BARNEGAT TOWNSHIP COMMITTEE

OCEAN COUNTY

900 WEST BAY AVENUE

BARNEGAT, NJ 08005

 

TOWNSHIP COMMITTEE MEETING MINUTES

December 17, 2012, 6:30 PM

 

1. Call to Order

 

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. Roll Call of Officials Present:

Committeeman Lisella – Present

Committeeman Morano – Present

Committeeman Melchiondo – Present

Deputy Mayor Bille – Present

Mayor Cirulli – Present

 

Invocation by Reverend Glenn Swank, Pastor of Barnegat Bay Assembly of God

 

4. Salute to the flag

Presentation of certificates to the Jr. Bengals Cheerleaders Mighty Mites and Pee Wees

Presentation of certificates for donors to the 9/11 Memorial

Presentation of certificates by the Barnegat Volunteer Fire Company No. 1

Presentation of award to Board of Education Business Administrator, Dean Allison

 

Resolution 2012-603 **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: J. Melchiondo Second: L. Morano

Roll Call: Lisella: Yes Morano: Yes Melchiondo: Yes

Bille: Yes Cirulli: Yes

 

5. Mayor’s Report

Read and made a part of these minutes

 

6. Committee Reports

M. Lisella – Al, our Mayor, was instrumental in taking charge of the vehicle storage situation. I would like to see the construction of a building on the west side of the parkway for a first aid building, possibly donation of property. Thank you Al and Jeff for the guidance you gave me in this position.

 

L. Morano – 10 acres property next to Mirage for first aid building. We honor Quality Medical for all they do and the safety of the residents of this town will always be number 1. Thank you to Al and Jeff for all you have done for this committee.

 

J. Melchiondo – Memorial here tonight in honor of the victims of the Newtown CT tragedy. Barnegat D.O.V.E. (Division Of Volunteer Efforts) has received multiple truck loads of donations for Sandy victims in and around Barnegat. Thank you to the Sea Spray Hotel in Holgate for assisting us in helping those residents. The need is still there for donations of money and items for residents. Thank you to Barnegat and its residents for allowing me to do my job on this committee for the past eight years.

 

A. Bille – thank you to Charlie and all who contributed to the 9/11 Memorial. Yes, the first aid needs a place on the west side of the parkway to assist residents. Read a letter he sent out to many companies alerting them to the availability of the Genuardi’s store site. Thank you to Al and Jeff for always thinking what is best for Barnegat.

 

7. Administrator’s Report

Follow up on Johnson’s Pit vehicle storage issue, that the Township is issuing violations on a daily basis. A consent order has been drawn up that sets conditions for remediation. FEMA issued new advisory flood maps for the New Jersey coast, impacting Barnegat Township.

Engineer: base flood is increasing 3’-4’ in the lagoon area based on these maps. Based on these maps, the cost of flood insurance may go up for properties below these elevation limits.

Admin: The Township entered into an agreement through the County with storm debris removal company, Ash Britt, to continue collection of storm debris. Both the State and County are encouraging towns to assist each other with resources. While we are appreciative of the 75% reimbursement from FEMA, but we should request 90-100%. Explained detail of ordinances and resolutions on this agenda.

 

Motion to open Public Comment: A. Bille Second: M. Lisella

All are in favor

 

Jake Taylor – 106 Newark Road: Resolutions 2012-628 & 621 no action should be taken on these resolutions. I request that the Township Committee rejects these resolutions until the State has made a decision.

Engineer explained that if the Pinelands commission does not approve this ordinance the builder can not proceed with development, the resolutions become null and void. The State has the right to deny this ordinance, as well as all outside agency approvals in this state.

 

Frank Pecci – 11 Hemlock Drive: Why did the Township allow these trucks to bring the cars into the pit for storage, and why are they still operating? Why can we not allow Quality and our own First Aid use the same building? Why build a new one? Questioned resolution 623 on this agenda and engineer clarified.

 

Rob Liccione – 93 Gunning River Road: I am the First Aid Captain any questions for the First Aid should be brought to me. We do not use any neighboring town for our back-up. I have several issues with a newspaper article published, Quality medical covers many towns, and there are many other office spaces in this town. Our average response time is four minutes. Quality medical is required to send only one bill to each transported passenger whether they are paid or not, there is no follow up. Residents need to be told about this if they have insurance or not. We need space, the building, for our squad we want to expand. Our downtown location is busting at the seams, we can not expand our programs in that building. We notified EOC that we were without power during the storm for six days.

 

James Goldstein – 15 Ripple Terrace: First Aid Squad president, we can not be held hostage by any paid or volunteer service, we have no problem with Quality Medical Service.

 

Frank Gambino – 9 Wavecrest Court: We, in the First Aid, are here to serve the town. I had a call and had to drive 9 miles round trip to get to my neighbor with a rig, if we had a station west of the parkway this would not be an issue.

 

Linda Kropf – 38 Bridgewaters Passage: We people, Mirage, did not turn down the first aid building. The community at that time was governed by the developer, who was in charge of the trustees. They had the vote, not the community. Our community has no problem readdressing this issue, anything for the benefit of the town.

L. Morano: The golden gate’s coming down.

LK: Thank you to all those that saw our town through this trying time of super storm Sandy. I am proud to be both a resident and representative of an adult community in Barnegat.

 

Willie Muller – 3 Jon Drive: I have an issue with the road at Route 9 south and Barnegat Blvd., I thought there was an agreement that this was going to be improved. Engineer explained impacts on the highway and NJDOT. The other road issue is Burr Street from library to school the road has not been finished, and towards the cemetery.

 

Toni Carrea – Old Brookville Road: I appreciate the work that you have done about Johnson’s pit, but disappointed that it has been allowed.

Mayor: The state had to overrule our zoning law to allow this to go on, we have issued violations.

Engineer: This property must be restored to pre-Sandy conditions and then to remove the old violations issued to restore to original mining condition. A consent order will be issued as to conditions of removal and time frame.

LM: we will follow through 100% for clean up.

 

Rafael Adorno – 441 E. Bay Avenue: What are the plan and the membership of the first aid, and what have they done to increase response time? This information should be supplied if they plan to proceed with expansion of squad to a building west of the parkway in order to serve the residents of this community.

 

Motion to close Public Comment: J. Melchiondo Second: L. Morano

All are in favor

 

8. New Business:

 

Approval of minutes for November 19, 2012 and December 3, 2012 Regular Township Committee Meeting

 

Motion to approve minutes: J. Melchiondo Second: M. Lisella

Roll Call: Lisella: Yes Morano: Yes Melchiondo: Yes

Bille: Abstain Cirulli: Yes

 

9. Old Business

 

Ordinance 2012-28 (Second Reading)

An ordinance supplementing Chapter 74 of the Barnegat Township Code entitled “Water/Sewer Utility” adding Article IX entitled “Exemptions from Water/Sewer Utility Fees”

 

Motion to Open Public Comment: A. Cirulli Second: L. Morano

All are in favor

 

Motion to Close Public Comment: L. Morano Second: J. Melchiondo

 

Motion to adopt ordinance: J. Melchiondo Second: M. Lisella

Roll Call: Lisella: Morano: Melchiondo:

Bille: Cirulli:

 

Ordinance 2012-30 ***Withdrawn

An Ordinance amending Ordinance 2011-7 authorizing lease of property owned by the Township of Barnegat, Block 92.110, Lot 2 A/K/A 979 West Bay Avenue to Quality Medical Transport

 

Motion to withdraw ordinance: A. Cirulli Second: A. Bille

Roll Call: Lisella: Yes Morano: Yes Melchiondo: Yes

Bille: Yes Cirulli: Yes

 

10. Formal Action Agenda

 

Resolution 2012-604

Resolution authorizing payment of Bill List in the amount of $3,222,509.95

 

Motion to adopt resolution: J. Melchiondo Second: M. Lisella

Roll Call: Lisella: Yes Morano: Yes Melchiondo: Yes

Bille: Yes Cirulli: Yes

 

Resolution 2012-605

Resolution authorizing appropriation transfer for the Current Fund

 

Motion to adopt resolution: J. Melchiondo Second: A. Bille

Roll Call: Lisella: Yes Morano: Yes Melchiondo: Yes

Bille: Yes Cirulli: Yes

 

Resolution 2012-606

Resolution authorizing appropriation transfer for the Water/Sewer Fund

 

Motion to adopt resolution: M. Lisella Second: J. Melchiondo

Roll Call: Lisella: Yes Morano: Yes Melchiondo: Yes

Bille: Yes Cirulli: 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 Marissa Bergen, Thomas Bruno, Jr., Fred Helmick, Jr., and Sharon Sanchez as volunteers for the Barnegat Township First Aid Squad

 

Approval of Janice Deisler as volunteer for the Barnegat Fire Department

 

Approval of a Special Bingo License for Senior Citizen Associations and Clubs for Heritage Bay Adult Community

 

Resolution 2012-607

Resolution authorizing a refund based on a successful Tax Appeal on Block 200, Lot 1.05, also known as 271 Bay Shore Drive and Block 256, Lot 3, also known as 673 East Bay Avenue

Resolution 2012-608

Resolution authorizing a refund based on a successful Tax Appeal on Block 92.51, Lot 1, also known as 19 Cape Cod Avenue

Resolution 2012-609

Resolution authorizing the Tax Collector to transfer funds from the Water/Sewer Account to the Tax Account on Block 93.22, Lot 22, also known as 15 Fenwick Lane

Resolution 2012-610

Resolution authorizing a refund of Premium Paid at Tax Sale on Block 101, Lot 14, also known as 71 Highland Drive

Resolution 2012-611

Resolution authorizing a refund of Premium Paid at Tax Sale on Block 114.53, Lot 13, also known as 90 Lexington Boulevard

Resolution 2012-612

Resolution authorizing a refund based on a successful County Board Appeal on Block 92.111, Lot 24.11, also known as 770 Lighthouse Drive

Resolution 2012-613

Resolution authorizing the Tax Collector to transfer funds from the Tax Account to Water/Sewer Account on Block 116.34, Lot 41, also known as 14 Lilac Lane

Resolution 2012-614

Resolution cancelling taxes and authorizing a refund pursuant to N.J.S.A. 54:4-3.32 on Block 92.80, Lot 2, also known as 79 Nautilus Drive

Resolution 2012-615

Resolution authorizing a refund of Premium Paid at Tax Sale on Block 116.21, Lot 9, also known as 24 Spruce Circle South

Resolution 2012-616

Resolution authorizing a refund of Premium Paid at Tax Sale on Block 114.25, Lot 12, also known as 7 Transom Lane

Resolution 2012-617

Resolution authorizing a refund of Premium Paid at Tax Sale on Block 144.03, Lot 13, also known as 134 Vivas Drive

Resolution 2012-618

Resolution authorizing the Tax Collector to refund payment erroneously paid on Block 114.18, Lot 29, also known as 26 Windward Drive

Resolution 2012-619

Resolution authorizing in lieu mailing charges to be added to Tax Sale Costs

Resolution 2012-620

Resolution authorizing method of payment for delinquent taxes, water and sewer

Resolution 2012-621 ***Removed from Consent Agenda***

Resolution approving application for Constructability Review for Site Improvements for Ocean Acres, Phase 3A

Resolution 2012- 622

Resolution authorizing the release of the Maintenance Bond for Sanitary Sewer System Improvements for Ocean Acres, Phase 5

Resolution 2012-623

Resolution authorizing the release of the Maintenance Bond for Water System Facilities for Ocean Acres, Phase 5

Resolution 2012-624

Resolution authorizing the release of a Performance Guarantee for Heritage Point, North, Section 3 A, Site Improvements contingent upon the posting of a Two (2) Year Maintenance Bond in the amount of $222,173.00

Resolution 2012-625

Resolution encouraging FEMA to consider immediate advanced funding for Shore Communities for reimbursement of expenses due to Super Storm Sandy

Resolution 2012-626

Resolution authorizing the award of a contract to M & W Communications, Inc, for the purchase of Motorola Pagers under State Contract #A53804 in the amount of $4,781.00

Resolution 2012-627

Resolution approving a waiver request for a Road Opening Permit submitted by Walters Development for Whispering Hills

Resolution 2012-628 ***Removed from Consent Agenda***

Resolution approving and authorizing execution of third addendum to the Development and Reimbursement Agreement by and between the Township of Barnegat and Mark Madison, LLC

 Resolution 2012-629

Resolution authorizing the Township Attorney to commence foreclosure proceedings

Resolution 2012-630

Resolution awarding a contract for Water for the procurement of water meters to Water Works Supply Co., Inc., in the amount of $124,025.00

Resolution 2012-631

Resolution authorizing the refund of Escrow Deposits to Mignatti Construction for Heritage Point South, Section 4 Water/Sewer Inspection Escrow

Resolution 202-632

Resolution authorizing the refund of Escrow Deposits to Mignatti Companies for Heritage Point North, Section 5 Water/Sewer Inspection Escrow

Resolution 2012-633

Resolution authorizing the release of Performance and Maintenance Bonds for the Horizons and Sterling Woods Projects and authorizing the release of remaining unused Retainage and Inspections Fees

Resolution 2012-634

Resolution authorizing the award of a contract to Continental Fire & Safety, Inc. for the purchase of Positive Pressure Ventilation Fan for the Barnegat Volunteer Fire Company No. 1 in the amount of $1,912.50 under State Contract #A80974

Resolution 2012-635

Resolution approving a proposal for Professional Maintenance and Asset Management for Water Storage Tanks

Resolution 2012-636

Resolution awarding a contract to Firefighter One under State Contract #A81357 for a Military vehicle in the amount of $22,490.40 for the Barnegat Volunteer Fire Company No. 1

Resolution 2012-637

Resolution approving a Mobile Home License Renewal for Brighton @ Barnegat Mobile Home Park for the year 2013

Resolution 2012-638

Resolution authorizing the release of a Performance Guarantee for Site Improvements for Freedom Hills contingent upon the posting of a two-year Maintenance Bond in the amount of $400,293.00

Motion to Adopt Consent Agenda: J. Melchiondo Second: L. Morano

Roll Call: Lisella: Yes, Abstain 2012-623, 627, 628 Morano: Yes Melchiondo: Yes Bille: Yes, Abstain 2012-631, 632

Cirulli: Yes

Items removed from Consent Agenda to be voted on separately:

Held until approval from Pinelands Commission on Ordinances 2012-12

and 2012-22

Resolution 2012-621 ***Removed from Consent Agenda***

Resolution approving application for Constructability Review for Site Improvements for Ocean Acres, Phase 3A

Resolution 2012-628 ***Removed from Consent Agenda***

Resolution approving and authorizing execution of third addendum to the Development and Reimbursement Agreement by and between the Township of Barnegat and Mark Madison, LLC

 

Motion to withdraw resolutions: J. Melchiondo Second: A. Bille

All are in favor

 

12. Motion to Adjourn: J. Melchiondo Second: A. Bille

 

I hereby certify that the foregoing

Minutes were formally approved by

The Barnegat Township Committee:

 

 

_____________________________

Municipal Clerk