April 1, 2013, 6:30 PM


1. 1. Call to Order the Township Committee Meeting of April 1, 2013


2. 2. Provisions of the Open Public Meetings Law:

Pursuant to the requirements of the OPEN PUBLIC MEETINGS LAW, adequate Public Notice of this meeting has been given:

a. By publication in the required newspapers of the date, time and location of this meeting more than 48 hours in advance.

b. By posting advance written notice on the official Bulletin Board in the Municipal Building.

c. By filing advance written notice with the Township Clerk for the purpose of Public inspection.


ANNOUNCEMENT: At this time we ask everyone to please turn all cell phones or pagers to either OFF or VIBRATE.


3. 3. Roll Call of Officials Present:

Committeewoman Taylor – Absent (arrived late)

Committeeman Bille – Present

Committeeman Lisella – Present

Deputy Mayor Conway – Present

Mayor Morano – Present



4. 4. Salute to the flag


Proclamation proclaiming April 14-20, 2013 to be National Library Week


Resolution 2013-149 **Tabled

Resolution authorizing the Township Committee to retire into closed session for the purpose of discussing personnel, public safety, contractual and litigation matters.


Motion to table resolution: A. Bille Second: M. Lisella

Roll Call: Taylor: Absent Bille: Yes Lisella: Yes Conway: Yes Morano: Yes


Mayor’s Report

We have accepted bids for the repairs to the Municipal Dock. Most contractors are busy at this time, but received bids from a few that we feel are going to have us ready by Memorial Day. There is a plan to expand the dock, which we were thinking of doing last year, which will give us more room for concerts.


We are also going out to bid for a recycling contract for the Township.


6. Committee Reports


A. Bille – In reference to resolution 164 on this agenda, the Township Clerk’s office has been running efficiently, I motion that we remove this appointment from the agenda; the employees of this department take great pride in their work, and there is no need for this full time position. The minimal overtime for this office does not account for a $70,000 position, it makes no sense.

M. Lisella: Second

Mayor: Roll Call: Taylor: No (joined meeting at this time) Bille: Yes

Lisella: Yes Conway: No I would like to address this, it is not an expensive position, it is to serve the citizens of this town, it has been running under staffed too long, and we do need an additional staff member to assist the citizens of Barnegat in the Clerk’s office. Mayor: No, I do not believe this is a $70,000/year position, this is an assistant position not an assistant for Dave, and my personal opinion is this should have said Clerk typist title.


M. Lisella – The Township Clerk’s office is a sensitive municipal operation that has much confidential information. It is important that all committee members have trust and faith in this office. My opinion awarding this position to this candidate would be putting a political operative in a confidential position. This selected candidate was found to be the treasurer for the campaign of Conway & Taylor. In addition, this person co-signed a loan to your campaign of cash in the amount of $1,450.00. Based on this information I motion that Conway & Taylor abstain from the vote as a result of a conflict of interest as it is obvious that this person worked on their campaign.


A. Bille: I second


Attorney – Reads from the Local Government Ethics Law NJSA 40A:9-22.5. I understand the allegation is that a candidate that will be appointed tonight and that he was involved in the campaign of Conway & Taylor, and there is conflict about a financial loan, it certainly does not disqualify someone from public appointment because they supported a campaign of any political party. In my legal opinion there is no conflict of interest that would impair or disqualify any member from voting on this appointment.


E. Taylor – A friendly reminder of the upcoming Senior Fair that will be held May 2, 2013 10-2 at the Recreation Center 40 vendors scheduled to attend. I strongly urge all seniors to attend this informative event. Over $6500.00 donated to the Dockmasters donation program collected to offset the cost to the Township.


S. Conway – I would like to address a prior ordinance for a Phase 1 Environmental Assessment required by developers. This ordinance has been sent to the Planning Board to be endorsed prior to approval by the Township Committee. The developer of the Cherry Street property has furnished the Township with this study. The receipt of this report should be considered a victory for the township as a unified message was delivered to the developers of this site that additional information for this site was needed. This Township Committee will put the needs of the residents first and foremost. The Municipal Dock: contracts are to be awarded tonight for the repairs. A combination of outsourcing and township employees will be used to re-build the Municipal Dock. Restoration of the Municipal Dock is not an easy project to begin with, but taking in to account the summer deadline along with the numerous FEMA requirements the Township Engineer and his staff have done a commendable job under demanding conditions. Lower Shore Road: I have met with Steve Cotton, the coordinator of the volunteer efforts on the construction of the field, along with Dave Breeden and Dave Cella. There is no question in my mind that Mr. Cotton is deeply passionate about recreation in general, along with strongly believing the completion of the turf field will represent a milestone accomplishment for not only the kids, but the community of Barnegat. It was determined in fact, that the turf was viable and is viable for another 8 – 10 years. The drainage installed at the field is intact and adequate for the field and the location that it is in. It was also determined that it would cost about $70-100,000 to dispose of the turf and to finish the field would be under $20,000 as is. It was determined that less than $50,000 is available in our Open Space Fund. Based on these numbers and the needs of this community I recommend to my fellow committee members tonight that direction be given to our Township Administrator to complete the work on the turf field, and be kept posted of the progress and any additional expenditures required to finish this work. And ask that the Township Engineer keep a sharp eye on the progress.


A. Bille: If I may; to the Attorney; you said there is no proof of the signature on that loan? I have the schedule “C” here.


Attorney: There is no proof of co-signing of that loan.


Administrator’s Report: FEMA has extended the deadline for applying for assistance until May 1, 2013, including FEMA and SBA. I urge everyone impacted by the storm to apply for assistance, and let the governmental agencies let you know what you are eligible for. This is only the second time advisory Base Flood Maps have been issued, since Katrina, we do not agree with them but we did need to adopt them locally in order to allow funding assistance for residents. We can appeal the FIRM maps once issued. Flood insurance premiums will be going up about 25%. Administrator explained items on this agenda in detail. Municipal Dock repairs; contracts will be awarded for repair work which will include an expansion of the bandstand area due to the increased popularity of the area.


Motion to open Public Comment: E. Taylor Second: M. Lisella

All are in favor


Phil Checcia – 12 Windward Drive: I find it interesting that some would mention contributions in political campaigns, after the Birdsall issue. Does the township engineer have the right to solicit for donations the advice on how to vacate property in order to get a developer approval? Tired of the public getting raped, the track of previous donations can be traced to previous administrations. The environmental impact study done on the property near Cherry Street, I want to know what donations were made to the Republican Party in Toms River that funneled down to your campaigns and the chronology of all the impact. You have no responsibility to give a paper road to anyone, that road was never maintained by the township. Make that road a public park and then put up a fence and benches. Finish the fields. I want to know what is being done about Cherry Street, and that street can be made into a park tonight. There is no law that states that you have to give it to anyone. What is going on with the cable? Admin: our last meeting I gave a report of our meeting with Rob Clifton we need to purchase equipment and it should be done around 60-90 days. What is the final on the Mirage money to the town? We the people want to know how much was given to us, was it settled. I am using that for you people to make that park tonight, write the ordinance tonight make it the first reading, you can do that. That monstrosity on Route 9 with all those ditches and refuses walls, that is sick, where and how did that take place, where is the money now?


Alice Hines – Castle Lake Court: A question about the hiring position on this agenda. I know we are already responsible for the expenses for rehab to the dock coming due soon. Why burden the taxpayers with an extra employee when possibly a part time employee can do, maybe a high school student, when we have to pay these other expenses. S. Conway: As we stated Mr. Kostecki is not taking medical benefits, he is highly educated and highly experienced and very technically savvy. He will be addressing our website if you have had the opportunity to visit it I find woefully inadequate, cumbersome and needs to be fixed. AH: with that being said first of all why is someone with all these qualifications doing taking a typist position? SC: What he is trying to do is assist the Clerk’s Office, which is inundated daily with visitors, questions, and has become a hodge-podge and are working understaffed. AH: I can understand, but we are faced with this huge expenditure that has to be taken care of now. I am familiar with municipal government, the people always work very hard, but right now it is the extra money, and it is difficult to raise taxes and ask the taxpayers for the $300,000 or more that it may be for dock repairs, and to absorb all that along with another employee position rethink it and hire a part time position once we have paid all of our debts. Re-address the subject. MAYOR: We never said we would raise taxes; maybe it’s in the budget, if this Township raises taxes, I agree with you. SC: I am seeking to fill a vacant position in the Clerk’s office. ET: in the next week I ask you to check our new website that will be up and running.


Vince Greene – 89 Sandpiper Road: It smells of Hudson County politics. When will the Lower Shore Field be done? DB: 4-6 weeks after the weather warms up. VG: how are we saving with the shared service agreement with the current Tax Collector issue? DB: in the long run the Township will save significant as the result of sharing a tax Collector.


Jeff Melchiondo – 63 First Street: After sitting with you on the dais, you were always the first to speak out about spending money. You always said Barnegat Taxpayers could not afford one more penny in tax increases, and that people were losing their homes because taxes were too high. And you were always the first to speak out when you thought there was something political going on. Here tonight you have the opportunity to stand behind the very words that you have preached for so many years. Why would you consider agreeing to the hiring of this position, when the current staff has been running very well? Why would you tell residents not to bother applying for the position because it was already filled before the interview process? Why would you tell people this is “what the ladies want” these are not hearsay words, I have heard them myself. This position is only to keep an eye on our administrator. Mr. Mayor, you have the opportunity tonight to be the deciding vote and prove to the residents of Barnegat that you are a man to be trusted on your words and beliefs.


James Darienzo – 4 Deer Run Drive: what is the Committee doing to assist with the lack of business opportunities in the town? ML: This is harder than believed; the Safeway Group is actively assisting in helping to find a replacement store. ET: Mr. Cardinale, the Administrator and I will be meeting to help find him tenants for his plaza, once a large anchor store is committed, the smaller stores will follow. SC: It is a private business, and has little to do with the Township.


Jake Taylor – 106 Newark Road: getting rid of the turf would cost us $100,000? No wonder we got it for free. We are going to be well over 1 million for this field. So far this town has taken 2 million out of the Open Space Fund. There is a tremendous waste of taxpayer money down there. I am glad we are moving along with the repairs on the dock, I hope it gets done satisfactorily. About this job: I myself think this job position is a political hiring. Is it needed, and what is it going to cost the taxpayers? We have cut the workforce and cut costs, and here we are adding this job. It looks like a ploy to get somebody into the Clerk’s position when Sharon retires. If you hire this gentleman tonight, and I have nothing against him, but he should start at the bottom, move up the line, and I don’t like the title.


Frank Pecci – 11 Hemlock Drive: Lower Shore Road; this turf is already at its saturation point of seven years. Who is going to use it over the years? We can put turf on it which will be a lot less in cost. Recycling bid; how are you going to bid for this now that the numbers have already been out there. Why don’t we just go back to one or two times per week? Comments on the audit; were recommendations made? (Yes)


Louie Muller – 3 Jon Drive: Is Mr. Cardinale paying taxes on undeveloped land? Admin: yes, in accordance with State Law. Unsightly properties around town; the disgraceful plaza where the post office is, the next time you are there do something about it. Mayor: I have spoken with Code Enforcement officer about checking on areas of town daily. To Mr. Breeden, the directive about putting you garbage out the night before your pick-up day, it must be enforced; a mass mailing would help get the word out to the town. The directive is meaningless if you don’t enforce it, summonses must be issued.


Rafael Adorno – 441 E. Bay Avenue: Lower Shore Road; I will beg to differ what you have stated Ms. Conway. There is no way it will be $20,000 to finish the field. It will cost $39,000 for half of the crumb rubber on the 90,000 sq ft field. The rental equipment has been sitting there for 3-4 months. Who is keeping an eye on the bills for this project? Before you follow your expert, Mr. Cotton; he has not had many volunteers following him, I will call OSHA, I will personally ask the committee on coverage you have on volunteers with extensive heavy equipment. Put in sod, Public Works can do it, you are going to go over your costs if you try to finish field, and replace in five years. Cut your losses, be done with it.


Mayor Morano: I agree that we should have a total cost before we proceed; Mr. Cotton needs to provide an estimate. We need to seriously consider what we will do.


Linda Kropf – Bridgewaters Passage: I would like to address the trash issue also; it is pride that this town has lost. To the Clerk’s office, I have never been treated with anything but respect, courtesy and efficiency, those three girls work wonderful together they serve this Township well, it is time to bring that pride back. I urge you to reconsider this appointment; it is a really bad political move. It may not be a legal conflict of interest, but I truly think there is a moral one.


SC: There was a shift in power, Republican to Democratic, not one individual was fired, removed, not one position of power within the administration was altered. Most times when the power shifts there will be a clean out, and a change, people put in their people, we didn’t do that not one person has changed I am still not changing anybody I am simply suggesting the Township Clerk’s office could use a little help, it’s not political, there’s no game play, it’s that they are understaffed, they need another body. There have been no political power plays due to the change of power on the panel.


ET: We did go in and ask them if they needed help, they said yes. We have enough courage and confidence to look at our employees and see where there may be some lacking that s going to lack in giving the people of the township what they need, we are putting out a position for $33,000, not $100,000, we are not talking about fields over a million, this is to add a person to help Sharon I don’t think it is that big of a deal.


ML: I would like to comment on Susan’s comments; you can not just get rid of people in power positions that easy. To get rid of people in power positions, but you found out you need four votes, not three so you were beaten on that. But as far as it goes you tried to get a power position out of there. It’s not that easy to come in and take power positions away.


ET: I do not believe the Clerk is tenured, and we could have replaced her position, and we didn’t. ML: this person was not in a position to take that position now, but may be in a year, it’s still a political poly no matter how you color it. MAYOR: The people that work there do a great job, no one is denying that, there are other positions in this township that should have more people in the office, and they are doing a great job.


Walt Fernandez – Fifth Street: Susan I have to speak, you can not touch contracted people. Mr. Breeden has a contract; there are contracted positions that you can not change Mr. Mayor. The positions that you can change, township professionals; you said nothing was swiped out nothing was done? All these positions are gone across the board. ET/LM: Planning and Zoning we have nothing to do with. WF: the statement was made that people were not changed out; you can not sit there and say no changes were made.


Sarah Winchester – 22 Portland Street: regarding the job; what kind of complaints were you getting from residents stating they weren’t being serviced properly or on time? ET: one of the complaints was that our website was a fiasco, they could not find anything they were looking for, they could not find budgets if they were posted. I went on looking for things I could not find. We are going to have a whole new re-vamped website that is going to be easily accessible. SW: Which one of the employees currently handles that? Mayor: The Clerk. SW: so you are looking for a website person, not a typist? ET: No that is one of the job duties this person will be doing as well as helping out. Defers to Administrator, DB: in January we were to issue a contract to a technology company with regards to the maintenance and upkeep of the infrastructure of the Information technology we are going month by month at this time, this individual has considerable computer and web design experience, whether this person will be capable and have the time to maintain our infrastructure with regards to computers is unknown, but he has shown a capability to manage a website. SW: Is this position going to be a union position? DB: He will be excluded from a union contract. SW: We were about eliminating positions and reducing costs with the prior people. I really think this doesn’t look very well for the new people who have taken over to now put in another position; it doesn’t look like the right thing to do, what is going to be next?


Motion to close Public Comment: E. Taylor Second: S. Conway


7. New Business:


Approval of minutes for March 18, 2013 Regular Township Committee Meeting,


Motion to approve minutes: A. Bille Second: M. Lisella

Roll Call: Taylor: Yes Bille: Yes Lisella: Yes Conway: Yes Morano: Yes


8. 8. Old Business


Ordinance 2013-3 (Second Reading) **Carried

An Ordinance voiding and rescinding Ordinance 1996-15 which erroneously vacated all right, title and interest of the Township in an unimproved Right-of-Way, Blocks 92.41, 92.46, 92.70, 92.67, 92.68,92.69, 92.70, 92.75, 92.78 92.87and 92.111


Motion to Open Public Hearing: Second:

Motion to Close Public Hearing Second:


Motion to carry ordinance: E. Taylor Second: S. Conway

Roll Call: Taylor: Yes Bille: Yes Lisella: Yes

Conway: Yes Morano: Yes


9. 9. Formal Action Agenda


Resolution 2013-150

Resolution authorizing Emergency Temporary Appropriations for the Current Fund


Motion to adopt resolution: A. Bille Second: E. Taylor

Roll Call: Taylor: Yes Bille: Yes Lisella: Yes

Conway: Yes Morano: Yes


Resolution 2013-151

Resolution authorizing Emergency Temporary Appropriations for the Water/Sewer Fund


Motion to adopt resolution: E. Taylor Second: A. Bille

Roll Call: Taylor: Yes Bille: Yes Lisella: Yes

Conway: Yes Morano: Yes


Resolution 2013-152

Resolution authorizing payment of Bill List in the amount of $1,842,376.66


Motion to adopt resolution: S. Conway Second: E. Taylor

Roll Call: Taylor: Abstain Bille: Yes Lisella: Yes

Conway: Yes Morano: Yes


Resolution 2013-153

Resolution certifying that the Governing Body has reviewed the General Comments and Recommendations of the 2011 Audit


Motion to adopt resolution: A. Bille Second: M. Lisella

Roll Call: Taylor: Abstain Bille: Yes Lisella: Yes

Conway: Abstain Morano: Yes



11. Consent Agenda:


The below listed items are considered to be routine by the Township of Barnegat and will be enacted by one motion. There will be no formal discussion of these items. If discussion is desired, this item will be removed from the Consent Agenda and will be considered separately.


Approval of a Pull Tab Raffle for the American Legion Post 232 from June 1, 2013 through December 31, 2013


Resolution 2013-154

Resolution authorizing a refund of premium paid at Tax Sale on Block 93.01, Lot 32, also known as 29 Dogwood Drive


Resolution 2013-155

Resolution authorizing a refund of premium paid at Tax Sale on Block 94.01, Lot 120, also known as 9 Sequoia Court


Resolution 2013-156

Resolution authorizing the Tax Collector to refund payment erroneously paid on Block 116.01, Lot 1.01, also known as 912 West Bay Avenue


Resolution 2013-157

Resolution authorizing the Tax Collector to transfer funds from one Tax account to another Tax account due to an error in posting


Resolution 2013-158

Resolution authorizing the award of a contract for the procurement of Bell Mine and/or Carmeuse Hydrated High Calcium Lime in the amount of $33,465.60


Resolution 2013-159

Resolution authorizing reimbursement for the replacement of a Basketball Hoop in the amount of $200.09 damaged while Public Works was performing leaf pickup in the fall of 2012


Resolution 2013-160

Resolution authorizing the execution of a Shared Services Agreement with the County of Ocean Police Services for the Traffic Safety Program known as the Prosecutors Program


Resolution 2013-161

Resolution authorizing the award of Township Contract for Reconstruction of the Barnegat Township Municipal Dock – Contract #1 – Bulkhead, Gazebo and Boardwalk Rehabilitation (Public Bid Opening, Thursday, May 28, 2013)


Resolution 2013-162

Resolution authorizing the award of Township Contract for Reconstruction of the Barnegat Township Municipal Dock – Contract #2 – Purchase of Composite Decking, Timber, Railing and Hardware (Public Bid Opening, Friday, March 22, 2013)


Resolution 2013-163

Resolution authorizing the award of Township Contract for Reconstruction of the Barnegat Township Municipal Dock – Contract #3 – Site Work and Electrical Rehabilitation (Public Bid Opening, Thursday, March 28, 2013


Resolution 2013-164

Resolution authorizing the appointing an Administrative Assistant for the Municipal Clerk’s Office


Resolution 2013-165

Resolution renewal of a Maintenance Contract with Innovative Data Solutions for the Barnegat Township Police Department in the amount of $2,611 for the year 2013


Resolution 2013-166

Resolution authorizing reimbursement of cancellation of Winter Classes for the Recreation Department


Motion to Adopt Consent Agenda: E. Taylor Second: S. Conway

Roll Call: Taylor: Yes Bille: Yes, No to 2013-164 Lisella: Yes, No to 2013-164 Conway: Yes Morano: Yes


10. Motion to Adjourn: E. Taylor Second: S. Conway






I hereby certify that the foregoing

Minutes were formally approved

By the Barnegat Township Committee: