Monroe Council Minutes | 4/4/2016

COUNCIL OF THE TOWNSHIP OF MONROE MINUTES

REGULAR MEETING -- APRIL 4, 2016

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 Leslie Koppel with a Salute to the Flag.

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

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

ABSENT: Councilman Michael Leibowitz

There were approximately ten (10) members of the Public present in the audience.

Council President Koppel requested the Deputy 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 January 5, 2016 on the Bulletin Board of the Office of the Township Clerk in the Municipal Building, 1 Municipal Plaza and remains posted at that location for public inspection;

2.Printed in the HOME NEWS TRIBUNE and CRANBURY PRESS on January 8, 2016;

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.

PRESENTATION: Council President Leslie Koppel introduced Council Vice-President Stephen Dalina who gave a presentation on the “Makerfest” which was held at the Monroe Township Library, which is an opportunity once a year for our community to get together and get savvy in using technology and using your imagination. There were over 500 attendees, from infants to seniors, and over 20 varied and broad maker exhibitors. Council Vice-President Dalina introduced two of our librarians, Steve from Studio M and Annette to discuss Makerfest and all of the exhibitors who were there for the day. A few of the exhibitors discussed their exhibits, such as a, Vertex Cannon and jewelry makers who commented about what a wonderful event this was and how much they are looking forward to next year’s event.

Mayor Tamburro added that the programs the library has are fantastic, commenting that the Monroe Township Library is the jewel of the Township.

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

SEXUAL ASSAULT AWARENESS MONTH – APRIL 2016

April 27, 2016 “Wear Denim Day”

ARBOR DAY

APRIL 29, 2016

UPON MOTION made by Council Vice-President Dalina and seconded by Councilwoman Schneider, the CLAIMS per run date of 03/24/2016 were approved for payment as presented.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

UPON MOTION made by Councilwoman Schneider and seconded by Council Vice-President Dalina, the MINUTES of the February 29, 2016 - Agenda Meeting were approved as written and presented.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

ORDINANCE as follows: (O-02-2016-003)

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 blue, text to be deleted is in red and struck)

SECTION 1.

39-1.Title.
39-2. Purpose.
39-3.Feesenumerated.
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.Feesenumerated.

The following fees shall be charged by the township for services rendered or licenses or permits issued. All license fees shall be annual unless otherwise noted.

Licenses and Permits from Township Clerk’s Office.

(2.1)Chapter 23A Clothing Donation Bins.

(a)Annual fee for each Bin.$ 25.

CONSTRUCTION FEES:

TOWNSHIP OF MONROE

SECTION 39-3CPLUMBING SUBCODE FEE SCHEDULE - SCHEDULE VI

Fixture/EquipmentBased onCost

Water Closeteach$ 15

Urinal/Bideteach$ 15

Bath Tubeach$ 15

Lavatoryeach$ 15

Showereach$ 15

Floor Draineach$ 15

Fixture/EquipmentBased onCost

Sinkeach$ 15

Dishwashereach$ 15

Each Appliance connected to each$ 15

Gas piping or Oil piping

Drinking Fountaineach$ 25

Washing Machineeach$ 15

Hose Bibeach$ 15

Water Heatereach$ 15

Fuel Oil Pipingflat fee$ 25

Steam Boilereach$100

Hot Water Boilereach$100

Sewer pumpeach$ 75

Interceptor/Separatoreach$ 50

Backflow Preventer(lawn Sprinkler)each$ 40

Grease trap each$ 65

Sewer Connectioneach$ 65 $100.

Water Service Connectioneach$ 65 $100.

Stackseach$ 15

Affordable HousingDevelopment Fees – Chapter 131 and Chapter 131A

Chapter 131

(1)Section 131-9E-1. Local Housing Rehabilitation Program Fees.

All local construction fees, plan review fees and inspection fees shall be exempt from the Rehabilitation Program.

Chapter 131A

(1)Section 131A-4. Residential development fees. Within all zoning districts of the Township of Monroe, developers shall pay a development fee of one percent (1%) of the equalized assessed value of any eligible residential activity.

(2)Section 131A-5. Nonresidential development fees. Developers within all zoning districts of the Township of Monroe, developers shall pay a development fee of two percent (2%) of the equalized assessed value of any eligible nonresidential activities.

I.Miscellaneous fees:

(1)Bid/contract specifications: $25.00 - $150.00

(2)(1)Returned check fee: twenty dollars ($20.)

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.

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

There was no Public or Council discussion of this Ordinance.

As Council Vice-President Dalina and Councilwoman Schneider regularly moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: ORDINANCE NO. O-2-2016-003 AMENDING CHAPTER 39 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED, “FEES”.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Ordinance Duly Filed.

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

Dalina, an Ordinance of which the following is the title was moved on second reading for final

passage: ORDINANCE NO. O-3-2016-005 ACKNOWLEDGING MONROE TOWNSHIP’S ACCEPTANCE OF THE TRAFFIC CONTROL SIGNAL LOCATED AT THE INTERSECTION

OF APPLEGARTH ROAD (CR 619) AND FORSGATE DRIVE (CR 612) AND LINKS DRIVE.

ORDINANCE as follows: (O-03-2016-005)

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

SECTION 1.The intersection of Applegarth Road (County Route 619) and Forsgate Drive (County Route 612) and Links Drive shall be controlled by a Traffic Control Signal in accordance with the Plan bearing the date of August 18, 2015 as-built, an Electrical Plan bearing the date of August 18, 2015, as-built.

SECTION 2.The Traffic Control Signal shall be in accordance with the provisions of the Manual of Uniform Traffic Control Devices, Title 39 of the Revised Statutes and the New Jersey Administration, County Standards and ADA Standards. Said Traffic Control Signal shall be operated in conformance with the designated Plan.

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

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 upon final passage and publication as provided by law.

SECTION 6.Upon final passage and adoption, the Township Clerk shall forward two certified copy of this Ordinance to Richard Wallner, PE, Middlesex County Engineer, P.O. Box 871, 75 Bayard Street, 5th Floor, New Brunswick, New Jersey 08903, and the Middlesex County Planning Board and to the Middlesex County Board of Chosen Freeholders for a Consenting Resolution.

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

There was no Public or Council discussion of this Ordinance.

As Councilwoman Schneider and Council Vice-President Dalina regularly moved and seconded

the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: ORDINANCE NO. O-3-2016-005 ACKNOWLEDGING MONROE TOWNSHIP’S ACCEPTANCE OF THE TRAFFIC CONTROL SIGNAL LOCATED AT THE INTERSECTION OF APPLEGARTH ROAD (CR 619) AND FORSGATE DRIVE (CR 612) AND

LINKS DRIVE.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Ordinance Duly Filed.

TOWNSHIP OF MONROE ENTITLED “DRUG-FREE ZONES”.

ORDINANCE as follows: (O-03-2016-006)

BE IT ORDAINED by the Township Council of the Township of Monroe, County of Middlesex and State of New Jersey that Chapter 35 of the Code of the Township of Monroe is hereby amended and supplemented as follows: (deletions and revisions)

SECTION 1.

35-1.Adoption of Drug-Free School Zone Map.

In accordance with and pursuant to the authority of P.L. 1988, c.44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced on or about July 25, 1988, and last revised February 27, 2009 February 16, 2016 by the Municipal Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board and of the areas on or within one thousand (1,000) feet of such school property.

35-2.Map to constitute official finding.

The Drug-Free School Zone Map approved and adopted pursuant to Section 35-1 of this Chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000) feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this Chapter shall be amended to reflect any additions or deletions with respect to location and boundaries of school property and drug-free school zones.

35-3.Notification of changes in school property.

The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.

35-4.Adoption of Public Park and Public Building Drug-Free Map.

In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, the Public Park and Public Building Drug-Free Map produced on or about August 31, 2000, and last revised February 27, 2009 February 16, 2016 designating the 500 foot drug-free zone surrounding all public parks and public buildings within the Township of Monroe, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for a public park or a public building within the Township of Monroe.

35-5.Notification of changes in property used for a public park orbuilding.

The Director of Public Works is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property used for a public park or public building.

35-6.Filing of maps, copies.

The Township Clerk is hereby directed to receive and to keep on file the original of the maps approved and adopted pursuant to Section 35-1 “Drug-Free School Zone Map” and Section 35-4 “Public Park and Public Building Drug-Free Map” of this Chapter and to provide at a reasonable cost, a true copy thereof, to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that true copies of such maps and of this Chapter shall be provided without cost to the County clerk and to the Office of the Middlesex County Prosecutor.

SECTION 2.

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

SECTION 3.

All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION 4.

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

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

There was no Public or Council discussion of this Ordinance.

As Councilwoman Schneider and Council Vice-President Dalina regularly moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: ORDINANCE NO. O-3-2016-006 AMENDING CHAPTER 35 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “DRUG-FREE ZONES”.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Ordinance Duly Filed.

UPON MOTION made by Council Vice-President Dalina and seconded by Councilwoman Schneider, an Ordinance of which the following is the title was moved on second reading for final passage: ORDINANCE NO. O-3-2016-007 ACCEPTING THE CONVEYANCE OF DEED OF EASEMENT AND ACCEPTING LAND TO BE DEDICATED FOR PURPOSES OF OPEN SPACE AND DETENTION BASINS IN THE WOODLANDS AT MONROE RESIDENTIAL SUBDIVISION FROM CENTEX HOMES, LLC.

ORDINANCE as follows: (O-03-2016-007)

WHEREAS, Centex Homes, LLC, a New Jersey LLC, with offices at 150 Allen Road, Suite 303, Basking Ridge, New Jersey 07920, is the owner of the premises designated as Lot 1.03, in Block 109.36; Lots 81, 99, 108.2 in Block 148.54 and Lot 36 in Block 148.40, as shown on the Tax Map of the Township of Monroe, County of Middlesex and State of New Jersey; and

WHEREAS, as a condition of the Final Major Subdivision approval of the site plan granted by the Planning Board of the Township of Monroe on December 3, 2003 and memorialized on December 30, 2003 (PB-866-03), the owner was required to dedicate certain lands and provide certain conservation, drainage, utility and street tree rights to the Township of Monroe via the Deeds of Dedication and Easements; and

WHEREAS, the Council believes that accepting the Deeds of Dedication and Easements for the purpose of conveying certain lands to the Township of Monroe along with certain conservation, drainage, utility and street tree rights is in the public interest; and

WHEREAS, the Township Engineer has reviewed the attached metes and bounds descriptions for said lots and has found same to be in conformity with the Planning Board approval and recommends acceptance of the Deeds of Dedication and Easements; and

WHEREAS, the Township Council has, after consultation with its legal and engineering professionals, determined that it is in the public interest to accept the donation of said lots from Centex Homes, LLC;

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

Section 1.The Mayor and Township Clerk are hereby authorized to accept the Deeds of Dedication and Easements relating to Lot 1.03 in Block 109.36; Lots 81, 99 and 108.02 in Block 148.54 and Lot 36 in Block 148.40 in the form attached hereto as Exhibit “A”.

Section 2.Taxes on the dedicated lots shall be paid by Centex through the date the deeds are recorded.

Section 3.All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Section 4.If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply one 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 upon final passage and publication as provided by law.

SO ORDAINED, as aforesaid.

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

Michele Arminio, 9 Nathaniel Street – Ms. Arminio commented that the dedication seems to be multi-purpose and asked how this is separated as it is not really separated in the Ordinance. She asked if there is any conservation or private conservation easements, to which Township Engineer Mark Rasimowicz responded that a dedication was required per approval, including the dedications of detention basin lots as well as easements, street tree easements and conservation easements. Ms. Arminio asked what the amount of the acreage would be and Engineer Rasimowicz responded that he did not know the exact acreage amounts but would be able to provide that information to her later. She asked how much property will be going into the Open Space category and commented that it would be nice if that kind of information would be made available beforehand. She asked additionally if the property has been dedicated yet, to which Engineer Rasimowicz responded that this is the transferring of deeds and there are eight separate parcels with various dedications. Ms. Arminio reiterated that it would be nice to have the details beforehand since this is the Public Hearing on this Ordinance. Engineer Rasimowicz replied that he would be happy to go over the details with her as he does not have the information in front of him.

UPON MOTION made by Councilwoman Schneider and seconded by Council Vice-President Dalina, an Ordinance of which the following is the title was moved on second reading for final passage: ORDINANCE NO. O-3-2016-008 ACCEPTING DEED TO LAND IDENTIFIED AS BLOCK 22, LOTS 1 AND 3 ON THE TAX MAP OF MONROE TOWNSHIP DESIGNATING BLOCK 22, LOTS 1 AND 3 TAX EXEMPT.

ORDINANCE as follows: (O-03-2016-008)

WHEREAS, the Township Council of the Township of Monroe determined that it was in the public interest that certain land, located on Federal Road (a/k/a Federal Boulevard, a/k/a road leading from Tracy Station to Gravel Hill), be dedicated as open space (the “Project”); and

WHEREAS, as part of the Project, the Township of Monroe acquired ownership of parcels of land identified as Block 22, Lots 1 and 3, by Deed dated December 12, 2014, from Marie Carolyn Titus and Wendy Marie Siano, tenants in common, for consideration in the sum of $500,000; and

WHEREAS, the original Deed incident to the acquisition of said lands by the Township, reviewed and approved by the Township Attorney, was recorded in the Middlesex County Clerk’s Office on January 9, 2015, in Deed Book 6652 at Page 498; and

WHEREAS, through a clerical error, no Ordinance accepting the Deed was ever enacted by the Township Council; and

WHEREAS, the official records of the Monroe Township Tax Assessor reflect ongoing accrual of municipal taxes on said lands, and delinquencies thereof; and

WHEREAS, said lands are exempt from municipal taxation as of the date of acquisition by the Township;

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

Section 1. The Mayor and Township Clerk are hereby authorized to accept the Deed nunc pro tunc as of December 12, 2014, to lands identified as Block 22, Lots 1 and 3 on the tax map of Monroe Township.

Section 2. The Tax Assessor is hereby authorized to cancel any and all accumulated taxes due on lands identified as Block 22, Lots 1 and 3 on the tax map of Monroe Township, and to exempt said lands from taxation as of December 12, 2014.

Section 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Section 4. If any section, subdivision, sentence, clause or provision of this Ordinance shall be adjudicated invalid, such adjudication shall apply only to the section, 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 upon final passage and publication as provided by law.

SO ORDAINED as aforesaid.

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

Michele Arminio, 9 Nathaniel Street – Ms. Arminio asked what the total acreage of Block 22, Lots 1 & 3 are and Engineer Mark Rasimowicz replied that these are two existing lots and he does not have the total acreage with him at the moment. Ms. Arminio asked if it is possible that it is 40.7 acres and what does the project mean to which Administrator Hamilton answered that this was authorized several months to a year ago and this Ordinance is the recording and acceptance of the deed and exempting the property from future taxes. Ms. Arminio asked what was being done with the land and Engineer Rasimowicz responded that the property backs up to James Monroe Park. Ms. Arminio added that Lot 3 has a body of water that runs through and asked if that is what FHA means and is it possible that it is 6.2 acres and Engineer Rasimowicz answered “yes”.

As Councilwoman Schneider and Council Vice-President Dalina regularly moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: ORDINANCE NO. O-3-2016-008 ACCEPTING DEED TO LAND IDENTIFIED AS BLOCK 22, LOTS 1 AND 3 ON THE TAX MAP OF MONROE TOWNSHIP DESIGNATING BLOCK 22, LOTS 1 AND 3 TAX EXEMPT.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Ordinance Duly Filed.

UPON MOTION made by Councilwoman Schneider and seconded by Councilman Dipierro, an Ordinance of which the following is the title was moved on second reading for final passage: ORDINANCE NO. O-3-2016-009 CREATING CHAPTER 23A ENTITLED, “CLOTHING DONATION BINS”.

ORDINANCE as follows: (O-03-2016-009)

WHEREAS, the State Legislature enacted N.J.S.A. 40:48-2.60 et seq. to set forth rules and regulations governing the use of clothing donation bins for solicitation within the State; and

WHEREAS, N.J.S.A. 40:48-2 permits a municipality to make and amend ordinances as it may deem necessary and proper for good government, order and protection of persons and property, and for the preservation of the health, safety and welfare of the municipality and its inhabitants; and

WHEREAS, the Township Council of the Township of Monroe desires to create Chapter 23A, Clothing Donation Bins, of the Code of the Township of Monroe;

BE IT ORDAINED by the Township Council of the Township of Monroe, County of Middlesex and State of New Jersey that Chapter 23A of the Code of the Township of Monroe is hereby created to read as follows:

SECTION 1. §23A-1.

Purpose. The purpose of this chapter is to set forth the rules and regulations governing the placement and use of clothing donation bins in the Township of Monroe in order to promote the public health, safety, convenience and welfare.

SECTION 2. §23A-2.

Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated:

CLOTHING DONATION BIN OR BIN

Receptacle used to place clothing or materials of such type solicited from the public.

SOLICITATION or SOLICIT

"Solicitation" or “solicit” means the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.

SECTION 3. §23A-3.

Permit required; renewal. Notwithstanding any other provisions of law to the contrary, no person shall place, use or employ a clothing donation bin within the Township of Monroe for solicitation purposes without first obtaining a permit from the Township Clerk. Permits shall be renewable on an annual basis during the month of January.

SECTION 4. §23A-4.

Permit fee. A nonrefundable fee of $25 per Bin shall be charged for each permit application under this chapter to offset the costs involved in enforcing the provisions of this chapter.

SECTION 5. §23A-5.

Permit applications. The application for a permit shall include:

The location where the clothing donation bin will be situated, as precisely as possible.

The manner in which the applicant anticipates any clothing or other donations collected via the bin will be used, sold, or dispersed of, and the method by which the applicant anticipates the proceeds of collected donations will be allocated or spent.

The name, address, and telephone number of the bona fide office of the owner of the clothing donation bin and of any entity which may share or profit from any clothing or other donations collected via the bin, at which the person or persons can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person or persons described herein does not constitute a bona fide office.

Written consent from the property owner to place the clothing donation bin on the owner’s property.

SECTION 6. §23A-6.

Permit renewal applications. An expiring permit for a clothing donation bin may be renewed upon application for renewal and payment of a $25 per Bin as a renewal fee. The renewal application shall include:

The location where the clothing donation bin is situated, as precisely as possible.

If the renewal applicant intends to move the bin, the new location where the bin will be situated after the renewal permit is granted, as precisely as possible.

Written consent from the property owner to place the clothing donation bin on the owner’s property.

A statement of the manner in which the renewal applicant has used, sold or dispersed of any clothing or other donations previously collected via the bin, the method by which the proceeds of previously collected donations have been allocated or spent and any changes the owner anticipates will be made in these processes during the period covered by the renewal permit.

The name, address and telephone number of the bona fide office of the owner of the clothing donation bin and of any entity which shared or profited from any clothing or other donations collected via the bin or may share or profit from any clothing or other donation collected via the bin during the period covered by the renewal, at which location the renewal applicant and entity can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person or persons described herein does not constitute a bona fide office.

SECTION 7. §23A-7.

Display of information on clothing donation bin. The following information shall be clearly and conspicuously displayed on the exterior of the clothing donation bin:

The permit number and date of expiration.

The name, address and telephone number of the bona fide office of the owner of the clothing donation bin and of any entity which may share or profit from any clothing or other donations collected via the bin, at which the person or persons can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person or persons described herein does not constitute a bona fide office.

In cases when an entity other than the owner of the clothing donation bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared or given entirely to an entity other than the person who owns the bin, and identifying all entities which may share or profit from such donations.

A statement, consistent with the information provided to the Township Clerk in the most recent permit or renewal application, indicating the manner in which the owner anticipates any clothing or other donations collected via the bin will be used, sold or dispersed of, and the method by which the proceeds of collected donations will be allocated or spent.

SECTION 8. §23A-8.

Placement of clothing donation bin. The Township of Monroe shall not grant an application for a permit to place, use or employ a clothing donation bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a clothing donation bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases, or the placement of a bin where it interferes with vehicular or pedestrian circulation or mandatory parking spaces. The person placing, using or employing a clothing donation bin shall maintain the bin and the area surrounding the bin such that there shall be no accumulation of clothing or other donations outside the bin.

SECTION 9. §23A-9.

Enforcement. The Township Zoning Officer shall receive and investigate, within 30 days, complaints from the public regarding any clothing donation bin. Whenever it appears to the Zoning Officer that the person who placed a clothing donation bin has engaged in, or is engaging in, an act or practice in violation of this chapter, a warning shall be issued by the Zoning Officer stating that if the violation is not rectified, or a hearing is not requested before the Zoning Board of Adjustment within 45 days, the bin may be seized or removed at the expense of the person who placed the bin. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself. In the case of seizure or removal of a bin, any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the Township of Monroe.

SECTION 10. §23A-10.

Additional penalties for violation; remedies.

In addition to any other penalties or remedies authorized by this chapter and the laws of this state, any person who violates any provision of this chapter shall be:

Subject to a penalty of up to $20,000 for each violation. The Zoning Official may bring this action in municipal court or Superior Court as a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L. 1999, c.274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the Township of Monroe; and

Deemed ineligible to place, use or employ a clothing donation bin for solicitation purposes pursuant to this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.).

A person deemed ineligible to place, use or employ a clothing donation bin for solicitation purposes may apply to the Township Clerk to have eligibility restored. The Township Clerk may restore the eligibility of a person who:

Acts within the public interest; and

Demonstrates a good faith effort to comply with the provisions of this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) and all other applicable laws and regulations or had no fraudulent intentions.

SECTION 11.

All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.

SECTION 12.

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 13.

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

SO ORDAINED as aforesaid.

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

There was no Public or Council discussion of this Ordinance.

As Councilwoman Schneider and Councilman Dipierro regularly moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: ORDINANCE NO. O-3-2016-009 CREATING CHAPTER 23A ENTITLED, “CLOTHING DONATION BINS”.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Ordinance Duly Filed.

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

Dalina, an Ordinance of which the following is the title was moved on second reading for final

passage: ORDINANCE NO. O-3-2016-010 AMENDING THE CODE OF THE TOWNSHIP OF

MONROE, SPECIFICALLY CHAPTER 131 ENTITLED, “AFFORDABLE HOUSING”.

ORDINANCE as follows: (O-03-2016-010)

BE IT ORDAINED by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey that the following amendments be made to Chapter 131 of the Code of the Township of Monroe entitled [Symbol]Affordable Housing[Symbol]:

SECTION 1.

131-9.Local Housing Rehabilitation Program.

E.Fees

1.All local construction fees, plan review fees and inspection fees shall be exempt from the Rehabilitation Program.

SECTION 2.

If any section, subsection, paragraph, sentence or other part of this Ordinance shall be adjudged unconstitutional or invalid, such judgment shall not affect or invalidate the remainder of this Ordinance, but shall be confined to its effect to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect.

SECTION 3.

All Ordinances or parts of Ordinances which are inconsistent with the provisions of this Ordinance are hereby repealed, but only to the extent of such inconsistencies.

SECTION 4.

This Ordinance shall take effect immediately upon final adoption and publication in the manner prescribed by law.

SO ORDAINED, as aforesaid.

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

Michele Arminio, 9 Nathaniel Street – Ms. Arminio asked if the fees were being waived for the

contractors or the homeowners of the rehabbed properties. Engineer Mark Rasimowicz explained that this is for the homeowners. Ms. Arminio asked if the fees will be reflected in the estimates and Engineer Rasimowicz responded that we are redoing the Ordinance to include the fees being waived and contractors will still have to secure permits and follow through for certificates of approvals. Ms. Arminio asked if the properties are still subject to inspections and Engineer Rasimowicz responded “yes” and Administrator Hamilton added that this had been mentioned by our Construction Official and we are just having it formally included in the Ordinance, as typically we would waive the fees but realized now that we have nothing in our Code stating that.

As Councilwoman Schneider and Council Vice-President Dalina regularly moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: ORDINANCE NO. O-3-2016-010 AMENDING THE CODE OF THE TOWNSHIP OF MONROE, SPECIFICALLY CHAPTER 131 ENTITLED, “AFFORDABLE HOUSING”.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Ordinance Duly Filed.

UPON MOTION made by Council Vice-President Dalina and seconded by Councilwoman Schneider, an Ordinance of which the following is the title was moved on second reading for final passage: BOND ORDINANCE NO. O-3-2016-011 AMENDING AND SUPPLEMENTING BOND ORDINANCE NUMBER 0-11-2015-021 FINALLY ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MONROE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (THE “TOWNSHIP”) ON NOVEMBER 4, 2015 WHICH PROVIDES FOR VARIOUS IMPROVEMENTS TO THE SOCCER COMPLEX AND TENNIS COURTS), TO INCREASE THE APPROPRIATION THEREIN BY $600,000, TO INCREASE THE AUTHORIZATION OF BONDS OR NOTES THEREIN BY $571,000 AND TO INCREASE THE TOTAL DOWN PAYMENT THEREIN BY $29,000.

ORDINANCE as follows: (O-03-2016-011)

BE IT ORDAINED AND ENACTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MONROE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:

SECTION [Field][Field][Field][Field][Field][Field][Field][Field]1. Bond ordinance number O-11-2015-021 finally adopted on November 4, 2015 by the Township of Monroe, in the County of Middlesex, State of New Jersey (the “Township”) entitled, “BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS TO THE SOCCER COMPLEX AND TENNIS COURTS WITHIN THE TOWNSHIP, ALL LAWFUL AND PUBLIC PURPOSES, BY AND IN THE TOWNSHIP OF MONROE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (THE “TOWNSHIP”); APPROPRIATING $2,500,000 THEREFOR (INCLUDING A GRANT RECEIVED OR EXPECTED TO BE RECEIVED FROM THE COUNTY OF MIDDLESEX, NEW JERSEY IN THE AMOUNT OF $1,000,000) AND AUTHORIZING THE ISSUANCE OF $1,427,700 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COSTS THEREOF” (the “Original Ordinance”), is hereby amended and supplemented to the extent and with the effect as follows:

SECTION 2. For the improvements or purposes described in Section 3(a)(i) of the Original Ordinance, as amended and supplemented hereby, there is hereby appropriated the additional sum of $600,000, said sum being inclusive of $29,000 as the amount of an additional down payment as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq., as amended and supplemented (the “Local Bond Law”), now available therefor by virtue of a provision or provisions in a previously adopted budget or budgets of the Township for down payment or for capital improvement purposes. The appropriation for the improvements or purposes contained in Section 3(a)(i) of the Original Ordinance, as amended and supplemented hereby, shall be increased by $600,000 from $2,200,000 (including the grant in the amount of $1,000,000 (the “Grant”) received or expected to be received from the County of Middlesex, State of New Jersey (the “County”)) and shall equal the amount of $2,800,000, said sum being inclusive of all appropriations heretofore made in the Original Ordinance, as amended and supplemented hereby, for the improvements or purposes contained in said Section 3(a)(i), including the amount of down payment increased by $29,000 from $58,000 to equal $87,000. Therefore, the total appropriation contained in the Original Ordinance, as amended and supplemented hereby, shall be increased by $600,000 from $2,500,000 and shall equal the amount of $3,100,000, said sum being inclusive of all appropriations heretofore made in the Original Ordinance, as amended and supplemented hereby, including the Grant and the total amount of down payment increased by $29,000 from $72,300 to equal $101,300. The total appropriation including the total amount of down payment is $3,100,000.

SECTION 3. In order to finance the additional cost of the improvements or purposes set forth in Section 3(a) of the Original Ordinance, as amended and supplemented hereby, not covered by the additional down payment or the Grant, additional negotiable bonds or notes of the Township in the amount of $571,000 are hereby authorized to be issued by the Township for such improvements or purposes in Section 3(a) of the Original Ordinance, as amended and supplemented, such that the total authorization of negotiable bonds or notes to be issued by the Township for the improvements or purposes stated in Section 3(a)(i) of the Original Ordinance, as amended and supplemented hereby, shall be increased by $571,000 from $1,142,000 and shall equal the amount of $1,713,000. Therefore, the total authorization of negotiable bonds or notes to be issued by the Township for the improvements or purposes stated in Section 3(a) of the Original Ordinance, as amended and supplemented hereby, shall be increased by $571,000 from $1,427,700 and shall equal the amount of $1,998,700.

SECTION 4. Section 3 of the Original Ordinance shall be amended to read in its entirety as follows:

“SECTION 3(a) The improvements hereby authorized and purposes for the financing of which said obligations are to be issued are various improvements to include, but are not limited to, the following:

Description

Appropriation

Debt

Authorization

Down

Payment

Useful

Life

(i) Improvements to the recreational open space soccer complex within the Township, which soccer complex is subject to a shared service agreement with the County, including but not limited to, the acquisition and installation of lighting, an artificial turf surface, a concession/ refreshment building, and restroom facilities; and

$2,800,000

(including the

$1,000,000 Grant)

$1,713,000

$87,000

15 years

(ii) The replacement of the tennis courts within the Township located on the property of Monroe Township High School, which tennis courts are subject to a shared service agreement with The Board of Education of the Township of Monroe, including but not limited to, the demolition of the existing courts and the replacement with new courts, including striping and netting.

$300,000

$285,700

$14,300

15 years

TOTALS

$3,100,000

$1,998,700

$101,300

15.00 years

(b)The aggregate estimated maximum amount of bonds or notes to be issued for said improvements or purposes is $1,998,700.

(c)The aggregate estimated cost of said improvements or purposes is $3,100,000, the excess amount thereof over the said estimated maximum amount of bonds or notes to be issued therefor, being the Grant and the aggregate amount of the down payments available for said purposes.

(d)All such improvements or purposes set forth in Section 3(a) shall include, but are not limited to, all engineering and design work, consulting, surveying, construction planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, and also shall include all work, materials, equipment, accessories, labor and appurtenances necessary therefor or incidental thereto and all in accordance with the plans and specifications therefor on file in the Office of the Clerk of the Township and available for public inspection and hereby approved.”

SECTION 5.[Field] Except for the Grant, in the event the United States of America, the State of New Jersey, and/or the County of Middlesex make a contribution or grant in aid to the Township for the improvements and purposes authorized in the Original Ordinance, as amended and supplemented hereby, and the same shall be received by the Township prior to the issuance of the bonds or notes authorized in Section 2 of the Original Ordinance, as amended and supplemented hereby, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/or the County of Middlesex. Except for the Grant, in the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey, and/or the County of Middlesex shall be received by the Township after the issuance of the bonds or notes authorized in Section 2 of the Original Ordinance, as amended and supplemented hereby, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 5 shall not apply, however, with respect to any contribution or grant in aid received by the Township as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid.

SECTION 6. The capital budget of the Township is hereby amended, as necessary, to conform with the provisions of this amendatory and supplemental bond ordinance to the extent of any inconsistency herewith and a resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director of the Division of Local Government Services, Department of Community Affairs, State of New Jersey, is on file in the Office of the Clerk of the Township and is available for public inspection.

SECTION 7. The following additional matters are hereby determined, declared, recited and stated:

(a)The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the Township and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services, Department of Community Affairs, State of New Jersey, and such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this amendatory and supplemental bond ordinance by $571,000 and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.

(b)For the improvements or purposes set forth in the Original Ordinance, as amended and supplemented hereby, an additional sum of $195,000 is hereby included for items of expense listed in and permitted under N.J.S.A. 40A:2-20, making the total amount for such items of expense equal to an aggregate amount not exceeding $595,000, such total amount being included in the estimated cost indicated herein for the improvements or purposes set forth in the Original Ordinance, as amended and supplemented hereby.

SECTION 8.[Field] The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by the Original Ordinance, as amended and supplemented hereby. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the principal of the obligations and the interest thereon without limitation as to rate or amount.

SECTION 9. The Township reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 of the Original Ordinance, as amended and supplemented hereby, and paid prior to the issuance of any bonds or notes authorized by the Original Ordinance, as amended and supplemented hereby, with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the Township's official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 of the Original Ordinance, as amended and supplemented hereby, to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations §1.150-2. No reimbursement allocation will employ an “abusive arbitrage device” under Treasury Regulations §1.148-10 to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986, as amended (the “Code”). The proceeds of any bonds or notes authorized in the Original Ordinance, as amended and supplemented hereby, used to reimburse the Township for costs of the improvements or purposes described in Section 3 of the Original Ordinance, as amended and supplemented hereby, or funds corresponding to such amounts, will not be used in a manner that results in the creation of “replacement proceeds”, including “sinking funds”, “pledged funds” or funds subject to a “negative pledge” (as such terms are defined in Treasury Regulations §1.148-1), of any bonds or notes authorized in the Original Ordinance, as amended and supplemented hereby, or another issue of debt obligations of the Township other than amounts deposited into a “bona fide debt service fund” (as defined in Treasury Regulations §1.148-1). The bonds or notes authorized in the Original Ordinance, as amended and supplemented hereby, to reimburse the Township for any expenditures toward the costs of the improvements or purposes described in Section 3 of the Original Ordinance, as amended and supplemented hereby, will be issued in an amount not to exceed $1,998,700. The costs to be reimbursed with the proceeds of the bonds or notes authorized in the Original Ordinance, as amended and supplemented hereby, will be "capital expenditures" in accordance with the meaning of section 150 of the Code. All reimbursement allocations will occur not later than eighteen (18) months after the later of (i) the date the expenditure from a source other than any bonds or notes authorized in the Original Ordinance, as amended and supplemented hereby, is paid, or (ii) the date the improvements or purposes described in Section 3 of the Original Ordinance, as amended and supplemented hereby, is “placed in service” (within the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event more than three (3) years after the expenditure is paid.

SECTION 10. The Township covenants to maintain the exclusion from gross income under Section 103(a) of the Code of the interest on all bonds and notes issued under the Original Ordinance, as amended and supplemented hereby.

SECTION 11. Except as expressly amended hereby, the Original Ordinance shall remain in full force and effect.

SECTION 12. This amendatory and supplemental bond ordinance shall

take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

Michele Arminio, 9 Nathaniel Street – Ms. Arminio asked if the funds are coming out of the Open Space Trust Fund or various funds to which Administrator Hamilton responded that this will be coming out of the Open Space fund. He explained that we are receiving a $1-million-dollar Grant from Middlesex County and the balance will be funded from the Open Space Trust Fund. Ms. Arminio asked if we know what the rate will be and Administrator Hamilton responded “no”, that it is too premature. She asked if a lot of the amount is going to technical work and engineering work to which Administrator Hamilton answered “yes”.

As Council Vice-President Dalina and Councilwoman Schneider regularly moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: BOND ORDINANCE NO. O-3-2016-011 AMENDING AND SUPPLEMENTING BOND ORDINANCE NUMBER 0-11-2015-021 FINALLY ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MONROE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (THE “TOWNSHIP”) ON NOVEMBER 4, 2015 WHICH PROVIDES FOR VARIOUS IMPROVEMENTS TO THE SOCCER COMPLEX AND TENNIS COURTS), TO INCREASE THE APPROPRIATION THEREIN BY $600,000, TO INCREASE THE AUTHORIZATION OF BONDS OR NOTES THEREIN BY $571,000 AND TO INCREASE THE TOTAL DOWN PAYMENT THEREIN BY $29,000.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Ordinance Duly Filed.

UPON MOTION made by Councilwoman Schneider and seconded by Council Vice-President Dalina, an Ordinance of which the following is the title was moved on second reading for final passage: BOND ORDINANCE NO. O-3-2016-012 AMENDING BOND ORDINANCE NUMBER O-8-2000-026 FINALLY ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MONROE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY ON AUGUST 28, 2000 (WHICH PROVIDES FOR VARIOUS 2000 CAPITAL IMPROVEMENTS), AS AMENDED AND SUPPLEMENTED, TO AMEND THE DESCRIPTION SET FORTH THEREIN TO INCLUDE NEW OPEN SPACE AND FARMLAND PRESERVATION PROPERTY ACQUISITIONS.

ORDINANCE as follows: (O-03-2016-012)

SECTION [Field][Field][Field][Field][Field][Field][Field][Field]1. Bond ordinance number O-8-2000-026 finally adopted on August 28, 2000 by the Township of Monroe, in the County of Middlesex, State of New Jersey (the “Township”) entitled, “BOND ORDINANCE PROVIDING FOR VARIOUS 2000 CAPITAL IMPROVEMENTS, ALL LAWFUL AND PUBLIC PURPOSES, BY AND IN THE TOWNSHIP OF MONROE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (THE “TOWNSHIP”); APPROPRIATING $1,500,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,428,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF,” as amended by bond ordinance number O-10-2001-035 finally on adopted by the Township Council on October 1, 2001, bond ordinance number O-12-2002-048 finally adopted by the Township Council on December 2, 2002, bond ordinance number O-8-2003-029 finally adopted by the Township Council on August 4, 2003, bond ordinance number O-12-2003-053 finally adopted by the Township Council on December 29, 2003, bond ordinance number O-12-2005-054 finally adopted by the Township Council on December 5, 2005, bond ordinance number O-6-2006-020 finally adopted by the Township Council on June 26, 2006, bond ordinance number O-9-2008-021 finally adopted by the Township Council on September 3, 2008, bond ordinance number O-8-2013-020 finally adopted by the Township Council on August 6, 2012, bond ordinance number O-4-2013-003 finally adopted by the Township Council on April 2, 2013 and bond ordinance number O-8-2014-014 finally adopted by the Township Council on August 4, 2014 (collectively the “Original Ordinance”), is hereby amended and supplemented to the extent and with effect as follows:

(a)Sections 3(a)(i) and (ii) of the Original Ordinance are hereby amended in their entirety to read as follows:

“Description	Appropriation	Authorization	Down Payment	Useful Life
(i) Acquisition of various properties within the Township for open space purposes, including, but not limited to, as applicable, Block 1, Lot 7.02; Block 9, Lot 9.18; Block 18, Lots 17 and 18; Block 22, Lots 1 and 3; Block 25, Lot 19.4; Block 27.02, Lots 16 and 18.06; Block 27.2, Lots 17.1, 17.2, 18.4 and 18.5; Block 31, Lots 11 and 14; Block 32, Lots 5, 10, 11.1, 19.2 and 20; Block 49, Lots 10 and 14; Block 60, Lots 17.03, 17.04, 18.07 and 21.01; Block 62, Lot 12.02; Block 68, Lot 44.04; Block 75, Lot 11; Block 76, Lots 21.02 and 23.06; Block 76.01, Lots 25.01 and 25.20; Block 77, Lots 2.3, 7, 10.01, 10.02, 10.03, 11.01 and 11.02; Block 106.89, Lot 31; Block 106.91, Lot 47.01 on Pine View Court and as sometimes described as Lot 4.01; and Block 106.95, Lot 20, in accordance with the Township’s Open Space Plan, as filed with the Middlesex County Open Space Committee, a lawful public purpose, including the acquisition of development rights therefor and open space mapping, all work and materials necessary therefor and incidental thereto and all in accordance with the plans and specifications therefor on file in the Office of the Clerk of the Township and available for public inspection and hereby approved, and	$11,650,000	$11,094,969	$555,031	40 years
(ii) Acquisition of development rights to various properties within the Township for farmland preservation purposes, including, but not limited to, as applicable, Block 2, Lot 4.01; Block 11, Lot 5.14; Block 19, Lot 4; Block 20, Lots 12.03, 14.03 and 22; Block 22, Lots 2.03 and 2.04; Block 30, Lot 8.7; Block 31, Lot 13.02; Block 36, Lots 14 and 15; Block 54, Lot 7.1; Block 60, Lots 28.02 and 29.232; Block 81, Lots 4 and 5.01; and Block 83, Lot 6.09, including all work and materials necessary therefor and incidental thereto and all in accordance with the plans and specifications therefor on file in the Office of the Clerk of the Township and available for public inspection and hereby approved; and	$1,200,000	$1,142,815	$57,185	40 years”

SECTION 2. The total appropriation set forth in the Original Ordinance, as amended and supplemented hereby, remains unchanged at $13,200,000. The total down payment set forth in the Original Ordinance, as amended and supplemented hereby, remains unchanged at $628,900. The total bond/note authorization set forth in the Original Ordinance, as amended and supplemented hereby, remains unchanged at $12,571,100. This Section 2 is intended to clarify any information set forth in Ordinance O-8-2014-014 that is inconsistent herewith.

SECTION 3. The Capital Budget of the Township is hereby amended, as necessary, to conform with the provisions of this amendatory bond ordinance and to the extent of any inconsistency herewith, a resolution in the form promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, will be on file in the office of the Clerk and will be available for public inspection.

SECTION 4. Except as expressly amended hereby, the Original Ordinance shall remain in full force and effect.

SECTION 5. This bond ordinance shall take effect twenty (20) days after

the first publication thereof after final adoption and approval by the Mayor, as provided by the Local Bond Law.

Council President Koppel opened the Public Hearing to Council and Public discussion of this Ordinance.

Michele Arminio, 9 Nathaniel Street – asked for clarification if this had anything to do with the previous Ordinance that added additional parcels and Administrator Hamilton answered that this is straight up Open Space and Farmland Preservation and we are moving them forward into the next phase which will add ten more properties, enumerating approximately 300 acres. He added that we will be adding two more already on the list at the next meeting. Ms. Arminio asked if the Ordinance will show all of the Blocks and Lots and asked if they have been on the list to which Administrator Hamilton answered “yes”, nine of which are Open Space and one is Farmland Preservation and will enumerate all of the Blocks and Lots.

As Councilman Dipierro and Councilwoman Schneider regularly moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: BOND ORDINANCE NO. O-3-2016-012 AMENDING BOND ORDINANCE NUMBER O-8-2000-026 FINALLY ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MONROE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY ON AUGUST 28, 2000 (WHICH PROVIDES FOR VARIOUS 2000 CAPITAL IMPROVEMENTS), AS AMENDED AND SUPPLEMENTED, TO AMEND THE DESCRIPTION SET FORTH THEREIN TO INCLUDE NEW OPEN SPACE AND FARMLAND PRESERVATION PROPERTY ACQUISITIONS.

ROLL CALL: Councilman Blaise DipierroAye

Councilman Michael Leibowitz Aye

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAbsent

Council President Leslie Koppel Aye

Copy of Ordinance Duly Filed.

UPON MOTION made by Council Vice-President Dalina and seconded by Councilwoman Schneider, an Ordinance of which the following is the title was introduced on first reading for final passage: ORDINANCE NO. O-4-2016-013 TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMIT AND TO ESTABLISH A CAP BANK.

ROLL CALL: Councilman Blaise DipierroAye

Councilman Michael Leibowitz Aye

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAbsent

Council President Leslie Koppel Aye

UPON MOTION made by Council Vice-President Dalina and seconded by Councilman Dipierro, the following entitled Resolutions were moved for adoption under the CONSENT AGENDA, as herein below set forth:

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

RESOLUTIONS adopted under CONSENT AGENDA are as follows:

R-4-2016-128RESOLUTION AUTHORIZING RELEASE OF CASH PERFORMANCE GUARANTEE POSTED WITH THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”) FOR W&S 1106 – GARY FLEISCHHAUER, BLOCK 50, LOT 9.04.

R-4-2016-129RESOLUTION AUTHORIZING RELEASE OF CASH PERFORMANCE GUARANTEE POSTED WITH THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”) FOR W&S 995, RYSZARD NAWRACAJ – BLOCK 103, LOT 16 HELMETTA ROAD.

R-4-2016-130RESOLUTION AUTHORIZING MODIFICATION OF A CONTRACT AWARDED TO O'BRIEN & GERE ENGINEERING, INC. FOR PUMP STATIONS 4, 9, & 10 UPGRADES FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).

R-4-2016-131RESOLUTION REJECTING ALL BIDS FOR CONTRACT NO. 447, “PATCH PAVING AND CONCRETE REPAIR” AND AUTHORIZING REBID OF THE CONTRACT BY THE MONROE TOWNSHIP UTILITY DEPT. (“M.T.U.D”).

R-4-2016-132RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR ENGINEERING SERVICES IN RELATION TO THE ASHMALL PS #7 TO GANNETT FLEMING, INC. FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D”).

R-4-2016-133RESOLUTION AUTHORIZING MODIFICATION TO A PROFESSIONAL SERVICE CONTRACT AWARDED TO GANNETT FLEMING, INC. FOR WATER INFRASTRUCTURE DESIGN SERVICES - CONTRACT NO. 393 FOR WELL 22 - ADDITIONAL TREATMENT FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).

R-4-2016-134MOVED TO NON-CONSENT AGENDA

R-4-2016-135RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE GUARANTEES POSTED BY TOP LINE CONSTRUCTION CORP. FOR INTERSECTION IMPROVEMENTS TO FORSGATE DRIVE, APPLEGARTH ROAD AND LINKS DRIVE UPON THE POSTING OF A MAINTENANCE GUARANTEE.

R-4-2016-136RESOLUTION REFUNDING TAX OVERPAYMENTS.

R-4-2016-137RESOLUTION REFUNDING THIRD PARTY TAX LIEN PREMIUM PAYMENTS.

R-4-2016-138RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH INTERNATIONAL FIREWORKS MANUFACTURING COMPANY.

R-4-2016-139RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO ENTER INTO A SHARED SERVICES AGREEMENT WITH THE COUNTY OF MIDDLESEX FOR HAZMAT RESPONSE SERVICES COST RECOVERY.

R-4-2016-140RESOLUTION AUTHORIZING REFUND OF ZONING PERMIT FEE.

R-4-2016-141RESOLUTION AUTHORIZING THE DISCHARGE OF AFFORDABLE HOUSING LIEN.

R-4-2016-142RESOLUTION AUTHORIZING THE SUBORDINATION OF AFFORDABLE HOUSING LIEN ON 1189 MORNING GLORY DRIVE.

R-4-2016-143RESOLUTION AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 1 SUBMITTED BY TRIUS, INC. IN CONNECTION WITH THE PURCHASE OF HEAVY DUTY STREET SWEEPER.

R-4-2016-144RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO ENTER INTO AN INTER-LOCAL SERVICES CONTRACT WITH THE COUNTY OF MIDDLESEX, DEPARTMENT OF PUBLIC SAFETY AND HEALTH, OFFICE OF HEALTH SERVICES.

R-4-2016-145RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CENTER STATE ENGINEERING FOR THE MONROE TOWNSHIP SOCCER COMPLEX FIELD CONVERSION, LIGHTING AND CONCESSION/RESTROOM FACILITY.

R-4-2016-146RESOLUTION AUTHORIZING MODIFICATION TO A PROFESSIONAL SERVICE CONTRACT WITH CENTER STATE ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO IMPROVEMENTS TO THE DEY FARM HISTORIC SITE.

R-4-2016-147RESOLUTION AUTHORIZING A CONTRACT WITH RUBBERECYCLE TO REPLACE THE SPRAY PARK SURFACE UNDER STATE CONTRACT.

R-4-2016-148RESOLUTION PROVIDING THAT THE 2016 MUNICIPAL BUDGET BE READ BY TITLE AT THE TIME OF THE PUBLIC HEARING.

R-4-2016-149RESOLUTION INTRODUCING THE 2016 MUNICIPAL BUDGET.

R-4-2016-150RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION AND STATEMENT OF UNDERSTANDING TO THE UNITED STATES OF AMERICA VIETNAM WAR COMMEMORATION FOR THE TOWNSHIP TO BECOME A COMMEMORATIVE PARTNER.

R-4-2016-151RESOLUTION AUTHORIZING EMERGENCY 2016 TEMPORARY BUDGET AMENDMENT.

R-4-2016-152RESOLUTION AUTHORIZING AWARD OF BID FOR FURNISHING AND DELIVERY OF WET BASIN FOUNTAINS.

R-4-2016-153RESOLUTION AUTHORIZING AWARD OF BID FOR WET BASIN MAINTENANCE.

R-4-2016-154RESOLUTION AUTHORIZING AWARD OF BID FOR 2016 SHADE TREE PLANTING.

R-4-2016-155MOVED TO NON-CONSENT AGENDA

R-4-2016-156MOVED TO NON-CONSENT AGENDA

Copies of Resolutions Duly Filed.

UPON MOTION made by Council Vice-President Dalina and seconded by Councilwoman Schneider, the following Resolution was moved for adoption: R-4-2016-134 RESOLUTION AUTHORIZING REDUCTION OF PERFORMANCE GUARANTEES POSTED TO THE MONROE TOWNSHIP UTILITY DEPARTMENT, (“M.T.U.D”) FOR W&S 988, CLEARVIEW ESTATES, BLK 35, LOTS 27 & 28, (PB-1029-06).

ROLL CALL:Councilman Blaise DipierroAbstained

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Resolution Duly Filed. (R-4-2016-134)

UPON MOTION made by Councilwoman Schneider and seconded by Council Vice-President Dalina, the following Resolution was moved for adoption: RESOLUTION NO. R-4-2016-155 APPROVING THE GLOBAL SETTLEMENT AND RELEASE BETWEEN THE TOWNSHIP OF MONROE, BIG DADDY CONSTRUCTION, INC. AND CHARLES DIPIERRO.

ROLL CALL:Councilman Blaise DipierroAbstained

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Resolution Duly Filed. (R-4-2016-155)

UPON MOTION made by Councilwoman Schneider and seconded by Council Vice-President Dalina, the following Resolution was moved for adoption: RESOLUTION NO. R-4-2016-156 AUTHORIZING PAYMENT OF ADDITIONAL FEES TO SHAIN, SCHAFFER & RAFANELLO, P.C. TO HANDLE THE MATTER BIG DADDY CONSTRUCTION, INC. D/B/A BROTHERS PAVING AND EXCAVATING COMPANY VS. TOWNSHIP OF MONROE, NEW JERSEY AS EXTRAORDINARY LITIGATION.

ROLL CALL:Councilman Blaise DipierroAbstained

Councilman Michael LeibowitzAbsent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

Copy of Resolution Duly Filed. (R-4-2016-156)

REPORTS:

Mayor Tamburro –

Attended the Memorial Service for Taylor Barta that was held at the High School. Taylor fought cancer for 3-4 years and his father Les Barta, who is a Commissioner for Fire District 3, collected crayons and will be donating them to hospitals.
An Open House will be held on April 20th at the Recreation Center – all Department Heads should be in attendance.

Administrator Hamilton –

The budget was introduced tonight with the Public Hearing being scheduled for May 2nd, which has been posted on the website. He is available to anyone who has questions about the budget. We are maintaining a $.01 increase.
Approximately 1,200 residents were without power from the windstorm.

We received a $300,000 Grant from the Department of Transportation, as well as a small Grant from Sustainable New Jersey.

Engineer Rasimowicz –

The soccer complex is complete, as well as the softball asphalt pathways.
The Community Garden, Phase II project is underway and set to be completed by May 1st.

Veteran’s Park is expected to take several weeks to complete.

COUNCIL REPORTS:

Councilman Michael Leibowitz –

No Report – Absent

Councilwoman Schneider –

An Easter Egg Hunt was held for children 6 months to 12-14 years old; it was very well organized and a delight to attend.

Attended an event for Cub Scout Pack 3 where father’s and son’s made model cars to race; responsible for picking the Mayor’s choice winner which was a hard choice.
Empty bowls auction will be held on June 8th with the intent to donate to the food pantry and four others.

Councilman Dipierro –

No Report

Council Vice-President Stephen Dalina –

Opening Day for Little League and the Girls’ Softball Association is this Saturday at James Monroe Park and at our Softball Field.
The Friends of the Library are having their book sale starting April 30th and are still accepting donations.
The Youth Advisory Committee is working on a project and has decided to do a clean-up around town on the last Saturday of April.

Council President Koppel –

Those who are 17 years old can now register to vote which is a change in the New Jersey law.
Cultural Arts will be holding an event May 20th at 7:00pm with the New Jersey Festival Orchestra called “Enter the Dragon”. Admission is free for students.
The Community Garden has about 12 plots available out of 200. They have been working really hard on applying for Grants and working on projects.
Administrator Hamilton mentioned that the budget is available and that he is available to answer any questions.

PUBLIC:

Gary Busman, 7 Monarch Road – Mr. Busman talked about the Community Garden’s new construction which includes 8 handicap parking spots. There were 176 sites available for use and out of all of them 12 are still open. May 1st is opening day and he is hoping to be sold out. They received two $1,000 Grants and thanked the Banks and the Public for their support.

Mr. Busman had a question regarding Resolution 4-2016-136 - refund of tax overpayments, asking what was paid out this year and Administrator Hamilton explained that two are for disabled veterans and they need to be memorialized by Resolution.

He further asked if abatements were given back in reassessments and Administrator Hamilton answered that he does not have the number but said there were not a lot of Appeals filed on April 1st.

Mr. Busman questioned Resolutions 4-2016-155 and 4-2016-156 regarding the Big Daddy Construction settlement with the Township, asking what the cost of the settlement was and the start. Mayor Tamburro answered explaining that the settlement is for $41,000 which covers the contract dispute as well as a global settlement with the Clerk’s office, which was nonfunctional due to the overwhelming amount of OPRA requests they were receiving and this settles a case brought against the Clerk with the GRC.

Hy Grossman, 15 Doral Drive – Mr. Grossman mentioned a concern he has during rain storms where cars are not following the law and putting their lights on when their wipers are on.

Mr. Grossman commended Michele Arminio on doing her homework and suggested that if answers cannot be given up front then voting should be put off until the next meeting to refrain from having to revise Ordinances, etc.

Michele Arminio, 9 Nathaniel Street – Ms. Arminio questioned several Resolutions, the first being R-4-2016-139, asking what Department from the County are we signing a Shared Services Agreement with. Administrator Hamilton responded that this is a renewal Agreement that municipalities have with the County Hazmat Department to recoup some of our emergency response time and appoints the County as the lead agency.

Ms. Arminio questioned Resolution R-4-2016-145 asking what the $395,000 Professional Services Contract with Center State encompasses and Administrator Hamilton answered that this is for the lighting and concession for the facility on Prospect Plains Road.

Next she questioned Resolution R-4-2016-146 regarding the $35,000 Professional Services Contract for the Dey Farm Historic site. Administrator Hamilton answered that this is an improvement project. Ms. Arminio asked if we received any money from the County to which Administrator Hamilton responded “yes”.

Next she questioned Resolutions R-4-2016-152 and R-4-2016-153 regarding the award of bids to Aquatic. Engineer Rasimowicz explained that for Resolution R-4-2016-153 the total annual cost is $23,437 for maintaining the basins, sampling and testing. Next he explained that Resolution R-4-2016-152 is in the amount of $28,388.40 awarded to Aquatic for providing fountains for the wet basins. In total there are six fountains. Ms. Arminio mentioned that in the past when we received dedications from developers we would receive money from them; are we

still receiving money from them and Administrator Hamilton answered “yes” that the money is coming from a dedicated trust. She asked if we had a fund number and how much is the balance, to which Administrator Hamilton answered that he does not have that number but will provide it at the next meeting.

Lastly, Ms. Arminio asked why Resolutions 4-2016-155 and 4-2016-156 were put on the non- consent agenda and Administrator Hamilton explained they were considered separately because Councilman Dipierro could not vote on them.

George Gunkelman, 5 Kelly Court – Approximately 15 to 20 years ago there was a problem with truck traffic. It had improved when mining was closed down and now there seems to be a lot of dump truck traffic again, as well as, the import and export of soil traffic. He commented that if large amounts of soil are needed to be trucked in then maybe the site is not good for developing. Since there are no scales in town and very heavy trucks are traveling our roadways daily, our roads are becoming damaged and we should reduce the truck traffic in town. He asked if our Gas Tax money had been returned from the State. Council President Koppel asked Engineer Mark Rasimowicz what the procedure is for importing and exporting soil, to which he responded that we try to balance the sites even when difficult. It is reviewed by the Engineer’s Office and the Police Department.

UPON MOTION made by Council Vice-President Dalina and seconded by Councilman Dipierro, the Regular Meeting was Adjourned at 8:17pm.

ROLL CALL: Councilman Blaise DipierroAye

Councilman Michael Leibowitz Absent

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie Koppel Aye

Sharon Doerfler

SHARON DOERFLER, Township Clerk

Leslie Koppel

LESLIE KOPPEL, Council President

Minutes were adopted on July 6, 2016