Mayor Fernandes called the meeting to order and requested those present to join her in the Pledge of Allegiance to the Flag.

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Sea Bright, New Jersey Council Meeting Minutes October 4, 2011 7:30 P.M. Mayor Fernandes called the meeting to order and requested those present to join her in the Pledge of Allegiance to the Flag. Mayor Fernandes read the following statement: GOOD EVENING LADIES AND GENTLEMEN. THIS MEETING IS NOW CALLED TO ORDER. IN LINE WITH THE S LONGSTANDING POLICY OF OPEN GOVERNMENT, AND IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT N.J.S.A. 10:4-6 et seq., I WISH TO ADVISE YOU THAT ADEQUATE NOTICE OF THIS REGULARLY SCHEDULED MEETING HAS BEEN ADVERTISED IN THE ASBURY PARK PRESS ON JANUARY 20, 2011 AND POSTED ON THE BULLETIN BOARD IN THE BOROUGH OFFICE. IN EACH INSTANCE, THE DATE, TIME AND LOCATION OF THIS MEETING WERE PROVIDED IN THE NOTICE. THIS /MEETING IS OPEN TO THE PUBLIC. 3. ROLL CALL : PRESENT: Bills, Keeler, Long, Murphy, Mayor Fernandes, Attorney Oxley, Chief Financial Officer Bascom, Engineer Flor, Police Chief Sorrentino, Administrator Kachmar. ABSENT: Kelly, LoBiondo 4. MINUTES Councilman Keeler introduced a motion approving the Sept. 20, 2011 Executive Session Minutes. Second by Councilwoman Bills and approved up the following roll 5. COMMENTS FROM THE PUBLIC (limited to 3 minutes per person) No one wished to be heard. 6. CONSENT AGENDA: A Certification of Funds supports any items requiring expenditure; any items requiring discussion will be removed from the Consent Agenda: A. Councilman Murphy introduced and approved for adoption the following: 1 RESOLUTION NO.183-2011 PAYMENT OF BILLS 10-04-2011 WHEREAS, the following listed vouchers have been audited and found to be correct. NOW, THEREFORE, BE IT RESOLVED that these vouchers totaling $ 654,202.02 are to be paid; and BE IT FURTHER RESOLVED, that proper Officers are hereby authorized to execute and issue warrants for payments of said vouchers, but only if and when conditions of the Borough Treasury shall permit, and the said vouchers be approved by the proper Committees. 01578 AMERICAN MESSAGING 11-01120 09/29/11 DPW-OCT 2011 PAGER SERVICE Open 49.46 00384 AT & T MOBILITY 11-01093 09/26/11 DPW-SEP 2011 CELL BILL Open 103.11 01241 BAIN'S HARDWARE, INC. 11-01050 09/14/11 AUG 2011 PURCHASES Open 666.70 01631 BOROUGH OF OCEANPORT

11-00951 08/11/11 COURT SHARED SERVICES:OCT 2011 Open 6,503.34 01249 BRANAGAN, SUZANNE 11-01119 09/29/11 A&E-9/15/11 TRAVEL Open 20.00 01546 C.I.T. TECHNOLOGY FIN SERV,INC 11-00061 01/21/11 POLICE DEPT-2011 COPIER LEASE Open 147.72 00063 CHESAPEAKE EXTERMINATING CO. 11-01092 09/26/11 BLDGS/GRNDS-JUL/AUG'11 EXTERM Open 60.00 00832 CIAMBRUSHINI, RALPH & KATHLEEN 11-01012 09/01/11 TAX PAYMENT REFUND B30/L17 Open 596.97 00249 CLARK, DOUGLAS 11-01060 09/19/11 SEWER-REIMB:COMPUTER CABLE Open 13.90 00198 COMCAST 11-01068 09/19/11 POLICE DEPT-INTERNET:SEP 2011 Open 95.17 11-01099 09/27/11 FIRE DEPT-INTERNET:OCT 2011 Open 95.17 190.34 01320 DEMAIO, R.N. 11-01061 09/19/11 BLDGS/GRNDS-TOWELS,T/TISSUE Open 390.92 01187 FSD ENTERPRISES, LLC 11-01100 09/27/11 A&E-CELL TOWER CONSULTANT Open 3,000.00 02181 GATEWAY PRESS 11-01041 09/14/11 LIBRARY-HARVEST DINNER INVITES Open 860.00 01198 GUARANTEED PLANTS & FLORIST 11-01027 09/09/11 RECREATION-WREATH:9/11/11 SERV Open 75.00 01286 INDUSTRIAL MARINE 11-01029 09/12/11 REIMB:AUG 2011 ELECTRIC Open 167.49 00725 INTREPID SEA AIR SPACE MUSEUM 11-00887 07/27/11 REC-8/24 POLICE EXPLORER TRIP Open 1,060.00 01526 JCP & L 11-01077 09/21/11 AUG 2011 ELECTRIC SERVICE Open 8,906.82 01798 JERSEY SHORE EXCAVATING, INC. 11-01098 09/27/11 HURRICANE IRENE CLEAN-UP Open 8,055.00 00297 JESSE A. HOWLAND & SONS, INC. 11-00693 06/13/11 DPW-GARAGE RENT-OCT 2011 Open 1,772.00 11-00694 06/13/11 DPW-ADDT'L GARAGE RENT-OCT'11 Open 893.00 2,665.00 02071 LAB SAFETY SUPPLY, INC. 11-00586 05/16/11 FIRE DEPT-VARIOUS ITEMS Open 897.47 00015 LANIGAN ASSOCIATES, INC. 11-00707 06/14/11 POLICE DEPT-BODY ARMOR Open 812.50 00275 M & S WASTE SERVICES, INC. 11-00155 02/07/11 2011 TRASH/RECYCLING PICKUP Open 9,725.00 11-01015 09/02/11 DUMPSTER+DISP FEE:BEACH DEBRIS Open 8,013.23 11-01042 09/14/11 08/11 LANDFILL TIPPING FEES Open 9,889.69 11-01043 09/14/11 AUG 2011 EXTRA RECYCLING P-UP Open 315.00 27,942.92 01854 MONMOUTH COUNTY BOARD/TAXATION 11-01057 09/19/11 TAX ASSESSOR-POSTCARD MAILING Open 364.84 00315 MORGANO, PAUL 11-00755 06/27/11 BLDGS/GRNDS-2011 BRUSH CONTROL Open 200.00 11-00875 07/26/11 BLDGS/GRNDS-2011 MOWING SERV Open 900.00 11-00876 07/26/11 BLDGS/GRNDS-2011 WEEDING Open 700.00 1,800.00 00137 MUNICIPAL CAPITAL CORPORATION 11-00059 01/21/11 A&E-2011 COPIER LEASE Open 225.20 01478 NATIONAL WATER MAIN CLEANING 11-00148 02/04/11 TRENCHLESS SEWER REHAB Open 14,502.60 00696 NEW JERSEY FIRE EQUIPMENT CO. 11-00672 06/13/11 FIRE DEPT-HYDRO TESTING Open 805.00 11-00742 06/27/11 FIRE DEPT-SCBA FLOW TESTING Open 1,280.00 2,085.00 00019 NJ AMERICAN WATER 11-01074 09/20/11 AUG 2011 WATER UTILITY Open 1,761.48 00502 NJ STATE LEAGUE/MUNICIPALITIES 11-01125 09/29/11 LEAGUE CONFERENCE REGISTRATION Open 200.00 01309 OCEANPORT BOARD OF EDUCATION 11-00949 08/11/11 GRADE SCHOOL TAX - OCT 2011 Open 90,528.16 00743 OFFICE MAX, INC. 2

11-01014 09/01/11 SEWER-NEW COMPUTER Open 644.00 01092 RED BANK RECYCLING & AUTO 11-01062 09/19/11 DPW-TIRE DISPOSAL FEE Open 28.00 00788 SCARINCI & HOLLENBECK, LLC 11-00137 02/02/11 LEGAL-2011 RETAINER Open 416.67 01640 SEA BRIGHT PIZZA 11-01058 09/19/11 BEACH-8/16/11 (25) PIZZAS Open 250.00 01724 SEASIDE MATERIALS, INC. 11-00974 08/18/11 BLDGS/GRNDS-(2) BENCH SECTIONS Open 213.28 01048 SEMAN-TOV, INC. 11-00976 08/18/11 REC-POLICE CAMP BUS TRIPS Open 1,440.00 01027 SHORE BUSINESS SOLUTIONS 11-01019 09/06/11 POLICE-COPIER ANNUAL MAINT FEE Open 480.00 00053 SHORE REGIONAL HIGH SCHOOL 11-00953 08/11/11 HIGH SCHOOL TAX - OCT 2011 Open 142,497.66 01328 STAPLE BUSINESS ADVANTAGE 11-01066 09/19/11 OFFICE SUPPLIES Open 328.04 00285 STAPLE'S ADVANTAGE 11-01009 09/01/11 POLICE DEPT-OFFICE SUPPLIES Open 149.00 00083 T & M ASSOCIATES 10-00624 05/18/10 IMPROV:NORMANDIE PL/BEACH WAY Open 410.00 11-00134 02/02/11 SANITARY SEWER LINE REPAIRS Open 19.55 11-00136 02/02/11 ENGINEERING-2011 RETAINER Open 250.00 11-00377 03/23/11 DEVELOP:MUNICIPAL FACILITIES Open 18,639.22 11-00499 04/21/11 PREP BID SPECS:TRASH/RECYCLING Open 2,271.25 11-00538 05/05/11 ENGINEERING:8 CENTER STREET Open 19,117.16 11-00757 06/27/11 UPDATE NJDEP SPPP Open 956.25 11-00763 06/27/11 ENGINEERING:25 CENTER STREET Open 3,062.50 11-01063 09/19/11 ZONING OFFICER-7/8-8/11/11 Open 1,375.00 11-01064 09/19/11 ENGINEERING-6/27-6/30/11 DPW Open 875.66 11-01065 09/19/11 ENGINEERING-6/27-8/18/11 MISC Open 1,425.67 48,402.26 01285 THE HOME DEPOT 11-00804 07/07/11 BLDGS/GRNDS-BLANKET:MISC SUPP Open 192.20 00425 THE NEW YORK TIMES 11-01090 09/26/11 LIBRARY-1 YEAR SUBSCRIPTION Open 593.76 00262 TRATTORIA G 11-01059 09/19/11 BEACH-8/16/11 (15) SUBS Open 135.00 02114 TWO RIVERS WATER RECLAMATION 11-00947 08/11/11 2011 PYMT 4/4 SEWER CHARGE Open 93,070.75 01020 VERIZON COMMUNICATIONS 11-01067 09/19/11 DPW-DSL INTERNET:AUG 2011 Open 49.99 02061 VERIZON WIRELESS 11-01082 09/22/11 POLICE-SEP 2011 CELL & MDT Open 858.40 BORO OF SEA BRIGHT PAYROLL A/C (9/15/11 PAYROLL) 110,031.27 BORO OF SEA BRIGHT PAYROLL A/C (9/30/11 PAYROLL) 79,596.74 U.S. POSTAL SERVICE (POSTAGE:LIBRARY MAILING) 173.06 TOTAL 654,202.02 Second by Councilwoman Bills and approved upon the following roll call vote: B. Councilman Murphy introduced and offered for adoption the following Resolution: 3 RESOLUTION NO. 187-2011 CONSTRUCTION PERMIT FEE WAIVER 8 CENTER STREET WHEREAS the Sea Bright Governing Body authorizes the waiver of construction permit fees for the 8 Center Street Severe Repetitive Loss project. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Sea Bright, County of Monmouth that a waiver of construction permit fees stated in Chapter 70 Section 3 for this project is hereby authorized.

Second by Councilwoman Bills and adopted upon the following roll C. Councilman Murphy introduced and offered for adoption the following resolution: 4 RESOLUTION 190-2011 APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE VILLAGE ROAD AND SANDPIPER LAND PROJECT NOW, THEEFORE, BE IT RESOLVED, that Council of the Borough of Sea Bright formally approves the grant application for the above-stated project. BE IT FURTHER RESOLVED, that the Mayor and Council and Clerk are hereby authorized to submit an electronic grant application identified as MA-2012 Sea Bright Borough-00097 to the New Jersey Department of Transportation on behalf of the Borough of Sea Bright. BE IT FURTHER RESOLVED, that the Mayor and Council and Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Sea Bright and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. Second by Councilwoman Bills and approved upon the following roll D. Councilman Murphy introduced and offered for adoption the following resolution: RESOLUTION 188-2011 SEWER ADJUSTMENT BE IT RESOLVED, by the Mayor and Council of Borough of Sea Bright, County of Monmouth, State of New Jersey that the proper officers, be and are hereby authorized to approved sewer adjustments on the following sewer account. BLOCK LOT ACCOUNT # AMOUNT 4 5 373-0 $ 4,920.30 30 47 1007-0 $ 2,930.40 30 4.01 960 $ 387.67 30 4.01 960-0 $ 316.80 NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of Sea Bright hereby approve the following sewer adjustment in the amount of $ 8,555.17. Second by Councilwoman Bills and approved upon the following roll

E. Councilman Murphy introduced a motion approving the request from 180 Turning Lives Around to host a Polar Plunge January 2012. Second by Councilwoman Bills and approved upon the following roll what does jack want. Murphy/Bills 6. RESOLUTIONS: A. Councilman Keeler introduced the following resolution and moved its adoption: RESOLUTION NO. 185-2011 REVIEW OF GENERAL COMMENTS AND RECOMMENDATIONS OF 2010 REPORT OF AUDIT WHEREAS, N.J.S. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the year 2010 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A:5-6, and a copy has been received by each member of the governing body; and WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, at a minimum, the sections of the annual audit entitled: GENERAL COMMENTS RECOMMENDATIONS and AUDITORS OPINIONS WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled: 5 GENERAL COMMENTS RECOMMENDATIONS AUDITORS OPINIONS as evidenced by the group affidavit form of the governing body; and WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the

receipt of the annual audit, as per the regulations of the Local Finance Board; and WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and WHEREAS, failure to comply with promulgations of the Local Finance Board of the State of New Jersey may subject the members of the governing body to the penalty provisions of R.S. 52:27BB- 52 to wit: R.S 52:27BB-52 - "A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office." NOW, THEREFORE BE IT RESOLVED, that the Governing Body of the Borough of Sea Bright, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. Second by Councilman Murphy and adopted upon the following roll B. Councilwoman Bills introduced and offered for adoption the following Resolution: RESOLUTION NO. 186-2011 APPROVAL OF CORRECTIVE ACTION PLAN FOR 2010 AUDIT WHEREAS, the Borough Council previously accepted the 2010 Borough of Sea Bright audit by resolution; and WHEREAS, the various Departments within the Borough have reviewed the recommendations portion of said audit and submitted a Corrective Action Plan to the Chief Financial Officer and Borough Council. NOW, THEREFORE, BE IT RESOLVED, that the Corrective Action Plan of the 2010 Borough of Sea Bright Audit be and is hereby accepted and is authorized for submission to the Division of Local Government Services. BE IT FURTHER RESOLVED, that two certified copies of this resolution be forwarded to the Division of Local Government Service and the Chief Financial Officer. Second by Councilman Murphy and adopted upon the following roll 6

C. Councilman Keeler introduced and offered for adoption the following resolution: RESOLUTION 189-2011 REJECTION OF ALL BIDS 8 CENTER STREET SEVERE REPETITIVE LOSS WHEREAS, sealed bids were received and read aloud by the Municipal Clerk on September 27, 2011 for the FY 2010 Severe Repetitive Loss Elevation Project, 8 Center Street Block 9, Lot 15, and; WHEREAS, a letter dated September 28, 2011 by Jaclyn J. Flor, P.E. of T&M Associates recommends that both bids be rejected for the following bidders: Bidder Address Amount Shore Environmental P.O. Box 8575 $188.00 Red Bank, NJ 07701 Rocon Contracting 705 Route 71 $189,400 Brielle, NJ 08730 WHEREAS, Shore Environmental bid an amount of $188.00 with an intent for $188,000, this being a fatal flaw therefore the bid cannot be accepted, and; WHEREAS, Rocon Contracting submitted a bid higher than the Engineer s estimate of $163,140, and; BE IT RESOLVED, that the Mayor and Council of the Borough of Sea Bright hereby authorize the return of all bids for the above project, and; NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mayor and Council of the Borough of Sea Bright hereby authorize Jaclyn J. Flor, P.E. of T&M Associates to rebid the FY 2010 Severe Repetitive Loss Elevation Project, 8 Center Street Block 9, Lot 15 on October 13, 2011. Second by Councilwoman Long and adopted upon the following roll 7. CORRESPONDENCE/REPORTS: A. Construction Department August 2011 Monthly Report. 8. DISCUSSION ITEMS: There were no items to discuss. 9. MAYOR S COMMUNICATIONS: thank police great work Taste of Sea Bright, concern that there is no bulkhead ordinance, Flor is waiting for 30 day period, public comment, waiting from FEMA. where is the money coming from to go forward with ordinance to be started. Murphy said that it is contingent with the money.. DPW should work on the ordinance not professionals which cost money. next council meeting is October 18 10. COMMENTS FROM THE AUDIENCE (limited to 3 minutes per person) Tom Kelly of 26 Center Street said that the pump was not working and 10 houses toward the river were not notified and one car was totaled. every high tide we were not notified. 7

Murphy Anderson said that the solution to raise the gas meters service gets flooded out building code should be changed for 11. OLD BUSINESS: A. Councilwoman Bills introduced and offered for adoption the following resolution: 8 Resolution No. 180-2011 Borough of Sea Bright Authorizing Representatives to the Two Rivers Water Reclamation Review Coalition Whereas, there is a coalition of Municipalities reviewing the customer service of the Two Rivers Water Reclamation Authority, and Whereas, the Borough of Sea Bright would like to have a representatives to said coalition to represent the Borough of Sea Bright interest, and Whereas, Councilman C. Read Murphy and Councilman J. Keeler attended the preliminary meeting, and Now, Therefore, Be It Resolved by the Mayor and Borough Council of Sea Bright, County of Monmouth, State of New Jersey that it hereby authorizes Councilman C. Reed Murphy and Councilman Jack Keeler to represent the Borough of Sea Bright to the Two Rivers Water Reclamation Authority Customer Service Review Coalition. Be, It Further Resolved, that a certified true copy of this resolution be forwarded to Councilman C. Reed Murphy, Councilman William J. Keeler, and the Borough of Rumson. Second by Councilman Kelly and approved upon the following roll Ayes Bills, Keeler, Kelly; Long, Murphy Absent LoBiondo B. Councilwoman Long introduced and approved for adoption the following: Resolution No. 181-2011 Borough of Sea Bright Authorizing Filling of Finance Clerk Vacancy Whereas, there is a need to fill a vacancy in the Finance Office, and Whereas, the Borough has advertized in the newspaper and on- line for applications for the position of Finance Clerk, and Whereas, the Borough Administrator selected 13 applicants from among 45 received and interviewed three, and Whereas, the Borough Administrator finalized it to one candidate, and Whereas, the Chief Financial Officer as Department head also interviewed said Candidate, and Now, Therefore, Be It Resolved, by the Mayor and Borough Council of Sea Bright, County of Monmouth, State of New Jersey that they here by authorize the hiring of said Candidate after the approval of Council Personnel Committee interview with the candidate, and Be It further Resolved that the position shall be Parttime with an hourly rate of $17.00.

CERTIFICATION OF FUNDS I, Michael J. Bascom, Chief Financial Officer, of the Borough of Sea Bright, do hereby certify that funds are available in Finance S & W, Sewer S & W, Beach S & W for the purpose stated herein. MICHAEL J. BASCOM, CFO Second by Councilman Kelly and approved upon the following roll Ayes : Bills, Keeler, Kelly, Long, Murphy Absent : LoBiondo C. Councilman Murphy introduced and approved for adoption the following: Borough of Sea Bright Resolution No. 182-2011 Authorizing Borough Administrator to Obtain Proposals for Review of the Sewer Billing Rates Whereas, the Borough of Sea Bright is interested in determining the expenses and cost and economics of being a Customer Town in the Two River Sewer Authority, and Whereas, in order to ensure fair, equitable, efficient cost controls, and Now, Therefore Be It Resolved that the Mayor and Borough Council of the Borough of Sea Bright, County of Monmouth, State of New Jersey that it here by authorize the Borough Administrator to seek a proposal from the Borough s Auditors Hutchins, Farrell, Meyers & Allison, P.A. to review said cost and billing and allocation of cost charged to the Sea Bright and if satisfactory in scope and cost to sign an agreement with the firm to perform said work. Be It Further Resolved, this contract shall not exceed $ 7,500.00 and should it be necessary to exceed that amount the Borough Council would review the request at that time, and Be It Further Resolved that a certified true copy of this resolution be forward to the Borough Administrator and Hutchins, Farrell, Meyers & Allison. CERTIFICATION OF FUNDS I, Michael J. Bascom, Chief Financial Officer, of the Borough of Sea Bright, do hereby certify that funds are available in Sewer O/E for the purpose stated herein. MICHAEL J. BASCOM, CFO Second by Councilwoman Bills and approved upon the following roll Ayes: Bills, Keeler, Kelly, Long, Murphy Nays: Absent: LoBiondo 9

I, Richard M. Kachmar, do hereby Certify that the foregoing is a Resolution adopted by the Borough Council of the Borough of Bright, County of Monmouth, State Of New Jersey, at a Council Meeting held on Sept. 20, 2011. Richard M. Kachmar, RMC Municipal Clerk Sea 12. NEW BUSINESS: There was no new business. 13. ADJOURNMENT: There being no further business before the Governing Body. Councilman Murphy made a motion to adjourn the meeting at 7:55 P.M. Second by Councilwoman Bills and approved upon unanimous voice vote. Respectfully Submitted, RICHARD M. KACHMAR MUNICIPAL CLERK 10