Previous Minutes REGULAR MEETING
DECEMBER 12, 2005 - 7:00 P.M.

Pledge of Allegiance.

Roll Call: Commissioner Mahon, Commissioner Kropke, Mayor Gibney

Borough Clerk reads the following statement:

   This is a regular meeting of the Board of Commissioners of the Borough of Avon-By-The-Sea and notice of time, date and place has been transmitted to the area newspapers, Avon Board of Education, Avon Post Office and the Avon Public Library in compliance with the rules and regulations of the Open Public Meetings Law.
   Fire Exits are located in the direction I am indicating. In case of fire, you will be notified by an alarm bell. If so notified, please move in a calm, orderly manner to the nearest smoke free exit. Thank you.

Motion by Gibney seconded by Kropke that the minutes of the meeting of November 28, 2005 be approved as written and posted.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Kropke that,

ORDINANCE NO. 12-2005 entitled:

"AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 120, MUNICIPAL BUILDING USE FEES, OF THE CODE OF THE BOROUGH OF AVON-BY-THE-SEA, IN THE COUNTY OF MONMOUTH, NEW JERSEY."
be introduced on first reading.
The Vote:
Aye: All
No: None

Motion by Gibney seconded by Kropke that the above Ordinance No. 12-2005 be taken up on second reading with a hearing on January 9, 2006 at 7:00 p.m. in the Municipal Building.
The Vote:
Aye: All
No: None

Mayor announces that this is the time advertised for second reading and hearing on Ordinance No. 9-2005 entitled:

"AN ORDINANCE TO AMEND AND SUPPLEMENT THE
CODE OF THE BOROUGH OF AVON-BY-THE-SEA,
CHAPTER 113, LAND DEVELOPMENT."

Would anyone like to be heard on the above ordinance?

Motion by Gibney seconded by Kropke that the public portion of the above Ordinance No. 9-2005 be tabled until the end of the meeting.
The Vote:
Aye: ___
No: ___

Motion by Gibney seconded by Kropke that the above Ordinance No. 9-2005 be approved on second reading and its passage published in a newspaper as required by law.
The Vote:
Aye: None
No: All

Mayor announces that this is the time advertised for second reading and hearing on Ordinance No. 10-1005 entitled:

" AN ORDINANCE AMENDING AND SUPPLEMENT-
ING CHAPTER 93, DOGS AND OTHER ANIMALS,
OF THE CODE OF THE BOROUGH OF AVON-BY-
THE-SEA, IN THE COUNTY OF MONMOUTH, NEW
JERSEY. "

Article I
93-1. Definitions. (Add)

Feed - to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

Wildlife - all animals that are neither human nor domesticated.

93-9.2. Wildlife Feeding. (Add)

No person shall feed, in any public park or on any other property owned or operated by the Borough of Avon-By-The-Sea, any wildlife.

All other terms and conditions of this ordinance shall remain in effect.

Would anyone like to be heard on the above ordinance? No one.

Motion by Gibney seconded by Kropke that the above Ordinance No. 10-2005 be approved on second reading and its passage published in a newspaper as required by law.
The Vote:
Aye: All
No: None

Mayor announces that this is the time advertised for second reading and hearing on Ordinance No. 11-2005 entitled:

" AN ORDINANCE TO ADD A NEW CHAPTER 143,
ENTITLED "STORMWATER RUNOFF AND
DISCHARGE", TO THE CODE OF THE BOROUGH
OF AVON-BY-THE-SEA, MONMOUTH COUNTY,
NEW JERSEY. "

143.1 Purpose.

The purpose of this chapter is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Avon-By-The-Sea, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. And, also, to prohibit illicit connections to said system.

143.2 Definitions.

a. Domestic sewage - waste and wastewater from humans or household operations.
b. Illicit connection - any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Avon-By-The-Sea, unless that discharge is authorized under a NJPDES permit other that the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
c. Industrial waste - non-domestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. 1317 (a), (b), or (c).
d. Municipal separate storm sewer system (MS4) - a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Avon-By-The-Sea or other public body, and is designed and used for collecting and conveying stormwater.
e. NJPDES permit - a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
f. Non-contact cooling water - water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
g. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
h. Process wastewater - any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
i. Stormwater - water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

143.3. Improper Disposal of Waste

A. Prohibited Conduct:

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Avon-By-The-Sea is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

B. Exceptions to Prohibition:

1. Water line flushing and discharges from potable water sources.
2. Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
3. Air conditioning condensate (excluding contact and non-contact cooling water).
4. Irrigation water (including landscape and lawn watering runoff).
5. Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. Residential car washing water and residential swimming pool discharges.
7. Sidewalk, driveway and street wash water.
8. Flows from fire fighting activities including the washing of fire fighting vehicles.
9. Vehicle and equipment washwater from municipal operations pursuant to Part I, Section F.8.e of the Borough's Tier A Municipal Stormwater General Permit.
10. Flows from rinsing of the following equipment with clean water:
a. Beach maintenance equipment immediately following their use for their intended purposes; and
b. Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed form equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g. shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.

143-4. Illicit Connections

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Avon-By-The-Sea any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).

143-5. Enforcement

This ordinance shall be enforced by the Police Department, Code Enforcement, Department of Public Works Superintendent or Department of Water/Sewer Superintendent of the Borough of Avon-By-The-Sea.

143-6. Violations and Penalties

Any person, contractor or utility who violates any provision of this ordinance shall, upon conviction thereof, be liable to the penalty provided by Chapter I, Section 1-15. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

This ordinance shall become effective immediately upon its final passage and publication as required by law.

Would anyone like to be heard on the above ordinance? No one.

Motion by Gibney seconded by Kropke that the above Ordinance No. 11-2005 be approved on second reading and its passage published in a newspaper as required by law.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Kropke that,

WHEREAS, properties reflect 2005 tax and water/sewer balances and credit balances of less than $10.00, and

WHEREAS, it is deemed unfeasible to incur the cost of collecting or refunding balances of less than $10.00,

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Avon-By-The-Sea that the Tax Collector, pursuant to R.S. 54:4-91 and R.S. 54:4-91.2 is authorized and directed to cancel the 2005 tax and water/sewer balances less than $10.00 and credit balances of less than $10.00 for each of the properties.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Kropke that,

BE IT RESOLVED that upon the recommendation of the Borough of Avon-By-The-Sea Tax Collector:

1. There shall be a ten (10) day grace period on the quarterly taxes, after which unpaid taxes will be charged interest back to the due date.
2. Interest shall be charged and calculated at the rate of eight (8)% per annum on the first $1,500.00 of the delinquency, and eighteen (18)% per annum on any amount in excess of$1,500.00 calculated from the date the tax was payable until the actual payment is received until all of the delinquencies on a property are brought to a current status.
3. There shall be a six (6)% penalty for a delinquency over $10,000.00 if not paid prior to the end of the calendar year. Delinquency is defined to mean the sum of all taxes and municipal charges due on a given parcel of property covering any number of quarters.
4. Redemption fees for Tax Sale Certificates are as follows:
Two (2)% on certificates $200.00 to $4,999.99
Four (4)% on certificates $5,000.00 to $9,999.99
Six (6)% on certificates over $10,000.00
5. A service charge of $20.00 will be charged for each returned check, used to make any payment to the Borough of Avon-By-The-Sea, for any reason specified by a financial institution.
6. A fee of $5.00 will be charged for the first duplicate copy of the tax bill requested by a mortgage servicing organization and a fee of $25.00 will be charged to each subsequent duplicate copy of the same bill in the same tax year.
7. All tax sale certificate redemption amounts shall be obtained from the Tax Collector. In addition, a $25.00 fee will be charged for each additional request for a redemption.

8. There shall be a fee of $100.00 for the issuance of a duplicate tax sale certificate.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Kropke that,

WHEREAS, there are unexpended balances of appropriations which are not needed, and other appropriations which will be deficient,

NOW, THEREFORE, BE IT RESOLVED that the following 2005 appropriation transfers be authorized:

BEACH    
FROM: Lifeguard S&W $8,000.00
Beach Landfill 1,200.00
  Beach Engineer 1,500.00
TO: Beach Police S&W $8,000.00
  Beach Streets S&W 2,700.00
CURRENT    
FROM: Fire Dept. S&W $1,400.00
  Blood Borne Path. 2,000.00
  Social Security 7,500.00
  Grant Coordinator 1,800.00
TO: Police S&W $4,300.00
Streets S&W 8,400.00

The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Kropke that,

WHEREAS, Mr. Benjamin Forcillo, has filed an application for allowance of a Veteran's Deduction in the amount of $250.00 and a Senior Citizen's Deduction in the amount of $250.00 with supporting documentation, thus making him eligible for a $500.00 property deduction for 2005, and

WHEREAS, Mr. Forcillo having satisfied his property tax obligations for the fiscal year 2005, now reflects a $500.00 tax overpayment for the said year.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Avon-by-the-Sea, hereby authorize the Borough Treasurer to issue a check in the amount of $500.00 to Mr. Benjamin Forcillo of 224 Woodland Avenue, Avon, NJ, also known as Block 17, Lot 10.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Kropke that,

WHEREAS, the Board of Commissioners of the Borough of Avon-By-The-Sea desires to further the public interest by obtaining a grant from the State of New Jersey in the amount $6,822.00 to fund stormwater activities as described in the Scope of Services;

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners hereby authorize Mayor Daniel J. Gibney, to (a) make application for such a grant, (b) if awarded, to execute a grant agreement with the State and (c) to execute [ ] any amendments thereto [ ] any amendments thereto which do not increase the Grantee's obligations.

BE IT FURTHER RESOLVED that the Grantee agrees to comply with all applicable federal, state, and municipal laws, rules, and regulations in its performance pursuant to the agreement.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Kropke that,

WHEREAS, an emergency has arisen with respect to a payment to Municipal Excess Liability Joint Insurance Fund for employment practices, liability, retention and coinsurance invoice, and

WHEREAS, no adequate provision was made in the 2005 budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned, and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $19,599.39,

NOW, THEREFORE, BE IT RESOLVED by not less than two thirds (2/3) of all the members thereof affirmatively concurring that in accordance with N.J.S.A. 40A:4-48,

1. An emergency appropriation be and the same is hereby made for payment to the Municipal Excess Liability Joint Insurance Fund for employment practices, liability, retention and coinsurance invoice in the amount of $19,599.39.
2. That said emergency appropriation shall be provided in full in the 2006 budget, within CAPS, pursuant to the N.J.S.A. 40a:4045.3.c.(1).

NOW, THEREFORE, BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed with the Director of Local Government Services, and

AND, BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded the Chief Financial Officer and the Municipal Auditor.
The Vote:
Aye: All
No: None

Motion by Gibney seconded by Kropke that the bills in the amount of $424,574.73 be approved for payment.
The Vote:
Aye: All
No: None

Mayor Gibney introduced Jim Higgins, Planner; Rich Maloney, Vice Chair. Planning Board; and Bill Hopkinson, Chairman Planning Board.

Jim Higgins gave a general overview of the Master Plan and the changes in the proposed Land Development Ordinance. One such change pertains to fences and hedges - old ordinance was for clear as to fences and hedges. Now ordinance is more specific to fences and hedges.

Rich Maloney - said the board tried to fix the concerns that come before the board on a regular basis.

Mayor asks if anyone would like to be heard?

Jen Barbur said she is speaking only for herself. She like the sun, light and breeze that comes into here windows. Ordinance states that these things would be preserved but is in conflict with proposed changes that would allow hedges to grow to height of 25 feet and trees have no height limit. How does this preserve the sun, light and breeze?

Jim Higgins said that it is usually your responsibility to trim your side of the hedges. Most difficult issues to get a concensus on in a town is signs and hedges. Adequate provision for light, air, open space is a state land use provision that pertains to structures not vegetation or growth.

Gene McDonald, 80 First Ave. - why is the height of hedges 25 feet and not 10-15 feet? He likes what was done except for the height of hedges, etc. That is what was decided by the Planning Board.

Linda Henderson - you use the term consistency and fine-tuning. Please tell me how this is consistent when porches are regulated for sight and minimum obstruction?

Jim Higgins said it is not inconsistent because it applies to structures.

Linda Henderson - propose a solution or compromise maintain high hedges within the set backs of the lot. I urge you not to vote on this as it stands.

John Plunkett, 231 Lincoln Ave. - who is responsible to maintain the hedges? The owner of the hedge is responsible to maintain. Neighbor may trim if it encroaches on their property. It is not necessary to have something over 6 feet blocking light, air and open space. Why can't you grandfather the existing hedges and lower the height?

Mary Amato - changes brought the ordinance into line with what is in existence at many properties.

Leo Fink - does the Land Use Ordinance address business use? Yes, they are prohibited.

Liz DeBlock - under this new ordinance, can my neighbor plant 25 foot high hedges along my driveway? Jim Kropke said they cannot impede the use of your property, but yes.

Frank Lurch - how do other towns deal with this? All towns are different.

Motion by Gibney seconded by Kropke to enter into closed session.
The Vote:
Aye: All
No: None

Go into closed session.

Motion by Gibney seconded by Kropke to resume meeting.
The Vote:
Aye: All
No: None

Chris Romney asked about garage height. Rich Maloney said it was changed from 16 ½ feet to 18 feet to allow for more storage above the garage.

Motion by Gibney seconded by Kropke that being there is no further business, the meeting be adjourned.
The Vote:
Aye: All
No: None


______________________________
Daniel J. Gibney, Mayor

______________________________
Robert Mahon, Commissioner

______________________________
James L. Kropke, Commissioner

____________________________
Timothy M. Gallagher, RMC
Borough Clerk