2007 Minutes

READING OF THE OPEN PUBLIC MEETINGS ACT STATEMENT: Notice of this meeting complies with the Open Public Meeting Act. Public Notice was given to the Ocean County Observer, Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 12, 2007 . Notice was posted on the Municipal bulletin board.

Mayor LaCicero stated that Mr. George the Borough Attorney was stuck in traffic and would be here shortly.

MOMENT OF CONTEMPLATION: Mayor LaCicero asked for a moment of contemplation for all the troops overseas that cannot be home for the holidays

PLEDGE OF ALLEGIANCE: Councilman Ardito led the Salute to the Flag.

MAYOR’S WELCOMING STATEMENT: At this time, Mayor LaCicero asked if anyone was in the audience that wished to speak about anything that was not on the agenda they could do so at this time.

There was no public comment.

APPROVAL OF CLERK’S MINUTES:

Minutes of Caucus/Regular December 3, 2007

Minutes of Executive Session December 3, 2007

Bid Opening Municipal Prosecutor December 14, 2007

Councilwoman Wenzel asked that the minutes not be voted on until the Borough Attorney was present.

Mayor LaCicero stated that that was fine and moved onto the reports.

Mr. George arrived at 7:28 pm . The Mayor then moved to the approval of the Minutes. The Mayor asked for Council discussion.

Councilwoman Wenzel questioned what would the consequences be if Council did not abide by the bi-laws they are supposed to follow.

Mr. George stated that each circumstance is different. He would have to see what the nature of the circumstance.

Councilwoman Wenzel questioned who would be the authority that would address the matter. She asked if it would be addressed at the dais, in executive session or with the Department of Community Affairs.

Mr. George stated that it would depend on the situation. If it was a violation that could invalidate a vote it could be brought up civilly. If the violation was the rules of order, the Mayor would make the decision.

Councilwoman Wenzel questioned if there were subsequent legal actions, where would the legal representation be funded from.

Mr. George stated that the public treasury would fund the legal matter in the name of the Borough.

Councilwoman Wenzel stated that she would recommend the minutes of December 3 be held until we have received the transcription minutes of the special meeting. The comments in these minutes that she made in reference to the comments made about her at the special meeting are just summary comments and she would like them to be word for word.

Mr. George stated that the Open Public Meetings Act requires only summary not verbatim for the minutes. Although unusual, you can make a motion to adopt a verbatim transcript instead of just summary.

Councilwoman Wenzel stated that she was primarily concerned about a certain statement made by another Councilperson.

Mr. George stated that the motion would be most appropriate. The minutes should be held until the transcript is received from the special meeting.

He also stated that minutes are summarized and are not word for word and any correspondence as part of the meeting does become part of public record. Ms. Filippone’s statement could be summarized in the minutes but any speech she made could be made part of the record.

Councilman Lamb stated that it just doesn’t make sense. He stated that there were statements said by both parties, that everyone heard it, that it was put in the paper, and that it is done. He questioned why this matter is being dragged out.

Councilwoman Wenzel stated that the minutes are a public record of our meetings. In the future, people will rely upon these minutes to be the truth. She commented that if something was said about another Councilperson that was not true that that is not acceptable to the people of this town.

Council President Zalom stated that she thinks what Councilwoman Wenzel is asking for is to have accurate statements on record not untruths.

Councilwoman Wenzel stated that in ten or fifteen years if people of this town look to these minutes as a guide she would like it to be of truthful statements not false.

Councilman Lamb stated that he does not see the point of all of this. He feels it is costing the Borough money.

Councilwoman Filippone asked if certain statements made by Councilwoman Wenzel at the special meeting that were about her and are part of the transcription can be stricken from the minutes.

Mr. George stated that no nothing of that transcription can be stricken from the record. Unless Lenny’s Pizza decides to file action then it will be part of that action but not part of our public record. Once the transcription is received we will ask to have it be part of our minutes for that meeting.

Mr. Parlow stated upon receipt of that transcript he will bring forth to the Mayor and Council the transcript with the minutes and ask that this transcript be part of the public record of our minutes.

Councilwoman Filippone stated that she should have the right to have Councilwoman Wenzel’s statements removed from the transcript if she could request my statements to be removed.

Mr. George stated that you cannot strike it from the record. The transcript was generated because of the inability to record verbatim. There was not an adequate recording system at the Lavallette School where the meeting was held.

A Motion was made by Councilwoman Wenzel to table the vote on the minutes of December 3, 2007 . The Motion was seconded by Councilman Ardito. Council Members Ardito, Wenzel, Zalom, Stogdill and Filippone voted “Yes”. Councilman Lamb voted “No”. The motion passed.

Mr. Parlow stated that when the transcripts from the special meeting of November 16 are received he will put the minutes from November 16, 19, December 3, and 17 on the agenda at the same time.

A Motion was made by Councilwoman Wenzel to approve the minutes from the Executive Session of December 3, 2007 . The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted “Yes”. The motion passed.

A Motion was made by Council President Zalom to approve the minutes from the Municipal Prosecutor Bid Opening of December 14, 2007 . The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted “Yes”. The motion passed.

REPORTS:

a) Police Overtime Report for November 2007-Councilwoman Filippone-read report

b) Public Works Report for November 2007-Councilwoman Wenzel-read report

c) Animal Control Report for November 2007-Councilwoman Filippone-read report

d) Public Affairs Report-Council President Zalom-Council President Zalom welcomed Katherine who is the new reporter from the Ocean Star. She also stated she is still in negotiations with Manchester Township for their ice rink. The tree lighting was wonderful. She thanked Jerry Skinner for being Santa. The Saint Nicholas breakfast sponsored by the Friends of the Beautification Committee was a hit. She thanked John Curcio for being Santa. The Fireman’s Christmas Party for the kids was great. They gave every child a bag of little toys including a fire truck. The town birthday party will be held on December 21^st. The three New York bus trips are all sold out.

e) Municipal Court Report for November 2007-Councilwoman Filippone-read report

f) Zoning Report for November 2007-Councilwoman Filippone-read report-Mr. Remy requests that unregistered boats be added to Section 39-7 of the Code. She also stated that there was some talk about creating a specific type of permit in a bright color with a line to say what has been approved. Councilwoman Wenzel questioned whether or not Mr. Remy was able to take a look at the fire hydrants in town. Councilwoman Filippone stated that he has looked at them and he could not locate any with plantings around them. Councilman Lamb stated that someone was looking to move a fire hydrant because it is too close to their driveway. Councilwoman Wenzel stated that that should go through the Water/Sewer Department and should be requested in writing. Councilman Lamb questioned what was happening with the construction conversion with certain towns. Mayor LaCicero stated that he will be discussing that at the Re-Organization Meeting.

g) Tax Account Status Report for November 2007-Tax Collector

h) Water and Sewer Infiltration 3^rd Quarter Report-Councilman Ardito-read report

A Motion was made by Councilwoman Wenzel to receive the Tax Account Status Report. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted “Yes”. The motion passed.

PUBLIC COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS:

RESOLUTIONS – ON CONSENT:

2007-275 authorizing a contract through the Stafford Cooperative Pricing System for the supply and delivery of natural gas to Pepco Energy Services-Councilman Ardito stated that he went with Mr. Parlow to the Public Power Meeting for electric and thought it was very interesting how it works.

2007-276 Certifying to the Local Finance Board of the State of New Jersey that all of the members of the governing body have reviewed, at a minimum, the sections of the annual audit entitled “Comments and Recommendations”-Councilwoman Wenzel questioned whether or not the Auditor should be present so questions could be asked about the two write ups. Mr. Parlow stated that the Auditor is never here for this but if she would like him here we could arrange it for the next meeting. Councilwoman Wenzel decided that it was not necessary.

2007-277 authorizing to enter into an Interlocal Services Agreement with the County of

Ocean for the FY 2008 State 966 Reimbursement Program

2007-278 authorizing the refund of a 2006 New Jersey Homestead Rebate check to Mrs.

Gajewski at 100 New York Avenue that was sent due to a delinquent tax that has

recently been satisfied.

2007-279 authorizing a transfer between two 2007 Budget Appropriation Accounts-Mr.

Parlow stated that this was a very small transfer for animal control.

Councilwoman Wenzel questioned whether or not we have to take a wounded

animal to the vet or could we just put them down. Mr. George stated that the law

reads that you must take care of them for the first 72 hours before euthanization

can be done. Councilwoman Wenzel stated that there is a new veterinarian in

town maybe we could work some kind of service contract with him for lower fees.

Mr. Parlow stated he would check on this for her.

2007-280 accepting and approving the Chief Financial Officer’s 2006 Corrective Action

Plan

2007-281 authorizing the Mayor to renew contract with Bollinger Insurance for

Prescription Plan, Fort Dearborn Life Insurance, Genworth Short Term Disability

Plan and the Horizon Dental Plan

2007-282 modifying the deductible (copay) paid by all non-contractual employees for the

prescription plan

2007-284 provisionally appointing Vincent Svirnelis to the Lavallette Public Works Department as a permanent part-time building maintenance worker at a rate of $10.40 per hour

Councilwoman Wenzel asked to have Resolution 2007-283 placed on the Off-Consent Agenda.

A Motion was by Councilwoman Wenzel approve the resolutions On-Consent (with the exception of 2007-283). The motion was seconded by Council President Zalom. Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted “Yes”. The motion passed.

RESOLUTIONS-OFF CONSENT:

2007-283 authorizing the purchase of office equipment for the Mayor’s Office / Council

Chambers

A Motion was made by Council President Zalom to approve Resolution 2007-283. The Motion was seconded by Councilwoman Filippone. Council Members Ardito, Zalom, Stogdill, Filippone and Lamb voted “Yes”. Councilwoman Wenzel voted “No”. The motion passed.

APPROVAL OF VOUCHERS:

2007-285 bills list in the amount of $270,894.04

A Motion was made by Councilwoman Filippone to approve the bills list. The Motion was seconded by Council President Zalom. Council Members Ardito, Zalom, Stogdill, Filippone and Lamb voted “Yes”. Councilwoman Wenzel voted “No” on PO #07-0954 and voted “Yes” on all others. The motion passed.

ORDINANCE ON FOR SECOND AND FINAL READING

Ordinance No. 2007-17(1028) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 24 OF THE BOROUGH CODE, ENTITLED “ELECTRICAL STANDARDS” SO AS TO REVISE SECTION 24-10 ENTITLED “RATES”

A Motion was made by Council President Zalom to adopt Ordinance No. 2007-17(1028). The Motion was seconded by Councilwoman Filippone. Mayor LaCicero opened the public hearing. There was no public comment. Mayor LaCicero closed the public hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted “Yes”. The ordinance passed.

UNFINISHED BUSINESS:

Council President Zalom stated that there is a seminar that the Mel/Jif is holding to reduce our premium by $250 for each member of Council that attends. She will be attending the January 17 seminar in Beachwood to get that the Borough discount.

Councilwoman Filippone asked if she and Councilman Stogdill could be signed up to attend that seminar as well.

Council President Zalom stated that Andrew Ciesla’s office is helping us out with the traffic light situation.

Councilman Ardito stated that the traffic light on Elizabeth Avenue is causing a problem by it being the only light that turns. All of the other lights are currently set to blink. The light seems to creep up on drivers and there are a lot of accidents because of it. He asked if we could have it blink as well.

Council President Zalom stated that the town has that one turn because it is the last one before the school and the police want to keep the traffic slowed down for that reason.

Councilwoman Wenzel stated that she thinks there are so many accidents there because the lights themselves are positioned on the side of the highway and do not hang directly over the lanes of traffic.

NEW BUSINESS:

Place to Place Transfer Application – Sherman Hospitality, LLC

Mayor LaCicero asked if a Public Hearing on this transfer is appropriate.

Mr. George stated that he doesn’t think a special meeting is necessary but a public hearing on the transfer at one of the town’s regular meetings is appropriate.

Mayor LaCicero questioned whether the transfer application was complete.

Mr. Parlow stated that the application is complete but the owner of the license would have to public notice in the newspaper when the hearing will be on the transfer.

Councilwoman Wenzel stated that she does not wish to see another circus like what happened with Lenny’s She does not think a hearing is necessary. The license is from Lavallette it should stay in Lavallette.

Mayor LaCicero stated that the person has two licenses and would like to only use one of those licenses instead of two.

Councilman Ardito stated that since this is also part of Toms River , the residents of Toms River who reside by the restaurant/bar should be able to speak on this also.

Mayor LaCicero asked when we should have the hearing.

Mr. Parlow suggested the 1^st meeting in January which is the 14^th.

Councilwoman Wenzel suggested that the first meeting in February looks better.

Mayor LaCicero stated that we will notify the applicant after the calendar of meetings is approved for the New Year.

COMMENTS FROM THE PUBLIC:

Clem Boyers, 20 Kerr Avenue asked why all this discussion about the comments in the minutes if the transcript cannot be changed anyway.

Mayor LaCicero stated that he thinks Councilwoman Wenzel just would like to verify what was said at the special meeting before she approves any minutes after that.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilman Ardito stated he went the Beach Sweeps meeting. Many people all over the state were in attendance. There are many good causes out there.

He also asked if the Rules of Order are the same as last year.

Mr. Parlow stated that there will be one change made to the Rules of Order. The agenda will be changed to add an additional section for public comment at the beginning of the meeting for people who do not plan to remain for the rest of the meeting.

EXECUTIVE SESSION:

A Motion was made by Councilwoman Wenzel to enter into Executive Session with no action being taken. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted “Yes”. The motion passed.

The Mayor and Council entered executive session at 8:50 pm.

Litigation:

Department of Environmental Protection

Personnel:

Deputy Municipal Clerk / Electric Collector

Professionals

Contract Negotiations:

PBA

Pella Windows and Doors

A Motion was made by Council President Zalom to reconvene the Regular Meeting. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Filippone voted “Yes”. The motion passed.

The meeting reconvened at 8:48 pm.

Mayor LaCicero and Councilman Lamb were not present due to conflict.

Council President Zalom presiding.

Council President Zalom asked Mr. George to summarize the contents discussed during the executive session.

Mr. George stated that in the matter of Pella Windows and Doors. The Mayor and Council discussed the finalization of negotiations on the Pella Windows and Doors claim. Mr. George stated that Mr. Parlow has received a release that he will be forwarding to the attorney’s office for review. This will resolve the matter. Mr. George stated that the PBA contract was discussed and the terms of an agreement have been accepted. Mr. George stated that the Mayor and Council reviewed the professional’s responses to the Request For Proposals including the Prosecutor, Auditor and Attorney. Mr. George stated that during the discussion of the attorney’s position he was not present due to conflict. Mr. George stated that the Mayor and Council also discussed the present status of the DEP litigation regarding the beach permit and the fact that the Borough was in front of the Court last week. He reported that there were significant discussions regarding the terms of the permit and whether the terms were ambiguous. Mr. George also reported that the positions of Deputy Municipal Clerk and Electric Collector were also discussed with those positions to be filled in January of 2008.

Mr. Parlow stated that Mayor LaCicero and Councilman Lamb were not present during the discussions regarding the PBA contract.

ADJOURNMENT:

A Motion was made by Councilwoman Wenzel to adjourn the meeting. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Filippone voted “Yes”. The motion passed.

The meeting was adjourned at 9:50 pm.

CERTIFICATION

I, CHRISTOPHER F. PARLOW, Municipal Clerk of the Borough of Lavallette, County of Ocean , State of New Jersey do hereby attest these to be a true copy of the minutes of the regular meeting of the Borough Council held on the 17^th day of December, 2007.

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk

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BOROUGH OF LAVALLETTE

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, December 3, 2007 – 7:00 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding.

ROLL CALL: Council Members Ardito, Lamb, Wenzel, Zalom, Filippone and Stogdill

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

Philip George, Borough Attorney

Donnelly Amico, Electric Collector

MOMENT OF CONTEMPLATION: Mayor LaCicero asked for a moment of contemplation for all our troops overseas that cannot be here for the holidays.

PLEDGE OF ALLEGIANCE: The Salute to the Flag was done by Council President Zalom

MAYOR’S WELCOMING STATEMENT: At this time, Mayor LaCicero asked if anyone wanted to speak about anything that was not on the agenda could do so now.

There was no public comment at this time.

APPROVAL OF CLERK’S MINUTES:

Regular Minutes of November 19, 2007-not approved

Executive Session Minutes of November 19, 2007 .

Bid Opening of November 29, 2007 – Borough Attorney

Bid Opening of November 29, 2007 – Borough Auditor

Councilwoman Wenzel made a motion to have Councilwoman Filippone’s entire statement removed from the Regular Minutes of November 19, 2007 . She stated that according to the bi-laws Council Members are not permitted to insult any of their fellow Council Members and she believes that Councilwoman Filippone’s statement was a direct attack on her.

Attorney Phil George stated that because the transcripts from the Special Meeting of November 16^th have not yet been received the minutes of November 19^th should not be approved yet.

A Motion was made by Councilwoman Wenzel to approve the Executive Session Minutes of November 19, 2007 and the two Bid Opening Minutes of November 29, 2007. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The motion to approve the Executive Session Minutes of November 19, 2007 and the two Bid Opening Minutes of November 29, 2007 was approved. The Minutes of November 19, 2007 were carried.

REPORTS:

a) Tax Sale Report for November 15, 2007-Councilman Stogdill-read from report

b) Planning Board Yearly Report for 2006-Councilwoman Filippone-too many pages to read

aloud. Mr. Parlow suggested that it be posted on the website for review. Councilman Ardito stated that it was a very well done report.

c) Planning Board for November 2007-Councilwoman Filippone-there were three cases in November. One case was postponed for the next meeting. The other two cases were approved.

d) Revenue Transaction Report for October 2007-CFO

e) Utility Report-Councilman Ardito-reported that a utility pole split in half on Newark Avenue due to the strong winds. The utility department was right on top of getting it fixed and there were no problems at all.

f) Public Affairs Report for November 2007- Council President Zalom - reported there was a lot of support for Hands Up for Brian from Lavallette. The Lavallette PBA is doing Toys for Tots again this year. The tree lighting will be held on December 7^th at 7 p.m. Everyone should try to attend. Trying to find out more about the TODS (Tourist Oriented Directional Signage) Program. Oyster Dinner was a big hit. Wonderful job to the Fire Department. She then asked to read a letter from Garry and Judie Pierson giving thanks to the Lavallette Police Department, especially Matthew Burk, Sergeant Justin Lamb and Sergeant Jon Andrews for keeping her husband alive. She then requested that this letter be put in each of their personnel files. Mayor and Council agreed.

A Motion to receive the reports was made by Councilman Lamb. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The motion passed.

PUBLIC COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS:

RESOLUTIONS – ON CONSENT:

2007-265 authorizing the cancellation of $134,494.30 of funds from the Electric Capital Improvement Fund and applying it to Ordinance 734 Improvements Authorizations Unfunded-Chris Parlow stated that the CFO has reported that there exists surplus funds in the Electric Capital Account that should be used to pay off the unfunded portion of Ordinance 734 which was used for the purpose of installing the underground feeders to the Lavallette Substation.

2007-266 accepting the placement of 22 benches to be placed on Grand Central Avenue and Hankins Park from the Lavallette Beautification Committee-Councilwoman Wenzel stated that the Beautification is also interested in putting a bench down at the Memorial Park. She questioned whether this Resolution was also for that one. Mayor LaCicero stated that the bench for Memorial Park was on hold for now.

2007-267 supporting the Over the Limit Under Arrest 2007 Year End Crackdown

2007-268 amending the authorized payment of unused sick time for Linda Vizzone

2007-269 authorizing budget transfers within the last two months of the year 2007 and the first three months of 2008-Chris Parlow stated that there was a need for some additional monies towards payroll costs, emergency management and monies to be transferred from beach salaries and wages to supplies for the beach.

2007-270 approving the collective bargaining agreement between the Borough of Lavallette and Teamster Local 469 (Public Works) for the period January 1, 2007 through December 31, 2010-Chris Parlow requested that this be pulled off the consent agenda and put off consent. He would like to discuss a few things in Executive Session. Mayor LaCicero pulled it off for discussion in Executive Session.

2007-271 approving the appointment of Arleen E. Maglionico to the position of temporary clerk typist for the Administrative Office for the period December 3^rd through December 31^st, 2007-Chris Parlow stated that the Administration will need this employee until the end of the year. Interviews for the Deputy Municipal Clerk and the Electric Collector will be sometime next week and we should have those positions filled before the end of the year.

2007-272 authorizing the salvaging of certain municipal vehicle deemed inoperable-Councilwoman Wenzel stated that these vehicles are inoperable. The Stafford Co-Op only auctions operable vehicles. There are two 1992 pickup trucks, 1982 Garbage Truck and a 1996 Chevy Caprice. Selling them for scrap metal is the only way to get something out of them.

2007-273 authorizing the renumbering of Block 13, Lot 29 known as 1201 Grand Central Avenue , Units 1 through 8 to 26 Philadelphia Avenue , Unit 1 through 8

A Motion was made by Councilman Lamb to approve the Resolutions on Consent, with the exception of Resolution 2007-270. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The motion passed. Resolution 2007-270 was carried to after the Executive Session.

RESOLUTIONS-OFF CONSENT

APPROVAL OF VOUCHERS:

2007-274 Bills List in the amount of $427,797.76

A Motion was made by Councilwoman Wenzel to approve the bills list. The Motion was seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. Council President Zalom abstained on PO #07-0960 and voted Yes on all others. The motion passed.

ORDINANCES ON FOR FIRST READING :

Ordinance No. 2007-17 (1028) – ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 24 OF THE BOROUGH CODE, ENTITLED “ELECTRICAL STANDARDS” SO AS TO REVISE SECTION 24-10 ENTITLED “RATES”

The Mayor recognized Administrator Parlow. Mr. Parlow stated that the current contract the Borough has with PSE&G allowed the current electric rates to be amongst the cheapest in the State. Mr. Parlow stated that the new contract price with DTE is much higher. Therefore, the Lavallette electric rates need to be increased in order to keep up with the high cost of supply. I did the calculations for the increase and had the calculations check by the consultant who represents the Public Power Association. The 2007 budget for electric power purchases was $1,355,000 and for 2008 it will be increase to $2,477,000; which is just about double. The new monthly base rate went from $10.25 to $14.75. The three other rates went up approximately 7 cents per kwh. These rates are still slightly under what JCP & L charges right now depending on usage. However, their prices are set to increase next year, as well. I will provide any data that is needed for the public hearing on December 17, 2007 . The new contract is for seventeen months because we have to be consistent with PJM scheduling period which runs through May of each year. One of the problems the Borough faces is a result of Borough’s capacity problems. The suppliers need the facilities to supply the Borough power on our worst day such as July 4^th at 4pm when the temperature reaches 95 degrees. That peak moment is what the capacity charges are based on. The four highest moments over a 12 month period is what they base our capacity charges on. Residents really need to start looking at the overall picture and conserve energy.

Councilman Ardito questioned whether we are ready for the solar power.

Mr. Parlow stated that right now it is very expensive. Is it cost effective, I don’t know. Would it help us, absolutely.

Councilwoman Wenzel suggested that a letter go out to residents explaining the increase. The Voters & Taxpayers have a newsletter going out maybe we could put something in there.

Mr. Parlow suggested putting the information on our website.

Councilwoman Filippone suggested information go out to all organizations in town about the increase.

A Motion to introduce Ordinance No. 2007-17 (1028) was made by Councilwoman Wenzel. The Motion was seconded by Councilwoman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The ordinance passed on first reading.

Public Hearing and Final Adoption of Ordinance No. 2007-17 (1028) is scheduled for December 17, 2007

COMMUNICATIONS

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Handicap Accessible

Sidewalks/#07104.00/Bid Review and Recommendation/Received November 19, 2007

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue, Coleman Lane & Ortley Avenue/#07021.00/NJDOT MA FY 2007/Borough of Lavallette/Notice of Award to Earle Asphalt Company/Received November 21, 2007

c) O’Donnell, Stanton & Assoc./Michael O’Donnell/Handicap Accessible Sidewalks/#07104.00 CT#740-05,777-06, 817-07/Borough of Lavallette/letter to NJDOT/Received/November 26, 2007

d) O’Donnell, Stanton & Assoc./Michael O’Donnell/Magee Avenue Road Improvements/NJDOT MA FY 2007/#06004.00/letter to NJDOT in reference to Change Order No. 2/Received November 26, 2007

e) O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue , Coleman Lane & Ortley Avenue Road Improvements/NJDOT MA FY 2007/#07021.00/Bid Award Recommendation/letter to NJDOT/Received November 26, 2007

f) O’Donnell, Stanton & Assoc./Michael O’Donnell/Handicap Accessible Sidewalks/#07104.00/CDBG #’s740-05,777-06 817-07/Notice of Award to Curb Con, Inc./Received November 26, 2007

g) O’Donnell, Stanton & Assoc./Michael O’Donnell/Stormwater Management Plan/letter to Ocean County Planning Board/Received November 29, 2007

h) O’Donnell, Stanton & Assoc./Michael O’Donnell/Handicap Accessible Sidewalks/Preconstruction Conference/#07104.00/Received November 29, 2007-Chris Parlow stated that he went to this meeting. Curb Con, Inc. is the contractor and they will be starting the project on Thursday, December 6^th and it should be completed within seven to ten days depending on the weather. Council President Zalom stated that this project is being covered under the CDBG grant. She also stated that the CDBG is now going to have their organizational meeting in November. She will need her resolution appointing her the representative for the town to be down in November instead of January starting next year.

New Jersey League of Municipalities:

a) Important Land Use Ruling/Received November 29, 2007

b) Mayor’s Survey/Received November 29, 2007

c) Legislative Alert: Redevelopment Law/Received November 27, 2007

d) Affordable Housing Update/Received November 21, 2007

e) Municipal Holiday Displays/Received November 26, 2007

f) Paid Family Leave/Received November 21, 2007

g) Legislative Developments/Library Funding and Public Contractors’ Relief/Received November 21, 2007

h) Important New Information from the Division of Local Government Services/Received November 21, 2007

General With No Action:

a) Stone Mandia, LLC/Richard B. Stone/letter with intent to withdraw the place to place application in reference Plenary Retail Consumption License #1515-33-002-004/Lenny’s Pizzeria/File NO. 32,951-M/Received November 29, 2007-Mr. Parlow stated that Lenny’s Pizza has decided to withdraw their application for the place to place transfer. Therefore, no further action will be taken.

b) Ocean County Joint Insurance Fund/PERMA/2008 Budgets/Received November 27, 2007

c) West Point Island Civic Association/letter of thanks to DPW for removing the junipers from the entrance of West Point Island/Received November 26, 2007

d) Commerce Risk Control Services/Loss Control Report/Safety report on the Playgrounds in Lavallette/Received November 13, 2007-Councilwoman Wenzel stated that there were some problems that needed to be fixed and they are on the DPW work list.

e) The Ocean County Utilities Authority/Richard M. Warren/Executive Director/Preliminary Estimate of 2008 Annual Charge/Received November 20, 2007

f) State of New Jersey/Department of Environmental Protection/Narinder K. Ahuaja, Director/Abbreviated version of the FY2008 Annual Fee Report and Assessment of Fees for the NJ Pollutant Discharge Elimination System/Received November 16, 2007

g) State of New Jersey/Department of Public Advocate/Division of Rate Counsel/Ronald K. Chen/Public Advocate/Stefanie A. Brand/Director/Division of Rate Counsel/Maria T. Novas-Ruiz/Assist. Deputy Public Advocate/Comments on behalf of New Jersey Division of Rate Counsel in Opposition to Cablevision of Monmouth’s Petition for a Declaration of Effective Competition/Received November 29, 2007

h) Ocean County Planning Board/Robin Florio/Administrative Analyst/CT-817-07/Handicap

Curbs-Sidewalks/Executed funding Approval/Budget and Subreceipient

Agreement/Received November 30, 2007

i) State of New Jersey/Department of Transportation/Michael Moran/Regional Maintenance

Engineer/Receipt of DOT Application/Received November 28, 2007

j) Jersey Central Power & Light/Ronald K. Lacey/Staff Consultant/Municipal

Notification/2008 Vegetation Maintenance Activities/Received November 28, 2007

k) New Jersey Future/2008 Smart Growth Awards Nominations/Received November 30, 2007

General With Action:

a) State of New Jersey/Department of Environmental Protection/Division of Parks & Forestry/Michael V. D’Errico/State Coordinator/Application for the 2008 Green Communities Challenge Grant/Received November 19, 2007-no action was taken.

b) Barnegat Bay National Estuary Program/Ocean County College/application for the 2008 Public Participation & Education Minigrant Program/Received November 20, 2007 -no action was taken.

c) Regular Republican Club of Lavallette/Rosangela Zaccaria, President/requesting the use of the Council Chambers to hold their monthly meetings/Received November 16, 2007-Mayor LaCicero requested a letter be sent approving the dates.

d) Office of the Ocean County Engineer/Frank S. Scarantino, P.E./Director of

Engineering/Structures from 5’-20’ span carrying public roads in Lavallette/Received

November 28, 2007-Mr. Parlow stated he spoke to Mr. Scarantino and they will take care of

reporting our only bridge going over to WPI.

UNFINISHED BUSINESS:

Council President Zalom stated that she spoke to Manchester Township in reference to the ice skating rink. Manchester purchased one but couldn’t put it up because they had so much vandalism in that park. They are going to get back to me about maybe selling it to us at a discount price. Maybe we could put it at the ball field.

Councilman Ardito requested that the Mayor wait until the end of the week to call a meeting for the Parking Committee. The Voters & Taxpayers Association cancelled their meeting last month so we will have two people to put on your committee this week.

NEW BUSINESS:

Councilman Ardito questioned something he received in his box in reference to a liquor license transfer expansion.

Mr. Parlow stated that Sherman Hospitality, Inc. which is owned by Kim Pascarella is requesting a place to place transfer. Gabriella’s Restaurant is in Toms River so he has a Toms River license. He also has a bar on the Lavallette side called Pete’s Poolside Bar which is the license he holds here. He wants to utilize the Lavallette license for both bar and restaurant. That would leave the Toms River license free to possibly sell to the highest bidder. His application is based on the premise that the establishment is located in two different municipalities and technically should only require one license.

Councilwoman Wenzel stated that Public Works would like to start painting again for their winter work schedule. We still have the paint we just need someone to decide on the colors.

Mr. Parlow suggested that Michele, Donnelly, himself and Beth get together on picking the colors. All were in agreement.

Mr. Parlow also stated that he went down to the League of Municipalities and spoke to some furniture vendors about the Mayor’s Office. He has been in contact with four suppliers and he should have a proposal with pricing for the next meeting.

Councilwoman Filippone stated that she spoke to Hertz Furniture down at the League and suggested Mr. Parlow contact them also.

COMMENTS FROM THE PUBLIC:

Bill Kinney, 23 Philadelphia Avenue-questioned the electric rate doubling and wanted to know if it included the distribution cost also.

Mr. Parlow stated that the 14 cents is not just the cost of energy included in that rate is everything that goes with the cost of energy.

Councilman Lamb stated that within the costs are the poles, wires and transformers we have to maintain.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilman Stogdill stated that the Borough of Lavallette will be participating in the LUCA Program for the 2010 Census. Every address in Lavallette will receive a card in the mail from the Census Bureau. Fill out the card using Lavallette as your primary residence and mail back. The more residents who use Lavallette as their primary residence the more it helps the town with grant money and it helps with storm data.

EXECUTIVE SESSION:

Contractual Matters – Teamsters 469 Contract – Public Works

A Motion was made by Council President Zalom to enter into Executive Session. The Motion was seconded by Councilwoman Wenzel. Vote: All Council voted Yes. The motion passed.

Council adjourned into Executive Session at 8:25 p.m.

Mayor LaCicero excused himself from the meeting due to conflict.

A Motion was made by Councilman Stogdill to resume Regular Session. The Motion was seconded by Councilwoman Wenzel. Vote: All Council voted Yes. The motion passed. Council resumed Regular Session at 8:40 p.m.

Council President Zalom presiding.

Council President Zalom asked the Borough Attorney to summarize the content of the Executive Session.

Attorney Phil George stated that, as noted, the Council discussed Resolution 2007-270 which is the approval of the Teamster 469 labor contract. An agreement has been reached, however the document was not submitted to Mr. Parlow for signature by the designated Borough representatives until 1:00 p.m. today. The document contained some changes, some which were inadvertent and some were changes to the recommendation. A memorandum of understanding that details those changes has been executed. The request and the discussions were to allow the Mayor to sign the agreement so that the process begins and the contracts are finalized. Mr. George recommended that Resolution 2007-270 be approved.

Resolution 2007-270 approving the collective bargaining agreement between the Borough of Lavallette and Teamster Local 469 (Public Works) for the period January 1, 2007 through December 31, 2010

A Motion was made by Councilman Lamb to approve Resolution 2007-270. The Motion was seconded by Councilwoman Stogdill. Vote: All Council voted Yes. The motion passed.

ADJOURNMENT:

A Motion was made by Councilwoman Wenzel to adjourn the meeting. The Motion was seconded by Councilwoman Ardito. Vote: All Council voted Yes. The motion passed.

Meeting was adjourned at 8:42 p.m.

CERTIFICATION

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk

BOROUGH OF LAVALLETTE

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, November 19, 2007 – 7:00 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding.

ROLL CALL: Council Members Ardito, Lamb, Wenzel, Zalom, Filippone and Stogdill

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

Philip George, Borough Attorney

Donnelly Amico, Electric Collector

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 Ocean County Observer, Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 12, 2007 . Notice was posted on the Municipal bulletin board.

MOMENT OF THOUGHT: The Mayor asked for a moment of thought for all the troops overseas that won’t be home for Thanksgiving.

PLEDGE OF ALLEGIANCE: Councilman Ardito led the Pledge of Allegiance.

MAYOR’S WELCOMING STATEMENT: At this time, the Mayor asked if anyone in the audience wanted to speak on anything that was not on the agenda could do so now.

Greg Sharkey, 3 Bond Avenue thanked the Mayor and Council for a great meeting on Friday, November 16^th. He felt it was handled very professionally and fair. He also wished to thank Mr. Parlow and Mr. George for their assistance in providing the requested records.

Council President Zalom suggested that this part of the agenda be modified to include public comment for those who do not wish to remain at the meeting.

Mr. Parlow suggested modifying the bi-laws at the January Reorganization Meeting.

SPECIAL PRESENTATION: The Mayor presented Chris Barbarito with the award and pictures were taken with his family along with the Chief of Police and the Mayor. Mr. Barbarito assisted in an ocean rescue that took place in August.

APPROVAL OF CLERK’S MINUTES: