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Borough of Lavellette

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 August 11, 2014-7:00 pm


CALL TO ORDER:   Mayor Walter LaCicero, presiding


ROLL CALL:  Council Members Borowski, Lamb, Zalom, Stogdill, Horan 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.








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




Regular Meeting of July 28, 2014

Executive Session of July 28, 2014


Motion: Second: Vote:




a)      Construction Report for July 2014-Councilwoman Filippone

b)      Zoning Report for July 2014-Councilwoman Filippone

 c)   Beach Badge Report for July 2014-Councilman Stogdill 

 d)  Municipal Court Report from January through June-Councilwoman Filippone

 e)   Public Affairs for July-Council President Zalom

 f)   Revenue Transaction Report for May-Chief Financial Officer

 g)   Tax Account Report for June 2014-Tax Collector

 h)   Certificate of Determination and Award-Chief Financial Officer


Motion: Second: Vote:






2014-213                  directing the undertaking of a continuing disclosure review and authorizing participation in the municipalities continuing disclosure cooperation initiative of the Division of Enforcement of the US Securities and Exchange Commission


2014-214                  approving the annual certifications submitted to the Borough by the Lavallette First Aid Squad Emergency Service Organization of all volunteer members who have qualified for credit under the LOSAP Program for the previous year


2014-215                  authorizing submission of the application of the Lavallette Municipal Alliance  Grant for the year 2014-2015 in the amount of $23,711


2014-216                  authorizing the state contract purchase through Contract No. T-0109 83912 for 911 dispatch management software system from Amcom Software Public Safety Solutions, Inc. in the amount of $121,121.00


2014-217                  authorizing the state contract purchase through Contract No. T-1316 for the purchase, installation and training of a new phone system from TDS Communication Technology Solutions, Inc. in the amount of $25,877.95


2014-218                  appointing Toni Sistad as a badge check for the remainder of the 2014 summer season


2014-219                  authorizing the state contract purchase through Contract No.  for the purchase and installation of access control and video surveillance equipment for the new municipal building from Dynamic Security, Inc. in the amount of $102,309.00


2014-220                  authorizing the state contract purchase through Contract No. T-83909 and T-83902 for dispatch radio console, system, equipment and furniture from Allcomm Technologies/Motorola Solutions, Inc. in the amount of $187,437.80



Motion: Second: Discussion: Public Comment: Vote:


2014-221         approving a residential parking permit application to Vincent DeMuro of 9A Philadelphia Avenue


2014- 222                    Bills List in the amount of $10,723,787.45

Motion: Second: Vote:



a)                  Eric M. Bernstein & Associates/Eric M. Bernstein, Esq/Request for Opinion on Potential Vacancy on Borough Council/Received July 21, 2014

b)                  Eric M. Bernstein & Associates/Eric M. Bernstein, Esq/Lenny’s Pizzeria & Restaurant, Inc. v. Borough of Lavallette/Received July 25, 2014

c)                  Eric M. Bernstein & Associates/Ann Marie Rizzuto, Esq/Little Giant, LLC v. Borough of Lavallette/15 Brown Avenue/Tax Year 2014/Received August 4, 2014



a)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Repair of Southern   Ocean Block Streets/Pay Estimate No. 3/Received July 8, 2014

b)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Reconstruction of Boardwalk Pavilions/Pay Estimate No. 4/Received July 21, 2014

c)            O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Virginia Avenue Road Improvements/Received July 28, 2014

d)           O’Donnell, Stanton & Associates/Michael O’Donnell, Engineer/Construction of New Municipal Building/Pay Estimate No. 3/Received August 7, 2014


New Jersey League of Municipalities:


a)                  Weekly Summer Legislative Update/Received July 8, 2014

b)                  Federal Transportation Funding Severely Depleted Action Needed Now/Received July 9, 2014

c)                  SEC Disclosure Rules Self-Reporting Deadline Approaching/Received July 10, 2014

d)                 Weekly Summer Legislative Update/Received July 15, 2014

e)                  The 2014 Police and Fire Books are now available/Received July 15, 2014

f)                   Reminder of Survey on Municipal and School District Cooperation/Received July 15, 2014

g)                  Stopgap Transportation Funding Bill Advances/Received July 16, 2014

h)                  Weekly Summer Update Amendment the NJ Spill Act/Received July 22, 2014

i)                    Municipal Securities Rulemaking Board Education Center Coming Soon/Received July 22, 2014

j)                    League Technology Management Support Service/Received July 24, 2014

k)                  Grant Seminar Series Helps Municipal Officials Find Funding to Meet Their Needs/Received July 24, 2014

l)                    Division Issues Local Finance Notice on Secondary Bond Market Continuing Disclosure Commitments/Received July 24, 2014

m)                Weekly Summer Update/Received July 29, 2014

n)                  Important New Jersey Supreme Court Decision on the Optional Municipal Charter Law and New Jersey Civil Rights Act/Received August 1, 2014

o)                  Weekly Summer Update/Received August 4, 2014

p)                  Grant Seminar Series Helps Municipal Officials Find Funding to Meet Their Needs/Received August 6, 2014

q)                  Preventing Financial Exploitation Post-Disaster Conference/Received August 6, 2014

r)                   Division of Pensions Posts 2015 SHBP Rate Recommendations


General With No Action:


a)                  Ocean County Health Department/Daniel Regenye, Coordinator/Mold Awareness & Remediation Courses/Received July 7, 2014

b)                  Chris & Marlene Chamberlain/History of Difficulty between the Wexford Condo Association and Lenny’s Pizzeria/Received July 7, 2014

c)                  Ocean County Utilities Authority/Joanne Kazanowsky, Exec. Assistant/Bulk Rate Established/Received July 8, 2014

d)                 Steve Shohfi/136 Elizabeth Avenue/letter in favor of removing the Superintendent Salary Cap/Received July 9, 2014

e)                  LeRoy Horan/resignation letter as of September 1, 2014/Received July 10, 2014

f)                   LeRoy Horan/requesting his name be removed from the November ballot for Councilman/Received July 11, 2014

g)                  Randall Turner/2000 Baltimore Avenue/letter of appreciation for Councilman Jim Borowski for his help with getting their driveway apron and curbing fixed due to damage from road work/Received July 15, 2014

h)                  New Jersey Economic Development Authority/Michele Brown, CEO/approving a New Jersey Stronger Grant for Salty’s Enterprises, LLC/Received July 21, 2014

i)                    New Jersey Economic Development Authority/Michele Brown, CEO/approving a New Jersey Stronger Grant for Tradewinds Motor Lodge/Received July 21, 2014

j)                    Marlene Chamberlain/Wexford Condo  Association/Iceberg Patron tried to urinate in back of Condos/Received July 21, 2014

k)                  Municipal Excess Liability Joint Insurance Fund/Fred Semrau, Esq/Members That Have Not Finalized the Information Needed to Produce a Proof of Loss for Super Storm Sandy/Received July 21, 2014

l)                    FEMA/Paul Weberg, Senior Engineer/Preliminary Flood Insurance Study and Flood Insurance Rate Map Comments/Received July 28, 2014

m)                Ronald Deramo/206 Haddonfield Avenue/unsafe situations on the highways due to no pedestrian crosswalks and stripping and signs/Received July 22, 2014

n)                  Clean Ocean Action/Catie Tobin/Environmental Programs Coordinator/2013 Annual Beach Sweep Report/Received July 28, 2014

o)                  Ocean County Utilities Authority/Keith Marcoon, Manager/2nd Quarter 2014 Metered Flow Data/Received July 29, 2014

p)                  FEMA/Marcus Robinson, Accounting/Community Disaster Loan Quarterly Statement/Received July 30, 2014

q)                  Monmouth University/Polling Institute/Monmouth University Sandy Recovery Data Collected/Seaside Heights, Seaside Park/Lavallette/Received July 31, 2014

r)                   State of New Jersey/Department of Environmental Protection/New Jersey State Forestry Services/Alexander McCartney, Coordinator/Shade Tree Program/Received August 1, 2014

s)                   Ocean County Planning Board/Anthony Agliata, Asst. Planning Director/NCR Program Appeal Letter Regarding our Denial of Grant/Received August 5, 2014

t)                   New Jersey Economic Development Authority/Michele Brown, CEO/received a NJ Stronger Business Grant/Walter G. Kosenski, II, Inc./Received August 6, 2014

u)                  New Jersey Economic Development Authority/Michele Brown, CEO/received a NJ Stronger Business Grant/ Ben Franklin Store/Received August 6, 2014

v)                  New Jersey Department of Environmental Protection/Department of Environmental Protection’s “Harvest the Bay Festival” Returns to Island Beach State Park/Received August 6, 2014

w)                State of New Jersey/Department of Environmental Protection/Jane Herndon, Assistant Commissioner/Ozone Season/Received August 8, 2013

x)                  Division of Pensions Posts 2015 SHBP Rate Recommendations/Received August 8, 2014

y)                  New Jersey Economic Development Authority/Michele Brown, CEO/received a NJ Stronger Business Grant/ Crab’s Claw Inn/Received August 5, 2014


General With Action:


a)                  Carl Hockenbury/5 Kerr Avenue/requesting a signed copy of the tv of sewer report/Received July 7, 2014/Mr. Hockenbury has already been provided the report/Received July 7, 2014

b)                  A.C. Marmo & Sons/Robert Marmo/9 Dover Avenue/requesting his damaged curbs be replaced/This location will be included in Phase II Sandy Road Project/Received July 7, 2014

c)                  Oceana/Connor Whitley/requesting the Mayor sign a letter to Governor Christie urging him to oppose Seismic Blasting Off the Coast/Received July 8, 2014

d)                 Jersey Central Power & Light/Kathy Moore, Supervisor/requesting the Mayor sign a form if the Borough would like to be notified of electrical service disconnects/Received July 21, 2014

e)                  United Policyholders/Amy Bach, Executive Director/requesting the Mayor complete the survey of 10 questions regarding flood insurance/Received July 21, 2014

f)                   Lavallette Heritage Committee/Pam Maguire, Director/requesting the approval of repairs to the Gazebo/Received July 22, 2014

g)                  Department of Environmental Protection/Cindy Randazzo/requesting help in finding locations that need to be cleaned and volunteers to clean them for the NJ Clean Communities Council International Coastal Cleanup this September/Received July 22, 2014

h)                  Department of Health & Human Services/Janet Collins, Director/requesting the Mayor participate in the survey for healthy eating and active living for residents/Received July 28, 2014

i)                    Ocean County Columbus Day Parade Committee/Isa Appignani, Co-Chair/requesting the Mayor and Council’s attendance in the Parade on October 12, 2014/Received July 29, 2014

j)                    Department of Environmental Protection/Kelly Staffieri/Army Corps Federal Beachfill Meetings/requesting dates and times that the Mayor and representatives will be available for a meeting during the week of August 25th/Received August 4, 2014

k)                  Adam Williams/2013 Teakwood Road/Toms River, NJ/requesting to hold his wedding ceremony at the beach at Philadelphia Avenue on September 6, 2014 at 3pm and to have available two beach wheelchairs for two elderly woman attending/Received August 7, 2014

l)                    Samantha Oomen/Roslyn, PA/requesting to get married on the beach in between Haddonfield and Bryn Mawr Avenues on August 31, 2014 at 10:30 am/Received August 8, 2014

m)                OCEANA/Claire Douglass, Campaign Director/urging Council to introduce a resolution opposing seismic airguns and offshore drilling/Received August 8, 2014