Previous Minutes REGULAR MEETING
JANUARY 9, 2006 - 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 Mahon that the minutes of the meeting of December 12, 2005 be approved as written and posted.
The Vote:
Aye: All
No: None

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
THE CODE OF THE BOROUGH OF AVON-BY-THE-SEA,
IN THE COUNTY OF MONMOUTH, NEW JERSEY."

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…)
Avon Resident or Organization: thirty dollars ($30.00) per hour
Out-of-town Organization: seventy-five dollars ($75.00) per hour

E. Avon-by-the-Sea Fire Department: No fee
Avon-by-the-Sea Fire Auxiliary: No fee
Avon-by-the-Sea First-Aid Squad: No fee
Avon-by-the-Sea Grammar School: No fee
Avon-by-the-Sea Recreation Committee: No Fee
Avon-by-the-Sea Church Functions: 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)

I. Beach Pavilion cleaning: seventy-five dollars ($75.00) non-refundable.

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.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Mahon that,
ORDINANCE NO. 1-2006 entitled:

"AN ORDINANCE TO AMEND AND SUPPLEMENT THE
CODE OF THE BOROUGH OF AVON-BY-THE-SEA,
CHAPTER 113, LAND DEVELOPMENT."
be introduced on first reading.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

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.
2. Mail a copy of this resolution and schedule to the official Borough newspapers.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Mahon that the Board of Commissioners hereby make the following appointments for the year 2006:

Dennis Barrett, Public Defender
Benjamin Choi, Prosecutor

These appointments are being made without competitive bidding as these appointments involve members of recognized professions, licensed and regulated by law, and are, therefore, exempt under N.J.S.A. 40A:11-5.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Mahon that the following appointments be made:
Michele DarlingDeputy Borough Clerk1 year termEnd 12/31/06
Jeff BramhallRecycling Coordinator1 year termEnd 12/31/06
Kevin McCarthyRecreation Director1 year termEnd 12/31/06
Kenneth ChildOEM Coordinator3 year termEnd 12/31/08
Terence MahonAsst. OEM Coordinator3 year termEnd 12/31/08
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Mahon that the following appointments be made to the Planning Board:
Ray MaxwellClass II Member3 year termEnd 12/31/08
Michael DaveyClass IV Member4 year termEnd 12/31/09
Frank LurchAlternate #32 year termEnd 12/31/07
Jack RyanAlternate #22 year termEnd 12/31/07
Vincent ErnstAlternate #4(filling unexpired term)End 12/31/06
The Vote:
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.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

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

WHEREAS, cancellation of these miscellaneous debits and credits would provide for a more accurate and efficient means of maintaining the Borough's records, and

WHEREAS, the Borough's Chief Financial Officer recommends that these items be canceled from the Borough's records.


NOW, THEREFORE, BE IT RESOLVED BY THE Board of Commissioner of the Borough of Avon-By-The-Sea that the Chief Financial Officer cancel any miscellaneous debits and credits older than six months from the Borough's bank accounts to Operations.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All (Comm. Mahon abstained from approving Police Chief's contract)
No: None

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.

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 Charles J. Rooney 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.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

RESOLUTION offered by Gibney seconded by Mahon that,

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.
The Vote:
Aye: All
No: None
RESOLUTION offered by Gibney seconded by Mahon that,

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.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All
No: None

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.
The Vote:
Aye: All (Comm. Mahon abstains from approving Police Dept. bills).
No: None

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.
The Vote:
Aye: All
No: None

______________________________
Daniel J. Gibney, Commissioner

______________________________
Robert Mahon, Commissioner

______________________________
James L. Kropke, Commissioner

_________________________________
Timothy M. Gallagher, RMC
Borough Clerk