MAYOR AND COUNCIL MEETING    BARNEGAT LIGHT  NOVEMBER 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, MIKULETZKY, REYNOLDS, HOWARD, WARR

           ABSENT: MORRISON

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

 

The Mayor said we have a resolution tonight for a garbage contract.  He asked if anyone had any comments on the fact that Waste Management did not get the bid – Pinto Brothers was the low bidder.  He asked if anyone had any comments on same.  Mike Spark asked if Terry Brady had reviewed all the documents.  He had.  It complies.   It is for 5 years. Terry said the good news is that the bid is much lower.  The uncertainty is that it is a new contract.    They did provide
referrals, etc.   The contract law requires that we award to the lowest responsible bidder. Harry asked if they had other contracts in South Jersey.  We are the first in this area to have them if we vote for them.  They are in North Jersey, but they just bought a place in Barnegat on Route 72. George Warr asked if they had any contracts with any local municipalities.  The answer was no.  The mayor asked if there would be a meeting with the town and the recycling coordinator and Gail said of course.  Dave Bossi was worried about them having knowledge of the single stream thing.  Terry Brady said there will be some transition issues.  Again, Terry said, they are considerably lower than both other bids.  Dottie wanted a better day for recycling. Gail told Dottie you can’t recycle on the same day you pick up trash. The Mayor said he understand that the legal things are all fine.  Harry asked Terry if that was a fact.  It is.  They have been in existence for 25 years.  Harry asked Gail if we had heard anything from Waste Management.  Oh course.  They all know how the bidding goes.  They are sorry they don’t have the contract – but they know how it goes.  The Mayor asked Dottie if she wanted to talk about lifeguards.  Not about the money – but the other requests.   Dottie said they had their meeting.  Maybe everyone doesn’t know all the problems we have had over the years with the house.  Because of problems that have occurred over the years we decided that no one could be in the house unless they are officially living there.  Dottie said there are three or four guards who do not live in the house, and Tom Day said that in the Taxpayer’s letter he will put something in about that.  What are we doing about the radio chargers? We will talk about that at the budget meeting.    Dottie said the green truck needs to be parked there.  That is up for further discussion.  They also talked about moving the ATV’s to the Public Works Garage.  They said they are rusting away where they are being kept now.  We only have two that are working.  Frank said he wonders about the rusting.  Frank asked if they are always washed everyday in the summer.  Frank feels they are not cleaned properly when they are put away and if there is paint chipping off, touch them up.  Harry also mentioned people riding on the back of the ATV’s.  George is going to call a budget meeting before the December and January meetings.  On a motion by Spark, seconded by Mikuletzky and carried by all there was a 5 minute break.

 

 

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, HOWARD, MIKULETZKY, REYNOLDS, WARR

           ABSENT: MORRISON

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

 

THE MAYOR asked for a motion to approve the minutes of the Meeting of

October 17, 2007.  On a motion by Mr. Warr, seconded by Mr. Howard, the minutes were approved.

MOTION:  WARR

SECOND:  HOWARD

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

       NAYS:  NONE  ABSTAIN: NONE  ABSENT: MORRISON 

 

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

MOTION:  WARR

SECOND:  REYNOLDS

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

      NAYS: NONE      ABSENT:  MORRISON    ABSTAIN: NONE

 

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

MOTION:  SPARK

SECOND:  REYNOLDS

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

       NAYS:  NONE   ABSENT: MORRISON    ABSTAIN:  NONE

 

COMMITTEE REPORTS:

 

FINANCE:  COUNCILMAN WARR reported that we will have a budget meeting prior to the December and January meetings at 5:00pm.  He met with TC today and she said she will go with what we got in previous years and if we have to amend it we amend it. We are transferring funds this evening.

 

BEACHES AND PARKS:  COUNCILWOMAN REYNOLDS said she had the beaches and parks committee meeting and that a few of the highlights was that next year the guards will all wear the same uniform to better identify them as lifeguards.  The beach street will have larger numbers or street number on the back of the stands.  For seniors we might have a bocce  Court.  Improvements in 2007 the dog park fencing has been completed. Basketball Court resurfaced.  New half pipe in the skate park and we will ad a quarter pipe this year.  Nature walkway was completed with signs and dune grass.  Hope to put up post and rail fence in 08 and a sign at the bay beach.  Playground, equipment has been repaired and replaced and Art has suggested new surface under the swing sets.

 

DOCKS AND HARBORS: COUNCILMAN MIKULETZKY said the clams are away and the clean up has been completed.  He didn’t know if they brought the box and pallet back to the Borough.  Letter sent out to liveries to renew their lease.  The Mayor said he asked for the bathrooms at the dock be open longer while the fishing is still going on.  He also said we could move the port a potty down there from by the skate park.  Put it on the back side of the bathroom so it is not visible from the street.

 

PUBLIC SAFETY:  COUNCILMAN MORRISON was absent due to the fact he had a double knee replacement last week.  He is doing well.

 

WATER/SEWER: COUNCILMAN SPARK said he had a couple of things.  He asked to make the water/sewer report a part of the minutes.  We did have a meeting about the water meters.  We have no game plan in place yet.  We are gathering all the facts.  We have an employee who has gone around the town and found all the meter placements other than 4 people in the whole town.  We have been doing this for years.  They are now going back and looking at the condition of the pits and existing meters.  Mike updated all on the Coast Guard Building.  It looks great on the outside too.  The building is a real gem.  He hopes we can have a partial open house in the near future.  The back steps are done.  There is an elevator.  It has been going along slowly for years – the quality is great.  George Warr is still working on the lighting!  Gail Wetmore mentioned the large contribution that Mike Spark had made to the building when he and George Warr were both in charge.  She mentioned Mike Hertzberg, our new project manager and the great job he is doing. Mike Spark mentioned that thanks to Mike Hertzberg, he had never seen a contract where the sheet rockers had to vacuum the floor behind them.      

 

PUBLIC WORKS:  COUNCILMAN HOWARD asked that the public works report be made a part of the minutes.   

 

The Mayor said that Santa is coming to the Dock at 7:00pm on Friday. 

 

0PEN PUBLIC SESSION:  On a motion by Warr, seconded by Spark and carried by all, the public session was opened.  Tom Stiles spoke about Operation Snowflake.  He said he wanted to apologize that they were not up by Thanksgiving.  It will be very easy next year!  We didn’t realize it would take so long to do everything that was necessary.  They are all on the East Side.  Tom and Big Al did all the landscaping at the new boro sign.  Tom said Big Al supplied all the materials. Sarah Lambert said it won’t be like the ten little indians and every time a snowflake goes up it won’t turn on – and the answer was no.   Gail said you don’t really know but they all seem to be going well in Harvey Cedars.  George said once the connection is there it is a matter of hanging and having Atlantic City make the connection.  Dottie said we all want to thank Tom!  Bob Birdsall asked if animal control notifies when they are sure they have a pet and Gail told him they already do that.  Mr. Birdsall said he was not used to coming before council and that he had asked Dave (Bossi) to represent him.  The Mayor said he hoped not.  He is upset because a neighbor has in his opinion a lot of junk in his yard.  He said it is an issue of 5 years and he has tried to resolve it locally without any luck.  He put the ordinance in with the photos but does not know if it applies or not.  Does the committee think that this is acceptable?  (What they see in the photos)  Harry Howard said hardly.  Terry Brady said the only comment he would have on that is that the Borough council is not judge or jury and there is a municipal court judge and a zoning officer in charge of land use issues – enforcement.  Birdsall said he agree he had been to the Zoning Officer many times.   Al has been to the house and examined it.  He still felt he needed help from council.  Again Terry suggested the avenue is Zoning Officer and the Municipal Court Judge.  Birdsall said how remediation of the Zoning Officer -----  Terry said he hasn’t spoken to Al and does not see any sort of response in the package that was sent. Terry said he is presuming that Al has some position on it and that Terry does not know what that is.  Mr. Birdsall kept asking as a citizen of Barnegat lIght does the Council feel this is acceptable.  The Mayor said he doesn’t think Council can make that call.  The entire conversation is on tape and considered a part of these written minutes. Mr. Birdsall said he wanted to try to summarize this:  Al is an entity unto himself and the Council does not tell Al what to do.   Al has done a good job said the Mayor and that is why he is appointed every year.  Harry Howard asked who is taking the lead; Gail said it is up to Mr. Birdsall.  The ball is in Mr. Birdcall’s court.  As he left, Mr. Birdsall said he was glad we at least liked the photos, the Asbury Park Press will like them too. On a motion by Howard, seconded by Mikuletzky and carried by all the meeting was once again closed.  

 

RESOLUTIONS:

 

RESOLUTION 07-111

 

                        RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AWARDING A CONTRACT FOR THE 12th STREET RECONSTRUCTION PROJECT, SUBJECT TO NJDOT APPROVAL.

 

 

            WHEREAS, the Borough of Barnegat Light duly advertised for the receipt of bids for the 12th Street Reconstruction Project; and

 

            WHEREAS, at the time, place and date set for the receipt of bids, five (5) bids were received by the Borough as follows:

 

                        Earle Asphalt Company                        $  89,513.13

                        A.E.Stone                                            $  no bid

                        C.J.Hesse Inc.                                      $  99,493.08

                        Mathis Construction                              $  97,542.50

                        Haskell Site Work                                $ 101,755.00

                        B&B Construction                                $ 159,155.00

                                                                       

            WHEREAS, said bids were taken under advisement and have been reviewed by the Borough Engineer and it has been determined that Earle Asphalt Company, submitted the lowest responsible bid in accordance with the bid specifications, said bid being in the amount of $89,513.13; and

 

            WHEREAS, it is the desire of the Mayor and Borough Council of the Borough of Barnegat Light to award a contract for the 12th Street Reconstruction Project to Earle Asphalt Company, the lowest bidder; and

 

            WHEREAS, part of the funding for said project comes from financing awarded by the NJ Department of Transportation, and the award is, therefore, subject to NJDOT review and approval, per their grant rules and regulations.

 

 

            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 12th Street Reconstruction Project to Earle Asphalt Company, at the price of $89,513.13, subject to NJDOT review and approval.

 

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

 

            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:

 

                                         Barnegat Light Bond Ordinance No. 2007-08

                                                                           

            4.         That a certified copy of this resolution shall be forwarded to Earle Asphalt Company, the Chief Financial Officer and the Borough Engineer.

DATED:   NOVEMBER 21, 2007

MOTION:   REYNOLDS                

SECOND:   HOWARD

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

                        NAYS:  NONE

                        ABSENT:  MORRISON                  ABSTAIN: NONE   

 

RESOLUTION 07-112

 

RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,

COUNTY OF OCEAN, STATE OF NEW JERSEY,

AUTHORIZING THE TRANSFER OF APPROPRIATIONS

ACCORDING TO 40A:4-58

 

     WHEREAS, the Borough of Barnegat Light in the County of Ocean and State of New Jersey finds it necessary to transfer money from certain 2007 budget appropriations to carry on and pay its obligations and that such transfers are permitted by law.

 

     NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Barnegat Light that the Treasurer is hereby authorized to make the following transfers:

 

CURRENT FUND:

 

FROM:

 

Lifeguards              SW            7-01-28-380-111         $ 7,200.00

Public Docks       SW        7-01-28-385-111    $   700.00

Landfill Charges   OE        7-01-26-305-243         $ 7,672.13

 

TO:

 

Parks & Playgrounds SW        7-01-28-375-111         $   600.00

Streets & Roads         SW        7-01-26-290-111         $ 2,533.65

Buildings & Grounds SW        7-01-26-310-111         $ 1,384.44

Beachfront Maint.  SW        7-01-28-380-311         $ 5,601.78   

Electricity        OE        7-01-31-430-241         $ 2,646.26

Mayor & Council         OE        7-01-20-110-243         $ 2,000.00   

Animal Control     OE        7-01-27-340-243         $   806.00

 

DATED:    November 21, 2007

MOTION: WARR

SECOND: MIKULETZKY          

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

      NAYS: NONE

      ABSTAIN: NONE

      ABSENT: MORRISON                       

 

 

 

RESOLUTION 07-113

 

                        RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AWARDING THE 2008-2012 GARBAGE COLLECTION CONTRACT to Pinto Brothers Disposal LLC.

 

 

            WHEREAS, the Borough of Barnegat Light is in need of garbage collection services; and

 

            WHEREAS, the anticipated cost of said services is expected to exceed $29,000.00 so as to require public bidding in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

 

            WHEREAS, the Borough of Barnegat Light duly advertised for the receipt of bids for a 5-year contract for garbage collection and disposal services; and

 

            WHEREAS, at the time, place and date set for the receipt of bids, three (3) bids were received by the Borough as follows:

 

            Pinto Brothers Disposal LLC