April 4, Mayor called the meeting to order and welcomed everyone. He asked everyone to stand and join in the Pledge of Allegiance to the Flag.

Transcription

1 April 4, 2016 The regular meeting of the Mayor and Council of the Borough of Bay Head was held on April, 2016 at 7:00 pm in the Bay Head Fire House, 81 Bridge Avenue, Bay Head, New Jersey. Mayor called the meeting to order and welcomed everyone. He asked everyone to stand and join in the Pledge of Allegiance to the Flag. Mayor Curtis read the following statement: Ladies and gentlemen, pursuant to the applicable portions of the New Jersey Open Public Meetings Act, adequate notice of this meeting has been given. This meeting is listed on an annual schedule of meetings of this Governing Body which was posted on the bulletin board at 106 Bridge Avenue, Unit 2 on January 5, 2016 and was published in The Ocean Star on January 8, The roll was called for attendance. Present were Mayor Curtis and Councilmembers Green, Hein, Barnes, Glass, Magory and Borough Attorney, Jean Cipriani. Councilmember Lyons was absent. Councilmember Green moved to approve the regular minutes of March 7, The motion was seconded by Councilmember Glass and passed on roll call vote. YEAS: Green, Hein, Barnes, Glass. NAYS: None. ABSTAIN: Magory. Mayor Curtis called for Reports of Standing Committees. Councilmember Green, Parks, Grounds and Recreation: The Environmental Commission is working on a couple of things the No Smoking in Public Places Ordinance is being researched and hopefully will be introduced at the May meeting. The ordinance will cover only Borough owned public places. The seconded item is an issue before the legislature, introduced by Senate President Sweeney concerning water in our schools. I have called into the Principal of the Bay Head School and the Board of Education. We are researching that as well. Councilmember Hein, Public Services, read the Zoning Officer and Construction Official reports for the month of March. Copies of the reports are attached to these minutes. HEALTH: There will be a pill disposal day on April 30, 2016 from 10 am to 2 pm at the Bay Head Police Department, 704 Howe Street, Point Pleasant. They will only take pills unused or expired. LEAD IN WATER: I spoke with NJ American Water Company and the water they are sending is perfect. Your pipes could be an issued because full lead pipes were used, and from 20 s to 30 s lead soder was used in the joints that was ban in To check your home, you will have to obtain a kit and take water from you taps. There are some testing sites in Ocean County.

2 ZIKA VIRUS: The only way to control this is to try and control the mosquito populations. A notice will be posted on our website. SAFETY: We were awarded $ for our safety program in the Borough from JIF. This year we will be working toward obtaining small city awards. NJNG: They are continuing to replace metal pipes with plastic. They are also installing emergency flow values at every single junction. Once complete, Bay Head will be 100% up to date. I would also like to thank Lt. LaRue for the great job he did in handling a medical emergency at my neighbors last week. Council President Green: Thanks for talking about the Zika virus. The Environmental Commission will be reaching out to the Mosquito Commission to come and do a presentation we will work with you on that. Councilmember Barnes, Legal and Planning: We are busy recently the police contract was finalized. We are still revising our ordinances and tonight two will be introduced Peddlers and LOSAP. We continue to go through the code to update and revamp. Councilmember Glass, Public Safety, read the Police and the Bay Head Fire Company monthly report for March. A copy of the report is attached to these minutes. OEM Tip of the Month: Be familiar with where to get information to prepare for various emergencies and notices/updates. Borough s emergency notification system register at: Ocean County OEM web site: Sheriff/EmMgmtMain.aspx NJ OEM web site: FEMA web site: FEMA.gov Local new TV and Radio stations. Fire Prevention Tip of the Month: It s time for Spring cleaning and trash, boxes and piles of clothes are added fuel in a fire. Ridding your home of clutter will increase safety and reduce the chance for fire in your home. Oily rags used for polishing furniture should be properly stored in a closed metal container as they may ignite from their own heat known as spontaneous combustion. Councilmember Magory, Public Works: All of the surveying on Clayton Avenue is complete. We are working on a portion of an existing grant to move the telephone poles. We are applying for a grant to install sidewalks on the west side

3 and have informed DOT we have done the survey on the east side which we will work with them on. Ocean County has agreed to repave Osborne Avenue and hopefully it will be complete by the end of May. We are working on the new phone system for the new building. I took a trip out to the modular facility with the contractor. Some of the items will be done on site and not at the factory. The new building will consist of 19 units (17 X 60 to 65 ). Seven have been completed and four more are on line this am. We are hoping to have them on site here by the end of the month. Mayor Curtis called for Clerk s Correspondence. Ms. Applegate offered the following request: Request from the Seweeders Garden Club of Bay Head and Mantoloking to use the public works garage for their annual May Day workshop on Friday, April 20 th from noon to 4 pm. Request from Linda Rhyne, 600 Main Avenue to close Forsyth Street for their annual block party on Sunday, July 3 rd with a rain date of Saturday, July 2 nd. Request from Point Pleasant First Aid and Emergency Squad to hold a coin toss event, Saturday, June 18 th at intersection of Bridge Avenue and Lake Avenue. An application for Raffles License for 50/50 Cash from Sacred Heart Church with the drawing to be held on September 5 th at 10 am. Councilmember Green moved to approve the request which was seconded by Councilmember Glass and passed on roll call vote. YEAS: Green, Barnes, Glass, Magory. NAYS: None. Mayor Curtis called for Ordinances for Second Reading and Public Discussion and Vote. Councilmember Barnes offered Ordinance entitled: ORDINANCE OF THE BOROUGH OF BAY HEAD, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING CHAPTER 46, ENTITLED PERSONNEL POLICIES, SO AS TO RESCIND SUBSECTION 10.5, ENTITLED EQUITY ADJUSTMENT, OF THE MUNICIPAL CODE OF THE BOROUGH OF BAY HEAD Councilmember Barnes moved to approve this ordinance be adopted on second reading and final passage. The motion was seconded by Councilmember Hein.

4 Mayor Curtis opened the meeting to the public for public hearing on this ordinance. There being no comments or questions the public hearing was closed. The motion passed on roll call vote. YEAS: Green, Hein, Barnes, Glass, Magory. NAYS: None. A copy of this ordinance is attached to these minutes. Councilmember Barnes offered Ordinance entitled: ORDINANCE OF THE BOROUGH OF BAY HEAD, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING CHAPTER 46, ENTITLED PERSONNEL POLICIES, SO AS TO AMEND SUBSECTION 10.1(B) ENTITLED CLOTHING ALLOWANCE, OF THE MUNICIPAL CODE OF THE BOROUGH OF BAY HEAD Councilmember Barnes moved to approve this ordinance be adopted on second reading and final passage. The motion was seconded by Councilmember Glass. Mayor Curtis opened the meeting to the public for public hearing on this ordinance. Stan Niedzwiecki, 42 Johnson Street: How much is the decrease? Councilmember Barnes: $ There being no further comments or questions the public hearing was closed. The motion passed on roll call vote. YEAS: Green, Hein, Barnes, Glass, Magory. NAYS: None. A copy of this ordinance is attached to these minutes. Councilmember Barnes offered Ordinance entitled: ORDINANCE OF THE BOROUGH OF BAY HEAD, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING CHAPTER 46, ENTITLED PERSONNEL POLICIES, SO AS TO RESCIND SUBSECTION 10.2 ENTITLED COURT TIME, OF THE MUNICIPAL CODE OF THE BOROUGH OF BAY HEAD Councilmemer Barnes moved to approve this ordinance be adopted on second reading and final passage. The motion was seconded by Councilmember Glass. Mayor Curtis opened the meeting to the public for public hearing on this ordinance. There being no comments or questions the public hearing was closed. The motion passed on roll call vote. YEAS: Green, Hein, Barnes, Glass, Magory. NAYS: None. A copy of this ordinance is attached to these minutes. Councilmember Barnes offered Ordinance entitled:

5 ORDINANCE OF THE BOROUGH OF BAY HEAD, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING CHAPTER 46, ENTITLED PERSONNEL POLICIES, SO AS TO RESCIND SUBSECTION 10.3 ENTITLED CLOTHING MAINTENANCE, OF THE MUNICIPAL CODE OF THE BOROUGH OF BAY HEAD Councilmember Barnes moved to approved this ordinance be adopted on second reading and final passage. The motion was seconded by Councilmember Glass. Mayor Curtis opened the meeting to the public for public hearing on this ordinance. There being no comments or questions the public hearing was closed. The motion passed on roll call vote. YEAS: Green, Hein, Barnes, Glass, Magory. NAYS: None. A copy of this ordinance is attached to these minutes. Councilmember Barnes offered Ordinance entitled: ORDINANCE ESTABLISHING SALARY, WAGES, HOLIDAYS, SICK LEAVE, VACATION AND OTHER BENEFITS OF EMPLOYMENT OF CERTAIN OFFICIALS AND NON-UNION EMPLOYEES OF THE BOROUGH OF BAY HEAD OCEAN COUNTY, NEW JERSEY, FOR THE CALENDAR YEAR 2016 THROUGH 2019 Councilmember Barnes moved to approved this ordinance be adopted on second reading and final passage. The motion was seconded by Councilmember Glass. Mayor Curtis opened the meeting to the public for public hearing on this ordinance. Mr. Niedzwiecki: Has anything been reduced? I am lookin at costs. Councilmember Barnes: Time is computed in days instead of hours. There is no change at all. Mr. Niedzwiecki: So we are holding our budget line. There being no further comments or questions the public hearing was closed. The motion passed on roll call vote. YEAS: Green, Hein, Barnes, Glass, Magory. NAYS: None. A copy of this ordinance is attached to these minutes. Mayor Curtis called for Ordinances, First Reading. Councilmember Barnes offered Ordinance entitled: ORDINANCE OF THE BOROUGH OF BAY HEAD, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER

6 25-120F OF THE BOROUGH CODE ENTILED CREDIT FOR VOLUNTEER SERVICES Councilmember Green offered Ordinance entitled: AN ORDINANCE OF THE BOROUGH OF BAY HEAD, COUNTY OF OCEAN, STATE OF NEW JERSEY, TO EXCEED THE 2016 MUNICIPAL BUDGET APPROPRIATIONS LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: ) Councilmember Barnes offered Ordinance entitled: ORDINANCE OF THE BOROUGH OF BAY HEAD, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 1777 OF THE BOROUGH CODE ENTITLED PEDDLING AND SOLICITING Councilmember Green requested Ordinance be removed from the consent vote. Councilmember Glass moved to approved Ordinance and Ordinance for first reading. The motion was seconded by Councilmember Hein and passed on roll call vote: YEAS: Green, Hein, Barnes, Glass, Magory. NAYS: None. A copy of both ordinances is attached to these mintess. Councilmember Barnes moved Ordinance on first reading, which motion was seconded by Councilmember Hein. Councilmember Green: I always felt there was a separation between hot food and the ice cream man. I feel certain provision within the ordinance doesn t seem practical, for the food truck, such as having to move every 30 minutes. I support but there is some dissatisfaction within the business community. I wasn t on the committee and have only expressed by opinion in a public forum. The food truck doesn t work in this ordinance. Councilmember Glass: I agree with D Arcy. Hot food should be separate. I would like a revision but time is of the essence. Councilmember Hein: There is a miss perception there are no guarantees as to what kind of food truck and what kind of food will be applied for. We can t think of the food truck that was in town last year it could be different. The motion passed on roll call vote: YEAS: Hein, Barnes, Magory. NAYS: Green, Glass. A copy of this ordinance is attached to these minutes. Mayor Curtis called for Unfinished Business. There was none. Mayor Curtis called for New Business and Resolutions. Councilmember Green offered Resolution introduction of the 2016 Municipal Budget.

7 Councilmember Hein offered Resolution authorizing receipt of bids for Solid Waste Collection Services. Councilmember Glass offered Resolution appointing Michael J. Gatnarek as SLEO Class II. Councilmember Green offered Resolution adopting 2016 Temporary Emergency Appropriations #3. Councilmember Glass offered Resolution appointing Joseph Michael Stapleton as SLEO Class I. Councilmember Green offered Resolution authorizing expenditures from the Capital Improvement Funds for Preliminary Expenses for Flood Mitigation Study. Mayor Curtis pulled Resolution Councilmember Glass offered Resolution authorizing execution of a Contract with the Bay Head Chief of Police. Councilmember Magory offered Resolution awarding a Contract to Greenleaf Landscape Systems and Services, Inc. for grass mowing and related services. Councilmember Hein offered Resolution authorizing entry of an amendment to the Master Streelight with Jersey Central Power and Light Company. Councilmember Glass offered Resolution authorizing execution of a Contract with the Bay Head Police. Councilmember Glass moved the above resolutions be adopted. The motion was seconded by Councilmember Magory and passed on roll call vote. YEAS: Green, Hein, Barnes, Glass, Magory. NAYS: None. A copy of each resolution is attached to these minutes. Mayor opened the meeting to the public. Mr. Niedzwiecki: Let s go back to the food truck discussion. Who does the Board of Health inspection? Ms. Applegate: The truck is inspected by the Ocean County Board of Health. Mayor Curtis: They would also react to any complaints. Mr. Niedzwiecki: Were there any complaints with the food truck? Councilmember Barnes: Not to my knowledge.

8 Ms. Applegate, Municipal Clerk: None were received. Mr. Niedzwiecki: You spoke about the repaving of Osborne Avenue Johnson Street is terrible. Mayor Curtis: Three different contractors for utilities have torn up that road. East of Route 35 on Johnson will be repaved by Agate. The road west of Rt. 35 is a little trickier. We are not making as much headway as we would like. We are aware it is only currently patched. Mr. Niedzwiecki: Who promised it would be done? Mayor Curtis: Not sure. Mr. Niedzwiecki: And we got nothing in writing. Mr. Niedzwiecki: On the 2016 Budget congratulations to D Arcy I understand it will be a flat budget. Being allowed to increase up to 4% is a lot of bunk. The key is to stop spending or cut spending. Mayor Curtis: Bill Antonides, our CFO and Mr. Hulsart, our Auditor will be here on May 2th for the budget discussion. Councilmember Hein: If you haven t had a change to look at the budget make a point to do so. A big portion goes to the county and school. A lot is being done on our portion it is very impressive. Joanne Pehlivanian, 332 Western Avenue: Back to the food truck. Why do we need a food truck? I feel they are most annoying and he didn t abide by the 30 minute time last year. He stayed in one spot and also used a space in front and to the rear. I don t understand the need my vote is no. Joe Todisco, 754 Clayton Avenue: Any word on the sewer gas smell on Egbert? Mayor Curtis: It isn t sewer but ground water smell. They are trying to seal the pipes to cut down on the smell. The smells are worse at the corner of Mount and Lake and on Rt. 35 just past the church before the Mantoloking border. There are a lot of things not complete on their project. We are trying very hard to get rid of those smells. We are also trying to get the wires under Scow Ditch. Char Charlton, 18 Harris Street: I need clarification on the food truck issue. I have six grandchildren and they sell painted shells and lemonade is that a problem? Also, if I hire an ice cream truck to come to my property in my driveway is that a problem? Ms. Cipriani: It is not a problem if the ice cream truck comes to your driveway and you pay that is different than peddling.

9 Mr. Niedzwiecki: Kudos to Mayor with Dot fixing up our roads. We do have a major problem working on Sunday. Thanks for staying on top of it. Mr. Niedzwiecki; Why can t NJAW give us a more specific time they will be in Bay Head flushing hydrants. Councilmember Hein: I will work with the water company as to more of a specific time they will be in town. Robert Leach: I had an ice cream truck in town last year. It was nice to start a business here and the police did an excellent job. As far as I know I didn t receive any complaints. I am concerned with the limit of two ice cream trucks. George Schweickert, 70 Osborne Avenue: Before I offer thanks for the paving of Osborne Avenue, I have a few questions. How firm is this commitment? I also have an list of 160 homeowners in the north end of Bay Head so I could convey to them when the paving will take place. Councilmember Magory: Mayor and I did work on getting the county to commit to this project. Mayor Curtis: We have been assured by the Ocean County Engineer and two Freeholders that it will happen. It will be milled and paved curb to curb and only one contractor will be doing the job. Mr. Schweickert: Do you have a start date? Mayor Curtis: We don t but our hope is it will be totally done by Memorial Day. Mr. Niedzwiecki: Second thought on the Rt. 35 sewer smell issue do we have a competent engineer on this? Mayor Curtis: We had all the work inspected and reviewed by Brick Utilities. We were also told they would be hired by the State for maintenance but that has not happened. We do have a competent engineer. Mr. Niedzwiecki: Bill 1728 is coming up before the Assembly it concerns inheritance and by passing taxes after $500, Voice your concern to get it passed. Councilmember Glass: In comment to Joanne concerning the food truck As a business person we don t have that many eating establishments. Food trucks are a new venue in business. We should encourage more businesses. There being no further comments Councilmember Green moved to approve the vouchers for payment, which motion was seconded by Councilmember Hein and passed on roll call vote. YEAS: Green, Hein, Barnes, Glass, Magory. NAYS: None. A list of the vouchers is attached to these minutes. The meeting was adjourned.

10 Patricia M. Applegate, Municipal Clerk William W. Curtis, Mayor