BARNEGAT TOWNSHIP COMMITTEE

OCEAN COUNTY

900 WEST BAY AVENUE

BARNEGAT, NJ 08005

TOWNSHIP COMMITTEE MEETING MINUTES

May 6, 2013, 6:30 PM

  1. Call to Order

 

  1. Provisions of the Open Public Meetings Law:

Pursuant to the requirements of the OPEN PUBLIC MEETINGS LAW, adequate Public Notice of this meeting has been given:

    1. By publication in the required newspapers of the date, time and location of this meeting more than 48 hours in advance.
    2. By posting advance written notice on the official Bulletin Board in the Municipal Building.
    3. By filing advance written notice with the Township Clerk for the purpose of Public inspection.

 

ANNOUNCEMENT: At this time we ask everyone to please turn all cell phones or pagers to either OFF or VIBRATE.

 

  1. Roll Call of Officials Present:

Committeewoman Taylor – Present

Committeeman Bille – Present

Committeeman Lisella – Present

Deputy Mayor McCabe – Present

Mayor Morano – Present

 

  1. Salute to the flag

 

Resolution 2013-194         **Tabled

Resolution authorizing the Township Committee to retire into closed session for the purpose of discussing personnel, public safety, contractual and litigation matters.

 

Motion to table resolution: E. Taylor                 Second: A. Bille

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes                                                               McCabe: Yes           Morano: Yes                                   

                       

  1. Mayor’s Report

The program “Pride in Barnegat” is going well, the town is already looking better.  If you       see a residence or commercial property not being kept up to code, please call John     Durasky our Code Enforcement Officer and he will take care of it.  The “Buy in Barnegat”        program was not done correctly, I have heard some complaints. It is a fine program, but it should have been a certain percentage across the board. Homeowners, renters and small business owners can get aide from damages caused by Sandy.  Mr. Bille and I did     attend St. Mary’s “Blue Mass” this past week, honoring EMS, Fire Departments and            Police every year since 9/11, it was a wonderful mass.   Next meeting First Aid will be       presenting at the next meeting “Are you At Risk?” which will be a safety inquiry of your       home.

 

  1. Committee Reports

M. Lisella: I have been getting multiple calls on disturbing noise from a local business.  I       would like to get the support from our committee tonight to ask our attorney to draft a      suitable noise ordinance that prohibits the playing of outdoor music after a reasonable           hour.  This would include music from a live band or music played over a speaker.  Good       news about the vehicle storage issue at Johnson’s Pit; we have been successful with the         following: limiting the number of vehicles that can be stored on the site, established a             plan to restore the site after being used as a vehicle storage facility, and pressured them    to remove the vehicles as quickly as possible only 65 cars remain on site of the original       5,000.  We will make sure the terms and conditions of the court order are followed.  The   American Legion’s sidewalk issue; I make a motion to refund the $5,000 they paid into          the sidewalk fund.  SM: ultimately the purse strings are held by the Township Committee.        I ask the committee to restrain themselves from addressing this issue until all potential    questions are resolved through the Planning Board.

Motion to refund $5,000 to the American Legion: M. Lisella, Second: A. Bille Roll Call:     ML: Yes, ET: Yes, LM: Abstain, SM: Table issue, AB: Yes.  Motion carries with three (3)           affirmative votes.

 

E. Taylor: Senior Health & Wellness Fair; was an overwhelming success with over 200         people in attendance.  There were no out of pocket expenses for the Township, and a   larger venue is recommended for next year’s event.  The township has received official             notice that we have received $150,000 from the Robin Hood Grant for damages            sustained from Sandy.  The joint approach with Ocean Township enhanced the             competiveness of the application, and was instrumental in securing a sizeable grant.  I             fully support initiatives that strengthen our emergency management programs and     capabilities to provide assistance to our citizens.

 

A. Bille: Buy in Barnegat program appears to be a great success; hundreds of residents      have picked up cards from the Clerk’s Office.  Barnegat Township is business friendly,            and stands ready to work with new prospective merchants, and will work to keep the             ones we already work with.  In the first six days residents have saved over $2,000 in           purchases from local merchants.

 

S. McCabe:  the Senior Wellness Fair, thank you to Committeewoman Taylor for holding     this successful event.  Environmental testing is being conducted on Cherry Street in         accordance with the NJDEP protocol and results should be available in early June.  The      adoption of tonight’s ordinance on environmental testing reflects additional steps      being taken by this committee in order to furnish expanded readily available information needed          by the Planning Board that reflect the best interests of the township.    The township             engineer has supplied a report on the Lower Shore Road field, and     recommends that the       economic alternative to this project is to complete the installation of     the turf field.   I make             a MOTION that this committee affords Mr. Cotton an opportunity to          fulfill his commitment             and allow him to complete the field.   I support any effort to develop            or expand upon         working relationships with other organizations to enhance the ability of Barnegat to     manage crisis situations.  Our emergency management efforts are recognized on a state     level as illustrated by out Township Administrator participating in an emergency         management checklist based on lessons learned from Sandy and the November      Northeaster.  Barnegat is indeed fortunate to have such a talented emergency             management team capable of handling any type of emergency situation.  Their work is         invaluable to the residents of this township.

 

  1. Administrator’s Report

Explained the requirements of the Robin Hood Grant applications for residents.         Pinewood Estates residents came with a list of issues in their mobile home park, we are     working to settle those issues.  Vehicle parking issue at the Johnson’s Pit is being             rectified at this time.  Trees on East Bay Avenue will be taken care of this May.  The         Township Donation Center was created for residents to get the necessities in the wake of     Sandy.  It is in a transition from a township endeavor to a non-profit endeavor.  We did          not have an established recognized non-profit, and as a result we missed out on certain      opportunities to gain financial support.  With the establishment of this facility we will enhance the township to secure additional donations, cash or non-cash in nature.  We       have not been charged rent on this facility to date, other than utility bills, which can be          covered by cash donations received.  The state will be visiting the donation center to           make an assessment on how the donation center can maximize their capabilities.  Keep            in mind that the mission of the donation center is to provide assistance to Barnegat- Waretown residents in need, along with near-by communities.  Explained in further detail         the ordinances and resolutions on this agenda.

 

Motion to open Public Comment: A. Bille                    Second: E. Taylor

 

Frank Pecci – 11 Hemlock Drive:  in reference to the return of the American Legion’s           money; I told them to put the sidewalks in at the Planning Board meeting.  Who will now           put the sidewalks in if you return the money from the fund? We have a new Master Plan,         how are you getting sidewalks if you keep waiving them?  ML: if we have to put sidewalks      in it will be in excess of $40,000, we wanted to give it back for what they do for the            community.  SM: The American Legion was presented with an option when they came        before the Planning Board, either give a $5,000 contribution or pay for the sidewalks in             their entirety, that is what was offered to them.  FP: I told them to go for the sidewalks,          not the contribution; they will have to be put in anyway.  It’s not the issue of what they do         or not do for the community, but you have a rule it should be abided by.  You should not             make that exception for Route 9.  LM: We were once told legally that once something is            passed by the Planning Board or Zoning Board, this township committee can not appeal   it.  FP: I don’t think we need to spend another $200,000 on the Master Plan.  DB: This will         be for the thirteen elements of the Master Plan predicted.  FP: How much did the report             for the field cost us?  LM: we do not have a cost.   FP: We do not know how long it will             last, how much will it cost when it needs to be replaced, and it will be replaced? Why are      we bonding for water sewer equipment, didn’t we already do this?

 

Jake Taylor – 106 Newark Road: I am against finishing the turf field, where are you   getting the money from?  We already rejected a turf field at the high school because it      would be too expensive.  Cut your losses now, and put regular turf in, in the long run you      will come in ahead.  It is not new turf anyway.  SM: I want the public to be aware that the            number you keep throwing out $700,000 is for the entire complex not this particular field           alone.  JT: Back to the sidewalks; we spent $76,000 on sidewalks downtown by the prior          committee.  If you can do for other private business downtown, you can do it for the   Legion.  We should be able to afford (items) out of our actual taxation, bond only for     special items to keep costs down.  The money collected for open Space is to be put in a     trust fund; the money is not in there.  DB: the common practice of the township is to make        one payment to the Open Space Fund once the budget is passed.  JT: The voters of the         town voted down a recreation tax.  Where is the two million collected from taxes?

 

Morris Flory – 4 Blue Claw Drive: I sent an email about various policies and procedures,      mayor did you receive that?  Yes, I received a copy, I do not email, please call me, we    will discuss it as a committee, about how we feel about your suggestions. MF: Since the          last meeting was there any updates to items discussed?  Is there a forum for this           information to keep residents updated on progress?  SM: It is a lengthy time-consuming        task to update on each of the topics discussed at meetings. ET: it may be difficult             to track this on the website, every issue that may be brought up, and update daily.     MF: in regards to Hillside Avenue are there any updates? DB: It is included on the           bond ordinance tonight; it is part of a NJDOT grant.

 

Ray Leszczak – 116 Redwood Drive: Is Pan coast Road a through road? DB: it is    accessible for property owners through and into Waretown, and is used as a fire road the     forest service uses it regularly.

 

Frank Passenti – 41 Hannah Lee Road: I thank you for wanting to give the Legion their         money back for all they do in town.  When the Environmental Assessment is done will            that prevent the development from progressing?  SM: If the study comes back testing poorly, the DEP, EPA and Pinelands Commission will be notified, if it comes back clean         the citizens of Barnegat will be apprised.

 

Rafael Adorno – 441 E. Bay Avenue: In regards to the turf; I am concerned there is no          more money in the Open Space fund will that come out of taxpayer dollars if it goes over    $20,000?  The turf field is responsible for 60%, roughly $400,000 of the $700,000 for that        facility.  You are pushing a very large expense on the future for removal costs.  Mr.        Cotton, do you truly believe they should move on with this volunteer effort?  SC: if money        were no object, and we were using other than volunteers then yes, we need to ensure          that we have at least ten volunteers a day to assist us in finishing to keep costs down.              RA: When public works unloaded the trucks, they were punctured by the fork lifts, these        holes   will cause you to lose crumb rubber, and it needs to be cleaned.  These costs for             upkeep where will they come from, and do you realize how much it will be?  And my      biggest concern is the health risks associated with this product on the children and           wildlife.  This is a tough decision, think hard about it, a lot of money has been        invested in this project already, and are you willing to dump more money into this,      and it’s not fiscally responsible.  You could do sod and water lines for about $60,000.       Get a turf engineer expert down there to give you an assessment.

 

Mike Howard – 22 Birdsall Street:  Thank you for replacing the Bus stop on Route 9.  The    dock repairs; it looks like it will be better than before, stronger.  The cones on w. Bay Ave and Lighthouse, and the bridge, what can be done? Rafael has some great points on the           turf.  Why are we bonding for more fire and police equipment, IT, since we did this in       2011?

Motion to close Public Comment: A. Bille                    Second: M. Lisella

All are in favor

 

  1. New Business:

 

Ordinance 2013-6 (First Reading)

An Ordinance providing for various general improvements and other related expenses in and for the Township of Barnegat and appropriating $720,000 therefore, and providing for the issuance of $684,000 bonds or notes

 

Motion to introduce ordinance:  M. Lisella                  Second: S. McCabe

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

 

Ordinance 2013-7 (First Reading)

An ordinance providing for a Special Emergency Appropriation of $200,000.00 for the engagement of Special Consultants for the preparation of a Master Plan

 

Motion to introduce ordinance:  E. Taylor                   Second: S. McCabe

Roll Call:       Taylor: Yes               Bille: No                    Lisella: No

                        McCabe: Yes           Morano: No

Ordinance failed to pass

 

Ordinance 2013-8 (First Reading)

An Ordinance providing for various Water/Sewer Improvements and other related expenses in and for the Township of Barnegat and appropriating $680,000 therefore, and providing for the issuance of $646,000 in bonds or notes to finance the same

 

Motion to introduce ordinance:  M. Lisella                  Second: E. Taylor

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

                                   

Approval of minutes for April 15, 2013 Regular Township Committee Meeting,

 

Motion to approve minutes: A. Bille                              Second: E. Taylor

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

 

  1. Old Business

 

Ordinance 2013-2 (Second Reading)

An Ordinance amending and supplementing Section 55-117 of the Township Code to require submission of an Environmental Preliminary Assessment as part of a Major Development Applications

 

Motion to Open Public Comment: M. Lisella               Second: A. Bille

All are in favor

No public comment

Motion to Close Public Comment: A. Bille                   Second: S. McCabe

All are in favor

 

Motion to adopt ordinance: S. McCabe                        Second: A. Bille

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

 

Ordinance 2013-4 (Second Reading)

An Ordinance establishing certain salaries of certain Officers and Employees and repealing any and all other Ordinances inconsistent herewith

 

Motion to Open Public Comment: A. Bille                    Second: S. McCabe

All are in favor

No public comment

Motion to Close Public Comment: A. Bille                   Second: S. McCabe

All are in favor

 

Motion to adopt ordinance: E. Taylor                            Second: M. Lisella

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

 

Ordinance 2013-5 (Second Reading)

An ordinance amending and supplementing Chapter 46B of the Township Code entitled “Flood Damage Prevention” in order to provide for new Section 46B, entitled “Flood Damage Prevention”

 

Motion to Open Public Comment: A. Bille                    Second: S. McCabe

All are in favor

No public comment

Motion to Close Public Comment: A. Bille                   Second: S. McCabe

All are in favor

 

 

Motion to adopt ordinance: A. Bille                                Second: S. McCabe

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

 

 

10.    Formal Action Agenda

 

Resolution 2013-195 (Skipped this resolution)

Resolution authorizing payment of Bill List in the amount of $3,514,739.63

 

Motion to adopt resolution:                                                                     Second:

Roll Call:       Taylor:                       Bille:                                                   Lisella:

                        McCabe:                   Morano:

 

Resolution 2013-195A

Resolution amending Resolution 2013-195 Bill List in the amount of $3,514,521.17 due to removing two (2) utility payments to JCP&L in the amounts of $110.78 and $107.68 originally included in Bill List

 

Motion to adopt resolution: A. Bille                   Second: E. Taylor

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

 

Resolution 2013-196

Resolution authorizing an Emergency Appropriation for the Current Fund

 

Motion to adopt resolution: A. Bille                   Second: S. McCabe

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

 

Resolution 2013-197

Resolution authorizing an Emergency Appropriation for the Water/Sewer Fund

 

Motion to adopt resolution: A. Bille                   Second: E. Taylor

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: Yes

 

Resolution 2013-198 ***Not Used***

 

  1.  Consent Agenda:

 

The below listed items are considered to be routine by the Township of Barnegat and will be enacted by one motion. There will be no formal discussion of these items. If discussion is desired, this item will be removed from the Consent Agenda and will be considered separately.

 

Approval of an auction for the Barnegat Volunteer Fire Co. No. 1 Ladies Auxiliary to be held on June 1, 2013

 

Resolution 2013-199

Resolution authorizing a refund of premium paid at Tax Sale on Block 257, Lot 13, also known as 145 Brook Street for the year 2012

 

Resolution 2013-200

Resolution authorizing a refund of premium paid at Tax Sale on Block 257, Lot 13 also known as 145 Brook Street for the year 2010

 

Resolution 2013-201

Resolution authorizing the Tax Collector to refund payment erroneously paid on Block 92.58, Lot 3, also known as 17 David Drive, Block 92.58, Lot 2 also known as 19 David Drive and Block 92.58, Lot 17, also known as 14 Heather Way

 

Resolution 2013-202

Resolution authorizing a refund of premium paid at Tax Sale on Block 114.36, Lot 33, also known as 4 James hollow Drive

 

Resolution 2013-203

Resolution authorizing a refund of premium paid at Tax Sale on Block 114.26, Lot 38, also known as 8 Lexington Boulevard

 

Resolution 2013-204

Resolution authorizing a refund of premium paid at Tax Sale on Block 116.19, Lot 18, also known as 8 Maplewood Court

 

Resolution 2013-205

Resolution authorizing a refund of premium paid at Tax Sale on Block 114.22, Lot 1, also known as 1 Mast Drive

 

Resolution 2013-206

Resolution authorizing a refund of premium paid at Tax Sale on Block 114.01, Lot 40, also known as 44 Mizzen Drive

 

Resolution 2013-207

Resolution authorizing a refund of premium paid at Tax Sale on Block 95.12, Lot 7, also known as 19 Pulaski Drive

 

Resolution 2013-208

Resolution authorizing a refund of premium paid at Tax Sale on Block 265, Lot 3, also known as 26 South Main Street

 

 

 

Resolution 2013-209

Resolution authorizing a refund of premium paid on Block 114.18, Lot 12, also known as 31 Village Drive

 

Resolution 2013-210

Resolution authorizing Payment #1 to A. C. Schultes in the amount of $19,980.00 for redevelopment of Municipal Wells No. 3 and 5

 

Resolution 2013-211

Resolution supporting Bills S1896/A1503 sharing the burden of property assessment appeal refunds with fire districts, school districts and county governments

 

Resolution 2013-212

Resolution supporting S2487/A1280 which revises the definitions of the Open Public Records Act to include email addresses on the list of confidential items that must be redacted from any public record disclosed under the provisions of the act

 

Resolution 2013-213

Resolution requesting that the Federal Government permit citizens to appeal the advisory Base Flood Maps immediately

 

Resolution 2013-214

Resolution supporting A3393 legislation to protect residential property taxpayers from the loss of the telecommunications tax support

 

Resolution 2013-215

Resolution opposing Senate Bill S2601 which permits Fifth and Sixth Class Counties to assume control and responsibility for operation and maintenance of beaches bordering the Atlantic Ocean

 

Resolution 2013-216

Resolution reappointing Michele Smallze as Deputy Municipal Court Administrator

 

Resolution 2013-217

Resolution appointing Dock Masters for the Recreation Department for the 2013 summer season

 

Resolution 2013-218

Resolution re-appointing Recreation Staff for the Summer Season of 2013

 

Resolution 2013-219

Recreation authorizing a refund of cancelled recreation classes

 

Resolution 2013-220

Resolution authorizing a lien is placed on various properties for failure to comply with obnoxious growth and property maintenance violations

 

Resolution 2013-221

Resolution authorizing the renewal of the Morpho Trak Maintenance Program for June 1, 2013 through May 31, 2014 in the amount of $2,633.69

 

Resolution 2013-222

Resolution authorizing the renewal of the MCS License/Maintenance with Computer Information System for the year 2013 in the amount of $6,000.00

 

Resolution 2013-223

Resolution authorizing the replacement of a Trailer for the Water/Sewer Utility Department from Williams Scotsman, Inc. under a 3 year lease agreement in the amount of $13,013.26

 

Motion to Adopt Consent Agenda:  A. Bille                 Second: M. Lisella

Roll Call:       Taylor: Yes               Bille: Yes                   Lisella: Yes              

                        McCabe: Yes, abstain 2013-218             Morano: Yes, abstain 2013-218

 

          Added:

 

Resolution 2013-224

Resolution authorizing the Township to proceed with Option B of the Engineer’s Report on Lower Shore Road Turf Field to proceed with completion

 

Motion to Adopt Resolution: S. McCabe                      Second: M. Lisella

Roll Call:       Taylor: No                Bille: Yes                   Lisella: Yes

                        McCabe: Yes           Morano: No

 

12. Motion to Adjourn: A. Bille                                  Second: S. McCabe

All are in favor

 

 

I hereby certify that the

foregoing minutes were

formally approved by the

Barnegat Township Committee:

 

 

________________________

Municipal Clerk