TOWNSHIP OF HOWELL NOVEMBER 12, 2019

TOWNSHIP COUNCIL REGULAR MEETING PAGE 1

I. Meeting Called to OrderMayor Berger called this meeting to order at 6: 36 PM.

2. Opening Statement and Roll CallDeputy Township Clerk Ciranni read the opening statement. Adequate notice of the holding ofthis meeting of the Howell Township Council was provided for in the following manner: ( 1) Bythe posting of a copy of said notice upon the bulletin board in the Township Municipal Buildingon January 3, 2019. ( 2) By copy of said notice to the Tri Town News and Star Ledger forinformation and publication on January 3, 2019. ( 3) By the filing of a copy of said form ofnotice in the Township Clerk' s office on January 3, 2019. The public will be allowed to attendand will be allowed to participate pursuant to the Open Public Meetings Law. The public is

reminded that civility and decorum will be maintained during the meeting. Any contractsawarded at this meeting, or between now and the next meeting will be required to comply withthe requirements of Public Law 1975 Chapter 127 (NJAC 17: 27).

Roll Call: Present: Mayor Theresa Berger, Deputy Mayor Evelyn O' Donnell, Councilman JohnBonevich, Councilwoman Pamela Richmond, Councilman Thomas Russo. Also present:

Township Manager Brian Geoghegan, Community Development Director/Deputy TownshipManager James Herrman, Township Attorney Joseph Clark, Chief Financial Officer Louis Palazzo,Affordable Housing Attorney Andrew Bayer, Acting Township Clerk Allison Ciranni.

3. Executive Session

There is a need to go into executive session for subjects to be discussed per N.J. S.A. 10:4- 12,

specifically under Potential Litigation and Contract Negotiations. The Township Council willreconvene in public session at 7: 30 PM. Councilwoman Richmond made a motion, seconded byCouncilman Bonevich. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond,

Councilman Russo, Deputy Mayor O' Donnell, Mayor Berger. Meeting reconvened at 7: 30 PM.

Mayor Berger announced that the Executive Session Minutes from tonight' s meeting can bedisclosed to the public at the next Regular Meeting, providing the need for confidentiality nolonger exists.

4. Pledge ofAllegiance to the Flag— Cub Scout Pack 258

TOWNSHIP OF HOWELL NOVEMBER 12, 2019

TOWNSHIP COUNCIL REGULAR MEETING PAGE 2

5. Acceptance ofMinutes ofPrevious MeetingsSeptember 10, 2019 Regular MeetingSeptember 24, 2019 Regular Meeting

Deputy Mayor O' Donnell made a motion to accept the minutes of September 10, 2019, secondedby Councilwoman Richmond. Councilman Bonevich stated that he watched the video of the9/ 10/ 19 meeting and feels the minutes are not accurate. Councilman Russo stated that he had nothad a chance to watch the video and therefore would abstain. Mayor Berger abstained as she

was not in attendance at that meeting. Roll Call: Ayes: Councilwoman Richmond, DeputyMayor O' Donnell. Nays: Councilman Bonevich. Abstain: Councilman Russo, Mayor Berger.

Minutes of September 10, 2019 not adopted.

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

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

6. Reports of Township OfficialsNone

7. Discussion

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

8. Hearing of Citizens & Public Comment on Consent Agenda ItemsMayor Berger opened the meeting to the public. Acting Township Clerk Ciranni read thefollowing statement: Please note that each person addressing the Township Council during thissection of the meeting shall limit his/her remarks to five minutes pursuant to the HowellTownship Council Meeting Protocol Policy.

TOWNSHIP OF HOWELL NOVEMBER 12, 2019TOWNSHIP COUNCIL REGULAR MEETING PAGE 3

Barbara Dixel, 62A Piazza Vittoria. Mrs. Dixel expressed her strong disapproval of the idea ofworkshop meetings. Mrs. Dixel stated that she is here this evening in her role as CountyCommitteewoman on behalf of a resident of The Villages who reached out to her for help. Thegentleman is very sick and has difficulty getting around. There is a problem with his front stepswhich cause him difficulty entering and exiting his home. The Villages management said theycannot help, the resident has to fix and pay for the repairs himself. Mrs. Dixel requested thatCode Enforcement send someone to check the situation and should require The Villages to takecare of it. Community Development Director/Deputy Township Manager Herrman said he will have itlooked into.

Joan Osborne, 28 Bronia Street. Ms. Osborne spoke about the SED Special Economic

Development Zone. She is particularly concerned about the proposed Monmouth CommerceCenter and the increased traffic and other changes it will bring to the area. Ms. Osborne statedthat the governing body has expressed that they are against over development in Howell andhopes they are considering changing or reining in the very wide ranging uses allowed in SEDzones. She added that the Monmouth Commerce Center area is an environmentally sensitivearea. Councilman Bonevich stated that the governing body is very aware of the CommerceCenter and are looking at SED zones.

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

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

Gluck Walrath is handling. Ms. Smilek stated that the County has done solar on a superfund siteoff Lakewood Farmingdale Road and asked what percentage Howell will be getting. TownshipManager Geoghegan stated that it will be a varying amount; it will be covering our costs andonce we are made whole with all of our expenses and the County is made whole with theirs, 25percent will go to Howell and 75 percent will go to the County. Ms. Smilek asked if we are stillpaying $ 100,000. Manager Geoghegan stated that it has decreased overtime to about $60,000-

70,000 now. Ms. Smilek asked how much longer we will have to pay that and ManagerGeoghegan stated forever, to the Ocean County Utilities Authority. Ms. Smilek asked if it iscorrect that the master plan stormwater management was last updated in 2007. Mr. Herrmanexplained that they do a stormwater report and permit every year as required by the Departmentof Environmental Protection. Ms. Smilek said she would like it to be looked at and updated withall the new building taking place.

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

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

Dawn Van Brunt, 21 East Shenendoah Road. Ms. Van Brunt stated she is the Founder of HOPE,Howell for Open Land and Preservation of the Environment. Ms. Van Brunt stated she is veryconcerned about overdevelopment in town, particularly Monmouth Commerce Center. But thisevening she wished to bring attention to the Haystack Glen major subdivision on Route 547.This land is currently heavily forested and covered with wetlands and there are also many rarespecies on the property. Ms. Van Brunt stated she is also concerned about the waterway,Haystack Brook, which runs through this project and Monmouth Commerce Center. Ms. VanBrunt reiterated that the municipal stormwater management plan has not been updated since2007 and suggests a current study as part of the new master plan.Close Hearing ofCitizens

9. ConsentAgenda

Council reviewed and discussed the Consent Agenda. Councilman Bonevich made a motion toapprove Consent Agenda Items 9A.1 through 9A.33 and Motions 913. 1 through 913. 4, secondedby Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, CouncilwomanRichmond, Councilman Russo, Deputy Mayor O' Donnell, Mayor Berger.

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

Resolutions

R- 19- 362 9A. 1 Authorize submission of 2021 D.E.D.R. Grant Application, MonmouthCounty Board of Alcohol & Drug Abuse Services, DEDR $40, 712. 00; CashMatch $ 10, 178.00; In-Kind $30,534.00

R- 19- 363 9A.2 Authorize the Execution of a Land Use Developer' s Agreement, HaystackGlen Major Subdivision, Planning Board Case SD- 2847 A-2

R- 19- 364 9A.3 Authorize Release of Performance Guarantee and Acceptance of MaintenanceGuarantee, Aldi, Inc., Aldi, Block 73 Lots 23. 01, 24 and 25 ( new lot 24.01),Route 9 South and Lanes Mill Road, Case No. SP- 1015A

R- 19- 365 9A.4 Authorize Release of Performance Guarantee and Waiver of MaintenanceGuarantee, Quality Plaza, LLC, Quality Plaza, Block 25, Lot 19, US Highway9, Case No. SP- 996— Sanitary Sewer Improvements

R- 19- 366 9A.5 Authorize Return of Engineering Review Escrow Funds, VerizonWireless/ Hiering, Dupignac, Stanzione, Dunn & Beck, 88 Ramtown-Greenville Road, Block 3, Lot 18. 01, $ 437.52

R- 19-367 9A.6 Authorize Return of Engineering Review Escrow Funds, VerizonWireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 1288 Route 33, Block185, Lot 15, $ 437. 52

R- 19-368 9A.7 Authorize Return of Engineering Review Escrow Funds, VerizonWireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 1 Central Avenue,Block 49, Lot 49, $ 437. 52

R- 19- 369 9A.8 Authorize Return of Engineering Review Escrow Funds, VerizonWireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 137 Allaire Road,Block 47. 01, Lot 1, $ 437.52

R- 19- 370 9A.9 Authorize Return of Engineering Review Escrow Funds, VerizonWireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 4611 Route 9 NorthSouthard Fire Co.), Block 35. 83, Lot 37, $ 395. 88

R- 19- 371 9A.10 Authorize Release of Performance Guarantee and Waiver of MaintenanceGuarantee, Wampole-Miller, Inc. d/ b/ a Miller Bros., Brickyard, LLC — SolarPanel Field, Block 224 Lots 10, 17, 17. 01 and 17. 02, Belmar Boulevard andBirdsall Road, Case No. SP-957

R- 19- 372 9A. 11 Authorize Return of Unused Sewer Review, Water Review, and InspectionEscrow Funds, Tipmich, LLC/Roof Maintenance Systems, Block 183, Lot24.01 ( old lots 24 and 25), Route 33 and Cedar Lane, Various Amounts, CaseNo. BA- 13- 07

R- 19- 373 9A. 12 Authorize Return of Engineering Inspection Escrow Funds, Interstate OutdoorAdvertising, LP, Billboard, Route 9 South ( South of Lanes Mill Road), Block73, Lot 21. 02, $ 13. 01, Case No. SP- 972

R- 19- 374 9A. 13 Authorize Return of Engineering Inspection Escrow Funds, BFW/ HowellAssociates, LLC, Sanitary Sewer Connection, Block 28, Lot 66. 01, HowellCommons— Route 9 North, $422.27, Case No. SP- 788S

R- 19- 375 9A.14 Authorize Return of Engineering Inspection Escrow Funds, BFW/HowellAssociates, LLC, Howell Commons Expansion, Block 28, Lot 66. 01, Route 9North and Locust Avenue, $806.22, Case No. SP- 935 A2

TOWNSHIP OF HOWELL NOVEMBER 12, 2019TOWNSHIP COUNCIL REGULAR MEETING PAGE 6

R- 19- 376 9A. 15 Authorize Transfers, 2019 Municipal Budget AppropriationsR- 19- 377 9A. 16 Authorize Cancellation of Capital Improvement Appropriation BalancesR- 19- 378 9A. 17 Authorize Release of Maintenance Guarantee, Saveria Builders, LLC, Pine

Hill III — Sanitary Sewer, Block 59, Lots 3 and 3. 01 ( new lots 3. 02- 3. 18),Saveria Court off Aldrich Road, $ 10, 876.46, Case No. SD- 2817 — SanitarySewer Improvements

R- 19- 379 9A.18 Authorize Return of Unused Zoning Board Escrow Funds, 1016 Realty LLC,Block 177 Lots 29 and 30, 1016 Route 33 ( south side of Route 33 betweenYellow Brook Road and Fairfield Road), $ 368. 17, Case No. BA06- 21

R- 19-380 9A.19 Authorize Return of Unused Planning Board Escrow Funds, John Davies,State Route 33, Block 177, Lot 30, ( south side of Route 33 betweenYellowbrook and Fairfield Roads), $ 133. 39, Case No. SD- 2668

R- 19- 381 9A.20 Authorize Return of Unused Planning Board Escrow Funds, Landmark PlazaManagement LLC, Block 73, Lots 23. 01, 24 and 25, 5010- 5024 US Highway9 South ( intersection of Route 9 and Lanes Mill Road), $ 31. 31, Case No. SP-1015 and SP- 1015A

R- 19- 382 9A.21 Authorize Return of Unused Water and Sanitary Sewer Review EscrowFunds, Landmark Plaza Management, Aldi, Block 73, Lot 24.01, Route 9South and Lanes Mill Road, Various Amounts, Case No. SP- 1015

R- 19- 383 9A.22 Authorize Return of Unused Sanitary Sewer Review Escrow Funds,Landmark Plaza Management, Sanitary Sewer, Block 73, Lot 24, Route 9South and Lanes Mill Road, $25. 00, Case No. APP-01- 228

R- 19- 384 9A.23 Authorize Acceptance of Performance Guarantee, Boulder Ridge II (Regencyat Allaire), Block 183, Lots 109. 01, 109. 02, 110- 12, State Highway 33, CaseNo. SD-2930A2/ SP- 914A

R- 19-385 9A.24 Authorize Refund of Overpaid Taxes, $ 356.03R- 19- 386 9A.25 Authorize the Execution of a Land Use Developer' s Agreement, Toll Bros.,

Inc., Block 183, Lots 109. 01, 109.02, 110, 111, and 112, Boulder Ridge atHowell, to be Known as Regency at Allaire

R- 19- 387 9A.26 Authorize Additional Not-To- Exceed Limitation to Gluck Walrath LLP withregard to duties as Special Counsel, in the amount of$ 14, 000. 00

R- 19- 388 9A.27 Authorize Award of Contract, Emergency Roadway Reconstruction on FordRoad, Moderno Construction, Inc., $65,404.55

R- 19- 389 9A.28 Authorize Change Order No. 1 to the 2018 Pavement Patch Program, L&LPaving Company, Inc., Contract# 18- 11, $ 119,750. 00

R- 19- 390 9A.29 Authorize Change Order No. 1 to the 2017-2018 Curb & Apron Program,

Precise Construction Inc., Contract# 17- 08, $ 156, 000.00R- 19- 391 9A.30 Authorize Use of Educational Services Commission of NJ to Purchase

Inspection and DPW Vehicles, Beyer Ford, Not to Exceed $ 125, 000R- 19-392 9A.31 Resolution in Support of the Howell Township Green Team and

Environmental Commission' s Initiative to Expand Joint Activities With theTownship' s Schools

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

R- 19-393 9A.32 Authorize Award of NJ State Contract ITS58, Contract # 89851, SHIInternational Corp., Server System Upgrade, $ 132, 993. 00

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

Motions

9B. 1 2020 Renewal of Mobile Home Park License, Angle In Mobile Home Park,1235 Highway 33

9B.2 2020 Renewal of Mobile Home Park License, Oak Hill Mobile Home Park,West Farms Road

913. 3 2020 Renewal of Mobile Home Park License, Winding Brook Mobile HomePark, 1081 Lakewood Farmingdale Road

9B.4 2020 Renewal of Mobile Home Park License, Green Acres Manor, 1 SnyderRoad

10. Public Hearing on Ordinances10.1 0-19-48 2019 Salary Ordinance, ChiefofPoliceMayor Berger read Ordinance Adoption Statement. Ordinance No. 0-19- 48 introduced andpassed on first reading on 10/ 22/ 19 and published, according to law, is now being taken up forfurther consideration and public hearing. Affidavit of publication of this ordinance in the AsburyPark Press on 10/ 25/ 19 is submitted and it is noted that a copy of the ordinance has been postedon the bulletin board in the municipal building and that copies were available to the generalpublic upon request.

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

Public Hearing on Ordinance 0-19-48Jen Coombs, address not provided. Ms. Coombs inquired about the need for the Police Chiefscontract to be updated and amended. Township Manager Geoghegan responded that this salaryordinance has to be in place following the recent contract that was negotiated and settled with theChief of Police in order to pay him the dollar amount that was agreed upon. Ms. Coombs askedwhat the contract entails. Manager Geoghegan responded that it covers the benefits the Chiefreceives such as time off and compensation. The Chief of Police is not part of any of thecollective bargaining units so his contract is done separately.

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

Councilwoman Richmond made a motion to adopt Ordinance 0-19- 48 and that notice of itspassage and adoption be published in the 11/ 15/ 19 issue of the Asbury Park Press, seconded byCouncilman Bonevich. Deputy Mayor O' Donnell stated that she had been asked by a resident ifthis contract includes health benefits. Manager Geoghegan responded that Chief Kudrick doesnot take Township health benefits and he does receive a waiver. Roll Call: Ayes: CouncilmanBonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O' Donnell, MayorBerger.

10.2 0-19-49 2020 Salary Ordinance, Non- Union PositionsMayor Berger read Ordinance Adoption Statement. Ordinance No. 0-19-49 introduced andpassed on first reading on 10/ 22/ 19 and published, according to law, is now being taken up forfurther consideration and public hearing. Affidavit of publication of this ordinance in the AsburyPark Press on 10/ 25/ 19 is submitted and it is noted that a copy of the ordinance has been postedon the bulletin board in the municipal building and that copies were available to the generalpublic upon request.

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

Public Hearing on Ordinance 0-19-49No public comment.

Councilman Bonevich made a motion to adopt Ordinance 0- 19- 49 and that notice of its passageand adoption be published in the 11/ 15/ 19 issue of the Asbury Park Press, seconded byCouncilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond,Councilman Russo, Deputy Mayor O' Donnell, Mayor Berger.

Township Manager Geoghegan announced that Affordable Housing Counsel Andrew Bayer ispresent this evening to address the next several affordable housing ordinances. Attorney Bayerspoke in reference to ordinances 0-19- 50 through 0-19-54. They are a group of ordinances thatimplement a court-approved settlement agreement that the Council approved in 2018. Back in2015, the Township, in accordance with a Supreme Court decision, filed a declaratory judgmentcomplaint in the Superior Court asking for immunity from builders' remedy litigation andrequesting that the court establish the Township' s third-round affordable housing obligation forthe period 1999- 2025. The Council in 2018 approved a settlement agreement with Fair Sharethat provides the Township' s third- round affordable housing obligation for that 25 year period is895 units. The settlement agreement also provides the mechanisms by which the Townshipsatisfies the obligation. The public should know that Council and professionals representing theTownship took advantage of all tools in the regulations that allow to minimize the impact of thesettlement on residential development. For instance, of the 895 units, we were able to take 224bonus credits, meaning there is no housing associated with those bonus credits. Because we hadrental projects in the plan we received a 224 unit credit reduction that reduced the obligation to

TOWNSHIP OF HOWELL NOVEMBER 12, 2019TOWNSHIP COUNCIL REGULAR MEETING PAGE 9

671 units. Also, Fair Share Housing Center' s expert opined that the Township' s obligation wasover 1, 100 units so this settlement resulted in roughly 250-300 unit reduction off Fair Share' sexpert' s estimate. The Settlement was approved in November 2018; in April 2019, there was afairness hearing before Judge Perri in Monmouth County. She heard testimony from theTownship Planner on this matter and ultimately Judge Perri approved the settlement agreementwith Fair Share. That court order approving the settlement agreement requires the Township toimplement the affordable housing plan within 120 days of the Court Order approving theSettlement. We have successfully obtained a couple of extensions from the Court since the Aprilapprova and now there is a final compliance hearing scheduled for December 23, 2019. What

you have before you tonight are five ordinances— three zoning ordinances and two housekeepingaffordable housing ordinances. The first two, 10.3 and 10.4, are ordinances just cleaning up theTownship code; the first one puts the state' s affordable housing regulations as they currently areconstituted into the code and the second one updates the Township' s development fee ordinancewhich has been in place for 20 years, and basically provides for a fee on new housing or newcommercial approvals as required by state law. The next three rezoning ordinances, 10.5, 10. 6,and 10.7 are the rezoning of three sites which allowing the Township to meet its Third Roundaffordable housing obligations. The first one is FP Howell and when this settlement wasnegotiated under COAH' s regulations, the standard set- aside — meaning the percentage of unitsthat are set aside for affordable housing— is typically under the regulations 15 percent for rentalprojects and 20 percent for sale projects. What we negotiated to limit the impact of developmenthere in Howell is a 30 percent set- aside, meaning two of the three projects are inclusionaryprojects, and we are able to extract from developers twice what the state regulations provide forin terms of the set aside. This negotiation resulting in a thirty percent set aside was done with anumber of governing body members as well as the professionals. With that in mind, theinclusionary zoning sites, the FP Howell site has 227 market rate units and 92 affordable unitsthat are for sale. The Tyrpak site has 320 market rate units and 138 affordable housing units andthe Zaback site has 252 market rate units and 108 affordable housing units. The Township hasbeen ordered by the court to adopt these ordinances. If the Township does not adopt theseordinances there will be a motion filed by Fair Share Housing Center to enforce the settlementagreement and, more importantly, to strip the Township of immunity from builders' remedy.What that means is that if that happens, these 30 percent set- asides that have been negotiated areat risk because the developers are going to come back and say the Township has no immunityand will sue the Township to try to get double the market rate units as compared to the affordableunits that were negotiated. Also, the Township' s affordable housing obligation, the settlementamount of the 895 is at risk because Fair Share is going to say their expert estimated 1, 100 units.This has been a long road. The ordinances before you are implementing what has beenpreviously agreed to by previous councils, and the adoption of these ordinances is now courtordered. Attorney Bayer welcomed questions from the governing body.

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

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

Public Hearing on Ordinances 0-19- 50 through 0-19- 54

Tina Smilek, 33 Charles Street. Ms. Smilek asked if this goes on the master plan. AttorneyBayer responded that it does; the Planning Board amended the master plan in August- Septemberof this year which was another requirement of the court order approving the settlementagreement. Ms. Smilek asked why it was pulled last time. Attorney Bayer stated there wereissues after introduction of the ordinances. The Court Special Master had some comments on theordinance and the legal team here was concerned that the changes were substantive and thereforerequired starting over so as not to be subject to litigation on the procedural issue of whether ornot the change was substantive.

Close Public Hearing on Ordinances 0-19-50 through 0-19-54

10.3 0-19- 50 Amend Chapter 8 entitled " Affordable Housing" Repealing and ReplacingArticle I entitled " Affordable Housing Management Services" and Article H entitledMunicipal Housing Liaison" and creating a new article entitled " Affordable Housing

Regulations"

Mayor Berger read Ordinance Adoption Statement. Ordinance No. 0-19- 50 introduced andpassed on first reading on 10/ 22/ 19 and published, according to law, is now being taken up forfurther consideration and public hearing. Affidavit of publication of this ordinance in the AsburyPark Press on 10/ 25/ 19 is submitted and it is noted that a copy of the ordinance has been postedon the bulletin board in the municipal building and that copies were available to the generalpublic upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE AMENDINGCHAPTER 8 OF THE TOWNSHIP CODE ENTITLED " AFFORDABLE HOUSING"REPEALING AND REPLACING ARTICLE I ENTITLED " AFFORDABLE HOUSINGMANAGEMENT SERVICES" AND ARTICLE Il ENTITLED " MUNICPAL HOUISNGLIAISON" AND CREATING A NEW ARTICLE ENTITLED " AFFORDABLEHOUSING REGULATIONS"

Public Hearing on Ordinance 0-19-50No public comment.

Councilman Bonevich made a motion to adopt Ordinance 0-19- 50 and that notice of its passageand adoption be published in the 11/ 15/ 19 issue of the Asbury Park Press, seconded byCouncilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond,Councilman Russo, Deputy Mayor O' Donnell, Mayor Berger.

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

10.4 0-19- 51 Amend Article UU entitled " Mandatory Development Fees" DeletingSection 188-179 through 188-186.1 and Replacing it with a New Section 188-179 EntitledDevelopment Fees"

Mayor Berger read Ordinance Adoption Statement. Ordinance No. 0- 19- 51 introduced andpassed on first reading on 10/22/ 19 and published, according to law, is now being taken up forfurther consideration and public hearing. Affidavit of publication of this ordinance in the AsburyPark Press on 10/ 25/ 19 is submitted and it is noted that a copy of the ordinance has been postedon the bulletin board in the municipal building and that copies were available to the generalpublic upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE AMENDINGARTICLE XXI ENTITLED " MANDATORY DEVELOPMENT FEES" DELETINGSECTION 188- 179 THROUGH 188- 186. 1 AND REPLACING IT WITH A NEWSECTION 188- 179 ENTITLED " DEVELOPMENT FEES"

Public Hearing on Ordinance 0-19- 51No public comment.

Councilwoman Richmond made a motion to adopt Ordinance 0-19- 51 and that notice of itspassage and adoption be published in the 11/ 15/ 19 issue of the Asbury Park Press, seconded byCouncilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond,Councilman Russo, Deputy Mayor O' Donnell, Mayor Berger.

10.5 0-19-52 Amend Article X entitled " Zones" creating anew Section 188-84.2 entitledModerate and Low-Income Housing Zone Twelve (12)" to be known as ML-12

Mayor Berger read Ordinance Adoption Statement. Ordinance No. 0- 19- 52 introduced andpassed on first reading on 10/ 22/ 19 and published, according to law, is now being taken up forfurther consideration and public hearing. Affidavit of publication of this ordinance in the AsburyPark Press on 10/ 25/ 19 is submitted and it is noted that a copy of the ordinance has been postedon the bulletin board in the municipal building and that copies were available to the generalpublic upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE AMENDINGARTICLE X THE TOWNSHIP CODE ENTITLED " ZONES" CREATING A NEWSECTION 188- 84.2 ENTITLED " MODERATE AND LOW-INCOME HOUSING ZONETWELVE (12)" TO BE KNOWN AS ML-12

Public Hearing on Ordinance 0-19-52No public comment.

Councilman Bonevich made a motion to adopt Ordinance 0- 19- 52 and that notice of its passageand adoption be published in the 11/ 15/ 19 issue of the Asbury Park Press, seconded byCouncilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond,Councilman Russo, Deputy Mayor O' Donnell, Mayor Berger.

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

10.6 0-19- 53 Amend Article X entitled " Zones" creating anew Section 188- 84.3 entitledModerate and Low-Income Housing Zone Thirteen ( 13)" to be known as ML-13

Mayor Berger read Ordinance Adoption Statement. Ordinance No. 0-19- 53 introduced andpassed on first reading on 10/ 22/ 19 and published, according to law, is now being taken up forfurther consideration and public hearing. Affidavit of publication of this ordinance in the AsburyPark Press on 10/25/ 19 is submitted and it is noted that a copy of the ordinance has been postedon the bulletin board in the municipal building and that copies were available to the generalpublic upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE AMENDINGARTICLE X THE TOWNSHIP CODE ENTITLED " ZONES" CREATING A NEWSECTION 188- 84.3 ENTITLED " MODERATE AND LOW-INCOME HOUSING ZONETHIRTEEN (13)" TO BE KNOWN AS ML-13

Public Hearing on Ordinance 0-19- 53No public comment.

Councilwoman Richmond made a motion to adopt Ordinance 0-19- 53 and that notice of itspassage and adoption be published in the 11/ 15/ 19 issue of the Asbury Park Press, seconded byDeputy Mayor O' Donnell. Roll Call: Ayes: Councilwoman Richmond, Councilman Russo,Deputy Mayor O' Donnell. Nays: Councilman Bonevich, Mayor Berger.

10. 7 0-19-54 Amend Article X entitled " Zones" creating anew Section 188-84.4 entitledModerate And Low-Income Housing Zone Fourteen (14)" to be known as ML-14

Mayor Berger read Ordinance Adoption Statement. Ordinance No. 0- 19- 54 introduced andpassed on first reading on 10/ 22/ 19 and published, according to law, is now being taken up forfurther consideration and public hearing. Affidavit of publication of this ordinance in the AsburyPark Press on 10/ 25/ 19 is submitted and it is noted that a copy of the ordinance has been postedon the bulletin board in the municipal building and that copies were available to the generalpublic upon request.

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

Public Hearing on Ordinance 0-19- 54No public comment.

Councilwoman Richmond made a motion to adopt Ordinance 0- 19- 54 and that notice of itspassage and adoption be published in the 11/ 15/ 19 issue of the Asbury Park Press, seconded byDeputy Mayor O' Donnell. Roll Call: Ayes: Councilwoman Richmond, Councilman Russo,Deputy Mayor O' Donnell. Nays: Councilman Bonevich, Mayor Berger.

TOWNSHIP OF HOWELL NOVEMBER 12, 2019TOWNSHIP COUNCIL REGULAR MEETING PAGE 13

10.8 0-19-55 Amend Chapter 7-11 entitled " Speed Limits" and Schedule XVI in order toestablish a reduced rate ofspeed

Mayor Berger read Ordinance Adoption Statement. Ordinance No. 0-19- 54 introduced andpassed on first reading on 10/ 22/ 19 and published, according to law, is now being taken up forfurther consideration and public hearing. Affidavit of publication of this ordinance in the AsburyPark Press on 10/25/ 19 is submitted and it is noted that a copy of the ordinance has been postedon the bulletin board in the municipal building and that copies were available to the generalpublic upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE OF THE

TOWNSHIP OF HOWELL, MONMOUTH COUNTY, NEW JERSEY AMENDINGCHAPTER 7- 11 ENTITLED " SPEED LIMITS" AND SCHEDULE XVI IN ORDER TOESTABLISH A REDUCED RATE OF SPEED

Public Hearing on Ordinance 0-19- 55Jen Coombs. Ms. Coombs questioned why there is a need to change the speed limit on FrederickAvenue. Community Development Director/Deputy Township Manager Herrman responded that therehave been excessive speeding complaints from residents of that neighborhood. The speed limit iscurrently 35 MPH and is being reduced to 25 MPH.

Deputy Mayor O' Donnell made a motion to adopt Ordinance 0-19- 55 and that notice of itspassage and adoption be published in the 11/ 15/ 19 issue of the Asbury Park Press, seconded byCouncilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond,Councilman Russo, Deputy Mayor O' Donnell, Mayor Berger.

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

TOWNSHIP OF HOWELL NOVEMBER 12, 2019TOWNSHIP COUNCIL REGULAR MEETING PAGE 14

if there is a legitimate, reasonable way to challenge Round 4. Attorney Clark stated he does notthink anyone in this town likes having a judge in Freehold force numbers on us and tell us howwe have to zone. Councilman Russo stated that we should propose a reasonable compromise forRound 4. Councilman Bonevich stated we all know how I feel about this, that is why I am uphere. I would like to see in next year' s budget money allocated toward our attorneys and weneed to look at this Township as a whole, look at Freewood Acres as compared to a milliondollar home. You have to count these units as affordable. Attorney Bayer stated he andAttorney Clark have been discussing strategies for next year. He added that the idea that youcannot get an affordable housing credit because a house was built before 1980 or because there isno deed restriction but it is de facto affordable is crazy. Attorney Clark stated that be will workwith Attorney Bayer, they are both litigators for decades, and they will put together a plan thatwill be workable in light of the budget and in light of the potential need for experts. CouncilmanRusso asked that this be made a priority. Attorney Bayer stated that it is a war about ideologyand that Fair Share has an objective which is to build as much housing as can be built across thestate in suburbia. He added that we have ideas and we have to come up with a strategy toimplement them.

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

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

13. Information

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

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

14. Meeting Dates

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

15. Adjournment

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

Respectfully,

r

Allison Ciranni

Acting Township ClerkTownship of Howell

Executive Session Minutes for Public Release

TOWNSHIP COUNCIL REGULAR MEETING NOVEMBER 12, 2019EXECUTIVE SESSION PAGE 1

6: 30 PM

Present: Mayor Theresa Berger, Deputy Mayor Evelyn O' Donnell, Councilman John Bonevich,Councilwoman Pamela Richmond, Councilman Thomas Russo. Also present: TownshipManager Brian Geoghegan, Deputy Township Manager/Community Development Director JimHerrman, Township Attorney Joseph Clark, Acting Township Clerk Allison Ciranni.

Contract Ne otiations—

Action To Be Taken. No action required by the governing body this evening.

Contract Negotiations—

Action To Be Taken. No action required by the governing body this evening.

Contract Negotiations—

Action To Be Taken. No action required by the governing body this evening.

Potential Litigation —

I fto W--Action To Be Taken. No action required by the governing body this evening.

Motion to adjourn, moved by Councilwoman Richmond, seconded by Councilman Russo. Allaye. Meeting adjourned at 7: 30 P. M.

Allison Ciranni

Acting Township ClerkTownship of Howell