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BOROUGH OF LAVALLETTE
CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL
LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS
Monday, July 6, 2009 – 7:00 pm
CALL TO ORDER: Mayor Walter G. LaCicero, presiding
ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone
Also present: Christopher F. Parlow, Borough Administrator/Municipal Clerk
Philip George, Borough Attorney
Donnelly Amico, Deputy Municipal Clerk
READING OF THE OPEN PUBLIC MEETINGS ACT STATEMENT: Notice of this meeting complies with the Open Public Meetings Act. Public Notice was given to the Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board.
MOMENT OF SILENCE:
PLEDGE OF ALLEGIANCE:
MAYOR’S WELCOMING STATEMENT:
COMMENTS FROM PUBLIC (Items not listed on agenda / not staying for remainder of meeting)
APPROVAL OF CLERK’S MINUTES
Regular Minutes of June 15, 2009
Motion to Adopt the Minutes: Second: Vote:
REPORTS:
a) Police Report for May & June-Councilwoman Filippone
b) Planning Board Report for June-Councilwoman Filippone
c) Zoning Report for June-Councilwoman Filippone
d) Construction Office Report for June-Councilwoman Filippone
e) Animal Control Report for June-Councilwoman Filippone
f) Municipal Court Report for May & June-Councilwoman Filippone
g) Public Affairs Report for June-Council President Zalom
h) Beach Badge Sales for June-Councilman Lamb
i) Public Works Report for 2nd Quarter 2009-Councilwoman Wenzel
j) Tax Account Status Report for June-Tax Collector
k) Revenue Transaction Report for April-Chief Financial Officer
Motion to Approve Reports: Second: Vote
PUBLIC COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS:
RESOLUTIONS – ON CONSENT:
2009-180 authorizing the adoption of the Police and Firemen’s Insurance Association Program
2009-181 appointing Christopher DiBerardino as a seasonal Public Works Laborer at an
hourly rate of $10.00 for the 2009 summer season
2009-182 supporting the over the limit under arrest 2009 statewide crackdown
2009-183 appointing Erin Lynch and Benjamin Blanchfield as 2009 beach badge checkers at an hourly rate of $8.00
2009-184 appointing Chief Colin Grant to a three year term as Emergency Management Coordinator
2009-185 appointing Tim Mancuso as a 2009 Summer Lifeguard at an hourly rate of $9.00
2009-186 approving an hourly rate change for a 2009 summer lifeguard from $9.00 to $8.75
2009-187 authorize the execution of an addendum to the contract with Earle Asphalt Company, Inc. for the road improvements to Kerr Avenue
Motion to Approve the Consent Agenda: Second: Vote
RESOLUTIONS-OFF CONSENT:
APPROVAL OF VOUCHERS:
2009-188 Bills List in the amount of $1,225,724.72
Motion to Approve the Bills List: Second: Vote:
ADOPTION OF THE 2009 MUNICIPAL BUDGET:
Resolution Number 2009-152
A Motion is needed by Councilwoman Filippone to un-table the Adoption of the Budget. The Motion needs to be seconded by Council President Zalom. Vote:
A Motion was made by Councilwoman Wenzel at the June 15, 2009 meeting to adopt the 2009 Municipal Budget, Resolution 2009-152. The Motion was seconded by Council President Zalom. Vote:
ORDINANCES ON FOR FINAL ADOPTION/SECOND READING:
Ordinance No 2009-10 (1063) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING CHAPTER 89 OF THE GENERAL ORDINANCES OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, ENTITLED “VEHICLES AND TRAFFIC”
Motion to Adopt Ordinance 2009-10 (1063): Second: Public Hearing: Vote
COMMUNICATIONS:
Legal:
a) Eric M. Bernstein & Assoc., LLC/Deborah J. Bracaglia, Esq./Civil Service Commission
Permanent Rule Authorizing Mandatory Furloughs/Received June 2, 2009
b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Appeal of Civil Administrative
Penalty Assessment/Received June 12, 2009
c) Eric M. Bernstein & Assoc., LLC/Philip George, Esq/Lifeguard Stand Beach Advertising
Contract/Received June 15, 2009
d) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Appeal of Civil Administrative Penalty
Assessment/Notice of Trial Date/Received June 15 2009
c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Lifeguard Stand Beach Advertising
Contract/Borough of Lavallette and Kerwin Communications/Lavallette Voters & Taxpayers
v. Borough of Lavallette/Received June 25, 2009
d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Appeal of Civil Administrative
Penalty Assessment/Received July 2, 2009
Engineering:
a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Kerr Avenue Road Improvements/Received
June 18, 2009
b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Kerr Avenue Road Improvements/Received
June 19, 2009
c) O’Donnell, Stanton & Assoc./Michael O’Donnell/2010 NJDOT Municipal Aid Program/New Brunswick Avenue Road Improvements/Received June 29, 2009
d) O’Donnell, Stanton & Assoc./Michael O’Donnell/2010 NJDOT Municipal Aid
Program/Westmont Avenue Road Improvements/Received June 29, 2009
e) O’Donnell, Stanton & Assoc./Michael O’Donnell/2010 NJDOT Bikeway Program/Route 35
Northbound & Southbound/Bikeway Markings/Received June 29, 2009
f) O’Donnell, Stanton & Assoc./Michael O’Donnell/Kerr Avenue Road Improvements/Pay
Estimate No. 3/Pay Record April 25, 2009 through June 5, 2009/Received July 1, 2009
New Jersey League of Municipalities:
a) League Mandates Update More Action More Information Needed/Received May 27, 2009
b) School Funding Formula Upheld/Health Insurance Costs to Rise/Member Plaque/Received
May 28, 2009
c) League and Health Care Institute Promote Health Care Reform/Received May 28, 2009
d) Free Help with Energy Efficiency Conservation Block Grant Applications/Received May 29,
2009
e) First of a Series of Regional COAH Briefings/Received June 1, 2009
f) New Jersey’s 345th Birthday Party/Received June 1, 2009
g) Federal Update House Energy Reform Bill Takes Shape/Received June 2, 2009
h) Proposed Towing Regulations/Received June 2, 2009
i) Age-Restricted Conversions, S-2577/A-3772/Received June 5, 2009
j) Employee Furloughs in Civil Service Jurisdictions/Received June 5, 2009
k) Sex Offender Residency Restriction Bill Advanced/Received June 8, 2009
l) Important New Information from the Division of Local Government Services/Received June 8,
2009
m) Clinics for Help with June 12 Digital Transition/Received June 8, 2009
n) Guidance on Employee Furloughs in Civil Service Jurisdiction/Received June 10, 2009
o) Stimulus Funding Application Deadlines/Byrne Justice Assistance Grants/Strengthening
Communities Fund/Received June 11, 2009
p) Catastrophic Illness in Children Relief Fund (CICRF)/Received June 16, 2009
q) Federal Stimulus Funding News/Recovery Zone Bonds/US DOE Assistance on EECBG
Applications/June 16, 2009
r) Insurance Premium Tax Advanced to Balance Uncompensated Care Fund/Received June 16,
2009
s) Appellate Division Rules Requestor Need Not Use Official OPRA Request Form/Received
June 16, 2009
t) State Budget Process/Received June 16, 2009
u) New Information from the Division of Local Government Services on Energy/Received June
16, 2009
v) Federal Stimulus Transportation Funding Announcement/Received June 17, 2009
w) S-1651/A-2238, Mandates Certain Health Benefits/Received June 17, 2009
x) Ameripay/Received June 17, 2009
y) State Budget Update/Received June 18, 2009
z) Urgent Legislative Alert/Received June 19, 2009
aa) Support for Census Outreach Available/Received June 19, 2009
bb) Availability of Grants for Green House Gas Reduction/Received June 19, 2009
cc) “Express Lane” Application for Children’s Health Insurance/Received June 22, 2009
dd) Sustainable New Jersey Grants Awarded/Received June 22, 2009
ee) Supreme Court Rules that Curbside Trash Collection by Municipality for Apartment Complex
is Not Sufficient/Received June 23, 2009
ff) Urgent Legislative Alert/Received June 23, 2009
gg) Legislative Alert/Received June 24, 2009
hh) ICLEI Releases Climate Protection Toolkit for Small Communities/Received June 24, 2009
ii) Urgent Update on Towns Applying Directly for EE/Conservation Block Grants/Received
June 24, 2009
jj) Supreme Court Rules Open Space Set Asides and Contributions Not Authorized by
MLUL/Received June 25, 2009
kk) State Budget Passed/FY ‘08/’09 Supplemental/The New Jersey Economic Stimulus Act of
2009/Bills on Governor’s Desk/Bills Passed in Assembly/Bills Passed in Senate/Received
June 26, 2009
ll) EECBG Application Deadline Extended/Received June 26, 2009
mm) State Budget Passed/June 30, 2009
General With No Action:
a) Kathy Bolger/11 Washington Avenue/thanking us for all the landscaping being done on Bay
Blvd. especially by the tennis courts and memorial gardens/Received May 12, 2009
b) Mr. & Mrs. Heim/100 Bond Avenue/thanking Chief Colin Grant and the Lavallette Police
Department for an outstanding job over the winter months/Received May 20, 2009
c) Lavallette Board of Education/Patricia Christopher, School Administrator & Secretary/thanking Mayor and Council for the donation of the weather station in their Science Classroom/Received June 2, 2009
d) Ocean County Utilities Authority/Richard M. Warren, Exec. Director/Notice of Public Hearing on Proposed 2010 Rates/Received June 2, 2009
e) Birdsall Services Group/PMK Group, Inc./Kristi Butkowski, Staff Scientist/2009 Environmental Joint Insurance Fund (EJIF) Audit/Received June 8, 2009
f) Ocean County Board of Health/Kenneth Wenrich, Acting Environmental Health Coordinator/2010 Solid Waste Control Program/Received June 15, 2009
g) County of Ocean/Arthur Burns, Supt. of Recycling Operations/May 2009 Recycling & Compost Reports/Received June 15, 2009
h) US Department of Justice/Civil Rights Division/Lisa Levine, ADA Mediation Program Officer/reporting that the ADA Violation against the Borough of Lavallette has been referred to the Investigations Unit to determine further action/Received June 15, 2009
i) New Jersey American Water/Suzana Loncar/IMO Petition of NJ American Water Company, Inc. To Change the Levels of its Purchased Water Adjustment Clause and Purchased Wastewater (Sewerage) Treatment Adjustment Clause/Received June 19, 2009
j) US Senator Robert Menendez/United State’s Environmental Protection Agency’s “Climate Showcase Communities” grant program for the establishment and implementation of replicable climate change models that will help reduce greenhouse gas emissions/Received June 22, 2009
k) Ocean County Library/June Schneider, Branch Manager/thanking the Mayor and Council for their ongoing support and for the use of the sound system/Received June 22, 2009
l) Project TNR(Trap-Neuter-Return)/Michelle Lerner, Policy Specialist/Received June 23, 2009
m) Cablevision/Adam E. Falk, Vice President/Launch of 3 Standard Definition and 27 HD Channels/Received June 24, 2009
n) Ocean County Utilities Authority/Joanne Kazanowsky, Exec. Assistant/Establishment of Bulk Rate for 2010/Received June 25, 2009
o) Ocean County Municipal Joint Insurance Fund/Loss Control Report/Received June 25, 2009
p) New Jersey Department of Environmental Protection/2009 Recycling Awards Program/Received June 25, 2009
General With Action:
a) Congress of the United States/House of Representatives/John Adler, Congressman/Fire
Station Construction Grant Program available for First Responders/Received June 8, 2009
b) Clean Ocean Action/Meg Gardner, 2009 COAST Coordinator/requesting permission to set
up a table on our beach or boardwalk for four hours on Saturday, August 15th and four hours
on Sunday August 16th to promote actions to stop ocean pollution/Received June 15, 2009
c) Michele Donato/New York Times Article and requesting a response to her letter regarding
the re-striping of parking spaces on Elizabeth Avenue/Received June d18, 2009
d) Beachwood Soccer Club/Stacey Yuro, Fundraising Mom/requesting participation in an
event being held on November 14, 2009 and requesting a donation of two 2010 full season
beach badges for their auction/Received June 18, 2009
e) State of New Jersey/Department of Environmental Protection/Mark Mauriello, Acting
Commissioner/Local Government Greenhouse Gas Reduction Grants Program/Received
June 19, 2009
f) Normandy Beach Improvement Association/Recreation Program/Kimberly Zusi,
Director/requesting use of our ball field for softball on July 12 from 1 to 3 pm and on
August 2 from 1 to 3 pm/Received June 22, 2009
g) Township of Woodbridge/John McCormac,, Mayor/requesting the Mayor to sponsor 20
Senior residents from Lavallette to participate in the Olympic games to be held on
September 11th through the 13th and picking up a portion of the registration fee for those
residents/Received June 22, 2009
h) Billabong Camps/Coastline Adventures Surfing School, LLC/requesting permission to hold
their surf camp on our beach for children, Monday through Thursday 8:00 am to 11:00 am
every week or once a week program and for adults Saturday or Sunday from 8:00 am to 12
noon/Received June 23, 2009
i) Normandy Beach Improvement Association/J.M. Ferris, President/requesting the use of our
sound system for their July 4th celebration/Received June 25, 2009
j) Gary T. Steele, Attorney At Law/Independent Candidate Gary T. Steele for Governor 2009
requesting to hold a “Beach Walk Event” to meet and greet Lavallette residents on July 11 and 12, 2009 for approximately 35 minutes/Received June 29, 2009
k) MaryAnn Johnston/125 Virginia Avenue/requesting a handicap parking space in front of her home/Received July 2, 2009
UNFINISHED BUSINESS:
NEW BUSINESS:
COMMENTS FROM THE PUBLIC:
COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:
EXECUTIVE SESSION:
ADJOURNMENT:
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