7058
June 25, 2014
A Regular Meeting of the Borough Council of the Borough of Avalon was held on Wednesday, June 25, 2014 at 7:58 p.m. in the Meeting Room, 3100 Dune Drive, Avalon, New Jersey.
Attendance: Public ------16 Reporters ------2
The meeting was called to order by Council President Ellenberg.
Roll call: Council President Ellenberg Present
Council Vice President Covington Present
Councilman Dean Present
Councilwoman Hudanich Present
Councilman McCorristin Present
Also present:
Martin L. Pagliughi, Mayor
Andrew J. Bednarek, Business Administrator
Stephen D. Barse, Esquire, Borough Solicitor
Lawrence A. Pepper, Jr. Esquire, Labor Attorney
James V. Craft, Chief Financial Officer
William Macomber, Director of Public Works/Utilities
Sue Ellenberg, Interim Recreation Director
Scott Wahl, Public Information Officer
Jeffrey Hesley, Tax Assessor
Thomas R. Thornton, P.E., Borough Engineer, Hatch Mott Macdonald, LLC
Council President Ellenberg read the Open Public Meetings Act Announcement.
Notice of this Regular Meeting was included in the Annual Schedule of
Meetings dated June 12, 2013. It was given to the news media and posted on the Official Bulletin Board as required by law.
Minutes:
Work Session, Agenda Session, Regular Meeting, Closed Session – May 28, 2014
Motion made by Councilwoman Hudanich, seconded by Council President Ellenberg that the minutes be approved as submitted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye
Councilman McCorristin Aye
Council President Ellenberg Aye
Minutes:
(The following minutes are being voted upon separately due to the absence of Councilwoman Hudanich.)
Work Session, Agenda Session, Regular Meeting, Closed Session – June 11, 2014
Motion made by Councilman Dean, seconded by Council Vice President Covington that the minutes be approved as submitted.
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June 25, 2014
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Abstain
Councilman McCorristin Aye
Council President Ellenberg Aye
There are no released Closed Session Minutes to be released for the period of May 28, 2014 through June 11, 2014.
Public comments regarding Resolutions:
None.
Resolution No. 110-2014: A RESOLUTION REQUESTING APPROVAL OF
ITEMS OF REVENUE AND APPROPRIATIONS,
(N.J.S.A. 40a:4-87), CLEAN COMMUNITIES GRANT
Motion made by Councilwoman Hudanich, seconded by Council Vice President Covington that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Resolution No. 111-2014: A RESOLUTION AUTHORIZING CONTRACTS WITH CERTAIN APPROVED STATE CONTRACT VENDORS FOR CONTRACTING UNITS PURSUANT TO N.J.S.A. 40A:11-12(a) AND N.J.A.C. 5:34-7.29(c) FROM JULY 1, 2014 THROUGH DECEMBER 31, 2014
Motion made by Councilman McCorristin, seconded by Councilwoman Hudanich that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Resolution No. 112-2014: A RESOLUTION AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE IN THE AMOUNT OF TEN THOUSAND THREE HUNDRED FIFTY SIX ($10,356.00) DOLLARS SUBMITTED BY JAMES EUSTACE WOLFINGTON VARIANCE PLAN FOR BLOCK 13.01, LOTS 19.01, 19.02, 20.01 AND 20.02 82/92 EAST 13TH STREET IN THE BOROUGH OF AVALON
Motion made by Council President Ellenberg, seconded by Councilman McCorristin that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
7060 June 25, 2014
Resolution No. 113-2014: A RESOLUTION DESIGNATING AND
ESTABLISHING MEETING TIMES FOR THE
GOVERNING BODY OF THE BOROUGH OF AVALON (CH. 231 P.L. 1975, OPEN PUBLIC MEETINGS ACT) FOR THE PERIOD FROM JULY 1, 2014 THROUGH JUNE 30, 2015
Motion made by Council Vice President Covington, seconded by Councilman Dean that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Resolution No. 114-2014: A RESOLUTION AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES CONTRACT, NON-FAIR AND
OPEN, WITH STEPHEN D. BARSE, ESQUIRE OF GRUCCIO,
PEPPER, DESANTO & RUTH, PA OF VINELAND, NJ AS
BOROUGH SOLICITOR FOR THE BOROUGH OF AVALON
FOR A ONE (1) YEAR TERM COMMENCING JULY 1, 2014
THROUGH JUNE 20, 20
Resolution No. 115-2014: A RESOLUTION AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES CONTRACT, NON-FAIR AND
OPEN, WITH LAWRENCE A. PEPPER, JR., ESQUIRE OF
GRUCCIO, PEPPER, DE SANTO & RUTH, PA OF
VINELAND, NJ AS LABOR ATTORNEY FOR THE
BOROUGH OF AVALON FOR A ONE (1) YEAR TERM
COMMENCING JULY 1, 2014 THROUGH JUNE 30, 2015
Resolution No. 116-2014: A RESOLUTION AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES CONTRACT, NON-FAIR AND
OPEN, WITH MCMANIMON, SCOTLAND AND BAUMANN,
LLC, ATTORNEYS AT LAW OF ROSELAND, NJ AS BOND
COUNSEL FOR THE BOROUGH OF AVALON FOR A ONE
(1) YEAR COMMENCING JULY 1, 2014 THROUGH JUNE 30,
2015
Resolution No. 117-2014: A RESOLUTION AUTHORIZING THE EXECUTION OF
A PROFESSIONAL SERVICES CONTRACT WITH
INSURANCE SOLUTIONS, INC. OF MARLTON, NJ AS
HEALTHCARE CONSULTANTS FOR THE BOROUGH OF
AVALON FOR A ONE (1) YEAR TERM COMMENCING JULY
1, 2014 THROUGH JUNE 30, 2015
Motion made by Councilman Dean, seconded by Councilwoman Hudanich that the resolutions be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
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June 25, 2014
Resolution No. 118-2014: A RESOLUTION APPOINTING PATROLMEN FOR THE
BOROUGH OF AVALON
Motion made by Councilman McCorristin, seconded by Council President Ellenberg that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Resolution No. 119-2014: A RESOLUTION AUTHORIZING THE EXTENSION OF THE
BOROUGH OF AVALON BEACH MANAGEMENT PLAN
Motion made by Council Vice President Covington, seconded by Council President Ellenberg that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Resolution No. 120-2014: A RESOLUTION AUTHORIZING JOSEPH S. CLARK, JR.,
QUALIFIED PURCHASING AGENT FOR THE BOROUGH OF
AVALON TO PREPARE PLANS, SPECIFICATIONS AND
ADVERTISE FOR BIDS FOR 2015-2017 FIREWORKS SHOWS
IN THE BOROUGH OF AVALON
Motion made by Councilwoman Hudanich, seconded by Councilman Dean that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Resolution No. 121-2014: A RESOLUTION AMENDING THE EMPLOYEE POLICY
MANUAL AT SECTION 6.2 ENTITLED “ANNUAL
VACATION” TO ENSURE CONFORMANCE WITH
SECTION 2 OF BOROUGH OF AVALON ORDINANCE NO.
638-2011
Motion made by Council President Ellenberg, seconded by Councilman McCorristin that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
7062 June 25, 2014
Resolution No. 122-2014: A RESOLUTION AUTHORIZING PAYMENT OF BILLS
Motion made by Councilman Dean, seconded by Councilman McCorristin that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Introduction and first reading by title only of Ordinance No. 706-2014:
Motion made by Councilwoman Hudanich, seconded by Council Vice President Covington that Ordinance No. 704-2014 be brought on for first reading by title only.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Borough Clerk to read aloud Ordinance No. 706-2014:
Ordinance No. 706-2014:
AN ORDINANCE AUTHORIZING THE BOROUGH TO SELL AND CONVEY CERTAIN REAL PROPERTY, TO WIT: BLOCK 25.04, LOT 59.02 ADJACENT TO 279 26TH STREET AND ESTABLISHING TERMS AND CONDITIONS FOR SUCH CONVEYANCE
Motion made by Councilwoman Hudanich, seconded by Council Vice President Covington that Ordinance No. 706-2014 be passed on first reading and advertised according to law.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye
Councilman McCorristin Aye
Council President Ellenberg Aye
Second reading, public hearing and final action on Ordinance No. 705-2014:
Motion made by Councilman Dean, seconded by Councilman McCorristin that Ordinance No. 705-2014 be brought on for second reading, public hearing and final action.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye
Councilman McCorristin Aye
Council President Ellenberg Aye
Borough Clerk to read aloud Ordinance No. 705-2014:
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June 25, 2014
Ordinance No.705-2014:
BOND ORDINANCE PROVIDING FOR VARIOUS ROAD IMPROVEMENTS IN AND BY THE BOROUGH OF AVALON, IN THE COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING $650,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $585,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF.
Council President Ellenberg opened the meeting for public hearing on Ordinance No. 705-2014 and asked if there were any questions or comments.
There were no questions or comments.
Motion made by Councilman Dean, seconded by Councilman McCorristin that the public hearing be closed.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye
Councilman McCorristin Aye
Council President Ellenberg Aye
Motion made by Councilman Dean, seconded by Councilman McCorristin that Ordinance No. 705-2014 be finally adopted, submitted to the Mayor for approval and advertised according to law.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye
Councilman McCorristin Aye
Council President Ellenberg Aye
Reports of Officials:
Scott Wahl, Public Information Officer, reported on the dredge meeting held Saturday June 21, 2014 and said it was well attended. He said the Mayor and Tom Thornton presented a power point of the work being done in advance of the project. He added there is a link on the Borough’s website for the dredging project. He informed Council that Marie Hood passed the Certified Municipal Registrar Exam and Jennifer Dowe passed the Certified Flood Plain Manager Exam. He added in cooperation with the Avalon Chamber of Commerce, The 7 Mile Business and the Recreation Department there will be a new free concert called “Thursdays on Dune” at the Veteran Plaza with some of the best bands at the shore.
Andrew J. Bednarek, Business Administrator, reported on the seasonal orientation program. He said this is the 18th year and there were over 160 employees from various departments. He commented on the Public Compliance audit which was performed by the State and said the state went through 19 contracts and they were all in order. He indicated a $61,000 check was received for the public access program. He said this will enable the Borough to purchase view finders at no cost to the public and some improvements along the boardwalk. He said plaques will be made to recognize the family for the improvements. He indicated the Borough will receive a check for over $60,000 from Nextel for termination of their lease. H commented on 485,000 insurance savings from the JIF as well the $356,000 the Borough will received for property in the open.
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June 25, 2014
Monthly Reports:
Month of April, 2014:
Borough Clerk and Registrar’s Report submitted by Marie J. Hood.
Bureau of Fire Prevention, Licensing, Miscellaneous Construction Collection,
Construction Water and Sewer, Uniform Construction Code, Taxicab, Beach Vehicle Reports submitted by John Tracy.
Code Enforcement Report submitted by Paul E. Short, Sr.
Municipal Court Report submitted by George B. Neidig, Jr.
Police Department Report submitted by Chief William McCormick.
Public Works Department Report submitted by William Macomber.
Recreation Operations Report submitted by Sue Ellenberg.
Tax Collector Control Account Report and Water/Sewer Control Account submitted by Connie L. DiCola.
Zoning Report submitted by Jeffrey R. Hesley.
Motion made by Councilman McCorristin, seconded by Councilman Dean that the reports be approved.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
Pending business.
None
New business
None
Public Comments:
None.
Resolution:
Resolution No. 123-2014: A RESOLUTION TO CONDUCT A CLOSED SESSION
PURSUANT TO N.J.S.A. 10:4-12.b OF THE OPEN PUBLIC
MEETINGS ACT PERTAINING TO CONTRACT
NEGOTIATIONS, PERSONNEL AND ATTORNEY CLIENT
PRIVILEGE REGARDING EMERGENCY MEDICAL
TECHNICIANS AGREEMENT, DEPUTY MUNICIPAL
CLERK, DOT STATE AID AGREEMENT FOR CDF & BACK
BAY DREDGING PROJECT AND SUNRISE MARINA
Motion made by Council President Ellenberg, seconded by Councilwoman Hudanich that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye
Council President Ellenberg Aye
7065
June 25, 2014
Motion made by Councilman McCorristin, seconded by Councilwoman Hudanich to recess the public portion of the Regular Meeting and go into Closed Session.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye
Councilman McCorristin Aye
Council President Ellenberg Aye
Council President Ellenberg stated there will be formal action after the Closed Session.
Public portion of the Regular Meeting recessed at 8:20 p.m.
Motion made by Council Vice President Covington, seconded by Council President Ellenberg to adjourn the Closed Session and go back into public portion of the Regular Meeting.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye
Councilman McCorristin Aye
Council President Ellenberg Aye
Public Portion of Regular Meeting reconvened at 9:09 p.m.
Present:
Martin L. Pagliughi, Mayor
Andrew J. Bednarek, Business Administrator
Scott Wahl, Public Information Officer
Lawrence A. Pepper, Jr., Esquire, Labor Attorney
Stephen D. Barse, Esquire, Borough Solicitor
Resolution:
Resolution No. 124-2014: A RESOLUTION APPROVING THE AGREEMENT
BETWEEN THE BOROUGH OF AVALON AND
EMERGENCY MEDICAL TECHNICIANS OF THE AVALON
RESCUE SQUAD ASSOCIATION COMMENCING UPON
EXECUTION BY THE PARTIES AND ENDING DECEMBER
18, 2018
Motion made by Council Vice President Covington, seconded by Councilman Dean that the resolution be adopted.
ROLL CALL VOTE: Council Vice President Covington Aye
Councilman Dean Aye
Councilwoman Hudanich Aye Councilman McCorristin Aye