MAYOR & COUNCIL MEETING   BARNEGAT LIGHT AUGUST 17, 2005

 

 

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 3, 2005 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 3, 2005, to receive such notice, and by filing a copy of the notice with the Borough Clerk on January 3, 2005.

 

ROLL CALL:    SPARK, BOSSI, MORRISON, HOWARD, WARR

               ABSENT: REYNOLDS 

           ALSO PRESENT: MAYOR LARSON, TERRY F. BRADY, ATTORNEY, GAIL            WETMORE, RMC

 

The Mayor began by saying he wanted to talk about what we want to do for budget next year.  Wish list – George Warr said he was thinking along the same lines.  Dave said the Coast Guard Station will be a big budget wish list.  Since the ball field does not get that much use anymore, why not rip down the outfield fence and build a bandstand type of thing.  Harvey Cedars has a nice gazebo where the bands can go up and play.  We will still have the diamond for baseball, but we will have a lot more space.  It would not prevent people from playing softball on the field.  The mayor explained the history of the ball field and why we put the fence up.  There were no fields for little league, so we made sure our field was brought up to par and used by the teams all over the island.  Dave said he would love to see concerts like they do in Harvey Cedars.  We have parking at the bay and it would be quieter at the ball field.  Mike Spark said taking down the fence is the first step and a no brainer.  We can use the portable county band shell.  Tom Stiles told George Warr it would be good to put a bearm up there. George said he likes the idea, but thinks we should speak to the people that live along there. We are looking for input.  Choppers can still land there for emergencies.  In fact, it will be easier.  The mayor said they are putting 55 foot sheets of sheathing at the end of 5th Street and it is going to be a beautiful spot that will never go away for a 100 thousand years. We could do something there, or something down by the ramp. Dave mentioned that he will be raising the ramp fee next year.  Cost of living for the slips and the daily ramp up by one dollar.  The mayor said we were way below the other towns with beach badge fees.  Dave asked Terry Brady where we stand with the condos and who is responsible for what.  Terry explained that has a package of information and has also spoken with the Attorney for Phil Herman twice and the attorney said he would fax a letter.  Terry has not received it yet.  From what he said the attorney for Phil Herman agrees that it is the responsibility of the condo association to take care of the bulkhead and public access walkway in front of the condos. Jim Morrison, who is on the planning board, said it was very clear at the planning board meeting who is responsible for what.  On a motion by Bossi, seconded by Spark and carried by all there was a 15” recess. The mayor reminded everyone to save their seats.    

 

THE REGULAR MEETING of the Mayor and Council was called to order by  Mayor Larson at 8:00pm at the Borough Hall, on West 10th Street.  He said 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 3, 2005 and by mailing a copy of the notice to the Beach Haven Times and the Asbury Park Press, newspapers designated by Mayor and Council on January 3, 2005 to receive such notice, and by filing a copy of the notice with the Borough Clerk on January 3, 2005.

 

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, BOSSI, HOWARD, WARR

            ABSENT: REYNOLDS      

            ALSO PRESENT: MAYOR LARSON, TERRY F. BRADY, BOROUGH                   ATTORNEY, GAIL WETMORE, ADMINISTRATOR/CLERK

 

THE MAYOR asked for a motion to approve the minutes of the Regular Meeting of the Mayor and Council on July 20, 2005. On a motion made by Mr. Bossi and seconded by Mr. Howard, the minutes were approved.

MOTION: BOSSI

SECOND: HOWARD

VOTE:     AYES: SPARK, MORRISON, BOSSI, HOWARD, WARR

      NAYS: NONE   ABSTAIN: NONE  ABSENT: REYNOLDS

 

TREASURER'S REPORT:  It was asked that the Treasurer's report be made a part of these written minutes.  Mr. Spark so moved, seconded by Mr. Warr.

MOTION: SPARK

SECOND: WARR

VOTE:     AYES: SPARK, MORRISON,BOSSI, HOWARD, WARR

      NAYS: NONE   ABSENT: REYNOLDS     ABSTAIN: NONE

 

ZONING AND BUILDING REPORTS FOR JULY: On a motion made by Mr. Morrison and seconded by Mr. Spark the reports were accepted.

MOTION: MORRISON

SECOND: SPARK

VOTE:     AYES: SPARK, MORRISON, BOSSI, MORRISON, WARR   

      NAYS: NONE      ABSTAIN:  NONE   ABSENT: REYNOLDS

 

 

COMMITTEE REPORTS:

 

 

FINANCE:  GEORGE WARR said he wanted the council to meet with their committees and look at your expenditures to date and get ready for the 06 budget. 

 

PUBLIC WORKS: HARRY HOWARD said everything is going quite smoothly and asked to make the public works report a part of the minutes.  He mentioned two summer personal have already left.  Report on vandalism is included.  He wants to have a committee meeting with Art and Gail to discuss various public works issues.

 

BEACHES AND PARKS:  DOROTHY REYNOLDS was absent.  The Lifeguards came in second place for the races.

 

DOCKS AND HARBORS:  DAVE BOSSI said we are down about 5% in revenues at the ramp. He is going to bump up the daily fees.  He is going to see what the other towns are doing, he expects we may be low and we do have a prime ramp.  Our bulkhead project from 7th to 10th Streets is virtually done, we still have a  bond and about $1,000 held out for 4 parts that are missing.  Take a walk up 5th Street, it’s almost done.  The State is moving along.  Nothing in the EOC, Coast Guard Station:  just about to go out to bid for the lead paint removal.  Back stairs are going to be torn down, just about ready to send revised plans to the Historical people.  We have been kicking around about a Code Enforcement Person.  The administrator explained why we are looking into this again.  We do not want someone running around giving tickets – rather an information person.  If we had someone a couple mornings a week - maybe Monday and Friday morning, who could go around town and inform people regarding trash, etc. This discussion continued and we will talk about it further.  The bottom line is we need to do something about people who pay no attention to the rules and regulations of the Borough.

 

PUBLIC SAFETY:  JIM MORRISON asked to make the police activity log a part of the minutes.  Running into typical parking problems.  Getting a lot of positive comments on the ability of people to pull out of the streets and get across the streets.  So far, it’s working.  Bikes are going through the red lights.  Real problem with people riding bikes at night with no lights or reflectors on them.

 

 

WATER/SEWER:  MICHAEL SPARK asked that the monthly report be made a part of the minutes.  Everybody has had water to drink; it’s been great this year.  He compliments Art on keeping the system up and running.

 

OPEN PUBLIC SESSION:

 

Spark moved to open public session, seconded by Warr and carried by all.  Joe Hogan is still having a problem with the trash dumpster in back of the Inlet Deli.  He said he is tired of it. Jim Morrison said that operation is inspected by the Board of Health and they must keep the lid shut.  The Planning Board is not an enforcement agency.   Gail said she will speak with the Health Department.  This is another example of why we need someone to go out and check things out.  Harry Howard said this will be a topic of conversation at our Public Works Committee meeting.  This issue will be discussed by council in more detail.  Jim Morrison said dumpsters must have a lock in the Township.  Next to speak was Dick Amster, he and his wife have been here for about 4 years.  They had been in Loveladies for 30 years.  He likes Barnegat Light and said he would like to revisit the Feasibility issue for 5 minutes.  He said he knows that it has been beaten to death but he said he would like to suggest to us that he thinks the discussions have drifted away from what is essentially the issue as he sees it.  He said he is a very tired retired lawyer.  The mayor said he would like to stop him for a second before we go on and on.  The mayor said the feasibility study – we put in $3000 in the budget – that was 6 towns being involved.  $36,000.  We figured our share at one billion dollars the town was worth would come out to $3000 – that’s what we had in the budget.  Long Beach Township and Beach Haven each have put in $10,000 a piece.  It is not $3000 any more.  We are not joining and that is it.  Mr. Amster asked if he could finish.  You can go on and on, but we already voted on it the mayor said.  Shirley Alnutt called out no you didn’t.  The mayor said yes we did Shirley.  Again the mayor said we already voted on it, it’s done, write us a letter.  The mayor gave Mr. Amster the 2 minutes he asked for to finish what he wanted to say.  What did the parties contemplate at the time the contract was entered into.  He didn’t think they contemplated what we see today. If the departure from what they contemplated is so egregious as to shock the conscience of the court you might have a remedy and it’s worth taking a hard look at.  The mayor said we have looked at it very hard. Harry Selover asked if there was anything being done with the Army Corps of Engineers regarding the channel.  They are studying it and expect it to be done in 2 years.  What about the rumor that the Lighthouse is tilting.  We don’t know. The mayor said the main thing is that the channel is staying open for Barnegat Light through the inlet and out.  Because Barnegat Light would change  greatly without the commercial fishing industry in this town and also the sport fishing.  Harry thinks if there were more fish the ramp fees would go up.  The mayor mentioned the high cost of gas is keeping people from boating.  Mary Jane Preiser said the light at the public bathroom goes on and off all night.  Gail will tell Art.  Eric Stokes wants publicity for the kids to be aware of to help with the dune grass planting. Pizza and soda at noon – plant dune grass.  It is in October, he thinks the 8th.  Peter Doorly said a number of years ago he suggested a track around the rim of the ball field.  He said years ago he was on a committee and he said we got Green Acres money for a gazebo over by the ramp and that was washed out.  You would have to apply for new Green Acres funds.  That is another wish list item.  Peter said that was knocked down by the council because they didn’t want people to come to Barnegat Light.  The mayor said that was not true, it was the fact that there would have been 6 inches of water there. Gail said that when we start our budget workshops we will let people know and people can come and give their ideas.  Shirley Alnutt said she liked what Eric Stokes said and she thinks the young people in town should be encouraged to participate in the dune grass.  Fran Puskas asked about the timing for the bulkhead at the end of Broadway.  She noticed one of the signs mentions emergency snow removal.  Is this a subtle hint that it is going to be a long time.  Dave Bossi said he expects they will be done right after Labor day.  The mayor said they are not doing the underground lines anymore.  They are putting in a temporary pole and as soon as they get the bulkhead in, the pole will be put back in place.  It was too much work for underground.  Dave said he thought the schedule was October for completion.  Fran said maybe they just ran out of regular signs.  They start at 6:00am and quit at 2:00pm.  John Michel asked if someone wants to address the council is there a specific rule about time or what they are allowed to say. Gail said what we normally do if there is a very hot issue, like last month, we can set a time limit.  The mayor said if you are talking about Mr. Amster, we have already talked about it for months.  What difference in a couple minutes would you make to this council on the feasibility issue.  Mr. Amster was given 5 minutes to speak.  He said he’d take less than that and again said what he said previously.  He added whether you can win the case, he doesn’t know.  Is it going to be expensive – life is expensive if you’re foolish enough to get involved in the courts,  that’s expensive.  Is it worth it, I don’t think you know or I know at this particular time.  The issue has to be resolved by competent council and staff.  And you’ve got a competent council in that gentleman.  (referring to Vito Gagliardi) And despite the fact that I’ve heard you demean him,  he is highly regarded, from a good law firm and the issue is not that he’s up and down this island promoting business, he was asked to come here. Last, but not least, there is a certain sense of comedy in the community, the fact that Harvey Cedars has backed out and the fact that other towns may not be supporting it, doesn’t mean that we have to pull out of it either.  If there’s a reasonable basis for taking a careful look at this thing we ought to take a look.  He left it at that.  Shirley said she feels very sad about the fact that we seem to have envisioned the people who wanted us to go on with the feasibility study and the people who didn’t want it as sort of shoobies with money – and she said she wants to remind you that we are the people, Taxpayer’s Association – large number of the people – are the people, who come in the stores, in the businesses, we are the ordinary people, we are you, we’re everybody.  We go in the stores, we go in the gift shops, go in the Viking Village – we’re just ordinary people everyday and we’re not all rich, not all poor, some of us are people who come only in the summer, --- you five of you, not Dottie, have in fact divided the community – not us.   And I’m sad for that.  Harry Selover said he has a compliment to Jim Morrison.  It appears that the traffic light that a lot of people were concerned about has done a great job.  We have not had a problem with the Fire Company and as far as he knows the Rescue Squad did not.  The two lights have broken the traffic so people can move around this town a lot more safely so he compliments Jim and the council for that.  Dick Amsted asked about pedestrian signs in the middle of the road.  It was explained to him that we are a four lane road and also the speed limit is not low enough to use the signs. Bob Leonard said he lives on Bayview Avenue and a lot of his neighbors were afraid the traffic would be heavier on Bayview.  He lives here year round and has not noticed any more traffic.  Mary Jane Preiser agreed with him, she lives on Bayview.  Bob Leonard mentioned a kid on a lime green motorcycle who is speeding on Bayview.  Jim Morrison said the Police are aware of it. They have to be at the right place at the right time.  On a motion by Howard, seconded by Spark and carried by all, the public portion was closed.

 

 

ORDINANCE 2005-05

 

AN ORDINANCE OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, CREATING AND ESTABLISHING CHAPTER 18 OF THE BOROUGH CODE, TO BE ENTITLED “JOINT MUNICIPAL ALLIANCE COMMITTEE”, TO PROVIDE FOR A JOINT MUNICIPAL ALLIANCE COMMITTEE WITH LONG BEACH TOWNSHIP, Harvey cedars borough, surf city borough, ship bottom borough, and beach haven borough.

 

The Clerk read the above by title and number and the mayor announced it is time to consider the ordinance for passage on second reading according to law.    Morrison so moved,  seconded by Bossi . There were no comments so on a motion by Bossi, seconded by Morrison the public portion was closed.

Bossi moved to adopt, seconded by Spark.

MOTION:  BOSSI

SECOND:  SPARK

VOTE:  AYES:  SPARK, MORRISON, BOSSI, HOWARD, WARR

               NAYS:  NONE   ABSENT:     ABSTAIN:  NONE

 

                      RESOLUTION 05-120

 

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING THE REFUND OF TAX OVERPAYMENTS

 

     WHEREAS, tax payments totaling $1,028.64 were made in error during 2004 by Chase Home Mortgage Co. 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 this overpayment to Chase Home Mgt. Co. 

DATED:    August 17, 2005

MOTION:   SPARK

SECOND:   MORRISON

VOTE:         AYES:     SPARK, MORRISON, BOSSI, HOWARD, WARR     

          NAYS: NONE

          ABSENT: REYNOLDS   ABSTAIN:  NONE

 

RESOLUTION 05-121

 

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING THE CANCELATION OF CERTAIN WATER/SEWER CHARGES

 

 

     WHEREAS, certain water/sewer charges have accrued during 2004 for properties that were classified incorrectly in the Utility records as follows:

          Blk. 6.1  Lot 1    2004 Water         $ 91.00

                             2004 Sewer         $277.00

          Blk. 6.01 Lot 1         2004 Sewer         $389.13

 

     NOW, THEREFORE, BE IT RESOLVED by the Council of Barnegat Light, that the Tax/Utility Collector be authorized to cancel these balances.

DATED:    August 17, 2005

MOTION:   SPARK

SECOND:   MORRISON

VOTE:         AYES: SPARK, MORRISON, BOPSSI, HOWARD, WARR

          NAYS: NONE

          ABSENT: REYNOLDS   ABSTAIN: NONE

 

                      RESOLUTION 05-127

 

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

APPLYING FOR A GRANT THROUGH THE DEP

FOR THE MUNICIPAL STORMWATER REGULATION PROGRAM

 

 

     WHEREAS, the Mayor and Council of the Borough of Barnegat Light, County of Ocean, State of New Jersey desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of $6,041.

 

     THEREFORE BE IT RESOLVED that the Mayor or the successor to the office of the Mayor is authorized as follows:

 

1.         To make application for such a grant.

 

2.         If awarded, to execute a grant agreement with the State of New Jersey in the amount of $6.041.00.

 

3.         To execute any amendments thereto and any amendments thereto which do not increase the Grantee’s obligations.

 

     BE IT FURTHER RESOLVED that the Grantee agrees to comply with all applicable Federal, State and Municipal laws, rules, and regulations in its performance pursuant to this agreement.

DATE:  AUGUST 17, 2005

MOTION: BOSSI

SECOND: HOWARD

VOTE:  AYES: SPARK, MORRISON, BOSSI, HOWARD, WARR

       NAYS: NONE

       ABSENT: REYNOLDS               ABSTAIN: NONE

 

RESOLUTION 05-128

 

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING THE PAYMENT OF MUNICIPAL BILLS

IN THE AMOUNT OF $ 1,284,626.71

 

     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 $1,284,626.71 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:    August 17, 2005

MOTION:   WARR

SECOND:   HOWARD      

VOTE:         AYES:     SPARK, MORRISON, BOSSI, HOWARD, WARR             

          NAYS:     NONE

          ABSENT: REYNOLDS        ABSTAIN: NONE

 

RESOLUTION 05-129

 

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

OBJECTING TO THE DIVERSION OF PARIS GRANTS

PROGRAM DEDICATED FUNDS

 

     WHEREAS, N.J.A.C. 15-3.7 in accordance with P.L. 2003, Chapter 117, sections 38 and 39, established the New Jersey Public Records Preservation Account for support of county and local government efforts in the management, storage and preservation of public records; and

 

     WHEREAS,  this legislation earmarked two dollars of document filing and recording fees collected by county clerks for deposit in this account, ensuring a sound foundation is laid for broadening of the grant program in the future; and

 

     WHEREAS,  this dedicated fund is facing a $5 million cut in revenues by diversion of these funds to the State’s General Fund, setting a precedent that threatens the integrity of the PARIS grant program and thereby negating the premise upon which these funds are to be used; and

 

     WHEREAS,  this measure will reduce grant amounts, minimize the opportunity for municipalities to receive grant funding and fiscally impact counties and municipalities already impacted by continual State programming and funding cuts, thereby placing the burden upon local property taxpayers to offset these cuts;

 

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

 

1.                       The Mayor and Council strenuously urges the Legislature and Acting Governor Richard Codey to restore full funding for county and municipal PARIS grants.

 

2.                       The Mayor and Council appeals to the Legislature and Acting Governor Richard Codey to protect these crucial, fundamental, viable programs when attempting to restore confidence in State government.

 

3.                       That the Secretary is directed to forward a certified copy of this resolution to the following:

    

A.         Acting Governor Richard Codey

B.         9th , 10th  and 30th District Legislators

C.         Ocean County Municipalities

D.         Carl Block, Ocean County Clerk

E.         Karl Neiderer, Dir. Of NJ Division of Records Management

F.         New Jersey State League of Municipalities

G.         Municipal Clerk’s Assn. of New Jersey

 

DATED: AUGUSTS 17, 2005

MOTION:  BOSSI

SECOND:  MORRISON

VOTE:         AYES:     SPARK, MORRISON, BOSSI, HOWARD, WARR     

          NAYS: NONE

          ABSENT:  REYNOLDS            ABSTAIN: NONE

 

 

 

RESOLUTION 05-130

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

ACCEPTING RAFFLE APPLICATION OF

ZION EVANGELICAL CHURCH ON OCTOBER 8, 2005

AND WAVING FEE FOR SAME

 

     WHEREAS, Zion Evangelical Lutheran Church has made application to conduct a raffle in accordance with the Act and Rules and Regulations of the Legalized Games of Chance Control Commission; and

 

     WHEREAS, there is satisfactory proof that the prizes are of the nature and amount allowed by law; and

 

     WHEREAS, in accordance with NJAC 13:47-4.3, fees payable by law, upon findings and determination of the governing body of the Borough of Barnegat Light; and

 

     NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Barnegat Light that upon acceptance of said application to the Legalized Games of Chance Control Commission said license will be granted

DATED: AUGUST 17, 2005

MOTION:   HOWARD    

SECOND:   MORRISON         

VOTE:         AYES: SPARK, MORRISON, BOSSI, HOWARD, WARR  

          NAYS: NONE     

          ABSENT: REYNOLDS

          ABSTAIN: NONE

 

CORRESPONDENCE:

 

Thank you letters were read from David Mac Neill regarding the beach patrol transporting him to the beach, Betsy Heller for same and also Linda and Fran Petronzio. The mayor again congratulated the Lifeguards on their second place finish in the Island Lifeguard Tournament and mentioned that Bob Selfridge and his wife won the mixed doubles.  It was quite a moment!  Gail Wetmore mentioned the Historical Society House Tour and asked Tom Stiles if he wanted to tell everyone about it. It is next Wednesday from 3:00pm to 5:00pm with a wine and cheese reception afterward at the Museum. Gail said a highlight of the tour is the first floor or Fran Puskas’s home. 

 

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

 

APPROVED:                                                                           MAYOR                        GAIL J. WETMORE

                                               MUNCIPAL CLERK