MAYOR AND COUNCIL MEETING    BARNEGAT LIGHT  FEBRUARY 21, 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:    SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

           ABSENT:  NONE

 ALSO PRESENT: MAYOR LARSON, TERRY F. BRADY, BOROUGH ATTORNEY,  AND GAIL J. WETMORE, MUNICIPAL CLERK

 

The Mayor mentioned the Christmas Snowflake Project and the fact that Tom Stiles is heading up the project.  Councilman Spark spoke of the Water Metering that our new water allocation permit requires and wanted input from the rest of the Council regarding same.  Dottie Reynolds mentioned the Barnegat Light Taxpayer’s Association July meeting and how they hope to have a meet and greet after said meeting on the field with hot dogs, soda, etc.  A nice informal way to meet the town government.  Everyone thought is was a good idea.   

      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 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: SPARK,MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

           ABSENT: NONE

           ALSO PRESENT: MAYOR LARSON, TERRY BRADY AND GAIL WETMORE, RMC                           

 

THE MAYOR asked for a motion to approve the minutes of the Meeting of January 17, 2007.  On a motion by Mr. Morrison, seconded by Mr. Howard the minutes were approved.

MOTION:  MORRISON

SECOND:  REYNOLDS

VOTE:  AYES:  SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

       NAYS:  NONE       ABSTAIN: NONE     ABSENT: NONE 

 

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

MOTION:  REYNOLDS

SECOND:  HOWARD

VOTE: AYES: SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

      NAYS: NONE      ABSENT:  NONE    ABSTAIN: NONE

 

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

MOTION:  REYNOLDS

SECOND:  WARR

VOTE:  AYES:  SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

       NAYS:  NONE   ABSENT:  NONE    ABSTAIN:  NONE

 

COMMITTEE REPORTS:

 

 

PUBLIC SAFETY:  COUNCILMAN MORRISON asked that the Court and Police Log a part of the minutes.  Frank Mikuletzky asked why he didn’t report on the end of the year Fire Company Report.  There was no such report  - Frank thought the police report was a fire company report.    

 

DOCKS AND HARBORS: COUNCILMAN MIKULETZKY said there is not much going on with Docks and Harbors right now.  He mentioned we may or may not move the clams to Viking Village.  This would only be if we can not get someone to take over the project.  He is also looking into a no wake zone from High Bar to Viking Village. 

 

BEACHES AND PARKS:  COUNCILWOMAN REYNOLDS said that the LIT Program is already filled and she hopes that Don might have another session.  Gail will contact Don and see what he thinks.

 

FINANCE:  COUNCILMAN WARR updated us on where we stand with the budget.

 

PUBLIC WORKS:  COUNCILMAN HOWARD spoke of the road meeting with Ocean County that he, Art and Frank attended.  The projects we presented for their consideration were the drainage at 5th Street, overlay of Central Avenue and drainage at 10th and Bayview. 

 

WATER/SEWER: COUNCILMAN asked that the monthly report be made a part of the minutes.  We have negotiated a new water contract with Long Beach.  It is a very fair contract.  Michael mentioned that he had already spoken about what to do with the water meters and wanting the council’s blessing.  Reynolds made a motion to go ahead with the water meter plans and Warr seconded same, carried by all.  He mentioned our two awards from the JIF Safety Breakfast.  We got a $200.00 safety award.  Our Loss Control report had no new suggestions for improvements.

 

0PEN PUBLIC SESSION:  On a motion by Reynolds, seconded by Morrison and carried by all, the public session was opened.  Gene Sharpless asked about meters becoming obsolete before the project is completed.  Mike explained that is one of the questions we have.  Dick Malacrea also asked about the life of the current meters that some people have.  The Mayor said we are also deciding whether to put the meters in the house or in the street.  Mike feels they are safer in the street.  Tom Stiles brought up the Christmas Decorations and said the response has been tremendous.  We have 20 people who will donate!  We are getting  the  six foot Presidential Snowflake!  Applause for Tom.  Scott Sharpless spoke more on the BLTPA July meeting.  He said the Alliance for a Living Ocean took rocks out of sand at Taylor Avenue in Beach Haven. (Regarding the Bay Beach) He thought we might be able to do something like that. Senator Connors and all the Island Mayors met on the Beach Replenishment Project.  The Mayor said we fully supports them.  The beaches in Surf City are beautiful.  We have a resolution this evening to go with Winning Strategies. 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)

 

The Clerk read the above by title and number and the mayor announced it is time to consider same for passage on second reading according to law.  Warr so moved, seconded by Reynolds and carried by all to open public hearing.  Being no comments on a motion by Warr, seconded by Morrison and carried by all the public hearing was closed.  Warr moved to adopt, seconded by Spark.

MOTION:  WARR

SECOND:  SPARK

VOTE:  AYES:  SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD AND WARR

       NAYS:  NONE   ABSENT:  NONE    ABSTAIN:  NONE

 

ORDINANCE 07-02

 

AN ORDINANCE OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 167 OF THE BOROUGH CODE, ENTITLED “STORMWATER CONTROL.”

 

The Clerk read the above by title and number and the Mayor said it is time to introduce on first reading and publish according to law.  Mikuletzky so moved, seconded by Morrison and carried by all.

MOTION:  MIKULETZKY

SECOND:  MORRISON

VOTE:  AYES:  SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

               NAYS:  NONE   ABSENT:  NONE  ABSTAIN:  NONE

 

 

                                     

RESOLUTIONS:                     

 

 

RESOLUTION 07-046

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING THE EXECUTION OF A MUTUAL SERVICE

AGREEMENT IN ACCORDANCE WITH N.J.S.A. 40:8A-1, ET. SEQ.

FOR THE PROVISION OF SURF CITY AS THE LEAD AGENCY FOR THE

RETENTION OF PROFESSIONAL TO REVIEW THE

SOUTHERN REGIONAL SCHOOL BUDGET

 

WHEREAS, the Interlocal Services Act N.J.S.A. 40:8A-1 et. seq. authorizes local units as defined in that Act to enter into agreements for provision of certain governmental services; and

 

WHEREAS,  it is deemed to be in the public interest of Barnegat Light to authorize such agreement; and

 

WHEREAS,   the Borough of Barnegat Light wishes to enter into an agreement, with the Borough of Surf City as lead agency, with the Township of Long Beach, the Borough Of Surf City, the Borough of Ship Bottom, the Borough of Harvey Cedars and the Borough of Beach Haven for the retention of Raymond Ciccone, a Certified Public Accountant, to perform a review of the Southern Regional School Budget;

 

NOW, THEREFORE BE IT AGREED by the Borough of Barnegat Light:

1.             The Mayor and Municipal Clerk of the Borough of Barnegat Light shall be and are hereby authorized and directed to enter into and execute an Interlocal Services Agreement in the form herein attached as Exhibit A.

 

2.             This resolution shall take effect immediately upon final adoption in accordance with the attached agreement.

 

3.             A copy of this resolution together with the agreement annexed shall be kept on file and be available for public inspection in the office of the Municipal Clerk located at the Borough of Barnegat Light, 10 West 10th Street, Barnegat Light, New Jersey 08006.

 

DATED: FEBRUARY 21, 2007

MOTION: MORRISON

SECOND: REYNOLDS

VOTE:     AYES:     SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WAR 

     NAYS: NONE

     ABSENT: NONE            ABSTAIN: NONE

 

 

RESOLUTION 07-047

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING THE PAYMENT OF MUNICIPAL BILLS

IN THE AMOUNT OF $1,586,533.58

 

 

          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 $1,586,533.58 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:    February 21, 2007

MOTION:    WARR

SECOND:   HOWARD

VOTE: AYES:   SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

      NAYS:   NONE ABSENT:   NONE     ABSTAIN:  NONE   

 

 

RESOLUTION 07-048

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING AN INTERLOCAL AGREEMENT AMONG THE SIX

LONG BEACH ISLAND TOWNS, WITH THE TOWNSHIP OF LONG BEACH

THE LEAD AGENCY, FOR THE PURPOSE OF ENTERING INTO A

CONTRACT WITH WINNING STRATEGIES WASHINGTON, LLC

 

WHEREAS, the Borough of Barnegat Light has agreed with the Township of Long Beach, the Borough of Harvey Cedars, the Borough of Surf City, the Borough of Ship Bottom and the Borough of Beach Haven to enter into an Interlocal Services Agreement to retain the services of Winning Strategies Washington, LLC to lobby the Congress of the United States to provide for the funding for the U.S. Army Corps of Engineers Beach Protection and Maintenance Project for Long Beach Island; and

 

WHEREAS, the said Interlocal Services Agreement provides the costs of the lobbying contract shall be borne in accordance with the following schedule:

 

Long Beach Township          53%

Borough of Barnegat Light    09%

Borough of Harvey Cedars          11%

Borough of Surf City         08%

Borough of Ship Bottom       08%

Borough of Beach Haven       11% and

 

WHEREAS,  the said Interlocal Services Agreement provides that the Township shall be the signatory party with Winning Strategies Washington, LLC.

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Barnegat Light, a municipal corporation of the State of New Jersey, at a regular meeting held on Wednesday, February 21, 2007 that the Mayor and Municipal Clerk are hereby authorized and directed to enter into a renewal agreement with Winning Strategies Washington, LLC in accordance with the proposal heretofore provided by that firm.

 

BE IT FURTHER RESOLVED that this contract is being awarded as a renewal of a professional service contract.

DATED: FEBRUARY 21, 2007

MOTION: MORRISON

SECOND: MIKULETZKY

VOTE:     AYES:     SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

     NAYS: NONE

     ABSENT: NONE            ABSTAIN: NONE

 

RESOLUTION 07-049

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

PROVIDING FOR AN AMENDMENT TO THE

TEMPORARY BUDGET FOR THE

BOROUGH OF BARNEGAT LIGHT

 

     WHEREAS, N.J.S.A. 40A:4-19 provides for the making of temporary appropriations for the period January 1, 2007 to the adoption of the 2007 Budget; and

 

     WHEREAS, the Governing Body desires to provide for the orderly method of meeting claims during the period prior to the adoption of the 2007 Budget; and

 

     WHEREAS, the Local Finance Board recently approved the Director’s request to modify several statutory budget deadlines in Local Finance Notice 2007-2 dated January 12, 2007; and

 

     WHEREAS, the Governing Body may by resolution, adopted by February 28, 2007, increase its temporary budget appropriation to provide for the period between March 20, and the adoption of the 2007 budget.  The total of the appropriations shall not exceed 1/12 of the total appropriations made for all purposes in the budget for the 2006 fiscal year, excluding in both instances appropriations made for the interest and debt redemption charges, capital improvement fund and public assistance.

 

     NOW, THEREFORE, BE IT RESOLVED that the following appropriations be adopted as the 2007 Temporary Budget.

 

GENERAL GOVERNMENT:

Mayor and Council

     Salaries and Wages                              $    5,465.00

     Other Expenses                                  $      356.00

Municipal Clerk

     Salaries and Wages                              $  20,839.00

     Other Expenses                                  $   3,659.00

Advertising                                         

     Other Expenses                                  $     968.00

Financial Administration

     Salaries and Wages                              $  10,403.00

     Other Expenses                                  $    1,154.00

Audit Services

     Other Expenses                             $    5,691.00

Tax Collection

     Salaries and Wages                              $  11,555.00

     Other Expenses                                   1,141.00

Tax Assessor

     Salaries and Wages                              $    4,586.00

     Other Expenses                             $    1,971.00

Legal Services

     Salaries and Wages                              $    1,038.00

     Other Expenses                             $    6,225.00

Engineering Services and Costs                            $ 4,669.00

Contribution to Chamber of Commerce

     Other Expenses                             $         34.00

 

LAND USE ADMINISTRATION:

Planning Board

     Salaries and Wages                              $    1,038.00

     Other Expenses                             $       726.00

Zoning Board

     Salaries and Wages                              $    2,888.00

     Other Expenses                             $       865.00

 

INSURANCE:

     Liability Insurance                             $    6,536.00

     Workers Compensation                            $    9,300.00

     Employee Group Insurance                             $  34,151.00

     Unemployment Insurance                          $       657.00

 

PUBLIC SAFETY FUNCTIONS:

Police   

     Other Expenses                             $153,632.00

Emergency Management Services

     Salaries and Wages                              $    4,453.00

     Other Expenses                             $       934.00

Aid to Volunteer Fire Company                             $    8,209.00

First Aid Contribution                                    $    6,701.00

Municipal Prosecutor

     Other Expenses                             $    1,453.00

 

PUBLIC WORKS FUNCTIONS:

Streets and Roads

     Salaries and Wages                              $  26,055.00

     Other Expenses                             $    3,631.00

Garbage and Trash Removal                                 $ 68,010.00

Sanitary Landfill Fees                                    $  4,168.00

Recycling

     Salaries and Wages                              $       692.00

     Other Expenses                             $       346.00

Public Buildings and Grounds                        

     Salaries and Wages                              $    6,316.00

     Other Expenses                             $    5,533.00

 

HEALTH AND HUMAN SERVICES:

Board of Health

     Other Expenses                             $         70.00

     Contractual                                     $  11,598.00

Animal Control

     Other Expenses                             $    1,131.00

Aid to Health Care Facility                               $  346.00

Mental Health Program                                $         34.00

 

PARK AND RECREATION FUNCTIONS:

Contribution to Senior Citizen Center                     $    519.00

Parks and Playgrounds

     Salaries and Wages                              $    5,014.00

     Other Expenses                             $       951.00

Lifeguards

     Salaries and Wages                              $  48,417.00

     Other Expenses                             $    3,805.00

Beachfront Maintenance

     Salaries and Wages                              $  19,554.00

     Other Expenses                             $    5,101.00

Public Docks

     Salaries and Wages                              $    3,458.00

     Other Expenses                             $       692.00

Celebration of Public Events                              $  2,490.00

 

UNIFORM CONSTRUCTION CODE:

Construction Code Official

     Salaries and Wages                              $   7,712.00

     Other Expenses                             $   1,730.00

 

 

 

UTILITY EXPENSES:

Electricity                                          $  11,067.00

Street Lighting                                      $    5,672.00

Telephone                                       $    3,286.00

Natural Gas                                          $    2,145.00

Gasoline                                        $    2,075.00

 

STATUTORY EXPENDITURES:

Contribution to Social Security                           $  3,903.00

 

Municipal Court

     Salaries and Wages                              $    4,105.00

     Other Expenses                             $       968.00

Public Defender             

     Other Expenses                             $       208.00

 

Interlocal Municipal Service Agreements:

Interlocal-Construction                              $  12,105.00

 

Contribution to PERS                                      $  1,730.00

Green Acres Principal and Interest                            $  7,772.90

Payment of Bond Anticipation Notes                            $ 80,350.00

Interest on Bond Anticipation Notes                       $65,500.00

 

                             TOTAL                        $779,555.90

 

 

TEMPORARY DEDICATED WATER/SEWER UTILITY BUDGET

 

OPERATION:

     Salaries and Wages                              $100,638.00

     Operating Expenses                              $147,827.00

 

STATUTORY EXPENDITURES:

     Contribution to PERS                                 $  1,730.00

     Contribution to Social Security                      $  7,699.00

     Contribution to Unemployment Compensation Insurance  $519.00

 

Payment of Bond Anticipation Notes                            $109,750.00

Interest on Bond Anticipation Notes                       $ 32,500.00

 

                             TOTAL                        $400,663.00

 

DATED:    FEBRUARY 21, 2007

MOTION:  WARR

SECOND:   MIKULETZKY

VOTE:AYES: SPARK, MORISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

     NAYS:  NONE   ABSENT:  NONE    ABSTAIN: NONE

 

 

RESOLUTION 07-050

 

                        RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AWARDING A CONTRACT FOR THE STAIRTOWER CONSTRUCTION PROJECT FOR THE COAST GUARD BUILDING.

 

                        WHEREAS, the Borough of Barnegat Light duly advertised for the receipt of bids for the Stair tower Construction Project for the Coast Guard Building; and

 

                        WHEREAS, at the time, place and date set for the receipt of bids, eleven (11) bids were received by the Borough as follows:

 

                        George Koustas Painting                                $  222,890.00

                        Reilly Const.                                                   $  241,295.00

                        Helios Const.                                                  $  339,000.00

                        MJJ Const.                                                      $  343,520.00

                        Gaven General Contracting                            $  365,532.00

                        Joseph Porretta Bldrs                                      $  -------------

                        Hawley Brothers                                             $  375,731.00

                        DA Nolt                                                          $  444,457.00

                        G&M Eastern Contracting                              $  477,600.00

                        Cypreco Industries                                          $  487,423.00

                        Axios Inc.                                                       $  498,300.00

                                                                       

                        WHEREAS, said bids were taken under advisement and have been reviewed by the Borough Engineer and it has been determined that George Koustas Painting submitted the lowest responsible bid in accordance with the bid specifications, said bid being in the amount of $222,890.00; and

 

                        WHEREAS, it is the desire of the Mayor and Borough Council of the Borough of Barnegat Light to award a contract for the Stair tower Construction Project for the Coast Guard Building to George Koustas Painting, the lowest bidder.

 

 

                        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 & Borough Council of the Borough of Barnegat Light do hereby award the contract for the Stair tower Construction Project for the Coast Guard Building to George Koustas Painting at the price of $222,890.00.

 

                        2.         That the Mayor and Borough Clerk are hereby authorized to execute an agreement with George Koustas Painting for said project, said agreement to be in conformance with bid specifications and bid submitted by George Koustas Painting.

 

                        3.         That a certificate of availability of funds executed by the Chief Financial Officer is annexed hereto.  The following line item appropriations or ordinances constitute the availability of funds for this contract:

 

                                                   Bond Ordinance No. 2006-003

                                                                           

                                                                           

                        4.         That a certified copy of this resolution shall be forwarded to George Koustas Painting, the Chief Financial Officer and the Borough Engineer.

DATED: FEBRUARY 21, 2007

MOTION:   HOWARD       

SECOND:   REYNOLDS

VOTE:AYES:  SPARK, MORRISON, MIKULETZKY, REYNOLDS, HOWARD, WARR

            NAYS:  NONE 

            ABSENT: NONE                  ABSTAIN: NONE   

 

RESOLUTION 07-051

 

                        RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE 6th STREET reconstruction CONTRACT WITH C.J. Hesse Inc. FOR final as-built quantity adjustments, and AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE.

 

 

            WHEREAS, a contract was previously awarded for the reconstruction of 6th Street to C.J. Hesse Inc. at the price of $109,953.01; and

 

            WHEREAS, the Mayor and Borough Council wish to authorize a change order to provide for final as-built quantity adjustments, which will result in a net increase in the contract price in the amount of $9,343.59; and

 

            WHEREAS, the change order has been recommended by the Borough Engineer and agreed to by the contractor; and

 

            WHEREAS, this change order and all other change orders amount to a total less than 20% of the original contract awarded to C.J. Hesse Inc.; and

 

            WHEREAS, as part of the contract obligation, the contractor also provided the Borough with a performance guarantee to assure faithful performance of the contract work; and

 

            WHEREAS, the contractor has completed said project in a satisfactory manner, as certified by the Borough Engineer; and

 

            WHEREAS, the Borough Engineer has further certified to the contractor’s posted maintenance guarantee, as required for the project; and

 

            WHEREAS, it is the desire of the Mayor and Borough Council of the Borough of Barnegat Light to release the contractor's performance guarantee and approve the posted maintenance guarantee.

 

 

 

            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 of the Borough of Barnegat Light do hereby authorize the execution of Change Order Number 1 to the contract with C.J. Hesse Inc. for the 6th Street Reconstruction Project, to provide for an increase of the contract price from $109,953.01 to $119,296.51, an increase of $9,343.59 in the contract price, consisting of final as-built quantity adjustments. The Mayor and Borough Clerk are hereby authorized to execute Change Order Number 1, a copy of which is attached hereto & is incorporated herein by reference.