Available Minutes from 2007

Click on meeting date to drop down to the minutes.

BOROUGH OF LAVALLETTE

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, December 17, 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 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  

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 3^rd day of December, 2007.

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk

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:

October 29, 2007 Regular/Caucus Meeting                 

October 29, 2007 Executive Session

Bid Opening on November 2, 2007 (Road Improvements for White Avenue , Coleman Lane and Ortley Avenue )

 Bid Opening on November 16, 2007 (Handicap Accessible Sidewalks)

A motion was made by Councilwoman Wenzel to approve the Minutes. The motion was seconded by Councilman Lamb.  Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb all voted Yes.  Councilwoman Filippone abstained on the October 29^th minutes because she was not present and voted Yes to the Bid Opening Minutes. The motion passed.

REPORTS:

a)         Police Report for October 2007-Councilwoman Filippone-read from report

b)         Public Works Report for October 2007-Councilwoman Wenzel-read from report.  There has been a lot of use of the ball field and it is in dire need of care.  We received an estimate of $1,000 to clean it up.  Budget wise it maybe should come out of Parks & Playgrounds, however; our playgrounds were inspected by the state and repairs need to be done there also. I spoke to some of the people involved with the soccer and they are interested in donating some of the costs to clean up the field.  Mayor LaCicero questioned why the silhouettes aren’t up.  The geese are back on the ball field because the silhouettes are not there.  The players need a clean field.  Councilwoman Wenzel stated that the fencing for the field will be put into next year’s budget.  She also stated that she would like to get the recycling containers for the residents for recycling pickup.  The containers are labeled with exactly what should go into them.  The money could come out of Recycling Trust or even have the residents pay a fee for them.  Also, the Beautification Committee has some concerns with Public Works.  We need to have a meeting with them, myself, Gary, Chris and the Mayor and discuss some of these concerns.  The recycling calendars were wonderful this year and I would like to have them done again next year.   The old fire truck is ready to be retrofitted.  The cost is estimated at $22,770.  Councilman Lamb stated that it is a great truck and it needs to be used.  Mr. Parlow stated that because it is over the bid threshold we will probably have to go out to bid.  The Mayor suggested seeing if maybe the cost could be brought down some.  Councilwoman Wenzel stated she will look into that.

c)         Municipal Court Report for October 2007-Councilwoman Filippone-read from report

d)         Public Affairs Report for October 2007-Council President Zalom stated that she received a flyer on an ice rink that can be put on any hard surface.  She suggested maybe looking into it for the bayfront down at the hockey rink or the basketball fields.  Councilman Lamb stated that sounds like a good idea.  It will keep the kids off the bay when it freezes.  Council President Zalom stated that the bus is back.  It broke down but Coast Cities repaired it and now it is running good.  The problem we are having is the bus drivers.  Jim Haag was always our driver but because we haven’t had a bus in so long he didn’t renew his bus license.  We have a couple of bus drivers but we could use more.

e)         Planning Board Report for October 2007-Councilwoman Filippone stated that there were only one case which was the Lavallette Pizza expansion and it was approved with many conditions.

f)          Animal Control Report for October 2007-Councilwoman Filippone-read from report

g)         Zoning Report for October 2007-Councilwoman Filippone-read from report    

h)         Tax Account Status for October 2007-Tax Collector

A motion to receive the Tax Account Status Report was made by Councilwoman Filippone. The motion was seconded by Councilman Lamb.  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:

2007-254         designating the national incident management system (NIMS) as the basis for all incident management in the Borough of Lavallette

2007-255         requesting that the Director of Local Government Services approve the insertion of an item of revenue in the budget year 2007 in the sum of $30,000 which is now available as revenue from:  County of Ocean-Community Development Block Grant-Councilman Ardito questioned what this was about.  Mr. Parlow stated that this was the project on Bay Boulevard for the Handicap Accessible Sidewalks.  The grant needs to be approved using a Chapter 159 resolution because it was not part of the adopted budget.  

2007-256         authorizing the Treasurer to refund the following credit balance in the amount of $3,134.67 due to an erroneous payment of taxes.

2007-257        authorizing the issuance of a 50/50 On Premise Raffle (RL-377) to the Lavallette PTA to be held on December 14, 2007        

2007-258        designate the salaries for all non-contractual employees for the Year 2007 effective January 1, 2007 .

2007-259        authorizing the Chief Financial Officer to make transfers to certain 2007 Budget Appropriations Accounts- Mr. Parlow stated that some of the transfers were Animal Control $250.00 for classes, $1,000 for street lighting due to JCP&L increases, $13,000 for engineering, $18,000 for Gas & Oil due the increase in gas prices, and $8,000 in computer maintenance due to some software upgrades.

 2007-260       accepting the retirement of Linda Vizzone and authorizing payment of unused sick time-Council President Zalom stated how very sad she was about Linda’s retirement.

2007-261        appointing temporary boardwalk laborers for the Dept. of Public Works at an hourly rate of $10.00 for a period starting November 1, 2007 thru May 30, 2007    

A motion to approve the consent agenda was made by Councilwoman Wenzel. 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:

2007-262         authorizing the award of a contract to Earle Asphalt Company for road improvements to White Avenue, Coleman Lane & Ortley Avenue in the amount of $64,713.13.

A motion to approve Resolution 2007-262 was made by Councilwoman Wenzel. The motion was seconded by Councilwoman Filippone.  Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The motion passed.

2007-263                 authorizing the award of a contract to Curb Con, Inc. for the installation of handicap

                        accessible sidewalks at various locations including concrete curb construction with           

                        pavement reconstruction, detectable warning surface installation, aluminum hand rail              

                        installation, grass restoration and all other work, including all work necessary and   

                        incidental thereto in the amount of $37,870.00.-Council President Zalom stated that  

                        very little money comes out of the Borough’s pocket because of the CDBG grant.

A motion to approve Resolution 2007-263 was made by Council President Zalom. The motion was seconded by Councilwoman Wenzel.  Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The motion passed.

APPROVAL OF VOUCHERS:

2007-264         Bills List in the amount of $ 511,910.88

A motion to approve the bills list was made by Councilwoman Wenzel. The motion was seconded by Councilman Lamb.  Council Members Ardito, Wenzel and Lamb all voted Yes.  Council President Zalom voted Yes but Abstained from PO #07-0904.  Councilman Stogdill voted Yes but Abstained from PO #07-0168-12.  Councilwoman Filippone voted Yes but Abstained from PO #07-0868. The motion passed.

COMMUNICATIONS:

Engineering:

a)  O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue, Coleman Lane & Ortley Avenue Road Improvements/Bid Review/Recommendation//Received November 5,

b)  O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue , Coleman Lane & Ortley Avenue Road Improvements/letter to O.C. Engineering Dept./Ms. Ganeen Giberson/Received October 22, 2007

c)  O’Donnell, Stanton & Assoc./Michael O’Donnell/Tennis Court Resurfacing/letter to American Tennis Courts, Inc. rejecting the bid/Received October 15, 2007

d)  O’Donnell, Stanton & Assoc./Michael O’Donnell/Magee Avenue Road Improvement/letter NJDOT/Adam Iervolino/Final Reimbursement/Received October 15, 2007

e)  O’Donnell, Stanton & Assoc./Michael O’Donnell/Stormwater Management Plan/letter to O.C. Planning Board/John Brown/Received October 17, 2007

f)  O,Donnell, Stanton & Assoc./Michael O’Donnell/Cafra Individual Permit Application/Ocean Beach & Dune Maintenance Activities/Block 72 Lot 1/Block 952.04 Lot 22/Received November 13, 2007-Mr. Parlow requested a meeting on this with the Supt. of Public Works, Councilwoman Wenzel, himself, the Mayor and the Engineer. 

New Jersey League of Municipalities:

a)  Get Answers to your Questions/Received October 26, 2007

b)  New Towing Regulations Law/Chapter 193 (A-4053)/Received October 26, 2007

c)  Governor Signs New Towing Regulation Law, A-4053/Received October 23, 2007

d)  Senate Approves COPS Funding/Received October 22, 2007

e)  Important Conference Sessions/Intergovernmental Relations/Received October 18, 2007

f)  House Fails to Override President’s Veto of Children’s Health Bill/Received October 22,     

     2007

g)  Solid Waste Facility Siting Loop-Hole Closed in House-Passed Bill/Received October 22,

h)  Important Conference Sessions/Seniors, Youth and Others/Received October 26, 2007

i)   The “Sign Code Shakedown” Coming Soon to a New Jersey Town Near You/Received

     October 26, 2007

j)  Urgent Action Needed on Solid Waste Loophole/Received October 26, 2007

k)  Important Conference Sessions/Quality of Life Issues/Received October 22, 2007

l)   New Information from the Division of Local Government Services/Received October 22,

     2007

m)  Important Conference Sessions/Finance/Received October 15, 2007

n)  Invitation to a Conference on Innovative Global Warming Solutions/Received October 17,

     2007-Councilwoman Wenzel requested to go to this conference.  She doesn’t think there is a fee for it but she feels it will be very informative.

o)  Paid Family Leave/S-2249/Received October 17, 2007

p)  Proposed Rules on Pedestrian Safety/Received October 17, 2007-Council President Zalom requested Mr. Parlow look into this and see if we could use the information.

q)  Inventory and Inspection of County/Municipally Owned Culverts/Received October 12,

     2007

r)  Meeting with Commissioner Doria/Received October 12, 2007

s)  Public Advocate Report on Disability Access to Voting in New Jersey /Received November

    5, 2007

t)   Important Conference Sessions/Personnel/Labor Relations/Received November 7, 2007

u)   Schedule for Mandatory Land Use Education Courses/Received November 5, 2007

v)   Local Government Finance News/Received November 6, 2007

w)  Conference Highlight Environmental Infrastructure Funding/ November 5, 2007

General with No Action:

a)  New Jersey Regional Coalition/Statewide Public Safety Assembly on Sunday November 4, 2007 /Marty Johnson, Chair/Received October 16, 2007

b)  League of Women Voters/Workshop Meeting on November 14, 2007/Lois Jacobsen/Sheila McVeigh/Received October 16, 2007

c)  Candle Lighting/Shannon Furey/Inspirational Candle Lighting Ceremony on November 8, 2007 for those with Alzheimer’s Disease/Received October 16, 2007

d)  County of Ocean/Dept.of Consumer Affairs/Jamie Henninger/Administrative Clerk/rebate check in the amount of $2,388.60 for the Construction Code Services for the 3^rd quarter, 2007/Received October 16, 2007

e)  Ocean County Municipal Joint Insurance Fund/Perma, Inc./Public Hearing/2008 Proposed Budgets/Received October 19, 2007

f)  Municipal Excess Liability Joint Insurance Fund/David N. Grubb , Executive Director/Elected Officials’ Training Seminars/Received October 22, 2007

g)  PMK Group Environmental/Annual Stormwater Training Assistance Now Available/Received October 23, 2007

h)  Remington & Vernick Engineers/Legislative Brief/Proposed NJDEP Rules to Increase Wetlands Restrictions and Compliance Costs/Received October 23, 2007

i)  NJ Alliance for Action, Inc./Clifford J. Heath, Senior Vice President/inviting the Mayor and Council to attend the Ocean County Alliance for Action Chapter Meeting on November 16, 2007/Received October 24, 2007

j)  State of New Jersey/Dept. of Environmental Protection/Robert Sobeleski, Bureau Chief/Notice of Violation/Public Works/Biennial Certification/Received October 24, 2007                                                                                                 

k)  Brinkerhoff Environmental Services, Inc./Doug Harm, P.G./Proposal for Environmental Services for Preparation of Biennial Certification/Received October 26, 2007

m)  New Jersey American Water/Lendel G. Jones, Vice President/shortage of water fluoridation/Received October 26, 2007

n)   Ocean County Utilities Authority/Joanne Kazanowsky, Executive Assistant/letter in reference to the approval of a contract with Andritz Separation, Inc. for the management, operation and maintenance of the Authority’s Fertilizer Manufacturing Facility/Received October 26, 2007

o)  State of New Jersey/Dept. of Transportation/Michael Moran, Regional Maintenance Engineer/acknowledgement of application no. LSC-035-2-08-0005510/Received October 26, 2007

p)  Borough of Lavallette Planning Board/Rosemary Robertson, Secretary/Proposed Zoning Ordinance Amendments/Received October 29, 2007

q)  State of New Jersey/Dept. of Transportation/John P. Jamerson, Project Engineer/Route 35 Drainage Improvements/Received October 30, 2007

r)  United States Coast Guard/Proposed Modification to the Regulations Governing the Operation of Four Cape May County Bridge Commission Bridges in New Jersey/Waverly W. Gregory, Jr., Chief of the Bridge Admin. Branch/Received October 30, 2007

s)  Office of the Ocean County Engineer/Alan R. Rissmiller/Road Maintenance Restoration for Snow Removal Operations/Ocean County/Received November 2, 2007

t)  State of New Jersey/Dept. of Environmental Protection/Linda Jordan, Outreach Coordinator/letter in reference to promoting radon awareness and testing/Received November 5, 2007

u) Cablevision/Adam E. Falk , Vice President/Tariffs/Received November 7, 2007

v)  Ocean County Utilities Authority/Richard C. Kunze, Director/OCUA Surcharge Third Quarter 2007/Received November 8, 2007

w)  Multi-State ISAC/booklets for overall educational effort to enhance state and local government cyber security preparedness/Received November 5, 2007

x)  Lavallette Beautification Committee/Pat Marrone, Chairman/Research on Modular Multi Bin Newspaper Racks for Grand Central Avenue /Received November 9, 2007

y)  County of Ocean/October 2007 Recycling and Compost Reports/Arthur P. Burns, Superintendent/Received November 14, 2007

General With Action:

a)  State of New Jersey/Department of State/Judith P. Feneles/Executive Director/letter requesting the Mayor and Council’s nomination of a deserving individual for the King Commission’s 2008 Drum Major Awards/Received October 29, 2007-Council President Zalom questioned whether or not we could put Jean Lane’s name in for this because she does so much with children.

b)  Knights of Columbus/Michael F. Fahey, Jr./asking for permission to place a container at the recycling center on Washington Avenue for used eyeglasses/Received October 30, 2007-Permission was granted.

c)  Carmella Stefanelli, 23 Newark Avenue/requesting only one parking space to be in front of her house/Received October 30, 2007-Mayor LaCicero requested this be referred to the Chief of Police and the Parking Committee.

d)  Lavallette Beautification Committee/Pat Marrone, Chairperson/requesting a resolution from Council for the acceptance of 22 new Dumor Streetscape Benches #57-60PL-Pat Marrone of the Beautification Committee thanked all the residents and visitors for their purchases.  She stated that they have been selling benches since 2004 and have made an estimated $90,000 for the town.  However, this project is coming to and end.  These 22 benches will most likely be the last sales.  There really isn’t much more places to put them.  She also requested that Public Works remove the old benches that are still next to the new ones.  Mayor LaCicero stated that a Resolution will be done for the next meeting of December 3, 2007 to accept the benches.

e)  Independence Court Condominium Association/David Hunt, Trustee ICCA/application of change of address for Council Approval/1201 Grand Central Avenue/Received November 2, 2007-Mr. Parlow stated that these homeowners at this address would like to change it to the side street of Philadelphia for emergency purposes.  The property faces Philadelphia and nobody can find them because of that.  The Ordinance establishes that it can be done.  First they must file the application and get approval from Council.  This will require a change to the tax map, also.  Mayor LaCicero requested they attorney draft a resolution for the next meeting of December 3, 2007 .

f)  National Multiple Sclerosis Society/requesting permission to hold their 17^th Annual Bike MS “Coast the Coast” Ride to be held on May 17^th and May 18^th, 2008-Permission was granted.  Mr. Parlow will send them an approval letter.

g)  Ocean County Municipal Joint Insurance Fund/Perma, Inc./2007 Dividend/requesting the Municipality to indicate what option we prefer the dividend/Received October 26, 2007-Mr. Parlow stated that we usually have them take it off of next year’s bill.  He also stated that the dividend was higher this year than last year.

h)  Ocean County Planning Board/David J. McKeon, Planning Director/requesting the Mayor to contact the NJDOT in reference to locations that need dredging in town/Received November 9, 2007-Mayor LaCicero stated that he already spoke to Mr. McKeon on this subject and they will be meeting after the Thanksgiving holiday.

i)  Kean University/David Shani/Director/MBA Program/requesting the participation in the Kean University Master of Business Administration Program being offered in 2008/Received November 13, 2007

j)  Ocean County Planning Board/Brian McConaghy, Program Monitor/2008 Ocean County Community Development Block Grant Program Schedule/letter informing us of the schedule and needing someone to attend/Received November 13, 2007-Council President Zalom stated that she will be attending this Program meeting.  It is usually held in January but this year they decided to get a head start and hold it in November.

UNFINISHED BUSINESS:

Mayor LaCicero stated that he met with Mrs. Weakly and her friends along with the Chief of Police and they think they have an idea as to how to fix this.  He was not at liberty to discuss this but said he would keep the residents posted.  He questioned whether or not Councilman Ardito had any luck with putting together the Community Support Group.

Councilman Ardito stated that he was waiting for the Chief of Police to get back to him and give him guidance.

Mayor LaCicero stated that the sink hole on Washington Avenue that they thought was taken care of has returned. 

Council President Zalom stated that she spoke to Clint Griggs and he said they will be out to fix the problem again.

NEW BUSINESS:

Public Works - Vehicle Identification

Councilwoman Wenzel stated that it was requested to her that the Public Works vehicles be identified with the department and some kind of number.  She didn’t think it was necessary because they all have the Lavallette logo but she has no problem with it being done.

Councilman Ardito stated that they should be numbered for identification purposes only. 

Councilwoman Wenzel stated that Public Works has completed their paper for first responders in reference to the inoculations for the Ocean County Health Dept.  She questioned whether Council should be doing this also. 

Mr. George stated that policymakers are required to respond but can wait.

Mayor LaCicero requested that the letter from the O.C. Health Dept. be accepted as part of the Communications.  All were in favor.

Councilman Ardito stated that he would like to amend Ord No. 2007-16 (1027) to change the distance to 200 feet.  He feels this is acceptable and reasonable and that it also the State requirement for the distance from schools and churches.

Council President Zalom stated that she didn’t have a problem with the 450 feet.  She agrees that 200 feet is better.  

Mayor LaCicero stated that procedurally there are time constraints that would prevent the adopted of a new ordinance prior to year end. He recommended that January would be a more appropriate time to discuss this issue.

Councilman Ardito stated that he would withdraw his proposal and save it for the first meeting after reorganization.

Mr. Parlow stated that the special meeting held on Friday was recorded and video taped.  It will be aired on Cablevision on November 30, 2007 .

Mr. Parlow stated that a new electric contract has been approved.  Our electric rates are going to have to be raised due to the increase of purchase costs.  The conceptual budget for 2007 for electric was $2,052,000 and the projected cost for 2008 will be $3,225,000.  He stated that he will have an ordinance prepared for the first meeting in December.    

COMMENTS FROM THE PUBLIC:

Pat Marrone, Beautification Committee-she stated that the committee did a lot of research in reference to the newsracks along Grand Central Avenue .  Our recommendation is changing the newsrack bins we have now to what they call modular units with multiple bins.  Morristown Green and Highland Park already have these types of racks.  They will look nicer and consolidate the papers so we don’t have so many of them on the sidewalks.  It has become more of a safety problem also.  They are an intrusion.  In front of the Post Office you can’t even get out of your car and step up on the curb you have to walk around the racks.  Before the committee does anymore research on this subject we need some we will need some kind of commitment from Council that this is going to happen.  If you agree with this idea that would require the Ordinance being changed to only allowing modular units with bins.  She also recommended raising the permit fee for the news racks themselves.

Mayor LaCicero stated that they were very grateful for all the time and effort the committee has put into this.  We need to get an estimate on how much it’s going to cost to put it in the budget.

Mrs. Marrone stated that the estimated price is $24,000 and they would need to place an order in February to be in time for the summer season.

Councilman Ardito stated that he would offer his help to her on this project.

Mayor LaCicero stated that Council is in support with this project to the fullest.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilman Ardito thanked Mr. Parlow for setting up a wonderful meeting on Friday, November 16.  It was a very well handled meeting.  Thanks to the two George’s at the school, also.

Councilwoman Wenzel stated that she was not able to attend the League of Municipalities.  She stated that the Supt. of Public Works, Gary Schlosser, was given an award for Supt. of the year at the League.  There was a big breakfast in his honor.

Councilman Stogdill stated that the school is opening there 25 year old time capsule on May 31.  This is mostly a word of mouth event so please pass the word around.

Council President Zalom stated that the League was very fulfilling.  The speaker for the women in leadership was phenomenal.  Her name was Dr. Francese.

Councilwoman Filippone requested that a following statement be read into the record in its entirety.

For the past eleven months as a Council Member for the Borough of Lavallette, I believe I have proven myself to be equal in competence, dedication, productivity, and objectivity as those who preceded me in this chair, as well as, those who currently sit along side me. The work of government is certainly interesting, challenging, and gratifying in many ways but the malevolence of politics is disconcerting to say the least.

Last week, I attended the New Jersey League of Municipalities convention in Atlantic City . While there, I attended several sessions and other presentations where ethics and civility in government and politics were the focus. I listened to notable speakers including U.S. District Attorney, Christopher Christie, Governor Corzine, Senator Lautenberg, and a quite remarkable young woman named Dr. Paula Franzese who currently serves as the Chair of the State Ethics Commission of New Jersey. She is a Professor at Seton Hall University Law School , and was the Special Ethics Council to Governor Cody. Her remarks were particularly poignant and go to the very heart of my disdain at the insidious and borderline slanderous accusations made against me by one of the members of this Council last Friday evening.

Dr. Franzese stated that integrity is “when the outside matches the inside.” She spoke of the importance of returning civility to our political arena stressing that it must come from within and remains the responsibility of each of us who serve.

On October 15, 2007 , I received a phone call at home from Councilwoman Wenzel explaining that she would not attend our Council Meeting that evening because she had a campaign related function. She was concerned that there was some kind of clandestine plan on the part of the Republican members of this body to un-table the ordinance which would have abolished the distance between plenary licenses and amend it with some specific numeric distance and “push it through” in her absence. I assured her that no such plan existed and that the zero ordinance proposal had to be voted upon before any new ordinance proposal could be made. Any “new” specific distance ordinance would, at second reading, be addressed at the legally required public hearing before a vote could be taken. She was relieved to hear that and more comfortable with the fact that she would not be in attendance. Amazing, how this junior Councilmember seemed to know more about the procedure than the senior Councilmember posing the question.

When the 450 foot Ordinance, ruled by ethical and legal by our Borough Attorney, was introduced that evening, Mrs. Wenzel was indeed not in attendance and during the nearly five weeks that followed, never once did she question me or anyone else that I know of as to why or how this new proposed ordinance was constructed. Instead, her insinuations and near disparaging suggestions of impropriety on my part were presented as a justification for her own decision making on this issue last Friday evening. She implied that I was in need of some kind of direction, permission, and/or assistance in doing my job. I assure Mrs. Wenzel that I always do my homework on the issues that come before this body and stand by my right and my responsibility to continue to make decisions based on my own findings. Your failure to investigate the details of the proposed ordinance before last Friday’s meeting was through no fault of my own. For the record, specifics of my work on this issue were not accomplished alone or without input from many ... the Mayor, the Business Administrator, Council members Zalom, Lamb, and Stogdill, and certainly our Borough Attorney were not only consulted but served in an advisory capacity both on the pro and on the con sides of this issue. All you had to do, Mrs. Wenzel was ask and you, too, could have contributed to this endeavor and obtained the answers to your questions. But no...you stand there in judgment of others as if your sense of morality, ethics, and integrity is superior to that of your colleagues. I, for one, will not accept that insult from you or anyone.

I might remind you that when questioned about your own knowledge or complicity in other matters before this Council, you sat in silence, purporting your innocence with your seemingly pleasant exterior demeanor. I will also remind you of the words of Dr. Franzese... integrity is when the outside matches the inside. You be your own judge... in my faith, I will be judged by God, not by you.  Thank You.

Mayor LaCicero stated that he looks forward to another good year.  These meetings have been going very well.  Everything seems to be functioning well.  He hopes everyone has a great Thanksgiving.

EXECUTIVE SESSION:

Collective Bargaining Agreements

A motion was made by Council President Zalom to enter into executive session. The motion was seconded by Councilwoman Wenzel. All were in favor. The motion passed. Mayor and Council entered into Executive Session at 9:07 pm .

Mayor LaCicero excused himself from the executive session due to conflict.

The Council reentered regular session at 9:44 pm .

Council President Zalom presiding. Councilmen Lamb was not present; he excused himself during the executive session due to conflict.

Council President Zalom asked the Borough Attorney to report the contents that were discussed during executive session. Mr. George reported that the first item discussed, with Councilman Lamb present, was the status of the Public Works contract. It appears the contract has been settled and the Council will now move on the final agreement for signature prior to the end of December. Councilman Lamb then left the executive session due to his conflict. The next matter discussed was the PBA contract. The Council discussed a number of matters that have been resolved but there are still a number of matters still pending. Those matters include management prerogatives and insurance. Those matters will still be discussed and negotiated. Mr. George reported that there will be no action taken at this time.

 ADJOURNMENT:

A motion to adjourn the meeting was made by Councilwoman Wenzel. The motion was seconded by Councilman Stogdill. Vote: All voted in favor of. The motion passed. The meeting was adjourned at 9:44 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 19^th day of November, 2007.

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk

SPECIAL MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE ELEMENTARY SCHOOL

FRIDAY, NOVEMBER 16, 2007 – 6:00 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding, called the meeting to order at 6:00 pm .

ROLL CALL: Council Members Ardito, Lamb, Wenzel, Zalom, Filippone and Stogdill all were present.

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

                        Philip George, Borough Attorney

READING OF THE OPEN PUBLIC MEETINGS ACT STATEMENT: Municipal Clerk Parlow read the Open Public Meeting Statement as follows: Notice of this meeting complies with the Open Public Meetings Act. Notice was published in the Ocean Star on October 19, 2007 and notice was provided to the Asbury Park Press and Ocean County Observer.  Notice was also posted on the Municipal Bulletin Board.

MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence.

PLEDGE OF ALLEGIANCE: Council Lamb lead all in attendance in the Salute to the Flag.

RESOLUTIONS:

2007-252B      declaring Rules of Order for Special Hearing on Ordinance No 3-6 on November 16, 2007 .

A Motion was made by Councilman Ardito to approve Resolution 2007-252B. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted “Yes”. The motion passed.

CORRESPONDENCE:

Legal:

a)   Letter from Philip George to Richard Stone, Esq. in reference to Lenny’s Pizzeria Place to Place Transfer Application/October 29, 2007 

b)  Letter from Philip George to Greg Sharkey in reference to Opra Request for Records dated October 23, 2007 for Lenny’s Pizzeria Place to Place Transfer Application/October 30, 2007

c)   Letter from Philip George to Greg Sharkey in reference to Opra Request for Records dated October 23, 2007 for Lenny’s Pizzeria Place to Place Transfer Application/November 2, 2007

d)  Letter from Philip George to Greg Sharkey in reference to Opra Request for Records dated October 23, 2007 regarding Lenny’s Pizzeria Place to Place Transfer Application/November 5, 2007

General with No Action:

a)  Joseph Baginski/3 Trenton Avenue/letter in favor of the liquor license transfer for Lenny’s Pizzeria/Received November 1, 2007

b)  Larry and Linda Adams, 307 Grand Central Avenue /letter opposing the liquor license transfer of Lenny’s Pizzeria/Received November 5, 2007

c)  Michael Vastola, 19 Bond Avenue/letter opposing the change in the 1500 ft required distance/Received November 7, 2007

d)  Jessica Kubida/113 Kerr Avenue/letter in favor of Ordinance No. 2007-13/Received November 9, 2007

e)   Edward Rapoza/letter opposing Ordinance No. 2007-16 and the liquor license transfer/Received November 13, 2007

f)  James Loughman/26 White Avenue /letter opposing Ordinance 2007-16 and the liquor license transfer/Received November 13, 2007

g)  Adam Fischer/10 Bond Avenue/letter opposing Ordinance 2007-16 and the liquor license transfer/Received November 13, 2007

h)  Michael Azarian/108 New Brunswick /letter opposing Ordinance 2007-16 and the liquor license transfer/Received November 13, 2007

i)  Louis Russoniello/letter in favor of Lenny’s Pizzeria/Received November 14, 2007

j)   Christian Larsen/109 Ortley Avenue/letter opposing Ordinance No. 2007-16 and Lenny’s transfer.

k)  Margo & Ed Camacho/269 Monterey Circle/letter in favor of Lenny’s Pizza/Received November 14, 2007

l)  Ralph Aloia/letter in favor of Lenny’s Pizza transfer/Received November 15, 2007

m)  Anthony Cataline/201 Westmont Avenue/letter in favor of Lenny’s Pizza and the Ordinance 2007-16/Received November 15, 2007

General With Action:

a)  Sinn, Fitzsimmons, Cantoli, West & Pardes/Kenneth Fitzsimmons, Esq./letter in reference to the transfer application for Lenny’s Pizzeria stating conflict of interest concerning Councilwoman Britta Wenzel/Received October 31, 2007

A motion was made by Councilwoman Filippone to approve the receipt of correspondence. The motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted “Yes”. The motion passed.

ORDINANCE ON FOR 2^nd AND FINAL READING :

Ordinance No. 2007-16 (1027) ORDINANCE AMENDING, REVISING AND SUPPLEMENTING CHAPTER 3-6  “PROXIMITY OF PLENARY RETAIL CONSUMPTION LICENSES.”

A motion was made by Council President Zalom to approve Ordinance No. 2007-16 (1027). The motion was seconded by Councilwoman Filippone. The Mayor opened the Public Hearing. Public Comments reflected in the transcripts as made part of these minutes. The Mayor closed the public hearing: The Mayor opened Council Discussion: Council Comments reflected in the transcripts as made part of these minutes. The Mayor closed Council Discussion. The Mayor called for a vote: Councilman Ardito voted “Yes”. Councilwoman Wenzel voted “No”. Council President Zalom voted “Yes”. Councilman Stogdill voted “No”. Councilwoman Filippone voted “No”. Councilman Lamb voted “No”. The ordinance failed.

COUNCIL COMMENTS:

Council Comments reflected in the transcripts as made part of these minutes.

ADJOURNMENT:

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

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 16^th day of November, 2007.

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk

 BOROUGH OF LAVALLETTE (MINUTES)

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, October 29, 2007 – 7:02 pm  

CALL TO ORDER: Mayor Walter LaCicero, presiding

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

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

                        Philip George, Borough Attorney

                        Donnelly Amico, Electric Collector

                        Colin Grant, Police Chief

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.

MOMENT OF SILENCE:  The Mayor asked for a moment of silence for Shirley Buono and Joy Grosko who have been ill this past week.

PLEDGE OF ALLEGIANCE: Councilwoman Britta Wenzel led us in the Salute to the Flag.

SPECIAL PRESENTATION: A special award presented to Patrolman Michael Monica for his bravery in conjunction with an ocean rescue that took place on August 13, 2007. Mayor LaCicero read the inscription on the plaque and presented the plaque to Patrolman Monica.  Pictures were taken with his wife and the Chief of Police.     

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

Ruth Long, 104 New York Avenue- Mrs. Long stated that she was speaking for Virginia Weakly who lives on 2206 Baltimore Avenue.  Mrs. Weakly has been subject to constant harassment that has taken place in the middle of the night for approximately ten years.  She has suffered mental and emotional abuse by this person who is harassing her.  Someone needs to help her.  Please see what can be done.

Mayor LaCicero asked Chief Grant to respond.

Chief Grant stated that they contacted the Prosecutor’s Office a number of years ago on this subject and surveillance was set up.  At that time they found no signs of harassment.  There was no evidence of any wrong going at the location.

Mayor LaCicero stated that he and the Chief will meet with Mrs. Weakly.

Councilman Ardito questioned whether or not they can set up a neighborhood watch for her.  He suggested that some residents may be able to take turns and stay with Mrs. Weakly during the night.

Councilman Lamb stated that when he was in the Police Department he personally responded to Mrs. Weakly’s house for the same reason and at that time could not find any signs of anyone disturbing her house.

The Mayor reiterated that he and Chief will meet with Mrs. Weakly.

Corey Wingerter, 20 Bond Avenue- Mr. Wingerter thanked the Mayor and Council for having the special meeting on November 16^th.  He questioned whether or not the attorneys could have specific times to speak during the special meeting.

Mayor LaCicero stated that he is going to discuss the procedures for the special meeting under unfinished business. 

APPROVAL OF CLERK’S MINUTES:

Caucus/Regular Meeting of October 15, 2007

Bid Opening for Lumber, Materials and Supplies for the boardwalk of October 18, 2007

A motion was made by Council President Zalom to approve the minutes. The motion was seconded by Councilman Lamb.  Vote: Council Members Ardito, Zalom, Stogdill and Lamb all voted “Yes”.  Councilwoman Wenzel abstained from voting on the minutes of October 15^th and voted “Yes” on the minutes of October 18^th. The motion passed.

REPORTS:

a)   Revenue Transaction Report for September 2007-Chief Financial Officer

b)   Report of Sale of Bond Anticipation Notes-Chief Financial Officer

A motion to receive the Revenue Transaction Report and the Report of Sale of Bond Anticipation Notes was made by Councilwoman Wenzel. The motion was seconded by Council President Zalom.  Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb all voted “Yes”. The motion passed.

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

RESOLUTIONS – ON CONSENT:

2007-243            authorizing the issuance of a 50/50 On Premise Raffle, Gift Auction and an Off         

                         Premise Merchandise Raffle to be held on November 3, 2007 at the St.

                         Bonaventure Parish Center.

2007-244         authorizing the adjustment of $7,920.80 on the electric bill for Block 61 Lot 8 Acct. 1 to make the correct amount of $20.89 due to an incorrect reading.

2007-245         authorizing the adjustment of $8,443.27 on the electric bill for Block 59 Lot 8 to make the correct amount $10.25 due to an incorrect reading.

2007-246         authorizing Mayor and Council to sign and execute the Interlocal Service Agreement for the DWI Checkpoints for the year 2008.

2007-247         authorizing Mayor and Council to sign and execute the Interlocal Service Agreement for the Ocean County Special Operations Group for the years 2007-2008.    

2007-248         authorizing the Mayor to sign and execute an agreement with the County of Ocean for the Community Development Block Grant Program to perform the services for a project activity entitled HC Curbs and Sidewalks-Bay Blvd.-Councilwoman Wenzel asked Mr. Parlow if this also included the repair on Rt 35 North.  Mr. Parlow stated that this was for Bay Blvd. only but we could add on the Rt. 35 North repair afterwards.

2007-249        recognizing Ptl. Michael Monica as a Police Officer in which he serves for his extraordinary action in preventing a woman from drowning on August 13, 2007.

2007-250      approving the appointment of Tony Gallo to the position of Secretary to the Lavallette Municipal Alliance Coordinator.

2007-252     authorizing the Lavallette Beautification Committee to make an area for a                       bike  rack in front of the Lavallette Welcome Center

2007-252A      authorizing the award of non-fair and open contract to Brinkerhoff Environmental Services for a Special Engineer to prepare our Biennial Certificate for the removal of our underground storage tanks. Councilwoman Wenzel asked Mr. Parlow                     what account was the $950 coming from. Mr. Parlow responded that it is being charged to of general engineering.  Councilman Ardito asked if there was going to be a soil test taken.  Mr. Parlow stated that there was not sampling required for the recertification.

The Mayor opened public comment on all resolutions and bills list:

No comments were made.

The Mayor closed public comment.

A motion was made by Councilwoman Wenzel to approve the resolutions on consent. The motion was seconded by Council President Zalom.  Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb all voted “Yes”. The motion passed.

RESOLUTIONS-OFF CONSENT:  

2007-251 awarding a contract to Diamond M Lumber Co. for the purchase of various boardwalk lumber, materials and supplies in the amount of $134,004.00.  Mr. Parlow stated awarding this contract will leave only $17,000 for labor costs. He has had discussions with Councilwoman Wenzel and Superintendent Schlosser regarding this and feels that this amount should allow the project to continue to the end of January 2008.  The Council will need to commit to the adoption of an amending bond ordinance in January in order to continue with the boardwalk rebuild. Mayor LaCicero stated that he didn’t see a problem with that support in 2008.  Councilman Lamb stated that he didn’t think there was going to be a need for as much labor costs on the south end of the boardwalk as there was for the northend.  Mayor LaCicero stated that there isn’t going to be enough money for the labor after January without another ordinance.  Mr. Parlow suggested that they do another ordinance in January for another $150,000 and any unused proceeds can be canceled.

A motion was made by Councilwoman Wenzel to approve Resolution 2007-251. The motion was seconded by Councilwoman Zalom.  Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb all voted “Yes”. The motion passed.

APPROVAL OF VOUCHERS:

2007-253            Bills List in the amount of $2,761,111.71

A motion was made to approve the bills list by Council President Zalom. The motion was seconded by Councilwoman Wenzel.  Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb all voted “Yes”. The motion passed.

UNFINISHED BUSINESS:

Mayor LaCicero questioned the Council on the procedures for the special meeting on November 16^th. He stated that he has received requests from the attorney representing LOLA’s attorney to speak first at the meeting and from the applicant’s attorney to be heard last.

Mr. George stated that it is already looking like it is going to be a very long meeting.  Any new business should not be handled after 11:00 pm.  He suggested that the attorneys should appear first and have a time limit.  He stated that the bylaws place a three (3) minute time limit on speakers. The three (3) minute could be extended for this special meeting.  He reminded Council that there may be close to two hundred (200) people in attendance and the meeting potentially could last six (6) hours or more.

Mayor questioned whether or not he could recognize residents’ first and non residents second.

Mr. George did not recommend that because if it is carried over to a second session everyone can speak again. 

Councilman Lamb questioned whether attorneys could have a longer time period to speak than the residents.

Mr. George stated that is generally considered appropriate. He stated that the Council can set reasonable limits on the times to speak during a hearing on an ordinance.

Council President Zalom stated that the two attorneys should have more time to speak.  If a group brings an attorney with them and that attorney does speak on behalf of group does that mean all of the residents in the group could also speak?

Mr. George stated that she was correct.

Councilwoman Wenzel stated that everyone at the meeting would be able to speak.  That would include all property owners and residents. 

Mr. George stated that was correct.  He recommended using a sign in sheet for the people who wished to speak.

Councilwoman Wenzel questioned whether or not we could designate whether the speakers were pro or con on the sign in sheet.

Mr. George stated that you could designate whether they were a resident or non resident but not pro or con. 

Councilman Lamb suggested that the attorneys were given a reasonable time period to present their case.

Mayor LaCicero stated that we have already heard the cases before.

Mr. George suggested that the attorneys speak first we time limits not to extend 30 minutes.  There should be time reserved for their rebuttals also.

Mayor suggested 20 minutes for each attorney and 10 minutes for their rebuttals.

Councilwoman Wenzel questioned whether or not action was going to be taken at this meeting and whether or not this was going to be a taped meeting.

Mr. Parlow stated that there is a call for a vote and that the meeting will be recorded.

Mr. George stated that Council can request an extension if they have not made a decision that night.

Mr. Parlow questioned if there are more than 200 people do we close the door to the rest.

Mr. George suggested taking a short recess to assess the volume of people.  If over the maximum occupancy the meeting becomes null and void.

Mr. Parlow questioned whether or not the Council could vote on the ordinance even if some of the people were not heard.

Mr. George stated that there could be some risk.  He suggested having a court reporter.

Mayor stated that we are starting the meeting at 6:00 pm.  The attorneys will speak first for twenty minutes each with ten minutes of rebuttal.  The objector’s attorney will speak first and then the applicant’s attorney.  After that the floor will be open to the public.  We will take one pro than one con for three minutes at a time and so on.

Mr. George stated that to date we have received three acknowledgements from three attorneys.  Two sets of objectors and the applicant.

Councilwoman Wenzel suggested definitely getting a number at the beginning of the meeting on   who wishes to be heard.  The first round of speaking should be aloud “x” amount of time and they should get a second round to speak after everyone else has had an opportunity.

Mayor suggested that everyone get a chance to speak for three minutes at a time and leaving open the ability to modify the limitation during the hearing.

Mr. George suggested that the sign in sheet be used for the speakers.  To at least track who is going to speak.

Mayor LaCicero suggested that the meeting end before 11:00 pm to prepare for the vote.

Councilwoman Wenzel stated that what ever agreements were made about the transfer should be forwarded to the Alcohol Beverage Control.

Mr. George stated that the application was heard and there was no ability to entertain an agreement in a resolution.  The applicant asked that no action be taken at the present time until the ordinance is amended.

NEW BUSINESS:

Councilman Stogdill asked that Chris Parlow be given permission to advertise for the positions of Deputy Municipal Clerk and Electric Collector in the Administration Office.

Mayor LaCicero stated that going out to advertise first gives us some flexibility.

Mr. Parlow stated that the statute requires us to have a deputy municipal clerk.  There is really only one vacancy available.

Councilwoman Wenzel questioned whether there would be any reorganization downstairs.

Councilman Lamb questioned whether we were going to have a Purchasing Agent also.

Mr. Parlow stated that the hope is that the position of Purchasing Agent is rolled into one of the positions.  Advertising for the positions will at least start the interview phase.

Councilman Ardito questioned whether or not there was going to be some restructuring of that department.

Mr. Parlow stated that the restructuring has been done before.

2008 Professional Service Contracts -             Borough Attorney

                                                                                          Borough Auditor

                                                                                          Municipal Prosecutor

Mr. Parlow asked for Council’s approval to re-advertise and receive bids for Professional Contracts.  It is that time again and we need to get a jump start on it.

Councilman Ardito questioned whether or not the engineer’s term started in 2007 or 2006 for the three years.

Mr. Parlow stated that the engineer was a three year term starting in 2007 and will end in 2010.

COMMENTS FROM THE PUBLIC:

Clem Boyers, 20 Kerr Avenue – the special meeting on November 16, 2007 is strictly only for the Ordinance changing the distance between establishments is that correct?

Mayor LaCicero stated that was correct.

Mr. Boyers stated that he thinks it would be in Council’s best interest to announce that at the special meeting to the audience in the beginning of the meeting because he doesn’t think people understand that it has nothing to do with the transfer.

Mayor LaCicero stated that he would make a statement when the meeting begins.

Alice Bass, 200 Pershing Blvd. questioned whether or not the Mayor made a comment in the newspaper that all democrats want the beaches taken over by the state.

Mayor LaCicero stated that he received that information from that particular newspaper.  I read that Britta Wenzel was in favor of having the state take control of the beaches I just thought it was all democrats who felt that way.  I am not going to have a debate about it.  If that is not the case than please feel free to state that you are not in favor of it.

Mrs. Bass stated that she is not in favor of it.  This statement is affecting me for this election.  We have never stated that.  I was for opening up the beaches for Memorial Day.  I am not in favor at all of the state taking over.  That is our gem up there and we don’t want anyone taking it away.  Where did you get the source? 

Greg Sharkey, 3 Bond Avenue questioned that the special meeting is strictly for the distance between the establishments and not the transfer?

Mayor LaCicero stated that was correct.

Mr. Sharkey requested that they consider hearing people on the transfer also because they are related and we can’t speak about one and not the other

Mr. Parlow stated that he doesn’t believe that Council can stop a resident from speaking on the liquor transfer.  It is a public hearing and the people can comment on anything that relates to the Ordinance.

Mr. George stated that the action of the transfer is not before the board and no decisions will be made at that meeting in reference to the transfer but anyone can make comments on it.  The only topic that will have action at that special meeting will be the Ordinance 2007-16 and that is all.

Mr. Sharkey stated that he disagreed because the two topics are intertwined.

Mr. George stated that the Mayor and Council cannot consider conditions on the transfer without the consent of the applicant are void.  There can be comments on the transfer but there will be no action taken.

Joseph Farfalla, 15 Bond Avenue stated that Mr. Fitzsimmons would like to be heard first at the beginning of the special meeting.

Mayor LaCicero stated that it would be considered.

Michael Vastola, 19 Bond Avenue stated that the 450 ft that is being considered was derived because of the application.  Therefore, the meeting is really based on the application.

Mr. George stated that he could not comment on Council’s comments. 

Mr. Vastola stated that it is very obvious that the 450 ft was for Lenny’s.

Mr. George stated that he didn’t believe that was the case.  The application for the transfer was filed a long time ago and was denied because of the 1500 feet.

Mr. Vastola questioned where the 450 feet came from?

Mr. George stated that Council made that decision and he could not comment on that. 

Mr. Vastola stated also that twenty minutes for the attorneys is a little too long.

Alice Bass, 200 Pershing Blvd. questioned the amount of political signs on Council President Zalom’s property.  There should only be two.

Council President Zalom stated that she would remove one sign.

Clem Boyers, 20 Kerr Avenue stated that he has been talking very unofficial with Council during the last couple of months.  They have all stated that there would be a number of regulations on the transfer and we are going to be real tight on this.  My sense is that Council is basing there decisions on regulations that are already in place.  That’s what it seems like to me.

Greg Sharkey, 3 Bond Avenue stated that we have all been aware that there has been discussion and negotiations with respect to regulations on the license.  That is a reality we are dealing with and that is why it should be a necessity to include the transfer at the special meeting.

Mayor LaCicero stated that he believes they are linked but does not know how we are going to handle that problem.

Mr. George stated that it is his opinion that the Ordinance in its present form does not permit any liquor establishments within 1500 feet.  There was discussion at that time to delete the 1500 feet altogether.  The Ordinance was tabled and never got a second.  Councilwoman Filippone then untabled it and made a motion to go to 450 feet.  All that includes this Ordinance is up for discussion but the only action that will be taken will be on the Ordinance on the distance if there is any action taken at all.  There will be no action taken on the transfer.

Alice Bass, 200 Pershing Blvd. stated to Councilwoman Wenzel that the Dept. of Public Works did a marvelous job in cleaning up the town in a timely fashion with the bulk trash.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilwoman Wenzel stated that her comments on the administrative dept. are in no way a reflection on the administrator.  He is doing a fine job.  I would just like to see the tasks evenly spread out.  I am relying on Mr. Stogdill to do that.

Council President Zalom stated that she received a letter from the Zajacs who are residents in town praising Michael Maguire for a fine job.  The Halloween Harvest Hoedown went smoothly.  Seventy people showed up for Beach Cleanup.  Thank you.

Councilman Ardito stated that he went to President Avenue to see activity to see the bar on the corner.  He has always heard of there being problems at the bar on President Avenue and he never sees or hears any of that.  As far as property value being low with a bar next to them he doesn’t see any houses selling for less than 800,000 anywhere in town.  Also, I am a democrat and I too do not believe in the state taking over the beaches.  Someone should ask Britta Wenzel why she made that comment and why she thinks that.

Mayor LaCicero congratulated Tony Gallo on his appointment.  He also welcomed the new reported from the Ocean Star.

The Meeting was adjourned at 9:07 pm to go into Executive Session.

EXECUTIVE SESSION:

Personnel and Contracts / Threatening and Pending Litigation

A motion was made by Councilwoman Wenzel to enter into executive session. The motion was seconded by Council President Zalom. All were in favor. The motion passed. Mayor and Council entered into Executive Session at 9:07 pm.

A motion was made by Council President Zalom to resume the regular meeting. The motion was seconded by Councilwoman Wenzel. Vote: All were in favor of. The motion passed. The mayor and Council resumed the regular meeting at 9:32 pm.

The Mayor asked the Borough Attorney to summarize the discussions of the executive session.

Mr. George stated that the first item discussed was a personnel matter not specific to any individual but there was a question raised regarding accumulated benefits received by part-time employees. That matter was referred by Councilman Lamb to Councilwoman Wenzel, who serves as the liaison to the Department of Public Works. Mr. George stated that Councilwoman Wenzel indicated that there was a meeting and any other action will be taken by the Borough Administrator regarding accrual of benefits.

Mr. George stated that the Council also discussed the assignment of new counsel from the Attorney General’s office to represent the State in the DEP litigation regarding the beach permit.

Mr. George stated that the Council had some discussion regarding the interplay of the ordinance which has been introduced and which is scheduled for hearing on November 16^th with the conditions which were noted on the record and demanded at such times by the objectors to and applicant for the place to place transfer. It was the consensus of the Council that a summary of the conditions which have been discussed and agreed which arose from the public hearing should be released as part of the OPRA request received from Mr. Sharkey and Mr. Stone, representing Lenny’s in the place to place transfer.

Mr. George stated that the last item discussed, in which Mayor LaCicero excused himself from due to conflict, was the last round of negotiation regards to closing allowances in the DPW contract.

No other matters were discussed.

ADJOURNMENT:

A motion to adjourn the meeting was made by Councilwoman Wenzel. The motion was seconded by Council President Zalom. Vote: All voted in favor of. The motion passed. The meeting was adjourned at 9:34 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 29^th day of October, 2007.

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk  

BOROUGH OF LAVALLETTE (MINUTES)

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, October 15, 2007 – 7:00 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding.

ROLL CALL: Council Members Ardito, Lamb, Zalom, Filippone and Stogdill were present. Councilwoman Wenzel was absent.

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 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.

MOMENT OF SILENCE:  The Mayor asked for a moment of silence for Arthur Fritsch, a longtime resident who passed away recently.

PLEDGE OF ALLEGIANCE: Councilman Stogdill led us in the Salute to the Flag

MAYOR’S WELCOMING STATEMENT:  At this time, the Mayor asked anyone in the audience who wished to speak about anything else than what was on the agenda could do so now.

No one wished to speak at this time.

APPROVAL OF CLERK’S MINUTES:

September 24, 2007 Regular Meeting                                    September 24, 2007 Executive Session

September 17, 2007 Special Meeting                                    September 17, 2007 Executive Session

Bid Opening on October 3, 2007 (Compact Track Loader)

A motion was made by Council President Zalom to approve the minutes.  The motion was seconded by Councilman Stogdill.  Council Members Zalom, Stogdill, Filippone and Lamb all voted “Yes”.  Councilman Ardito abstained for the minutes of September 17, 2007 and voted “Yes” to all other minutes. Motion passed.

REPORTS:

a)         Police Report for September 2007-Councilwoman Filippone-read from report

b)         Public Works Report for September 2007-Mayor LaCicero acknowledged receipt of Public Works Report for the month of September 2007.

c)         Public Affairs Report for September 2007-Council President Zalom-announced the Clean Ocean Action Beach Sweeps being held on October 20, 2007.  She reported the Clean Ocean Action was very helpful with the August spill on the beaches.  Flu Shots will be provided on November 8, 2007 from 1-3PM at the St. Bonaventure Parish Center.  The Halloween Harvest Hoedown will be held on October 26, 2007 starting at the school at 3:15 pm.  Dodge ball for adults is being held on Tuesday nights at the school.  Beautification Committee is doing a fine job.  Oktoberfest is being held at Faith Lutheran Church.  She also reported that Councilwoman Joanne Filippone and Council President Zalom represented Lavallette at the Ocean County Columbus Day Parade.

d)            Municipal Court Report for September 2007-Councilwoman Filippone-read from report

e)            Planning Board Report for September 2007-Councilwoman Filippone-Last week was a workshop meeting so there were no cases.  Mayor has requested that a member of the Planning Board be on the Advisory Committee so that will be Rosangela Zaccaria.  Councilwoman Filippone reported that since has been on the Planning Board eight (8) ordinances regarding zoning and site plan have been brought to the floor.  She is proud to announce that six (6) of those ordinances have been passed by Council.  One (1) of the remaining ordinances was in reference to the front yard setback requirements within the Westmont Shores district. That ordinance was abandon by the Planning Board due to the varying widths of the front yard setback within the district. The only ordinance remaining deals with the number of permitted uses allowed in the business district. She suggests that it be put on the next agenda for discussion. Councilman Ardito questioned whether or not there was prior litigation on that issue.  Attorney Phil George stated that the Borough of Lavallette Planning Board was dismissed from that lawsuit.

f)          Animal Control Report for September 2007-Councilwoman Filippone-read from report

g)         Zoning Report for September 2007-Councilwoman Filippone-read from report      

h)         Tax Account Status for September 2007-Tax Collector

i)          Administration Report for September 2007-Councilman Stogdill-stated that all construction files that were being stored in the archives were filed into block/lot order and stored in new boxes for easier access. The 2007 Community Rating System recertification was filed with the FEMA and the Borough has received notice that Borough residence will continue to receive a 10% discount on their flood insurance.

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

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

RESOLUTIONS – ON CONSENT:

2007-232           authorizing the Tax Collector to cancel the amount of $789.03 from the 2007 tax records for Block 9 Lot 5 as a result of an over assessment of $99,000

2007-233           recognizing November 2007 as National Family Caregiver Month

2007-234           proclaiming October 17, 2007 as “Pretty in Pink Day” to increase Breast Cancer Awareness

2007-235           proclaiming October 10, 2007 as “Put the Brakes on Fatalities Day” in an effort to highlight the importance of safe driving

2007-236           establishing a curfew during the Halloween season-Councilman Lamb commented that the reason we have established this Resolution is because years ago all the neighboring towns with the exception of Lavallette had established curfews during the Halloween season. Because of this, kids from the surrounding communities were coming into Lavallette during the evening and night hours and causing mischief. So it forced Lavallette to take action for the safety of our children and community.

2007-237           amending Resolution No. 2007-50 to reflect the modification to the positions of Class II Special Police/Year Round and Class I Special Police/Year Round as recommended by the Chief of Police.    

2007-238           authorizing the execution of an addendum to the contract with F&P Contractors Inc. for road improvements to Magee Avenue resulting in a contract reduction of $9,961.91.-Councilman Ardito stated that he was glad to see any kind of savings.

2007-239           approving the appointment of Kathleen Mango to the position of Lavallette Municipal Alliance Coordinator-Council President Zalom stated how thankful she was that Kathy Mango has agreed to take the position.

2007-240           approving the provisional appointment of Theodore Golubowski, Jr. to the position of Public Works Supervisor-Bill Kinney of 23 Philadelphia Avenue questioned why this appointment is being done.  Mayor LaCicero stated that there is anticipation that there will be a retirement in 2008.

The Mayor opened public comment on all resolutions and bills list:

Bill Kinney of 23 Philadelphia Avenue questioned why this appointment is being done. 

Mayor LaCicero stated that there is an anticipated retirement scheduled during 2008.

Mayor LaCicero closed public comment.

A motion was made by Council President Zalom to approve resolutions on consent. The motion was seconded by Councilwoman Filippone.  Vote: Council Members Ardito, Zalom, Stogdill, Filippone and Lamb all voted “Yes”. The motion passed.

RESOLUTIONS-OFF CONSENT:

2007-241           authorizing the award of a contract for the purchase of one (1) 2007 or newer John Deere Model CT 332 Compact Track Loader for the Lavallette Department of Public Works in the amount of $50,794.00-Chris Parlow stated that this is a piece of equipment that helps with the removal of sand from the boardwalk.  Councilman Ardito stated that two pieces of equipment will be removing the sand now.

A motion was made by Council President Zalom to approve Resolution 2007-241. The motion was seconded by Councilman Lamb.  Vote: Council Members Ardito, Zalom, Stogdill, Filippone and Lamb all voted “Yes”.  The motion passed.

APPROVAL OF VOUCHERS:

2007-242            Bills List in the amount of $ 721,133.71

A motion was made to approve the Bills List in the amount of $721,133.71 by Councilwoman Filippone. The motion was seconded by Councilman Stogdill. Vote: Council Members Zalom, Stogdill, Filippone and Lamb all voted “Yes”.  Councilman Ardito voted “No” to Purchase Orders #07-0843 and #07-0846 and voted “Yes” to all others.  The motion to pay all vouchers passed.

COMMUNICATIONS:

Legal:

a)  Appeal of Civil Administrative Penalty Assessment.  Our File No. 1250-1028/Transferring matter to Administrative Law Judge for further proceedings as a contested case/Received October 10, 2007

Engineering:

a)  O’Donnell, Stanton & Assoc. /Michael O’Donnell/letter to NJDOT/Bureau of Local Aid/Magee Avenue Road Improvements/Received September 26, 2007

b)  O’Donnell, Stanton & Assoc. /Michael O’Donnell/Stormwater Management Plan/Received September 13, 2007

c)  O’Donnell, Stanton & Assoc. /Michael O’Donnell/Magee Avenue Road Improvements/Pay Estimate No. 3/Received September 13, 2007

d)  O’Donnell, Stanton & Assoc. /Michael O’Donnell/Tennis Court Resurfacing/Received September 13, 2007

e)  O’Donnell, Stanton & Assoc./Michael O’Donnell/Letter to Ocean County Engineering/White Avenue, Coleman Lane & Ortley Avenue Road Improvements/Received October 9, 2007

f)  O’Donnell, Stanton & Assoc./Michael O’Donnell/Letter to NJDOT In Reference to White Avenue, Coleman Lane & Ortley Avenue Road Improvements/Received October 10, 2007

New Jersey League of Municipalities:

a)  New Responsibilities for Local Officials/Received October 3,

b)  Important Conference Sessions/Being Green/Received October 3,

c)  Solid Waste Facility Siting Loop Hole/Please Contact Your Congressman/Received October 3, 2007.

d)  Important Conference Sessions/Ethics/Received September 28,

e)  Regulation of Solid Waste Facilities at Rail Yards/Congressional Hearing/Received September 27, 2007

f)  Important Reminder/Call for Nominations Sixth Annual Innovation in Governance Awards/Deadline October 5, 2007/Received September 27, 2007

g)  New Jersey Supreme Court Rules That “Administrative Ordinances” Not Exempt from Faulkner Act Referendum/Received September 27,

h)  Pay to Play Reporting Requirements/Received September 25,

i)   Last Meeting/Tuesday, September 25/Police Standards Advisory Committee Needs Your Input.

j)   DEP Site Remediation Public Notice Rule Proposal and Mayors’ Roundtable/Received September 21, 2007

k)  The Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007/Received September 21, 2007

l)   First Annual Maplewood Green Day/Received September 20, 2007

m)  2007 League Conference Resolutions/Received September 19, 2007

n)  Two Issues/A-3387 on Local Realty Transfer/Assembly Flood Panel Schedules Hearing/Received September 17, 2007

o)  New Jersey Clean Energy Core Rebate Program/Received September 13, 2007

p)  Immigration Survey Results/Received September 17, 2007

q)  Major Sign Ordinance Decision in NJ/Received September 17, 2007

r)  Urgent! Reminder! /Police Standards Advisory Committee Needs Your Input/Received September 17, 2007

s)  Final Reminder/2007 Clean Energy Conference/Received September 12, 2007

t)  Notice of Proposed Dues Increase/Received September 12, 2007

u)  Important Conference Sessions/Economic Development/Received October 4, 2007

v)  Important Conference Sessions/School Funding/Received October 5, 2007

w)  No Increase in Membership Dues for 2008/Received October 5, 2007

x)  10^th Annual Elected Officials Hall of Fame/Received October 5, 2007

y)  Important Conference Sessions/Land Use/Received October 9, 2007

z)  State ABC Director Rules That Municipalities Lack Power to Enact Keg Registration Ordinances/Received October 9, 2007-

aa)  New Information from the Division of Local Government Services/Received October 9, 2007

bb)  New Acting DCA Commissioner/Received October 10, 2007

General with No Action:

a)  Cablevision/Adam E. Falk, Vice President/Launches of TV5Monde USA and the Jewish Channel SVOD service/Received September 12, 2007

b)  New Jersey Dept.of Environmental Protection/DEP Bulletin/Volume 31 Issue 17/Received September 13, 2007

c)  County of Ocean/August 2007 Recycling & Compost Reports/Arthur P. Burns/Received September 14, 2007

d)  State of New Jersey/Dept. of Health & Senior Services/2007 Hospital Performance Report/Fred M. Jacobs, Commissioner/Received September 14, 2007

e)  North Jersey Transportation Planning Authority/Martin Hofler, Director/Route 35 Restoration/Received September 13, 2007-Council President Zalom stated that she spoke to them in reference to the Restoration and they suggested she give them a call in December and they would have more information.  She also requested a thank you letter go to Clint Griggs from the Road Dept. for his help fixing a sink hole.

f)  State of New Jersey/Dept. of Environmental Protection/Notice of Deficiency for Paul E. Kelly/Sea Bay Sunoco/Received September 18, 2007

g)  Ocean County/Dept. of Solid Waste Management/John Bartlett, Jr. /James F. Lacey/Received September 19, 2007

h)  Ocean County Columbus Day Parade Committee/Michael A. Blandina/letter of invite to Mayor and Council for their attendance/Received September 17, 2007

i)  Homes For All, Inc./James Valle/President/letter questioning our town’s need for affordable housing/Received September 21, 2007

j)  New Jersey Dept.of Environmental Protection/DEP Bulletin/Volume 31, Issue 18/Received September 21, 2007                                                                                                 

k)  Wireless Capital Partners, LLC/Jonathan Beuerlein/Nancy Leslie/wireless leases/Received September 24, 2007

l)  Commander/US Coast Guard/Supplemental Public Notice/Received September 27, 2007

m)  Cablevision/Adam E. Falk, Vice Presdient6/Launch of TBS in HD Channel

n)  State of New Jersey/Dept. of Environmental Protection/letter advising DEP Bulletin will only be accessible online/Received October 1, 2007

o)  State of New Jersey/Dept. of Environmental/Public Notice for the Proposed FFY 2008 Priority System Intended Use Plan and Project Priority List Document for Clean Water Financing/Received October 1, 2007

p)  Ocean County Planning Board/Mark C. Villinger, Assistant Planner/Ocean County Natural Lands Trust Fund Status Report-September 2007/Received October 2, 2007

q)  New Jersey Business & Industry Association/Philip Kirschner, President/Received October 2, 2007

r)  Linda & Jim Pells/401D Grand Central Avenue/letter against Lenny’s Pizza transfer/Received October 3, 2007

s)  Lavallette Beautification Report/Pat Marrone, Chairperson/Received October 3,

t)  State of New Jersey/Dept. of Health & Senior Services/PEOSH Indoor Air Quality Training/Eric Bechusen, Program Manager/Received October 4, 2007

u)  Cablevision/Petition for Determination of Effective Competition/Received September 26, 2007

v) Cablevision/Adam E. Falk, Vice President/The Tube/Received October 4, 2007

w)  State of New Jersey/Dept. of Environmental Protection/John Flynn, Administrator/Green Acres Program/Received September 12, 2007

x)  Board of Chosen Freeholders/Joseph H. Vicari, Freeholder/Thank You Letter for the Mayor’s Participation in the “Mayors for Meals” event/Received October 5, 2007

y)  State of New Jersey/Office of the Attorney General/Dept. of Law and Public Safety/Division of Alcohol & Beverage Control/David Bregenzer, Asst. Attorney General/Two Advisory Opinions issued by the Director in response to inquiries from municipalities/Municipal Keg Registration Ordinances/Ordinances That Impose Hearing-Related Costs on Licensees or Provide for Disposition of ABC Related Offenses in Municipal Court/Received October 5, 2007

z)  Frank & Camille Novello/23 Guyer Avenue/letter in opposition of the Transfer of Liquor License and Restaurant Cocktail Lounge/Received October 9, 2007

aa)  Ocean County Utilities Authority/Keith Marcoon, P.E./2007 Metered Flow Data/Received October 10, 2007

bb)  Cablevision/Adam E. Falk, Vice President/Letter Informing of Channel Moves That Will Be Happening/Received October 10, 2007

cc)  Charles E. Heimach/24 Bond Avenue/Letter in Opposition to the Transfer of Lenny’s Liquor License/Received October 10, 2007

Administrator Parlow asked for a motion to have all letters concerning the Place-To-Place Transfer of Lenny’s Restaurant and Pizzeria Liquor License placed in the transfer file.

A motion was made by Council President Zalom to have correspondence r, z and cc placed in the Lenny’s Restaurant and Pizzeria Liquor License Place-To-Place Transfer file. The motion was seconded by Councilwoman Filippone. All voted “Yes”. The motion passed.

General With Action:

a)  State of New Jersey/9^th District Legislative Offices/Christopher Connors/Leonard Connors/Brian Rumpf/requesting our participation in passing a resolution to downsize state employees/Received September 12, 2007-Mayor stated that this resolution was already down.

b)  United Way of Ocean County/Sharon Labash, Event Co-Chair/Deborah Meyer, Event Co-Chair/requesting the attendance of Mayor and Council to their 4^th Annual Gala Ball on November 16, 2007/Received September 14, 2007-Council President Zalom requested that each Council Member give a donation of $10.00 to this Charity.

c)  State of New Jersey/Dept. of Environmental Protection/Irene Kropp, Assistant Commissioner/Biennial Certification Enforcement/Received September 25, 2007 – Administrator Parlow reported that the Borough will need to contract with an engineering firm to perform the biennial certification required for the removal of the underground storage tanks that were located at the Public Works yard. He has contacted Brinkerhoff Environmental Services Inc to provide a proposal.

d)  Lavallette Business Association/Kimberle Samarelli, President/requesting that a Borough Liason be available to attend their meetings once a month/Received September 26, 2007-Councilman Lamb stated that he is supposed to be the liason to this Association but he can not fit the meeting into his schedule. He has asked Councilman Stogdill to check his schedule to see if he is available. Councilman Stogdill will report back to Council.

e)  The Board of Chosen Freeholders/Gerry P. Little/letter advising the Borough of the availability dune grass for the 2007 planting/Received September 26, 2007-Council President Zalom announced that the dune grass planting is scheduled for November 3, 2007

f)  State of New Jersey/Department of Transportation/Kris Kolluri, Commissioner/advising us to contact Local Aid district office and give them the project information/Received October 2, 2007

g)  Borough of Lavallette Planning Board/William Zylinski, Chairman/Proposed Zoning Ordinance Amendments/Received October 3, 2007.

h)  Ocean County Shade Tree Commission/Craig Theibault/Chairman/approval of 12 Kwanzan Cherry Trees to be delivered to Lavallette for the fall/Received October 3, 2007

i)  Cory Wingerter/20 Bond Avenue/letter in reference to Lenny’s Pizza transfer requesting a meeting before official action is taken/Received October 3, 2007-Councilwoman Filippone stated that she did have a meeting with this organization already.

j)  State of New Jersey/Dept. of Human Services/Elizabeth M. Capoferri, Supervisor of Volunteer Services/Letter requesting help in recruiting volunteers to work at Ancora Psychiatric Hospital/Received October 5, 2007-Council President Zalom suggested that we send this out to all the churches and maybe the boy and girl scouts too.

k)  State of New Jersey/Dept. of Public Advocate/Division of Rate Counsel/Maria T. Novas-Ruiz, Esq./Petition of Cablevision of Monmouth, Inc. for a Declaration of Effective Competition in Lavallette, NJ/Received October 10, 2007-Attorney Phil George stated that the state is requesting more information from Cablevision.

UNFINISHED BUSINESS:

Place To Place Transfer – Lenny’s Pizzeria and Restaurant – Memorandum from Chief Grant regarding successful completion of background checks.

Councilwoman Filippone stated that the complete background checks on the owners of Lenny’s Pizza have been performed by Chief Grant. The check proved to be in good standing.  Several months ago at her suggestion there was an ordinance tabled which referred to the deletion of Chapter 3-6 of the Borough Code, which requires 1,500 feet between retail consumption establishments.  At the time, a suggestion was made to delete that ordinance completely which would change the requirement to zero feet. There has been no action because it has remained tabled and the application was withdrawn.  She asked for the ordinance to be tabled because she felt it was too premature to make that type of decision without some investigation on the issue.  She stated that she has spent, personally, many, many hours trying to research what are the benefits and the pros and cons to this ordinance.  She has had many discussions with the borough attorney and many discussions with certain groups who are both for and against this ordinance.  She stated that before the Borough can consider the transfer application submitted by Lenny’s Pizza the Council needs to address the ordinance first.  She stated that it is not her style to just leave an ordinance tabled and watch it disappear as of January 1^st without taking any action. Councilwoman Filippone made a motion to un-table the ordinance the removed the distance requirement established in Chapter 3-6. 

Attorney Phil George asked for a point of order. He stated that the application for the place to place transfer was not withdrawn. The applicant provided a presentation and had asked that no action be taken until after consideration on an amendment to the ordinance.

Mayor LaCicero asked for a section on the motion.

Councilwoman Ardito questioned whether or not another ordinance can be considered regarding 3-6 while this ordinance is tabled.

Attorney Phil George stated that until the topic is un-tabled no other ordinance regarding Chapter 3-6 can be considered.

Mr. George asked for a point of order. He stated that the original ordinance that removed the requirements of Chapter 3-6 was moved without a second. A motion was made to tabled the ordinance was then approved. The original ordinance was not provided an ordinance number.   Mr. George stated that consideration to un-table this ordinance is on-the-table for a second.

Councilman Lamb asked if there is still a mediation going on between these groups.

Councilwoman Filippone stated that she thinks that is premature at this time because she would like to take the untabled motion determine what direction the Council is going.

Attorney Phil George asked for a point of order. He stated that the ordinance that needs to be resolved is the ordinance that deletes the provisions of Chapter 3-6 in it entirety. Council needs to take action on that first. He stated that Councilwoman Filippone has referred to the fact that there has been on going negotiations, discussions and hearings with objectors and correspondence submitted monthly. Councilwoman Filippone, by her motion, is inviting further discussion as to whether or not Section 3-6 shall be deleted in its entirety or something else should happen. If ordinance is modified then the applicant would send his completed application back to Council for consideration.

Councilwoman Filippone asked the attorney what would happen to the un-tabled ordinance if it does not receive a first and a second. Attorney Phil George reported that the ordinance would die and the Council could consider other alternatives.  

Councilman Ardito asked the Attorney if another proposal or amendment to Chapter 3-6 can be considered while the original ordinance is still tabled.

Mr. George stated that the original ordinance needs to be un-tabled before any amendments to change it can be.

Mayor LaCicero again stated that there was a motion on the floor to un-table the ordinance to amend Chapter 3-9. He asked for a second.

Council President Zalom seconded the motion. Vote: Council Members Ardito, Zalom, Filippone all voted “Yes”.  Council Members Stogdill and Lamb voted “No”.  The motion passed.

Attorney Phil George stated for the record that the ordinance on the table is the original ordinance that was prepare by his office that removed all of the language contained in Chapter 3-6.

Councilwoman Filippone stated that in spite of the work she has done and much completed she wanted to assure the public she is not any clearer of her decision today than before.  The concerns on both sides are great.  She has read every letter that was submitted pro and con.  Her mind is still open on this issue and she still does not know how she is going to vote on this issue.  She sits on a number of committees that have given their opinion on this matter. There is an equally large portion of this community that is against this.  That is why we need to bring this back to the community and hear from the residents of this town.  She has gone back and forth on this issue from a “Yes” vote to a “No” a number of times. She stated she is still very unclear as to what is her decision will be. She stated she is still very torn by this issue.

INTRODUCTION OF ORDINANCE:

Ordinance 2007-16 (1027) An Ordinance of the Borough of Lavallette, County of Ocean, State of New Jersey, Amending, Revising and Supplementing Chapter 3-6 of the Borough Code entitled “Proximity of Plenary Retail Consumption Licenses”.

Councilwoman Filippone made a motion to introduce an ordinance by title to amend Chapter 3-6 of the Borough Code to reduce the fifteen hundred (1,500) feet restriction between plenary retail consumption premises to four hundred and fifty (450) feet. She stated her motion is not intended to show that she is in favor of the reduction but rather to allow the community to reach out and provide her with their opinion regarding this issue.

Councilman Ardito stated that the public has spoken when the master plan was adopted, which calls for restaurant. He is not sure of the purpose for inconvenience the people with another hearing again.

Councilwoman Filippone stated that regardless a public hearing was necessary.

The motion was seconded by Councilman Ardito. Vote: Council Members Ardito, Zalom, Filippone and Lamb all voted “Yes”.  Councilman Stogdill voted “No”. The ordinance was passed on first reading.

Administrator Parlow stated that the Special Meeting for the public hearing will be on November 16, 2007, at the Lavallette Elementary School.  He asked Council for a time.

Mayor LaCicero stated that the time should be at 6 pm. Council agreed.

UNFINISHED BUSINESS (cont):

Councilman Ardito stated that in checking our website the last agenda was from July.  The court date is 2004.  It needs to be updated.  He also stated that some organizations still didn’t receive a letter on the Parking Committee as of yet. We should be asking every organization to appoint one or two members from each organization. We should have acted much quicker on this subject.  Even with this liquor license transfer, it has taken to long to make a decision just because someone doesn’t understand it. 

Councilwoman Filippone stated that she understands it she is just not sure where to go with it.

Councilman Ardito stated that he has reviewed the direction of the borough and the achievements to date.  He blamed himself for not being firm with my convictions.  We have tennis courts in need of repair.  We spent $8,000 for engineering on that and wasted the money.  He is concerned it takes a year to investigate

Mayor LaCicero stated that he thought it be best if Councilman Ardito save his other comments for Council Comments.

Mayor LaCicero spoke about the Advisory Parking Committee.  He stated that he does have a list of people who are on the committee.  He fears that so many people are asking to be on this committee that if it becomes too large it will become nonfunctional.  His original intent was to limit it to geographic type organizations such as WPICA, Planning Board, Council, Chief of Police, LBA, and Westmont Shores.  He stated he is afraid that it is going to become nonfunctional if it grows anymore.

Councilman Lamb questioned why an Advisory Committee instead of an Ad Hoc?

Mayor LaCicero stated that the problems are ongoing and constantly evolving.  One yearly committee is not going to solve all of the problems. The committee is established by a Mayoral appointment with the advice and consent of Council.  As the ordinance stands it is a yearly appointment.

Councilman Ardito stated that the Lavallette Voters and Taxpayers have over 700 residents on that committee.  He believes that they should have received a letter of participation also.  To date they have not received anything.

Councilwoman Filippone stated that the advisory committee is strictly to advise council on their suggestions and has no power.  There should be no political clubs on this committee at all.  The LVT should be asked to participate. 

Mayor stated that there are already forty (40) people who have expressed an interest in joining the committee.  He felt the committee would be difficult to function with that many people.

Council President Zalom stated that twelve (12) people should be sufficient.

Councilman Ardito stated that the larger the committee the more subgroups can be create with each group working on a different project.

Councilman Lamb stated that the problem is a lot broader than President Avenue.  It pertains to the whole town.  The school parking and the church parking is all relevant to the parking issues within the town. 

Councilwoman Filippone thinks it is very important to just get the committee started so we can get a jump on the problem.  Let the committee give themselves some direction and we will supplement them in whatever way we can.

Mayor LaCicero stated that we have 11 names as of now.  If we want to add names we can add some more at another time. 

Chris Parlow stated that an advisory committee shall consist of such number of members as may be determined necessary by Mayor and Council.  The term of office shall be one year.  All terms shall run from January through December.

Mayor LaCicero announced the names as follows:  Chief of Police Colin Grant, Administrator Chris Parlow, Council President Anita Zalom, Irene Kelly from the West Point Island Civic Association, Kimberlee Samarelli from the Lavallette Business Association, Rosangela Zaccaria from the Lavallette Planning Board, Anthony Rocco from Westmont Shores, Clem Boyers, Michele Donato, Deborah Ciambrone a resident of President Avenue, Bill Bogdan from the Lavallette Seniors.  Administrator will open the meeting and then will vote on a Chairperson.

Councilman Ardito would like to see a member from LVT and PTA also on that committee

A motion was appoint the names recommended by the Mayor to the Lavallette Parking Committee. The motion was seconded by Council President Zalom.  Vote: Council Members Ardito, Zalom, Stogdill, Filippone and Lamb all voted “Yes”. The motion passed.

Chris Parlow stated that he will draft a resolution and the No. will be 2007-240A.

COMMENTS FROM THE PUBLIC:

Judy Farfalla, 15 Bond Avenue-questioned whether or not at the special meeting only residents of Lavallette can attend or could anyone attend.

Attorney Phil George stated that it is a public meeting so technically anyone can attend.  The only restriction is that when someone speaks they have to identify who they are and where they live.

Cory Wingerter, 20 Bond Avenue-wanted to thank Councilwoman Filippone for meeting with their group to get their opinion on the transfer of Lenny’s. 

Sam Giampetro, 112 Guyer Avenue-stated that he doesn’t believe that any person of Council should be meeting with any groups on this subject behind close doors. He also questioned the need for an additional hearing on the matter.   

Administrator Chris Parlow stated that the public hearing being held on November 16^th is required by law.

Sam Giampetro stated that the question should be place on the ballot for November so the entire public can vote on the issue.

Chris Parlow stated that he did not believe A.B.C. law would permit this issue to be placed on the ballot.

Sam Giampetro stated that the ordinance restricting the footage between establishments should be put on the ballot not the transfer.

Councilwoman Filippone stated that her meeting with the group was not behind closed doors.  She would be happy to discuss what happened and what was said at that meeting.  Anyone who has an interest in hearing what went on at that meeting she would be happy to share. She stated that she has had discussions with various groups of people and individuals who are on both sides of the issue.  She stated that without her there would be no discussion.  She said she will stand her ground and she will continue to discuss this issue with anyone in Lavallette.  When she decides how she is going to vote she will do so accordingly.  She will not make a decision until she is absolutely sure that it is the best vote for the town.

Councilman Ardito questioned whether there were minutes taken at the meeting held with the opponents of Lenny’s.

Councilwoman Filippone stated that there were no minutes taken.

Michael Vastola, 19 Bond Avenue stated that the court report showed seven (7) DWI violations issued for the month.  He stated that the addition of more bars will add more DWI’s.  He also stated that Council passed a resolution tonight for Put the Brakes on Fatalities Day.  He suggested that the Council should think about that.

Cory Wingerter, 20 Bond Avenue stated that they only requested a meeting with Councilwoman Filippone because they were under the impression that the owner’s and the people who are for this change were already meeting with members of Council.

Richard Stone – attorney representing Lenny’s Pizzeria and Restaurant - stated that he and the owner’s of Lenny’s have never met with any member of Council about this issue.  The only discussions that he has had have been with the Borough Attorney, Mr. George.

Cory Wingerter, 20 Bond stated that he apologizes for the statement about the owners of Lenny’s having meetings with Council Members.  He was told that there were meetings already going on.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilman Ardito stated that he reviewed some of Council’s decisions year to date.  We cancelled the tennis court repairs but we still paid the Engineer for his time.  We still have bicycles going whichever way they want.  We paid lots of money to the county for the dredging project and it wasn’t done correctly.  We have a website that needs refreshing and should be at least brought to current level.  We have an association pleading with us to have a liason attend there meetings.  We have a resident at every meeting complaining about the sand on the boardwalk.  We don’t even really listen to him.  We purchased office furniture that was reasonable but sent back and now we can’t find any at a decent cost.  Now we pass a resolution to purchase this John Deere without even researching if extra manpower could do the job.  These are very strong concerns that I am very worried about.  We need to listen better to our residents and take more time to research the problems.

Councilman Lamb stated that we did research the repairs of the tennis courts.  We always make decisions at meetings and take the necessary action that is necessary.

Councilman Ardito stated that a background check should only take three days not three months.

Chris Parlow stated that the applicant had to provide the proper paperwork before a background check could be done.

Councilwoman Zalom stated that she was glad Councilwoman Wenzel wasn’t here to listen to Councilman Ardito’s comments.  She always investigates things thoroughly.  She stated that the Council does take a while to do some things but that is also because of the ramifications. The Council needs to be careful before decisions are made. We try to keep taxes down the best way we can. 

Councilwoman Filippone stated that she is very proud of what she accomplished in ten (10) months and it is a lot more than a lot of people.  She is given a job and it gets done no matter what.  Pavers are not the only part of ground coverage.  She stated she will stand by her support of the ground coverage ordinance.  She stated that it will not solve the entire drainage problem in town but it’s a start.  The John Deere to remove sand from the boardwalk was researched by Councilwoman Wenzel in great detail.  Mr. Dewes’ comments are that the removal of sand is not done in a timely manner.  Adding more manpower will cost us more money in the long run than purchasing a piece of equipment.  The tennis courts were researched thoroughly and the Council backed off of the project for now because we were horrified by the cost.  She stated that she thoroughly resents the fact that Councilman Ardito implied that she does not understand the liquor ordinance. She stated that Councilman Ardito proposed an ordinance to go from 1500 feet. to 0 feet with no investigation of where that was going to take us.  She stated that it was part of her responsibility to protect this community and she will research this subject from beginning to end and will not make up my mind until she is fully satisfied with her decision.  The background checks took so long because the owners of Lenny’s were asked for five years of paperwork and needed time to get the paperwork together.  Do not put out to the public that the Police Chief is not doing his job because he did a fine job.

Mayor LaCicero stated that we have done really well this year. The meetings have gone smoothly with low levels of animosity.  In reference to the bridge dredging, we took out the most amount of sand that our contract allowed us to take without facing additional penalties from the DEP.  He stated that the Borough did exactly what we were allowed for this year.  He stated that the Council is doing a good job in its entirety and he is going to try to keep it under control for the rest of my term.     

EXECUTIVE SESSION:  There was no executive session.

 ADJOURNMENT: 

A motion was made by Council President Zalom to adjourn the meeting. The motion was seconded by Councilwoman Filippone. All of Council was in favor. The motion passed. The meeting was adjourned at 9:23 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 15^th day of October, 2007. 

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk  

BOROUGH OF LAVALLETTE (MINUTES)

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, September 24, 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 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.

MOMENT OF SILENCE:  The Mayor asked for a moment of silence for Lenny Christoforo who passed away.

PLEDGE OF ALLEGIANCE:  Councilwoman Filippone led us in the Salute to the Flag.

MAYOR’S WELCOMING STATEMENT:  At this time, the Mayor asked that anyone who wanted to speak about anything other than what was on the agenda could do so now.  Nobody wished to speak at this time.

APPROVAL OF CLERK’S MINUTES:

Approval of Caucus/Regular Minutes of the September 10, 2007.

A motion was made by Council President Zalom to approve the minutes. The motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted “Yes”. The motion passed.

REPORTS:

a)   Zoning Report for August 2007-Councilwoman Filippone-read report

b)   Revenue Transaction Report for August 2007-Chief Financial Officer

A motion was made by Councilwoman Filippone to receive the Revenue Transaction Report. The motion was seconded by Councilman Stogdill. 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:

2007-192         authorizing an agreement between the Borough of Lavallette and the Lavallette

                         Dispatchers and Records Clerks Association for a contract effective September

                         24, 2007 for the period covering January 1, 2006 through December 31, 2008

2007-226         expressing support for a reduction in the size of the State Bureaucracy by     downsizing the state work force, specifically in the Executive Branch of Government-Council President Zalom thanked the legislators for seeing the problem and trying to rectify it.

2007-227        authorizing the Mayor to execute an agreement between the Borough of Lavallette and the Lavallette Volunteer First Aid Squad, Inc. providing for a payment of $28,000 for services rendered to the municipality for the year 2007 which includes the cost of utilities and insurance premiums (not to exceed $9,000.00)-

Council President Zalom stated that we were very fortunate to have our First Aid Squad 24 hours a day and seven days a week for that little amount of money.  

2007-228         authorizing the issuance of a Bingo license (BL-371) for the year 2008 to the Rosary Altar Society of the Church of St. Bonaventure.

2007-229        authorizing payment of unused sick time in the amount of $828.24 for Daisy

                        Colon.

2007-230         rejecting the bid received for the tennis court resurfacing project and authorizing the receipt of new bids.

Council President Zalom stated that she was anxious to get the tennis courts redone.  She stated that she was waiting for a call from the County to see if this could be done under Schedule C.

2007-230A     authorizing the issuance of Raffle Licenses (RL-372 & RL-373) to the Union    

                       Church of Lavallette, Inc. to be held on September 28, 2007

A motion was made by Council President Zalom to approve the resolutions on consent. The motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted “Yes”. The motion passed.

RESOLUTIONS-OFF CONSENT:   There were no resolutions off consent.

APPROVAL OF VOUCHERS:

2007-231         Bills List in the amount of $2,894,766.55

A motion was made by Councilwoman Wenzel to approve the Bills List. The motion was seconded by Council President Zalom.  Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone all voted “Yes”.  Councilman Lamb abstained on Purchase Order #07-0804 due to a conflict and voted “Yes” on the rest. The motion passed.

ORDINANCES ON FOR 2^nd AND FINAL READING:

Ordinance No. 2007-11 (1022) ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 90 OF THE BOROUGH CODE, ENTITLED “ZONING” SO AS TO ESTABLISH LIMITATIONS ON GROUND COVERAGE.

A motion was made by Council President Zalom to adopt Ordinance No. 2007-11 (1022). The motion was seconded by Councilman Lamb. The Mayor asked for any Council Comments.

Council Comments:

Councilwoman Wenzel stated that she spoke with David Friedman who is the Director of the Soil Conservation District and he gave her a lot of literature on this topic.  There is enormous support for this type of Ordinance.  There is an actual scientific body of data on this subject that is very informative.  Ground water percolation is very important to us all.  She stated that she is very supportive of this Ordinance.

Councilwoman Filippone thanked Councilwoman Wenzel for all her research.  She stated that the Planning Board continues to support this topic.  How to enforce it is something that is going to have to be looked into.  There will be a $50.00 zoning permit fee for the installation of ground coverage.   The Council may have to consider increasing the hours of the Code Enforcement Officer.

Councilman Ardito stated that this is just a band aid to the problem.  He doesn’t believe that pavers are the problem. 

Councilwoman Filippone stated that this Ordinance is not the solution but it’s definitely a start.  Storm drains will not pick up all the water.

Councilwoman Wenzel stated that the source of the problem is really a lack of education.  Soil has spaces in between the grains.  The percolation goes in between each of these spaces.  Without a place for these spaces to percolate the water just builds up and eventually floods the streets. 

Councilman Ardito stated that he has not seen a change in the flooding in this town for ten years.  Eventually, we are going to have to upgrade our storm drains due to the population of the town.

Council President Zalom stated that this is just a small step in the right direction.  She also announced that the Department of Transportation will be coming in the next few weeks to clean out the storm drains and manholes along the highways.  She also reported that she has a conversation with Freeholder James Lacey, who stated that there is no money for the restoration of Route 35 South at this time so the project will not be started.

Councilman Ardito stated that he thought he saw a memorandum that said it would be completed by 2009.

Council President Zalom stated that the planning would be completed by 2009 not the project.

A motion was made by Council President Zalom to receive into record the report issued on September 24, 2007 by the Planning Board in support of this ordinance. The motion was seconded by Councilman Stogdill. Vote: Council Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted “Yes”. The motion passed.

Mayor LaCicero opened the public hearing on Ordinance No. 2007-11 (1022).

Public Hearing:

James Borowski, 141 Newark Avenue questioned where the right of way was from the curb to his property.

Mayor LaCicero stated that there is a 15 foot right-of-way.

Mr. Borowski stated that he thinks that this Ordinance should go back to the Planning Board for some fine tuning.  He also asked about specifying the type of pavers that can be used.  Does that mean that only echo pavers can be used?

Mayor LaCicero stated that any type of concrete or pavers is included in this Ordinance.  The echo pavers were just an example.

Councilwoman Filippone stated that the only restriction that was put on was not being able to use waterproof grout. Echo is just a generic type of pavers.

Mr. Borowski also questioned why decks are included since most decking has slits and water can go through all the time.

Councilwoman Wenzel stated that a deck is disrupting the land.  It is a decorative item.

Mr. Borowski stated that he thought the Ordinance was too restrictive.

Councilwoman Filippone stated that the total coverage is 57%, therefore, you could do either more ground coverage and less structure coverage or less structure coverage and more ground coverage. The ordinance provides options.

Mayor LaCicero stated that we can always modify the Ordinance in the future if it seems to be becoming a problem.

The Mayor closed the public hearing on Ordinance No. 2007-11 (1022).

The Mayor called for a vote.

Vote: Council Members Wenzel, Zalom, Stogdill, Filippone and Lamb all voted “Yes”.  Councilman Ardito “Abstained”. The ordinance passed.

Ordinance No. 2007-15 (1026) ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 1 OF THE BOROUGH CODE, ENTITLED “ADVISORY COMMITTEES” SO AS TO CHANGE SECTION 1-1 ENTITLED “ESTABLISHMENT” SO AS TO ADD THE “MUNICIPAL PARKING ADVISORY COMMITTEE.”

A motion was made by Councilwoman Filippone to approve Ordinance No. 2007-15 (1026). The motion was seconded by Councilman Lamb.

Mayor LaCicero stated that this ordinance was initially for the parking problems on President Avenue but now this committee will look at the  parking problems of the whole town and hopefully can come up with some type of solution  The committee will have 11 to 13 members on it with at least one person from each association on it.  Letters of request were sent to the LBA and the WPICA.  The Chief of Police will also sit on the committee. The Mayor asked for Council Comment.

Council Comment:

Councilman Ardito stated that he thought both political organizations should also be included in the committee.

Mayor LaCicero stated that he did not feel that the parking was a political issue and reminded the Council that the appointments to the committee will be with the advice and consent of Council.

Mayor LaCicero opened the public hearing on Ordinance No. 2007-11 (1022).

Public Hearing:

There were no comments from the public.

The Mayor closed the public hearing and called for a vote.

Vote:  Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted “Yes”. The ordinance passed.

UNFINISHED BUSINESS:

There was no unfinished business.

NEW BUSINESS:

Councilwoman Wenzel stated that funds were set aside for the Boardwalk project.  The specifications were done for the lumber and we will be going out to bid.  Public Works foreman is in the process of viewing the situation.  There is one homeowner who has come forward and expressed concern about the vegetation on his property.  We have viewed his concerns and it should not have any impact on his property.  There is a lot of vegetation and fences leaning over onto the boardwalk that is going to need to be addressed.  Maybe we should do some type of construction easement notification to all those property owners.

Attorney Phil George stated that anything that is removed from a property must be replaced.

Mayor LaCicero stated that maybe letters should go out to those property owners with the encroachments stating that they must be removed before the project begins.

Councilwoman Filippone stated that the Zoning Officer, Richard Remy, has already taken pictures of the encroachments on the boardwalk.

Administrator Parlow presented Council a beach report that included the revenues and expenses.  He stated that the report only includes the direct expenses of beach operations and not the indirect cost associated with public works, police and administrative costs.

Councilman Ardito stated that he is pleased with the bottom line increase.

Mayor LaCicero stated that he spoke to Michael Sinnema from Birdsall Engineering, Inc. Birdsall is performing an environmental study along with Stevens Institute and Monmouth University and would like to include the Lavallette bayfront.  The study will measuring wave action and mitigation methods.  There will be no costs to the town.  This project will be funded through a grant. The Council may need to adopt a resolution of support for the project.

Councilwoman Wenzel questioned where the grant funding is coming from.

Mayor LaCicero stated that the grant is coming out of Monmouth University and Stevens Institute.

COMMENTS FROM THE PUBLIC:

Anthony Gallo - 215 Newark Avenue - questioned the Bay Beach Annexation and how much of an affect would it have on the Police, Fire and Public Works.

Mayor LaCicero stated that the Police, Fire and First Aid already respond there for backup and he had the Chief look into and he said that there would be no need for additional hours or officers.

Mr. Gallo questioned Councilman Wenzel on why she voted no to the support of the annexation since it seems like a win-win situation for the town.

Councilwoman Wenzel stated that she is for the people of Lavallette and not the people of Bay Beach Way.  She has some concerns with access to Bay Beach Way and having to driving municipal vehicle through Toms River Township to access the street.  She just doesn’t find that it is feasible for the Borough.

Mayor LaCicero stated that Borough vehicles currently have to travel through Toms River to access Dover Avenue. He also stated that the Resolution adopted by the Council was just to show support for annexation and was non-binding.

Councilman Ardito stated that he spoke to some residents in town and they are not interested in any more annexations.

Councilman Lamb stated that the annexation will bring in approximately $120,000 more per year without much additional expenses.

Lucia Correll - 2207 Baltimore Avenue - wanted to give some suggestions.  She asked if Lavallette could be a drop off place for hazardous waste to make it easier for the residents to dispose of the goods.

Councilwoman Wenzel stated that Seaside Park has a paint management program where you can drop of your old paint cans but hazardous materials must go directly to the Ocean County Recycling Center.

Mrs. Correll also thought that if signs were posted on the south side of Route 35 telling people where to turn for the businesses it would help with the bicycle and car traffic.

Clem Boyers - 20 Kerr Avenue - stated that the fences on the boardwalk are very dangerous.  He is afraid for the children in town.  He states that 25% of the fences are in disrepair.

Councilwoman Wenzel stated that Public Works continually are replacing the storm fencing up at the boardwalk.

Council President Zalom stated that the Lavallette Business Association had requested those signs for 35 south also.  The problem is they would have to fit state statutes and they are not very attractive signs.

Councilwoman Filippone stated that people need to just take responsibility for themselves and understand that the law is the law.  Bicycles must follow the traffic that is the law.

Corey Wingerter - 20 Bond Avenue - questioned when the 2^nd hearing would be on Lenny’s License.

Mayor LaCicero stated that there will be four (4) weeks in between from the 1^st and 2^nd readings and the public hearing will be held on a Friday.

Harry Dewes - 214 Newark Avenue - stated that the removal of fences on the boardwalk has become a very slow project.  He stated that there are spikes sticking out of the ground that poses a very dangerous situation.

Lucia Correll - 2207 Baltimore Avenue - stated that she usually picks up any kind of litter while she is on the beach.  This year she hasn’t had to pick up much so that new beach machine is certainly doing a great job.  She also stated that the dog signs contradict themselves and should be removed.

COMMENTS FROM THE MAYOR AND COUNCIL MEMBERS

Councilman Ardito stated that he was present at the Triathlon on Sunday and it was very interesting.  All the participants are definitely in fine shape.

Councilwoman Wenzel stated that there are public hearings going on at the County in reference to the re-licensing of the Oyster Creek Nuclear Power Plant.  The public is allowed to be there and here the testimony.  Everyone should make a point to attend.

Councilman Lamb spoke about the Old Timers Tea and how the Mayor did a good job.

Council President Zalom spoke about Brian McGinn our reporter for the Ocean Star who is going to be moving to Virginia soon.  The sink holes on Washington Avenue will be taken care of by the State Department of Transportation. She also reported on the Clean Ocean Action will have their fall beach sweep on October 20^th and the Halloween Ho Down will take place on October 26^th.

A motion was made by Council President Zalom to go into Executive Session. The motion was seconded by Councilwoman Wenzel.  All were in favor.  The motion passed. The Council entered into executive session at 8:53 pm.

EXECUTIVE SESSION:

Pending Litigation –             Government Records Council / Paff

                                    Department of Environmental Protection / Permit Violation

Personnel –                  Department of Public Works

A motion to return to regular session was made by Council President Zalom. The motion was seconded by Councilman Stogdill.  Vote: All were in favor. All members were present. The motion passed. The Council returned to regular session at 9:42 pm.

Attorney Phil George was asked to summarize the context of the executive session. The Council discussed the proposed personnel change to the position of supervisor of public works. Civil Service requirements for the position of supervisor of public works were discussed including job descriptions, posting of the position and the rule-of-three selection process. No action to be taken.

Mr. George also reported that he had updated the Council in regard to a Government Records Council litigation and rejection of mediation in the Paff matter regarding executive session minutes.

Mr. George also reported that he updated the Council in regards to the DEP litigation against Lavallette for dune encroachment in violation of the permit. The current status has not changed since the last correspondence was submitted.

ADJOURNMENT:

A motion was made to adjourn the meeting by Councilman Stogdill. The motion was seconded by Councilwoman Filippone.  Vote: All were in favor.  Meeting was adjourned at 9:44 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 24^th day of September, 2007.

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk  

BOROUGH OF LAVALLETTE

SPECIAL MEETING OF THE BOROUGH COUNCIL (MINUTES)

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, September 17, 2007 – 5:00 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding

ROLL CALL: Council Members Lamb, Wenzel, Zalom, Filippone and Stogdill were present. Council Ardito was absent.

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

                               Philip George, Borough Attorney

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 Star and the Asbury Park Press on September 12, 2007. Notice was posted on the Municipal bulletin board.

The Mayor dispensed with the Moment of Silence and Pledge of Allegiance.

MOMENT OF SILENCE:

PLEDGE OF ALLEGIANCE:

RESOLUTIONS:

RESOLUTION NO. 2007-13

RESOLUTION OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AUTHORIZING THE CONVENING OF AN EXECUTIVE SESSION IN ACCORDANCE WITH THE OPEN PUBLIC MEETINGS ACT

A motion was made by Councilwoman Filippone to approve Resolution 2007-13 to enter into executive session. The motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Stogdill, Filippone and Lamb all voted “yes”. The motion passed. The Mayor and Council adjourned to Executive Session at 5:05 pm.

EXECUTIVE SESSION:

Collective Bargaining Agreements

A motion was made to return to regular session by Councilman Stogdill. The motion was seconded by Councilwoman Wenzel. Vote: Council Members Stogdill, Wenzel, Zalom and Filippone voted “yes”. Mayor LaCicero and Councilman Lamb excused themselves during the executive session due to conflict and were not present after the conclusion of the executive session. The motion to return to regular session passed. The regular session of the Council Meeting resumed as 7:18 pm.

Borough Attorney Phil George was asked to summarized the contents of the executive session. The Council discussed the pending three contracts. The contracts included dispatchers, public works and PBA. The contexts of the discussion was to advise the Borough Council of the current status of the negotiations and what agreements have been reached and what disagreements remain in regards to salaries. The negotiations are ongoing so the specific terms will not be recorded for the record. The difference in the DPW contract related to percentages of increase. The discussions on the dispatcher’s contract related to the creation of steps. The PBA negotiations related to not only percentage of increase but certain terms that relate to management prerogative and discipline. Mr. George again stated that the contracts are still under negotiations and the issues can not be disclosed under the Open Public Meetings Act and the Open Public Records Act.

ADJOURNMENT:

A motion to adjourn the meeting was made by Councilwoman Filippone. The motion was seconded by Councilman Stogdill. Vote: Council Members Stogdill, Wenzel, Zalom and Filippone voted “yes”. The meeting was adjourned at 7:20 p.m.

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 September, 2007.

__________________________

CHRISTOPHER F. PARLOW

Municipal Clerk  

BOROUGH OF LAVALLETTE (MINUTES)

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, September 10, 2007 – 7:06 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 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.

MOMENT OF SILENCE:  Mayor LaCicero read the names of residents and relatives of residents who perished on September 11, 2001 and he also asked for a moment of silence for one of our retired employees, Leonard Christoforo, who has been ill for several weeks.

PLEDGE OF ALLEGIANCE: Councilwoman Wenzel led us in the Salute to the Flag.

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

Corey Wingerter, 20 Bond Avenue questioning when the special meeting will be for Lenny’s Pizzeria.  He would like four (4) weeks between the 1^st and 2^nd readings.

Mayor LaCicero stated that there is nothing on the agenda today so it would not be for at least another couple weeks.

Attorney Phil George stated that because there is a great amount of interest on this subject  and to save the Borough money but not having a special meeting the earliest action that would be taken would be at the September 24^th meeting.  That would not be the hearing date.  The hearing date would then be at the 2^nd meeting in October which would be a least five weeks in between meetings.

Councilman Ardito questioned if the ordinance could be untabled at any council meeting.

Attorney Phil George stated that the motion to un-table the Ordinance must be moved by one of the four members who tabled the original ordinance.  That Ordinance was to eliminate the 1,500 foot distance between establishments.  It was tabled prior to the introduction so it was never introduced.  

Chris Parlow stated that whenever the new Ordinance gets introduced Council has the flexibility to establish whatever date they want for that Public Hearing as long as it meets the minimum publication requirements.

SPECIAL PRESENTATIONS BY GROUPS OR ORGANIZATIONS TO THE COUNCIL:

Bay Beach Way Property Owners Annexation – John Paul Doyle, Esq.

John Paul Doyle, Esq. speaking on behalf of the Bay Beach Way Property Owners

The property owners are looking to become part of Lavallette Borough.  That process goes by way of petition showing the support of 60% of effected land owners.  There are 60 properties on the North and South side of Bay Beach Way and a handful along Route 35 South.  There are fifty eight (58) single family properties and two (2) commercial properties owned by the Association.  The total assessed value on these sixty (60) properties is approximately $12,000,000, out of a total assessment value for the Township of Toms River of $8,000,000,000.  The case was presented to the Toms River Planning Board. Mr. Doyle stated that the Planning Board denied the application due what they claimed would be a significant loss to Toms River.  The group Mr. Doyle represents has filed a court suit since then.  According to Mr. Doyle, the court needs to know the Borough Lavallette’s position in regards to the annexation if they, the court, decide to reverse Toms River Planning Board’s decision.  Mr. Doyle stated that Bay Beach Way, for many, is thought to be part of Lavallette already.  Their mailing addresses and driver’s licenses says Lavallette.  They can watch Lavallette meetings on the television but not Toms River meetings.  The residents of Bay Beach Way feel they are already part of Lavallette Borough.  Mr. Doyle stated that you can not leave Bay Beach Way without going through Lavallette.  Their basic day to day services are in Lavallette such as pharmacy, restaurants, churches, shopping.  In their hearts and minds they are in Lavallette.  However, they cannot vote in Lavallette.  There are only 21 voters, so most of them do not live here year round.  Most of the residents are senior citizens.  It is uniquely different from the other parts of the Toms River barrier island.  Bay Beach Way, by its type of land use,  should be part of Lavallette but is not due to the boundaries that were drawn.  What really matters is that these residents and their street should be able to really call themselves Lavallette residents.  The Property Owners’ Association is asking that Lavallette do a resolution supporting the annexation so they can present it to the court for consideration.

Councilman Ardito stated that it would be an additional $120,000 in revenue with the annexation.

Mr. Doyle stated that our assessor stated that the average assessment of Bay Beach Way is about $215,000.  If you had a house that was assessed at $380,000 in Toms River Township the ratio is 38% which would mean the true value of the home would be a $1,000,000.  In Lavallette, the house would be worth $930,000.  Mr. Doyle stated that the mathematics would indicate that the addition revenue to Lavallette would be $227,709. The point is this, these residents started this when they looked across their lagoon on a very bad snowy day and saw Lavallette streets being cleared while they sat and waited for Toms River and could not leave their houses.  The tax revenue gain is a couple hundred thousand dollars. 

Mayor LaCicero asked if that was just the municipal tax or the overall.

Mr. Doyle stated that he believed that it was the overall tax.

Councilman Ardito stated that it is a pleasing number.

Mayor LaCicero asked Mr. Parlow if this was to go through would our tax assessor have to go out and assess all these properties.

Mr. Parlow stated that yes the assessor would have to do that but that there would be no extra cost in doing so.  The assessor would do this during his normal hours of work.

Councilwoman Filippone asked what the average size lot is and would they be non-conforming properties by Lavallette standards.

Mr. Doyle stated that the average size is 58’ x 100’.  He stated that he has already spoken to our Zoning Officer and that in this zone the lots would be fully conforming.

Mayor LaCicero stated that this would be considered Residential Zone C.

Councilwoman Filippone asked for a description of the available roadway for access by the Police, Fire and First Aid.

Mr. Doyle stated that Bay Beach Way starts out at a 50 foot right-of-way. The road way widens about half way down the street and continues to widen again at the end of the street. It is a dead end road and according to State standards is sufficient for emergency vehicles.

Mayor LaCicero asked if there are curbs.

Mr. Doyle stated that there are curbs and sewers and also two fire hydrants on the street.

Councilman Lamb asked about the two lots owned by the Association.

Mr. Doyle stated that he cannot speak for the Association.  The subdivision map reserved them for the Association. They are assessed and taxed by the Township of Toms River so they would be assessed by Lavallette if annexed.

Councilwoman Filippone stated that it would be the same situation as the West Point Island Civic Association.  The Association would be responsible for the maintenance and paying the taxes.

Mr. Parlow asked if Mr. Doyle sees this street falling under Residential Zone C. 

Mr. Doyle stated that he sees know reason why it wouldn’t comply with the requirements contained in Zone C.

Mr. Parlow asked if the residents of Bay Beach Way have reviewed the Borough’s zoning codes. Mr. Parlow stated that he would not like to see sixty (60) new property owners coming into town that are now non-conforming based on the ordinance.

Mr. Doyle stated that they did fact finding and the properties will comply.

Mayor LaCicero stated that they have a 24 foot front-yard setback, 35% lot coverage, and 24 foot height. So the Borough’s code is more restrictive.

Councilman Ardito stated that we would have to make sure we could provide the same quality of service to Bay Beach Way as we do Lavallette.

Councilman Lamb stated that the Chief of Police did not see any extra police coverage.

Councilwoman Filippone stated that when there is an emergency situation our Police and Fire and First Aid arrive first anyway.

The Mayor asked is there was any more Council comment or questions.

The Mayor opened the floor to the public.

Joe Palinsky, 122 Washington Avenue stated that he thinks this should be put on for a ballot question on the General Election.

Jim Borowski, 141 Newark Avenue questioned the sewer services and whether or not they would be part of our sewer.

Mr. Doyle stated that it would remain Dover MUA regardless.

Mayor LaCicero closed the public comment portion. He asked for additional Council comment.

Councilman Lamb stated that he would like to make a motion to do a Resolution of support for the annexation.

Attorney Phil George stated that there is a statutory procedure.  We can do a resolution introducing the support or not support the future annexation of Bay Beach Way.

Councilwoman Wenzel questioned the language of the Resolution.

Mr. George stated that it should read “Whereas the presentation was made on September 10, 2007, and whereas at a prior time the Mayor and Council has been apprised of the procedure and whereas there is presently litigation pending which bars the introduction of an Ordinance, Now therefore be it resolved that the Borough of Lavallette supports the efforts and the application in court of the Bay Beach Way residents to be annexed to Lavallette and deannexed from Toms River Twp.

Mr. Doyle stated that they have just filed a complaint and their pretrial hearing is scheduled for  September 25^th, 2007.  He requested that the resolution be memorialized.

Councilwoman Wenzel stated that she would like some more discussion and then perhaps see it on the next agenda since there is no rush.

Mayor LaCicero stated that Councilman Lamb or Councilman Stogdill could withdraw there motion or we could vote on it as is.

Councilman Lamb stated that he would like to vote on it as is.

Councilwoman Filippone asked that assuming we pass the resolution and they go to court and the court reverses the decision would the Borough have to do an Ordinance and that the ordinance may be defeated.

Mr. George stated that this step is a step added by the Court. They are required to come to the municipality they want to be annexed with and get support from them.  It is not in the statute but it is just an extra step. Mr. George stated that the fact finding will be done under the statutory proceedings. The resolution in question is merely of intent.  We have to do fact finding in a public hearing on the record.  Mr. George stated  that he does not recommend we engage in that process because the statute says we can not.

Councilman Lamb stated that his motion was just to do a Resolution of support.  This is not the first time we have looked at this.  The street and residents do conform to the Lavallette properties.  It looks like Lavallette.  There is no significant impact on emergency services or the school system.  To show support this evening is the right thing to do.

Councilman Stogdill stated that this is a group of citizens who truly want to be a part of Lavallette.  This is clearly a win situation. 

Council President Zalom stated that we should give them a chance and support them along with some fact finding. 

A motion was made by Councilman Lamb to approve the resolution of support for the annexation of Bay Beach Way as read by Mr. George. The motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Zalom, Stogdill, Filippone and Lamb all voted Yes.  Councilwoman Wenzel passed and then voted No.  The motion passed.

APPROVAL OF CLERK’S MINUTES:

Approval of Regular Minutes of the August 20, 2007 meeting and Executive Session minutes of August 20, 2007 meeting. Approval of Special Meeting Minutes of August 27, 2007 and Special Meeting Executive Session of August 27, 2007. Approval of Minutes from Bid Opening for Tennis Court Resurfacing of September 5, 2007.

A motion was made Council President Zalom to approve the minutes. The motion was seconded by Councilwoman Filippone.  Vote: Council Members Ardito, Zalom, Stogdill, Filippone and Lamb all voted Yes.  Councilwoman Wenzel abstained on the August 27 minutes and voted Yes on all others. The motion passed.

REPORTS:

a)     Beach Report for August 2007-Councilman Lamb

b)     Beach Report for September 2007 – Councilman Lamb (final with yearly comparison)- read report.  He reported that this year was a record high for badge sales. He is very proud of the entire beach staff.  Councilwoman Wenzel asked if there were any increase in expenses this year.  Councilman Lamb stated that it appears there was an increase of about $8,000 more in expenses.  He also stated that Jim Cresbaugh and Richard Laird will be doing there reports with some recommendations.

c)     Police Report for August 2007-Councilwoman Filippone-read report

d)     Public Works Report for August 2007-Councilwoman Wenzel-read report. She thanked Mike Visco for doing a great job.  Would like a letter of thank you sent to the Department of Corrections for all their help this year.  Relieved summer season is over.  Most seasons she receives a lot of complaints by phone but this year no complaints.  This summer went off without a hitch. She stated that she is very pleased.

e)     Public Affairs Report for August 2007-Council President Zalom- She stated that Heritage Day was another wonderful day. She gave a big thank you to Laurie O’Brien for a great job.  Thanks should also go out to Eleanor and Jim Saks for all their help with the Shuffleboard games.  The fall schedules for September through December will be on the bulletin boards.  There is a dog walk on September 15^th, 2007.

f)            Municipal Court Report for August 2007-Councilwoman Filippone-read report

g)            Planning Board Report for August 2007-Councilwoman Filippone-no cases for the month

h)         Animal Control Report for August 2007-Councilwoman Filippone-read report

i)          Tax Account Status for August 2007-Tax Collector

A motion was made to receive the Tax Account Status Report by Councilwoman Filippone. The motion was seconded by Council President Zalom.  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:

2007-216         authorizing the refund of a tax overpayment in the amount of $1,156.54 on Block           

                         30.01, Lot 1, Qualifier C03

2007-217         appointing Glenn Nuefeld as a lifeguard for the Lavallette Beach Patrol from August 27, 2007 through September 3, 2007 and appointing Amanda Gordon as a beach badge checker from August 1, 2007 through September 4, 2007.

2007-218        appointing Catlyn Griffith as a part time seasonal worker for the Department of Public Works from August 17, 2007, until October 31, 2007.

2007-219        authorizing the cancellation of the 3^rd and 4^th quarter taxes in the amount of $1,470.00 on Bock 2 Lot 29 for the 2007 tax year due to an error in assessment.

2007-220        authorizing the approval of Eric Denvir, Ryan Darling, and Derek Jovanovic to attend the Ocean County Police Academy for Class II training to commence on

                        September 7, 2007 and ending May of 2008.

2007-221         authorizing the approval of RL-370 for the Church of St. Bonaventure 50/50 On-Premise raffle on October 26, 2007.

2007-222        requesting the Director of the Division of Local Government Services to approve             

                        the insertion of an item of revenue in the budget year 2007 in the amount of

                        $4803.12 for the Drunk Driving Enforcement Grant Program.

2007-223        supporting the Green Acres, Farmland, Blue Acres, Historic Preservation Bond

                       Act of 2007

2007-224       appointing Jane Thompsen as a crossing guard for the Lavallette Police Department effective September 5, 2007.

2007-224A     authorizing the release of Lavallette Planning Board escrow to Mark DeGiacomo of 3 Pershing Blvd. in the amount of $753.00

2007-224B     authorizing the release of Planning Board escrow to James LaCava of 252 Westmont Avenue in the amount of $774.00.

2007-224C      authorizing the receipt of bids for the purchase of a Compact Tract Loader (Beach and Dune Maintenance).-Councilwoman Wenzel stated that this is the T300 not the Cushman.  The use of another one will certainly save us time and money.

2007-224D      authorizing the receipt of bids for the purchase of Boardwalk Lumber and Supplies.

2007-224E      appointing Arleen E. Maglionico as Temporary Clerk Typist for the Administrative Office

A motion to approve the consent agenda was made by Council President Zalom. The motion was seconded by Councilwoman Wenzel.  Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The motion passed.

RESOLUTIONS-OFF CONSENT

2007-224F      authorizing the award of a contract to American Tennis Courts, Inc. for the tennis court resurfacing project in the amount of $91,025.00.

Councilman Lamb questioned when the project is going to begin.  Mayor LaCicero stated that there was only one bid that came in and it was 25% higher than we expected.  He does not believe it is  very cost effective. 

Mayor LaCicero thinks Council should reject bid and go out to bid again with an alternate option for asphalt paving. 

Councilwoman Wenzel stated that she did not think the time frame of 10 days was enough in regards to the weather.

Administrator Chris Parlow stated that five bids were picked up at the engineer’s office.  Four of them were paving companies.  Only one responded because of the synthetic overlay.  He agrees with the Mayor about going out to bid again with the alternate option.  We should look at this again in spring 2008.  The money was already bonded so it will stay in place until the project is complete. 

Councilwoman Wenzel noted that the engineer costs for this project appear to be quite extensive. She recommended that the Borough needs to pay close attention to future engineering costs on this project.  

Mr. Parlow recommended that the resolution be tabled and a new resolution  prepared for the next meeting rejecting the bid.

A motion to table Resolution No. 224F was made by Council President Zalom. The motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes.  The motion to table 2007-224F was passed.

APPROVAL OF VOUCHERS:

2007-225     Bills List in the amount of $1,272,422.13

A motion to approve the bills list was made by Councilwoman Filippone. The motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The motion passed.

ORDINANCES ON FOR FIRST READING:

Ordinance No. 2007-15 (1026) - AN ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 1 OF THE BOROUGH CODE, ENTITLED “ADVISORY COMMITTEES” SO AS TO CHANGE SECTION 1-1 ENTITLED “ESTABLISHMENT” SO AS TO ADD THE “MUNICIPAL PARKING ADVISORY COMMITTEE.”

A motion to introduce Ordinance No. 2007-15 (1026) was made by Councilwoman Wenzel. The motion was seconded by Council President Zalom.  There was not Council discussion.  Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes.

Public Hearing and Final Adoption of Ordinance No. 2007-15 (1026) is scheduled for September 24, 2007

COMMUNICATIONS:

Legal:

a)  Supplement to our Notice of Appeal in reference to Appeal of Civil Administrative Penalty Assessment/Philip G. George, Esq/Received August 22, 2007- Mr. George stated that a new decision rendered in August by appellate division which very substantially altars the definition to a primary dune and construction within the dune area and will be highly beneficial in our appeal.  We have also appealed on the basis of handicapped access.  We have received a call from the attorney general’s office and a Deputy Attorney General has been assigned.

Engineering:

New Jersey League of Municipalities:

a)  Update and Clarification on PEG Stations on System Wide Franchises/Received August 6, 2007.

b)  Governor Appoints Mayors Shing-Fu Hsueh and Michael Wildes to Immigration Panel-Information Request/Received August 9, 2007.

c)  Federal Census Accuracy Insurance/Received August 13, 2007.

d)  New Information from the Division of Local Government Services/Received August 14, 2007.

e)  Library Levy Cap Issues Update/Received August 14, 2007

f)  News Release on E-Trace/Received August 16, 2007.

g)  2007 League Conference Resolutions/Received August 15, 2007

h)  Make Plans to Attend the Annual Business Meeting on Friday, November 16, 2007, at the Sheraton Convention Center Hotel/Received August 16, 2007

i)  Proposed “Plan Endorsement” Guidelines/Received August 17, 2007

j)   Holland Ethics Forum Invitation/Received August 20, 2007

k)  Recent Legislative Development/Received August 23, 2007.

l)   Call for Nominations Sixth Annual Innovation in Governance Awards/Received August 23, 2007

m)  Attorney General Directive Concerning Immigration and State and Local Law Enforcement/Received August 24, 2007

n)  Governor’s Invitation/Received August 24, 2007

o)  New Information from the Division of Local Government Services/OPRA Seminar August 29/Received August 27, 2007

p)  2007 Clean Energy Conference/Received August 27, 2007/

q)  Special Invitation to Tour Regional Operations Intelligence Center(ROIC)/Received August 31, 2007

r)  President’s Initiative on Sub-prime mortgage Crisis/Received September 4, 2007

s)  Meeting Date Re-Scheduled for Police Standards Development to September 20, 2007/Received September 4, 2007

t)  Procedures for Implementation of Property Tax Levy Cap/Received September 4, 2007

u) Governor Signs Ethics Bills/Received September 5, 2007

General with No Action:

a)  Martha and Tom Hanley/1900 Baltimore Avenue/complaint letter in reference to the yellow painting of the curbs on the corner streets/Received August 6, 2007

b)  County of Ocean/Mary Jerkowicz/Recycling Program Aide/Ocean County Recycling Directory Updates/Received August 6, 2007.

c)  Joan Adair/Resident/complaint letter in reference to the badge checkers/Received August 7, 2007

d)  Ocean County Partnerships in Safety/Roden S. Lightbody/Traffic Engineer/Safe Routes to School 3 Day Webcast/Received August 7, 2007

e)  State of New Jersey/Dept. of Community Affairs/Office of Smart Growth/Lorissa Whitaker, Cross-Acceptance Coordinator/Ocean County Cross-Acceptance Public Hearing/Received August 8, 2007

f)  State of New Jersey/Dept. of Environmental Protection/DEP Bulletin/Lisa Jackson/Commissioner/Volume 31 Issue 15/Received August 9, 2007

g)  Cablevision/Adam E. Falk/Vice President/Launch of May TV and Latele Novela Latin Television waiver request/Received August 9, 2007

h)  State of New Jersey/Dept. of Environmental Protection/Stanley Cach/Assistant Director/Division of Water Quality/OCUA pursuing financial assistance from the NJ Environmental Infrastructure Financing Program for the rehabilitation of clarifiers at their Pollution Control Facilities/Received August 9, 2007

i)  State of New Jersey/Dept. of Environmental Protection/Wolfgang Skacel/Assistant Commissioner/Bay Blvd. Inspection Compliance/Received August 13, 2007

j)  Manchester Twp. Board of Education/Mark Stanley/Coordinator/letter thanking Chief Colin Grant and Officer Ryan Greenhalgh for their help with handicapped children at the Music Man/Received August 13, 2007

k)  Cablevision/Adam E. Falk/Vice President/Addition of Chinese ala carte Channels CCTV-4/Received August 15, 2007

l)  Roger Martin/Lavallette Utility Committee/Water and Sewer Infiltration Report/2^nd Quarter 2007/Received August 20, 2007-Councilman Ardito states that the 2^nd quarter of 2007 far exceeds 2006.  Amount of infiltration is slightly less than 2006. 

m)  Clean Ocean Action/Michele Plantamura/COAST Coordinator/thank you note for Mayor and Council’s support/Received August 22, 2007

n)   Judith Young/Resident/complaint letter on lack of badge checking/Received August 22, 2007

o)  State of New Jersey/Dept. of Environmental Protection/Lisa Jackson/Commissioner/DEP Bulletin/Volume 31 Issue 16/Received August 22, 2007

p)  Ocean County Planning Board/Mark C. Villinger/Assistant Planner/Ocean County Natural Lands Trust Fund Status Report-August 2007/Received August 24, 2007/

q)  Ocean County Dept. of Solid Waste/Mary E. Jerkowiz/Recycling Program Aide/Preliminary Recycling Rates for 2006/Received August 27, 2007.

r)  County of Ocean/Robin Cunningham/Asst. Administrative Analyst/July 2007 Recycling and Compost Reports/Received August 27, 2007

s)  County of Ocean/Cultural & Heritage Commission/Cynthia H. Smith/Administrator/letter to Joy Grosko on what types of organizations should be at Heritage Day/Received September 4, 2007

t)  Sierra Club/Faith Teitelbaum/Co-Chair/requesting the attendance at a workshop meeting in reference to US Mayors Climate Protection Agreement/Received September 4, 2007

u)  Jersey Central Power & Light/Michael J. Filippone/Director/Annual Proposal for Basic Generation Service/Received September 4, 2007

v)  Ocean County Columbus Day Parade Committee/Michael A. Blandina, Parade Chairman/requesting the presence of our officials in the parade/Received September 5, 2007

w)  State of New Jersey/Department of Transportation/Douglas Bartlett, Manager/Traffic Engineering and Investigations/thanking us for supporting bill A-2775/permissible parking distances/Received September 6, 2007

x)Larry and Linda Adams/Received September 10, 2007/in reference to Lenny’s Pizza requesting a Planner to review.

General With Action:

a)  Amanda Martin/Anthony Marinaro/126 Virginia Avenue/requesting permission to be married on Brown Avenue Beach on September 27, 2007.- Council approved

b)  State of New Jersey/9^th District Legislative Offices/Leonard T. Connors, Jr/Christopher J. Conners/Brian E. Rumpf/requesting Lavallette to do a resolution in support of our state employee reduction initiative/Received August 23, 2007-Mr. Parlow will do a resolution for the next meeting.

c)  Faith Lutheran Church/Rev. John T. Collins/requesting a traffic light on their corner of New York Ave. and Route 35 North-Councilman Stogdill would like Chief Grant to write a letter asking for a traffic light on that corner. 

d)  State of New Jersey/ Governor’s Council on Alcoholism and Drug Abuse/Mary Lou Powner/Executive Director/urging us to adopt and enforce a beer keg registration ordinance/Received August 23, 2007-Mayor LaCicero doesn’t feel this is a problem in our community.  Councilwoman Wenzel is only concerned with all other surrounding towns enforcing and people coming to us for kegs.  Mayor LaCicero recommends the Chief of Police review the information.

e)  The Foodbank of Monmouth and Ocean Counties/Susan M. Kelly/consider suggesting the FoodBank as a recipient of donations made in celebration of wedding ceremonies/Received August 21, 2007-Mayor said we will use to donations for maintenance of our own facilities.

f)  Ocean County Vocation Technical School/Adult Education/GIS-Homeland Security first Geographic Information System class/requesting participation/Received August 21, 2007-Mr. Parlow will refer it to the Police Department.

g)  Burlington County Bridge Commission/Gary LaVenia/Director/Improvement Authority Operations/requesting attendance to the South Jersey Shared Services Conference/Received August 15, 2007

h)  United States Dept. of Commerce/U.S. Census Bureau/Charles Louis Kincannon/Director/requesting participation in the 2010 Decennial Census Local Update of Census Addresses(LUCA) Program/Received August 13, 2007-Mr. Parlow stated that we will be participating in this program.

i)  Emil Manfredonia/21 Bryn Mawr Avenue/complaint letter about a vehicle sitting in front of his house and has never moved/Received August 9, 2007-Councilwoman Filippone stated that this was already looked into once before.  The vehicle is not in violation.  It is a dispute between neighbors.  Will speak to the Chief about this again.

j)  Jewish War Veterans of Monmouth and Ocean Counties/Michael Leibowitz/Commander/ requesting attendance at the 13^th Annual Law Enforcement Breakfast on September 23, 2007/Received August 7, 2007

k)  State of New Jersey/Dept. of Environmental Protection/Lisa Jackson/Commissioner/announcing the first annual “Clean Water New Jersey Awards” and for our participation/August 8, 2007

l)   Clean Ocean Action/Anna Will, Pollution Prevention Coordinator/Emily Hackett, Programs Coordinator/requesting permission to hold their 22^nd Annual Clean Ocean Action Fall Beach Sweeps on October 20, 2007 from 9am-12noon at Philadelphia Avenue/Received August 24, 2007-Mr. Parlow will send them approval letter.

m)  Diane Cittadino/requesting the use of the Pavilion on New Brunswick Avenue for a marriage ceremony on September 29, 2007 from 6:30-7:30 pm/Received August 28, 2007-Approved

n)  West Point Island Civic Assoc./Walter E. Boright/requesting an update on the dredging under the WPI Bridge/Received August 28, 2007-Mayor LaCicero stated that we have budgeted 30,944.00.  All seven hundred cubic yards were removed and the bill was 10558.78.  We have a substantial surplus left.  We should continue to use that money for the next couple of years.  We have a five year permit for this so let’s ask for the dredging again in the spring under the Schedule C.  Councilman Lamb asked if maybe we could look into the Tennis Court Paving under Schedule C.  Councilwoman Wenzel stated that the County had a problem with their dredge so they used a regular crane with a scoop.  That gave them limited access under the bridge area.  In terms of the permit we had applied for a different permit with a five year life.  Maybe we could modify the permit and put in a groin. Mayor LaCicero stated that we shouldn’t do anything right now.  Mr. Parlow will send an update to the WPICA.  Mr. Parlow stated that if the County comes back next year we will have to cancel this year’s Schedule C and do a new Schedule C for next year with the additional monies.  Councilwoman Wenzel asked if the bulkhead on Newark could be repaired with that money.  The County would provide the labor and we would pay for the materials.  Mr. Parlow will contact the bridge dept. for a proposal on the bulkhead.

o)  Trinity Heating & Air, Inc./proposal on Solar Photovoltaic System/Received September 4, 2007-Councilman Ardito stated that we received a proposal.  We are still not comfortable with the proposal and still have some questions.  Anyone who wants to transfer to solar power that has the rebates needs to go through the gas company.

p)  State of New Jersey/Department of Environmental Protection/Michael V. D’Errico, Supervising Forester DEP-Community Forestry/inviting the Mayor to attend their NJ Shade Tree Federation annual meeting on October 26-27, 2007/Received August 31, 2007-Cannot Attend.

q)  Board of Chosen Freeholders/Gerry Little/Freeholder/requesting the Mayor’s attendance at the Ocean County Planning Board 34^th Annual Dinner and Workshop on October 24, 2007-Mayor LaCicero will check his schedule.

UNFINISHED BUSINESS: 

Council President Zalom stated that the bus for Recreation is being worked on at Coast Cities.  Mr. MacDuffie is taking care of the costs to bring it up to safety codes.  There is a grant that we are applying for that will take care of the gas and maintenance of the bus.

Mr. Parlow stated that he has some union contracts that need to be discussed in detail.  He doesn’t believe that executive session late in the evening after the regular session is very productive.  How should we approach this situation?  A lot of things need to be addressed. 

Councilman Ardito asked that he condenses the information and give them cheat sheets.

Councilwoman Wenzel suggests that the Borough Attorney be there also.

The date of September 17, 2007 for a special meeting with an Executive Session at 5:00 pm was decided upon with everyone.

NEW BUSINESS:

Councilwoman Filippone stated that the Police Department received a $17,000 grant for a message board.

Mayor LaCicero stated that he had a couple of complaints in reference to the goal on the field and how many times soccer balls go in the street.  It is a very dangerous situation.  He asked that Public Works put some kind of wire fencing behind the goal to keep the balls from going in the street.

Councilwoman Wenzel stated that she will inform the Superintendent to take care of the situation.

COMMENTS FROM THE PUBLIC:

Herb Hascher, Bay Blvd. questioned whether or not the sand from the dredging could be used on the Washington Avenue beach.

Mayor LaCicero stated that our permit does not allow us to do that.

Mr. Hascher also asked about the Loori Bus and was anything done about the bus coming up the side streets.

Council President Zalom stated that she did speak to the Director and the bus drivers are only supposed to go down the side streets for the handicapped people who cannot get out.  She said she will speak to them about this and make sure it is taking care of.

Alice Bass, 200 Pershing Blvd. questioned whether there were schedules in reference to the storm sewer clean outs on the highways.

Mr. Parlow stated that we do not have a schedule with the State in regards to cleaning out catch basis. The State has been responsive to our calls. The Borough does call them periodically and they do respond. 

Mrs. Bass also questioned why we charge for the tennis courts when Ortley Beach’s tennis courts are free.

Councilman Lamb stated that you have to be a resident of Toms River Township in order to use those tennis courts. 

Jim Borowski, 141 Newark Avenue questioned whether or not the Department Heads take their vehicles home with them.

Mr. Parlow stated that the Superintendent of Public Works and the Chief of Police are allowed to take their vehicles home because they are periodically called out. 

Mr. Borowski also stated the Superintendent’s vehicle should have some type of decal on it so people know it is a municipal vehicle.  Another issue he had was some of the big equipment in the borough yard that should be garage kept is being left out in the elements.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

No comments from the Mayor and Council.

 ADJOURNMENT:

A motion was made to adjourn the meeting by Councilwoman Filippone. The motion was seconded by Councilwoman Wenzel.  Vote: All were in favor.  Meeting was adjourned at 9:35 pm.

CERTIFICATION

 I, CHRISTOPHER 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 CAUCUS MEETING OF THE BOROUGH COUNCIL HELD ON THE 10^TH DAY OF SEPTEMBER, 2007.        

                                                                                           ____________________________

                                                                                                      CHRISTOPHER PARLOW

                                                                                                          MUNICIPAL CLERK  

BOROUGH OF LAVALLETTE (MINUTES)

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, August 20, 2007 – 7:06 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 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.

MOMENT OF SILENCE:  Mayor LaCicero asked for a moment of silence for the 13 Americans lost in Oklahoma and Minnesota tragedies and the dozen in Jamaica. 

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

MAYOR’S WELCOMING STATEMENT:  Mayor LaCicero welcomed everyone in the audience and asked if anyone had any comments on anything that was not on the agenda.

Bernie Borrelli, 36 Dickman Drive-asked for Council’s permission to hold a Triathlon on September 23, 2007, starting at 7am.  They would need use of Bay Boulevard, the bayfront bathing beach, and the Lavallette Fire Department building for registration. The proceeds are to benefit the Boy Scouts Troop #22.  There will be fewer than 100 participants which will consist of mostly police personnel.

Mayor LaCicero asked if there will be any State Police patrolling in the waters and on land.

Mr. Borrelli stated that there will be a State Police water patrol and a land unit.  These troopers will be helping on Bay Boulevard.  There will be no disruption on the State highways.  There will be a 440 yard swim in the bay, then a 12 ½ mile bicycle ride down Bay Boulevard through Ortley Beach and Lavallette, then a run to Ortley Beach and then back to the gazebo in Lavallette.

Mayor LaCicero stated that this approval is contingent on the submittal of an insurance certificate to the Borough. 

Mr. Borrelli stated that he has already spoken to Chief Grant and he has offered his assistance.  The Boy Scouts will be responsible for all clean-up.

Councilman Ardito stated that it would be a good idea to involve the Lavallette and Ortley Beach First Aid in case of an emergency.  He stated he would be glad to be on standby for the Lavallette First Aid if they need him.

Councilwoman Filippone questioned whether the bicycle part of the race went onto West Point Island.

Mr. Borrelli stated that it does go around the perimeter of WPI in order to get the 12 ½ miles.

Mayor LaCicero asked for a motion to approve the Triathlon contingent on the insurance certificate.  Council President Zalom made a motion to approve.  The motion was seconded by Councilman Lamb.  Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted “yes”.  Motion was passed contingent on the submittal of insurance certificate.

Herb Hascher, 1301 Bay Blvd.-questioned whether or not anything is going to be done about the Ocean Ride bus using our side streets.  He thinks it’s very dangerous for that bus to be cruising down our side streets.  He should only be on the highways and Bay Boulevard.

Mayor LaCicero stated that he hasn’t been able to get in touch with the right person on this issue but he is working on it.

Council President Zalom stated that she has spoke to Kathy Edmonds about this before.  She will contact Ms. Edmonds again and advise her to rectify the problem.

Mr. Hascher stated that it seems to be only the afternoon bus at 4pm, 7pm and 10pm and it started in March.

Corey Wingerter, 20 Bond Avenue-asked for an update on the Ordinance change and the transfer in reference to Lenny’s Pizza.

Attorney Phil George stated that at the present time there are possibilities of placing conditions upon the applicant but at this time have not reached any action.  Council and Mr. Parlow will be discussing this in a couple of days.

Mr. Wingerter asked if there could be 4 weeks in between the 1^st and 2^nd readings instead of just the two weeks.