REGULAR MEETING – AUGUST 25, 2008 – 7:30 P.M.

Pledge of Allegiance.

Roll Call: Commissioner McGovern, Commissioner Gorman, Mayor Mahon.

Borough Clerk reads the following statement:

This is a regular meeting of the Board of Commissioners of the Borough of Avon-By-The-Sea and notice of time, date and place has been transmitted to the area newspapers, Avon Board of Education, Avon Public Library and the Avon Post Office in compliance with the rules and regulations of the Open Public Meetings Law.

Fire Exits are located in the directions I am indicating. In case of fire, you will be notified by an alarm bell. If so notified, please move in a calm, orderly manner to the nearest smoke free exit. Thank you.

Motion by McGovern seconded by Gorman that the minutes of the meeting of August 12, 2008 be approved as written.

The Vote:

Aye: All (Mayor Mahon absent)

No: None

Mayor announces that this is the time advertised for second reading and hearing on Ordinance No. 12-2008 entitled:

“ AN ORDINANCE TO AMEND AND SUPPLEMENT

CHAPTER 123, ENTITLED NOISE, OF THE CODE

OF THE BOROUGH OF AVON-BY-THE-SEA,

MONMOUTH COUNTY.”

123-4.  Enumeration of unnecessary noises.

D.  Construction or repair of building.

(1) The erection, including excavating, demolition, alteration or repair of any building other than between the hours of 8:00 a.m. and 5:00 p.m., every day except Sunday and Federal holidays, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the Borough Inspector, which permit may be granted for a period not to exceed three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues.

All other terms and conditions of this chapter shall remain in effect.

Would anyone like to be heard on the above ordinance?

Wally French thought some residents would be inconvenienced – the ordinance should not apply to Martin Luther King Day, President’s Day, Columbus Day and Veteran’s Day.

Motion by Gorman seconded by Mahon that the above Ordinance No. 12-2008 be approved on second reading and its passage published in a newspaper as required by law.

The Vote:

Aye: All

No: None

RESOLUTION offered by Gorman seconded by Mahon that,

ORDINANCE NO. 13-2008 entitled:

“ AN ORDINANCE TO AMEND AND SUPPLEMENT

CHAPTER 93, ENTITLED DOGS AND OTHER ANIMALS,

OF THE CODE OF THE BOROUGH OF AVON-BY-THE

SEA, MONMOUTH COUNTY.”

be introduced on first reading.

The Vote:

Aye: All

No: None

Discussion about the ordinance took place.

Motion by McGovern seconded by Mahon that the above Ordinance No. 13-2008 be taken up on second reading with a hearing on September 8, 2008 at 7:30 p.m.

The Vote:

Aye: All

No: None

RESOLUTION offered by McGovern seconded by Mahon that the contract for the Filter Media Replacement be awarded to G.M.H. Associates, Trenton, NJ, with the low bid of $77,900.00. Award of bid is subject to review and approval of the bid documents by the Borough Attorney.

The Vote:

Aye: All

No: None

RESOLUTION offered by McGovern seconded by Mahon that the contract for the Settling Tank Improvements be awarded to CFM Construction Inc., Stirling, NJ, with the low bid of $252,800.00. Award of bid is subject to review and approval of the bid documents by the Borough Attorney.

The Vote:

Aye: All

No: None

RESOLUTION offered by McGovern seconded by Mahon that the Avon Home and School Association is hereby approved to conduct a Gift Auction to be held at The Norwood Inn, October 17, 2008 from 6:00 p.m. to 10:00 p.m.

The Vote:

Aye: All

No: None

RESOLUTION offered by McGovern seconded by Mahon that,

WHEREAS, Ovarian cancer is called the “silent killer” because its symptoms are often vague or subtle; and

WHEREAS, Ovarian cancer is the fourth leading cause of cancer death among women and the leading cause of gynecologic cancer death in the United States; and the risk of developing it increases with age and a family history of this disease. Other risk actors include a history of endometrial colon or breast cancer and obesity. Because early detection is crucial in treating ovarian cancer and its symptoms can be difficult to identify, women should consult their doctors about personal risk factors, early warning signs and screening options, and

WHEREAS, during National Ovarian Cancer Awareness Month, we remember those who have lost their lives to ovarian cancer, and we honor the courage and strength of those who continue to fight this disease. We also recognize the dedicated medical professionals and researchers whose timeless efforts help provide a brighter, healthier future for women, and

WHEREAS, each year, more than 22,000 Americans are diagnosed with the disease and approximately 16,000 die from it; and

WHEREAS, if detected in its early stages, survival from ovarian cancer is 90-95 percent. Yet the five year survival rate for the disease is only 28 percent, because it is so difficult to detect early; and

WHEREAS, the Kaleidoscope of Hope Foundation (KOH), a local non-profit group co-founded by ovarian cancer survivors Gail MacNeil of Chatham Township and Lois Myers of Harding Township, raises funds for research and to increase awareness of the disease and its symptoms, and wishes to remind the public that September is Ovarian Cancer Awareness Month by tying teal ribbons on tress throughout the town; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the Borough of Avon-By-The-Sea declares its support for National Ovarian Cancer Awareness Month in September, 2008.

The Vote:

Aye: All

No: None

Motion by Gorman seconded by McGovern that the bills in the amount of $540,438.65 be approved for payment.

The Vote:

Aye: All (Mayor abstains from P.D. bills)

No: None

Mayor asks if anyone would like to be heard?

Bob Phillips, 53 1st Ave. – Fishing at bulkhead. Town not enforcing the ordinance. Called police and was told couldn’t do much about it. People throw trash on his property, some onto his property. Has had enough and wants something done. His other issue is the town clock. Has been paid for by myself and others.

Comm. Gorman – will speak to police dept. and ask them to step up enforcement at bulkhead. As to clock, the plaques are up. Hope to have a dedication in Sept.

Someone asked if it is too late to donate for the clock? It is, but bricks are available for the Memorial Walk in front of the Municipal Bldg.

Herb Stiefel, 57 1st Ave. – has lived here for 25 years. Never seen situation deteriorate as it has in last 25 years. The curbs painted yellow don’t mean a thing to people that park there, to the police or bicycle cops. Why don’t they give out tickets?

Comm. Gorman – will speak to the police chief, but as a matter of record, there were 191 traffic violations issued in Avon in the month of July.

Linda Henderson – asked about new fence up on state property. Mr. Gallagher said there has always been a fence there – just replaced.

Motion by Mahon seconded by Gorman that being there is no further business, the meeting is adjourned.

The Vote:

Aye: All

No: None

______

Robert Mahon, Mayor

______

Robert P. McGovern, Commissioner

______

Francis E. Gorman, Commissioner

______

Timothy M. Gallagher, RMC

Borough Clerk