MAYOR AND COUNCIL MEETING BARNEGAT LIGHT SEPTEMBER 19, 2007
THE CAUCUS MEETING of
the Mayor and Council was called to order by Mayor Larson at
7:30pm at the Borough Hall, on
ROLL CALL: SPARK, MIKULETZKY, REYNOLDS, WARR, HOWARD
ABSENT: MORRISON
ALSO PRESENT: TERRY F. BRADY, BOROUGH ATTORNEY AND GAIL WETMORE
The Mayor mentioned the NJ Conference of Mayors and what a good time it was. They may have it in Barnegat Light again next year. Dottie Reynolds went over the beach badge figures. Frank Mikuletzky said we are having an ordinance on first reading this evening to increase the slip fees to $1600.00 – that is $100 up from last year. We are very low. TC Kay, CFO will have final figures from Frank after the boat ramp closes for the ramp. on a motion by Reynolds, seconded by Spark and carried by all, there was a 10 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
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: TERRY F. BRADY, ATTORNEY AND GAIL WETMORE
THE MAYOR asked for a motion to approve the minutes of the Meeting of August 15, 2007. On a motion by Mrs. Reynolds, seconded by Mr. Mikuletzky, the minutes were approved.
MOTION: REYNOLDS
SECOND: MIKULETZKY
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WARR
NAYS: NONE ABSTAIN: NONE ABSENT: MORRISON
TREASURER’S REPORT: On a motion by Reynolds, seconded by Warr and carried by all the treasurer’s report was approved.
MOTION: REYNOLDS
SECOND: WARR
VOTE: AYES: HOWARD, SPARK, MIKULETZKY, REYNOLDS, WARR
NAYS: NONE ABSENT: MORRISON ABSTAIN: NONE
BUILDING AND ZONING REPORTS FOR AUGUST: The Mayor asked for a motion to approve the reports. Reynolds so moved, seconded by Spark and carried by all.
MOTION: REYNOLDS
SECOND: SPARK
VOTE: AYES: HOWARD, SPARK, MIKULETZKY, REYNOLDS, WARR
NAYS: NONE ABSENT: MORRISON ABSTAIN: NONE
COMMITTEE REPORTS:
FINANCE: COUNCILMAN WARR said we will be having receipt of audit this evening. There are a few problems and they will be corrected.
BEACHES AND PARKS: COUNCILWOMAN REYNOLDS went over the Beach Badge figures.
DOCKS AND HARBORS: COUNCILMAN MIKULETZKY reported on the clams at the boat ramp. They are growing.
PUBLIC SAFETY: COUNCILMAN MORRISON was absent.
WATER/SEWER: COUNCILMAN SPARK updated everyone on the water/sewer report. Water usage is up in both Loveladies and High Bar Harbor.
PUBLIC WORKS: COUNCILMAN HOWARD asked that the public works report be made a part of the minutes.
The Mayor reminded everyone about the picnic on Saturday from 11:30am to 2:00pm. It is being given by the Republican Club, all are welcome.
0PEN PUBLIC SESSION: On
a motion by Warr, seconded by Reynolds and carried by
all, the public session was opened. Dick Malacrea
spoke of Beach Badges, Marion Larson mentioned that
she sees a lot of sprinklers running when she takes her walk. She was
told to report same to Borough Hall if she thought there was a problem.
Tom Stiles updated all on the new Borough sign. We need $805.00 to reach
our goal. Tom Day, president of the Taxpayer’s Association asked if we
could have a get together when the Snowflakes go on. We will look into
same. Fred Gibbs invited all to the picnic and said how great the Mayors
Seafood Fest was. He said he has been to many and that it was the best
run! Vince Roth asked about the asphalt at the end of
RESOLUTIONS:
RESOLUTION 07-101
RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,
AUTHORIZING THE PAYMENT OF MUNICIPAL BILLS
IN THE AMOUNT OF $616,204.91
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 $616,204.91 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: SEPTEMBER 19, 2007
MOTION: WARR
SECOND: MIKULETZKY
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WARR
NAYS: NONE
ABSENT: MORRISON
ABSTAIN: NONE
RESOLUTION 07-102
RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,
REFUNDING TENNIS RAIN OUTS
WHEREAS, the fee for the use of Barnegat Light’s Tennis Courts are $10.00 per hour and several sessions were rained out.
THEREFORE, BE IT RESOLVED that $10.00 should be refunded to:
James Pulliam
And $35.00 should be refunded to:
William Ruggieri
BE IT FURTHER RESOLVED that the Borough Treasurer will issue these checks.
DATED: SEPTEMBER 19, 2007
MOTION: REYNOLDS
SECOND: HOWARD
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WARR
NAYS: NONE
ABSENT: MORRISON ABSTAIN: NONE
RESOLUTION 07-103
RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,
AUTHORIZING RECEIPT OF AUDIT
WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and;
WHEREAS, the Annual Report of Audit for the year 2006 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A:5-6, and a copy has been received by each member of the governing body, and;
WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27 BB-34, and;
WHEREAS, the Local Finance Board has promulgated a regulation requiring that the
governing body of each municipality shall, by resolution, certify to the Local
Finance Board of the State of
GENERAL COMMENTS
RECOMMENDATIONS
and;
WHEREAS, the members of the governing body have personally reviewed at a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:
GENERAL COMMENTS
RECOMMENDATIONS
as evidenced by the group affidavit form of the governing body, and;
WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after receipt of the annual audit, as per the regulations of the Local Finance Board, and;
WHEREAS, all members of the governing body have received and have familiarized themselves with at least the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and;
WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 - to wit:
"R.S. 52:27BB-52 -"A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($ 1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office."
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the Borough of Barnegat Light, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated June 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
DATED: SEPTEMBER 19, 2007
MOTION: WARR
SECOND: HOWARD
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WARR
NAYS: NONE
ABSENT: MORRISON ABSTAIN: NONE
RESOLUTION 07-104
RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT,
DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
(NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT
IN THE BOROUGH OF BARNEGAT LIGHT
WHEREAS, the President, in Homeland Security Directive (HSPD-5), directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover domestic incidents, regardless of cause, size or complexity;
WHEREAS, the collective input and guidance from all Federal, State, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS;
WHEREAS, it is necessary and desirable that all Federal, State, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management;
WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and tribal organizations utilize standard terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters;
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and streamline incident management processes.
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the Borough of Barnegat Light, including current emergency management training programs; and
WHEREAS, The National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System;
NOW,
THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Barnegat Light,
DATED: SEPTEMBER 19, 2007
MOTION: REYNOLDS
SECOND: HOWARD
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WAR
NAYS: NONE
ABSENT: MORRISON ABSTAIN: NONE
RESOLUTION 07-105
RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE CONTRACT WITH George Koustas Painting FOR ADDITONAL brick walkway and platform WORK AT THE COAST GUARD BUILDING.
WHEREAS, a contract was previously awarded for the Stair tower Construction Project at the Coast Guard Building to George Koustas Painting, at the price of $222,890.00; and
WHEREAS, the Mayor and Borough Council wish to authorize a change order to provide for additional work and materials consisting of the removal of front steps and replacement with a brick paver platform, and an extension of the brick walkway to the 7th Avenue sidewalk; and
WHEREAS, this change order which will result in an increase in the contract price in the amount of $4325.00; and
WHEREAS, the change order has been recommended by the Borough Project Manager 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 George Koustas Painting.
NOW, THEREFORE, BE IT RESOLVED
by the Mayor and Borough Council of the Borough of Barnegat Light,
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 George Koustas Painting for additional work and materials at the Coast Guard Building, to provide for an increase of the contract price from $222,890.00 to $227,215, an increase of $4325 in the contract price, consisting of the removal of front steps and replacement with a brick paver platform, and an extension of the brick walkway to the 7th Avenue sidewalk. 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.
2. That a Certificate of Availability of Funds, executed by the Chief Financial Officer is annexed hereto. The following line item appropriations or ordinance constitute the availability of funds for this contract:
Bond Ordinance No. 2006-003
Bond Ordinance No. 2002-002
3. That a certified copy of this resolution shall be forwarded to the Chief Financial Officer, the Borough Project Manager and George Koustas Painting.
DATED: SEPTEMBER 19, 2007
MOTION: REYNOLDS
SECOND: HOWARD
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WARR
NAYS: NONE
ABSENT: MORRISON ABSTAIN: NONE
RESOLUTION 07-106
RESOLUTION OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE CONTRACT WITH STEALTH FIRE PROTECTION LLC FOR ADDITONAL FIRE SUPPRESSION SYSTEM COSTS AT THE COAST GUARD BUILDING.
WHEREAS, a contract was previously awarded for the Fire Suppression System Construction Project at the Coast Guard Building to Stealth Fire Protection LLC, at the price of $23,725.00 in April 2003; and
WHEREAS, the Mayor and Borough Council wish to authorize a change order to provide for additional costs consisting of changes since the original price quotes were received, due to delays not caused by the contractor; and
WHEREAS, this change order which will result in an increase in the contract price in the amount of $675.00; and
WHEREAS, the change order has been recommended by the Borough Project Manager 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 Stealth Fire Protection LLC.
NOW, THEREFORE, BE IT RESOLVED
by the Mayor and Borough Council of the Borough of Barnegat Light,
1. That the Mayor and Borough Council of the Borough of Barnegat Light do hereby authorize the execution of a Change Order to the contract with Stealth Fire Protection LLC for additional costs consisting of changes since the original price quotes were received, due to delays not caused by the contractor, for the Fire Suppression System at the Coast Guard Building, to provide for an increase of the contract price from $23,725.00 to $24,400.00, an increase of $675 in the contract price. The Mayor and Borough Clerk are hereby authorized to execute a Change Order for the same, a copy of which is attached hereto & is incorporated herein by reference.
2. That a Certificate of Availability of Funds, executed by the Chief Financial Officer is annexed hereto. The following line item appropriations or ordinance constitute the availability of funds for this contract:
Bond Ordinance No. 2006-003
Bond Ordinance No. 2002-002
3. That a certified copy of this resolution shall be forwarded to the Chief Financial Officer, the Borough Project Manager and Stealth Fire Protection LLC.
DATED: SEPTEMBER 19, 2007
MOTION: SPARK
SECOND: MIKULETZKY
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WARR
NAYS: NONE
ABSENT: MORRISON ABSTAIN: NONE
PROCLAMATION: On a motion by Reynolds, seconded by Mikuletzky and carried by all, Declaring September 17 through 23 as Constitution Week.
ORDINANCES: SECOND
ORDINANCE 07-010
AN ORDINANCE OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 114 OF THE BOROUGH CODE, ENTITLED “LITTERING,” TO PROVIDE FOR THE REGULATION OF DUST CREATED BY BRICK CUTTING.
The Clerk read the above by title and number and the mayor asked for a motion to open to the public. Reynolds so moved, seconded by Howard and carried by all. There were no comments, Warr moved to close, seconded by Reynolds and carried by all. Spark moved , seconded by Mikuletzky, to adopt.
MOTION: SPARK
SECOND: MIKULETZKY
VOTE: AYES: SPARK, MIKULETZKY, WARR, REYNOLDS, HOWARD
NAYS: NONE
ABSENT: MORRISON ABSTAIN: NONE
FIRST
ORDINANCE 07-011
AN ORDINANCE OF THE BOROUGH OF
BARNEGAT LIGHT,
The Clerk read the above by title and number and the Mayor announced it is time to consider same for passage on first reading according to law. Howard so moved, seconded by Reynolds and carried by all.
MOTION: HOWARD
SECOND: REYNOLDS
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WARR
NAYS: NONE
ABSTAIN: NONE ABSENT: MORRISON
ORDINANCE 07-012
AN ORDINANCE OF THE BOROUGH OF BARNEGAT LIGHT, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 64 OF THE BOROUGH CODE, ENTITLED “BOATING”, TO REVISE THE BOAT SLIP FEES.
The Clerk read the above by title and number and the Mayor announced it is time to consider same for passage on first reading according to law. Spark so moved, seconded by Howard and carried by all.
MOTION: SPARK
SECOND: HOWARD
VOTE: AYES: SPARK, MIKULETZKY, REYNOLDS, HOWARD, WARR
NAYS: NONE
ABSENT: MORRISON ABSTAIN: NONE
CORRESPONDENCE: NONE
THERE BEING NO FURTHER BUSINESS BEFORE THE COUNCIL, ON A MOTION BY MR. MIKULETZKY, THE MEETING WAS CLOSED.
APPROVED:
MAYOR GAIL J. WETMORE
MUNICIPAL CLERK