“GOD BLESS AMERICA”

REGULAR MEETING

DECEMBER 3, 2012 A Regular Meeting of the Mayor and Council of the Borough of Belmar on the above date at 6:00 PM in the Municipal Complex, 601 Main Street. PRESENT: Mayor Doherty, Councilman Bean, Councilwoman Deicke, Councilwoman Nicolay, Councilman

Magovern, Michael DuPont Esq., Acting Administrator Colleen Connolly, and Borough Clerk April Claudio

Adequate notice of this meeting has been provided to The Coast Star, the official newspaper of the Borough of Belmar, and the Asbury Park Press on November 20, 2012 notice of this meeting was prominently posted on the bulletin board of the Municipal Building and filed with the Clerk of the Borough of Belmar. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE: Our Troops & their families SPECIAL RESOLUTIONS:

• Gladys Meccia • Pete Sykes & the Belmar Fire Department • Joe Davidson & 10th Avenue Freeze Out Fundraiser

POWERPOINT PRESENTATION: Boardwalk re-construction plan WORKSHOP DISCUSSIONS:

• Zoning Board of Adjustment suggestions memo PETITIONS: APPROVAL OF MINUTES: REPORTS OF MAYOR AND COUNCIL: PUBLIC SESSION: Public Session on resolutions only on the Agenda. We will continue to have a Public Session at the end of this meeting. RESOLUTIONS

• RESOLUTION AUTHORIZING PAYMENT OF BILLS CONSENT AGENDA: All matters listed in the Consent Agenda are considered to be routine by the Borough Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

• RESOLUTION AMENDING THE CAPITAL BUDGET

• RESOLUTION MAKING AN APPOINTMENT TO THE BELMAR HOUSING AUTHORITY

• RESOLUTION APPROVING DRIVERS OF FIRE APPARATUS FOR VOLUNTEER HOOK & LADDER FOR 2012

• RESOLUTION AUTHORIZING REFUNDS

• RESOLUTION MODIFING ALL LEASES FOR BEACHFRONT CONCESSIONS

• RESOLUTION MAKING FINDINGS AND DETERMINATIONS ON LEGALIZED GAMES OF CHANCE APPLICATION NUMBER 2012-26

• RESOLUTION AUTHORIZING THE RECEIPT OF BIDS FOR THE LIBRARY ELEVATOR

• RESOLUTION AUTHORIZING THE RECEIPT OF BIDS FOR THE CONSTRUCTION OF

ENTRANCE STAIRS FOR THE LIBRARY

• RESOLUTION AUTHORIZING THE RECEIPT OF BIDS FOR ELECTRICAL SERVICES IN THE BELMAR MARINA

• RESOLUTION AUTHORIZING THE APPLICATION OF A NATIONAL ENDOWMENT FOR THE ARTS GRANT

ORDINANCES: Second Reading & Public Hearing: ORDINANCE 2012-15 BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF THE BOARDWALK AND BEACHFRONT IN AND BY THE BOROUGH OF BELMAR, IN THE COUNTY OF MONMOUTH, NEW JERSEY, APPROPRIATING $20,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $20,000,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING THE COST THEREOF. ORDINANCE 2012-16 BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO THE 13TH AVENUE WATER AND SEWER MAINS IN AND BY THE BOROUGH OF BELMAR, IN THE COUNTY OF MONMOUTH, NEW JERSEY, APPROPRIATING $2,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,000,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING THE COST THEREOF. ORDINANCE 2012-17 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER XL DEVELOPMENT REGULATIONS OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BELMAR, IN THE COUNTY OF MONMOUTH, NEW JERSEY PUBLIC SESSION: ADJOURNMENT

HONORING ASSISTANT FIRE CHIEF PETE SYKES AND THE BELMAR FIRE DEPARTMENT

WHEREAS, on October 24, 2012 the Borough of Belmar was made aware of the potential landfall of Hurricane Sandy and commenced storm preparations to secure the safety of residents and property; Pete Sykes, Assistant Chief of the Belmar Fire Department and Chief of Goodwill Fire Company directed preparation for the storm ensuring that the Fire Departments would be fully staffed and at the ready for the oncoming emergency; and

WHEREAS, on October 28, 2012, with Hurricane Sandy’s landfall now certain, a state of emergency and mandatory evacuation was called for the Borough of Belmar; and

WHEREAS, on October 29, 2012, Hurricane Sandy made landfall bringing the Atlantic Ocean into the streets of Belmar; flooding homes, destroying the boardwalk and ocean front properties, placing residents in peril, and leaving the entire town in darkness; and

WHEREAS, on October 29, 2012 in the midst of the hurricane, the Belmar Fire Department responded to an active fire at Belmar’s Senior Building, extinguished the fire, and safely coordinated the evacuation of the residents without injury; and

WHEREAS, in the hours and days following landfall, Assistant Chief Pete Sykes and the Belmar Fire Department responded to hundreds of calls for gas leaks, CO and Fire Alarums and structural integrity investigations, repeatedly and tirelessly responding to residents life safety concerns; and

WHEREAS, on November 4, 2012 as limited power was restored to the Borough, the Belmar Fire Department responded to an active fire at a residence on the 100 block of 7th Avenue; extinguishing the fire without injury or loss of life; and

WHEREAS, on November 7, 2012 the Belmar Fire Department responded to an active fire at the 1600 block of Main Street in Lake Como, extinguishing the fire without injury or loss of life. NOW, THEREFORE, BE IT RESOLVED, that the Borough of Belmar recognizes Assistant Chief Pete Sykes and the men and women of the Belmar Fire Department for exemplary and honorable performance in the preparation for and response to the devastation of Hurricane Sandy;

BE IT FURTHER RESOLVED, that the Mayor and Council of the Borough Belmar would like to extend on behalf of Belmar residents the deepest of gratitude for the heroic actions taken to save lives in the wake of the storm.

HONORING GLADYS MECCIA ON HER 90TH BIRTHDAY

WHEREAS, Gladys was born on the 30th day of November 1922 in Newark, NJ, to Bessie and Edward Beckert, and is one of four children, and WHEREAS, Gladys married Carmine D. Meccia on November 20, 1949 and together they have two daughters: Christine Meccia Wawer and Michele Meccia Liska, four grandchildren and one great grandson, and WHEREAS, Gladys and Carmine summered at their 300 Ninth Avenue home since 1949 before becoming a permanent resident in 1990, and WHEREAS, Gladys and her entire family have spent every summer of their lives enjoying the Ninth Avenue Beach, and WHEREAS, Gladys has been an active member of the Belmar Woman’s Club, the St. Rose Rosary Society and the Belmar Shade Tree Commission, and WHEREAS, Gladys is about to celebrate her 90th Birthday and should be honored for her love and commitment to her family and the Borough of Belmar. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council and all of the residents of Belmar, that Gladys be congratulated on her 90th Birthday. May God continue to bless Gladys for many years to come.

JOE DAVIDSON & THE 10TH AVENUE FREEZE OUT

WHEREAS, On Saturday November 24, 2012 the Borough of Belmar was recovering from the devastation leveled upon us by Superstorm Sandy; residents were returning to their homes and businesses were reopening after several weeks of closures due to loss of power and flooding; and

WHEREAS, On Saturday November 24, 2012 Joe Davidson, after weeks of preparation and a passionate and effective social media campaign, launched 10th Avenue Freeze Out; a Borough wide fundraiser and community event to benefit the rebuilding of Belmar; and

WHEREAS, The 10th Avenue Freeze Out event focused on returning activity, energy and business back to Belmar with participating pubs and restaurants including Nicchio, Connolly Station, Jack’s Tavern, Boat House, 507 Main Street, Bar Anticipation, McCann’s, Paul’s Tavern and PK Shamrocks; and

WHEREAS, Joe Davidson coordinated the whole of this event effort and ensured that over 25 bands were engaged to participate in the event, bringing energy and music back into Belmar; and

WHEREAS, Joe Davidson and the 10th Avenue Freeze Out fundraiser brought thousands of supporters into Belmar, giving all a wonderful way to contribute to the rebuilding of Belmar and a very much needed morale boost to Borough businesses; and

WHEREAS, Joe Davidson and the 10th Avenue Freeze Out fundraiser have made a substantial and lasting contribution to Belmar’s recovery from Superstorm Sandy, ensuring that our recovery effort fails not to remember the importance of having fun and lifting spirits. NOW, THEREFORE, BE IT RESOLVED, that the Borough of Belmar recognizes Joe Davidson and 10th Avenue Freeze Out for the excellent coordination and execution of this generous and much needed fundraiser.

BE IT FURTHER RESOLVED, that Mayor Matt Doherty and the members of the council extend on behalf of Belmar residents the deepest of gratitude to Joe Davidson and the 10th Avenue Freeze Out fundraiser for the generous contributions and donations made to assist Belmar rebuild in the wake of the storm.

RESOLUTION NO. 2012-

RESOLUTION AUTHORIZING THE ADVERTISING FOR SEALED BIDS FOR ELECTRICAL SERVICES IN THE BELMAR MARINA

BE IT RESOLVED by the Mayor and Council of the Borough of Belmar, County of Monmouth, State of New Jersey, that the Borough Clerk be and is hereby authorized to advertise for sealed bids for electrical services in the Belmar Marina. Bids will be returnable before the Business Administrator in accordance with the terms, conditions and specification of the Notice to Bidders and Standard Proposal Form.

BE IT FURTHER RESOLVED that the Administrator report, in writing, as to the detail of the bidding to the Borough Council at its first meeting held after the receipt of bids. offered the above resolution and moved its adoption. Seconded by Council member and adopted by the following vote on roll call: Council members: AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mr. Magovern Mr. Bean Mrs. Nicolay Mayor Doherty Adopted:

Resolution #2012-______

BOROUGH OF BELMAR

CAPITAL BUDGET AMENDMENT NO. 1

WHEREAS, the local capital budget for the year 2012 was adopted on the 17th of May, 2012, and,

WHEREAS, it is desired to amend said 2012 capital budget section.

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Belmar, County of Monmouth that the following amendment to the adopted section of the Budget be made:

1st 2nd AYES NAYS ABSENT ABSTAIN

Brian Magovern

Claire Deicke

Jennifer Nicolay

James Bean

Mathew J. Doherty

CAPITAL BUDGET (Current Year Action)

2012

1 2 3 4 PLANNED FUNDING SOURCES FOR CURRENT YEAR - 2012 6

AMOUNTS 5a 5b 5c 5d 5e TO BE

ESTIMATED RESERVED 2012 CAPITAL GRANTS IN FUNDED IN

PROJECT TOTAL IN PRIOR BUDGET IMPROVEMENT CAPITAL AID AND DEBT FUTURE

PROJECT TITLE NUMBER COST YEARS APPROPRIATIONS FUND SURPLUS OTHER FUNDS AUTHORIZED YEARS

[FEMA - memo only]

Reconstruction of Boardwalk and Beachfront (Superstorm Sandy) B-4 20,000,000.00 15,000,000.00 20,000,000.00

[FEMA - memo only]

Improvements to 13th Ave Water & Sewer Mains (Superstorm Sandy) W/S-3 2,000,000.00 1,500,000.00 2,000,000.00

TOTALS - ALL PROJECTS 27,750,500.00 525,500.00 32,500.00 22,617,500.00 4,575,000.00

RECORDED VOTE:MOTION

The Borough annually reviews it Capital Budget and is required to project the next six years. The Borough's capital plan provides for long awaited infrastructure and park improvements as well as

BOROUGH OF BELMAR, COUNTY OF MONMOUTH, NEW JERSEY

BOROUGH OF BELMAR

CAPITAL BUDGET AMENDMENT NO. 1 (CONTINUED)

6 YEAR CAPITAL PROGRAM - 2012 - 2017

ANTICIPATED PROJECT SCHEDULE AND FUNDING REQUIREMENTS

1 2 3 4 FUNDING AMOUNTS PER BUDGET YEAR

ESTIMATED ESTIMATED

PROJECT TOTAL COMPLETION 5a 5b 5c 5d 5e 5f

PROJECT TITLE NUMBER COST TIME 2012 2013 2014 2015 2016 2017

Reconstruction of Boardwalk and Beachfront (Superstorm Sandy) B-4 20,000,000.00 2012 20,000,000.00

Improvements to 13th Ave Water & Sewer Mains (Superstorm Sandy) W/S-3 2,000,000.00 2012 2,000,000.00

TOTALS - ALL PROJECTS 27,750,500.00 24,175,500.00 1,400,000.00 2,175,000.00

BOROUGH OF BELMAR, COUNTY OF MONMOUTH, NEW JERSEY

BOROUGH OF BELMAR

CAPITAL BUDGET AMENDMENT NO. 1 (CONTINUED)

SUMMARY OF ANTICIPATED FUNDING SOURCES AND AMOUNTS

1 2 BUDGET APPROPRIATIONS 4 5 6 BONDS AND NOTES

ESTIMATED 3a 3b CAPITAL GRANTS-IN- 7a 7b 7c 7d

TOTAL CURRENT YEAR FUTURE IMPROVE- CAPITAL AID AND SELF

PROJECT TITLE COST 2012 YEARS MENT FUND SURPLUS OTHER FUNDS GENERAL LIQUIDATING ASSESSMENT SCHOOL

[FEMA - memo only]

20,000,000.00 15,000,000.00

[FEMA - memo only]

2,000,000.00 1,500,000.00

TOTALS - ALL PROJECTS 27,750,500.00 525,500.00 225,000.00 223,500.00 400,000.00 2,951,500.00 23,425,000.00

BE IT FURTHER RESOLVED that two certified copies of this resolution be filed forthwith in the office of the Director of Local Government Services.

IT IS HEREBY CERTIFIED that this is a true copy of a resolution amending the capital budget section adopted by the governing body on the 21st day of November, 2012.

CERTIFIED BY ME

TRENTON, NEW JERSEY

APPROVED _________________, 2012

Director, Local Government Services

6 YEAR CAPITAL PROGRAM - 2012 - 2017

April Claudio, Registered Municipal Clerk

For acknowledgement of receipt of Annual Debt

Statement, Supplemental Debt Statement or Capital

Budget Amendment.

Reconstruction of Boardwalk and Beachfront

(Superstorm Sandy)

Improvements to 13th Ave Water & Sewer Mains

(Superstorm Sandy)

BOROUGH OF BELMAR, COUNTY OF MONMOUTH, NEW JERSEY

RESOLUTION NO. 2012- RESOLUTION AUTHORIZING THE ADVERTISING FOR SEALED BIDS FOR

A NEW ELEVATOR IN THE BELMAR PUBLIC LIBRARY

BE IT RESOLVED by the Mayor and Council of the Borough of Belmar, County of Monmouth, State of New Jersey, that the Borough Clerk be and is hereby authorized to advertise for sealed bids for materials and construction of a new elevator in the Belmar Public Library. Bids will be returnable before the Business Administrator in accordance with the terms, conditions and specification of the Notice to Bidders and Standard Proposal Form.

BE IT FURTHER RESOLVED that the Administrator report, in writing, as to the detail of the bidding to the Borough Council at its first meeting held after the receipt of bids. offered the above resolution and moved its adoption. Seconded by Council member and adopted by the following vote on roll call: Council members: AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mr. Magovern Mr. Bean Mrs. Nicolay Mayor Doherty Adopted:

RESOLUTION NO. 2012-

RESOLUTION AUTHORIZING THE ADVERTISING FOR SEALED BIDS FOR MATERIALS AND CONSTRUCTION OF A NEW ENTRANCE STAIRCASE AT THE

BELMAR PUBLIC LIBRARY

BE IT RESOLVED by the Mayor and Council of the Borough of Belmar, County of Monmouth, State of New Jersey, that the Borough Clerk be and is hereby authorized to advertise for sealed bids for materials and construction of a new entrance staircase at the Belmar Public Library. Bids will be returnable before the Business Administrator in accordance with the terms, conditions and specification of the Notice to Bidders and Standard Proposal Form.

BE IT FURTHER RESOLVED that the Administrator report, in writing, as to the detail of the bidding to the Borough Council at its first meeting held after the receipt of bids. offered the above resolution and moved its adoption. Seconded by Council member and adopted by the following vote on roll call: Council members: AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mr. Magovern Mr. Bean Mrs. Nicolay Mayor Doherty Adopted:

RESOLUTION NO 2012-

RESOLUTION AUTHORIZING APPROVAL TO SUBMIT A GRANT APPLICATION

AND EXECUTE A GRANT CONTRACT WITH THE NATIONAL ENDOWMENT FOR THE ARTS

BE IT RESOLVED, that the Mayor and Business Administrator are hereby authorized to

submit a grant application to the National Endowment for the Arts on behalf of the Borough of Belmar in conjunction with the Belmar Arts Council.

BE IT FURTHER RESOLVED, that the Mayor and Business Administrator are hereby

authorized to sign the grant agreement on behalf of the Borough of Belmar and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. offered the above resolution and moved its adoption. Seconded by and adopted by the following vote on roll call:

AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mrs. Nicolay Mr. Magovern Mr. Bean Mayor Doherty Adopted:

RESOLUTION 2012-

RESOLUTION MAKING APPOINTMENTS TO THE BELMAR HOUSING AUTHORITY

WHEREAS, the Belmar Housing Authority hereby appoints the following:

Janis Keown-Blackburn with a term expiring July 7, 2014 James Tedesco with a term expiring December 3, 2017

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Belmar that the above appointment be and is hereby ratified and confirmed as an appointment of the Borough Council of the Borough of Belmar for the Belmar Housing Authority. offered the above resolution and moved its adoption. Seconded by Council member and adopted by the following vote on roll call:

AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mr. Magovern Mrs. Nicolay Mr. Bean Mayor Doherty Adopted:

RESOLUTION 2012-

RESOLUTION MODIFING ALL LEASES FOR BEACHFRONT CONCESSIONS

IN THE BOROUGH OF BELMAR, MONMOUTH COUNTY, NEW JERSEY

WHEREAS, certain leases currently exist between the Borough of Belmar and various vendors for Beachfront Concessions in the Borough of Belmar, Monmouth County, New Jersey; and WHEREAS, the Mayor and Borough Council of the Borough of Belmar desire to modify these leases for Beachfront Concessions in the Borough of Belmar due to the extensive damage to the beaches as a result of Hurricane Sandy; and WHEREAS, the Mayor and Borough Council of the Borough of Belmar desire to refund the deposit amount of $1,000.00 and the last two months of rent for 2012 to each vendor who will have the lease for Beachfront Concessions modified; and NOW, THEREFORE, BE IT RESOLVED by the Borough of Belmar, County of Monmouth, New Jersey that the leases for Beachfront Concessions between the Borough of Belmar and the following vendors, are hereby modified and all of the following vendors will be refunded its lease deposit of $1,000.00 and the last two months rent for 2012:

Chris Bandl – Fifth Avenue Pavilion David Marola – 8th Avenue Pavilion

Dominick Lubrano – 10th Avenue Pavilion Unit C Hilary Colandouni – 10th Avenue Pavilion Unit B Robert Fishman – 10th Avenue Pavilion Unit A

McDonalds Inc. – 13th Avenue Pavilion Council member offered the above resolution and moved its adoption. Seconded by council member and adopted by the following vote on roll call: Council Members AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mr. Magovern Mrs. Nicolay Mr. Bean Mayor Doherty Adopted:

RESOLUTION NO 2012- RESOLUTION MAKING FINDINGS AND DETERMINATIONS ON

LEGALIZED GAMES OF CHANCE APPLICATION NUMBER 2012-26

WHEREAS, the Borough Council has received from the Chief of Police a written report for the following named applicant for Legalized Games of Chance. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Belmar that it is their Findings and Determinations that the following has qualified for the Raffle License:

APPLICANT NUMBER PREMISES DATE TIME Goodwill Hose Co

2012-26 610 7th Avenue 1/1/13 Noon – 6:00 pm

BE IT FURTHER RESOLVED that said licenses are granted and the Clerk of the Borough of Belmar is authorized to issue said licenses upon the payment of required fee, and the Borough Clerk is authorized to file Findings and Determinations Form LGCC5A with the Legalized Games of Chance Commission as the verifying official. offered the above resolution and moved its adoption. Seconded by Council member and adopted by the following vote on roll call: Council members: AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mr. Magovern Mr. Bean Mrs. Nicolay Mayor Doherty Adopted:

RESOLUTION NO 2012-

RESOLUTION AUTHORIZING REFUNDS BE IT RESOLVED, by the Mayor and Borough Council on this 3rd day of December, 2012 that the following refunds are hereby authorized upon certification by the Chief Financial Officer to the following: Name Type Amount Scott & Randi Weintraub Tax Overpayment $6452.15 212 Kuhl Road Block 12 Lot 27 Flemington, NJ 08822 offered the above resolution and moved its adoption. Seconded by Council member and adopted by the following vote on roll call:

Council members: AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mr. Magovern Mrs. Nicolay Mr. Bean Mayor Doherty Adopted:

RESOLUTION NO. 2012-

RESOLUTION APPROVING DRIVERS OF FIRE APPARATUS FOR VOLUNTEER HOOK & LADDER FOR 2012

WHEREAS, Gary Young, Secretary of Volunteer Hook & Ladder has advised the

Borough Council that the following men have been approved as drivers or operators of fire apparatus for the year 2012:

87-2-86: Joseph Tompey Jeffrey Kniffen

WHEREAS, the aforesaid drivers or operators have been certified to and approved as competent by the Fire Chief.

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Belmar that the action of the Volunteer Hook & Ladder Co. in appointing the aforesaid drivers or operators be and the same are confirmed and approved and the persons so appointed be confirmed in their respective positions.

BE IT FURTHER RESOLVED that the above named drivers be authorized to drive or operate either vehicle in the event of any emergency fire call. offered the above resolution and moved its adoption. Seconded by Council member and adopted by the following vote on roll call:

Council members: AYES NAYS ABSTAIN ABSENT Mrs. Deicke Mr. Magovern Mrs. Nicolay Mr. Bean Mayor Doherty Adopted:

ORDINANCE 2012-15

BOND ORDINANCE PROVIDING FOR THE

RECONSTRUCTION OF THE BOARDWALK AND

BEACHFRONT IN AND BY THE BOROUGH OF BELMAR, IN

THE COUNTY OF MONMOUTH, NEW JERSEY,

APPROPRIATING $20,000,000 THEREFOR AND

AUTHORIZING THE ISSUANCE OF $20,000,000 BONDS OR

NOTES OF THE BOROUGH FOR FINANCING THE COST

THEREOF.

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF

BELMAR, IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two-thirds of all

members thereof affirmatively concurring) AS FOLLOWS:

Section 1. The improvement described in Section 3 of this bond ordinance is hereby

authorized to be undertaken by the Borough of Belmar, in the County of Monmouth, New Jersey

(the "Borough"). For the improvement or purpose described in Section 3, there is hereby

appropriated the sum of $20,000,000. No down payment is required as the purpose authorized

herein is deemed self-liquidating and the obligations authorized herein are deductible from the

gross debt of the Borough, as more fully explained in Section 6(e) of this bond ordinance.

Section 2. In order to finance the cost of the improvement or purpose, negotiable

bonds are hereby authorized to be issued in the principal amount of $20,000,000 pursuant to the

Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes

are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local

Bond Law.

Section 3. (a) The improvement hereby authorized and the purpose for the

financing of which the bonds are to be issued is the reconstruction of the boardwalk and

beachfront, including all preparation, clearing and related work and materials necessary therefor

and incidental thereto.

(b) The estimated maximum amount of bonds or notes to be issued for the

improvement or purpose is as stated in Section 2 hereof.

(c) The estimated cost of the improvement or purpose is equal to the amount of the

appropriation herein made therefor.

Section 4. All bond anticipation notes issued hereunder shall mature at such times as

may be determined by the chief financial officer; provided that no note shall mature later than

one year from its date. The notes shall bear interest at such rate or rates and be in such form as

may be determined by the chief financial officer. The chief financial officer shall determine all

matters in connection with notes issued pursuant to this bond ordinance, and the chief financial

officer's signature upon the notes shall be conclusive evidence as to all such determinations. All

notes issued hereunder may be renewed from time to time subject to the provisions of the Local

Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from

time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of

payment of the purchase price plus accrued interest from their dates to the date of delivery

thereof. The chief financial officer is directed to report in writing to the governing body at the

meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond

ordinance is made. Such report must include the amount, the description, the interest rate and the

maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5. The Borough hereby certifies that it has adopted a capital budget or a

temporary capital budget, as applicable. The capital or temporary capital budget of the Borough

is hereby amended to conform with the provisions of this bond ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has

been filed with the Division of Local Government Services.

Section 6. The following additional matters are hereby determined, declared, recited

and stated:

(a) The improvement or purpose described in Section 3 of this bond ordinance is not

a current expense. It is an improvement or purpose that the Borough may lawfully undertake as

a self-liquidating purpose of a municipal public utility. No part of the cost thereof has been or

shall be specially assessed on property specially benefitted thereby.

(b) The period of usefulness of the improvement or purpose within the limitations of

the Local Bond Law, according to the reasonable life thereof computed from the date of the

bonds authorized by this bond ordinance, is 15 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly

prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been

filed in the office of the Director of the Division of Local Government Services in the

Department of Community Affairs of the State of New Jersey. Such statement shows that the

gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of

the bonds and notes provided in this bond ordinance by $20,000,000, but that the net debt of the

Borough determined as provided in the Local Bond Law is not increased by this bond ordinance.

The obligations authorized herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $2,000,000 for items of expense listed in and

permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the

purpose or improvement.

(e) This bond ordinance authorizes obligations of the Borough solely for purposes

described in N.J.S.A. 40A:2-7(h). The obligations authorized herein are to be issued for a

purpose that is deemed to be self-liquidating pursuant to N.J.S.A. 40A:2-47(a) and are deductible

from gross debt pursuant to N.J.S.A. 40A:2-44(c).

(f) The improvement or purpose authorized by this bond ordinance was originally

authorized by emergency appropriation resolution in the amount of $3,000,000, duly adopted on

November 21, 2012. Provision for paying, funding or refunding such emergency appropriation

is being made pursuant to this bond ordinance.

Section 7. The Borough hereby declares the intent of the Borough to issue the bonds

or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to

use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section

3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for

purposes of Treasury Regulations §1.150-2 or any successor provisions of federal income tax

law.

Section 8. Any grant moneys received for the purpose described in Section 3 hereof

shall be applied either to direct payment of the cost of the improvement or to payment of the

obligations issued pursuant to this bond ordinance. The amount of obligations authorized but not

issued hereunder shall be reduced to the extent that such funds are so used.

Section 9. The chief financial officer of the Borough is hereby authorized to prepare

and to update from time to time as necessary a financial disclosure document to be distributed in

connection with the sale of obligations of the Borough and to execute such disclosure document

on behalf of the Borough. The chief financial officer is further authorized to enter into the

appropriate undertaking to provide secondary market disclosure on behalf of the Borough

pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the

benefit of holders and beneficial owners of obligations of the Borough and to amend such

undertaking from time to time in connection with any change in law, or interpretation thereof,

provided such undertaking is and continues to be, in the opinion of a nationally recognized bond

counsel, consistent with the requirements of the Rule. In the event that the Borough fails to

comply with its undertaking, the Borough shall not be liable for any monetary damages, and the

remedy shall be limited to specific performance of the undertaking.

Section 10. The full faith and credit of the Borough are hereby pledged to the punctual

payment of the principal of and the interest on the obligations authorized by this bond ordinance.

The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be

obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the

payment of the obligations and the interest thereon without limitation of rate or amount.

Section 11. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Bond Law.

ORDINANCE 2012-16

BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO

THE 13TH AVENUE WATER AND SEWER MAINS IN AND

BY THE BOROUGH OF BELMAR, IN THE COUNTY OF

MONMOUTH, NEW JERSEY, APPROPRIATING $2,000,000

THEREFOR AND AUTHORIZING THE ISSUANCE OF

$2,000,000 BONDS OR NOTES OF THE BOROUGH FOR

FINANCING THE COST THEREOF.

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF

BELMAR, IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two-thirds of all

members thereof affirmatively concurring) AS FOLLOWS:

Section 1. The improvement described in Section 3 of this bond ordinance is hereby

authorized to be undertaken by the Borough of Belmar, in the County of Monmouth, New Jersey

(the "Borough"). For the improvement or purpose described in Section 3, there is hereby

appropriated the sum of $2,000,000. No down payment is required as the purpose authorized

herein is deemed self-liquidating and the obligations authorized herein are deductible from the

gross debt of the Borough, as more fully explained in Section 6(e) of this bond ordinance.

Section 2. In order to finance the cost of the improvement or purpose, negotiable

bonds are hereby authorized to be issued in the principal amount of $2,000,000 pursuant to the

Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes

are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local

Bond Law.

Section 3. (a) The improvement hereby authorized and the purpose for the

financing of which the bonds are to be issued is the repair and/or replacement of water and sewer

mains on 13th Avenue and related water and sewer system improvements, including all work and

materials necessary therefor and incidental thereto.

(b) The estimated maximum amount of bonds or notes to be issued for the

improvement or purpose is as stated in Section 2 hereof.

(c) The estimated cost of the improvement or purpose is equal to the amount of the

appropriation herein made therefor.

Section 4. All bond anticipation notes issued hereunder shall mature at such times as

may be determined by the chief financial officer; provided that no note shall mature later than

one year from its date. The notes shall bear interest at such rate or rates and be in such form as

may be determined by the chief financial officer. The chief financial officer shall determine all

matters in connection with notes issued pursuant to this bond ordinance, and the chief financial

officer's signature upon the notes shall be conclusive evidence as to all such determinations. All

notes issued hereunder may be renewed from time to time subject to the provisions of the Local

Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from

time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of

payment of the purchase price plus accrued interest from their dates to the date of delivery

thereof. The chief financial officer is directed to report in writing to the governing body at the

meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond

ordinance is made. Such report must include the amount, the description, the interest rate and the

maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5. The Borough hereby certifies that it has adopted a capital budget or a

temporary capital budget, as applicable. The capital or temporary capital budget of the Borough

is hereby amended to conform with the provisions of this bond ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has

been filed with the Division of Local Government Services.

Section 6. The following additional matters are hereby determined, declared, recited

and stated:

(a) The improvement or purpose described in Section 3 of this bond ordinance is not

a current expense. It is an improvement or purpose that the Borough may lawfully undertake as

a self-liquidating purpose of a municipal public utility. No part of the cost thereof has been or

shall be specially assessed on property specially benefitted thereby.

(b) The period of usefulness of the improvement or purpose within the limitations of

the Local Bond Law, according to the reasonable life thereof computed from the date of the

bonds authorized by this bond ordinance, is 40 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly

prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been

filed in the office of the Director of the Division of Local Government Services in the

Department of Community Affairs of the State of New Jersey. Such statement shows that the

gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of

the bonds and notes provided in this bond ordinance by $2,000,000, but that the net debt of the

Borough determined as provided in the Local Bond Law is not increased by this bond ordinance.

The obligations authorized herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $500,000 for items of expense listed in and

permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the

purpose or improvement.

(e) This bond ordinance authorizes obligations of the Borough solely for purposes

described in N.J.S.A. 40A:2-7(h). The obligations authorized herein are to be issued for a

purpose that is deemed to be self-liquidating pursuant to N.J.S.A. 40A:2-47(a) and are deductible

from gross debt pursuant to N.J.S.A. 40A:2-44(c).

(f) The improvement or purpose authorized by this bond ordinance was originally

authorized by emergency appropriation resolution duly adopted on November 21, 2012.

Provision for paying, funding or refunding such emergency appropriation is being made pursuant

to this bond ordinance.

Section 7. The Borough hereby declares the intent of the Borough to issue the bonds

or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to

use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section

3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for

purposes of Treasury Regulations §1.150-2 or any successor provisions of federal income tax

law.

Section 8. Any grant moneys received for the purpose described in Section 3 hereof

shall be applied either to direct payment of the cost of the improvement or to payment of the

obligations issued pursuant to this bond ordinance. The amount of obligations authorized but not

issued hereunder shall be reduced to the extent that such funds are so used.

Section 9. The chief financial officer of the Borough is hereby authorized to prepare

and to update from time to time as necessary a financial disclosure document to be distributed in

connection with the sale of obligations of the Borough and to execute such disclosure document

on behalf of the Borough. The chief financial officer is further authorized to enter into the

appropriate undertaking to provide secondary market disclosure on behalf of the Borough

pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the

benefit of holders and beneficial owners of obligations of the Borough and to amend such

undertaking from time to time in connection with any change in law, or interpretation thereof,

provided such undertaking is and continues to be, in the opinion of a nationally recognized bond

counsel, consistent with the requirements of the Rule. In the event that the Borough fails to

comply with its undertaking, the Borough shall not be liable for any monetary damages, and the

remedy shall be limited to specific performance of the undertaking.

Section 10. The full faith and credit of the Borough are hereby pledged to the punctual

payment of the principal of and the interest on the obligations authorized by this bond ordinance.

The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be

obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the

payment of the obligations and the interest thereon without limitation of rate or amount.

Section 11. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Bond Law.

ORDINANCE NO. 2012-17

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER XL DEVELOPMENT REGULATIONS OF THE REVISED GENERAL ORDINANCES OF THE

BOROUGH OF BELMAR, IN THE COUNTY OF MONMOUTH, NEW JERSEY

WHEREAS, the Borough of Belmar wishes to amend sections of the Ordinance to allow for streamlining of approvals for redevelopment and rehabilitation of structures in the Borough of Belmar resulting from devastation of Hurricane Sandy upon the Borough of Belmar; NOW, THEREFORE, BE IT ORDAINED by the Borough of Belmar, County of Monmouth, New Jersey that Chapter XL, Development Regulations of the Borough of Belmar, Revised General Ordinance is hereby amended and supplemented as follows:

SECTION I. Article 2, Definitions, Section 2.4 Exempt Development, shall be amended to provide as follows:

a. Construction, additions, or alterations related to single family or two-family detached dwellings or their accessory structures on individual lots. b. Any change in occupancy which is not a “Change in Use” (as herein defined). c. Individual applications for accessory mechanical or electrical equipment, whose operation and location conforms to the design and performance standards of this chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required. d. Sign(s) which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required and provided such sign(s) conform to the applicable design and zoning district regulations of this chapter. e. Construction or installation of essential services. f. Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of “Subdivision” contained within this Article. g. Demolition of any structure or building not listed on the State or National Register of Historic Places or identified as a historic site on the Master Plan, provided that the demolition does not involve changes to the site outside the limits of the structure or building nor does it create any nonconformity.

1h. The redevelopment and/or reconstruction of any structure in existence at the time of the Declaration of a State of Emergency due to Hurricane Sandy on October 28, 2012 which suffered damage resulting from the affects of Hurricane Sandy, upon application to, and approval from, the Site Plan Advisory Board in accordance with the procedures set forth as Section 7.3(e) and Section 3.1(o).

SECTION II. Article 3, Administration, Section 3.1 Planning Board, subsection (o) Site Plan Review Advisory Board shall be amended to provide as follows:

1 Language in italics (thus) shall be added; language struck (thus) shall be deleted.

(o) Site Plan Advisory Review Board. Pursuant to N.J.S.A. 40:55D-39, the chairperson of the Planning Board may appoint a Site Plan Review Advisory Board. The Site Plan Committee shall consist of at least two (2) Board members along with technical and other staff members such as the municipal planner and/or engineer as deemed appropriate. The purpose of the Site Plan Committee is to review, comment, and make recommendations with respect to site plan applications, and to perform other duties conferred on this Committee by the Board through a motion duly adopted and recorded. The Site Plan Advisory Board shall have authority in accordance with Section 2.4 applicable to Exempt Development and Section 7.3(e) to approve an application for development for any structure in existence at the time of the Declaration of a State of Emergency on October 28, 201, which suffered damage resulting from the effects of Hurricane Sandy, for redevelopment and/or reconstruction, provided that such redevelopment and/or reconstruction shall be limited to the extent of the previous development and/or nonconformity. In reviewing applications, the Site Plan Advisory Board shall be permitted to grant relief set forth within Section 3.1(9) and Sections 3.2(f)(1), 3.2(j)(1), (c), and (d). Relief granted under this provision shall expire by limitation unless construction or alterations have been actually commenced on each and every structure approved within twelve (12) months from the date of entry of the decision of approval.

SECTION III. Section 7.3(e), as follows:

(e) Restoration of a Nonconforming Structure. Any nonconforming structure partially destroyed may be restored or repaired, but only to the extent of the previous nonconformity. If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored or repaired, except as otherwise provided in this chapter. Destruction of a structure to the extent that only major components of the original structure utilized in the building are the foundation or exterior walls; or destruction to the extent that rebuilding, repair or restoration requires removal of portions of the structures such as to leave only the foundation or the exterior walls prior to restoration, shall be prima facie evidence that the structure has been more than partially destroyed. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the construction official provided such strengthening or restoration does not result in restoration of a use which was substantially, or totally, destroyed. For purposes of this section, in determine whether or not a structure is “partially destroyed” the building official may consider, though not be bound by, evidence of such destruction or damage by reason of windstorm, fire, explosion, or other act of God or other public enemy to an extent of less than seventy-five (75%) percent of the recorded true value of as appraised in the records of the tax assessor. In the event of a dispute as to the determination of true value of such destruction and damage and replacement of the same, the building official, together with two (2) independent, competent appraisers, one (1) selected by the claimant and one (1) selected by the Planning Board, shall determine such value, which shall be final and binding upon the claimant. The cost of such appraisal shall be paid for by the claimant. Nothing within this chapter applicable to development within the MF-1 and MF-2 zone(s) existing as of January of 2000, shall prevent the reconstruction of a nonconforming multi-family building of ten (10) units or more destroyed by

reason of windstorm, fire, explosion or other Act of God or other public enemy, provided however that reconstruction shall be limited to the extent of the previous nonconformity and upon site plan approval by the Planning Board. Nothing in this Chapter applicable to the development of structures existing prior to the Declaration of a State of Emergency by Governor Christie, in accordance with Executive Order No. 104 on October 28, 2012, shall prevent the restoration of a nonconforming use and/or structure, inclusive of development on undersized lots, destroyed by reason of wind, fire, water incursion, exposure or other act of God, or other public enemy, resulting from Hurricane Sandy, provided that reconstruction shall be limited to the extent of the previous nonconformity and upon approval by the Site Plan Advisory Board in accordance with Section 3.1(o). Appeal of relief granted. Any interested party may appeal to the governing body any final decision of the Site Plan Review Advisory Board approving an application for development under this Ordinance. The appeal should be made employing the procedures set forth within N.J.S.A. 40:55D-17.

SECTION V. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudicated and the remainder of the Ordinance shall be deemed valid and effective. SECTION VI. All Ordinances or parts of ordinances inconsistent with or in conflict with the ordinance are hereby repealed to the extent of such inconsistency. SECTION VII. This Ordinance shall take effect 20 days after final passage, adoptions and publication according to law.

STATEMENT OF ORDINANCE This Ordinance seeks to streamline the procedures for Borough of Belmar residents to reconstruct and redevelop their properties destroyed as a result of Hurricane Sandy.