HARVEY CEDARS, NJ February 21, 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 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, February 3, 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.
Motion to open public discussion: Commissioner Garofalo
Second: Commissioner Gerkens
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 resolution and asked for a motion to adopt.
RESOLUTION #2006-022: AUTHORIZING THE BUDGET BEING READ BY TITLE ONLY
WHEREAS the Local Budget Law provides that the budget be read by title only at the time of the public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing a complete copy of the approved budget as advertised has been posted in the Borough Hall and copies have been made available by the Clerk to persons requiring them; and
WHEREAS these two conditions have been met.
NOW, THEREFORE, BE IT RESOLVED that the 2006 budget will be read by title only.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
Vote: Ayes – Oldham, Garofalo, Gerkens
Motion to open public discussion of the 2006 budget: Commissioner Garofalo
Second: Commissioner Gerkens
There were no public comments.
Motion to close public discussion: Commissioner Garofalo
Second: Commissioner Gerkens
Mayor Oldham stated the Governor will be presenting his budget to the State Legislature on March 21st. Because State Aid allocations will not be available until then, municipalities cannot adopt their budget prior to receiving State Aid certifications.
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-023: AUTHORIZING AGREEMENT WITH OCEAN COUNTY FOR PLUMBING, FIRE AND ELECTRICAL INSPECTIONS FOR A TERM OF FOUR YEARS
WHEREAS the Uniform Construction Code Act, NJSA 52:27D-119 et. seq., the implementing regulations of the Department of Community Affairs, has established a system for all types of construction code inspections; and
WHEREAS the Interlocal Services Act, NJSA 40:8A-1 et. seq., authorizes local units as defined in said Act to enter into joint agreement for the provisions of governmental services, including code enforcement and inspection services.
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. The Mayor and Municipal Clerk are hereby authorized and directed to enter into and execute a contract with the County of Ocean, designating the County of Ocean as the agent of the municipality for the provision of construction code services required for plumbing, fire and electrical inspections in the provisions of the Uniform Construction Code Act, NJSA 52:27D-119 et. seq., and the regulations promulgated thereunder.
2. Said contract shall commence on May 1, 2006 and terminate on April 30, 2010.
3. A copy of said contract is on file and available for public inspection during normal business hours at the Municipal Clerk’s office located at 7606 Long Beach Blvd., Harvey Cedars, NJ.
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 #2006-024: ACCEPTING APPLICATION FOR THE SISTERS OF CHARITY OF ST. ELIZABETH TO HOLD A RAFFLE IN THE BOROUGH OF HARVEY CEDARS ON SEPTEMBER 3, 2006 AND WAIVING FEE PAYABLE TO BOROUGH FOR SAME
WHEREAS Sisters of Charity of St. Elizabeth in Harvey Cedars has made application to conduct a raffle in accordance with the Act and Rules and Regulations of the Legalized Games of Chance Control Commission; and
WHEREAS there is satisfactory proof that the prizes are of the nature and amount allowed by law; and
WHEREAS in accordance with NJAC 13:47-4.3, fees are payable by law, upon findings and determination of the governing body of the Borough of Harvey Cedars; and
WHEREAS the governing body has heretofore waived the payment of any fee payable to the Borough for a license to conduct raffles on behalf of the Sisters of Charity of St. Elizabeth.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Harvey Cedars that upon acceptance of said application to the Legalized Games of Chance Control Commission, the application fee for license payable to the Borough of Harvey Cedars be and is hereby waived.
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 #2006-025: REQUESTING APPROVAL OF THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR AN ACCUMULATED ABSENCE LIABILITY TRUST FUND
WHEREAS permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance; and
WHEREAS NJAC 5:30-15 allows municipalities to set aside amounts for costs incurred for accumulated absence liability; and
WHEREAS NJSA 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars that such funds received by the municipality be placed in a specific trust fund and such trust fund shall be considered a “Dedication by Rider” to the budget of the local unit in accordance with NJSA 40A:4-39, for the sole purpose of meeting the costs of accumulated absence liability.
BE IT FURTHER RESOLVED that two certified copies of this resolution be forwarded to the Director of Local Government Services for approval thereof.
Motion to adopt: Commissioner Garofalo
Second: Commissioner Gerkens
Commissioner Garofalo said that these two resolutions (#025 & #026) were directives from the State.
The Mayor read the following resolution by title only and asked for a motion to adopt.
RESOLUTION #2006-026: REQUESTING APPROVAL OF THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR UNIFORM CODE ENFORCEMENT FEES
WHEREAS permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance; and
WHEREAS NJSA 50:27D-119 et seq. and NJAC 5:23-4.17 allows municipalities to set aside amounts for costs incurred for regular uniform code enforcement fees; and
WHEREAS NJSA 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Harvey Cedars that such funds received by the municipality be placed in a specific trust fund and such trust fund shall be considered a “Dedication by Rider” to the budget of the local unit in accordance with NJSA 40A:4-39, for the sole purpose of meeting the costs of uniform code enforcement fees.
BE IT FURTHER RESOLVED that two certified copies of this resolution be forwarded to the Director of Local Government Services for approval thereof.
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 #2006-027: AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE TOWNSHIP OF LONG BEACH FOR DISPATCHING SERVICES FOR A PERIOD OF FIVE YEARS
WHEREAS the Interlocal Services Act, NJSA 40:8A-1 et. seq., authorizes two or more municipalities 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 Township of Long Beach for police dispatching services in accordance with the terms set forth in the said Agreement; and
WHEREAS the Borough has requested the Township to furnish to the Borough general police dispatching services, NCIC Look Up Service, name and address property look up services and 911 emergency dispatching services.
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 Township of Long Beach for police dispatching services, a copy of which is attached hereto, in accordance with the provisions of law for a period of five years commencing January 1, 2006 and ending December 31, 2010.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption.
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 #2006-028: AMENDING THE DESIGNATION FOR MUNICIPAL PROSECUTOR AND ALTERNATE PROSECUTORS FOR THE YEAR 2006
WHEREAS Resolution #2006-005 passed on January 6, 2006, and Resolution #2006-014 passed on January 17, 2006, designated and appointed a municipal prosecutor and alternate prosecutors; and
WHEREAS the Board of Commissioners of the Borough of Harvey Cedars desires to amend said resolutions to designate Steven A. Zabarsky as municipal prosecutor and to designate three alternate municipal prosecutors; 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 and alternate municipal prosecutors 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, for a period commencing January 1, 2006 and ending December 31, 2006 at a rate of $325 per session:
1. Steven A. Zabarsky as Municipal Prosecutor
2. Douglas W. Jones as Alternate Municipal Prosecutor #1
3. James Fennessy as Alternate Municipal Prosecutor #2
4. Robert A. Greitz as Alternate Municipal Prosecutor #3
BE IT FURTHER RESOLVED that a copy of this resolution shall be forwarded to
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 was made by Commissioner Garofalo, seconded by Commissioner Gerkens
A motion was made by Commissioner Gerkens to approve the request to use Sunset Park to Bobby Woods for an instruction baseball clinic on July 10 to July 14, 2006 from 9:00am to 12noon (pending receipt of request form), seconded by Commissioner Garofalo.
REPORT FROM THE ASSESSOR –
Bernard Haney, Tax Assessor, gave a similar overview of the reassessments as he did at the January 6th meeting. A discussion pursued with the public regarding the new values. Mr. Haney stated (since the mailing of the assessment postcards) he has received many questions and a lot of them and their responses have been posted on the Taxpayers Association’s website.
PRIVILEGE OF THE FLOOR –
Members of the public present: John Cadmus, 7 E. 79th Street, Jack Shultis, 8 E. Bergen Ave., Joe Krug, 44 W. 80th, Sharon Sulecki, Tax Collector, Bernie Haney, Tax Assessor, Jerry Falkowski, Police Chief, and the press.
Jack Shultis asked on behalf of the Taxpayers Association if any mailing has been sent return/receipt requested (to the property owners for deed requests)? The Board said they have not, but none have come back. Mayor Oldham said there will be a meeting for the non-signers on March 10th with the DEP and the Borough Engineer. Mr. Shultis said his friend won’t sign the deed because the dune will be too high. Mayor Oldham said the Borough Engineer is working with the Army Corps to possibly amend the height of the dune. Mr. Shultis asked if there is a cost for condemnation. The Mayor said Senator Connors is working on getting an appraisal. A discussion continued regarding the beach replenishment project between the Board and the public.
Motion to adjourn: Commissioner Gerkens
Second: Commissioner Garofalo
Meeting adjourned at 5:25pm.
_______________________________
____________________________
Jonathan Oldham, Mayor
____________________________
Judith Gerkens, Commissioner
____________________________
Michael Garofalo, Commissioner