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Meeting Agenda
Minutes
2009 January-June2009 July-December
2008 January-June
2008 July-December
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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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