HARVEY CEDARS, NJ February 3, 2006
The regular meeting of the Board of Commissioners of the Borough of Harvey Cedars, NJ was called to order by Mayor Oldham at 4:35pm who stated to the best of his knowledge all requirements of the State Sunshine Law had been met. Commissioners Gerkens and Garofalo were present.
The Mayor asked all to rise for the Pledge of Allegiance.
Motion to approve the minutes of the previous meeting, January 17, 2006, was made by
Commissioner Gerkens, seconded by Commissioner Garofalo.
Motion to approve the minutes of the special meeting, January 26, 2006, was made by
Commissioner Gerkens, seconded by Commissioner Garofalo.
The Mayor read the following ordinance by title and number and stated that proof of publication is on hand and the ordinance has been posted.
AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 9 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “STORMWATER REGULATIONS”
Motion to open public discussion: Commissioner Garofalo
Second: Commissioner Gerkens
Commissioner Gerkens stated that this ordinance was mandated by the State.
Eric Gulotta, 20 Warwick Ave., said the water on his street does not reach the storm drain. Commissioner Gerkens said that when the street was paved the pitch was correct, but since has settled. She will speak with the Superintendent about it.
Joe Krug, 44 W. 80th Street, stated there was a drainage problem at the end of Maiden Lane. The Board is aware of the situation and the only solution is to put a drain in an easement, but the property owner would not allow it. Commissioner Gerkens said she will check with the borough engineer again for other options.
Motion to close public discussion: Commissioner Garofalo
Second: Commissioner Gerkens
Motion to adopt: Commissioner Gerkens
Second: Commissioner Garofalo
Vote: Ayes – Oldham, Gerkens, Garofalo
A copy of the full ordinance as adopted is filed in the ordinance book.
The Mayor read the following ordinance by title and number and stated that proof of publication is on hand and the ordinance has been posted.
AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 3 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “POLICE REGULATIONS”
(Wildlife feeding)
Motion to open public discussion: Commissioner Gerkens
Second: Commissioner Garofalo
Commissioner Gerkens said this was another stormwater regulation to limit the non-point source pollution.
Motion to close public discussion: Commissioner Gerkens
Second: Commissioner Garofalo
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
Vote: Ayes – Oldham, Gerkens, Garofalo
A copy of the full ordinance as adopted is filed in the ordinance book.
The Mayor read the following ordinance by title and number and stated that proof of publication is on hand and the ordinance has been posted.
AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 18 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “RECYCLING”
Motion to open public discussion: Commissioner Garofalo
Second: Commissioner Gerkens
Commissioner Gerkens said there were some minor changes to this ordinance that were not published:
· Recycling centers do not take grass clippings; therefore, grass clippings are removed from the yard waste definition.
· Newspapers can not be placed in brown bags, only cardboard; therefore the section describing the placement of newspapers and cardboard has been corrected.
Motion to close public discussion: Commissioner Garofalo
Second: Commissioner Gerkens
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
Vote: Ayes – Oldham, Gerkens, Garofalo
A copy of the full ordinance as adopted is filed in the ordinance book.
The Mayor read the following ordinance by title and number and stated that proof of publication is on hand and the ordinance has been posted.
AN ORDINANCE AMENDING CHAPTER 5 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “ALCOHOLIC BEVERAGE CONTROL”
Motion to open public discussion: Commissioner Gerkens
Second: Commissioner Garofalo
Commissioner Garofalo stated the increase of 20% for licenses is the maximum annual increase allowed by the State.
Motion to close public discussion: Commissioner Gerkens
Second: Commissioner Garofalo
Motion to adopt: Commissioner Gerkens
Second: Commissioner Garofalo
Vote: Ayes – Oldham, Garofalo, Gerkens
A copy of the full ordinance as adopted is filed in the ordinance book.
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-016: AUTHORIZING REFUND OF CONSTRUCTION FINE
WHEREAS James Fritz, 1 West 82nd Street, was issued a construction fine for an unsafe structure on October 17, 2005; and
WHEREAS the fee for said fine was paid in the amount of $500.00 to the Borough of Harvey Cedars; and
WHEREAS a police report was filed and said construction violation was determined to be of no fault of James Fritz; and
WHEREAS Mr. Fritz is requesting a refund of said fine; and
WHEREAS it is in the opinion of the Harvey Cedars Construction Official that said fine should be refunded.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars to issue a refund in the amount of $500.00 to James Fritz, 1 West 82nd Street, upon receipt of a properly executed payment voucher.
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 #2006-017: APPROVING THE CERTIFIED LIST OF ALL VOLUNTEER MEMBERS WHO QUALIFIED FOR CREDIT UNDER THE LOSAP PROGRAM FOR THE YEAR 2005
WHEREAS Ordinance #2001-08 of the Borough of Harvey Cedars implemented the Length of Service Award Program (LOSAP) for the High Point Volunteer Fire Company and was passed by voters by a referendum on November 6, 2001; and
WHEREAS pursuant to NJSA 40A:14-191, emergency service organizations participating in a Length of Service Award Program (LOSAP) shall annually certify to the sponsoring agency a list of all volunteer members who have qualified for credit under the LOSAP program for the previous year; and
WHEREAS the Governing Body has received and reviewed such certified list from the President of the High Point Volunteer Fire Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars as follows:
1. Per the certified list received, the following High Point Volunteer Fire Company members are hereby approved to receive the 2005 LOSAP award:
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Paul Ash |
David Mansfield |
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Arthur Ballinger |
Jason Marti |
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Arthur J. Ballinger |
Justin Marti |
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Douglas Ballinger |
Sean Marti |
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Nicholas Ballinger |
Christopher Oldham |
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William Bartholomew |
Jonathan Oldham |
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Robert Burnaford |
Ronald Ott |
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Richard Cieslinski |
John Vosseller |
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Nicholas Englebert |
Andrew Wahlberg |
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Robert Federicci |
Michael Wolfschmidt |
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Brian Golla |
Scott Wolfschmidt |
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Richard Hathaway |
James Zimmerman |
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Stanley Madsen |
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Thomas Major |
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2. The amount each qualified member will receive for the 2005 LOSAP award is $620.00.
3. The certified list of members shall be posted at the office of the Municipal Clerk of the Borough of Harvey Cedars and at the High Point Volunteer Fire Company for a period of 30 days to allow sufficient time for membership review.
4. Appeals shall be mailed to the Municipal Clerk of the Borough of Harvey Cedars, PO Box 3185, Harvey Cedars, NJ 08008, and must be received within 30 days of the posting date of the approved certified list.
Commissioner Garofalo stated the Fire Company uses an annual point system to qualify for payment, but the Borough must budget for the possibility that all Fire Company members will qualify.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
Mayor Oldham stated that Long Beach Township does not do their part in supporting LOSAP. They are four years behind in LOSAP contributions; all the other towns on the island participate. Long Beach Township is the only town that does not have their own Fire Company.
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-018: AUTHORIZING THE BOROUGH OF HARVEY CEDARS TO ENTER INTO AN AGREEMENT WITH THE OCEAN COUNTY BOARD OF HEALTH FOR ANIMAL FACILITY SERVICES FOR THE YEAR 2006
WHEREAS the Interlocal Service Act, NJSA 40:8A-1, et. seq. authorizes two or more governmental entities to enter into a mutual service agreement for the provision of certain governmental services; and
WHEREAS Section 4 of P.L. 1973, c.208 (C.40:8A-4) has been amended and approved as Chapter 356 on January 5, 1996 to authorize that such agreements can be adopted by Resolution; and
WHEREAS it is the desire of the Board of Commissioners of the Borough of Harvey Cedars to authorize the execution of an agreement with the Ocean County Board of Health for animal facility services in accordance with the terms set forth in said Agreement.
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 Mayor and Municipal Clerk are hereby authorized to execute an Interlocal Government Services Agreement with the Ocean County Board of Health for animal facility services, a copy of which is attached hereto, in accordance with the provisions of law; and
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon 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.
RESOLUTION #2006-019: AUTHORIZING AN AGREEMENT FOR PAYMENT OF AN ANNUAL SERVICE CHARGE IN LIEU OF TAXES WITH THE SISTERS OF CHARITY FOR BLOCK 44 LOT 4 AND BLOCK 41.05 LOT 1
WHEREAS the Sisters of Charity of St. Elizabeth operates a non profit enterprise as defined in N.J.S.A. 54:4-3.6; and
WHEREAS pursuant to said statute, the municipality may authorize an agreement with the Taxpayer for the payment of an annual service charge in lieu of taxes for that properties known as Block 44 Lot 4 and Block 41.05 Lot 1, as shown on the Official Assessment Map of the Borough of Harvey Cedars; and
WHEREAS pursuant to said agreement, in lieu of taxes said Taxpayer shall make to the municipality the payment of an annual service charge for municipal services applied to the property in such amounts and in such manner as set forth in the agreement for payments in lieu of taxes; and
WHEREAS the Board of Commissioners has determined that such an agreement will benefit the Borough of 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, as follows:
1. That the properties known as Block 44 Lot 4 and Block 41.05 Lot 1 will be exempt from real property taxation as provided in N.J.S.A. 54:4-3.6 from the date of execution of the Agreement for Payment in Lieu of Taxes and that in lieu of taxes, said Taxpayer shall make payment to the municipality of an annual service charge for municipal services which are supplied to the property, in such amounts and in such manner as set forth in the agreement for payments in lieu of taxes, which is attached to this resolution.
2. The Board of Commissioners further authorizes the Commissioner of Revenue and Finance of the Borough of Harvey Cedars to execute, on behalf of the municipality, an agreement for payment in lieu of taxes in the form annexed to this agreement.
Motion to adopt: Commissioner Gerkens
Second: Commissioner Garofalo
Pam Liss, 7101 Long Beach Blvd., asked what the meaning of this resolution is. Commissioner Garofalo responded that only the chapel area of the Sisters’ property was exempt and the Sisters became eligible for tax exemption of the entire property. In lieu of paying taxes, this agreement authorizes the Sisters to pay a service charge, which will be the municipal portion of their property tax.
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 was made by Commissioner Garofalo, seconded by Commissioner Gerkens
Motion to open public discussion regarding applications to be submitted for funding consideration through the 2006 Ocean County Community Development Block Grant. Citizens and non-profit agencies are invited to comment on the proposed CDBG application listed below.
Motion: Commissioner Garofalo
Second: Commissioner Gerkens
PROJECT: Two (2) Handicap beach wheel chairs
AMOUNT: $3,600.00
The Board considered applying for another walkover to the beach, but decided it would be best to apply when there is no danger of losing the walkover (due to the beach erosion). The beach wheel chairs will benefit the residents and tourists of the Borough.
There were no public comments.
Motion to close public discussion: Commissioner Garofalo
Second: Commissioner Gerkens
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-021: AUTHORIZING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE BOROUGH OF HARVEY CEDARS
WHEREAS the Borough of Harvey Cedars has entered into an agreement with the County of Ocean, entitled “Agreement between the Municipalities located therein for the establishment of Cooperative Means of Conducting Certain Community Development Activities”; and
WHEREAS certain federal funds are potentially available to the Borough under Title 1 of the Housing and Community Development Block Grant Program; and
WHEREAS the Borough of Harvey Cedars desires to obtain funding for handicap beach wheel chairs for access to the Atlantic Ocean and other recreational areas within the Borough of 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, as follows:
1. This Governing Body does hereby authorize the 2006 project application for Ocean County Community Development Block Grant in the total amount of $3,600.00 for handicap beach wheel chairs for the Borough of Harvey Cedars.
2. The Mayor or Deputy Mayor is hereby authorized to sign and execute the application for the above purpose.
Motion to adopt: Commissioner Gerkens
Second: Commissioner Garofalo
PRIVILEGE OF THE FLOOR –
Members of the public present: Pam Liss, 7101 Long Beach Blvd., Eric Gulotta, 20 Warwick Ave., Tom Christopoul, 5419D Long Beach Blvd., Joe Krug, 44 W. 80th Street, Al Wright, 3 Cedars Ave., Clyde Neil, 6503 Holly Ave, John Gerkens, Zoning Officer, Jerry Falkowski, Police Chief.
Prior to this meeting, Pam Liss, representing the Harvey Cedars Taxpayers Association, emailed a list of questions for the Board to answer. She read aloud the questions:
Commissioner Garofalo said we have 22 of the 83 deeds signed; there is a mailing going out to the beachfront owners (Pam Liss received hers prior to the meeting) with questions and answers on the topics of bulkhead lines, property values, etc. and the mailing includes copies of maps specific to each property. Mayor Oldham said there will be a meeting scheduled with the DEP and property owners; another mailing will be going out shortly with that date.
A discussion pursued with the Board and the public regarding the beach replenishment project and the easement deeds. To follow is a summary of that discussion:
· The language and content of the deed are not negotiable.
· The Army Corps of Engineers will study the possibility of lowering the planned 20-foot height of the dune and increasing its width.
· One unsigned deed can stop the project.
· Eminent domain can be an issue, but Mayor Oldham recalled that the attorneys were the only winners when Long Beach Township needed to secure easements the last time sand was pumped in Loveladies. He summarized that when the second court ruling was in favor of the Loveladies’ homeowners (amount unknown), the outcome was that the Township paid the homeowner’s legal fees.
· At this time, the Commissioners are not entertaining eminent domain and will make every effort not to get to that point. They feel the Harvey Cedars homeowners will understand how much the project will benefit the town.
· The project is scheduled to begin this spring. If Harvey Cedars has all the deeds signed, the project could begin here. Mayor Oldham’s concern is that if Ship Bottom, Surf City and Harvey Cedars do not get them signed, the money will go to Mississippi; this money is only appropriated for this year. The Mayor said that Congressman Saxton worked hard to get these funds for us; if we don’t use them, we might not get them again.
· The ¼ mile rule of bathrooms set by the DEP is left up to interpretation. The federal rule is a bathroom every ½ mile. The DEP says no one should have to walk more than a ¼ mile to a bathroom. The Borough Engineer’s opinion is that Harvey Cedars is very close to meeting the criteria, and if it doesn’t, it will be figured out. Harvey Cedars is probably the only town on the island that already has public restrooms.
· The Mayor concluded by stating that the State has been and continues to be very elusive. The State has put nothing in writing about the project. He asked for something in writing for the liability issues and has received nothing. It took the State 2.5 years to come up with the easement language, and even when the first 2 deeds were received for the little project (Salem to Cumberland), they wanted to change it.
Commissioner Gerkens said it is a very large project that started late, but the Borough has an experienced and reputable contractor. She summarized:
· 80th Street is totally hooked up except for stabilizing the trench.
· Mains were just finished on all the roads down to Bergen Ave. The mains were tested (flush, sterilize, pressure test, etc.) from the end of town to Mercer; only 4 or 5 more to be tested. After next week, the new mains will start to be hooked up to the Boulevard, and a jumper bridge will be installed to the old mains for continued water service. Then the laterals will be installed to properties.
· Lateral installation takes approximately 1 day per street. New laterals will be used for all plastic and cast iron lines. Copper lines will be re-hooked up.
· Every property will be checked for a meter pit in good condition.
· No work is done on private property. Any work done in front of a house that disturbs landscaping, is the Borough right-of-way. The contractors will put back most of what is disturbed, but if there is extensive landscaping or paving that is disturbed, per ordinance, the homeowners will have to replace it themselves.
· Trenches have not been stabilized yet. Once the laterals are done, hard packed gravel will be placed in the trenches and overfilled for settlement.
· Paving will be done in the spring. The project will be finished before the summer.
Mayor Oldham said Harvey Cedars and the island are active in emergency management mainly because it is in the 10-mile radius of the power plant. There is extensive planning. Tom Preiser recently received a grant for installing a radio system that will be in place this summer and will be used to broadcast evacuation and other emergency information. Tom is very active in the emergency management planning and is involved with the other towns, including Stafford, in evacuation planning.
Commissioner Garofalo responded that there was an incident in North Beach this past summer and a recent murder in Stafford involving illegal immigrants. Senator Connors should be contacted on the status of illegal immigrants and what is being done; but if there is a problem in Harvey Cedars, such as the 85th Street disturbances, the police should be contacted immediately when the problem occurs. John Gerkens, Zoning Officer, said that if zoning receives a complaint about housing, as long as a name and address are given, they could check it out. There is a code enforcement officer riding around, but can’t be everywhere at once. The Police Chief added that people have to report any problems promptly.
The Commissioner’s written response was given to Pam Liss (attached). Commissioner Gerkens said that the Board was uncomfortable with the mandate from Ms. Chambers that each of them not only read it from beginning to end, but that each of them individually respond so Ms. Chambers would be sure the each Commissioner read it. Commissioner Gerkens said when she read the last pages (of “Lessons on Coastal Management”) she found it insulting because it inferred that some of the items were aiming at the Board’s integrity. Commissioner Gerkens felt that a lot of the Taxpayers Association members may not know the members of the Board, so she added a brief narration of themselves and why they are Board members. Commissioner Gerkens concluded “rest assured, there is nothing in it for us”.
Commissioner Gerkens announced there is a meeting Sunday February 12th at the Holiday Inn in Stafford by a group of people who are opposed to the beach replenishment project. The Commissioners urged Harvey Cedars taxpayers to attend this meeting and argue for the need of the project.
Motion to adjourn: Commissioner Garofalo
Second: Commissioner Gerkens
Meeting adjourned at 5:39pm.
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______________________________ Daina Dale, Municipal Clerk
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_______________________________ Jonathan Oldham, Mayor
_______________________________ Judith Gerkens, Commissioner
_______________________________ Michael Garofalo, Commissioner |