HARVEY CEDARS, NJ January 6, 2006
The regular meeting of the Board of Commissioners of the Borough of Harvey Cedars, NJ was called to order by Mayor Oldham at 4:34pm who stated to the best of his knowledge all requirements of the State Sunshine Law had been met. Commissioners Gerkens and Garofalo were present. Board Attorney John Cerefice was absent.
The Mayor asked all to rise for the Pledge of Allegiance.
Motion to approve the minutes of the previous meeting, December 20, 2005, was made by
Commissioner Garofalo, seconded by Commissioner Gerkens.
Motion to approve the minutes of the special meeting held on January 3, 2006 was made by Commissioner Gerkens, seconded by Commissioner Garofalo.
Motion to approve the Board of Commissioner’s worksession and executive minutes for the year 2005 was made by Commissioner Gerkens, seconded by Commissioner Garofalo.
The Mayor read the following ordinance by title and number and asked for a motion to introduce.
AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 9 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “STORMWATER REGULATIONS”
A copy of the ordinance is attached hereto and made a part hereof.
Motion to adopt: Commissioner Gerkens
Second: Commissioner Garofalo
Vote: Ayes – Oldham, Gerkens, Garofalo
The Mayor read the following ordinance by title and number and asked for a motion to introduce.
AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 3 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “POLICE REGULATIONS”
(Wildlife feeding)
A copy of the ordinance is attached hereto and made a part hereof.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
Vote: Ayes – Oldham, Garofalo, Gerkens
The Mayor read the following ordinance by title and number and asked for a motion to introduce.
AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 18 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “RECYCLING”
A copy of the ordinance is attached hereto and made a part hereof.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
Vote: Ayes – Oldham, Gerkens, Garofalo
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-002: PERMITTING PRE-PAYMENT OF CERTAIN ITEMS
WHEREAS the Borough of Harvey Cedars has budgeted funds for 2006 for payment of utilities, payroll, debt service, governmental fees, insurances, and mailing costs of the Borough; and
WHEREAS the payment of these items frequently arrives out of time for placement on the next available bill list and thereby inadvertently placing these bills in arrears.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars that the Chief Financial Officer is hereby authorized to make pre-payments of the following fixed items prior to the same appearing on the meeting bill lists; such funds to be taken from the pre-budgeted amount for each such expenses for 2006:
1. Utilities (electric, gas and telephone).
2. Payroll.
3. Debt services as evidenced by pre-existing notes.
4. Health, dental, flood and other insurance premiums.
5. Federal, state, county, school fees and taxes.
6. Postage for tax bills, newsletters and other Borough mailings.
Motion to adopt: Commissioner Gerkens
Second: Commissioner Garofalo
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-003: AUTHORIZING APPLICATION FOR THE OCEAN COUNTY TOURISM GRANT FOR THE HARVEY CEDARS ACTIVITY COMMITTEE
WHEREAS certain County funds are potentially available to the Borough under the Ocean County Tourism Grant Fund; and
WHEREAS the Harvey Cedars Activity Committee desires to obtain funding through said grant for its summer events in Harvey Cedars.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars, County of Ocean, State of New Jersey, that the Harvey Cedars Activity Committee is authorized to submit the application for the 2006 Ocean County Tourism Grant.
Motion to adopt: Commissioner Gerkens
Second: Commissioner Garofalo
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-004: AUTHORIZING THE CLERK’S OFFICE TO MAINTAIN A PETTY CASH FUND IN THE AMOUNT OF $100.00
WHEREAS N.J.S.A. 40A: 5-21 authorizes the establishment of a Petty Cash Fund for the Clerk’s Office of the Borough of Harvey Cedars; and
WHEREAS said Petty Cash Fund was established by resolution dated May 20, 2003 by the Commissioners of the Borough of Harvey Cedars; and
WHEREAS said Petty Cash Fund received approval of the Director of Local Government Services on July 23, 2003; and
WHEREAS it is the desire of the Commissioners that said fund be continued under the direction of the Clerk.
NOW, THEREFORE, BE IT RESOLVED ON THIS 6th day of January, 2006 by the Board of Commissioners of the Borough of Harvey Cedars, County of Ocean, State of New Jersey that:
1. During the year 2006, Daina Dale, Municipal Clerk, be and is hereby authorized and permitted to establish a Petty Cash Fund in the amount not to exceed $100.00 pursuant to the provisions of N.J.S.A. 40A:5-21. Said Petty Cash Fund will be used by such office or department to pay claims for small miscellaneous expenses.
2. Daina Dale, Municipal Clerk, having custody of the Fund be bonded in an amount not less than $1,000.00 and will maintain said fund in accordance with the laws and regulations governing its operation.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-005: DESIGNATING PROFESSIONAL SERVICES FOR THE YEAR 2006
WHEREAS the Board of Commissioners of the Borough of Harvey Cedars, County of Ocean, State of New Jersey has determined that it should hire a borough attorney, bond counsel, prosecutor, alternate prosecutor, auditor, engineer and public defender; and
WHEREAS the Board of Commissioners believes that these services can be best provided by
John W. Cerefice, Esquire
4306 Long Beach Blvd., Brant Beach, NJ 08008;
248 Washington St., Toms River, NJ 08754;
Joseph D. Coronato, Esquire
12 Madison Avenue, Toms River, NJ 08754;
Robert Allison of the firm Hutchins, Laezza, Farrell & Allison
512 Main St., Toms River, NJ 08754;
Frank Little, P.E. of the firm Owen, Little & Associates
442 Atlantic City Blvd., Beachwood, NJ 08722;
Russell P. Cherkos, Esquire
620 West Lacey Road, Forked River, NJ 08731; and
WHEREAS said contracts for professional services need not be bid under the Local Public Contract Law of the State of New Jersey; and
WHEREAS the Borough of Harvey Cedars deems it necessary to employ the services of an attorney, labor attorney, bond counsel, prosecutor, alternate prosecutor, auditor, engineer and public defender commencing January 1, 2006 and ending December 31, 2006 or until a successor is named, whichever occurs later.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars that the following professionals be retained by the Borough of Harvey Cedars, upon receipt of a properly executed Business Entity Disclosure Certification form, for a period commencing January 1, 2006 and ending December 31, 2006 and the following fees are set for said professionals per quotes received by the Borough:
1. John W. Cerefice, Esq. as Borough Attorney.
· $150.00 per hour/per Borough meeting
2. DeCotiis, FitzPatrick, Cole & Wisler, LLP as Bond Counsel
· $75.00 - $250.00 per hour / service dependent
3. Lionel Simon, III, Esq. as Prosecutor.
· $325.00 per session
4. Joseph D. Coronato, Esq. as Alternate Prosecutor.
· $275.00 per session
5. Robert Allison, CPA as Municipal Auditor.
· $30,750.00
6. Frank J. Little, P.E. as Municipal Engineer.
· $105.00 per hour
7. Russell P. Cherkos, Esq. as Public Defender.
· $175.00 per case
8. A copy of the resolution shall be forwarded to the appointed professionals.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-006: AUTHORIZATION OF CONTRACT FOR CDL DRUG & ALCOHOL PROGRAM FOR 2006
WHEREAS the Board of Commissioners of the Borough of Harvey Cedars in the County of Ocean, State of New Jersey wishes to retain the services of Commerce Risk Control Services, 1701 Route 70 East, PO Box 1360, Cherry Hill, NJ 08034, to conduct the 2006 CDL Random Drug and Alcohol Program for the sum of $61.55 per CDL holder or other participants; and
WHEREAS the said contract is for professional services and need not be bid under the local contract law of the State of New Jersey.
NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Borough of Harvey Cedars is authorized to enter into a contract with Commerce Risk Control Services for the foregoing services.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Commerce Risk Control Services and the Harvey Cedars Chief Finance Officer.
Motion to adopt: Commissioner Gerkens
Second: Commissioner Garofalo
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-007: AUTHORIZING THE RENEWAL AND EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT BY AND BETWEEN THE BOROUGH OF HARVEY CEDARS, THE BOROUGH OF BARNEGAT LIGHT, THE BOROUGH OF SURF CITY, THE BOROUGH OF SHIP BOTTOM AND THE TOWNSHIP OF LONG BEACH UNDER THE INTERLOCAL SERVICES ACT NJSA 40:8A-1 ET SEQ. DESIGNATING THE TOWNSHIP OF LONG BEACH AS THE LEAD AGENCY FOR THE RETENTION OF A LOBBYIST TO LOBBY THE CONGRESS OF THE UNITED STATES TO PROVIDE FUNDING FOR THE US ARMY CORPS OF ENGINEERS’ BEACH PROTECTION AND MAINTENANCE PROJECT
WHEREAS the Interlocal Services Act NJSA 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 the Borough of Harvey Cedars entered into such an agreement for 2004/2005 with the Borough of Barnegat Light, the Borough of Surf City, the Borough of Ship Bottom and the Township of Long Beach for the retention of Winning Strategies, a lobbyist to lobby the Congress of the United States to provide funding for the US Army Corps of Engineers’ beach protection and maintenance project for Long Beach Island; and
WHEREAS the aforementioned municipalities wish to renew the Interlocal Services Agreement and continue their unified effort regarding the Beach Protection Project and retention of a professional lobbyist to help secure the necessary federal funds for the Project to move forward.
NOW, THEREFORE, BE IT AGREED by the Borough of Harvey Cedars:
1. The mayor and municipal clerk of the Borough of Harvey Cedars shall be and are hereby authorized and directed to enter into and execute an Interlocal Services Agreement for 2006 in the form herein attached as Exhibit A.
2. A copy of the Agreement shall further remain on file and be available for public inspection at the office of the Municipal Clerk located at the Borough of Harvey Cedars Municipal Building, 7606 Long Beach Blvd., Harvey Cedars, New Jersey 08008.
3. This resolution shall take effect immediately upon final adoption.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
The Mayor read the following resolution by title only and asked for a motion to adopt.
A copy of the resolution is attached hereto and made a part hereof.
Motion to approve the bills for payment: Commissioner Garofalo
A motion to approve the use of Long Beach Blvd. to the SOCH Foundation for a biathlon fundraiser on Saturday, April 22, 2006 at 9:30am was made by Commissioner Gerkens, seconded by Commissioner Garofalo.
REPORTS FROM COMMISSIONERS:
Commissioner Garofalo –
· The Finance Department is progressing nicely on the 2006 budget considering the difficulties associated with adhering to the cap.
Commissioner Gerkens –
· Public Works is working on a new fence in the park. Half of it will be replaced this year, and the other half next year. They are also building new lifeguard stands.
· The beaches took a hit this nor’easter; the Army Corps’ pile of sand is smaller (Salem to Cumberland project), but that area still has more beach than its neighboring beaches. Pictures were taken of the beach after this storm and will be posted on the website along with all the other storm pictures.
· Public Works continues to push sand when possible; this past week were high tides during working hours, which made it difficult to move sand; hopefully it will improve.
Mayor Oldham –
· There have been a lot of calls about the sand that was just placed on the beach; a lot of it is gone, but as Commissioner Gerkens said, there is some there and that area looks better than other beaches. We are very grateful for the sand project. The storms have not been that significant and sand can still come back as tides change. We are still looking forward to the federal beach project, which will start this summer in Surf City and Ship Bottom.
REPORT FROM THE ASSESSOR:
Bernard Haney, Tax Assessor for the Borough of Harvey Cedars, gave his status report on the revaluation and assessment procedures. He said that the reassessment in the Borough is complete, and he is happy to report the goal that was set for the reassessment program was accomplished. The ratio of assessment to market value coming out of the 2004 revaluation was approximately 120% (due to the formula used by the County in revaluations/reassessments). In 2005 the Borough dropped to 102% and in 2006 the Borough would have been at an 82% ratio. If the reassessment was not performed this year, the tax rate would have spiked which was ultimately avoided by the undertaking of this project.
The outcome of the project is that approximately $300,000,000 was added to the Borough’s ratable base. As of this moment, the Borough is still on track with the program continuing as long as the real estate market continues at the current rate. As has been discussed, the purpose of this program is to avoid spikes in the tax rate, and Mr. Haney believes that this is being done.
PRIVILEGE OF THE FLOOR –
Wendy Chambers, 13 East 75th Street, said that at the previous meeting Board Attorney John Cerefice said that if Harvey Cedars received all their deeds signed, that the beach project would not be done in Harvey Cedars alone. Ms. Chambers said she spoke with Bill Dixon and John Garofalo from the DEP and they said yes it can be done and that the money needs to be spent this year. She suggested, since she has gotten a lot of press releases for concerts in New York City, that she could draft a letter to help the Borough get the easements signed, and it could be combined with what the Borough was going to send to those property owners. Ms. Chambers showed the Board pictures she had taken of the beaches between 72nd and 86th Streets after the recent nor’easter. She said she will give the Clerk a CD of the photos. She also handed the Mayor the letter she drafted and asked him to read it out loud. Before the Mayor read the letter, he stated that he agreed with Ms. Chambers about what the DEP had told her about the project. The Mayor read the letter into the record:
“Please do not put this letter down to think about later.
Please sign the enclosed easement TODAY so that we can possibly get the Harvey Cedars beaches replenished THIS YEAR.
The beaches here are in very bad shape. There has been a great deal of EXTRA erosion partly due to the changes in weather and the increased number of hurricanes. Although we were not directly hit by any hurricanes in 2005, remnants of many of the storms did affect our beaches. Please do not ignore the change in climate and think that things will be the same as they were in the past. The debate is NOT whether the climate has changed but rather if the change in climate is due to human activities. It's a FACT that ocean temperatures are warmer.
If you have any concerns or questions that you need answered about the project, the Coastal Department of Engineering in Toms River will WELCOME your call. You can contact Bill Dixon at 732-255-0767 or John Garofalo at 732-255-0770.
Plans are on file at the Harvey Cedars Borough Hall.
If you are reluctant to sign the easement
please contact someone at the Borough Hall to discuss what would make you feel
more comfortable to enable you to sign it.
The Beach Replenishment Project is slated to begin this year in Ship Bottom and
Surf City. However, if either town is unable to get all of their easements
signed it is VERY likely that the beaches in Harvey Cedars can be done first
(THIS year) if ALL of our easements are signed. The monies allocated for 2006
will HAVE to be spent by the end of this year. If these monies are not spent by
the end of the year the future of the whole project is in jeopardy. There is
also no guarantee that monies will be allocated again next year even if the
initial part of the project proceeds as planned.
I am an oceanfront homeowner in Harvey Cedars. This home has been in my family since 1969 and it's my primary residence and I would be devastated to lose it.
I am also a part time resident of New Orleans and own property there. I have
been deeply affected by this and have shed many a tear.
Please help me save my house as well as your own.
Sincerely, Wendy Mae Chambers”
Ms. Chambers asked if the Borough will send her letter. The Mayor and Commissioner Garofalo said they will review the letter together and possibly incorporate parts of it with the Borough’s follow up letter.
Mr. Joe Krug, 44 West 80th Street, asked if permission was granted by anyone for the filling of the fishing hole project the DEP did last year in the bay. The Mayor said the only permission granted was by DEP permits. The Mayor said the Borough would have liked to have that fill used on the beaches, or at least fill the hole with dredge material from Harvey Cedars’ channels. Commissioner Gerkens added that the Borough was not even told about the project before it began.
Motion to adjourn: Commissioner Garofalo
Second: Commissioner Gerkens
Meeting adjourned at 5:00pm.
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Jonathan Oldham, Mayor
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Judith Gerkens, Commissioner
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Michael Garofalo, Commissioner