HARVEY CEDARS, NJ January 17, 2006
The regular meeting of the Board of Commissioners of the Borough of Harvey Cedars, NJ was called to order by Mayor Oldham at 4:32pm who stated to the best of his knowledge all requirements of the State Sunshine Law had been met. Commissioners Gerkens and Garofalo and Board Attorney John Cerefice were present.
The Mayor asked all to rise for the Pledge of Allegiance.
Motion to approve the minutes of the previous meeting, January 6, 2006, 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 AMENDING CHAPTER 5 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “ALCOHOLIC BEVERAGE CONTROL”
(Increase liquor license fee 20%)
A copy of the full ordinance as introduced is attached hereto and made a part hereof.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
The Mayor read the following ordinance by title and number and asked for a motion to introduce.
AN ORDINANCE OF THE BOROUGH OF HARVEY CEDARS AUTHORIZING THE MUNICIPALITY IN PREPARING ITS 2006 BUDGET TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK
A copy of the full ordinance as introduced is attached hereto and made a part hereof.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
The Mayor read the following budget resolution.
RESOLUTION #2006-009: INTRODUCTION OF MUNICIPAL BUDGET FOR 2006 TO BE READ BY TITLE ONLY
Municipal Budget of the Borough of Harvey Cedars, County of Ocean for the Fiscal Year 2006.
BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2006.
BE IT FURTHER RESOLVED that said budget be published in the Beach Haven Times in the issue of January 25, 2006.
A hearing on the Budget and Tax Resolution will be held at the Municipal Building, 7606 Long Beach Blvd., Harvey Cedars on Tuesday, February 21, 2006 at 4:30pm at which time and place objections to said Budget and Tax Resolution for the year 2006 may be presented by taxpayers or other interested persons.
Commissioner Garofalo summarized the budget numbers: the municipal budget appropriations for 2006 are $3,467,063.60, an increase of $202,769.15 over the 2005 appropriations, a 6.21% increase. Even though there is a 3.5% cap, there are certain items outside of the cap: $100,000 to pay down short term debt, $75,000 in capital projects (outlay), and $45,000 in the capital improvement fund.
The assessed value of Harvey Cedars increased 29.5% over last year; almost $310 million dollars. This value sets the municipal tax rate at 17.9 cents; a decrease of 1.8 cents from last year. This means a million dollar home would pay $1,790 in municipal taxes or about $35 a week for municipal services such as police, beach maintenance, garbage, etc. The projected total tax rate (school and county budgets are not done) for Harvey Cedars is about 69.6 cents; a drop of almost 13.5 cents from last year’s rate of 83 cents. This will give some people relief, while waterfront properties may have an increase.
Motion to adopt the budget: Commissioner Gerkens
Second: Commissioner Garofalo
Vote: Ayes – Oldham, Gerkens, Garofalo
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-010: AUTHORIZING THE FILING OF APPEALS AND COMPLAINT FORMS WITH OCEAN COUNTY BOARD OF TAXATION
WHEREAS from time to time the Tax Assessor discovers an error in calculation, transposing, measurement, or typographical errors, in the tax assessments on the tax list after the time the County Board of Taxation has certified the tax rates for the tax year or a property becomes subject to a roll-back assessment; and
WHEREAS the governing body of the Taxing District of the Borough of Harvey Cedars is desirous that every taxpayer pays his fair share of taxes; and
WHEREAS if the above discovered errors are not corrected or a roll-back assessment not applied, the taxpayers affected would not be paying their fair share of taxes; and
WHEREAS the method for correcting such errors is to file a Petition of Appeal or Complaint with the Ocean County Board of Taxation.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Taxing District of the Borough of Harvey Cedars that the Tax Assessor or Municipal Attorney is hereby authorized to act as the agent for the Taxing District during the year of 2006 and file a Petition of Appeal of Complaint with the Ocean County Board of Taxation to correct such assessments to the proper value and that a copy of any Petition of Appeal or Complaint filed with the Ocean County Board of Taxation under this Resolution be filed with the Municipal Clerk.
BE IT FURTHER RESOLVED that the Tax Assessor or Municipal Attorney is hereby authorized to execute stipulations of settlement on any tax appeal or complaint filed by the taxing district or by a taxpayer in the tax year 2006; and
that a certified copy of this Resolution be forwarded to the Ocean County Board of Taxation with any such Petition of Appeal.
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 #2006-011: TRANSFER OF FUNDS
WHEREAS the date of this resolution is within the last two months of the calendar year 2005, and the first three months of the calendar year 2006; and
WHEREAS N.J.S.A. 40A:4-58 provides for the making of transfers between budget appropriations during the five month period beginning November.
NOW, THEREFORE BE IT RESOLVED, (Not less than two-thirds of all members of the governing body affirmatively confirming) that the following transfers be and the same hereby are made between budget appropriations accounts in the 2005 budget.
|
CURRENT |
FROM: |
TO: |
|
Director Public Affairs oe 01-203-20-110-020 |
250.00 |
|
|
Director Revenue & Finance 01-203-20-111-020 |
350.00 |
|
|
Police oe 01-203-25-240-010 |
|
350.00 |
|
Board of Adjustment oe 01-203-21-185-020 |
|
250.00 |
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 #2006-012: AUTHORIZING THE BOROUGH OF HARVEY CEDARS TO ENTER INTO AN AGREEMENT WITH STAFFORD TOWNSHIP FOR ANIMAL CONTROL SERVICES
WHEREAS the Interlocal Services Act, NJSA 40:8A-1 et seq., authorizes interlocal government agreements for services between municipalities; and
WHEREAS the Borough of Harvey Cedars is in need of animal control services and the Township of Stafford has an animal control program.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars that the Mayor of the Borough of Harvey Cedars is authorized to enter into an animal control services contract with the Township of Stafford commencing January 1, 2006 and ending December 31, 2006.
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 #2006-013: AUTHORIZING AMENDMENT TO THE INTERLOCAL CONSTRUCTION CODE SERVICE AGREEMENT
WHEREAS the Borough of Harvey Cedars entered into an Interlocal Services Agreement with the Boroughs of Beach Haven, Surf City and Barnegat Light for the provision of Construction Code Services; and
WHEREAS certain changes need to be made to this agreement by amendments to employee wages and benefits.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars that the attached contract agreements are hereby approved effective January 1, 2006 and copies of the Resolution shall be sent to the Boroughs of Beach Haven, Surf City and Barnegat Light.
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 #2006-014: DESIGNATING THE MUNCIPAL PROSECUTOR FOR THE YEAR 2006
WHEREAS pursuant to Resolution #2006-005 passed on January 6, 2006, Lionel Simon, III was appointed municipal prosecutor for the Borough of Harvey Cedars; and
WHEREAS Mr. Simon has been appointed by the Governor to serve as a Workers Compensation Judge and will be unable to accept the municipal prosecutor’s appointment; and
WHEREAS the Board of Commissioners of the Borough of Harvey Cedars, has determined that it should designate a new municipal prosecutor and believes that this service can be best provided by Douglas W. Jones, Jr. of the firm Citta, Holzapfel & Zabarsky; 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 this service of municipal prosecutor 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 Douglas W. Jones, Jr. be retained, upon receipt of a properly executed Business Entity Disclosure Certification form, by the Borough of Harvey Cedars as Municipal Prosecutor for a period commencing January 1, 2006 and ending December 31, 2006 at the rate of $325.00 per session.
BE IT FURTHER RESOLVED that a copy of this resolution shall be forwarded to
Douglas W. Jones, Jr., Esquire
Citta, Holzapfel & Zabarsky
248 Washington Street
PO Box 4
Toms River, NJ 08754
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
REPORTS FROM COMMISSIONERS:
Commissioner Gerkens –
· A meeting is being setup with DEP regarding the tidelands licenses for the docks.
· We are looking at new playground equipment for the park.
Mayor Oldham –
· A meeting will be set with the DEP regarding the beach easement deeds.
· Former Commissioner of Long Beach Township Peter Murphy passed away. Our condolences go out to his family.
PRIVILEGE OF THE FLOOR –
Susan Lewis, 10 E. 83rd Street, representing the Taxpayers Association, asked the following questions:
1. If questions are not answered at a board meeting, can the answers be put on the Borough’s website?
Commissioner Gerkens and Board Attorney John Cerefice said that in the past individual questions have been addressed individually, but if a question is asked from the Taxpayers Association as a group and not answered at a public meeting, the Borough can email the progress of the answer to the Association.
2. 100% of your activities should be directed towards the beach replenishment project, not fixing something that is not broken. What are you doing and when will all the deeds be sent?
John Cerefice replied that all the deeds were sent out over a month ago at the same time. He said not all oceanfront owners own to the mean high water line, therefore, not all oceanfront owners will receive a deed. Only 83 deeds are needed in Harvey Cedars. Mayor Oldham added that everyone that the federal and state agencies determined needed to sign a deed, has received a deed. John Cerefice said that the Commissioners can not spend 100% of their time on only one issue; they have to pass a budget, run departments, maintain the infrastructure, etc. Commissioner Gerkens added that the Borough is constrained by the pace of everyone else working on the beach replenishment project.
3. The 78th Street store’s deck is falling down and is an eyesore. Can anything be done officially?
John Cerefice said that officially the governing body cannot do anything; it is between the neighbors, unless the property was a lot worse (than an eyesore, such as condemnable).
4. Is it possible to lower taxes on non-buildable oceanfront lots since they are without any real value?
Mayor Oldham said the property can be donated to the Borough and the owner would receive a tax benefit for at least the assessed value. John Cerefice said only the tax assessor can lower the tax assessment; the tax collector cannot lower the tax rate. Commissioner Gerkens said the assessor’s function is totally independent from the governing body and the Commissioners cannot ask to lower a value or taxes. Sharon Sulecki, Tax Collector, said that the property owner has the right to appeal the assessment annually by April 1st; every January, property owners receive an assessment card that provides their assessment and the appeal process.
5. Does the beach replenishment project require Harvey Cedars to install more bathrooms and parking?
Commissioner Garofalo said that those issues affect Loveladies and North Beach where access points are needed every quarter to half mile; Harvey Cedars has enough streets for access and parking. Commissioner Gerkens said Harvey Cedars has bathrooms almost every half mile; one at Sunset Park, the bay beach and Borough Hall.
6. If someone wants to remodel their home, such as their kitchen, do they have to comply with the current regulations?
Mayor Oldham said that it depends on the extent of remodeling. John Cerefice said that if the work being done is in excess of 50% of the assessed value of the home, then the homeowner must comply with the FEMA flood regulations. Mayor Oldham concluded that if you are adding a room or changing the footprint, the zoning regulations would apply, but it depends on the plans.
Susan Lewis asked, personally, if she wanted to remodel by enclosing her garage area, how would that apply with the new regulations? John Cerefice, along with Mayor Oldham, explained that the gross floor area would have to be considered and it all depends on the plan of the house and property.
Mayor Oldham stated that he was glad to see Ms. Lewis attend the meeting to ask questions; the Board is always willing to explain things as much as possible. In response to some emails and feedback, he explained that the passing of ordinances is a matter of timing when they come up for adoption; the 2002 zoning ordinance, for example, which had more changes than this proposed (tabled) ordinance, was passed in July. Ordinances go through a process; they are reviewed by the Planning Board, Zoning Board, lawyers, engineers, etc. and take time. Their time of passage is not determined by the season. Commissioner Garofalo said the Commissioners do business year round and they are not unique in that respect from other shore towns; it would not be practical to schedule all business in the summer months. This is an average meeting (one resident, or less, and one reporter in attendance).
The Commissioners handed Ms. Lewis a comparison sheet describing the current zoning ordinance vs. the proposed zoning ordinance and discussed the two major changes of structure height and exterior vertical wall limits. The Borough emailed this comparison to residents and placed it on the Borough’s website.
Motion to adjourn: Commissioner Gerkens
Second: Commissioner Garofalo
Meeting adjourned at 5:11pm.
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Jonathan Oldham, Mayor
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Judith Gerkens, Commissioner
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Michael Garofalo, Commissioner