Office of the Board of Commissioners Borough of Monmouth Beach September 11, The following statement was read by Mayor Susan Howard:

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1 Office of the Board of Commissioners Borough of Monmouth Beach September 11, 2012 The following statement was read by Mayor Susan Howard: 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, the Link News and The Atlanticville on January 13, 2012, posted on the bulletin board in the Municipal Building on that date and has remained continuously posted as the required notice under the statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk. Pledge of Allegiance Mayor Howard called the meeting to order at 6:30 pm. Present Mayor Howard, Commissioner Cunniff, Commissioner McBride Absent None Commissioner McBride moved, seconded by Commissioner Cunniff that the reading of the minutes of the previous meeting held on August 14, 2012 be dispensed with and that they stand as recorded. Commissioner Cunniff moved, seconded by Commissioner McBride that the following bills which had been reviewed by their respective department heads be approved for payment. Commissioner McBride moved, seconded by Commissioner Cunniff that the following Consent Agenda items be passed and adopted: WHEREAS, the Church of the Precious Blood has made an application for an on premise 50/50 cash raffle to be held during an event at the parish center, 72 Riverdale Avenue, on October 6, 2012; 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 according to the Act and rules and Regulations and the entire net proceeds are to be devoted to a purpose permitted by the Act; 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 by the Act; NOW, THEREFORE, BE IT RESOLVED that a Raffle License be granted to the Church of the Precious Blood, pending final approval from the Legalized Games of Chance Control Commission. WHEREAS, the Monmouth Beach Fire Company has submitted applications for an on premise draw raffle for merchandise and an on premise cash 50/50 cash raffle to be held at the Parish Center on October 15, 2012; and

2 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 two Raffle Licenses be granted to the Monmouth Beach Fire Company, pending final approval from the Legalized Games of Chance Control Commission. WHEREAS, quotes were solicited by the Borough of Monmouth Beach for interior renovations to the Administrator s and Mayor s offices in the Borough Hall; and and WHEREAS, quotes were solicited from Peter J. Brown, Gary Tvrdik, and Dennis Montafusco; WHEREAS, Dennis Montefusco declined to submit a quote for the project; and WHEREAS, the low quote submitted was from Gary Tvrdik in the amount of $19, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Monmouth Beach, County of Monmouth, State of New Jersey that the contract for the interior renovations to the Administrator s and Mayor s offices in the Borough Hall be awarded to Gary Tvrdik, 25 Morris Place, Oceanport, NJ, 07757, in the amount of $19, in accordance with his proposal dated September 5, 2012, a copy of which is attached; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be authorized and directed to execute the contract for same. 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 2013 summer season and/or the 2013 and 2014 seasons and/or the 2013, 2014 and 2015 summer seasons and; BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be authorized to execute the contract for same. WHEREAS, there exists a need for legal services in the Borough of Monmouth Beach for Special Mount Laurel Counsel; and WHEREAS, funds are available for said purpose; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Monmouth Beach as follows: 1. The Mayor and Municipal Clerk are hereby authorized on behalf of the Borough, to retain Andrew Bayer, Esq., an Attorney-At-Law of the State of New Jersey, to perform the service of Special Mount Laurel Counsel and to execute the contract for same.

3 2. Said attorney is retained and appointed to the office of Special Mount Laurel Counsel without competitive bidding as a "Professional Service" under the provisions of the Local Public Contracts Law because the service rendered or performed is to be done by a person authorized by law to practice a recognized profession and whose profession and practice is required by law and bids are not required as per R.S. 40A: A notice of this contract shall be published as required by law. The Resolution and contract are on file and available for public inspection in the office of the Municipal Clerk during normal business hours. End of Consent Agenda At this time, James Fuller, Borough CFO, presented the 2012 New Jersey Best Practices Inventory Program Worksheet. He noted that he had previously distributed the completed worksheet to the Mayor and Commissioners for their review. Mr. Fuller said that as in the past, the Borough complied with the vast majority of programs and policies set forth in the worksheet, so no State Aid would be withheld. The Mayor and Commissioners thanked Mr. Fuller for his diligence in completing the worksheet. Mr. Fuller said that he would forward the completed worksheet to the State. Commissioner Cunniff moved the following Resolution, which was seconded by Commissioner McBride: WHEREAS, the Board of Commissioners of the Borough of Monmouth Beach have reviewed the Local Government Best Practices Program and Worksheet from the Department of Community Affairs; and WHEREAS, James C. Fuller, Borough CFO, has completed the Best Practices checklist and has certified same; and WHEREAS, based upon the answers to the checklist items it is determined that the Borough of Monmouth Beach has sufficiently adopted and performed such policies and procedures as to maintain the level required to qualify for its share of State Aid; NOW THREFORE BE IT RESOLVED, after review of the Best Practices worksheet and checklist, it was deemed acceptable to the Mayor and Commissioners of the Borough of Monmouth Beach; and BE IT FILALLY RESOLVED that Mr. Fuller be directed to submit the Best Practices checklist to the Department of Community Affairs on behalf of the Borough. Administrator s Report: None. Mr. Chismar was not present. Attorney s Report: Mr. Collins had nothing to report. Commissioner McBride moved, seconded by Commissioner Cunniff that the meeting be opened to the public.

4 Mayor Howard noted that several members of the public were present at this meeting to discuss the proposed improvements to Griffin Park. She explained that the requested improvements to the park were being submitted under the Monmouth County Open Space Grant Application process. Mayor Howard said that the public hearing on the application had taken place at last month s borough meeting but that she had asked Bob Stetz, of T&M Associates, to be present again this evening to go over the application and the proposed improvements once again. Bob Stetz presented a map of Griffin Park that he said was used at last month s public hearing. Mr. Stetz outlined the improvements that would be made to the area if the grant application and funding was approved by the County. Some requested improvements outlined included the following: Upgrade the existing ball field to improve the drainage, add natural grass and clay to field Repave the walkway and track Add six (6) fitness stations around the field Repave the parking lot and improve the drainage Repair and upgrade the existing gazebo Install safety lighting Re-orient the present soccer field Mr. Stetz said that the conceptual plan had been drawn up based upon recommendations from the Recreation Commission and approved by the Governing Body. Mr. Stetz explained that the County grant was a 50% match, up to $250,000. He said the application had to be submitted to the County by September 19, 2012 and we should know by January of 2013 what funding, if any, we would qualify for. courts. Mr. Mauro, Tocci Ave., said he had heard that lights would be installed by the basketball Mr. Stetz said that the lights that were there would be fixed and that no new lights would be added to that area. Mr. Stetz said that the only lighting would be low level ballard lights which would be installed near the water. Ms. Henning, Drew Ct., asked if the park would be elevated to drain the water. She said that the water presently comes up through the outfall pipe and floods the park. Ms. Henning was concerned that the water would just be displaced and would go somewhere else. Mr. Stetz said he was very familiar with the present conditions at the park. He said we can improve the drainage but can t raise the park that much; just enough to get the fallout into the river. Ms. Miller, Margaret Pl., said that the large arbor vitas that used to line the East side of the park had been removed and 20 new arbor vitas had been planted on the West side. She said that as a result the property value of the houses on Margaret Pl. had decreased since they now faced a chain link fence. Allen Miller, Public Works Superintendent, said that the Shade Tree Commission had been responsible for the planting in that area. He speculated that they might have removed the plants because of the location of an outfall pipe. area. Commissioner McBride said he would try to find out why the plants were removed from the Several residents that lived in the vicinity of the park said they were concerned over the loud groups of kids and teenagers that congregated in the park at night. They agreed that drinking was taking place and that loud, profane language could be heard coming from the park. The residents said that since the park was supposed to be closed after sunset, they were concerned that adding lights to the park would encourage the kids to go there at night.

5 Laurie Petrone, Monmouth Place, asked what the Police Chief thought of adding additional lights to the park. Drew Winans, Police Chief, said that the addition of the low level lighting was just to make it safer for people who were walking the park. Mr. Stetz said the lights could be programmed to shut off when the park was closed. Commissioner Cunniff said if the lights were going to turn off at dusk when the park was closed, why then have the lights at all. Mayor Howard said they could talk about this issue later down the road. She said that the Borough did not have to do every item listed on the plan. Mr. Stetz said the addition of the lights could be listed as an alternate if the Chief felt they were not needed. He said the town was just trying to upgrade the present facilities, with input from the Recreation Commission. Commissioner McBride said that the plan was not to eliminate the flood water but to try and disperse the surface water so the field was more usable. Mr. Stetz pointed out that the maximum amount the County would contribute would be $250,000 and the town would have to match that amount but that the town could put in more money if we wanted to. Mr. Stetz explained that the County ranked all the applications that the various towns submitted and that Monmouth Beach may not be successful in obtaining any funds from the County. A member of the public said that the dog ordinance was not being enforced in the park. Mayor Howard said the ordinance was enforced but that not every violation was caught. Chief Winans said that although dogs were not permitted inside the park, it was permissible to walk a leashed dog around the perimeter of the park. He said of course that anyone doing so was responsible for cleaning up after their pet. A Griffin St. resident asked why she had not received notice of the park improvements even though she lived quite close by. Mr. Stetz said that the County did not require that residents within the area receive personal notification. He said that a notice of the public hearing on the plan had been published, and the hearing had taken place at last month s borough meeting Mr. Stetz said that notification to residents within 200 of the property in question was only required when someone was seeking a variance. Commissioner McBride moved, seconded by Commissioner Cunniff that the meeting be opened to the public. There being no further business,

6 Commissioner Cunniff moved, seconded by Commissioner McBride that the meeting be closed. Commissioner McBride moved, seconded by Commissioner Cunniff that the meeting be adjourned. Mayor Howard Commissioner Cunniff Commissioner McBride ATTEST: Joyce L. Escalante, RMC Municipal Clerk