MAYOR AND COUNCIL MEETING    BARNEGAT LIGHT  JANUARY 17, 2007

 

THE CAUCUS MEETING of the Mayor and Council was called to order by    Mayor Larson at 7:30pm at the Borough Hall, on West 10th Street. He stated that adequate notice of this meeting has been provided in accordance with the New Jersey Open Public Meetings Act by posting a copy of the notice of this meeting on the bulletin board in the Borough Hall on January 2, 2007 and by mailing a copy of the notice to the Beach Haven Times and Asbury Park Press, newspapers designated by Mayor and Council on January 2, 2007, to receive such notice, and by filing a copy of the notice with the Borough Clerk on January 2, 2007.

 

ROLL CALL:    MORRISON, MIKULETZKY, REYNOLDS, WARR

           ABSENT:  SPARK, HOWARD

 ALSO PRESENT: MAYOR LARSON, TERRY F. BRADY, BOROUGH ATTORNEY,  AND NANCY A. MANOOKIAN, DEPUTY MUNICIPAL CLERK

 

The Mayor spoke about beach front maintenance. Mr. Morrison mentioned the angled easement between 22nd and 25th Street in Surf City.  Barnegat Light is being left in jeopardy.  The Mayor said projects should be for the good of the people not good for just a few people.  He asked if the council wants to sponsor a lobbyist.  Mrs. Reynolds asked what the purpose of a lobbyist would be for Barnegat Light. The mayor asked if we want to hold this check.  It’s a verbal agreement anyway.  Borough Attorney, Terry Brady said to hold the check.  It was mentioned that when the dredge leaves it is going to Long Island for a year.  Look how long it took after Katrina to get back to normal.  In 1962 after the storm, we didn’t need to get permits.

 

Mr. Morrison, for Mr. Howard, mentioned that there was a Public Works meeting yesterday.  Bathroom repairs and repairs to windows at the Lifeguard house could be made now when time might be available for public works.  This would be if the funds are available.

 

The Mayor said that several boat slip payments came in late.  Nancy Manookian, Deputy Clerk explained the present process.  The committee will meet and discuss the possibility of proposing a 15 day grace period with penalties. On a motion by Dottie, seconded by Mikuletzky and carried by all, there was a 5 minute break before the regular meeting.           

      e is disgusted with the whole thing.  Mr. Morrison mentione angled easementsM

       

THE MEETING of the Mayor and Council was called to order by Mayor Kirk Larson, at 8:00am at the Borough Hall, on West 10th Street. The Mayor stated that adequate notice of this meeting has been provided in accordance with the New Jersey Open Public Meetings Act by transmitting notice of same to the Beach Haven Times and the Atlantic City Press on January 2, 2007 and by posting a copy of the notice of this meeting on the bulletin board in the Borough Hall on January 2, 2007 Said news papers were designated by Mayor and Council on January 2, 2007, to receive such notice, and by filing a copy of the notice with the Borough Clerk on January 2, 2007.

 

 

PLEDGE OF ALLEGIANCE

 

THE DEPUTY CLERK stated that the minutes of this meeting are being officially recorded and such tape will be on file in the office of the Borough Clerk and be made a part of these written minutes.

 

ROLL CALL: MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

           ABSENT:  SPARK, HOWARD

           ALSO PRESENT: MAYOR LARSON, TERRY BRADY AND NANCY A.

                 MANOOKIAN                              

 

THE MAYOR asked for a motion to approve the minutes of the Meeting of December 20, 2007.  On a motion by Mr. Morrison, seconded by Mrs. Reynolds, the minutes were approved.

MOTION:  Morrison

SECOND:  Reynolds

VOTE:  AYES:  MORRISON, MIKULETZKY, REYNOLDS, WARR

       NAYS:  NONE       ABSTAIN: NONE     ABSENT: SPARK, HOWARD 

 

THE MAYOR asked for a motion to approve the minutes of the Organization Meeting of January 2, 2007.  On a motion by Mr. Mikuletzky, seconded by Mr. Morrison the minutes were approved.

MOTION:  MIKULETZKY

SECOND:  MORRISON

VOTE:  AYES:  MORRISON, MIKULETZKY

       NAYS:  NONE

       ABSENT:  SPARK, HOWARD     ABSTAIN: REYNOLDS, WARR

 

TREASURER’S REPORT:  On a motion by Warr, seconded by Reynolds and carried by all the report was approved.

MOTION:  REYNOLDS

SECOND:  MIKULETZKY

VOTE: AYES: MORRISON, MIKULETZKY, REYNOLDS, WARR

      NAYS: NONE      ABSENT:  SPARK, HOWARD    ABSTAIN: NONE

 

BUILDING AND ZONING REPORTS FOR DECEMBER:  The Mayor asked for a motion to approve the reports.  Warr so moved, seconded by Reynolds and carried by all.

MOTION:  WARR

SECOND:  REYNOLDS

VOTE:  AYES:  MORRISON, MIKULETZKY, REYNOLDS, WARR

       NAYS:  NONE   ABSENT:  SPARK, HOWARD    ABSTAIN:  NONE

 

COMMITTEE REPORTS:

 

PUBLIC SAFETY:  COUNCILMAN MORRISON reported that he reviewed the police contract and it is just what we want.  He asked that the Court report for December be made a part of the minutes.  And also, for Mr. Howard he asked that the Public Work’s report be made a par of the minutes.   

 

DOCKS AND HARBORS: COUNCILMAN MIKULETZKY reported that we are looking for someone to volunteer to head the clam’s project.  This would be the same as last year.  We need someone to be in charge and volunteers.  Spring is when we’ll find out the survival rate for the clams.  Maybe this could be scouts but doesn’t have to be.  Even Washburn did a good job and is a worthwhile project.  This is something to think about for the spring.  He spoke of the boat slips and possible renewal changes with a grace period with penalties when renewing.  The committee will discuss this.

  

BEACHES AND PARKS:  COUNCILWOMAN REYNOLDS said it’s nice to see a lot of people on the beach and people and dogs in the dog park.

 

FINANCE:  COUNCILMAN WARR mentioned that the committee met with TC and that the Government hasn’t informed the municipalities of what funding they’ll receive.  We’re working with last year’s figures.

 

PUBLIC WORKS:  COUNCILMAN HOWARD was absent

 

WATER/SEWER: COUNCILMAN SPARK was absent.  Mayor Larson asked that the water/sewer report be made a part of the minutes.

 

The Mayor mentioned Christmas light ornaments and that now is the time to purchase them.  You get 2 or 3 for the price of one.  These will be funded by donations.

 

0PEN PUBLIC SESSION:  On a motion by Reynolds, seconded by Morrison and carried by all, the public session was opened. Tom Stiles said he spoke to Harvey Cedars about Christmas decorations for telephone poles.  If you purchase now you can get three for the cost of two.  We might need approximately fourteen.  This will be funded by donations.  He will see Gail. Also, Mr. Stiles, being a member of the recreation committee, said they feel we need a new type of Borough sign entering town.  Maybe something oval and carved.  The Mayor said he feels the recycling sign helps but could be moved.  The suggestion was made that possibly the Tax Payer’s Association could purchase the sign.  Everyone agrees that Tom Stiles could be in charge of this.

 

Gene Sharpless asked if the boat slip fees could be set earlier in the year, maybe September.  Also, he feels that pressure should be applied to maintain beaches.  A nice job was done in Surf City, maybe that approach could be used.  The Mayor replied that some properties there were bulkheaded. On a motion by Morrison, seconded by Warr and carried by all the meeting was once again closed.  

 

ORDINANCES: ORDINANCE 2007-001

 

ORDINANCE OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS

AND TO ESTABLISH A CAP BANK

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

 

     WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

 

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

 

     WHEREAS, the Mayor and Council of the Borough of Barnegat Light in the County of Ocean finds it advisable and necessary to increase its CY 2007 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

 

     WHEREAS, the Mayor and Council hereby determines that a 1% increase in the budget for said year, amounting to $16,223.49 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

 

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

 

     NOW  THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Barnegat Light, in the County of Ocean, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2007 budget year, the final appropriations of the Borough of Barnegat Light shall, in accordance with this ordinance and N.J.S.A. 40a:4-45.14, be increased by 1%, amounting to $16,223.49 and that the CY 2007 municipal budget for the Borough of Barnegat Light be approved and adopted in accordance with this ordinance; and,

 

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

 

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

 

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

 

NOTICE

 

          NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed on first reading at a regular meeting of the Borough Council of the Borough of Barnegat Light in the County of Ocean, State of New Jersey, on the 17th day of January , 2007, and will be considered for final passage at a regular meeting of said governing body to be held at the Municipal Building, 10 West 10th Street, Barnegat Light, New Jersey, on the 21st day of February, 2007, at 8:00 p.m., at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

                             ________________________________

                        NANCY A. MANOOKIAN, Deputy Borough Clerk

 

 

Passage on First Reading:    Date: January 17, 2007  Moved:  Warr     Seconded: Mikuletzky 

VOTE: 

Spark:  Absent,  Morrison:  Aye,  Mikuletzky:  Aye  Reynolds:  Aye  Howard:  Absent 

                              Warr  Aye

Attest:

________________________________

NANCY A. MANOOKIAN, Deputy Borough Clerk

                                     

RESOLUTIONS:                     

 

RESOLUTION 07-038

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING THE REFUND OF TAX OVERPAYMENT

DUE TO COUNTY TAX BOARD JUDGEMENT

 

     WHEREAS, a tax payment totaling $791.09 was made prior to the County Judgment by property owner La Placa, Virginia Etal, and they have requested a refund

 

     NOW, THEREFORE, BE IT RESOLVED by the Council of Barnegat Light, that the Tax Collector be authorized to refund these overpayments to respective owners per Schedule A attached.

 

DATED:    January 17, 2007

MOTION:   REYNOLDS

SECOND:   MIKULETZKY

VOTE:         AYES:     MORRISON, MIKULETZKY, REYNOLDS, WARR

          NAYS: NONE

          ABSENT: SPARK, WARR               ABSTAIN: NONE

 

 

  

     RESOLUTION 07-039

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AWARDING AN ALCOHOL AND DRUG TESTING SERVICES CONTRACT  TO COMMERCE NATIONAL RISK CONTROL SERVICES, INC.

 

     WHEREAS, there exists a need for CDL random alcohol and drug testing services for the Borough CDL license holders; and

 

     WHEREAS, funds are available for this purpose; and

 

     WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that a resolution authorizing the award of a contract for "Professional Services" without competitive bids must be adopted by the governing body and publicly advertised.

 

     NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Barnegat Light, County of Ocean, State of New Jersey, as follows:

          1.   That the Mayor and Borough Council do hereby award a non-competitive contract for alcohol and drug testing services to for the Borough of Barnegat Light to Commerce National Risk Control Services, Inc.  for the period January 1, 2007 to December 31, 2007.

 

          2.  That Commerce National Risk Control Services, Inc., shall not exceed the appropriations made by the Borough of Barnegat Light to pay for said services.

 

          3.   This appointment is awarded without competitive bidding as a "Professional Service" under the provisions of the Local Public Contracts Law as this contract is for services which are of such a qualitative nature that will not reasonably permit the drawing of specifications or the receipt of bids.

 

4.              Notification of the award of this contract will be published as

 required by law.

DATE:  JANUARY 17, 2007

MOTION:  MORRISON

SECOND:  MIKULETZKY

VOTE: AYES:   MORRISON, MIKULETZKY, REYNOLDS, WARR       

      NAYS:    NONE

      ABSENT:   SPARK, HOWARD          ABSTAIN:     NONE  

 

 

RESOLUTION 07-040

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING THE PAYMENT OF MUNICIPAL BILLS

IN THE AMOUNT OF $517,056.54

 

 

          WHEREAS, the Finance Committee of the Borough of Barnegat Light has examined the vouchers presented for payment,

 

          NOW, THEREFORE, BE IT RESOLVED, that the approved vouchers amounting to $517,056.54 be authorized to be paid upon verification of the Treasurer that there is sufficient money in the appropriated accounts, subject to adequate signatures and funding.

DATED:    January 17, 2007

MOTION:   WARR

SECOND:   MORRISON

VOTE: AYES:   MORRISON, MIKULETZKY, REYNOLDS, WARR

      NAYS:    NONE

      ABSENT: SPARK, HOWARD       ABSTAIN: NONE

 

                      RESOLUTION 07-041

 

                             

       A RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

            COUNTY OF OCEAN, STATE OF NEW JERSEY,

                AUTHORIZING THE EXECUTION OF

     INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF OCEAN

    

     WHEREAS, the County of Ocean has created and established a program to assist municipalities and governmental agencies in the repair and maintenance of municipal streets and property in addition to providing certain materials and supplies in connection therewith; and

 

     WHEREAS, the governing body of the Borough of Barnegat Light has requested the County to provide certain road maintenance and repair services on certain streets of the municipality, not to exceed the sum of $2,500.00; and

 

 

     NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF BARNEGAT LIGHT IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY, as follows:

 

     1.  The Mayor and Clerk of the Borough of Barnegat Light are hereby authorized and directed to enter into and execute an Intergovernmental Agreement with the County of Ocean for the provision of certain road repair and maintenance services an amount not to exceed $2,500.00, as more specifically set forth in that Agreement.  $1,000.00 FOR LEDS Maintenance (Engineering) and $1,500 (Road Department). 

 

     2.  A copy of this Agreement shall be kept on file and be available for public inspection at the Office of the Borough

Clerk.

 

     3.  This Agreement shall take effect upon full execution by the parties and shall remain in full force and effect through December 31, 2007.  Sufficient funds have been appropriated and are available for this purpose in the current municipal budget.

 

     4.  A certified copy of this resolution shall be forwarded to:

     A.  Clerk of the Ocean County Board of Chosen Freeholders

     B.  Ocean County Road Department

     C.  Ocean County Engineering Department   

     D.  Ocean County Department of Finance

DATED:  JANUAY 17, 2007

MOTION: REYNOLDS           

SECOND: MORRISON

VOTE:  AYES: MORRISON, MIKULETZKY, REYNOLDS, WARR

       NAYS: NONE     ABSENT: SPARK, HOWARD      ABSTAIN:  NONE     

                             

RESOLUTION 07-042

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

APPOINTING MEMBERS TO THE PLANNING BOARD.

 

     WHEREAS, NJSA 40:55D-23 provides for the creation of municipal Planning Boards and for the appointment members thereto; and

 

     WHEREAS, Chapter 17 of the General Ordinances of the Borough of Barnegat Light further provides for the establishment of a Planning Board in the Borough of Barnegat Light; and

 

     WHEREAS, the following seats must be filled due to the fact that we have a vacancy for a class IV member and are going to move one alternates up and appoint another alternate.

 

               NOW, THEREFORE, BE IT RESOLVED that the following are hereby appointed:

          Chris Patterson as Alternate #1  (moving up)

          Lacey Brindley as Alternate #2 

 

          James Gutowski as Class IV Member  (moving up)

DATED:  JANUARY 17, 2007

MOTION: REYNOLDS                    

SECOND: MIKULETZKY

VOTE:  AYES: MORRISON, MIKULETZKY, REYNOLDS, WARR 

       NAYS: NONE    ABSENT: SPARK, HOWARD    ABSTAIN: NONE 

 

                      RESOLUTION 07-43

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, REQUESTING APPROVAL OF A DEDICATED TRUST BY RIDER IN ACCORDANCE WITH NJSA 40A:4-39 & NJAC 5:30-15 FOR THE ACCUMULATED ABSENCES COMPENSATION PROGRAM.

 

     WHEREAS, the Borough of Barnegat Light has previously authorized an accumulated absences compensation program for certain employees; and

 

     WHEREAS, the Borough desires to created a dedicated reserve trust account for the various expenses related to the program; and

 

     WHEREAS, NJSA 40A:4-39 permits a municipality to include in is annual budget a Dedication By Rider, subject to the prior written consent of the Director of the State Division of Local Government Services; and

 

WHEREAS, NJAC 5:30-15 permits municipalities to receive amounts for costs incurred for Accumulated Absences; and

 

WHEREAS, NJSA 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider.

 

     NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Barnegat Light, County of Ocean, State of New Jersey, as follows:

 

1.   That the Mayor and Borough Council do hereby request the permission of the Director of the Division of Local Government Services to create a Dedicated Trust by Rider to pay expenditures for Accumulated Absences created in accordance with the provisions of NJAC 5:30-15 as per NJSA 40A:4-39.

 

2.  That this Dedication By Rider is subject to the prior written approval of the Director of the Division of Local Government Services.

 

3.   That two certified copies of this resolution shall be forwarded to the State Division of Local Government Services, the Borough Auditor and the Borough Treasurer.

    

DATED:     JANUARY 17, 2007

MOTION:    REYNOLDS     

SECOND:    MIKULETZKY

VOTE:      AYES:  MORRISON, MIKULETZKY, REYNOLDS, WARR

           NAYS:  NONE

              ABSENT:  SPARK, HOWARD            ABSTAIN:    NONE

 

 

                      RESOLUTION 07-045

 

 

        RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

            COUNTY OF OCEAN, STATE OF NEW JERSEY

          AWARDING CONTRACT FOR ADDITIONAL PLUMBING

 

     WHEREAS, the Borough of Barnegat Light desires to update the plumbing in the Coast Guard Cottage/Borough Hall; and

 

     WHEREAS, the anticipated cost of same is less than   $4,350.00, therefore not requiring the solicitation of three (3) price quotes without advertising for bids pursuant to N.J.S.A. 40A:11-3; and

 

     WHEREAS, Bayshore Plumbing/Heating is the plumber of record for this project; and

 

     WHEREAS, these changes are required to make the building code complaint.

 

     NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that a contract for said plumbing be awarded to Bayshore Plumbing/Heating for $2,800.00.

 

     BE IT FURTHER RESOLVED that a certificate of availability of funds, executed by the Chief Financial Officer is annexed hereto.  The following line item appropriations or ordinances which constitute the availability of funds for this contract:

 

              ORDINANCE 2002-02

 

     BE IT FURTHER RESOLVED that a certified copy of this resolution will be forwarded to the Borough Treasurer.

DATED:  January 17, 2007

MOTION: REYNOLDS                

SECOND: MORRISON  

VOTE:     AYES: MORRISON, MIKULETZKY, REYNOLDS, WARR

      NAYS: NONE  ABSENT:  SPARK, HOWARD    ABSTAIN:  NONE

 

 

CORRESPONDENCE:  A letter from Evan Washburn was read thanking the Council for assistance with his  clam” Eagle Scout project.  A donation and thank you was read from Nancy Miller, of Manchester, NJ for the use of a Beach Wheel chair.  A thank you was read from Margery Geddes of 3 East 28th Street for the dog park.

 

 

 

 

THERE BEING NO FURTHER BUSINESS BEFORE THE COUNCIL, ON A MOTION BY MR. MORRISON THE MEETING WAS ADJOURNED.

 

APPROVED:                                                                                            

               MAYOR                 NANCY A. MANOOKIAN            

                                     DEPUTY MUNICIPAL CLERK