HARVEY CEDARS, NJ August 4, 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, July 18, 2006, was made by

Commissioner Garofalo, seconded by Commissioner Gerkens.

The Mayor read the following ordinance by title and number and asked for a motion to introduce.

ORDINANCE #2006-12 FIRST READING

AN ORDINANCE OF THE BOROUGH OF HARVEY CEDARS AMENDING AND SUPPLEMENTING CHAPTER 12 OF THE REVISED GENERAL ORDINANCE OF THE BOROUGH OF HARVEY CEDARS SO AS TO ESTABLISH A NEW SECTION 12-8 ENTITLED “FLOOD DAMAGE PREVENTION”

A copy of the full ordinance as introduced 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 ordinance by title and number and asked for a motion to introduce.

ORDINANCE #2006-13 FIRST READING

AN ORDINANCE OF THE BOROUGH OF HARVEY CEDARS AMENDING AND SUPPLEMENTING CHAPTER 9 OF THE REVISED GENERAL ORDINANCE OF THE BOROUGH OF HARVEY CEDARS SO AS TO ESTABLISH A NEW SECTION 9-10 ENTITLED “STORMWATER CONTROL”

A copy of the full ordinance as introduced is attached hereto and made a part hereof.

Motion to adopt: Commissioner Gerkens

Second: Commissioner Garofalo

Vote: Ayes – Oldham, Garofalo, Gerkens

The Mayor read the following resolution by title only and asked for a motion to adopt.

RESOLUTION #2006-069:

SUPPORTING THE “YOU DRINK AND DRIVE, YOU LOSE” 2006 STATEWIDE CRACKDOWN

A copy of the resolution is attached hereto and made a part hereof.

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 #2006-070:

CHAPTER 159 ITEM OF REVENUE INSERTION IN THE SUM OF $3,000.00 –

“YOU DRINK, YOU DRIVE, YOU LOSE” STATEWIDE CRACKDOWN

A copy of the resolution is attached hereto and made a part hereof.

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 #2006-071:

CHAPTER 159 ITEM OF REVENUE INSERTION IN THE SUM OF $3,600.00 –

COMMUNITY DEVELOPMENT BLOCK GRANT FOR

HANDICAP BEACH WHEEL CHAIRS

A copy of the resolution is attached hereto and made a part hereof.

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 #2006-072:

AUTHORIZING REFUND FOR CRAFT SHOW FEE

A copy of the resolution is attached hereto and made a part hereof.

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 #2006-073:

AWARDING CONTRACT FOR THE PUBLIC WORKS GARAGE PROJECT

A copy of the resolution 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 #2006-074:

CANCEL RESERVE BALANCE FOR THE 2004 REASSESSMENT

A copy of the resolution is attached hereto and made a part hereof.

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 #2006-075:

AUTHORIZING THE TAX COLLECTOR TO CANCEL TAXES ON BOROUGH PROPERTY THAT SHOULD BE TAX EXEMPT

A copy of the resolution is attached hereto and made a part hereof.

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 #2006-076:

AUTHORIZING THE FINANCE OFFICER TO CANCEL A STALE CHECK

A copy of the resolution is attached hereto and made a part hereof.

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 #2006-077: Bills

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 Garofalo, seconded by Commissioner Gerkens, to approve the use of the ballfield in Sunset Park to the Martyn Rushmore School of Soccer for a soccer camp for the following weeks in 2007:

1. July 16, 2007 to July 20, 2007 (9am – 1pm)

2. July 30, 2007 to August 3, 2007 (9am-1pm)

3. August 20, 2007 to August 24, 2007 (9am-1pm)

PRIVILEGE OF THE FLOOR –

Wendy Mae Chambers, 13 East 75^th Street, asked if there is a deposit or bond required when requesting use of the park. Commissioner Gerkens said large groups provide insurance certificates, but a homeowner’s small event does not require one.

Ms. Chambers thanked the Board for all the work they do.

Ms. Chambers said everyone would like to see dune fencing, signage and dozing for the entire length of the beach and asked if the fencing could be put up now. Commissioner Gerkens said fence could not be erected where the sand has not been pushed, and that the Borough is not maintaining private property. A discussion pursued with the Board regarding the need for signing an easement to do work on private property. The Borough is still working with the unsigned property owners answering questions.

The Board and the Borough Attorney answered questions and discussed eminent domain with Ms. Chambers. The Borough’s intent is not to use eminent domain and not to spend tax dollars but, if necessary, for fiscal purposes the Borough will file eminent domain on all the easements needed at the same time.

Ms. Chambers asked about school taxes and what is being done. The Mayor said Long Beach Island is the most disproportionate in the State for school taxes vs. students. If Seaside and Cape May are successful in changing their funding, we may see a change in funding. Commissioner Garofalo added that if the State equalizes the rate throughout the state, the Island’s rate would go higher because of the valuable real estate on the coast, therefore local tax dollars would be sent to school districts throughout the state.

Ms. Chambers asked if it were possible to get more traffic lights (on the Boulevard). She said that people would like to see a light at her street, 75^th Street, because of the bay beach, and at Bergen Avenue due to the traffic coming from North Beach. The Board said it is a County road; there are traffic studies done and there are no other places to put official legal traffic lights in Harvey Cedars. The cost of a traffic light is approximately $250,000. The Board of Chosen Freeholders in Toms River would be the officials to contact.

Tony Cannizzo, 45 Cedars Ave., asked what will be done with the (demolished) house next door (to the Borough Hall). The Mayor said it is being used as a parking lot at this time, which gets a lot of use, and it is also part of the plan submitted to the State to meet the bathroom requirement.

Ms. Chambers asked since Surf City is getting the beach project at 66% contiguous beach, will the other towns still need 100% of easements. The Mayor responded that there has been no conversation with the State regarding that at this time. He believes it may have been a one time deal to get the project moving.

Motion to adjourn: Commissioner Gerkens

Second: Commissioner Garofalo

Meeting adjourned at 5:18pm.

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Daina Dale, Municipal Clerk

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Jonathan Oldham, Mayor

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Judith Gerkens, Commissioner

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Michael Garofalo, Commissioner