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Agenda

BOROUGH OF LAVALLETTE

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

 LAVALLETTE FIRST AID BUILDING

 November 17, 2014-7:00 pm

 

CALL TO ORDER:   Mayor Walter LaCicero, presiding

 

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

                           

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 10, 2014.  Notice was also posted on our municipal bulletin board and municipal website.

           

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 MINUTES:

 

Regular Meeting of October 20, 2014

 

Motion: Second: Vote:

 

REPORTS:

 

a)      Construction Report for October 2014-Councilwoman Filippone

b)      Zoning Report for October 2014-Councilwoman Filippone

 c)   Municipal Court Report from October-Councilwoman Filippone

 d)   Public Affairs Report-Council President Zalom

 e)   Revenue Transaction Report for July-Chief Financial Officer

 f)   Tax Account Report for October 2014-Tax Collector

 

Motion: Second: Vote:

 

ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS:

 

RESOLUTIONS – ON CONSENT:

2014-271                  authorizing the Municipal Clerk to advertise and receive bids for the positions of Borough Attorney, Borough Auditor and Municipal Prosecutor for the Borough of Lavallette

 

2014-272                  authorizing the CFO to refund $73.42 to About Us Productions of the unused balance in their off duty police officer trust account

 

2014-273                  authorizing the Treasurer to transfer an electric credit balance in the amount of $124.62 to the water/sewer utility to satisfy the 2013 tax sale amount of $109.62 and the tax sale cost of $15.00

 

2014-274                  expressing the importance to recognize the strength of local pension funding in regards to recommendations from Governor Christie’s pension and health benefit study commission

 

2014-275                  recognizing the month of November 2014 as National Family Caregivers Month in the Borough of Lavallette

 

2014-276                  authorizing the CFO to refund planning board escrows in the amount of $586.00 to James and Frances Craig

 

2014-277                  authorizing the CFO to refund planning board escrows in the amount of $1,147.00 to Patricia Fox and Paul Tizik

 

2014-278                  authorizing the CFO to refund planning board escrows in the amount of $598.50 to Anthony & Phyllis Lanza

 

2014-279                  authorizing the Treasurer to refund a tax credit balance in the amount of $339.15 to Michael Schneck, Trustee for Giant Realty, Inc

 

2014-280                  amending the 2014 capital budget for the road improvements to Vance Avenue

 

2014-281                  approving a raffle license to St. Pio of Pietrelcina to hold a 50/50 of premise raffle on September 13, 2015 at their Parish Center

 

2014-282                  authorizing the cancellation of various accounts payable in the current fund in the amount of $2,400

 

2014-283                  authorizing the cancellation of various accounts payable in the electric fund in the amount $5,000

 

2014-284                  authorizing the cancellation of an accounts payable in the water fund in the amount of $180.00

 

2014-285                  appointing Justin Ottmer as a part time telecommunicator at an hourly rate of $9.18

 

 

 

2014-286                  authorizing the Municipal Clerk to sign an application for social affairs permit to Donations of Love, Inc. for the sale of alcoholic beverages at their wine tasting event at the Ohana Grill located at 65 Grand Central Avenue on December 10, 2014 from 4pm to 11 pm with a rain date of December 17, 2014

 

2014-287                  authorizing the Mayor and Borough Clerk to execute a donation letter and waiver of appraisal to the State of New Jersey with regards to the Shore Protection Easements

 

2014-288                  authorizing the CFO to make transfers between budget appropriations in the amount of $3,500.00

 

2014-289                  authorizing the transfer of 2011, 2012 and 2013 state tax appeal credits to 2014 taxes receivable in the amount of $5,390.91

 

2014-290                  authorizing the Treasurer to issue a check in the amount of $5,081.21 payable to US Bank Cust for the redemption of a tax sale certificate

 

2014-291                  authorizing the Treasurer to apply the 2013 tax overpayments in the amount of $250.00 to the 2014 taxes receivable

 

2014-292                  authorizing the Mayor to sign and execute Policy Endorsements for the Horizon Prescription Plan, Dearborn National Life Insurance, Sun Life Financial Short Term Disability Plan and the Horizon Dental Plan for the year 2015

 

2014-293                  authorizing four applicants to attend the Ocean County Police Academy Class II Officer Training beginning December 9, 2014 through May 21, 2015

 

2014-294                  appointing three temporary laborers for the Department of Public Works at an hourly rate of $10.40 commencing December 12, 2014 through January 16, 2014

 

2014-295                  authorizing the execution of a proof of loss statement associated with damage incurred by super storm sandy in the amount of $797,470.00

 

2014-296                  authorizing the execution of a Change Order to the contract with Johnson Baran 

                        Corporation for the repaving of a portion of Lavallette Avenue increasing the

                        contract by

 

2014-297                  consent to allow T-Mobile to maintain and replace cellular antennas on the Lavallette Water Tower and authorize the Borough Engineer to perform the required inspections

 

Motion: Second: Discussion: Public Comment: Vote:

RESOLUTION - OFF CONSENT:

APPROVAL OF VOUCHERS:

2014- 298                    Bills List in the amount of $1,004,899.55

Motion: Second: Vote:

ORDINANCES ON FOR INTRODUCTION/FIRST READING

BOND ORDINANCE NO. 2014-07 (1132) BOND ORDINANCE PROVIDING FOR ROAD IMPROVEMENTS TO VANCE AVENUE, AND APPROPRIATING $200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $29,110 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY

Motion: Second: Vote:

ORDINANCE NO. 2014-08 (1133) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING THE CODE OF THE BOROUGH OF LAVALLETTE TO ADJUST THE FEES CHARGED FOR USE OF BEACHES AND FACILITIES

Motion: Second: Vote:

ORDINANCE NO. 2014-09 (1134) AN ORDINANCE OF THE BOROUGH OF LAVALLETTE AMENDING CHAPTER 89 OF THE GENERAL ORDINANCES  OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY ENTITLED “VEHICLES AND TRAFFIC” TO MODIFY THE TIME PERIOD THAT PARKING STICKERS ARE REQUIRED IN THE MUNICIPAL PARKING LOTS

Motion: Second: Vote:

ORDINANCE NO. 2014-10 (1135) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 90 OF THE BOROUGH CODE, ENTITLED “ZONING,” TO MODIFY SETBACK REQUIREMENTS FOR UNDERSIZED LOTS BORDERING ON STATE HIGHWAY ROUTE 35 SOUTHBOUND

Motion: Second: Vote:

COMMUNICATIONS:

Legal:

a)                  Eric M. Bernstein & Associates/Dominic DiYanni, Esq/Rita Poole v. B & B Department Store/Received October 16, 2014

b)                  Eric M. Bernstein & Associates/Eric Bernstein, Esq/Lenny’s Pizzeria & Borough of Lavallette/Received October 20, 2014

c)                  Eric M. Bernstein & Associates/Eric Bernstein, Esq/Michele R. Donato v. Borough of Lavallette/Received October 28, 2014

d)                 Eric M. Bernstein & Associates/Eric Bernstein, Esq/Richard and Mary Pat Molke v. Borough of Lavallette/Received October 28, 2014

e)                  Eric M. Bernstein & Associates/Eric M. Bernstein, Esq/Lavallette Borough and PBA Local 372/Received November 12, 2014

f)                   Eric M. Bernstein & Associates/Eric Bernstein, Esq/Joseph & Jennifer Lauritano v. Borough of Lavallette/Received November 12, 2014

Engineering:   

 

a)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Preconstruction

            Conference Minutes/Virginia Avenue Road Improvements/Received October 7, 2014

b)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Flood

            Certificates/Borough Buildings/Received October 15, 2014

c)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/2015 NJDOT

            Municipal Aid Program/Guyer Avenue Road Improvements/Received October 15, 2014

d)         O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/2015 NJDOT   

             Municipal Aid Program/Elizabeth Avenue Road Improvements/Received October 15,  

             2014

e)             O’Donnell, Stanton & Associates/Michael O’Donnell/Magee Avenue Pier Tee Head  

             Reconstruction/Received October 1, 2014

f)              O’Donnell, Stanton & Associates/Michael O’Donnell/Repair of Damaged

             Roadways/Phase II/Received November 6, 2014

g)             O’Donnell, Stanton & Associates/Michael O’Donnell/Virginia Avenue Road

             Improvements/Received November 14, 2014

       

New Jersey League of Municipalities:

 

a)                  Public Health Information:  Flu Season has Begun and Enterovirus Hits New

            Jersey/Received October 3, 2014

b)                  Weekly Policy Update/Bill Requiring 911 PSAP Capability Upgrades for Text Message

            Processing Advances/In Rem Tax Foreclosure Against Abandoned Properties/Scrap

            Metal Bill Advances/Received October 3, 2014

c)                  October is Cyber Security Month/Received October 7, 2014

d)                 Grant Seminar Series Helps Municipal Officials Find Funding to Meet Their Needs/Received October 8, 2014

e)                  Concerns with Potential Recommendations of Pension and Benefit Study Commission/Received October 9, 2014

f)                   Mayors’ Summit on Resilient Design/Received October 10, 2014

g)                  Draft Resolution on Transportation Infrastructure Funding Available/Received October 10, 2014

h)                  Weekly Policy Update/Received October 10, 2014

i)                    Recommended Fire Station Precautions During Election/Received October 14, 2014

j)                    Calling On All Mayors!Calling on All Employers! Organize a “Jeans for Troops” Drive at Work and Honor Veteran’s Day by Supporting our Veterans/Received October 14, 2014

k)                  Reminder the Best Practices Worksheet is due October 17th/Received October 15, 2014

l)                    Weekly Policy Update/Received October 17, 2014

m)                S-264, Public Safety Workers’ Compensation/Received October 21, 2014

n)                  COAH deadlocks and Does Not Advance Proposed Regulations/Received October 21, 2014

o)                  Constitutional Issues Involving Holiday Displays/Received October 24, 2014

p)                  Weekly Policy Update/Received October 24, 2014

q)                  Your Voice Must Be Heard on Transportation Funding/Received October 28, 2014

r)                   Weekly Policy Update/Received October 31, 2014

s)                   User Friendly Budget Proposal/Received November 3, 2014

t)                   COAH Update/Received November 3, 2014

u)                  FCC Rule Enables Wireless Industry to Short Circuit Local Land Use Review/Received November 3, 2014

v)                  Member Benefit-Resource for Seeking Grants/Received November 5, 2014

w)                Weekly Policy Update/Received November 7, 2014

x)                  New Jersey Clean Water Council Public Hearing Announcement/Received November 10, 2014

 

General With No Action:

 

a)                  Ocean County Planning Board/2014 Beach Grass Distribution/David J. McKeon, Planning Director/Received October 14, 2014

b)                  Mr. & Mrs. John Braycewski/3 Sterling Court, Red Bank, NJ/thanking Chief Colin Grant for saving the life of her husband from choking/Received October 15, 2014

c)                  New Jersey Economic Development Authority/Michele Brown, Chief Exec. Officer/NJ Stronger Grant to Meg’s Grill/Received October 16, 2014

d)                 Robert Marmo/9 Dover Avenue/Curbing Damaged from plow after the Storm/Address is on for Phase II Road Project/Received October 16, 2014

e)                  New Jersey Economic Development Authority/Michele Brown, CEO/NJ Stronger Grant to Timothy Ryan Home for Funerals/Received October 16, 2014

f)                   NJDEP Office of Flood Hazard Risk Reduction Flood Hazard Risk Reduction and Resiliency Grant Program/Information Session/November 14, 2014/Received October 20, 2014

g)                  NJDEP/State Obtains Bulk of Easements Needed for Shoreline Projects; Efforts to Acquire Remaining Easements Continuing/Received October 20, 2014

h)                  Kate Semmens/Sea Grant Public Focus Groups/Received October 21, 2014

i)                    Ocean County Health Department/Leslie Terjesen, Public Information Officer/Ocean County Health Department Meets with Several Other State and County Agencies to Discuss Ebola Preparedness Measures/Received October 21, 2014

j)                    Ocean County Municipal Joint Insurance Fund/Perma Risk Management Services/Public Hearing-2015 Proposed Budgets/Received October 22, 2014

k)                  Badge Revenue Update as of September 1, 2014 and September 3, 2012 for Lavallette, Seaside Heights, Seaside Park and Ortley Beach/Ken Langdon, Ortley Beach Liaison Committee/Received October 24, 2014

l)                    Zurich American Insurance Company/Undisputed Hurricane Sandy Flood Claim Payment in the amount of $797,270.00/Received October 27, 2014

m)                Ocean County Utilities Authority/Michael L. Willis, Planning Engineering/3rd Quarter 2014 Metered Flow Data/Received October 28, 2014

n)                  Lavallette Board of Education/Patricia Christopher, Business Administrator/Possible Send/Receive Relationship/Received October 29, 2014

o)                  FEMA/Intergovernmental Affairs Advisory/National Flood Insurance Program and Implementation of the Homeowner Flood Insurance Affordability Act and the Biggert-Waters Flood Insurance Reform Act/Received October 30, 2014

p)                  NJ Bankers/Michael Affuso, Executive Vice President/Property Maintenance Issues/Received November 6, 2014

q)                  Summit Risk Services/Wendy Kaliner/Denial of Coverage/State of New Jersey v. Great Swan Bay Corp/Received November 7, 2014

r)                   Summit Risk Services/Christopher Woodward/Denial of Coverage/Vallata Gardens v. Borough of Lavallette/Received November 10, 2014

s)                   Marlene M. Brown/Attorney At Law/Stated Intentions to Change the Liquor License 

            Ordinance/Received November 12, 2014

t)                   Linda and Jim Pells/401 Grand Central, Unit D/not in favor of Lenny’s liquor 

            license/Received November 12, 2014

u)                  Linda Lido/Evangelism Team/Faith Lutheran Church/thanking the Borough for allowing

       them to participate in the dune grass planting on November 8, 2014/Received 

       November 13, 2014

v)                  Phoenix Advisors, LLC/Anthony Inverso, Senior Managing Director/Municipality

            Continuing Disclosure Cooperation Initiative Final Report/Received November 13, 2014

 

General With Action:

 

a)                  Mary Powderly/103 Bay Blvd/requesting a storm drain grate in front of her home/Received October 23, 2014

     

UNFINISHED BUSINESS:

 

NEW BUSINESS: 

 

Special Event/Facilities Use Application from DQ Events to hold a Triathlon on June 7, 2015 from 5am to 11am with June 6, 2015 being the set up day from 3pm to 6pm at the north end of Jacobsen Park by Tennis Courts and surrounding streets

 

Motion: Second: Vote:

 

COMMENTS FROM THE PUBLIC:

 

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

 

EXECUTIVE SESSION:   

 

ADJOURNMENT: