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REGULAR MEETING JANUARY 9, 2006 - 7:00 P.M. |
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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. Motion by Gibney
seconded by Mahon that the minutes of the meeting of December 12, 2005
be approved as written and posted. Mayor announces that this is the time advertised for second reading and hearing on Ordinance No. 12-2005 entitled: "AN ORDINANCE
AMENDING AND SUPPLEMENTING CHAPTER 120, MUNICIPAL BUILDING USE FEES,
OF 120-1. Schedule of Fees. The following rates shall be charged for use of the Municipal Building, after the applicant has received permission from the Recreation Commission for said use: A. Avon-by-the-Sea organizations: fifty dollars ($50.00). B. Out-of-town organizations: two hundred dollars ($200.00). C. Resident Private Party: one hundred fifty dollars ($150.00). D. Reserved hourly
for sports use (Basketball, Volleyball, Etc…) E. Avon-by-the-Sea
Fire Department: No fee F. Wedding receptions, showers or private parties by outside residents: three hundred dollars ($300.00). G. Municipal building cleaning fee: one hundred fifty dollars ($150.00) non-refundable. H. Beach Pavilion rental. -Private parties - Resident: one hundred fifty dollars ($150.00) -Private parties
- Out-of-town: two hundred fifty dollars ($250.00) 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 Mahon that the above Ordinance No. 12-2005 be approved on
second reading and its passage published in a newspaper as required
by law. RESOLUTION offered
by Gibney seconded by Mahon that, "AN ORDINANCE
TO AMEND AND SUPPLEMENT THE Motion by Gibney
seconded by Mahon that the above Ordinance No. 1-2006 shall be forwarded
to the Avon Planning Board for their review and submission of a report
to the Governing Body; and will be taken up on second reading with a
hearing on January 23, 2005 at 7:00 p.m. in the Municipal Building.
RESOLUTION offered by Gibney seconded by Mahon that, WHEREAS, R.S.
40A:4-19 of the Local Budget Law provides that while any contracts,
commitments or payments are to be made prior to the adoption of the
2006 budget, temporary appropriations should be made for the purpose
and amounts required in the manner and time therein provided, and WHEREAS, 26.25% of the total appropriations in the year 2005 budget, exclusive of any appropriation in the 2005 capital improvements and debt service, is $328,743.00 in the Beach Utility Budget, $302,608.00 in the Water Utility Budget and $1,755,734.00 in the Current Budget for a total of $2,387,085.00. NOW, THEREFORE,
BE IT RESOLVED that the temporary appropriations are made and that a
certified copy of this resolution be transmitted to the Chief Financial
Officer. RESOLUTION offered by Gibney seconded by Mahon that, WHEREAS, the Open Public Meetings Act (CH 231, P.L. 1975) became effective on January 19, 1976, and WHEREAS, in accordance with said act, it is necessary for the Borough of Avon-By-The-Sea, as a public body, to post and maintain a schedule of the regular meetings of the public body to be held during the succeeding year. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners that the Municipal Clerk is hereby authorized to do the following: 1. Post the schedule
of meetings on the bulletin board in Borough Hall, which sets the time,
date and location of all regular and workshop meetings. The public as
always will be allowed to participate in the regular meetings and a
portion of the workshop meetings will be set aside for public comment.
Action will only be taken at the regular meetings unless otherwise advertised
in advanced. RESOLUTION offered by Gibney seconded by Mahon that, BE IT RESOLVED
by the Board of Commissioners that the Official Depositories for the
Borough of Avon-By-The-Sea bank accounts for 2006 will be the Bank of
New York, PNC Bank, Central Jersey Bank and Ocean First Bank as well
as any other bank that offers a higher percentage rate on investments
that the Chief Financial Officer may obtain. RESOLUTION offered by Gibney seconded by Mahon that, BE IT RESOLVED
by the Board of Commissioners that the official newspapers used by the
Borough of Avon-By-The-Sea for the year 2006 will be the Asbury Park
Press, The Coast Star and The Coaster. RESOLUTION offered
by Gibney seconded by Mahon that the Board of Commissioners hereby make
the following appointments for the year 2006: RESOLUTION offered
by Gibney seconded by Mahon that Greg Farry is hereby appointed as the
Community Development Representative for 2006. Timothy M. Gallagher
is appointed as the Alternate. RESOLUTION offered
by Gibney seconded by Mahon that the following appointments be made:
RESOLUTION offered by Gibney seconded by Mahon that the following appointments be made to the Planning Board:
Aye: All No: None RESOLUTION offered by Gibney seconded by Mahon that, WHEREAS, John Antonides has successfully met the requirements established by Chapter 440, Laws of 1999 and is officially recognized as a Qualified Purchasing Agent, NOW, THEREFORE,
BE IT RESOLVED that John Antonides is hereby appointed to the position
of Qualified Purchasing Agent for the Borough of Avon-By-The-Sea. The
Borough is following the new bid and quotation thresholds as per Local
Finance Notice #2005-16, establishing the bid threshold at $29,000.00,
and the quotation threshold at $4,350.00. RESOLUTION offered
by Gibney seconded by Mahon that the Board of Commissioners hereby authorize,
upon the recommendation of the Tax Collector, that the Borough participate
in the electronic file sharing with search companies, and the Borough
will charge an electronic schedule fee of $10.00 for every file transfer.
Based upon one file transfer per week, a single up front payment of
$520.00 will be accepted and for two transfers per week, a single up
front payment of $1,040.00 will be accepted for one year's worth of
electronic data, beginning January 1, 2006 through December 31, 2006.
This fee will be increased if additional weekly files are requested. RESOLUTION offered
by Gibney seconded by Mahon that the Board of Commissioners hereby authorizes
the cancellation of 3rd and 4th quarter 2005 water/sewer minimum charges,
in the amount of $262.50, for Block 53 Lot 2.04, 17 Lincoln Ave. due
to construction. RESOLUTION offered by Gibney seconded by Mahon that, WHEREAS, there
exists miscellaneous debits and credits older than six months in the
Borough's bank accounts, and RESOLUTION offered
by Gibney seconded by Mahon that authorizes the Board of Commissioners
to sign a four-(4) year contract with the Borough Supervisors. Said
contract effective January 1, 2005 through December 31, 2008. RESOLUTION offered by Gibney seconded by Mahon that, WHEREAS, the Borough of Avon-By-The-Sea has a need to acquire a Municipal Engineer and does so pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and WHEREAS, the Borough Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and WHEREAS, the anticipated term of this contract is one (1) year and may be extended three (3) times as approved by the Board of Commissioners, and WHEREAS, Charles J. Rooney has submitted and/or will submit a proposal indicating he will provide engineering services for no more than $130.00 per hour; and WHEREAS, Charles J. Rooney has completed and submitted a Business Entity Disclosure Certification which certifies that Charles J. Rooney has not made any reportable contributions to a political or candidate committee in the Borough of Avon-By-The-Sea in the previous one year, and that the contract will prohibit the Charles J. Rooney from making any reportable contributions through the term of the contract, and WHEREAS, funds will be provided for in the 2006 Municipal Budget, WHEREAS, this
appointment is being made without competitive bidding as this appointment
involves a member of a recognized profession, licensed and regulated
by law, and are, therefore, exempt under N.J.S.A. 40A:11-5. BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. BE IT FURTHER RESOLVED
that a copy of the resolution and contracts will be on file and available
for public inspection in the office of the Borough Clerk. RESOLUTION offered by Gibney seconded by Mahon that, WHEREAS, the Borough of Avon-By-The-Sea has a need to acquire a Municipal Attorney and does so pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and WHEREAS, the Borough Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and WHEREAS, the anticipated term of this contract is one (1) year and may be extended three (3) times as approved by the Board of Commissioners, and WHEREAS, Barry A. Cooke has submitted and/or will submit a proposal indicating he will provide legal services for $130.00 per hour; and WHEREAS, Barry A. Cooke has completed and submitted a Business Entity Disclosure Certification which certifies that Barry A. Cooke has not made any reportable contributions to a political or candidate committee in the Borough of Avon-By-The-Sea in the previous one year, and that the contract will prohibit Barry A. Cooke from making any reportable contributions through the term of the contract, and WHEREAS, funds will be provided for in the 2006 Municipal Budget, WHEREAS, this appointment is being made without competitive bidding as this appointment involves a member of a recognized profession, licensed and regulated by law, and are, therefore, exempt under N.J.S.A. 40A:11-5. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Avon-By-The-Sea authorizes the Mayor to enter into a contract with Barry A. Cooke as described herein; BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. BE IT FURTHER RESOLVED
that a copy of the resolution and contracts will be on file and available
for public inspection in the office of the Borough Clerk. WHEREAS, the Borough of Avon-By-The-Sea has a need to acquire a Municipal Auditor and does so pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and WHEREAS, the Borough Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and WHEREAS, the anticipated term of this contract is one (1) year and may be extended three (3) times as approved by the Board of Commissioners, and WHEREAS, Robert A. Hulsart has submitted and/or will submit a proposal indicating they will provide the municipal auditing for $26,000.00; and WHEREAS, Robert A. Hulsart has completed and submitted a Business Entity Disclosure Certification which certifies that Robert A. Hulsart has not made any reportable contributions to a political or candidate committee in the Borough of Avon-By-The-Sea in the previous one year, and that the contract will prohibit the Robert A. Hulsart from making any reportable contributions through the term of the contract, and WHEREAS, funds will be provided for in the 2006 Municipal Budget, WHEREAS, this appointment is being made without competitive bidding as this appointment involves a member of a recognized profession, licensed and regulated by law, and are, therefore, exempt under N.J.S.A. 40A:11-5. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Avon-By-The-Sea authorizes the Mayor to enter into a contract with Robert A. Hulsart as described herein; BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. BE IT FURTHER RESOLVED
that a copy of the resolution and contracts will be on file and available
for public inspection in the office of the Borough Clerk. WHEREAS, the Borough of Avon-By-The-Sea has a need to acquire a Bonding Attorney and does so contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and WHEREAS, the Borough Administrator has determined and certified in writing that the value of the acquisition may exceed $17,500; and WHEREAS, the anticipated term of this contract is one (1) year and may be extended three (3) times as approved by the Board of Commissioners, and WHEREAS, McManimon and Scotland has submitted and/or will submit a proposal indicating they will provide legal services not to exceed $170.00 per hour; and WHEREAS, McManimon and Scotland has completed and submitted a Business Entity Disclosure Certification which certifies that McManimon and Scotland has not made any reportable contributions to a political or candidate committee in the Borough of Avon-By-The-Sea in the previous one year, and that the contract will prohibit McManimon and Scotland from making any reportable contributions through the term of the contract, and WHEREAS, funds will be provided for in the 2006 Municipal Budget, WHEREAS, this appointment is being made without competitive bidding as this appointment involves a member of a recognized profession, licensed and regulated by law, and are, therefore, exempt under N.J.S.A. 40A:11-5. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Avon-By-The-Sea authorizes the Mayor to enter into a contract with McManimon and Scotland as described herein, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. BE IT FURTHER RESOLVED
that a copy of the resolution and contracts will be on file and available
for public inspection in the office of the Borough Clerk. RESOLUTION offered by Gibney seconded by Mahon that, WHEREAS, the interlocal agreement between Spring Lake, Spring Lake Heights, Belmar, Bradley Beach, Lake Como and Avon for a Geese Peace Management Program was for a period of two years, unless extended by mutual consent of the participating parties, WHEREAS, the program has shown positive results in curtailing the geese population in said municipalities, NOW, THEREFORE,
BE IT RESOLVED, that the Borough of Avon-By-The-Sea agrees to extend
the agreement, upon consent of the other municipalities, for a period
of one year. Mayor thanked Linda Henderson for her efforts toward this project. Motion by Gibney
seconded by Mahon that the bills in the amount of $3,004,559.77 be approved
for payment. Mayor asks if anyone would like to be heard? Mayor called on Department heads for an update on their departments - Sheila Watson, Librarian; Jeff Bramhall, Supt. D.P.W.; Karl Klug, Supt. Water Dept.; Terry Mahon, Police Chief; Ken Child, OEM Coord.; Kevin McCarthy, Recreation Director; Charlie Rooney, Engineer - gave an update on the new water meters and the new sanitary pump station. Comm. Kropke gave a retrospect of completed projects from 2005: 3rd Ave. bulkhead, 2nd Ave. bulkhead, Sylvania Ave., Woodland Ave., Main St. to 3rd Ave., Volunteer Park. Projects for 2006 - water meters, new sanitary pump station, Borough street signs, entrance signs on Ocean Ave., new cell tower, 2nd Ave. paving project, new bathrooms in Municipal Building, Lincoln Ave. between 2nd & 3rd Ave. Mr. Fink asked about the $2,500,000 transfer of funds. Mr. Gallagher explained. Motion by Gibney
seconded by Mahon that being there is no further business, the meeting
be adjourned. ______________________________ ______________________________ ______________________________ _________________________________ |