Office of the Board of Commissioners Borough of Monmouth Beach December 11, Present Mayor Howard, Commissioner Cunniff, Commissioner McBride

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1 Office of the Board of Commissioners Borough of Monmouth Beach December 11, 2012 The following statement was read by Mayor Susan Howard: This meeting is called pursuant to the provisions of the open public meetings law. Notice of this meeting was transmitted to the Asbury Park Press, the Link News and The Atlanticville on January 13, 2012, posted on the bulletin board in the Municipal Building on that date and has remained continuously posted as the required notice under the statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk. Pledge of Allegiance Mayor Howard called the meeting to order at 6:30 pm. Present Mayor Howard, Commissioner Cunniff, Commissioner McBride At this time, Police Chief Drew Winans stepped forward to present Life Savings Awards to Special Officer Matthew Clark and Patrolman Aaron Rock. Before doing so, Chief Winans asked for a moment of silence to recognize Illinois State Trooper Kyle Dethridge. Chief Winans said that following Hurricane Sandy, Kyle was one of 29 Illinois State Troopers who came to New Jersey to help the towns of Monmouth Beach, Sea Bright, Highlands and Union Beach. He said that Kyle lost his life on his first day back on duty when he was fatally struck by a tractor trailer while on a motor vehicle stop. Everyone in attendance paused for a moment of silence for Trooper Dethridge. Chief Winans presented Life Savings Awards to Officers Clark and Rock. He said that the Officers had responded to a call in the early morning hours of September 8 and discovered that a man had suffered a cardiac arrest. He said the officers administered three shocks with the defibrillator and then continued with CPR. Chief Winans said the officers were instrumental in his survival. Chief Winans said that this was Officer Rock s third Life Saving award and Officer Clark s second award. He noted that Officer Clark now worked at the Institute of Technology. Mrs. VanFleet, the wife of the victim, stepped forward. She said the officers were amazing and had refused to give up on her husband. She said there were no words to express her thanks to all of the people involved in saving her husband. Chief Winans once again addressed the audience. He acknowledged the members of the police department and their families who were present this evening, on the occasion of Dennis Cahill s promotion to the rank of Captain. Chief Winans briefly outlined Dennis Cahill s history with Monmouth Beach and the Monmouth Beach Police Department. He said that he was proud to have served with Dennis and to have him promoted to the rank of Captain. Dennis Cahill stepped forward and was sworn in to the rank of Captain of Police of the Monmouth Beach Police Department. Captain Cahill thanked the Commissioners, his family, friends and fellow officers. He congratulated Sgt. Walsh on his upcoming promotion to Lieutenant, which he said would occur in February Captain Cahill spoke briefly and he thanked department heads, employees and volunteers who were involved in the Hurricane Sandy relief effort. Commissioner McBride moved the following Resolution, which was seconded by Commissioner Cunniff:

2 that Lieutenant Dennis Cahill be and is hereby promoted and appointed to the position of Captain of Police for the Borough of Monmouth Beach; and BE IT FURTHER RESOLVED that this appointment is effective as of December 12, 2012; and BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to Drew Winans, Chief, Monmouth Beach Police Department; Commissioner McBride moved, seconded by Commissioner Cunniff, that the meeting be opened to the public. Upon the call of the roll the foregoing motion was carried by the following vote: Ayes -3. Mayor Howard said the normal format of the meeting had been changed to provide for a presentation to be given by several FEMA representatives. She said that the public would have an opportunity to ask any questions they may have. Mayor Howard introduced Don Clare, the Borough s Construction Official. She thanked Don and his staff, and noted that they have been working tirelessly to help residents to get all the help and information they can. She also thanked the FEMA representatives for coming to tonight s meeting. Don Clare noted that in addition to being the Construction Official, he was also the Floodplain Administrator for the Borough. He said he had put in a request for FEMA experts to come in to answer questions that he could not answer and also to provide information for residents. Mr. Clare said that each FEMA representative had a particular area of expertise and they would each try to answer any questions to help and guide the residents who were affected by Hurricane Sandy. The following FEMA representatives were present at the meeting and each gave a brief presentation which dealt with their particular area of expertise: Karen Sandbeck, Community Relations David Curbelo & Alan Aldridge, Mitigation Chris Toney, National Flood Insurance Bryan Miller, Individual Assistance Chris Mckniff, Media Specialist Adrianne LaNeave, SBA Kysa George, Private Sector The following members of the public asked questions of the various representatives: Bob Keiser, 33 Navesink Drive Carl Gross, 30 Lori Road Richard Launer, 148 Ocean Avenue Kate Farrell, 14 Jessica Place Shannon Poser, 66 Riverdale Avenue Michael Avalon, 120 Ocean Avenue Mr. Laido, 14 Anderson Street Mark Jaworski, 9 Sunset Lane Stacy Waller, 53 Riverdale Avenue Joe Soboti, 52 Riverdale Avenue Dan Thorman, 21 Riverdale Avenue Liz Leonardis, 13 Spaulding Place Many of the questions involved the availability of funding for homeowners who had suffered damage and the time frame involved in applying for any loans or grants that were available. Sue McDonald, President of the First Aid Squad, said that after touring the Borough s buildings on November 2 nd, Congressman Pallone and the Commissioners had told the squad to

3 move forward with repairs to their building. She said that the contractors needed to be paid so they paid them, using their own money. Ms. McDonald said that the building presently was gutted and had no bathrooms. Mayor Howard said that the insurance company representative had said to move forward with the work on the building. She noted that the First Aid Squad owned their building. Mayor Howard said that the Borough Hall was in the same situation and had received no FEMA funding to this point. Mayor Howard said that the First Aid Squad would be fully reimbursed for the ambulance that had been lost in the storm. Commissioner McBride moved, seconded by Commissioner Cunniff that the reading of the minutes of the previous meetings held on November 8 and November 15 be dispensed with and that they stand as recorded. Commissioner Cunniff moved, seconded by Commissioner McBride that the following bills which had been reviewed by their respective department heads be approved for payment M /15/12 COUNTY OF MONMOUTH- OPEN SPACE FUND M /15/12 COUNTY OF MONMOUTH - LIBRARY FUND M /12/12 NJSHBP M /12/12 NJSHB - RETIRED M /14/12 NJSHBP M /14/12 NJSHB - RETIRED M /15/12 JAMES F CUNNIFF, TREAS. OF SCHOOL MONIES M /15/12 JAMES F CUNNIFF, TREAS. OF SCHOOL MONIES M /12/12 COMCAST M /12/12 JERSEY CENTRAL POWER & LIGHT M /18/12 PAYROLL ACCOUNT M /18/12 PAYROLL ACCOUNT M /24/12 JERSEY CENTRAL POWER & LIGHT M /24/12 NEW JERSEY NATURAL GAS CO M /24/12 AVAYA, INC M /24/12 NEW JERSEY AMERICAN WATER CO M /09/12 TINERVIA M /15/12 POSTMASTER V.00 12/11/12 * NOT A VALID VENDOR * /11/12 A.R. COMMUNICATIONS /11/12 AARD, INC /11/12 AARDVARK /11/12 ABSOLUTE FIRE PROTECTION CO., INC /11/12 ACS GOVERNMENT SYSTEMS, INC /11/12 ALL SEASONS SERVICE FARRELL'S INC /11/12 ANNE P. ROONEY /11/12 ANTHONY VILLANE /11/12 ARAMARK UNIFORM SERVICE /11/12 ARTIE'S CUSTOM STYLING /11/12 ARTISTIC BRONZE PLAQUES /11/12 ASBURY PARK PRESS /11/12 ASSOCIATED HUMANE SOCIETIES /11/12 ATLANTIC DETROIT DIESEL ALLISON, INC /11/12 ATLANTIC FIRE AND SECURITY INC /11/12 ATLANTIC PAVING & SEALCOATING CO /11/12 ATLANTIC PLUMBING SUPPLY CORP /11/12 ATTILIO'S /11/12 AVAYA FINANCIAL SERVICES /11/12 AVAYA, INC /11/12 BAIN'S HARDWARE, INC /11/12 BARBARA MAGUIRE /11/12 BOROUGH OF EATONTOWN /11/12 BRADFORD DODSON /11/12 BUILDERS GENERAL /11/12 CAMBRIA COMPANIES /11/12 CARL E GRIFFIN V /11/12 CELTIC CONCEPTS, INC /11/12 CENTRAL JERSEY OFFICE EQUIPMENT, INC /11/12 CERTIFIED SPEEDOMETER SERVICE /11/12 CHERYL SWIDER /11/12 COMCAST /11/12 COMCAST /11/12 COMCAST OF MONMOUTH /11/12 COUNTY OF MONMOUTH FINANCE DEPARTMENT /11/12 CUSTOM TIRE ASSOCIATES /11/12 DENNIS A. COLLINS ESQ /11/12 DEW DROP LAWN SPRINKLERS /11/12 DONALD CLARE /11/12 DONALD SALZMANN CO /11/12 DREW WINANS /11/12 DREW WINANS, MBPD CUSTODIAN OF /11/12 DYNA SYSTEMS /11/12 ECONO SIGNS LLC.

4 /11/12 ESI EQUIPMENT, INC /11/12 FARMHOUSE ELECTRIC /11/12 FOGGIA FLORIST & GREENHOUSES /11/12 FORMS PLUS /11/12 FOX EQUIPMENT COMPANY /11/12 FREEHOLD WELDING, INC /11/12 GALLS, AN ARAMARK COMPANY /11/12 GEMPLER'S /11/12 GEORGE HYNDSMAN PLUMBING & HEATING /11/12 GEORGE WALL LINCOLN MERCURY /11/12 GLUCKWALRATH LLP /11/12 GOODYEAR AUTO SERVICE CENTER /11/12 GRAINGER GOVERNMENT CALL CENTER /11/12 HAYBERG RESTORATION NETWORK LLC /11/12 HEATHER E. TYNAN /11/12 HOFFMAN SERVICES, INC /11/12 HOME DEPOT CREDIT SERVICES /11/12 HOOVER TRUCK CENTERS /11/12 HORIZON BLUE CROSS BLUE SHIELD OF NJ INC /11/12 INDUSTRIAL/MARINE FABRICATORS /11/12 INSTITUTE FOR PROFESSIONAL DEVELOPMENT /11/12 INTELLIGENT PRODUCTS INC /11/12 J&M QUALITY CONTRACTING LLC /11/12 JERSEY CENTRAL POWER & LIGHT /11/12 JERSEY SHORE EXCAVATING /11/12 JOHN L. KRAFT, ESQ /11/12 JOHN V SHEERAN /11/12 JOSEPH MASICA /11/12 JPR MAINTENANCE, INC /11/12 JSM PETROLEUM /11/12 KELLY SCATTURO /11/12 KEPWELL SPRING WATER CO., INC /11/12 KEVIN E. KENNEDY, ESQ /11/12 KUDOS ENTERPRISES, INC /11/12 LANIGAN ASSOCIATES, INC /11/12 LAURA LOVGREN /11/12 LAWES COAL COMPANY, INC /11/12 MES-PENNSYLVANIA /11/12 MGL PRINTING SOLUTIONS /11/12 MICHAEL A IRENE, JR. ESQ /11/12 MIDDLETOWN TOWNSHIP FIRE ACADEMY /11/12 MITCHELL HUMPHREY & CO /11/12 MONMOUTH & OCEAN AWNING CO /11/12 MONMOUTH COUNTY CLERK /11/12 MONMOUTH COUNTY POLICE ACADEMY /11/12 MONMOUTH COUNTY REGIONAL HEALTH COMM # /11/12 MONMOUTH COUNTY TAX ADMINISTRATOR /11/12 MR. JOHN INC /11/12 MUNIDEX, INC /11/12 NAPA AUTO PARTS /11/12 NEW JERSEY AMERICAN WATER CO /11/12 NEW JERSEY CONFERENCE OF MAYORS /11/12 NEW JERSEY DEPARTMENT OF LABOR /11/12 NEW JERSEY LEAGUE OF MUNICIPALITIES /11/12 NEW JERSEY NATURAL GAS CO /11/12 OLIWA & COMPANY /11/12 PAM RUOFF /11/12 PATRICIA KELLER /11/12 PAUL REMINGTON /11/12 PAULA MURRAY /11/12 POSTMASTER, BOROUGH OF MONMOUTH BEACH /11/12 PRESCRIPTION CORPORATION OF AMERICA /11/12 PUBLIC EMPLOYEES' RETIREMENT SYS OF N.J /11/12 R & H SPRING & TRUCK REPAIR, INC /11/12 REALTY APPRAISAL CO /11/12 RED BANK RECYCLING DEMOLITION /11/12 RED THE UNIFORM TAILOR /11/12 RELIABLE WOOD PRODUCTS, LLC /11/12 RICHARD DE BARTOLIS /11/12 RYSER'S LANDSCAPE SUPPLY /11/12 RYSER'S LAWN & TREE /11/12 SANITATION EQUIPMENT CORP /11/12 SCOLES FLOORSHINE IND /11/12 SEABOARD FIRE & SAFETY EQUIPMENT CO /11/12 SIPERSTEIN'S PAINT /11/12 SNAP ON INDUSTRIAL/SNAP ON TOOLS CORP /11/12 SPECTROTEL /11/12 STAPLES BUSINESS ADVANTAGE /11/12 STAPLES CONTRACT AND COMMERCIAL, INC /11/12 STAPLES CREDIT PLAN /11/12 STRATEGIC PRODUCTS AND SERVICES /11/12 SUNNY COMMUNICATIONS INC /11/12 SUSAN JASIO KOCH /11/12 SYRACUSE SIGNS /11/12 T & M ASSOCIATES V.00 12/11/12 * NOT A VALID VENDOR * /11/12 THE HOLLANDER COMPANY /11/12 THE LINK NEWS /11/12 TIMOTHY MUCCIO/T M PLANTS /11/12 TINERVIA PLUMBING AND HEATING /11/12 TOTAL GROUNDS, INC /11/12 TREASURER, STATE OF NEW JERSEY /11/12 TREASURER, STATE OF NEW JERSEY

5 V /11/12 TRICO CREDIT CORP /11/12 UL LLC /11/12 UNITED COMPUTER SALES & SERVICE INC /11/12 UP TITE FASTENERS, INC /11/12 US BANK CUST FOR CRESTAR CAPITAL LLC /11/12 VERIZON COMMUNICATIONS /11/12 VERIZON WIRELESS /11/12 W. H. POTTER & SON INC /11/12 WRIGHT EXPRESS FSC V.00 12/11/12 * NOT A VALID VENDOR M /11/12 TRICO CREDIT CORP M /15/12 SHORE REGIONAL HIGH SCHOOL M /15/12 SHORE REGIONAL HIGH SCHOOL Commissioner McBride moved, seconded by Commissioner Cunniff that the following Consent Agenda items be passed and adopted: WHEREAS, Section 3d of the Open Public Meetings Act, Chapter 231, Public Law 1975 requires that certain notice of meetings be submitted to two (2) newspapers, one of which shall be the official newspaper; and WHEREAS, the second newspaper designated by this body must be one which has the greatest likelihood of informing the public within the jurisdictional boundaries of this body of such meetings; Borough of Monmouth Beach, County of Monmouth, State of New Jersey as follows: 1. The Asbury Park Press, Neptune, New Jersey, is hereby designated to receive all notices of meetings as required under the Open Public Meetings Act. 2. It is the opinion of this body that The Link, Long Branch, New Jersey has the greatest likelihood of informing the public within the jurisdictional area of this body of such meetings. 3. This Resolution shall take effect immediately. WHEREAS, Section 13 of the "Open Public Meetings Act," Chapter 231, Public Law 1975, requires that there be prepared, mailed, posted and distributed in accordance with the provisions thereof a schedule of the regular meetings to be held by the Board of Commissioners of the Borough of Monmouth Beach, County of Monmouth, State of New Jersey, in the calendar year 2013; and WHEREAS, said schedule must state the location, time and date of each such meeting; Borough of Monmouth Beach that the location, time and dates of the regular meetings of said Board of Commissioners be as follows: 1. As a result of the damage to the Borough Hall as a result of Hurricane Sandy, all of said regular meetings shall be held at the Church of the Precious Blood Parish Center, 72 Riverdale Avenue, Rear, Monmouth Beach, New Jersey, until further notice. Each such meeting shall commence at 6:00 p.m., prevailing time. 2. The dates of said regular meetings are as follows: January 08, 2012 July 09, 2013 February 12, 2013 August 13, 2013 March 12, 2013 September 09, 2013 April 09, 2013 October 08, 2013

6 May 14, 2013 November 12, 2013 June 11, 2013 December 10, 2013 January 14, 2014 BE IT FURTHER RESOLVED that the Clerk of the Borough of Monmouth Beach is hereby directed to forthwith: 1. Post a true copy of this Resolution in a prominent place reserved for that purpose in the Borough Hall. 2. Transmit true copies thereof to The Asbury Park Press, Neptune, New Jersey and The Link News, Long Branch, New Jersey. 3. Maintain a true copy thereof in the Municipal Clerk's office. 4. Transmit true copies of said Resolution to such persons as may request the same pursuant to Section 14 of said Act. WHEREAS, there exists a need for the services of a Borough Attorney for the Borough of Monmouth Beach for the year 2013; and WHEREAS, funds are available for this purpose; and WHEREAS, the Local Public Contracts Law, R.S. 40A:11-1 et.seq., requires that the Resolution authorizing the award of contracts for "Professional Services" without competitive bidding must be published no more than ten (10) days following the adoption thereof; Borough of Monmouth Beach as follows: 1. The Mayor and Municipal Clerk are hereby authorized on behalf of the Borough, to retain Dennis A. Collins, Esq., an Attorney-At-Law of the State of New Jersey, to perform the service of Borough Attorney for the year 2013 and do hereby appoint Dennis A. Collins to that office. 2. Said attorney is retained and appointed to the office of Borough Attorney without competitive bidding as a "Professional Service" under the provisions of the Local Public Contracts Law because the service rendered or performed is to be done by a person authorized by law to practice a recognized profession and whose profession and practice is required by law and bids are not required as per R.S. 40A: The Contract has been awarded in compliance with State Law under a Fair and Open process as having been duly advertised as a request for proposal. This award shall be contingent upon the execution of a Business Entity Disclosure Certification as well as all other submissions as required by law. 4. A copy of this Resolution shall be published as required by law within ten (10) days of its passage. The Resolution and contract are on file and available for public inspection in the office of the Borough Clerk. WHEREAS, there exists a need for the services of a Borough Engineer for the Borough of Monmouth Beach for the year 2013; and WHEREAS, the Local Public Contracts Law, R.S. 40A:11-1 et seq., requires that the Resolution authorizing the award of contracts for "Professional Services" without competitive bidding must be published no more than ten (10) days following the adoption thereof; Borough of Monmouth Beach as follows:

7 1. The Mayor and the Municipal Clerk are hereby authorized and directed to enter into an agreement with Francis W. Mullan, of T&M Associates, professional engineers of the State of New Jersey, to perform the services of Borough Engineer for the year 2013 and do hereby appoint Mr. Mullan to that office. 2. This Contract is awarded without competitive bidding as a "Professional Service" under the provisions of the Local Public Contracts Law because the service rendered or performed is to be done by a person or persons authorized by law to practice a recognized profession and whose practice is regulated by law and bids are not required as per R.S 40A: The Contract has been awarded in compliance with State Law under a Fair and Open process as having been duly advertised as a request for proposal. This award shall be contingent upon the execution of a Business Entity Disclosure Certification as well as all other submissions as required by law. 4. A copy of this Resolution shall be published within ten (10) days of its passage as required by law. The Resolution and contract are on file and available for public inspection in the office of the Municipal Clerk. WHEREAS, there exists a need for the services of a Bond Attorney for the Borough of Monmouth Beach for the year 2013; and WHEREAS, funds are available for this purpose and will not exceed $17,500; and WHEREAS, the Local Public Contracts Law, R.S. 40A:11-1 et. seq., requires that the Resolution authorizing the award of contracts for "Professional Services" without competitive bidding must be published no more than ten (10) days following the adoption thereof; Borough of Monmouth Beach as follows: 1. The Mayor and Borough Clerk are hereby authorized on behalf of the Borough, to retain John L. Kraft, Esq., L.L.C., with offices at 505 Thornall Street, Suite 206, Edison, NJ 08837, an Attorney At Law of the State of New Jersey, to perform the service of Bond Counsel for the year 2013 and do hereby appoint John L. Kraft to that office. 2. Said attorney is retained and appointed to the office of Bond Attorney without competitive bidding as a "Professional Service" under the provisions of the Local Public Contracts Law because the service rendered or performed is to be done by a person authorized by law to practice a recognized profession and whose profession and practice is required by law and bids are not required as per R.S. 40A: This award shall be contingent upon the execution of a Business Entity Disclosure Certification as well as all other submissions as required by law. 4. A copy of this Resolution shall be published as required by law within ten (10) days of its passage. The Resolution and contract are on file and available for public inspection in the office of the Borough Clerk. WHEREAS, there exists a need for the services of a Registered Municipal Accountant to prepare the annual audit for the year 2012 as required by R.S. 40A:5-4; and WHEREAS, funds for this purpose will be provided for in the 2013 municipal budget; and

8 WHEREAS, the Local Public Contracts Law, R.S. 40A:11-1 et. seq., requires that the Resolution authorizing the award of contracts for "Professional Services" without competitive bidding must be published no more than ten (10) days following the adoption thereof; Borough of Monmouth Beach as follows: 1. The Mayor and Municipal Clerk are hereby authorized and directed to execute an agreement with Robert S. Oliwa for that office. 2. This contract is awarded without competitive bidding as a "Professional Service" under the provisions of the Local Public Contracts Law because the service rendered or performed is to be done by a person authorized by law to practice a recognized profession and whose practice is regulated by law and bids are not required per R.S. 40: The Contract has been awarded in compliance with State Law under a Fair and Open process as having been duly advertised as a request for proposal. This award shall be contingent upon the execution of a Business Entity Disclosure Certification as well as all other submissions as required by law. 4. A copy of this Resolution shall be published within ten (10) days of its passage as required by law. TO: BE IT RESOLVED that the following transfers be made in the 2012 Municipal Budget: FROM: Public Buildings & Grounds- Other Expenses 5, Police- Salaries and Wages 10, Municipal Court Salaries and Wages Fuel Oil 3, Computerized Data Processing Insurance Other Expenses 1, Total 20, Public Buildings & Grounds Salaries & Wages 5, Uniform Fire Safety Act Other Expenses 2, Sanitation Salaries & Wages 10, Landfill Fees Other Expenses 3, Total 20, that John Antonides be appointed as interim Chief Finance Officer of the Borough of Monmouth Beach for a period of 90 days. that John Antonides be appointed as interim Tax Collector of the Borough of Monmouth Beach for a period of 90 days. that Aaron Lay, 43 Water Street, Colts Neck, NJ 07722, be and is hereby appointed to serve as a Special Police Officer, Class II, for the Borough of Monmouth Beach; and

9 BE IT RESOLVED that said appointment is for the period of one year and shall be effective as of December 12, 2012; and BE IT FURTHER RESOLVED that a true copy of this Resolution be transmitted to Drew Winans, Chief, Monmouth Beach Police Department. that T&M Associates be authorized to advertise for bids for the Monmouth Beach Bathing Pavilion Repair and Reconstruction of the Deck and Snack Bar Area Project. The Clerk read the following Ordinance by title only: AN ORDINANCE AMENDING AND SUPPLEMENTING ARTICLES AND OF CHAPTER XXX TITLED LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE BOROUGH OF MONMOUTH BEACH TO AMEND CERTAIN DEFINITIONS AND BUILDING HEIGHT LIMITATIONS Dennis Collins, Borough Attorney, noted that this ordinance had been introduced at the November 15 meeting with the public hearing scheduled for tonight. He said he had recommended that the Commissioners table the ordinance at this time because they did not know the new base flood elevation numbers that FEMA was going to release. Mr. Collins said that as a result, this ordinance might not go far enough. Commissioner McBride moved, seconded by Commissioner Cunniff that the meeting be opened to the public. There being no further comments or questions, closed. Commissioner Cunniff moved, seconded by Commissioner McBride that the meeting be Commissioner McBride moved, seconded by Commissioner Cunniff that the meeting be adjourned. Mayor Howard Commissioner Cunniff Commissioner McBride ATTEST: Joyce L. Escalante, RMC Borough Clerk December 11, 2012

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