The Meeting Was Called to Order by Council President Ellenberg

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May 28, 2014

A Regular Meeting of the Borough Council of the Borough of Avalon was held on Wednesday, May 28, 2014 at 7:36 p.m. in the Meeting Room, 3100 Dune Drive, Avalon, New Jersey.

Attendance: Public ------6 Reporters ------1

The meeting was called to order by Council President Ellenberg.

Roll call: Council President EllenbergPresent

Council Vice President CovingtonPresent

Councilman DeanPresent

Councilwoman HudanichPresent

Councilman McCorristinPresent

Also present:

Stephen D. Barse, Esquire, Borough Solicitor

Police Chief William McCormick

Scott Wahl, Public Information Officer

James V. Craft, Director of Revenue/Finance

William Macomber, Director Public Works/Utilities

Sue Ellenberg, Recreation Personnel

Paul E. Short, Sr., Code Enforcement Officer

James V. Craft, Chief Financial Officer

Thomas R. Thornton, P.E., Borough Engineer, Hatch Mott Macdonald, LLC

Alan I Gould, Esquire, Special Conflict Counsel

Neil Yoskin, Esquire, Special Litigation Counsel

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 – April 23, 2014

Special Meeting – April 30, 2014

Work Session, Agenda Session, Regular Meeting, Closed Session – May 14, 2014

Motion made by Council Vice President Covington, seconded by Councilwoman Hudanich that the minutes be approved as submitted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye

Councilman McCorristinAye

Council President EllenbergAye

There are no released Closed Session Minutes to be released for the period of April 23, 2014 through May 14, 2014.

Public comments regarding Resolutions:

None.

7034

May 28, 2014

Resolution No. 85-2014:A RESOLUTION AUTHORIZING HATCH MOTT

MACDONALD, LLC TO PROVIDE A FEASIBILITY STUDY REGARDING DUNE DRIVE PARALLEL WATER MAIN FOR A LUMP SUM FEE OF FIFTEEN THOUSAND (15,000.00) DOLLARS

Motion made by Councilman McCorristin, seconded by Councilwoman Hudanich that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 86-2014:A RESOLUTION AUTHORIZING HATCH MOTT

MACDONALD LLC TO PROVIDE DESIGN SERVICES, PREPARE PLANS, SPECIFICATIONS AND ADVERTISE FOR BIDS FOR REHABILITATION OF 15TH STREET S.S. PUMP STATION WET WELL FOR A LUMP SUM FEE OF FOURTY-FIVE THOUSAND FIVE HUNDRED (45,500.00) DOLLARS

Motion made by Council Vice President Covington, seconded by Councilman Dean that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 87-2014:A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GROUP DENTAL INSURANCE PLAN

AND RATIFYING THE AGREEMENT AS PROPOSED

BY DELTA DENTAL FOR DENTAL COVERAGE FOR

A ONE (1) YEAR TERM COMMENCING JUNE 1, 2014

THROUGH MAY 31, 2015

Motion made by Councilman Dean, seconded by Councilman McCorristin that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 88-2014:A RESOLUTION AUTHORIZING THE PROPER

OFFICIALS TO PROVIDE FOR THE DISTRIBUTION OF PLAN BENEFITS PROVIDED BY LINCOLN NATIONAL LIFE INSURANCE COMPANY, AND ITS AGENT LINCOLN FINANCIAL GROUP FOR ANDREW J. BEDNAREK, BUSINESS ADMINISTRATOR

7035May 28, 2014

Motion made by Councilwoman Hudanich, seconded by Council Vice President Covington that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 89-2014:A RESOLUTION AUTHORIZING AN AGREEMENT

FOR SHARED SERVICES FOR CHIEF FINANCIAL

SERVICES FOR THE MUNICIPALITIES OF THE

BOROUGH OF STONE HARBOR AND THE BOROUGH OF AVALON

Motion made by Council President Ellenberg, seconded by Councilman Dean that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 90-2014:A RESOLUTION AUTHORIZING ACCEPTANCE OF A

$61,200.00 MONETARYCONTRIBUTION TO BE

APPLIED TOWARD A PUBLIC ACCESS MITIGATION

PROJECT

Motion made by Council Vice President Covington, seconded by Councilwoman Hudanich that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 91-2014:A RESOLUTION APPROVING 2014 JITNEY

LICENSES FOR A TERM OF ONE (1) YEAR

COMMENCING JANUARY 2, 2014 THROUGH

JANUARY 1, 2015

Motion made by Councilman McCorristin, seconded by Councilman Dean that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 92-2014:A RESOLUTION AUTHORIZING THE EMERGENCY

EXTENSION OF THE CONTRACT WITH PHILLIPS

& JORDAN, INC. OF ROBBINSVILLE, NC FOR

BOROUGH CONTRACT NO. 11-07, ADDENDUM NO.

1 PRE-EVENT DISASTER RECOVERY ASSISTANCE

FOLLOWING A NATURAL OR MANMADE

DISASTER FOR THE BOROUGH FOR A PERIOD NOT

TO EXCEED 120 DAYS FROM MAY 24, 2014

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May 28, 2014

Motion made by Council President Ellenberg, seconded by Councilman McCorristin that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 93-2014:A RESOLUTION AUTORIZING THE EXECUTION OF CONSENT TO CONTRACT ASSIGNMENT WHICH AUTHORIZES THE ASSIGNMENT BY BLUE DIAMOND DISPOSAL, INC. OF CONTRACTS ENTERED INTO WITH THE BOROUGH OF AVALON TO CHOICE ENVIRONMENTAL SERVICES OF NEW JERSEY, INC. FOR THE BALANCE OF THE TERM OF CONTRACTS COMMENCING JUNE 1, 2013 THROUGH MAY 31, 2018

Motion made by Councilman Dean, seconded by Council Vice President Covington that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 94-2014:A RESOLUTION AUTHORIZING CHANGE ORDER

NO. 1 FOR RECONSTRUCTION OF VARIOUS

STREETS, CONTRACT NO. M-95

Motion made by Councilwoman Hudanich, seconded by Council Vice President Covington that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 95-2014:A RESOLUTION AUTHORIZING PAYMENT OF

BILLS

Motion made by Council President Ellenberg, seconded by Councilman McCorristin that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

7037 May 28, 2014

Resolution No. 96-2014:A RESOLUTION AUTHORIZING THE BOROUGH OF

AVALON ALTERNATE ENERGY RESOURCE

SUBCOMMITTEE OF THE BOROUGH OF AVALON,

COMMONLY KNOWN AS THE “GREEN TEAM”, TO

FILE AN APPLICATION WITH SUSTAINABLE NEW

JERSEY FOR PARTICIPATION IN THE

SUSTAINABLE JERSEY MUNICIPAL

CERTIFICATION PROGRAM

Motion made by Council President Ellenberg, seconded by Councilman McCorristin that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Introduction and first reading by title only of Ordinance No. 704-2014:

Motion made by Council Vice President Covington, seconded by Councilwoman Hudanich that Ordinance No. 704-2014 be brought on for first reading by title only.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Borough Clerk to read aloud Ordinance No. 704-2014:

Ordinance No. 704-2014:

BOND ORDINANCE OF THE BOROUGH OF AVALON, IN THE COUNTY OF CAPE MAY, NEW JERSEY PROVIDING A SUPPLEMENTAL APPROPRIATION OF $738,000 FOR VARIOUS W/S CAPITAL IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF $701,100 BONDS OR NOTES OF THE BOROUGH FOR FINANCING PART OF THE APPROPRIATION

Motion made by Council Vice President Covington, seconded by Councilwoman Hudanich that Ordinance No. 704-2014 be passed on first reading and advertised according to law.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye

Councilman McCorristinAye

Council President EllenbergAye

Reports of Officials:

Andrew J. Bednarek, Business Administrator, reported on funds received from Hurricane Sandy insurance claims through the JIF. He said $38,000 had been received previously but the Borough did receive $370,000 last week. He complimented Bill Macomber and his staff along with Paul Short for going through the claims after the disaster.

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May 28, 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 Division Report submitted by Recreation Personnel.

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 Dean, seconded by Councilman McCorristin that the reports be approved.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Pending business.

None

New business

None

Public Comments:

None.

Council President Ellenberg commented on the fantastic Memorial Day Weekend. He said the programs were terrific, including the parade and the ceremony.

Resolution:

Resolution No. 97-2014:A RESOLUTION TO CONDUCT A CLOSED SESSION PURSUANT TO N.J.S.A10:4-12.b OF THE OPEN PUBLIC MEETINGS ACT PERTAINING TO ATTORNEY CLIENT PRIVILEGE, PERSONNEL AND CONTRACT NEGOTIATIONS REGARDING SHARED SERVICES WITH MIDDLE TOWNSHIP FOR BACK BAY DREDGING, EMPLOYMENT CONTRACT FOR THE CHIEF OF POLICE AND EMERGENCY MEDICAL TECHNICIANS AGREEMENT.

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May 28, 2014

Motion made by Council President Ellenberg, seconded by Councilman Dean that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Motion made by Councilman Dean, seconded by Council Vice President Covington to recess the public portion of the Regular Meeting and go into Closed Session.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman Hudanich Aye

Councilman McCorristinAye

Council President EllenbergAye

Council President Ellenberg stated there will beformal action after the Closed Session.

Public portion of the Regular Meeting recessed at 7:48 p.m.

Motion made by Council President Ellenberg, seconded by Councilman McCorristin to adjourn the Closed Session and go back into public portion of the Regular Meeting.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman Hudanich Aye

Councilman McCorristinAye

Council President EllenbergAye

Public Portion of Regular Meeting reconvened at 8:19 p.m.

Present:

Andrew J. Bednarek, Business Administrator

Stephen D. Barse, Esquire, Borough Solicitor

Resolution No. 98-2014:A RESOLUTION RATIFYING THE

AGREEMENT BETWEEN THE BOROUGH OF

AVALON AND POLICE CHIEF AND POLICE

CAPTAIN FOR A THREE (3) YEAR TERM

COMMENCING JANUARY 1, 2014 THROUGH

DECEMBER 31, 2016

Motion made by Councilwoman Hudanich, seconded by Council Vice President Covington that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Resolution No. 99-2014:A RESOLUTION AUTHORIZING THE EXECUTION

OF A SHARED SERVICES AGREEMENT FOR THE

DREDGING OF CERTAIN WATER BODIES WITH

THE TOWNSHIP OF MIDDLE

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May 28, 2014

Motion made by Councilman McCorristin, seconded by Councilman Dean that the resolution be adopted.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman HudanichAye Councilman McCorristin Aye

Council President EllenbergAye

Motion made by Council President Ellenberg, seconded by Councilman McCorristinto adjourn the Regular Meeting.

ROLL CALL VOTE: Council Vice President CovingtonAye

Councilman DeanAye

Councilwoman Hudanich Aye

Councilman McCorristinAye

Council President EllenbergAye

Regular Meeting adjourned at 8:20 p.m..

Respectfully submitted,

______

Marie J. Hood, Assistant to Borough Clerk

______

David B. Ellenberg, Council President