Office of the Board of Commissioners Borough of Monmouth Beach October 25, 2016

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1 Office of the Board of Commissioners Borough of Monmouth Beach October 25, 2016 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 and The Link News on February 4, 2016 and, in addition, a copy of the notice was posted on the bulletin board in the Municipal Building and filed in the office of the Municipal Clerk on that date, where it has remained continuously posted as required under the statute. The notice of the change in location of this meeting was published in The Link News and the Asbury Park Press on October 20, The Pledge of Allegiance was recited. Mayor Howard called the meeting to order at 6:00 pm. Present Mayor Howard; Commissioner Cunniff Absent Commissioner McBride Commissioner Cunniff moved, seconded by Mayor Howard that bills totaling $1,203, which had been reviewed by their respective department heads, be approved for payment. Upon the call of the roll the foregoing motion was carried by the following vote: Ayes - 2-, Nays -0-, Absent -1-. Commissioner Cunniff moved, seconded by Mayor Howard, that the following Consent Agenda items be passed and approved: WHEREAS, the Ladies Auxiliary Of The Monmouth Beach Fire Company has submitted an application for an on premise draw for merchandise raffle; and WHEREAS, the Board of Commissioners of the Borough of Monmouth Beach feel that the applicant is qualified; that the members designated to conduct the games and to assist are of good moral character and have never been convicted of crime; FURTHERMORE, that the games will be conducted in accordance with the rules and regulations of the Legalized Games of Chance Control Commission and the entire net proceeds are to be devoted to a purpose permitted by the Commission; and WHEREAS, there is satisfactory proof that no payment will be made for conducting the games or assisting therein and that the prizes are of the nature and amount allowed; NOW, THEREFORE, BE IT RESOLVED that a calendar raffle license be granted to the Ladies Auxiliary Of The Monmouth Beach Fire Company, pending final approval from the Legalized Games of Chance Control Commission. BE IT RESOLVED by the Mayor and Commissioners of the Borough of Monmouth Beach that the Floodplain Management Plan dated September 2016 Prepared by T&M Associates shall be adopted and approved subject to the following clerical corrections: 1. The Date of the Planning Board Meeting shall be corrected to reflect adoption by that Board on October18, The reference to the public member who is not a resident shall be removed.

2 BE IT FURTHER RESOLVED that the Borough Engineer and Borough Clerk are authorized to take all steps necessary to implement the plan subject to Commissioner approval. OF THE BOROUGH OF MONMOUTH BEACH AUTHORIZING THE SALE OF CERTAIN OBSOLETE VEHICLES WHEREAS, the Borough of Monmouth Beach has determined that certain obsolete vehicles and/or equipment are no longer needed for public use; and WHEREAS, the Borough of Monmouth Beach desires to dispose of said vehicles/equipment in accordance with N.J.S.A. 40A:11-36 et. seq.; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Monmouth Beach, County of Monmouth, State of New Jersey, as follows: 1. The Borough Clerk is hereby authorized and directed to advertise for bids for the sale of the vehicles/equipment at a date and time to be determined. 2. The vehicles are located at the Borough Garage, 22 Beach Rd., Monmouth Beach, and may be personally inspected at a date and time to be determined. 3. The sale shall be subject to the terms and conditions in the Notice of Sale, which will be published as required by law. Such terms and conditions include the following: a. The vehicles/equipment will be sold AS IS and must be removed from the premises by the successful bidder or bidders, at a date and time to be determined. b. A check for fifty percent of the amount bid must be included with the bid. Bidders must comply with the minimum bid requirements as indicated. c. The balance must be paid in full prior to the removal of the item sold. 4. The Board of Commissioners of the Borough of Monmouth Beach reserves the right to reject any and all bids received and to waive any informality where such informality is not detrimental to the best interest of the Borough of Monmouth Beach. BE IT RESOLVED by the Board of Commissioners of the Borough of Monmouth Beach that the Borough Clerk be authorized to advertise for bids for the lease of the Monmouth Beach Bathing Pavilion Concession for the 2017 summer season and/or the 2018 and 2019 seasons and/or the 2017, 2018 and 2019 summer seasons and; BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be authorized to execute the contract for same. Prior to the motion to adopt the Consent Agenda, Dennis Collins noted that the Resolution adopting the Borough s Floodplain Management Plan was being adopted with two modifications. Mr. Collins said he had spoken to an individual that served on the Floodplain Management Committee. He said the Plan reflected that person as a resident when in fact he is not; he is only a visitor to his in-laws home in Monmouth Beach. Commissioner Cunniff asked what could be done in the future to insure that persons are residents.

3 Mr. Collins noted that all property owners in Monmouth Beach could be looked up. Mayor Howard said a policy should be put in place whereby prospective committee members would be required to show proof of residency. Mr. Collins said that the second modification to the Resolution would correct the date of the Planning Board meeting listed on page 59 of the Plan. He said the date listed was wrong and would have to be corrected. Upon the call of the roll the foregoing motion was carried by the following vote: Ayes - 2-, Nays -0-, Absent -1-. The Clerk read the following Ordinance by title only: An Ordinance Amending Chapter XXX (Land Use Regulations) Of The General Ordinances Of The Borough Of Monmouth Beach Commissioner Cunniff moved, seconded by Mayor Howard that the Ordinance be passed by title only and that the Clerk be instructed to advertise the Ordinance for a public hearing to be held on November 22, The Clerk read the following Ordinance by title only: An Ordinance Amending And Supplementing Chapter II Entitled Administration Section 2-3 Entitled Entitled Municipal Clerk, Subsection Entitled Powers And Duties Of The Revised General Ordinances Of The Borough Of Monmouth Beach The Clerk announced that this was the public hearing and that copies were available to the public. Commissioner Cunniff moved, seconded by Mayor Howard that the hearing on the Ordinance be opened to the public. Mr. Collins explained that this Ordinance would designate the Clerk as the authority to issue raffle licenses. He said that since Borough Meetings are only held monthly sometimes special meetings had to be scheduled to accommodate applicants. Mr. Collins said that the Clerk would be able to issue the raffle license and the applicant would not have to wait for a meeting to be scheduled. There being no comments or questions from the audience, Commissioner Cunniff moved, seconded by Mayor Howard that the hearing on the Ordinance be closed. Commissioner Cunniff moved, seconded by Mayor Howard that the Ordinance be passed and adopted after a second reading and a public hearing. Administrator s Report: Judy Wilson said that the municipal offices and library had been relocated to the 18 Willow Avenue building. She said the old building was being restored to its original footprint and would then be raised and moved back. Ms. Wilson said it will be a positive addition to the community.

4 Mayor Howard said the new offices are beautiful and that the librarian was working hard to stock her shelves. She said a grand opening would be coming sometime in the future. Borough Attorney s Report: Mr. Collins had no report. Commissioner Cunniff moved, seconded by Mayor Howard that the meeting be opened to the public. Courtney Wladyka, Wesley St., Meghan Aferiat, Gull Pt. Rd., and Ilea Jordan, Griffin St., asked the Commissioners if there was any way they could refurbish a playground in town using private funds. Mayor Howard suggested that the women attend a meeting of the Recreation Commission. She explained that it would be appropriate for them to address their questions and concerns to that Commission and that the Recreation Commission could then make any recommendations to the Board of Commissioners. Mayor Howard said that Matt Walter was the Chairman of the Recreation Commission. Judy Wilson said that she could Mr. Walter s contact information to them. Art Chianese, Tocci Ave., asked if the sand by the Cultural Center would be removed. Joe Chirichello said the sand was scheduled to be removed tomorrow. Dean Reade, Riverdale Ave., said he heard that there was a plan to paint parking spaces on Riverdale Avenue. He said he was opposed to that idea. Mayor Howard said that the Borough was obligated to provide parking for beach access but there has been a problem with people parking and blocking driveways. She said that nothing would be done without a letter being sent to residents of the area asking for their input. Mr. Reade said that there was only an issue on Sundays and that he has never had his driveway blocked. He said that he did not want stripes painted in front of his house and he suggested that it was an enforcement issue. Commissioner Cunniff agreed with Mr. Reed. Mayor Howard said she did not have a feeling either way. She noted that Mr. Reed s neighbor wanted it. Mayor Howard said the Police Chief would contact the affected homeowners. Mrs. Reade commented that the Chief had directed her to this meeting. Mrs. Chianese said that a group of men showed up a Griffin Park and put up a volleyball net. He said luggage fell out of their car and they left trash behind. Mayor Howard noted that Griffin Park had been developed using Green Acres funds and anyone could use the park. She said that if there was disruptive behavior then the police should be called. Mrs. Chianese asked if a permit could be required to use the park. Dennis Collins said that no permit was necessary to use the park and if there was a disturbance the police should be called. Maureen Somers, Meadow Ave., said that there were encroachments upon Borough property by the owners of Block 42.04, Lots 9 and 10. She said she believed there was a violation of an agreement between the property owner and the Borough. Mrs. Somers said that a retaining was allowed to stay and has been built up since Sandy and that there were more trees than had been agreed upon.

5 Mr. Collins said he would discuss the issue with the Commissioners. He noted that the Borough was currently under litigation on a similar issue. Mr. Collins asked Mrs. Somers to send him an explaining how the situation was impacting her at the present time. Todd Leatherman, Farmingdale, identified himself as a subcontractor on one of the Bathing Pavilion projects. Mr. Collins noted that the Boroughs contract was with the contractor, not with Mr. Leatherman. He said that he had spoken with the contractor about the matter and that Mr. Leatherman was supposed to install lockers at the Bathing Pavilion by May 12 or be subject to liquidated damages. He said the lockers were not installed until October 7 and he told Mr. Leatherman to turn the keys to the lockers over to the contractor. There being no further business and no comments or questions from the audience, Commissioner Cunniff moved, seconded by Mayor Howard that the meeting be closed. Commissioner Cunniff moved, seconded by Mayor Howard that the meeting be adjourned. Mayor Howard Commissioner Cunniff ABSENT Commissioner McBride ATTEST: Joyce L. Escalante, RMC Borough Clerk October 25, 2016

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