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Borough of Lavallette

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November 16, 2015-7:00 pm


CALL TO ORDER:   Mayor Walter LaCicero, presiding


ROLL CALL:  Council Members Borowski, Filippone, Zalom, Stogdill, Finter and Lamb


Also present:        Christopher F. Parlow, Borough Administrator/Municipal Clerk

                               Eric Bernstein, Borough Attorney       

                               Donnelly Amico, Deputy Municipal Clerk                        


READING OF THE OPEN PUBLIC MEETINGS ACT STATEMENT: Notice of this meeting was published in the Ocean Star on January 9, 2015.  Notice was also posted on our municipal bulletin board and municipal website.








COMMENTS FROM PUBLIC (Items not listed on agenda / not staying for remainder of meeting)




Minutes of Regular Meeting of October 19, 2015

Minutes of Executive Session of October 19, 2015


Motion: Second: Vote:




a)                Construction Report for October-Councilwoman Filippone  

b)                Zoning Report for October-Councilwoman Filippone

c)                Municipal Court Report for October-Councilwoman Filippone

d)                Police Overtime Report for October-Councilwoman Filippone    

e)                Public Works Report for October-Councilman Lamb         

f)                 Public Affairs Report for October-Council President Zalom

g)                Tax Account Report for October-Tax Collector

h)                Revenue Transaction Report for September-Chief Financial Officer


Motion: Second: Vote:






2015-301                  authorizing the refund of planning board escrows to NVR Holdings, LLC in the amount of $561.00


2015-302                  authorizing the refund of planning board escrows to Kim & Lars Wegner in the amount of $1,191.00


2015-303                  permanently appointing Gary Royer as a part-time Zoning/Code Enforcement Officer for the Borough of Lavallette


2015-304                  authoring the Municipal Clerk to advertise and receive bids for the positions of Borough Attorney, Borough Auditor, Municipal Prosecutor and Municipal Engineer for the year 2016


2015-305         authorizing the execution of a Change Order No. 8 with Wallace Brothers, Inc. increasing the adjusted contract price by $15,793.42


2015-306         authorizing the Municipal Clerk to sign an application for special permit for social affairs to Donations of Love Inc. for the sale of alcoholic beverages at their wine tasting event at Ohana Grill on December 4, 2015


2015-307         granting a license to the Lavallette Heritage Committee to hold a 50/50 on premise raffle on December 21, 2015 from 6pm to 10pm at their Lavallette Birthday Party at the Lavallette First Aid Building


2015-308         authorizing a Shared Service Agreement with the Borough of Island Heights for the use of the Island Heights Municipal Court


Motion: Second: Discussion: Public Comment: Vote:



2015-309                                 Bills List in the amount of $1,373,498.39

Motion: Second:  Public Comment: Vote:



a)      Eric M. Bernstein & Associates/Eric M. Bernstein, Esq/Lenny’s Pizzeria and Restaurant, Inc. v. Borough of Lavallette/Received October 13, 2015

b)      Eric M. Bernstein & Associates/Dominic DiYanni, Esq/Rita Poole v. Borough of Lavallette/Received October 16, 2015

c)      Eric M. Bernstein & Associates/Dominic DiYanni, Esq/Rita Poole v. Borough of Lavallette/Received October 26, 2015

d)     Eric M. Bernstein & Associates/Eric M. Bernstein, Esq/Lenny’s Pizzeria v. Borough of Lavallette/Received October 27, 2015

e)      Eric M. Bernstein & Associates/Dominic DiYanni, Esq/7 Brooklyn Avenue, LLC v. Borough of Lavallette/Tax Appeal/Received November 4, 2015

f)       Eric M. Bernstein & Associates/Dominic DiYanni, Esq/Rita Poole v. B & B Department Store/Received November 4, 2015



a)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Installation of New Standby Generator/Pay Estimate No. 4/Received October 8, 2015

b)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/2016 NJDOT Municipal Aid Program/Elizabeth Avenue Road Improvements/Received October 20, 2015

c)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Construction of New Municipal Building/Pay Estimate No. 17/Received October 23, 2015

d)           O’Donnell, Stanton &  Associates/Michael O’Donnell, Engineer/2016 NJDOT Municipal Aid Program/President Avenue Road Improvements/Received October 27, 2015

e)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Vance Avenue Road Improvements/NJDOT Application/Received November 2, 2015

f)             O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/New Municipal Building/Cast Stone Joints/Received November 4, 2015

g)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Installation of New Standby Generator/Pay Estimate No. 5/Received November 9, 2015


New Jersey League of Municipalities:


a)                  Reminder-18th Annual Elected Officials Hall of Fame/Received October 1, 2015

b)                  Nor’Easter and Hurricane Joaquin Update/Received October 2, 2015

c)                  Weekly Policy Update/Received October 2, 2015

d)                 Weekly Policy Update/Received October 9, 2015

e)                  Weekly Policy Update/Received October 16, 2015

f)                   Weekly Policy Update/Received October 23, 2015

g)                  Urgent Action Needed Now/Received October 27, 2015

h)                  Federal Advocacy Update/Received October 27, 2015

i)                    Survey on High School Youth Civic Engagement/Received October 28, 2015

j)                    Weekly Policy Update/Received October 30, 2015

k)                  Important Conference Opportunity/Experts Available At Your Convenience/Received November 5, 2015

l)                    Weekly Policy Update/Received November 6, 2015


General With No Action:


a)                  Regina Birchler/33 Bullard Drive/Demolition Program/Received October 6, 2015

b)                  Ocean County Municipal Joint Insurance/Loss Control Report/Received October 6, 2015

c)                  State of New Jersey/Department of Environmental Protection/Michele Kropilak, Region Supervisor/Notice of Violation/75 Pershing Blvd./Received October 7, 2015

d)                 Ocean Monmouth Health Alliance/Debra Levinson, Regional Director/Breast Cancer Awareness/Received October 8, 2015

e)                  Badge Revenue Update as of September 7, 2015/Seaside Park/Seaside Heights/Ortley Beach and Lavallette/Received October 8, 2015

f)                   State of New Jersey/Department of Environmental Protection/Eric Virostek, Environmental Specialist/Correction for Coastal General Permit/80 Ocean Front/Received October 9, 2015

g)                  Zurich American Insurance/Peter Hanrahan/Hurricane Sandy Flood Claim/Final Payment of $394,584.22/Received October 15, 2015

h)                  Antonia Rulli/8 Vance Avenue/thanking Gary Royer for all his help/Received October 16, 2015

i)                    FEMA/NFIP Transformation Task Force Update/Received October 19, 2015

j)                    DEP News Release/Christie Administration Proposes Common Sense Overhaul to Water Quality Management Planning Rule/Received October 19, 2015

k)                  New Jersey Department of Environmental Protection/Cindy Randazzo/Second Round of Grant Funding/Flood Hazard Risk Reduction & Resiliency Grant Program/Received October 20, 2015

l)                    Ocean County Department of Solid Waste Management/James Lacey, Freeholder/Ocean County Recycling Revenue Sharing Program/Check in the Amount of $1,341.13/Received October 21, 2015

m)                ISO/Virginia Fields/Building Code Effectiveness Grading Schedule/Received October 22, 2015

n)                  State of New Jersey/Board of Public Utilities/Veronica Beke, Deputy Attorney General/Cablevision Renewal Certificate of Approval/Received October 23, 2015

o)                  Ocean County Municipal Joint Insurance Fund/2015 Dividend/Received October 23, 2015

p)                  Route 37 East Mathis Bridge Construction Notice/Received October 23, 2015

q)                  United States Environmental Protection Agency/Dore LaPosta, Director/In the Matter of Lavallette Water Department/Received October 26, 2015

r)                   Ocean County Planning Board/David McKeon, Planning Director/2015 Beach Grass Distribution/Received October 27, 2015

s)                   Ocean County Municipal Joint Insurance Fund/Public Hearing-2016 Proposed Budgets/Received October 27, 2015

t)                   NJ Bankers/Michael Affuso, Exec. VP/Foreclosures/Received October 29, 2015

u)                  Ocean County Utilities Authority/Robert McGlaughlin, Planning Specialist/Third Quarter-2015 Metered Flow Data/Received October 29, 2015

v)                  Office of the County Engineer/John Ernst, Director/Pipe Cleaning/President and Bay Blvd./Received October 29, 2015

w)                NJDOT/Traffic Advisory/Mathis Bridge/Route 37 Eastbound to Close October 31st/Traffic Shifts to the Tunney Bridge until Spring/Received October 30, 2015

x)                  Ocean Monmouth Health Alliance/Debra Levinson, Regional Director/Great American Smokeout/Children’s Education Books/Received November 5, 2015

y)                  DEP News Release/Results of Barnegat Bay Science Studies to be presented to public on November 17/ Received November 12, 2015

z)                  DEP News Release/New Interactive Website offers practical advice on designing of Jersey-Friendly yards/ Received November 12, 2015

aa)               FEMA/Kendall Murphy/Updated NFIP Reform Fact Sheet/Received November 12, 2015


General With Action:


a)                  Annette Esposito/214 Westmont Avenue/requesting assistance with the condition of 216 Westmont Avenue/Received October 5, 2015

b)                  Stephanie Hrvatin/114 Reese Avenue-Front House/requesting she not be charged for the water bill due to a broken water meter/Received October 8, 2015

c)                  Edwina Cioffi/306 Ocean Front/requesting credit towards 2016 beach badges and parking sticker since the 2015 badges were paid for but never picked up/Received October 14, 2015

d)                 Pam Caucino/Beach Badge Supervisor/requesting to have the badge office stay open until 4 or 4:30 pm on Saturdays for the 2016 summer season/Received October 16, 2015

e)                  Cynthia Pratt/Peter Riess/requesting to hold their wedding ceremony on the beach at Philadelphia Avenue on June 11, 2016 at 3:30 pm.

f)                   State of New Jersey/Department of Community Affairs/Louis Mraw, Supervisor/requesting assistance regarding the unsafe structure demolition program and the Borough of Lavallette utility disconnects/Received October 24, 2015

g)                  Borough of Wanaque/Daniel Mahler, Mayor/requesting the Borough join him and Council in petitioning for a Commission to explore the elimination or reduction of County  Government in the State of New Jersey/Received October 29, 2015

h)                  Institute on Science for Global Policy/George H. Atkinson, Founder/requesting the Mayor’s Attendance at a two-day conference on The Shore’s Future: Living with Storms and Sea Level Rise/Received November 4, 2015

i)                    Eric Balmer & David Hubert/408 Coolidge Avenue/Ortley beach/requesting the same school plan that was offered to Seaside Park for free tuition for the Lavallette School for Ortley Beach/Received November 5, 2015

j)                    Community Associations Institute/Christine Li, Chair/requesting an ordinance be adopted in Lavallette to require the upkeep of vacant homes under foreclosure/Received November 9, 2015

k)                  Spark Market Solutions/Patti Baxter/Explore Ocean County special rates for Lavallette/Received November 12, 2015






Approval of Lavallette Business Association 2016 Events


Motion: Second: Vote: