Open Official Agenda

March 9, 2010

A Regular Meeting of the Township Council of the Township of Berkeley was held on Tuesday, March 9, 2010, at the Municipal Building, Pinewald Keswick Road, Bayville, New Jersey immediately following the Caucus Meeting. Present were Council Members Wolff, Davis, Siddons, Noonan, Mustardo, Abbe, and Council President Amato. Also present were Mayor Varano, Administrator Roeber, Attorney Sheehan, and Engineer Theodos.

Township Clerk read the following Open Public Meetings Statement:

Ladies and Gentlemen, pursuant to the applicable portions of the New Jersey Open Public Meetings Law, adequate notice of this meeting has been given. This meeting is posted on the Bulletin board located in the corridor of this building and published in the Asbury Park Press on January 9, 2010 and the Press of Atlantic City on January 11, 2010.

Councilwoman Wolff offered a prayer and Central Regional Cast from “Sweet Charity” led in the Pledge of Allegiance at the Caucus Meeting prior to this meeting.

ROLL CALL

PRESENT: Wolff, Davis, Siddons, Noonan, Mustardo, Abbe, Amato ABSENT: None

On motion by Councilman Abbe, seconded by Councilwoman Wolff, approval of the Official Minutes for February 23, 2010

ROLL CALL

AYE: Wolff, Noonan, Mustardo, Abbe, Amato NAY: None ABSTAIN: Davis, Siddons,

On motion by Councilman Abbe, seconded by Councilwoman Noonan, approval of the Updated Monthly Reports for January 2010 and ordered filed. Council President Amato asked if there were any questions on the reports. There being none.

ROLL CALL

AYE: Wolff, Davis, Siddons, Noonan, Mustardo, Abbe, Amato NAY: None

On motion by Councilman Abbe, seconded by Councilwoman Wolff, approval of Resol. #10- 122b-R re: Emergency Temporary Appropriation.

ROLL CALL

On motion by Councilwoman Siddons, seconded by Councilman Mustardo, approval of Resol. #10-123-R re: Bills & Payroll. Bills $ 2,529,478.05 Payroll $ 730,192.68 Total $ 3,259,670.73 Council President Amato inquired if there were any questions on the motion. Councilman Abbe noted that inclusive within the bill list: BERKELEY BOARD OF ED. $ 2,036,075.00.

ROLL CALL

AYE: Wolff, Davis, Siddons, Noonan, Mustardo, Abbe, Amato NAY: None ABSTAIN: Amato (Bills)

Council President announced the time and place of a public hearing on Ordinance #10-04- OA re: AN ORDINANCE OF THE TOWNSHIP OF BERKELEY AMENDING CHAPTER XXXIV OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF BERKELEY, §34-1 ENTITLED “SMALL WIND ENERGY SYSTEMS.” Council President Amato read the Ordinance by title, as copies had been made available to the public upon request; it had been posted on the Bulletin Board in Town Hall and published in the newspaper as required by law. Council President invited anyone in the public who wished to speak for or against the adoption of the Ordinance to be heard. There being none. March 9, 2010

On motion by Councilman Abbe, seconded by Councilman Mustardo, to close the public hearing and adopt Ordinance #10-04-OA (to be found in full at the end of the minutes.)

ROLL CALL

Council President announced the time and place of a public hearing on Ordinance #10-05- OA re: AN ORDINANCE OF THE TOWNSHIP OF BERKELEY AMENDING CHAPTER 35 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF BERKELEY §35-91 ENTITLED “SIGNS.” Council President Amato read the Ordinance by title, as copies had been made available to the public upon request; it had been posted on the Bulletin Board in Town Hall and published in the newspaper as required by law. Council President invited anyone in the public who wished to speak for or against the adoption of the Ordinance to be heard. Mark Chiacchia, Owner Party Lane, 333 Atlantic City Blvd Ste 8, Bayville, NJ Owns four (4) trucks and noted that the times are very difficult. He noted that the ordinance hurts the businesses and felt that the truck advertising is a small draw for them. He commented that the trucks cannot be that obstructive. He wanted the town to support the businesses not hurt them. He added that he had spent $1000.00 to comply with the complaints regarding his vehicle. Disagrees with having to park his truck where it cannot be seen from Route 9. Hal Finley, South Beach Bistro, 333 Route 9, Foodtown Shopping Center, has a truck that he uses for delivery and parks out by the road. There is no space on the sign for his business name and needs to put his van out there for people to know that he is in the shopping center. The van has bought in more customers than the thousands of dollars spent on advertising. Louis Nascone, Tint Man, 258 Atlantic City Blvd, keeps his vehicle parked at his residence on Route 9, he noted that he has two (2) vehicles and cannot drive both so one truck is always there. He cannot park in his back yard because of the septic tank and will have to rent space to keep his other vehicle. Jim Dellapietro, for his wife Heather Dellapietro, Salon Sophisticut, 340 Route 9, He understands trying to cleanup the route 9 Corridor but the vans that are painted are done professionally but the small stick in signs are a distraction and many towns are not allowing them. He added that the businesses support the youths in the neighborhood and donate for the local facilities for the sports leagues. Their van is used for beauty shows and picking up supplies and he cannot afford to go out and purchase a truck now. He added that the people who take care of their vehicles should not suffer because of the few who neglect their vans and trucks. He felt that the town should set standards and regulate signage. He noted that businesses are leaving the town and changing the sign ordinance would hurt the town. Mitch Horowitz - Fur Balls –Penn Plaza, 340 Route 9, has van with Furs Balls advertisement and uses his van for pick up and drop off of animals, dog shows, grooming competitions and ancillary related jobs related to the business. The van brings people in to their establishment for grooming and this keeps the work here in Bayville. He noted that the businesses at this mall do not front Route 9 and many do not know what is in there. He also added that Berkeley has a rich history of unique signs – dinosaur and champagne bottle that bring in many customers. He felt that the businesses should meet with the Council and come to an agreement that can make everyone happy, prosper and grow. Al Collins Owner Denise Collins, Knock it Off Accessories, he agreed with all the other owners and noted that he uses his vehicle for the business. He needs his truck there, people see it and it brings people into the store. His vehicle is fully functional and he drives it on the road. Mayor Varano inquired if the owner advised the tenants about the planning board approval of the plaza to not permit accessory signs. Mr. Collins responded that the owner had not informed him. Councilwoman Wolff, suggested the ordinance go back to the Legislative Committee to be fair to everyone. Council President Amato advised that they would continue to take comments from the people who came out tonight for sign ordinance. Howard Hoffman, 387 Bayview Avenue, noted that after Route 9 is cleaned up of all the sandwich signs commercial traffic will increase. Councilman Abbe advised that “item g” of the ordinance wording be changed. Mitch Horowitz - Fur Balls noted that the vehicles couldn’t be in view of Route 9 even if they are moved and used for the business. Conrad Wozsniak, Oh What a Bagel, 657 Route 9, does have a delivery van that was professionally painted that he parks in front of his business that lets the people know where to turn in. Council President Amato asked for a motion to carry the public hearing to the next m March 9, 2010

On motion by Councilman Abbe, seconded by Councilwoman Noonan, to carry the public hearing and refer the ordinance to the legislative committee. Councilwoman Davis inquired if we would need to reintroduce the ordinance if there are changes. Attorney Sheehan, noted that if there are significant changes it would be required to reintroduce the ordinance.

ROLL CALL

On motion by Councilman Abbe, seconded by Councilman Mustardo, approving the introduction of Ordinance #10-06-OA re: AN ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF BERKELEY ACCEPTING DONATION OF BLOCK 429, LOTS 13- 17 FROM MARY’S HALL, INC., AN AFFILIATE OF CATHOLIC CHARITIES, DIOCESE OF BROOKLYN (to be found by title at the end of the minutes)

ROLL CALL

Council President Amato inquired if there were any additions or deletions to the Consent Agenda. On motion by Councilwoman Noonan, seconded by Councilman Mustardo, approval of Resol. #10-124-R re: Consent Agenda.

ROLL CALL

AYE: Wolff, Davis, Siddons, Noonan, Mustardo, Abbe, Amato NAY: None ABSTAIN: Davis (14), Amato (19)

1. Resol. #10-125-R re: Authorizing a Transfer of Michael J. Risk from the Manitou Park Volunteer Fire Company No. 1 to the Bayville Volunteer Fire Company No.1. 2. Resol. #10-126-R re: Denying Release of Performance Guarantee/Inspection Fee Deposits for Kerry Cove Major Subdivision, Block 1714, Lots 231 and 2316, CBTC578 3. Resol. #10-127-R re: Full Release of Maintenance Guarantees Posted for John Hill Agency, Block 1301, Lot 8, CBTC528 4. Resol. #10-128-R re: Authorizing A Full Release Of Performance Guarantees Posted For Jersey Rents, Block 837, Lot 2; 252 Route 9, CBTC544 5. Resol. #10-129-R re: Red Cross Hometown Hero - Don Marshall 6. Resol. #10-130-R re: Declaring March – Census Month 7. Resol. #10-131-R re: Confirming the Details of the Sale of General Obligation Bonds, Series 2010A in the Aggregate Principal Amount of $250,000 and General Obligation Bonds, Series 2010B in the Aggregate Principal Amount of $755,700 of the Township of Berkeley, in the County of Ocean, State of New Jersey to the New Jersey Environmental Infrastructure Trust and the State of New Jersey Pursuant to the 2009/2010 New Jersey Environmental Infrastructure Trust Financing Program 8. Resol. #10-132-R re: Hazardous Discharge Site Remediation Fund 9. Resol. #10-133-R re: Opposing Senate Bill 82 10. Resol. #10-134-R re: Award of Contract Animal Control Van 11. Resol. #10-135-R re: Cancellation of Certain Tax Sale Liens 12. Resol. #10-136-R re: Recommending the New Jersey State Legislature Enact a Bill to Phase in Municipal Property Tax Revaluations to be Phased in Over a Five (5) Year Period 13. Resol. #10-137-R re: Supporting Assembly Bill A1302 Establishing a Homestead School Property Tax Reimbursement Act 14. Resol. #10-138-R re: Urging Adoption of Assembly Bill 1132 Providing a Veterans Property Tax Deduction to Cold War Veterans 15. Resol. #10-139-R re: Urging the New Jersey Turnpike Authority to Reimburse Berkeley Township for Unforeseen Flooding Problems 16. Resol. #10-140-R re: Picnic Approvals Italian American National Hall of Fame Monson Family March 9, 2010

Gamblers Anonymous Polish American Club of Toms River Berkeley Township Underwater Search & Rescue 17. Resol. #10-141-R re: March 23rd Meeting Date Changed to Monday, March 22, 2010 18. Resol. #10-142-R re: Extending Resolution #10-120a-R to March 24, 2010 Appointments for Professional Services 19. Resol. #10-143-R re: Endorsing the Ocean County Board of Chosen Freeholders Barnegat Branch Rail Trail Project.

Council President announced that the meeting is now open for public comments.

Howard Hoffman, 387 Bayview Avenue, inquired about Korman Road and Route 9 and objected to the exit from Shop Rite behind McDonalds. Dave Roberts, Township Planner, advised of meetings with NJDOT that are ongoing with changes for that area.

On motion by Councilman Mustardo, seconded by Councilman Abbe, to close the public comments portion and adjourn the meeting.

ROLL CALL

Following are the Ordinances and Resolutions adopted by the Township Council and made a part of this meeting.

Beverly M. Carle Township Clerk

Carmen F. Amato, Jr. Council President