Borough of Lavallette, 2008 Council Minutes

READING OF THE OPEN PUBLIC MEETINGS ACT STATEMENT: Notice of this meeting complies with the Open Public Meeting Act. Public Notice was given to the Ocean County Observer, Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 11, 2008 . Notice was also posted on the Municipal bulletin board.

MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for all the troops and also the New Jersey National Guard who is shipping out this week.

PLEDGE OF ALLEGIANCE: Council President Zalom led the Salute to the Flag.

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

Mayor LaCicero asked if anyone in the audience wished to speak about anything that was not on the agenda could do so now. No one wished to speak at this time.

REPORTS:

a) Police Overtime Report for May-Councilwoman Filippone-read report

b) Animal Control Report for May-Councilwoman Filippone-read report

c) Public Works Report for May-Councilwoman Wenzel-read report

d) Municipal Court Report for May-Councilwoman Filippone-read report

e) Beach Badge Sales Report for May-Chris Parlow read from report

f) Planning Board Report for May-Councilwoman Filippone reported that the Planning Board had a workshop meeting and the discussed the proposals received for a professional planner. The Planning Board received three proposals. She reported that a committee put together of three members to go over the proposals and at the meeting of June 25^th.The committee should be giving the board a recommendation of who they feel should be hired. Once the Board hires this person there will be a preliminary meeting in either July or August that will be at not cost to the Borough. The planner will then return to a meeting in September to provide his recommendations. Councilman Ardito questioned what the fee is for this individual. Councilwoman Filippone stated that she was not on the committee so could not give that information.

g) Public Affairs Report-Council President Zalom reported that the Battle of the Bands went wonderfully. All the bands were great and it was hard to pick just one. She along with the Chief of Police and Mike Visco were judges. The Garden Tour was beautiful. There were many gardens that were toured. They were all very nice. She reported that she attended the awards assembly at the school and gave out the history books to the graduates. It was a fun night. She reported that the Recreation and Alliance has scheduled and number of activities for the kids to do this summer. She wished all a wonderful summer.

h) Zoning Report for May-Councilwoman Filippone-read report

i) Water and Sewer Infiltration Report First Quarter 2008-Councilman Ardito-read report

j) Tax Account Status Month End for May-Tax Collector

A Motion was made by Councilwoman Wenzel to receive the Tax Account Month End May Status Report. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone all voted Yes. Councilman Lamb was not present at this time. The Motion passed.

RESOLUTIONS – ON CONSENT:

2008-161 refunding planning board escrow monies to Joseph Smith of 9 Newark Avenue

2008-162 refunding planning board escrow monies to 605 Grand Central Ave , LLC of 605 Grand Central Avenue

2008-163 refunding planning board escrow monies to 23 Trenton Avenue

2008-164 refunding a check to Michael Voto for a duplicate payment of beach badges.

2008-165 establishing fees and rates for the towing and storage of motor vehicles- Mr. Parlow stated that the towing Ordinance requires that the fees be established by resolution.

2008-166 authorizing a raffle license to the Union Church for an On Premise 50/50 Raffle to be held on September 27, 2008

2008-167 authorizing the appointment of James Moran to the Beach Badge Office staff for the 2008 summer season at an hourly rate of $8.00

2008-168 supporting of the Joint New Jersey Senate and Assembly Republican Budget Alternative

2008-169 approving the renewal of the Plenary Liquor License No. 1515-44-001-005 for License Year 2008-2009 held by J. Ralph, Inc., doing business as Cornerstone Wines and Liquors

2008-170 approving the renewal of Club Liquor License No. 1515-31-006-001 for License Year 2008-2009 held by Lavallette Yacht Club, Inc.

2008-171 approving the renewal of Plenary Liquor License No. 1515-33-002-005 for License Year 2008-2009 held “In Pocket” by Lenny’s Pizzeria Restaurant, Inc.-Mr. Parlow stated that this renewal is contingent on the receipt of the tax clearance certificate.

2008-172 approving the renewal of Plenary Liquor License No. 1515-33-003-005 for License Year 2008-2009 held by Saulwil, Inc., doing business as the Crab’s Claw Inn

2008-173 approving the renewal of Plenary Liquor License No. 1515-44-005-006 for License Year 2008-2009 held by White Whale, L.L.C., doing business as Lavallette Liquors

2008-174 consenting to the renewal of the Plenary Liquor License No. 1515-33-004-013 for License Year 2008-2009 held by Sherman Hospitality, L.L.C., doing business as Gabriella’s Italian Restaurant and Pete’s Poolside Bar- Mr. George stated that this resolution only consents to the ABC handling the renewal of this license.

2008-175 authorizing the employment of beach badge checkers for the 2008 summer season starting June 21, 2008

2008-176 authorizing the electric collector to remove one electric account Block 2 Lot 7 due to a demolition of a dwelling unit.

2008-177 authorizing the amendment to contract between the Borough of Lavallette as a member of the Public Power Association of New Jersey and DTE Energy Trading, Incorporated- Mr. Parlow stated that this was an amendment to the current contract. The amendment removes the language that requires a letter of credit to be posted as well as the requirement for a Business Registration Certificate.

2008-178 authorizing the Mayor to execute an electric power supply contract with American Power Net- Mr. Parlow asked that this resolution be pulled until he receives further information for the agreement to finalize. Councilwoman Wenzel questioned where this company was based out of. Mr. Parlow said that they were based in Pennsylvania . The company is also willing to come to our next meeting and speak about the contract. Council agreed to remove Resolution 2008-178 from the agenda.

2008-179 authorizing the employment of two summer seasonal workers for the Department of Public Works at an hourly rate of $7.50

2008-180 authorizing the employment of lifeguards for the 2008 summer season

2008-181 authorizing the removal of an electric account on Block 37.02 Lot 26 due to a

demolition of a dwelling unit

2008-184A authorizing the employment of the tennis court attendants for the 2008 summer

season

Mayor LaCicero opened public comment of all resolutions and payment of vouchers.

Frank Taibi, 127 Philadelphia Avenue questioned what a pocket license was?

Mr. George explained that a pocket license was a license that was purchased but not being used at an establishment.

Clem Boyers, 20 Kerr Avenue questioned if the Borough of Lavallette now holds the active license for Gabriella’s Restaurant.

Mr. George explained that the Borough now has jurisdiction over the license and will enforce it. The Borough maintains control of the license for both establishments.

A Motion was made by Councilwoman Wenzel to approve the Consent Agenda with Resolution 2008-171 as amended and the removal of Resolution 2008-178. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone all voted Yes. Councilman Lamb was not present at this time. The Motion passed.

RESOLUTIONS-OFF CONSENT: There were no resolutions off consent

APPROVAL OF VOUCHERS:

2008-182 Bills List in the amount of $411,768.23

A Motion was made by Councilwoman Filippone to approve the bills list. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Ardito Wenzel, Zalom, and Filippone all voted Yes. Councilman Stogdill abstained from PO # 08-0588 and #08-0530 and voted Yes to all others. Councilman Lamb was not present at this time. The Motion passed.

Councilman Lamb arrived at the meeting.

UNFINISHED BUSINESS:

Budget Amendment – Resolution 2008-183

Mr. Parlow read the budget amendment resolution in full.

A Motion was made by Council President Zalom to approved Budget Amendment Resolution 2008-183. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion was Passed

Mayor LaCicero asked Administrator Parlow for an update on the budget and the amendment.

Mr. Parlow reported that the Borough will not be receiving $40,000 Municipal Aid from the State. He also reported that revenues from the Borough’s Construction Office can be used to offset appropriations for six months of the year. The plan is to reduce budget appropriations through the Reserve for Uncollected taxes. In additional the new Recycling Tax must be removed to an “Outside the Cap” appropriation. He reported that the construction department is still very busy with construction and building. The additional revenue will help offset certain costs.

Councilwoman Filippone asked if the 2009 budget will reflect the construction revenue.

Michele Burk stated that the revenues and expenses will be run through a trust fund so those revenues will not be reflected in the current fund budget document.

Mr. Parlow stated that a spreadsheet will be prepared for the construction department to show the fees and anticipated expenses.

At this time, Mayor LaCicero asked the public if anyone wanted to comment on the budget.

Frank Taibi, 127 Philadelphia Avenue thanked Mayor and Council for reconsidering the Cushman being that the Borough $40,000 of municipal aid. He commented that this is taxpayer money and since the Borough lost $40,000 the budget should be reduced by $40,000. He also commented that he believes the budget is being moved too quickly without public comment.

Council President Zalom stated that the budget process started at the beginning of the year and that there have been numerous public budget meetings for residents to attend. She commented that the Council is not trying to hide anything, it’s all here in black and white for you to see.

Mayor LaCicero stated that he always looks for sources of funding from outside of Lavallette to help us out. He believes that additional revenues from cell tower rentals and forming our own construction department will offset the reduction of the $40,000.He also commented that pension contributions as well as gas prices are making it extremely difficult.

Councilwoman Filippone stated that she was confident that the construction department revenue will make up the difference and as far as the purchase of the Cushman, the money was bonded in the 2007 budget.

Councilman Ardito stated that the committee he worked with in the past years always recommended the reduction in surplus.

Joe Marcianti, 3 New Jersey Avenue stated that he thinks he understands. We have one trust fund to pay out expenses and account for revenue. Now where is the money coming from to open the trust fund.

Michele Burk stated that the account is already open with revenues from June so there is no cash deficit.

Chris Parlow read Resolution No. 2008-184 in full for Adoption of the Budget.

A Motion was made by Councilwoman Filippone to approve Resolution 2008-184 which adopts the 2008 Municipal Budget. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. Councilman Ardito voted No. The Motion passed. The 2008 Municipal Budget was adopted.

Mayor LaCicero asked Administrator Parlow to go over the tax rate.

Mr. Parlow stated that our new municipal tax rate will be .257 which is an increase of 1.7 cents. This means if a home is assessed at $650,000 their municipal portion of taxes would be $1,670.60 which is a $110 increase from last year.

Councilwoman Wenzel stated that she was very pleased with this budget process. She reported that in year’s past she did not receive a hard copy of the final budget until the night of the meeting, which made it difficult to review. She commented that the Borough has saved nearly $20,000 on the hiring of the new auditor.

Mayor LaCicero read, in full, a letter from NJDEP telling the Borough that they are going to allow the Borough to open the three street end accessways that are current closed for the summer season. There is a meeting on June 17^th with members from the DEP to give us the restrictions and how they want them to be.

Mr. George stated that the meeting is going to take place at 11:00 a.m. at one of the street ends. He would like the person from public works that is going to be in charge of removing the sand to also be there so he knows exactly what they want.

Mayor LaCicero stated that the dredging under the WPI bridge is complete. He took his boat through and did not get stuck. He reported that the waterway is now navigable but it is not great. The excess sand is going to be spread across the Bayfront.

Council President Zalom stated that everyone was complaining to her about this and now everyone will be very happy.

Mayor LaCicero stated that the soundings that were done by Stockton College did not include the last three streets in Lavallette including the Lavallette Yacht Club. They stated that they will complete those three streets and give us some type of plan by the fall.

Councilwoman Wenzel stated that she is still waiting for some people to be on her Environmental Committee. She has about four people now and still needs as many as she can get.

Councilman Ardito stated that he will ask around and see if anyone wants to be part of that committee.

Councilwoman Wenzel also stated that the Cushman price of $20,000 that she quoted at the last meeting was incorrect. It did not include some of the optional equipment for the truck. The company stated that they are probably going to receive a state contract this fall. She recommended that the purchase be placed on hold.

NEW BUSINESS:

Municipal Alliance requesting permission to hold “Movies on the Bay” at the Gazebo every Tuesday during the summer season.

A Motion was made by Councilwoman Wenzel to approve the dates for the Movies on the Bay at the Gazebo. The Motion was seconded by Council President Zalom. All Council Members were in favor. The Motion passed.

Council President Zalom announced that the library is having a dedication in memory of Linda Vizzone. Thanks to all of the donations that were given in her memory they were able to purchase a baby grand piano. The dedication will take place on July 9^th at 7:30 pm at the Upper Shores Library. They are requesting the use of thirty chairs from the Borough to accommodate the amount of people that will be attending.

Draft Ordinances:

ORDINANCE OF THE BOROUGH OF LAVALLLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 56 OF THE BOROUGH CODE, ENTITLED “STREETS AND SIDEWALKS” SO AS TO ESTABLISH LIMITATIONS ON CONSTRUCTION RELATED STREET OR SIDEWALK OBSTRUCTION.

Councilwoman Filippone stated that the ordinance to hire off duty police should be modified to require those who install modular home should be required to hire off duty police. This policy is done in other towns.

ORDINANCE OF THE BOROUGH OF LAVALLLETTE, COUNTY OF OCEAN , STATE OF NEW JERSEY , AMENDING AND SUPPLEMENTING CHAPTER 24 OF THE BOROUGH CODE, ENTITLED “ELECTRICAL STANDARDS” SO AS TO PROVIDE FOR ADDITIONAL FEES FOR MUNICIPAL CONNECTION OF WATER SERVICE WHERE EXTRAORDINARY OR UNANTICIPATED CONDITIONS ARE ENCOUNTERED DURING CONNECTION

Mayor LaCicero stated that he thinks more language needs to be added pertaining to modular home hookups for utilities. That is always a bigger project for the town.

Councilwoman Wenzel stated that there should be some language pertaining to the notification issues, as well.

ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN , STATE OF NEW JERSEY , AMENDING AND SUPPLEMENTING CHAPTER 25 OF THE BOROUGH CODE, ENTITLED “FEES” SO AS TO ESTABLISH A FEE FOR THE USE OF MUNICIPAL PAVILIONS AND GAZEBOS AND FOR FEES FOR THE MAYOR TO OFFICIATE AT WEDDINGS.

Council President Zalom stated that she thought the fee of $250.00 was too high.

Mayor LaCicero stated that he spoke to Mrs. Grosko and she was happy with the fee amount and also wanted some other additional language in reference to the rules and regulations put in this ordinance also.

Council President Zalom stated that there was also a draft ordinance in reference to the permit decals for the spaces in front of people’s homes that have no driveways. The parking committee is recommending a one time fee of $250.00 for the sticker itself. There is going to be two spots per lot with some type of sticker and signage.

Mr. Parlow stated that he needs permission from Mayor and Council to allow him and Gerry Grayce, the new Construction Official to hire a Plumbing Inspector and an Electrical Inspector.

A Motion was made by Councilwoman Wenzel to give Mr. Parlow permission to hire two new Inspectors for the Construction Department. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

COMMENTS FROM THE PUBLIC:

Clem Boyers, 20 Kerr Avenue stated that there are about 12 undersized lots throughout the town that do not have driveway. He stated that the annual fee of $250.00 is a must.

Councilwoman Wenzel stated that this $250.00 should be yearly but also some type of fee for the signage.

Bob Marra, 102 President Avenue stated that the fee of $250.00 is astronomical. He understands that we should pay for the painting of the numbers and signs but the amount is ridiculous. The sticker also should be transferable. Some homeowners have tenants on a weekly basis and they would need to give the stickers to every tenant. If someone has a driveway then they should only get one sticker for one spot not two. The driveway should be their other spot.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilwoman Filippone wanted to congratulate Public Works for a wonderful job on the beach. She commented that it is perfect and pristine up there. She also wanted to let everyone know that the problem with our police computers in the car and Toms River Police has been resolved. Hopefully, we should be back on line by July 1^st. Despite this problem tickets are still of high volume. Also, Patrolman Mike Monica is being honored by the 200 Club for his rescue in the ocean.

Councilman Ardito stated that he thinks that the Borough should have some type of cooling center in one of our buildings for anyone who does not have air conditioning when it reaches 90 degrees and above. The elderly people especially cannot take that amount of heat. He also was on the beach and boardwalk and it is perfectly nice and neat. There are bicycles on the boardwalk all the time. People who are walking have to walk around them. He suggested that the Council should consider changing the ordinance. He also witnessed many dogs on the beach. The police should start enforcing that also. Another issue he had was that people on the highways walking, riding bicycles and rollerblading. He stated that they should be told that they have to cover up. He believes it just does not look proper with all these people half naked walking down a busy highway.

Councilwoman Wenzel stated that she was impressed with Public Works and all the work they have been doing. She is very proud of her department.

EXECUTIVE SESSION:

A Motion was made by Councilwoman Filippone to go into Executive Session. The Motion was seconded by Councilwoman Wenzel. All were in favor. The Motion passed. The meeting was adjourned to Executive Session at 9:35 p.m. for Personnel and Contract Matters with formal action to be taken afterwards.

A Motion was made by Council President Zalom to reconvene the regular meeting. The Motion was seconded by Councilwoman Filippone. All were in favor. The Regular Meeting reconvened at 10:31 pm.

Mayor LaCicero asked Mr. George to comment on the content of the Executive Session.

Mr. George stated that the Police Chief’s salary was discussed as well as some stipend discussions for Public Works. “Rice” notices were issued to those employees in a timely manner. Mr. George reported that Mr. Parlow was also “Rice” noticed as well.

Mr. George also reported that there was discussion in reference to the non-responsive bids received for consultant services relating to the water tower cellular antenna where action needs to be taken tonight.

A Motion was made by Councilwoman Wenzel to reject the bids for cell antenna tower consultant. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

A Motion was made by Councilwoman Filippone to go out for proposals again for the cell tower consultant. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

ADJOURNMENT:

A Motion was made by Councilwoman Filippone to adjourn the meeting. The Motion was seconded by Councilman Stogdill. Vote: All voted in favor of. The Motion passed. The Meeting was adjourned at 10:33 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 Mayor and Council held on the 16^th day of June 2008.

_____________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE (minutes)

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, June 2, 2008 – 7:01 pm

CALL TO ORDER: Mayor Walter G. LaCicero, presiding

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

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

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 11, 2008 . Notice was posted on the Municipal bulletin board.

MOMENT OF SILENCE: The Mayor asked for a moment of silence for the troops in Iraq and Afghanistan .

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

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

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

Jason Stender, Liquid Action spoke about the Wakeboard Competition that was approved at the meeting before that is scheduled to be held on August 2, 2008 . He stated that he had some other things to discuss that were not discussed at the previous meeting that he needed to receive approval. He stated that last year they were able to utilize the Fire Department bathrooms and would like to use them again. They would also appreciate it if the grass in the field area can be mowed before the event starts. They plan to stay away from the gazebo area entirely and just keep to the field area. There will be additional vendors and they are hoping for a greater turnout. They are planning to have some bands starting at 12 noon this year and are requesting permission to have a 20x16 stage on the field.

Mayor LaCicero requested that that request be held off until next meeting. This needs to be discussed further.

Councilwoman Filippone questioned whether we would have the capacity to provide them electric?

Craig McLean, Liquid Action stated that they were considering bringing in a generator for that reason.

Mayor LaCicero stated that this would need to be discussed further.

Councilwoman Wenzel questioned since it is a growing event is the parking going to be an issue. She suggested that they let people know to park on Baltimore Avenue since it is a wider street.

Mr. Stender stated that they have their own volunteers for Fire and First Aid supply but they would need Lavallette First Aid for transportation if any needs to go to the hospital.

Mayor LaCicero stated that he would give Mr. Stender the proper information to get that help.

Councilman Ardito questioned how long the event is going to be this year?

Mr. Stender stated that the event is going to be from 8:00 am to about 5:00 pm .

Craig Peterson, 6 New Brunswick Avenue stated that he has a big sand problem at the top of their street and needs something done about it.

Mr. George stated that the NJDEP has said they cannot remove any sand or do anything to the pavilions until the litigation is resolved.

Mr. Peterson questioned when this litigation is going to be resolved? He has tenants coming in for the summer and they are not going to be happy if they cannot get on the beach.

Mr. George stated that when they met with them in February they said it was probably going to be about eight months to resolve. Mr. George reported that the DEP stated that they may allow us minimal maintenance for the summer season but we still haven’t received any information on that yet. The Attorney General is supposed to return this week so maybe we will get something from them before next week.

Councilwoman Wenzel stated that she has received complaints from a lot of people on this same subject. Is there any way the residents themselves could maybe send complaints to the NJDEP directly questioning when this is going to be resolved.

Mr. George stated that he thinks that it wouldn’t hurt to try again. He suggested using the NJDEP website instead of the mail.

Councilman Ardito stated that residents on Ortley Avenue were also complaining and asked him if they could put their own wooden ramp to get on the beach.

Mr. George stated that he didn’t think that was a good idea.

Michele Donato, 2202 Ocean Front-questioned whether the Borough not allowed to clean within the pavilion or 15 foot around the pavilion.

Mr. George stated that the Borough is limited to fifteen inches around the pavilion

Councilman Lamb stated that we cannot legally do any removal of sand without violating the permit.

Mrs. Donato stated that the DEP will never give us that IP. She stated that the Borough has asked for too much. She thanked the Mayor for putting her on the Parking Committee. It has been a pleasure to serve on the committee. The committee is currently trying to give homeowners with undersized lots and no driveways some help by requesting from Council two permit parking spaces that only they can access. The committee also discussed the two hour parking on Rt 35 North. We currently derived a letter to be sent to all commercial residents that have two hour parking. I would ask that the Mayor and Council approve the letter to be sent out.

Councilwoman Wenzel stated that it was approved at the last meeting to send out.

Mrs. Donato also had a complaint about the contractors at the street ends with port-a-potties blocking the roadway as well as modular homes. She requests some type of enactment of rules for contractors for the safety of the homeowners. There is no control of the contractors in town. There should be police escorting the modular homes for safety reasons. She also questioned the opinion letter from Phil George in reference to Chapter 44 Ordinance. She stated that the letter is not consistent with CAFRA Rules.

Mayor LaCicero stated that they are going to add some fencing and other items to that Ordinance.

Lillian Buirkle, 122 Washington Avenue stated that she is a member of the First Aid an would like Mayor and Council to reintroduce the Resolution 2008-127 allowing the First Aid Squad to get the Social Affairs Permit to sell alcohol at the Heritage Festival.

Joe Farfalla, 15 Bond Avenue stated that the First Aid and the Fire Dept. do a lot for the town as volunteers. He stated that they should get the profits from the beer truck and how much profit does the beer truck make? We haven’t seen many problems through the years with the First Aid doing it so why change now.

Barbara Brown, 119 Pershing Blvd spoke about how she has always helped out on the beer truck for many years. She has always been a part of the First Aid and the Heritage Committee and she is sad to see this happening. We have always been the same volunteers and should always remember that Heritage Day has always been a Heritage Committee event.

Paul Genovese, 3 New Brunswick Ave spoke about how the First Aid use to have a club license to sell alcoholic beverages. He stated that he is not quite sure why this is all happening but the First Aid has always done the beer truck for as long as he can remember.

Councilwoman Filippone state that she does not think it is Council’s job to pick and choose who should get this license and feels it is a no win situation.

Council President Zalom stated that she thought the Mayor was trying to come to some type of agreement between the organizations. She does not quite know how the Fire Department got involved in this.

Joy Grosko, 13 Camden Avenue stated that this all started because of a dispute between the members of the First Aid and Heritage Committee. A lot of things have really changed with the First Aid and the members have changed also. The problem is that the same people are on both organizations and things got out of hand. Some First Aid members were told they were not needed anymore. This whole thing is happening because the First Aid and the Heritage Committee had disagreements. This is a Heritage Committee event not a First Aid event. They have just always run the beer truck because they have always had the club license.

James Borowski, 141 Newark Avenue stated that he is the Captain of the First Aid and the Treasurer of the Fire Department. He stated that there was a reorganization within the First Aid Department and we wanted the bi-laws changed to bring them up to date. Some of the older members of the first aid did not want that to happen. We just felt that the members who perform the duties should be running the organization instead of the honorary members who do not do the work anymore. In the meantime, those members who did not agree with what we were doing went down to the County and filed a lawsuit. He state that this is where it all started.

Jean Lane , 131 Elizabeth Avenue stated she has been a member of the First Aid Ladies Auxiliary for a number of years. She has lived in this town for over forty years and does not like the way this is heading.

Clem Boyers, 20 Kerr Avenue stated that this should be a no brainer. All three organizations are wonderful but only two of them save lives. They are the ones who should be getting the profits.

Joe Palinsky, 122 Washington Avenue stated that the club license that the First Aid use to have was for the rental of the building. When it was rented out, the license was used so First Aid could sell alcoholic beverages. It had nothing to do with the beer truck at Heritage Day.

Jerry Skinner, 112A Magee Avenue stated that the Fire House needs the extra money because a number of new volunteers have joined the Fire Department in the last couple of months. They need new uniforms, classes, etc.

Joy Grosko, 13 Camden Avenue stated that the Heritage Committee has given $25,000 to the First Aid towards a new rig and $25,000 to the Fire House for the handicap accessible bathrooms. Heritage has also given to the Police Department. She stated that she is tired of hearing that Heritage Committee does not do anything or does not give enough to the town. The whole problem started when the First Aid claimed that they were not a fundraising organization.

Jim Borowski, 141 Newark Avenue stated that the primary function of the First Aid should be saving lives not attending fundraising events. This all started when we received a call from the beer distributor telling us that the Heritage Committee called them and said they would be taking over the beer for this event.

Jean Lane , 131 Elizabeth Avenue stated that there were three tape machines going at that First Aid meeting and maybe the tapes need to be reviewed.

Lillian Buirkle, 122 Washington Avenue stated that she is the Secretary to the First Aid. She did the minutes of that meeting and they were approved. Anyone who wishes to see them could do so. She also stated that not all of the association members wanted the lawsuit just fourteen out of thirty went to the County.

Michael Phillips, 114 Vance Avenue stated that he is the Fire Chief and last year at the Wakeboard Competition there was a problem with water vessels flying through at a great rate of speed. The Coast Guard and the Marine Police need to be a part of this event to help with the traffic of the boats and jet skis.

Jason Stender, Liquid Action stated that the Marine Police were notified about this event and will have boats out there patrolling.

Frank Taibi, 127 Philadelphia Avenue questioned whether the boat ramp is for boats or just jet skis? What is the plan to fix the problems with the ramp and the dredging out there?

Mayor LaCicero stated that the State is going to be dredging again this year in that area. They are trying to do the best they can with a very mucky situation.

Councilwoman Wenzel stated that last year they were given two alternatives about the dredging problem. One was a jetty and the other was sand migrating. These two alternatives probably should be considered, eventually.

Mr. Taibi stated that maybe the town should put a hydrologist on the payroll because it is a problem that does not seem to be going away.

Betty Psichos, 23 Bullard Drive questioned why there are security cameras being put in down at the Borough Yard.

Councilwoman Wenzel stated that there are cameras being put in at the whole Public Works complex mostly because of break-ins and our wells need to be monitored at all times. We are using a security company for the monitoring at a cost of about $4,000 which is a very good price.

Councilman Lamb stated that he believes the First Aid and Fire Department should receive the license for the beer truck.

Councilwoman Wenzel stated that she still believes it should be an alcohol free event and stands by that.

Council President Zalom stated that she thinks no decision should be made right now and that all sides should come to some type of agreement.

Councilman Ardito stated that he thinks that a decision should be made tonight and this has been dragged out long enough.

Councilman Stogdill was confused about why the change now but understands it all now. All three organizations play a vital role in this town.

Councilwoman Filippone stated that all three organizations give back to this town in a big way. She also wanted to say that it is an insult to say that Council is waffling on this subject. The Mayor and Council budgets money for the Fire and First Aid every year. We as a Council try to do the best that we can and this is not an easy decision. She also believe that we should not have to make this decision at all.

Mayor LaCicero stated that there should be some type of mediation here. The Mayor and Council are not going to make this decision. There needs to be some type of mediation here. Until there is a compromise we are not going to decide anything tonight or any other night. There is going to have to be more meetings within the three organizations with some type of compromise.

A Motion was made by Councilman Ardito to rescind the Heritage Day Alcohol Free Event. The Motion was seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb all voted Yes. Councilwoman Filippone voted No. The Motion passed.

A Motion was made by Councilman Ardito to reintroduce Resolution 2008-127. The Motion was seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, and Lamb all voted Yes. Council Members Zalom, Stogdill and Filippone all voted No. There was tie and the Mayor voted No. The Motion failed.

A Motion was made by Council President Zalom to have the Mayor do some more sit down negotiations with all three parties. The Motion was seconded by Councilwoman Filippone. Vote: Council President Zalom and Councilwoman Filippone voted Yes. Council Members Ardito, Wenzel, Stogdill and Lamb all voted No. The Motion failed.

A Motion was made by Councilwoman Wenzel to un-table Resolution No. 2008-113. There was no second on her Motion. The Motion failed.

Joy Grosko, 13 Camden Avenue stated that she would like to acquiesce to both of these companies. She has had enough of this situation and just wants it over with.

A Motion was made by Councilman Lamb to approve Resolution No. 2008-127. The Motion was seconded by Councilman Stogdill. Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion was Passed.

At this time the Councilwoman Wenzel asked for a five minute break. All of Council were in Favor. The Council took a 5 minute adjournment at 9:15 pm .

APPROVAL OF CLERK’S MINUTES

Regular Meeting Minutes of May 19, 2008

Executive Session Minutes of May 19, 2008

Request for Proposal Opening Minutes of May 21, 2008

A Motion was made by Councilwoman Wenzel to approve all the Minutes of May19, 2008 and May 21, 2008 . The Motion was seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

REPORTS:

a) Police Overtime Report for May-Councilwoman Filippone

b) Public Works Report for May-Councilwoman Wenzel

c) Public Affairs Report-Council President Zalom

d) Municipal Court Report for May-Councilwoman Filippone

e) Animal Control Report for May-Councilwoman Filippone

f) Planning Board Report for May-Councilwoman Filippone

g) Beach Badge Sales Report for May-Councilman Lamb

h) Zoning Report for May-Councilwoman Filippone

i) Tax Account Status Report for May-Tax Collector

The Mayor requested that the Reports be held over until the next meeting. All Council Members were in favor. Mr. Parlow stated that he would put the reports on the next agenda.

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

RESOLUTIONS – ON CONSENT:

2008-157 appointment of Gerald E. Grayce to the part-time positions of Construction Official, Building Sub Code Official, and Fire Protection Sub Code Official for the Uniform Construction Code enforcing agency of the Borough of Lavallette-Mr. Parlow stated that Mr. Grayce is going to start on June 9, 2008 . We are still going to need two individuals for Plumbing and Electric but he is confident that the Borough will fill those positions shortly. Councilwoman Filippone stated that she has met with Mr. Grayce and she is very satisfied with him. All Construction permit fees will be held by the Borough. Councilwoman Wenzel stated that we have a pool of applications for the other positions and we shouldn’t have a problem at all.

2008-158 approving seasonal employees for the Public Works Department at hourly rates of $10.00 and $7.50 from June 2, 2008 thru October 31, 2008 .

2008-159 approving the contract with Vineland Fireworks Company, Inc. in the amount of

$6,800.00 for our fireworks display to be held on July 6, 2008-Council President

Zalom stated that this year the ante has been increased by $2,800 thanks to Sunoco

and Paul Kelly with their generous donations.

2008-159A opposing S-1137 which expands the Scope of Contract Negotiations

A Motion was made by Councilwoman Wenzel to Approve the Consent Agenda. 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:

2008-160 Bills List in the amount of $283,092.80

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

ORDINANCES ON FOR ADOPTION/SECOND READING

ORDINANCE NO. 2008-9(1037)ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 89 OF THE BOROUGH CODE, ENTITLED “VEHICLES AND TRAFFIC” SO AS TO REVISE SECTION 89-26

A Motion was made to Adopt Ordinance No. 2008-9(1034) by Councilwoman Wenzel. The Motion was seconded by Councilman Stogdill. The Mayor opened public comment. There was no public comment. The Mayor closed the public comment. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Appeal of Civil Administrative Penalty Assessment/Letter to Deputy Attorney General with a copy of our Individual Permit Application/Received May 2, 2008

b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Heritage Day ABC Special Permit Single Day Special Event Beer Sales/Received May 15, 2008

c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Received May 15, 2008

d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Raymond Toscano v. Borough of Lavallette/Received May 15, 2008

e) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Lavallette Borough Ordinance Chapter 44-1/Received May 21, 2008

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Tennis Court Restoration/Pay Estimate No. 1/Pay Record April 21, 2008 thru May 7, 2008/Received May 12, 2008-Mr. Parlow stated that the Tennis Courts are almost complete. He stated that there is a problem with residents allowing their dogs to go on the court as a dog walk and skateboarders utilizing it as their park. Councilwoman Wenzel stated that she will have Public Works place some signs at the tennis courts. Councilman Lamb stated that they are doing a great job on the courts and that they look great.

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue , Coleman Lane & Ortley

Avenue Road Improvements/revised punch list to Earle Asphalt Company/Received May 27,

2008

c) O’Donnell, Stanton & Assoc./Michael O’Donnell/Maintenance Dredging at West Point Island

Bridge/Boat Ramp/letter to O.C. Road Department requesting the maintenance dredging under

the Bridge/Received May 27, 2008-Mayor LaCicero stated that the dredging is not final but

almost complete

d) O’Donnell, Stanton & Assoc./Michael O’Donnell/Notification/Certification of Work

Commencement Form for the US Army Corps of Engineers/Maintenance Dredging at West

Point Island Bridge/Received May 22, 2008

e) O’Donnell, Stanton & Assoc./Michael O’Donnell/Maintenance Dredging at West Point Island

Bridge/Received May 28, 2008

New Jersey League of Municipalities:

a) Paid Family Leave/May 5, 2008

b) Follow Up on Childcare Survey/Received May 5, 2008

c) A-500, Affordable Housing/Received May 6, 2008

d) Local Unit Alignment, Reorganization and Consolidation Commission/LUARCC News/Received May 6, 2008

e) Water Utility Rates Legislative Hearings Soon/Received May 6, 2008

f) COAH Regulations, Affordable Housing/Received May 7, 2008

g) FEDERAL UPDATE from WASHINGTON , D.C.-Priority Housing Bills Head to the House Floor-Vote YES!/Received May 7, 2008

h) New Office of the State Comptroller/Statutory Reporting Requirements/Received May 7, 2008

i) S-986/A-2178, as amended/Private Collection of Property Taxes/Received May 12, 2008

j) S-1137, Expands Scope of Negotiation/Received May 13, 2008

k) League Leaders Asks Legislators to Refocus State Budget on Property Tax Relief/Received

May 13, 2008

l) State Revenue Estimates Revised (Municipal Aid Still At Risk)/Received May 15, 2008

m) S-1783, Commercial Development Fee/Received May 15, 2008

n) S-1137, Expands Scope of Negotiation/Received May 15, 2008

o) May 20^th State Budget Summit/Received May 20, 2008

p) S-1137, Expands Scope of Negotiations/Received May 21, 2008

q) A-500, Affordable Housing/Received May 23, 2008

General With No Action:

a) PMK Group/Potential Hazard Associated with Lead in Synthetic Turf Fields/Received May 5, 2008

b) Hogan & Hartson/John R. Lilystrom/Partial Compliance with April 4, 2008 Letter Order/Received May 5, 2008

c) Kathleen Mango, Municipal Alliance Coordinator/letter expressing the importance of the town bus/Received May 6, 2008

d) Atlantic City Surf/Professional Baseball Club/Karin A. Deveney, Director/Received May 6, 2008

e) U.S. Dept. of Homeland Security/ United States Coast Guard/Public Notice 5-1112/Received May 6, 2008

f) Cablevision/Adam E. Falk , Vice President/Digital Transition Project/Received May 6, 2008

g) Lavallette Heritage Committee/Joy Grosko, Director/Current Upgrading at the Gazebo/Received May 7, 2008

h) Borough of Lavallette/Christopher F. Parlow, Administrator/Municipal Clerk/Filing of Submission Requirements under N.J.S.A. 52:15C-7 for Audit Purposes/Received May 7, 2008

i) Ocean County Administrator/Alan W. Avery, Jr., County Administrator/reminding us to adopt a

fee schedule by ordinance for our new construction fees/Received May 8, 2008

j) Ocean County Department of Transportation Services/Kathleen C. Edmond, Director/advising

of public hearing on the County applying for funding from NJ Transit Corporation to be held on

June 19, 2008

k) Lavallette Volunteer First Aid Squad/Financial Statements for the Year 2007/Received May

13, 2008

l) Kathleen Bolger/121 Washington Avenue/letter thanking us for the prompt response in

reference to the tennis court landscaping/Received May 13, 2008

m) Lavallette Elementary School/Peter S. Morris, Superintendent/Schedule for

Graduation/Received May 14, 2008-Council President Zalom stated that she spoke to the Superintendent about changing the date of graduation next year so that it does not fall on a Council meeting date. He assured her that he will take care of that.

n) Township of Brick , Stephen C. Acropolis, Mayor/Shared Service Agreement/Division of

Construction and Inspections/Received May 15, 2008

o) County of Ocean/Arthur P. Burns, Superintendent/April 2008 Recycling and Compost

Reports/Received May 15, 2008

p) Charlotte Ross/1900 Bay Blvd./letter thanking the Public Works Department along with the Police and Borough Hall employees/Received May 15, 2008

q) Ocean County Board of Health/Ella Boyd, Coordinator/advising of a mandatory meeting for

the 2008-2011 Alliance Request for Funding Application on May 14, 2008 or May 21,

2008/Received May 16, 2008

r) State of New Jersey/Department of Corrections/Joseph W. Hartmann, Coordinator/Inspection

Report of the Jail Cell in the Police Department/Received May 16, 2008-Councilwoman

Filippone stated that all went well with this inspection

s) Ocean County Utilities Authority/Manolito e. Santos , Assistant Treasurer/2007 Auditor’s

Report/Received May 16, 2008

t) Hardin, Kundla, McKeon & Poletto/Mark S. Kundla, Esq./Gallo v. Lavallette Water & Sewer

Utility/Water and Sewer Bill Dispute/Block 10, Lot 27, 24 Magee Avenue /Received May 19,

2008

u) Gertner & Riordan, LLC/Sean D. Gertner, Esq./Name Change of Firm/Received May 19, 2008

v) Board of Chosen Freeholders/Joseph H. Vicari, Director/Barnegat Bay National Estuary

Program Reaffirmation Ceremony on May 22, 2008/Received May 19, 2008-Mayor LaCicero

stated that he attended this Ceremony.

w) Stone Mandia, LLC/Frank J. Mandia, Jr./letter to Alcoholic Beverage Control referencing the

renewal of an inactive liquor license for the License Term 2008-2009/Received May 21, 2008

x) Multiple Sclerosis Society/Jessica Moll, Coordinator/letter thanking the Borough of Lavallette

for supporting the 17^th Annual Bike MS “Coast to Coast” Ride/Received May 22, 2008

y) Commerce Insurance Services/Legislative Update/Paid Leave Law Passes in New Jersey , Time

to Review Leave Policies/Received May 22, 2008

z) New Jersey Natural Gas/Steve Rybka, Manager/Conserve to Preserve Initiative/Received May

22, 2008

aa) State of New Jersey/Department of Environmental Protection/Christopher Dolphin, Section

Chief/Coastal General Permit for Beach and Dune Maintenance/Received May 22, 2008-Mr.

Parlow stated that he received this letter and Lavallette is not affected by this Order.

bb) Department of the Army/Philadelphia Corps of Engineers/approving the Department of Army

permit dated August 16, 2006 to the Borough of Lavallette to allow the dredging under the

West Point Island Bridge/Received May 27, 2008

cc) PJM Interconnection, LLC/Pauline Foley, Senior Counsel/letter to Federal Energy Regulatory

Commission/PSEG Energy Resources & Trade, LLC/Received May 27, 2008

dd) Ocean County Utilities Authority/Richard M. Warren, Executive Director/Notice of Public

Hearing on Proposed 2209 Rates/Received May 28, 2008

ee) Ocean County Department of Solid Waste Management/James F. Lacey, Freeholder/Ocean

County Recycling Revenue Sharing Program/Received May 28, 2008

ff) Ocean County Planning Board/Mark C. Villinger, Senior Planner/Ocean County Natural

Lands Trust Fund Status Report of May 2008/Received May 30, 2008

General With Action:

a) Catholic Charities/Jean Metz, Service Director/requesting a donation in the amount of

$60.00/Received May 13, 2008-Mr. Parlow stated that this is done by Purchase Order every

year.

b) American Littoral Society/Helen Henderson, Project Manager/requesting the Mayor sit for one

half hour in their dunk tank at their Barnegat Bay Festival on June 1, 2008/Received May 21,

2008-Mayor LaCicero stated that he received this to late and could not attend.

c) Ocean County Sheriff’s Department/Office of Emergency Management/William L. Polhemus,

Coordinator/requesting a representative attend a press conference on Monday June 2, 2008 to

bring attention to the beginning of hurricane season/Received May 5, 2008 –Councilman Lamb

stated that he attended this meeting with Chief Grant and it was just to update us on this year’s

hurricane season.

d) Ocean County Planning Board/John R. Brown, Assistant Planner/Assistance with Lavallette

Borough’s Municipal Stormwater Management Plan and Stormwater Control

Ordinance/requesting the Mayor or Representative to a private consultation with a stormwater

management consultant/Received May 28, 2008-Mayor LaCicero asked Mr. Parlow to take

care of this on his behalf.

e) Christopher & Margaret Porta/12 Old Pleasant Hill Road, New Windsor, NY 12553/requesting

permission to be married at the pavilion on Elizabeth Avenue on June 7, 2008 at 7:00 pm and

requesting the Mayor to perform the ceremony/Received May 30, 2008.-Mayor LaCicero

stated that he will not be here on that day and if Council President Zalom could perform on his

behalf. Council President Zalom stated that she would be glad to.

UNFINISHED BUSINESS:

Councilwoman Wenzel spoke about starting the Environmental Committee with just the couple names they have just to get it started.

Mayor LaCicero stated that when he received more names he would forward them to her.

Councilwoman Wenzel also stated that she received a quote for the Cushman of $20,010.00. People have forwarded her pictures of the overflow of garbage receptacles on Memorial Day Weekend so she thinks we really need this.

Mayor LaCicero stated that it should be put on for the next meeting agenda.

Councilman Stogdill stated that the Beach Badge has a new credit card machine and it will be ready for credit cards starting this Friday.

Councilwoman Filippone stated that she spoke to Chief Grant in reference to the two loaned vehicles from Lester Glenn. He advised her that these vehicles are not police equipped. They are strictly for use of the Class I and Class II patrols instead of always having to use the bicycles.

NEW BUSINESS:

Councilwoman Wenzel stated that Save Barnegat Bay is asking for permission to use the gazebo on July 2, 2008 to hold a press conference at 11am and for getting the help like every other year from the Public Works and Police Department for their June 28, 2008 8K Run.

All Council Members were in favor of allowing the use of the gazebo and for the help of the Borough Departments on June 28^th’s 8K Run. The Motion passed.

She also stated that residents have complained to her from New Jersey Avenue and the Ocean in reference to an access street behind their homes on the Ocean that people have been blocking and parking in. They say that it is an access road strictly for emergency use only.

Mayor LaCicero stated that this has been a problem before and it is a civil matter not the Borough’s matter. The Chief is also aware of the problem.

Councilman Lamb stated that the Eight Grade Graduation Class is requesting permission to hold a Bay Beach Party after graduation on June 16^th at the Washington Avenue Bay Beach . They would also like to have a DJ so would require some lighting and electricity from the Borough.

All Council Members were in favor of the graduation class holding its bay beach party on Washington Avenue with a DJ. The Motion passed.

Councilman Lamb also stated that the Fire Department is going to sound its airhorn for all emergencies during the day.

All of Council were in favor of the sounding of the airhorn. The Motion passed

Councilman Ardito stated that Oyster Creek Nuclear Power Plant has been extended their license for another twenty years.

Council President Zalom stated that the Union Church would like to hold their Sunrise Services on the Beach at Philadelphia Avenue and have use of the electricity outlets starting June 14^th on Saturday evenings through the summer season.

All Council Members were in favor of the Union Church holding their services on the beach through the summer season. The Motion was Passed.

COMMENTS FROM THE PUBLIC:

Clem Boyers, 20 Kerr Avenue requested an update the CAD system that Lavallette Police was supposed to hook up to for the summer from Toms River Twp.

Councilwoman Filippone stated that Chief Grant is looking at other alternatives.

Frank Taibi, 127 Philadelphia Avenue questioned why we wouldn’t just use a regular small pickup truck that Public Works already has instead of purchasing a $20,000 piece of equipment to pick up garbage on the boardwalk?

Councilwoman Wenzel stated that the boardwalk gets damaged by the vibrations and weight of the vehicles. The Cushman is very lightweight and will let us keep our boardwalk a little longer before we have to replace it again.

Mr. Taibi also asked for an update on the Bay Beach Way Annexation?

Mayor LaCicero stated that they had briefs on May 19, 2008 and heard arguments. They are considering the briefs at this point but it was already told to me that no matter what decision was made their would be appeals from both sides.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilman Stogdill thanked the First Aid Squad for their prompt service when he wife took ill. He appreciates their volunteerism.

Councilwoman Filippone stated that the zoning officer is trying to resolve the problem with the site triangle on Rt. 35 South and White Avenue with the overgrowth of vegetation. The Code Enforcement Officer has received a number of complaints.

Councilwoman Filippone also stated that she received a complaint from Mrs. Grosko about the weddings at the gazebo. The couple’s who get married there do not follow the rules that they receive. She brought up an example of a wedding there a few weeks ago where a tent was put up with spikes and then they left it there along with decorations that they had stapled to the gazebo. She thinks we should not allow weddings there at all anymore.

Mayor LaCicero stated that he has been discussing this with Mrs. Grosko and is recommending a flat fee for the gazebo. I think $500 might be too much but $250.00 is just right.

A Motion was made by Councilwoman Wenzel to approve the fee of $250.00 for weddings at the gazebo. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

Councilwoman Wenzel stated that she always thought a nice artistic certificate for the couple as a nice memento be given to them from the town would be a nice gesture.

A Motion was made by Councilwoman Wenzel to have an artist create some type of special certificate for the couples who get married at the gazebo. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

Council President Zalom stated that there is a town wide garage sale being held on June 6^th & 7^th so let’s not forget. There is a Garden Tour to be held on June 14^th along with Adopt a Highway and the Battle of the Bands. The Opening of the Time Capsule on May 31^st was a hit. Everything went wonderfully and the rain held off till the end. Thanks to Jim and Eleanor Saks for all their help with shuffleboard. Coast Cities inspected the bus and they said it was not going to work for us. There is too much wrong with it.

Councilwoman Wenzel thanked Council President Zalom for a wonderful Memorial Day Event. She reported that there is going to be a bulk pickup on June 9^th. As for the drainage problems on Rt. 35 South we should see if Andrew Ciesla’s office could help with the situation.

EXECUTIVE SESSION: Personnel Matters / Contractual Matters

Mayor LaCicero stated that the Executive Session is going to be put off until the meeting of June 16, 2008 . Mr. Parlow will “Rice” notice all affected employees.

Councilwoman Wenzel requested Mr. Parlow be “Rice” noticed so we can discuss him also.

ADJOURNMENT:

A Motion was made by Council President Zalom to adjourn the meeting. The Motion was seconded by Councilwoman Filippone. Vote: All Council Members were in favor. The Meeting was adjourned at 10:12 pm .

CERTIFICATION

_____________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE (Minutes)

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, May 19, 2008 – 7:00 pm

CALL TO ORDER: Council President Anita Zalom, presiding

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

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

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 11, 2008 . Notice was also posted on the Municipal bulletin board.

MOMENT OF SILENCE: Council President Zalom asked for a moment of silence for all those men and women who are overseas at war.

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

MAYOR’S WELCOMING STATEMENT: At this time, Council President Zalom asked if anyone in the audience wished to speak about anything that was not listed on the agenda could do so now.

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

Craig McLean of Liquid Action requested the approval to hold a second annual Wakeboard Competition on the Bayfront to be held on August 2, 2008 . They had one last year and it was very successful so they would like to keep doing it every year.

Councilman Lamb requested that maybe they move a little further away from the gazebo.

Councilwoman Wenzel stated that the back area of the gazebo is very unstable and last year people were climbing down that way to get to the water. She suggested that maybe some temporary snow fencing could be put up to prevent that from happening.

Councilwoman Filippone suggested that if they need to use the electricity at the gazebo they should get a longer extension chord so they can move further away from the gazebo.

Councilman Ardito questioned what they were going to do about medical personnel if someone got hurt.

Mr. McLean stated that some of the guys participating are EMT’s and last year volunteers from Wall Township First Aid volunteered to help out.

Councilman Ardito stated that if they are going to need the Lavallette First Aid they need to let them know so they can make some volunteers available for that day.

A Motion was made by Councilwoman Wenzel to approve the Wakeboard Competition to be held on August 2, 2008 . The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

APPROVAL OF CLERK’S MINUTES:

Regular Meeting of April 28 , 2008

Executive Session Meeting of April 28, 2008

Caucus/Regular Meeting of May 5, 2006

Request for Proposal/Planner Minutes of May 6, 2008

A Motion was made by Councilwoman Wenzel to approve the minutes as listed. The Motion was seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

REPORTS:

a) Parking Committee Update-Mr. Parlow gave a brief update on the Parking Committee. The committee has recommended the issuance of parking permit to homeowners with undersized lots who have no driveways. Councilwoman Filippone questioned how the permit would identify which space they are supposed to be in. Mr. Parlow stated that the permit and the spot would have the same letter or number visible for the police and residents to see. Councilman Ardito questioned how many lots this was going to effect and how many spaces were going to be designated and what about a sign? Council President Zalom stated that one of the properties is on a corner with a fire hydrant and 50 foot of yellow curbing that needs a spot. Mr. Parlow stated that the committee did not feel that a space could be provided that would be in front of someone else’s property. Councilwoman Wenzel stated that she thinks this is wonderful progress. She believes that the resident parking issues should be the first to be taken care of instead of the commercial parking. She would like to see some type of draft ordinance getting started. Councilman Ardito questioned whether the property on Washington Avenue that has a yellow curb and is one house from corner. He feels that they should have some kind of permit space in front of their house. Councilwoman Wenzel stated that she has a problem with that property because of the traffic light and the school being right there. She doesn’t think a car should park be parked there it would create a problem.

Mr. Parlow stated that the other issue that they made some progress on was the two hour parking on Grand Central Avenue . The committee would like to issue a letter to all property owners of business establishments asking them if they would prefer the two hour parking in front of the establishment. Councilman Ardito stated that this might cause a conflict between property owner and business tenant. He also stated that he appreciates the work the committee has done and supports the recommendations. Councilwoman Wenzel stated that Public Works use to put the signs up on the highway for the parking but wonders if the state will be doing it now. Mr. Parlow stated that it still needs some clarifying on that issue.

b) Revenue Transaction Report for April-CFO

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, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

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

RESOLUTIONS – ON CONSENT:

2008-147 authorizing an amendment to the Verizon Wireless Contract-Mr. Parlow stated that there was another amendment in reference to the five year renewal term that needed to be added to the contract.

2008-149 accepting the retirement of Albert Scheller and authorizing payment of unused sick and vacation time

2008-150 authorizing the removal of two electric accounts on borough property due

to them not being operational anymore.

2008-151 authorizing the use of two Hyundai Sante Fe Vehicles loaned to the Police Department from Lester Glenn Buick for the summer season.-Councilman Ardito questioned if we have these for the summer why would we need to buy two vehicles for the Police Dept. Councilwoman Filippone stated that she doesn’t know what they are going to be used for or why they need them but she trusts the Chief’s judgment.

2008-152 amending Resolution 2008-84 changing the contract price of a 2008 Ford Crown

Victoria from $28,367.00 to $30,785.59

2008-153 authorizing submission of the application of the Lavallette Municipal Alliance

Grant for the year 2009 in the amount of $21,000-Council President Zalom stated

that this is a grant we get every year from the County. This year it has increased

from $19,200 to $21,000 because of the myriad of events that Municipal Alliance

does. Thanks to Kathy Mango for all she does. The Municipal Alliance is also

donating $200.00 to Project Graduation.

2008-154 calling upon the United States Congress to take all necessary steps to ensure that the FERC protects electricity consumers and the economy by assuring that wholesale power prices in all RTO-run regions are “just and reasonable” as required under law.

2008-155 accepting the two vehicles from the County of Ocean for the Public Works

Department with no cost to the Borough-Councilwoman Wenzel stated that Public

Works was in desperate need of two pickup trucks. Ted Golubowski, our

Supervisor of Public Works arrived at the County Auction very early and picked

up these two trucks for free. They are in good shape and we will be making very

good use of them.

A Motion was made by Councilwoman Wenzel to approve the Consent Agenda. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

RESOLUTIONS-OFF CONSENT: There were no Resolution Off-consent.

APPROVAL OF VOUCHERS:

2008-156 Bills List in the amount of $433,344.85

A Motion was made by Councilwoman Filippone to approve the Bills List. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Wenzel, Filippone and Lamb all voted Yes. Councilman Stogdill Abstained on Purchase Order #08-0089 and voted Yes to all others. The Motion passed.

ORDINANCES ON FOR INTRODUCTION AND FIRST READING :

ORDINANCE NO. 2008-9(1037) ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 89 OF THE BOROUGH CODE, ENTITLED “VEHICLES AND TRAFFIC” SO AS TO REVISE SECTION 89-26.

Mr. Parlow stated that a handicap parking space has been requested by a resident on Pennsylvania Avenue who has a handicap child. The Chief of Police provided the measurements and the ordinance was draft.

A Motion was made by Councilwoman Wenzel to introduce Ordinance No. 2008-9(1036). The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

Public Hearing and Final Adoption Scheduled for June 2, 2008 .

ORDINANCES ON FOR SECOND AND FINAL READING :

ORDINANCE NO. 2008-5(1033) ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 20 OF THE BOROUGH CODE, ENTITLED “CONSTRUCTION CODES, UNIFORM”

A Motion was made by Councilwoman Wenzel to Adopt Ordinance No. 2008-5(1033). The Motion was seconded by Councilman Stogdill. Council President Zalom opened the public hearing. There was no public comment. Council President Zalom closed the public comment. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

ORDINANCE NO. 2008-6(1034) ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 45 OF THE BOROUGH CODE, ENTITLED “OFFICERS AND EMPLOYEES” SO AS TO AMEND AND SUPPLEMENT SECTION 45-15 SO AS TO ADD THE POSITIONS OF CONSTRUCTION OFFICIAL, ELECTRICAL SUBCODE OFFICIAL, FIRE PROTECTION SUBCODE OFFICIAL AND TECHNICAL ASSISTANT TO THE CONSTRUCTION OFFICIAL

A Motion was made by Councilwoman Wenzel to Adopt Ordinance No. 2008-6(1034). The Motion was seconded by Councilwoman Filippone. Council President Zalom opened the public hearing. There was no public comment. Council President Zalom closed the public comment. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

ORDINANCE NO. 2008-7(1035) ORDINANCE ESTABLISHING SALARIES AND WAGES OF OFFICERS AND EMPLOYEES OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN , STATE OF NEW JERSEY

A Motion was made by Councilwoman Filippone to Adopt Ordinance No. 2008-7(1035). The Motion was seconded by Councilwoman Wenzel. Council President Zalom opened the public hearing. There was no public comment. Council President Zalom closed the public comment. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

ORDINANCE NO. 2008-8(1036) ORDINANCE PROVIDING FOR THE ADOPTION OF A PERSONNEL POLICIES AND PROCEDURES MANUAL FOR THE OFFICERS AND EMPLOYEES OF THE BOROUGH OF LAVALLETTE

A Motion was made by Councilwoman Filippone to Adopt Ordinance No. 2008-8(1036). The Motion was seconded by Councilwoman Wenzel. Council President Zalom opened the public hearing. There was no public comment. Council President Zalom closed the public comment. Vote: Council Members Ardito, Wenzel, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

UNFINISHED BUSINESS:

Councilwoman Filippone stated that she has spoke to the Chief of Police and we will go ahead with the Class I Police Officers acting as crossing guards on a rotating basis at two locations on the highways. This will be weekends only with Friday and Monday holidays, also. She also stated that the CAD system is in the process of being provided to us again. It will probably not be up and running by Memorial Day weekend but it should be ready by the summer. Toms River Twp. has a new vendor for that system and there is a lot of paperwork that needs to be in place.

Councilwoman Wenzel stated that she was a little bothered to hear that our Police were out there without the safety they should be having. We are going into the holiday season and this situation needs to be expedited for the safety of our officers.

Councilwoman Filippone stated that this is not Lavallette’s fault. The licensing for the product needed to be funded. There were two issues that got complicated. The old vendor didn’t require much at all for us to piggy back on Toms River ’s System; however, the new vendor requires a lot of security and paperwork. Lavallette has completed what it needed to provide to Toms River .

Mr. Parlow stated that Toms River knew for some time that this was going to happen but we found out the two days before the plug was going to be pulled. It seems that the new vendor is not as cooperative as the old vendor was. There was no cost to the Borough before and now we received a $9,000 invoice to be signed for the new vendor’s services. The invoice was signed and sent back to Toms River and now we are just waiting on Toms River .

Councilwoman Filippone stated that she thinks everything is flowing but will put a call into Chief Mastronardy to see what the hold up is.

Councilwoman Wenzel stated that a couple of meetings ago, Heritage Committee requested a social affairs permit for alcohol to be served at Heritage Day which she tabled. The following meeting the First Aid requested the same permit for the same event which the Mayor pulled from the Consent Agenda. The issue is obviously becoming quite tense. She stated that she was under the impression that this issue is never going to be solved. Therefore, she would like to make a Motion that Heritage Day be an alcohol free event for the year 2008.

Council President Zalom stated that she thought both parties came to an agreement recently.

Mr. Parlow stated that he did hear something but did not want to report on unofficial business.

Councilman Ardito stated that that agreement was not going to happen.

Councilwoman Filippone stated that Heritage Day has served as a fundraiser for this town for many, many years. She suggested that the Council should not move to quickly on this issue especially without the Mayor being present.

Councilman Lamb stated that he knows the Mayor met with both parties and didn’t come to an agreement. He stated that he agrees with Council Wenzel regarding an alcohol free event.

Councilwoman Wenzel stated that she has a different opinion on Heritage Day being a fundraiser for the town. The Borough always loses money with Heritage Day. The First Aid is a vital part of our community as where Heritage does not provide that vital service to us. Traditionally, the First Aid ran the beer truck for whatever reason. It has always been handled that way. She called around to other towns that run similar festivals. Point Pleasant Beach ’s Seafood Festival has not sold alcohol at their event in ten years as well as the Sail Fest in Island Heights ; She questioned the need for there to be alcohol served at the event. She suggested that it should be a family oriented event and we should gravitate to that with no alcohol being served.

A Motion was made by Councilwoman Wenzel to make Heritage Day an Alcohol Free Event for the Year 2008. The Motion was seconded by Councilman Lamb. Vote: Council Members Wenzel, Stogdill, Filippone and Lamb all voted Yes. Councilman Ardito abstained due to a conflict with him being a member of the First Aid Squad. The Motion passed.

Councilman Ardito stated that he had to deal with the flooding by B & B last week. He spoke about a procedure called Directional Drilling which is underground and hooked up by computer with one to three sump pumps attached. He stated that this is something that needs to be addressed so he has asked the engineer to look into.

Councilman Lamb questioned how much it is going to cost for the engineer to look into.

Councilwoman Filippone stated that Councilman Ardito should have got authorization before putting that request to Mike O’Donnell.

Council President Zalom stated that the voucher was sent to Coast Cities and the bus should be ready to go shortly.

NEW BUSINESS:

Councilwoman Wenzel stated that Councilwoman Filippone made an informal request for the West Point Island Civic Association requesting garbage and recycling receptacles at some of their beaches and some clean fill for a dilapidated dock that needs repair.

All of Council was in favor of the request.

COMMENTS FROM THE PUBLIC:

Clem Boyers, 20 Kerr Avenue-He took pictures of all of the undersized corner lots on the 35 South highway and most of them have Rt. 35 South side driveway cuts in the side rear of the properties. He stated that most of them have just put fences up and have trees blocking the driveways. The parking permits and spaces will have red stickers for the permits and red boxes for the spaces and will be very distinct. The Chief stated that they will deal with it when the homeowner makes the phone call. In other words, the permit spaces will be policed by the homeowners themselves. Also, there should be no meters on Route 35 North but parking boxes.

Bob Marra, 102 President Avenue-He was very pleased with the parking problem progress. He agreed with the way it is written. The residents will enforce it because it will affect them. Also, his preference is the number should be on the street and the fee for the permit should be a minimal fee.

Colin Jennings , Liquid Action- He thanked the Mayor and Council for the approval of the Wakeboard Competition.

Councilwoman Wenzel questioned him on if they do any skin boarding competitions. She knows a couple of young boys in town who are looking to get one started and need some direction.

Alex Stender, Liquid Action- He stated that skin boarding is more a beach/ocean competition. It couldn’t be done on the bay. He will take their names and be happy to get something started for them.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilwoman Wenzel just wished everyone a safe and happy Memorial Day and made a reminder that Memorial Day Services are held on Monday at 11am.

Councilman Lamb stated that he spoke to Mr. John Doyle who is the attorney for the Bay Beach Way Properties and the trial starts tomorrow, May 20, 2008.

Councilman Ardito stated that he is not for meters or parking boxes on the highway.

Councilman Stogdill stated that he attended the PTA Auction on Saturday and it was very successful. He thanked all of the PTA members who do a fantastic job of pulling it off each year.

Councilwoman Filippone thanked Councilwoman Wenzel and the rest of Council on behalf of the West Point Island Civic Association for the fill and the receptacles for West Point Island . It’s going to help us a great deal.

Council President Zalom stated that she attended the wine tasting event on May 14^th along with Mayor LaCicero and had a great time. All the Mayors were there from the surrounding towns. While we were there, we learned about a meeting that was to take place on May 19^th in reference to shared services between Brick, Point Pleasant and any other town that wanted to be involved in discussions relating to the Construction Inspection Services. Mr. Parlow attended that meeting for us.

Mr. Parlow stated that he went to the meeting and it was very informative. He stated that this may provide the Borough with an option regarding plumbing and electric service. He reported that he has interviewed a number of candidates for the position of Construction Official. He hopes to have a resolution prepared for the next meeting. The Borough still may need some other services which he hopes this interlocal will help us out.

Council President Zalom stated that the town wide garage sale will be June 7^th and 8^th. Don’t forget about the Father Alphonse concerts that will be held every Wednesday in Point Pleasant . Diane Turton Realtors is providing a bus for any residents that wish to go. Also, don’t forget there is a PBA Fundraiser at the Surf Club on June 14^th to support our Police Officers.

EXECUTIVE SESSION:

A Motion was made by Councilwoman Wenzel to go into Executive Session for Personnel Matters concerning Compensation. The Motion was seconded by Councilman Stogdill. Vote: All Council Members were in favor.

The Meeting was adjourned to go into Executive Session at 9:06 pm .

A Motion was made by Councilwoman Filippone to go back into regular session. The Motion was seconded by Councilman Stogdill. Vote: Council Members were all in favor. The Motion passed. The regular session resumed at 10:08 pm.

Council President Zalom asked Mr. George to report on the contents of the executive session.

Mr. George stated that in Executive Session there were discussions about two public works employees regarding compensation for licenses they hold and an employee of the Police Department regarding compensation for his job. There were no decisions or dollar values that were decided. There is more information that was requested and these matters are to be determined at a later date.

ADJOURNMENT:

A Motion was made by Councilwoman Wenzel to adjourn the meeting. The Motion was seconded by Councilwoman Filippone. Vote: All voted “Yes”. The motion passed. The Meeting was adjourned at 10:13pm.

CERTIFICATION

_____________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, May 5, 2008 – 7:00 pm

CALL TO ORDER: Mayor Walter G. LaCicero, presiding

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

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for all the troops overseas.

PLEDGE OF ALLEGIANCE: Councilwoman Filippone led the Salute to the Flag

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

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

Peter Sturm, 1600 Ocean Front- Wanted to compliment the town on the beautiful calendar. He stated that the calendar was very nice.

REPORTS:

a) Police Overtime Report for April-Councilwoman Filippone-read report-Mayor LaCicero stated that he did notice that enforcement is down due to the disconnection of the laptops being provided by Toms River Twp. Chief Grant has reported that the preliminary plan is to tie back into the Toms River system.

b) Public Works Report for April-Councilwoman Wenzel-read report

c) Public Affairs Report-Council President Zalom- Public Affairs Report-Council President Zalom-Memorial Day event is approaching. She needs to know who will be in attendance. There is a dog walk on May 17^th. The Ladies Auxiliary of the Fire Department will be having their geranium sales on May 9^th. Mayor and some Council attended the West Point Island Civic Association Dinner Dance held at the White Sands. Great job to Councilwoman Filippone who was in charge of the event. There was another Adopt the Highway this weekend and it went well as always. She thanked to Tom Walls from Bayside Café who provides breakfast that day and also thanked Dunkin Donuts for their donations for all our events.

d) Municipal Court Report for April-Councilwoman Filippone-read report

e) Animal Control Report for April-Councilwoman Filippone-read report

f) Planning Board Report for April-Councilwoman Filippone- Mr. Parlow stated that there were two cases heard at the April meeting. One was a nonconforming use held over from 2007 requesting an attic over a first floor, which was approved. The second was the erection of a monument on a West Point Island Civic Association boat ramp property that was being donated by a resident and that also was also approved.

g) Zoning Report for April-Councilwoman Filippone-read report

h) Tax Account Status Report for April-Tax Collector

A Motion was made to receive the Tax Account Status Report by Councilwoman Wenzel. 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:

2008-141 appointing temporary seasonal laborers for the Lavallette Public Works-Councilwoman Wenzel stated that our own Al Scheller will be coming back as a temporary seasonal for the summer.

2008-142 proclaiming May 18^th to the 24^th as “National Public Works Week”-Councilwoman Wenzel stated that she is happy with this resolution and if you see a Public Works Employee say thank you.

2008-143 removal of an electric account on Block 15 Lot 20 due to a demolition of a building

2008-144 removal of an electric account on Block 15 Lot 24 due to a demolition of a building

2008-145 authorizing the execution of an addendum to the contract with Curb Con, Inc. for the

installation of handicap curbs

2008-146 appointing Colleen Towne as the Beach Badge Supervisor for the 2008 summer

season at an hourly rate of $13.00 per hour-Councilman Lamb stated that Richard

Laird is not coming back this year because of his full time job but recommended

Colleen for the position.

2008-147 authorizing an amendment to the Verizon Wireless Contract-Mr. Parlow stated that

the attorney asked that this be held over until the next meeting of May 19, 2008

A Motion was made to approve the Consent Agenda by Councilwoman Wenzel. The Motion was seconded by Councilman Stogdill. 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:

2008-148 Bills List in the amount of $2,632,115.60

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

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Fernandez v. Willingboro Township/copy of letter sent with Resolution No. 2008-124 approving amounts to be rebated/Received April 14, 2008

b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./24 Magee Avenue, Block 10, Lot 27/Water and Sewer Bill Dispute/Received April 24, 2008-Councilman Ardito stated that he received a letter from the homeowner and he stated that he was not happy with the decision and is going to sue the Borough.

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Preconstruction Conference Minutes/Tennis Court Restoration/Received April 7, 2008

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Tennis Court Restoration/Notice to Proceed/Received April 8, 2008

c) O’Donnell, Stanton & Assoc./Michael O’Donnell/ Handicap Accessible Sidewalk/NJDOT Highway Occupancy Permit/Received April 7, 2008

d) O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue , Coleman Lane & Ortley

Avenue Road Improvements/Punch List to Earle Asphalt Company/Received April 17, 2008

e) O’Donnell, Stanton & Assoc./White Avenue , Coleman Lane & Ortley Avenue Road

Improvements/Pay Estimate No. 1/Pay Record March 31, 2008 to April 30, 2008 /Received

April 30, 2008

New Jersey League of Municipalities:

a) Senate Voting Session of April 7, 2008 /Received April 8, 2008

b) Flood Prevention Resources/Received April 9, 2008

c) League Partners with NJCTA to Highlight Mortgage Foreclosure Crisis/Received April 9, 2008

d) Property Tax Relief Funding Cut Update/Received April 9, 2008

e) S-1455/County Assumption Referendum Mandate/Received April 11, 2008

f) UPDATE-League and NJCTA Show on Mortgage Foreclosure Crisis/Received April 14, 2008

g) Relief Restoration Press Conference/Received April 18, 2008

h) Affordable Housing Legislation/Received April 18, 2008

i) 2009 Pension Obligations/Received April 21, 2008

j) Documentary-Green Builders/Received April 23, 2008

k) ISRA Applicability Service to be Discontinued/Received April 24, 2008

l) Important New Information from the Division of Local Government Services/Received April

22, 2008

m) URGENT! /Budget Cut Update Funding Formulas Matter/Received April 22, 2008

n) S-1236/Automated External Defibrillators/Received April 28, 2008

o) Reducing Municipal Fuel Costs/Received April 28, 2008

p) New Jersey Tide Telemetry System Protecting Your Municipality New Jersey State Match to

Federal Funding

q) Joint Program on Foreclosure Crisis/Received April 29, 2008

General With No Action:

a) Taser Protect Life/Peter T. Holran, Vice President/Electronic Control Device used by Police

Departments/Received April 5, 2008

b) Lavallette Hardware/Bob,Betty & Randy Shoemaker, Owners/donation of American Flags

displayed along Grand Central Avenue/Received April 7, 2008

c) Ocean County Administrator/Alan W. Avery, Jr., County Administrator/Construction

Inspection Services/recap of permit fee revenues from 2007 received from Lavallette/Received

d) April 8, 2008

e) County of Ocean/Arthur P. Burns, Supt. Of Recycling Operations/March 2008 Recycling & Compost Reports/Received April 9, 2008

f) New Jersey Senate/Thomas H. Kean, Jr., Senator/thanking Lavallette for the Resolution adopted on Opposing the Failure of the Governor’s Proposed State Budget for the 208-09 Fiscal Year to Treat Property Tax Relief as our Priority/Received April 9, 2008

g) State of New Jersey/Dept. of Community Affairs/Janice L. Kovach, Director/FY08 Domestic

Violence Police Training Grants/Received April 10, 2008

h) Cablevision/Adam E. Falk , Vice President/Digital Transition Project/Received April 14, 2008

i) Cablevision/Adam E. Falk , Vice President/Launch of Starz on Demand and Encore on

Demand Services Rebranding of Programming Services/Received April 15, 2008

j) County of Ocean/Dept. of Consumer Affairs/Division of Construction Inspection/Jamie

Henninger, Administrative Clerk/rebate for Construction Code Services for the 1^st quarter, 2008

in the amount of $2,318.90/Received April 17, 2008

k) County of Ocean/Division of Construction Inspection/Stephen Scaturro, Director/letter

explaining the disbanding of the County Construction Office and the inspector’s will be laid off

on May 30^th/Received April 21, 2008-Mayor LaCicero stated that the County will continue to

provide us service until July 1^st.

l) Ocean County Board of Health/Robert J. Ingenito, Environmental Health Coordinator/2009

Solid Waste Control Program/Received April 21, 2008

m) Wireless Capital Partners, LLC/Bill Flanagan, Director/Cellular Antenna Installation/Received

April 21, 2008

n) County of Ocean/John A. Haas, District Recycling Coordinator/Tires/Received April 21, 2008

o) State of New Jersey/Dept. of Environmental Protection/Benjamin Keiser, Acting

Manager/Barnegat Bay-West Point Island Surroundings/Received April 21, 2008

p) State of New Jersey /Dept. of Transportation/William D. Kafer, Project Engineer/Signalize

Intersection Revisions/Route NJ 35 NB and Elizabeth Avenue/Route NJ 35 SB and President

Avenue/Received April 23, 2008

q) Wireless Capital Partners, Inc./Graeme Kavanagh, Regional Vice President/Affordable

Funding in the Tightening Bonds Market/Received April 28, 2008

r) New Jersey Natural Gas/Tracey Thayer, Esq./Petition Hearings in the Matter of Increases in

its Gas Rates/Received April 28, 2008

s) Ocean County Utilities Authority/Keith B. Marcoon/Planning Engineer/2008 Metered Flow

Data/Received April 29, 2008

t) American Water/John Bigelow, President/Informing the Borough that they are a publicly

traded company once again/Received April 25, 2008

u) State of New Jersey/Dept. of Transportation/Michael Moran, Regional Maintenance

Engineer/Rt 35 Project No. HRC-035-2-08-0005759 Has Been Satisfactorily

Completed/Received April 28, 2008

v) Office of the Ocean County Engineer/Alan Rissmiller, Asst. County Engineer/No Road

Openings from Pt. Pleasant Beach to Seaside Park from Memorial Day to Labor

Day/Received April 30, 2008

w) State of New Jersey/Dept. of Environmental Protection/Joseph Goliszewski, Section

Chief/Conditional No Further Action Letter and Covenant No to Sue Unrestricted

Use/Received April 30, 2008

General With Action:

a) Project Graduation 2008/Point Pleasant Beach High School/Marie Kurtzke,

Coordinator/Received April 14, 2008-Mayor LaCicero stated he is taking care of this.

b) Jersey Shore Partnership Foundation/Jack Rosenfeld, Chair/requesting the attendance to their

Summer Celebration at Sandy Hook/Received April 14, 2008-Mayor LaCicero stated he will take care of this one.

c) State of New Jersey/Department of Community Affairs/Office of Low-Income Energy

Conservation/Clarice Sabree-Sylla, Supervisor/Fuel Vendor’s Agreement/Received April 15,

2008-Mayor LaCicero stated that he will look into this a little further before any decisions are

made.

d) Michele R. Donato/106 Grand Central Avenue /Chapter 44-Oceanfront Construction/Received

April 16, 2008-Mayor LaCicero stated that he forwarded the letter to Mr. George and he is

reviewing it.

e) Diane English/117 Pennsylvania Avenue/requesting a handicap child sign to be put in front of

her house and painted lines in front of home/Received April 22, 2008-Mayor LaCicero stated

that he believes that Mrs. English should get the sign in front of her house. Chief Grant will

take care of this.

f) Ocean County Police Chief’s Association/Chief Raymond J. Hilling, President/extending an

invitation to their 17^th Annual Ocean County ’s Police Memorial Service/Received April 22,

2008-Mayor LaCicero stated that he is taking care of this.

g) Stephen M. Sauter/Ashley T. Sorce/requesting permission to get married on the beach and

Philadelphia Avenue and to decorate the pavilion and have chairs/Received April 22, 2008-

Mayor LaCicero stated that this should follow the same rules as the gazebo ordinance.

h) State of New Jersey/Council on Affordable Housing/Lucy Voorhoeve, Exec. Director/requesting

the completion and submittal of the attached form/Received April 10, 2008-Mayor LaCicero

requested that Mr. Parlow be designated as the representative for this situation.

i) Board of Chosen Freeholders/John P. Kelly, Freeholder/101 Days of Safe Summer, “Reduce

Summer Crashes/requesting participation in these events/Received April 24, 2008-Mayor

LaCicero stated that this should be done by the Chief of Police.

j) Kathleen Bolger/121 Washington Avenue/requesting permission to plant a small bush or tree

by her late husband’s bench located by the tennis courts due to the all the trees being removed

there/Received April 25, 2008.-Councilwoman Wenzel stated that she doesn’t think any

plantings should go there until after the project is complete and then Public Works will take care

of putting some type of shrubbery there.

k) Appellate Division Rules that Mayor Can make Police Appointments under Mayor-Council

Government/Received April 29, 2008-Mr. George stated that this references Faulkner

government not us.

l) Ocean County Mosquito Extermination Commission/Thomas M. Candeletti,

Supt./Permission Form For Spraying for Mosquitos/Received May 1, 2008-Mr. Parlow stated

that this happens every year and he will take care of it.

UNFINISHED BUSINESS:

Councilwoman Filippone stated that she received a memo from Chief Grant in reference to the crossing guards for the summer months. He would be using Class I Officers at a rate of $9.00/hr, seven days a week on Bryn Mawr Avenues North and South Highways and New York Avenue North and South Highways. She does not feel we need them seven days a week, checking the daily badge sales from last year it seems we would only need them for the weekends.

She stated that more of this issue will be discussed further.

Councilman Ardito thanked the Chief for putting that together with figures.

Councilwoman Wenzel stated that there is going to be a Jet Vac demonstration at Public Works on Thursday at 9:00 a.m. if any members of Council would like to attend.

Councilman Ardito questioned whether the Planning Board moved any further about the Ordinance on the multiple uses.

Councilwoman Filippone stated that it was put on hold until the proposals received for a planner are reviewed. Request for Proposals are due on May 6^th.

Council President Zalom stated that she received the estimate from Coast Cities to repair the bus.

Mr. Parlow stated that he spoke to Bob from Coast Cities and he assured him that if it seems like it is requiring more repairs than it should he will let us know that it is not worth it.

Council President Zalom made a Motion to take $1,000.00 out of vehicle maintenance to repair the bus. The Motion was seconded by Councilman Ardito. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

NEW BUSINESS:

COMMENTS FROM THE PUBLIC:

Clem Boyers, 20 Kerr Avenue- questioned the RFP’s for Planners and what Planning Board meeting will be his first meeting.

Councilwoman Filippone stated that the RFP’s will be received on May 6^th. She stated that the Planning Board will go over the proposals and pick the best candidate. She did not believe that the planning will be at a meeting until sometime in June or even September.

Mr. Boyers stated that he knows there are a lot of people wanted to attend that meeting so he thinks we should announce it to the public when the decision is made.

Councilwoman Filippone stated that she would discuss it with the Planning Board.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Chris Parlow stated that he met with a representative from PNC Bank and the badge office will soon be outfitted to accept credit cards.

Mr. Parlow also stated that the Parking Committee will be giving Mayor and Council there recommendations and their final report shortly.

Mr. Parlow reported that the Public Power Association recently met to discuss the proposal received for hiring a contract manager for energy purchases. Five of the members have agreed to execute a contract for managed purchases versus a fixed contract price. A contract must be executed in June. With the Managed Contract there are thresholds that can be placed on it. He will be discussing it further with Mayor and Council after the May 8^th Public Power meeting when he gets more information.

EXECUTIVE SESSION: There was no executive session

ADJOURNMENT: A Motion was made to adjourn the meeting by Councilwoman Filippone. The Motion was seconded by Councilman Stogdill. Vote: All Council Members were in Favor. The Meeting was adjourned at 9:03 pm.

CERTIFICATION

_____________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE (minutes)

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, April 28, 2008 – 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, Deputy Municipal Clerk

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 11, 2008 . Notice was also posted on the Municipal bulletin board.

MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for our troops overseas and Ann Verga, a longtime resident who passed away recently.

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

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

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

Mike Melillo, Architect, Wall Twp.-he has eleven projects going on right now in Lavallette. There are some issues with base flood elevations, especially on the ocean front. Council should consider raising the base flood elevation at least a foot.

Councilwoman Filippone stated that she thinks it is something to consider and suggested that he send a letter to the Planning Board with his recommendations so it can be put on for discussion at a workshop meeting.

Dave Magno, 86 Dickman Drive -stated that a perfect example of what Mr. Melillo is talking about is #1 Pershing Blvd.

APPROVAL OF CLERK’S MINUTES:

Caucus/Regular Meeting of April 7, 2008

Executive Session Meeting of April 7, 2008

Councilwoman Wenzel requested a correction on the Minutes of April 7. The Save Barnegat Bay was not a press conference it was a cleanup.

A Motion to approve the Minutes of April 7 was made by Councilwoman Filippone. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion was Passed.

REPORTS:

a) Revenue Transaction Report for March-CFO

b) Annual Report of Taxes Not Collectible 2008-Tax Collector

A Motion to receive the Revenue Transaction Report and the Annual Report of Taxes Not Collectible was made by Councilwoman Wenzel. 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 HEARING ON 2008 MUNICIPAL BUDGET:

Reading of the 2008 Municipal Budget Statement- Mr. Parlow read from Resolution No. 2008-139A

Mayor LaCicero opened the public hearing on the 2008 Municipal Budget.

Jim Borowski, 141 Newark Avenue-questioned the debt service increase for water and sewer.

Mr. Bob Oliwa stated that the increase was about $10,000 for each water and sewer.

Mr. Borowski questioned whether that affects the utilities themselves.

Mr. Oliwa stated that the debt service does not affect the utilities themselves.

There was no other public comment.

Mayor LaCicero closed the public hearing on the 2008 Municipal Budget.

A Motion to table the 2008 Municipal Budget was made by Councilwoman Wenzel. The Motion was seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb. The Motion passed.

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

RESOLUTIONS – ON CONSENT:

2008-113 authorizing the Mayor to sign and execute an application from the Lavallette

Heritage Committee for a social affairs permit to sell alcoholic beverages in

conjunction with Heritage Day to be held on September 6, 2008 on the Lavallette

First Aid/Fire House grounds-Mayor LaCicero stated that this was tabled on

April 7, 2008 and is going to remain tabled until further discussion.

2008-126 authorizing contracts with certain approved state contract vendors for the

Borough of Lavallette pursuant to N.J.S.A. 40A:11-12a – Purchase and

installation of doors for the Lavallette Firehouse

2008-127 authorizing the Mayor to sign and execute an application from the Lavallette First Aid for a social affairs permit to sell alcoholic beverages in conjunction with Heritage Day to be held on September 6, 2008 on the Lavallette First Aid/Fire House grounds-Mayor LaCicero stated that he was going to Table this Resolution also until further discussion.

2008-128 authorizing the Mayor to sign and execute an application from the Lavallette PTA for a social affairs permit to sell alcoholic beverages in conjunction with the Lavallette PTA’s Gift Auction to be held at the St. Bonaventure Parish Hall on May 17, 2008 .-Councilwoman Wenzel questioned since they don’t sell alcoholic beverages and it’s just BYOB is this permit required? Mr. George stated that for their benefit and ours it not a bad idea. Mr. Parlow stated that it is for sale or service, so it is required.

2008-129 temporary budget amendment- Mr. Parlow stated that this is for the appropriation of grant funds

2008-130 consenting to the place to place transfer by the Director of the NJ Division of Alcoholic Beverage Control Commission of a certain Plenary C License No. 1515-33-004 as part of the application of Sherman Hospitality, LLC for allocation of licenses at premises which lie in dual municipalities-Councilwoman Filippone

requested that this Resolution be pulled and discussed in Executive Session.

2008-131 approving the change of Chris Auriano from full-time to part-time status at an hourly rate of $13.50 per hour and appointing Brian Bea to the position of full-time public safety telecommunicator at a annual salary of $25,737.00

2008-132 approving the refund of off-duty police service trust monies-Mr. Parlow stated

that contractors hire our off duty police officers to help with road construction and

they have an escrow with us. This is to refund there escrow when the job is

completed.

2008-133 authorizing the removal of one electric account from Block 37.02 Lot 31 due to a demolition of the building

2008-134 adopting and establishing a “Personnel Policies and Procedure Manual”-Mr.

George requested that this be pulled and discussed under Unfinished Business.

2008-135 authorizing the lease agreement between the Borough of Lavallette and the

Lavallette Fire House

2008-136 seasonal appointments to the Beach Badge Office and Beach Lifeguard Department

2008-137 authorizing the municipal clerk to advertise and receive proposals for wireless antenna consultant services

2008-138 opposing the passage and enactment of Senate Bill 1455

2008-139 authorizing the electric collector to adjust an electric bill amount from $1,278.75

to $14.75 on Block 7 Lot 32 Acct 1

A Motion was made by Councilwoman Wenzel to approve the Consent Agenda excluding Resolution No. 2008-113, 2008-127, 2008-130 and 2008-134. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Zalom, Stogdill, Filippone and Lamb voted Yes. Councilwoman Wenzel Abstained on Resolution No. 2008-138 and voted Yes to the rest of the Consent Agenda. The consent agenda passed.

RESOLUTIONS-OFF CONSENT: There were no resolutions off consent

APPROVAL OF VOUCHERS:

2008-140 Bills List in the amount of $518,503.46

A Motion was made by Councilwoman Wenzel to Approve the Bills List. The Motion was Seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes.

ORDINANCES ON FOR INTRODUCTION/FIRST READING

ORDINANCE NO. 2008-5(1033) ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 20 OF THE BOROUGH CODE, ENTITLED “CONSTRUCTION CODES, UNIFORM”

A Motion to Introduce for First Reading Ordinance No. 2008-5(1033) was made by Councilwoman Filippone. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb. The Motion passed.

Public Hearing and Final Adoption Scheduled for May 19, 2008.

A Motion to Introduce for First Reading Ordinance No. 2008-6(1034) was made by Councilwoman Filippone. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

Public Hearing and Final Adoption Scheduled for May 19, 2008

ORDINANCE NO. 2008-7(1035) ORDINANCE ESTABLISHING SALARIES AND WAGES OF OFFICERS AND EMPLOYEES OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN , STATE OF NEW JERSEY

A Motion to Introduce for First Reading Ordinance No. 2008-7(1035) was made by Councilwoman Filippone. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

Public Hearing and Final Adoption Scheduled for May 19, 2008

UNFINISHED BUSINESS:

Council President Zalom spoke about the bus that the recreation will use for their events. Allen MacDuffie paid to bring it to safety code. Coast Cities has provided an estimate to repair the bus of $2,500. She requested the use of $1,000 from of vehicle maintenance to make the repairs on the bus. The balance of the costs to be funded through the use of grants.

Councilwoman Filippone questioned if we spend the money do we have a guarantee the bus will run.

Councilman Stogdill questioned if the $2,500 covers everything that needs to be repaired.

Council President Zalom stated that Coast Cities stated that it should be enough to get it on the road. Even if it only lasts the Borough through the summer, it’s less than it would be to rent a bus for the summer. She will have Bob fax over an itemized list of what needs to be repaired and the total of the repairs for your review.

Mr. Parlow stated that he will also speak with Coast Cities to get a status on the condition of the bus.

Mr. George stated that some amendments were made to the Personnel Manual, Resolution 2008-134 and is now complete. He stated that the Personnel Policy needs to be amended by Ordinance. Therefore, he proposed that the Council enact Resolution 2008-134 as a recommendation to follow the guidelines of the new policy for interpreting the old which gets us to use it and requiring that the Borough introduce for first reading by Ordinance adopting the new Personnel Policy Manual.

A Motion to amend and approve Resolution 2008-134 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.

The Mayor stated that he received the soundings of the West Point Island Bridge in reference to the dredging. He stated that the conditions are not as bad as he expected. He reported that the next step is the State is going to analyze the material and how much dredged material needs to be collected.

The Mayor also reported that he received a letter from the County that they are going to begin the outfall piping. That should be done soon.

NEW BUSINESS:

Letter from Terry F. Brady, Esquire / Planning Board Attorney regarding proposed revision to Zoning Code relating to third story decks. Draft ordinance attached.

Councilwoman Filippone stated that the Planning Board has recommended a change to the code that would prohibit the installation of decks above the second floor. The intent and purpose of the ordinance is to restrict third floor living space.

Mayor stated that the Borough Code is very restrictive on what our residents can do as it is.

Councilwoman Filippone stated that there are no decks on the third floor; they are on the second floor.

Councilwoman Wenzel stated that she thinks its part of coastal living. There is something called a widow’s walk.

Councilwoman Filippone stated that the Planning Board’s recommendation is to eliminate the third story decks.

Mr. Parlow stated that by definition under the current code third story decks to not constitute living space.

Mayor LaCicero stated he would like to get an interpretation of a deck being part of living space. After that, if Councilwoman Filippone would like to put it on for the next meeting than she could do so.

Councilman Ardito stated that the ice cream vendors are selling more than ice cream. He questioned whether it is permitted by ordinance.

Mr. Parlow checked the code and reported that the code does not limit the vendors to strictly selling ice cream. Mr. Parlow stated that the fees for the vendor trucks are $1,000 for the driver and $1,000 for each additional person in the truck.

Mr. George would like to introduce on first reading adoption of Ordinance 2008-8(1036) in reference to establishing the Personnel Policy Procedures Manual .

A Motion was made by Council President Zalom to Introduce for First Reading Ordinance 2008-8(1036). The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes.

Public Hearing on Ordinance 2008-8(1036) will be held on May 19, 2008 .

Councilman Ardito thanked Mr. Parlow for the two sided copies of the agenda. He thanked Mr. Parlow for his securing the best electrical rate that he could get.

COMMENTS FROM THE PUBLIC:

Clem Boyers, 20 Kerr Avenue -He questioned the status of the Gabriella’s License Transfer.

Mayor LaCicero stated that there was a conflict with Gabriella’s license because the licensee serves as the Borough Prosecutor. Therefore, the application was transferred to the State.

Mr. George stated that the State now is requesting a resolution from the Borough of Lavallette and the Township of Toms River that if they grant the license Lavallette and Toms River Twp. would not have a problem with the license transfer.

Jim Borowski, 141 Newark Avenue-Thanked Mayor and Council for the Lavallette Fire House lease agreement.

Lillian Buirkle, 122 Washington Avenue-questioning whether or not the radio station will get their renewal license.

Mr. George stated that the radio station is currently under contract and the Borough has not intention to modify the terms of the agreement.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilwoman Wenzel would like to request Executive Session to discuss the DEP Dune issues.

She reported that the bay cleanup was held this weekend. There was a number of college students help with the clean up. A lot of them have never been to the seashore ever before. As part of their scholarship they have to do some community service. There was several dumpsters of trash removed and afterwards lunch was provided at the fire house. She thanked the fire company for allowing the use of the building.

Councilman Lamb stated that the tennis court repairs are undergoing. The repairs should be completed soon.

Council President Zalom thanked Councilwoman Wenzel for her help with the ocean cleanup. The cleanup was a success once again. The town wide garage sale is being held on June 7^th and 8^th this year with cleanup on June 9^th. She ask all not to forget about the dog walk. She reported that the Lavallette School will be holding a summer camp for one week. Also, senior lunch and movie going beautifully with about 55 people there each week. She reported that there will be a garden tour on June 14^th. The fire house will be providing refreshments.

Councilwoman Filippone stated that a suggestion was given to her that the geese droppings were pretty horrendous again and maybe people should let there dogs run loose on the field. The owners should be responsible and obedient.

Councilwoman Wenzel questioned whether our doggie club is still in effect.

Mayor LaCicero stated that he doesn’t recommend people violating the ordinance.

Councilwoman Wenzel stated that she read about this town that some residents pretended to be bigger geese than the geese and used nerdels to pretend to fly around. It was hilarious and supposedly worked.

Councilwoman Filippone stated that we should put additional receptacles on the beach.

Councilwoman Wenzel stated that this is the reason that we want the refuse truck going up and down the boardwalk and easily pick up those containers instead of using the garbage truck. Now that we have repaired most of the boardwalk it can be done. This vehicle could be used for many different jobs, also. It is less than $20,000 and in my opinion is worth the money.

Councilman Stogdill requested the lights on the ball field could be monitored by the police dept. and if they are left on they can just turn them off.

EXECUTIVE SESSION:

Mr. George stated that the items to be discussed will be Gabriella’s Restaurant Place to Place transfer, the litigation with the DEP in reference the dunes and the Verizon Wireless Contract. There will be action taken.

A Motion was made by Council President Zalom to adjourn the meeting and enter into executive session. The Motion was seconded by Councilman Lamb. All were in favor. The Meeting was adjourned at 8:48 pm.

The Council resumed Regular Session at 9:46 pm.

Mr. George stated that during the Executive Session the Mayor and Council discussed the meeting of terms and conditions in regard to the Sherman Hospitality transfer and clarified action will be taken following this summary.

Mr. George also reported that the current status of the litigation of the NJDEP dune maintenance was also discussed. No further indicators have been given to us by the state and nothing has been moved on.

Mr. George also reported that the Verizon Wireless Contract and Mr. Parlow has been successful in negotiating some favorable terms with regards with Verizon requesting some expansion on their rented property at the water tower.

Mr. George read from 2008-130 which is in regards to the Sherman Hospitality transfer.

A Motion was made by Council President Zalom to approve the Resolution No. 2008-130. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb all voted Yes. The Motion passed.

Mr. George reported that action will be taken on the Verizon Wireless Contract at the next meeting.

A Motion was made by Council President Zalom to adjourn the meeting. The Motion was seconded by Councilman Stogdill. Vote: All Council Members were in Favor. The Meeting was adjourned at 9:50 pm .

CERTIFICATION

_____________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE (minutes)

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, April 7, 2008 – 7:00 pm

CALL TO ORDER: Mayor Walter G. LaCicero, presiding

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

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

MOMENT OF SILENCE: The Mayor asked for a moment of silence for the troops in Afghanistan and Iraq .

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

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

Gabriella Berberich, 6 Trenton Avenue requested that she have a discussion with Mayor and Council after the meeting is over in reference to her movie “Greetings from the Shore”.

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

APPROVAL OF CLERK’S MINUTES:

Regular Minutes of March 17, 2008

Budget Meeting Minutes of March 11, 2008

A Motion was made by Councilwoman Wenzel to accept the Minutes of March 17 and March 11. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom and Lam voted Yes. Councilman Stogdill abstained on the March 11 Minutes and voted Yes to the March 17 Minutes. Councilwoman Filippone Abstained on both. The Motion passed.

REPORTS:

a) Police Overtime Report for March-Councilwoman Filippone-read from report

b) Public Works Report for March-Councilwoman Wenzel-read from report-She also requested that a bench be relocated on Grand Central Avenue due to the homeowner

complaining about it. She also stated that Save Barnegat Bay would like to have a press

conference on the boardwalk on May 3^rd.

Councilwoman Filippone made a Motion to approve the Save Barnegat Bay event on May 3^rd. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Stogdill and Lamb voted Yes. The Motion passed.

c) Public Affairs Report-Council President Zalom-The trip to New York this weekend has sold out. There is a rummage sale this weekend. Clean Ocean Action will be holding their Beach Cleanup on April 26th. The movie “Greetings from the Shore” was at the Asbury Park Theater on Saturday and went beautifully. It won so many wonderful awards. Congratulations to them. There is a spaghetti dinner this Friday. The “Battle of the Bands” will be held at the library again this year in June.

Council President Zalom made a Motion to approve the PA system being borrowed by the library for the Battle of the Bands event. The Motion was seconded by Councilwoman Filippone. Vote: Council Members were all in favor.

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

e) Animal Control Report for March-Councilwoman Filippone-read from report

f) Planning Board Report for March-Councilwoman Filippone-The meeting in March was cancelled. The original planner that we asked to speak didn’t work out because of some issues about conflict. We are in the process of looking for a new one.

g) Zoning Report for March-Councilwoman Filippone-read from report

h) Utility Report-Councilman Ardito reported the he finally found out where well #1 was located; it’s under a desk in Public Works department and is capped. He spoke to the Electric Dept. about falling down poles in town. They reported that anytime there is a problem with one pole that they check all the poles in that area of town. They also stated that they are looking into the LED lights for our street lights.

i) Tax Account Status Report for March-Tax Collector

A Motion to receive the Tax Account Status Report was made by Council President Zalom. The motion was seconded by Councilman Lamb. 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:

2008-112 authorizing acceptance of a proposal from Signature Information Solutions for the Borough of Lavallette to provide weekly data transmission of Borough tax records

2008-113 authorizing the Mayor to sign and execute an application from Lavallette Heritage Committee for a social affairs permit to sell alcoholic beverages in conjunction with Heritage Day on the First Aid/Firehouse grounds-The Mayor stated that he has asked to TABLE this resolution due to some conflicts between the Heritage Committee and the First Aid. He stated he would speak more about it in Executive Session. Council agreed to table this resolution.

2008-114 proclaiming the month of April as Autism Awareness Month

2008-115 authorizing the Mayor and Borough Clerk to sign and execute an Agreement between the Borough of Lavallette and International Brotherhood of Teamsters Local No. 97 (White Collar Union) for a contract effective April 7, 2008 for the period covering January 1, 2007 through December 31, 2009

2008-116 appointing badge office workers and their hourly rates for the 2008 summer season-Councilman Lamb stated that there was no increase in employees and the hourly rate went up .25 cents.

2008-117 designating the month of May as Motorcycle Awareness Month

2008-118 authorizing the Mayor to sign and execute an Interlocal Services Agreement with the County of Ocean for their Prosecutor’s Program FY 2008

2008-119 supporting passage AR89, memorializing the United States Department of

Agriculture to expand financial support for New Jersey ’s gypsy moth suppression

Program

2008-120 acknowledging the acceptance of a nice rink from the Township of

Manchester for a nominal fee of $1.00-Council President Zalom stated that this is a wonderful thing for the Borough. Unfortunately, we couldn’t get it together for this year because of the weather but next year it’s going to be great. Mayor LaCicero stated that he received an anonymous letter at his home in reference to this ice rink. He just wants to reassure the residents that this is a very small rink and gets filled by the fire dept. It is not going to be like the Toms River Ice Skating Center . It’s just for the kids in town to be able to enjoy it.

2008-121 approving the application from the Lavallette PTA to hold an On Premise Gift

Auction on May 17, 2008 to be held at St. Bonaventure Parish Hall and an Off

Premise 50/50 on May 31, 2008 to be held on the Lavallette School Grounds at the

Alumni Time Capsule Barbecue

2008-122 authorizing the Mayor and Borough Clerk to execute an application for eligibility in

the federal surplus property program-Councilwoman Wenzel questioned who was

requesting this? Mr. Parlow stated that the Chief of Police requested this so he can

participate in this program. Councilwoman Wenzel stated that she has contacted

this program numerous times for the Public Works Dept. and they have also said

they have nothing available. Mr. Parlow stated that he would talk to the Chief about

it.

2008-123 approving the dates of the Beach Badge Office and opening day for the 2008 beach

season

2008-124 authorization of OPRA refunds in the matter of Fernandez v. Willingboro Township

A Motion was made to approve the Consent Agenda with the exception of Resolution No. 2008-113 which was TABLED by Councilwoman Wenzel. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes.

The Motion passed.

RESOLUTIONS-OFF CONSENT: There were no resolutions off consent

APPROVAL OF VOUCHERS:

2008-125 Bills List in the amount of $1,054,975.44

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

ORDINANCES ON FOR 2^ND AND FINAL READING

ORDINANCE NO: 2008-04(1032) ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)

A Motion was made to approve Ordinance No. 2008-04(1032) by Council President Zalom. The Motion was Seconded by Councilwoman Wenzel. At this time the Mayor asked for Public Comment on Ordinance No. 2008-04(1032). There was no public comment. Mr. Parlow stated that it is in the best interest of the Borough to approve this Ordinance. The Mayor closed the Public Hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Request for Opinion on Employment with Borough Volunteer Fire Department/Received March 18, 2008

b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Fernandez, v. Willingboro Township/Payment of Legal Fees/Received March 20, 2008

c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Lavallette Volunteer Fire Company #1 Lease Building Lease Agreement/Received March 25, 2008-Councilman Lamb stated that he spoke to the Fire Dept. and they are in agreement with Mr. George. Mr. Parlow stated that he has a problem with #9 in the lease agreement referencing that the Borough would have to repair or replace within 10 days. That’s not always probable. Mr. George the wording can be adjusted. Mr. Parlow also stated that in that lease agreement should be some kind of language for the Borough to hold elections in that building.

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Miscellaneous Service Lateral Repair Project/Warranty Inspection/Second Request/Received March 10, 2008

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Preconstruction Conference Minutes of Project White Avenue, Coleman Lane & Ortley Avenue Road Improvements/Received March 12, 2008

c) O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue , Coleman Lane a& Ortley Avenue Road Improvements/letter to County for Trench Opening Application/Received March 18, 2008

d) O’Donnell, Stanton & Assoc./Michael O’Donnell/Tennis Court Restoration/letter to Halecon,

Inc. Requesting Price for Replacing Fence/Received March 24, 2008-

e) O’Donnell, Stanton & Assoc./Michael O’Donnell/Tennis Court Restoration/letter to Halecon,

Inc. advising them of Notice of Award of Contract/Received March 24, 2008

f) O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue , Coleman Lane & Ortley

Avenue/Earle Asphalt Company/Notice to Proceed/Received March 24, 2008

g) O’Donnell, Stanton & Assoc./Michael O’Donnell/Tennis Court Restoration/Preconstruction

Meeting Scheduled for April 3, 2008 at 10:00AM /Received March 25, 2008-Councilwoman

Wenzel stated that the Supt. of Public Works attended this meeting and there was talk about

removing fencing and trees. That would be okay with Public Works but they need to know

when this needs to be done. They can cut the trees down right away but the roots will take

some time to remove. Mr. Parlow stated that he thinks the trees should be removed before they

start but he will check with Mike O’Donnell on the time frame. Councilwoman Wenzel stated

that the fencing can be taken down but do the poles stay and get painted or do they get removed

also.

h) O’Donnell, Stanton & Assoc./Michael O’Donnell/Handicap Accessible Sidewalks/letter to

Curb Con, Inc. to close out project and final payment/Received April 3, 2008

New Jersey League of Municipalities:

a) CMPTRA Cut Briefing/Received March 3, 2008-Council President Zalom requested an update

from Mr. Parlow. Mr. Parlow stated that the State Budget has gone to the Assembly and is in

their hands now. Once they make a decision we will no more.

b) Funding Cut Updates/March 3, 2008

c) Funding Cut Updates/Received March 4, 2008

d) Anti-Discrimination Posters/Received March 5, 2008-Councilwoman Wenzel questioned whether this is being followed up on. Mr. Parlow stated that he is taking care of this.

e) Budget Cut Update and Briefing Advisory/Received March 5, 2008

f) Smaller Municipality Budget Briefing Report/Received March 6, 2008

g) Important New Information from the Division of Local Government Services/March 5, 2008

h) Web Seminars for Storm water Professionals/Received March 10, 2008

i) Municipal Leaders Question Corzine’s Budget Cuts/Received March 12, 2008

j) Budget Cuts More Action Needed/Received March 14, 2008

k) DEP Proposes Amendments to NJPDES Rules and NJ Register of Historic Places

Rules/Received March 18, 2008

l) Important New Information from the Division of Local Government Services/Received March

25, 2008

m) NJDEP Task Force on Permitting Programs/Received March 27, 2008

n) 2009 Pension Obligations/Received April 1, 2008-Mr. Parlow stated that he hasn’t run the calculations yet but he believes there will be at least a 20% increase to next year’s budget.

o) State Budget Cuts Restoration Update/Received April 2, 2008

General With No Action:

a) Ocean County Planning Board/Mark Villinger, Assistant Planner/Ocean County Natural Lands Trust Fund Status Report for February 2008/Received March 3, 2008

b) Ocean County Planning Board/Steering Committee Meeting 2008 CDBG/Erika Stahl, Planner Trainee/Received March 6, 2008

c) PMK Group/Spill Prevention Control and Countermeasure/Proposed Amendments/Received

March 7, 2008

d) Ocean County Mosquito Extermination Commission/Thomas Candeletti,

Superintendent/NJDEP Approved Fact Sheets on Mosquito Populations/Received March 7,

2008

e) New Jersey Transit/Access to the Region’s Core/Tom Schulze, Director/Supplemental Draft

Environmental Impact Statement/Received March 10, 2008

f) Forums Institute/Linda Mather, President/Municipalities Are Going to be Hit Hard by the

by the Proposed State Budget/Planning Shared Services/Received March 10, 2008

g) State of New Jersey/Dept. of Environmental Commission/Bureau of Underground Storage

Tanks/NJPDES Permit by Rule Request Approval/Sea Bay Sunoco/Received March 11, 2008

h) State of New Jersey/Board of Public Utilities/Order Establishing Procedural Schedule for the

Matter of Comprehensive Energy Efficiency and Renewable Energy Resource Analysis for

2009-2012 Clean Energy Program/Received March 12, 2008

i) Fruchter & Assoc., LLC/Harvey Fruchter/Priced Right Towing and/or Accurate

Towing/Received January 14, 2008

j) County of Ocean/Department of Purchase/Ralph Patterson, Director/Ocean County

Auction/Auction Items Review Day on March 25, 2008 /Received March 12, 2008

k) Ocean County Planning Board/Erika Stahl, Planner Trainee/Change In Scope of Work 2005,

2006, 2007/Permission to Change the Scope of Work to Include the Installation of Handicap

Doors for the Lavallette Fire Dept./Received March 13, 2008

l) County of Ocean/Arthur Burns, Supt. of Recycling Operations/February 2008 Recycling &

Compost Reports/Received March 18, 2008

m) K & L Gates/William Keyser/Exelon Generation Company, LLC/Motion to Substitute of the

PPL Companies/Received March 18, 2008Received January 22, 2008

n) Cozen, O’Conner/In the Matter of New Jersey American Water Company for Approval of

Increased Tariff Rates and Charges for Water and Sewer Service/Received March 17, 2008

o) Monoc/Vincent D. Robbins, President and CEO/Financial Destruction of New Jersey’s

Paramedic System/Received March 19, 2008

p) Cablevision/Adam Falk, Vice President/ Launch of Starz on Demand and Encore on

Demand Services/Rebranding of Programming Services/Received March 19, 2008

q) State of New Jersey/Attorney General/David Bregenzer, Assistant Attorney

General/Approval of Acceptance of Jurisdiction Over the Transfer and Renewal License

Application for Sherman Hospitality, LLC/Received March 20, 2008-Mr. Parlow stated that

the ABC has approved the jurisdiction license and he has sent all the paperwork to them.

Once they set a date for hearing, he will inform everyone.

r) North Jersey Transportation Planning Authority/Kevin Twine, Principal Transportation

Planner/Route 35 Restoration/listed for the 2009 Program/Received March 20, 2008

s) State of New Jersey/Dept. of Environmental Protection/Lisa Jackson ,

Commissioner/2008 Clean Communities Entitlement of $7,049.23 Disbursement in April

2008/Received March 20, 2008-Councilwoman stated that this is the price every year and she

is happy it will help us with our budget.

t) Aspen Tree Expert Co., Inc./Laura Chisholm, Office Manager/Tree Pruning for JCP & L

Contract/Received March 24, 2008

u) Patrick Pelosi/3 Funston Road /Letter Expressing Disappointment in Receiving a Code

Enforcement Violation Notice to Remove the Construction Sign on his Property/Received

March 24, 2008

v) Borough of Lavallette Public Works/Gary Schlosser/letter to County Administrator Alan

Avery expressing interest in two vehicles on their auction list/Received March 25, 2008-

Councilwoman Wenzel stated that the Supt. of Public Works was able to pick up to F-150

pickup trucks that they desperately needed for $1.00 each.

w) PMK Group/NJDEP Stormwater General Permits Approaching Deadline/Received March 31,

2008

x) State of New Jersey/Department of the Treasury/Division of Taxation/Recycling Tax

Imposition as of April 1, 2008 /Recycling Tax as of April 1, 2008 /Received March 31, 2008

y) ABATE of the Garden State/American Bikers Advocating Training and Education/Steve

Friedrich/Chairman, Safety and Awareness/Received March 27, 2008

z) Ocean County Transportation Services/Transportation Grant Approval for the year 2008 in

the amount of $3,000.00/Kathleen C. Edmond, Director/Received April 3, 2008-Council

President Zalom stated that they receive the same amount every year. This grant will be able

to fix our recreation bus .

aa) Ocean County/Department of Public Affairs/Approval of Ocean County Tourism Grant in the

amount of $1,050.00/Received April 2, 2008-Council President Zalom stated that

unfortunately this year we received a smaller amount but it will still help us with our budget.

bb) State of New Jersey/Office of Attorney General/ABC Division/Opinion on Ordinance

Amending, Revising, Supplementing Ordinance 3-6 “Proximity of Plenary Retail

Consumption Licenses”/Received April 3, 2008

cc) A.V. Maestrey/Resigning from Special Prosecutor Position Due to Professional Obligations

that Prohibit Him From Serving in that Capacity/Received April 3, 2008-Mayor LaCicero

stated that he received another job and cannot commit to us. He stated he will have another

name for the next meeting

dd) Carluccio, Leone, Dimon, Doyle & Sacks, LLC/John Paul Doyle, Esq./ Bay Beach Way

Realignment Committee, LLC, Etals Vs. Township Council of the Township of Toms River ,

Etal/Copy of Brief/Received April 2, 2008

General With Action:

a) Meridian Health/Annette Catino, Chair/Requesting the Mayor’s Attendance at their 17^th Anniversary Luncheon on May 2, 2008/Received March 6, 2008-Mayor LaCicero stated that he was taking care of this.

b) Clean Ocean Action/Anna Will and Emily Hackett, Coordinators/Requesting Permission to Hold Their 23^rd Annual Clean Ocean Action Beach Sweeps on April 26, 2008 /Received March 10, 2008-

A Motion was made to approve the Beach Cleanup for April 26^th by Councilwoman Wenzel. The Motion was seconded by Council President Zalom. Vote: All of the Council Members were in favor. The Motion passed.

c) National Multiple Sclerosis Society/Jessica Moll, Logistics and Volunteer

Coordinator/Requesting Permission to use the Centennial Park and Gazebo as a Rest Stop on

May 17^th /Received March 13, 2008

A Motion was made by Council President Zalom to approve the use of the gazebo for a rest

stop. The Motion was seconded by Councilwoman Filippone. Vote: Council Members were

all in favor. The Motion passed.

d) Superior Court of New Jersey /Juvenile Intake/Jennifer Perlmutter, Court Services Supervisor

2/Requesting the Mayor to Speak at the Upper Shores Library on April 9 in Reference to What

Has Been Happening in the Lavallette/Upper Shores Area to Prevent Gang Activity/Received

March 18, 2008-Mayor LaCicero stated that he will be addressing this one.

e) Point Pleasant Beach Chamber of Commerce/Dotti Daly, Administrative Director/requesting the

attendance of Mayor and Council on May 14, 2008 for their 5^th Annual “Meet the Mayors and

Wine Tasting Event/Received March 31, 2008-Mayor LaCicero stated that he will be attending

this event.

f) State of New Jersey/Department of Transportation/Kris Kolluri, Commissioner/Accepting

Applications for the NJ Dept. of Transportation Municipal Aid, Bikeway, Centers of Place,

Historic Bridge and Safe Streets to Transit Programs/Please Apply/Received March 27, 2008-

Council President Zalom stated that she is very excited about this grant because of the

Streetscape Plan. She will take care of the paperwork.

g) WWFM/Peter Fretwell, General Manager/requesting the scheduling of a meeting to discuss

Renewal of Mercer County Community College ’s antenna lease with the Borough/Received

March 27, 2008-Mr. Parlow stated that this will be discussed in Executive Session.

h) New Jersey League of Municipalities/William Dressel, Executive Director/Requesting Your

Attendance to Attend the Premiere of Green Builders at NJN’s Studios in Trenton on April 15,

2008 at 4:30 pm .-Mayor LaCicero stated he will be addressing this one.

i) Voters & Taxpayers Assoc./Joe Marcianti, President/Yellow Curb Painting in front of 109

Washington Avenue is hardship for homeowner/Please Remedy the Situation/Received April 2,

2008-Mayor LaCicero stated that the painting of the yellow curbs is state mandated and there is

nothing the Borough can do about it. Mr. George stated that the state mandates a 50 foot

buffer. Councilman Ardito stated that this should be looked into further for this gentleman

because of the handicap situation. Councilwoman Filippone stated that the homeowner should

contact the state and see if anything can be done about it. Councilman Ardito questioned

whether or not a handicap spot could be put after the yellow line so he can park at least

somewhat close. Councilwoman Filippone stated that she would talk to the Chief about that.

j) County of Ocean/Office of County Clerk/Carl Block, County Clerk/requesting Mayor or

Council or a representative to attend a meeting on April 14^th/Records Management Needs

Assessment and Strategic Plan Initiative/Received April 3, 2008-Mr. Parlow stated that he will

be attending this meeting.

k) Lisa Temple/1404 Ocean Front/requesting the Borough to pay for some of the fence and

walk way that was damaged during the boardwalk reconstruction/Received April 3, 2008-Councilwoman Wenzel stated that she had pictures of this property. Public Works has been in contact with her and she stated that she hasn’t even been down to see the damage but that her neighbor had called to tell her. The damage is certainly not from the Borough as you can see from the pictures. There is no responsibility on our part.

UNFINISHED BUSINESS:

Councilwoman Wenzel stated she has two names for the potential Environmental Committee. She states that she encourages Council to give the Mayor more names so this can get started.

Councilman Stogdill stated that he just put two names in the Mayor’s mailbox for the Committee also.

Councilman Ardito questioned whether or not the Chief of Police put down the cost of four crossing guards for the summer season in his budget.

Councilwoman Filippone stated that she didn’t believe so but will speak to the Chief about it.

Councilwoman Wenzel stated that since the Mayor anticipates some amendments or cuts in the budget maybe we should have a meeting before the budget hearing on April 28.

Mayor LaCicero stated that our budget depends on what the State is going to do for us on the State Aid situation. We should probably wait on that first and then discuss our changes and cuts.

Councilman Lamb questioned if anyone had a time frame on the State Budget.

Mr. Parlow stated that until the State Assembly makes a decision we won’t know anything. He suggests going ahead with the Public Hearing on the 28^th and just not voting on it until we here from the State. That could take a couple of months at least.

Councilman Ardito questioned why there were no police presence for the traffic for the Church on Sunday between 9 am and 12 noon.

Councilwoman Filippone stated that she wasn’t aware of it but would speak to the Chief.

NEW BUSINESS:

Personnel Policies and Procedures Manual-Draft Amended Policy-Mr. Parlow stated that the JIF requires that all policies and procedures be updated by April 30 in order for us to receive our premium deductions. Some of the policies required are mandated and need to be done. He believes the Borough Attorney should review the Manual. He will be preparing additional policy updates throughout the year and put it under new business on the agenda for approval; however, there are certain items in the manual that need to be discussed tonight.

Page 13, referencing a minimum donation amount to be filled in. Mr. Parlow stated he entered an amount of $50.00 but maybe Mayor and Council thinks it should be $0.

Councilwoman Wenzel stated that she doesn’t have a problem with the zero amount.

Mayor LaCicero stated that he isn’t comfortable with the zero amount. What if we go to a seminar and they pick up the lunch tab? That should be discussed further.

Mr. Parlow stated that we have three weeks before the next meeting, so they can discuss it.

Page 19, referencing the Military Employees getting full pay or no pay while on military duty and not working for the Borough.

Mayor LaCicero stated that he is for the Borough paying them their full salary while on active duty.

Page 23, Referencing information on background checks. Mr. Parlow stated that this whole section should really be looked at further. I would really appreciate your comments before the three weeks.

Page 25, Referencing the new employee evaluation period. Mr. Parlow stated that this section should be discussed further.

Councilwoman Wenzel stated that she called the JIF in reference of getting a Personnel Manual for Public Works. She has some updated items for the Public Works Dept. She questioned how that would work if PW had a separate policy.

Mr. George stated that there has to be a baseline policy, which would be the initial Borough of Lavallette Personnel Policy Manual. If Public Works updates a policy on use of vehicles and the Borough’s manual already has updated that policy in the baseline manual that would be the one that governs.

Councilwoman Wenzel stated that she will provide Mr. Parlow with formal recommendations from the Public Works Dept. for this Manual.

Mr. Parlow stated that as of July 1, 2008, the County Construction Department will not longer be providing the service to various municipalities. The Borough is in the process of creating its own department. He has prepared a number of draft ordinances for this new department that the Mayor and Council need to take a look at and discuss.

Draft Ordinance - Re-establishing Construction Code Department- Mr. Parlow request that the Borough Attorney review this ordinance.

Draft Ordinance – Adding UCC titles to Officers and Employees Ordinance- Mr. Parlow reported that the additional UCC titles need to be added to the Code.

Draft Ordinance – Revising Salary Ranges for all Titles, Creating Ranges for UCC Titles- Mr. Parlow reported that the salary ranges for these titles need to be created. Mr. Parlow stated that because he was already creating mins and maxs for the salary ranges, he went ahead and revised the mins and maxs for all the salary ranges for all titles for a three year period. Mayor and Council will need to look over these ordinances so they can be put on for the next meeting for approval.

COMMENTS FROM THE PUBLIC:

Lachlan Cameron, 115 President Avenue -stated that he was told by the office that the tax assessor’s hours were 6-8 pm on Thursday nights. He arrived at the office at 6pm and he wasn’t there so he waited awhile. He then left and came back about 7pm and he still wasn’t there. What exactly are his hours and do they change every week?

Mayor LaCicero stated that he believed that is his hours and they are the same every week.

Mr. Parlow stated that he would look into why he wasn’t there.

Judy Farfalla, 15 Bond Avenue-Since they are restoring the tennis courts, could they maybe put some benches inside the fence for people to put there stuff on. It just helps us the people get better organized. She also requested that maybe the court attendant can sweep the courts to get rid of the puddles and sand.

Councilwoman Wenzel stated that down at the baseball field they have what is called players’ benches that she thinks would be perfect for that.

Mr. Parlow stated that once the new courts are done he hopes that any ponding problems are eliminated.

Mayor LaCicero stated that he is going to be addressing the hours of the court attendant also. He thinks it should be 7am to 3pm .

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Mr. Parlow stated that he had a meeting with a representative from the DEP and he brought him new information in reference to FEMA guidelines. People in town who require flood insurance get a discounted rate because the Borough participates in the CRS Flood Program. The Representative stated was that people who are not in compliance with all base flood elevation requirement who do not correct the condition will not be entitled to that discount. Mr. Parlow reported that he has received a list of properties that will be affected. He requested permission from Council to send a letter to all property owners that will be impacted by this change in policy.

The Mayor asked if Council was all in favor of sending out the letters. All Council Members were in favor.

Mr. Parlow stated that there is a school election on April 15 and encouraged everyone to go out and vote.

Mr. Parlow stated that he received a proposal from the cell tower consultant. Mr. Parlow stated that he spoke to Mr. George about this and they both feel that the Borough should be getting RFP’s for this project.

Council Members were all in favor of getting RFP’s for this project.

Mr. Parlow stated that proposals for the electric contracts are due on April 11, 2008 . Depending on what action the Public Power Assoc. takes, there might be some action needed to be taken by Council at the next meeting on April 28^th.

Mayor LaCicero stated that he has been keeping up with the dredging problem. The entire town has now been officially sounded. Stockton College will now collect the samples and run sediments of quality testing. The problem is going to be how much of the volume we are going to be able to deal with.

EXECUTIVE SESSION:

Mr. Parlow stated that they need to have an Executive Session regarding personnel, WWFM contract, Verizon Wireless Contract and some updates on NJDEP and Toscano litigation.

A Motion was made to go into Executive Session by Councilwoman Wenzel. The Motion was Seconded by Councilman Lamb. Vote: Council Members were all in favor.

The Caucus/Regular Meeting was adjourned to go into Executive Session at 9:10 pm .

Mayor and Council resumed Regular Meeting at 10:27 pm.

Mr. George announced that a number of matters that were discussed in Executive Session.

He reported that the status of the DEP litigation in reference to the pavilions and the walkways was discussed. The consensus of everyone is to move forward on this as soon as possible.

He reported that the Toscano litigation was discussed. The settlement was rejected by the plaintiff and a trial has been set for May 5^th. The JIF Attorney is handling this matter but Mr. George may assist.

He reported that there was discussion in reference to a personnel matter in which the employee was rice noticed. There is documentation that we are waiting on.

He reported that there was discussion about the two cell towers the Borough leases on the water tower within the Borough Yard.

He reported that there was discussion relating to the movie that was recently made in the Borough of Lavallette. The discussion was about the domain name of “Greetings From the Shore”. He reported that his office will be looking into the issue further in reference to improper wrongdoing.

No Action was taken on any issues.

ADJOURNMENT:

A Motion was made to adjourn the meeting by Councilwoman Wenzel. The Motion was Seconded by Councilman Lamb. Vote: Council Members were all in favor.

The Meeting was adjourned at 10:30 pm.

CERTIFICATION

_____________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, March 17, 2008 – 7:03 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding

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

Councilwoman Filippone was absent and Councilwoman Wenzel was not present at roll call.

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

MOMENT OF SILENCE: At this time, the Mayor stated that Council President Zalom was going to read a letter about the passing of Linda Vizzone. Council President Zalom read about her life with the Borough of Lavallette. After she read, there was a moment of silence for her.

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

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

Pat Marrone, representing the Lavallette Beautification Committee, introduced Robert and Janet Barber of 105 Brown Avenue . They were part of the donation of roses along with Julie Henry to the Borough of Lavallette.

Robert Barber stated that his son David Barber passed away five years ago and the company he was working for at the time created a memorial garden in his memory and all the roses in that garden are called Rosa “David Barber”. When Mr. Barber told Julie the story she contacted the company and they agreed to donate the roses to the Beautification Committee for Hankins Park and the Lavallette School . This is truly an honor and we thank you very much.

APPROVAL OF CLERK’S MINUTES:

Caucus/Regular Minutes of the March 3, 2008

Council President Zalom asked that the minutes be amended to reflect that Andrew Doles lived on Bryn Mawr Avenue not on West Point Island .

A Motion to approve the Amended Minutes of March 3^rd was made by Council President Zalom. The Motion was Seconded by Councilman Stogdill. Vote: Council Members Ardito, Zalom, Stogdill and Lamb voted Yes. The Motion was Passed. Councilwoman Wenzel was not present at this time.

REPORTS:

a) Police Overtime Report for February 2008-Council President Zalom-read from report

b) Revenue Transaction Report for February 2008-Chief Financial Officer

A Motion to receive the Revenue Transaction Report was made by Council President Zalom. The Motion was Seconded by Councilman Lamb. Vote: Council Members Ardito, Zalom, Stogdill and Lamb voted Yes. The Motion was Passed. Councilwoman Wenzel was not present at this time.

Councilwoman Wenzel arrived at the meeting.

PUBLIC HEARING: White Whale, Inc. Place to Place Transfer Application

Kim Pascarella, attorney for White Whale, Inc., stated that this application is strictly an expansion of the liquor store premises. The premise is located in a four unit commercial building located on Grand Central Avenue with residential units above where the Loundy’s reside. One of the units has become vacant next to their unit and they would like to expand their liquor store into the second unit.

Mr. George asked that Ms. Joanne Loundy be sworn in so that he may ask her a question.

Mayor LaCicero swore her in.

Mr. George questioned if this expansion was only going to be one commercial use and not multiple uses.

Mrs. Loundy stated that the expansion was only going to be used as a liquor store with some snacks.

At this time, Mayor LaCicero opened the floor up for questions or comments from the public.

There was no one who wished to comment.

Mayor LaCicero asked Members of Council if they had any questions or comments for the applicant.

Council had no comments for the applicant.

A Motion was made to approve the White Whale, Inc. Place to Place Liquor License Transfer Application by Council President Zalom. The Motion was Seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb voted Yes. The Motion was Passed.

Mr. George will prepare the Resolution which will be Resolution No. 2008-111.

INTRODUCTION OF CAP ORDINANCE 2008-04(1032):

Mr. Parlow read the Ordinance by title and gave a brief description.

Councilman Ardito questioned how long of a period will the money hold.

Mr. Parlow stated that explained that it is on a first in, first out basis for a period not to exceed two years.

A Motion was made to approve the introduction of Ordinance 2008-04(1032). The Motion was Seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb voted Yes. The Motion was Passed.

Public Hearing and Final Adoption is scheduled for April 7, 2008

INTRODUCTION OF 2008 MUNICIPAL BUDGET:

Resolution No. 2008-106

Mr. Parlow read in full Resolution No. 2008-106. He also read Mr. Oliwa’s Auditors Report in full for the record. Also included was an analysis of the appropriations.

Councilman Ardito questioned whether the new hires are going to pay into the pension system?

Mr. Parlow explained that all employees pay into the pension system as does the Borough for each employee.

A Motion was made to approve the Introduction of the 2008 Municipal Budget by Councilwoman Wenzel. The Motion was Seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Stogdill and Lamb voted Yes. Councilman Ardito Abstained. The Motion was Passed.

Public Hearing and Final Adoption scheduled for April 28, 2008

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

RESOLUTIONS – ON CONSENT:

2008-97 authorizing the Electric Collector to remove the second electric account at 122

Camden Avenue , Block 38.02 Lot 29 due to the demolition of the building.

2008-98 approving the application from the Catholic Daughters of the Americas from St. Bonaventure Church to hold an On Premise Merchandise Raffle to be held on June 25, 2008 at the St. Bonaventure Parish Center.

2008-99 approving the application of Joseph P. Giampietro as a Probationary Member of

the Lavallette Fire Department

2008-100 opposing the failure of the governor’s proposed state budget for the 2008-2009

fiscal year to treat property tax relief as our priority.-Council President Zalom

stated that this resolution is going to go to the Governor himself.

2008-101 proclaiming the week of April 27 thru May 3, 2008 as “National Volunteer

Week”

2008-102 proclaiming the month of May as “Older Americans Month”

2008-103 proclaiming the month of May as “Mental Awareness Month”

2008-104 awarding a contract to Halecon, Inc. in the amount of $57,700.00 for the Tennis

Court Resurfacing Project-Councilman Lamb stated that last year’s lowest bid

was $170,000 for a surface that was used in private clubs. After careful

consideration we decided against it because of our courts being so public it could

be torn and damaged. We were able to get a lot of different options this time. It

was definitely a good idea for us to wait. This price is to repair all four courts.

2008-105 proclaiming the week of April13 to April 19, 2008 as “National Library Week”-

Council President Zalom stated that Lavallette has the best library in New Jersey .

2008-107 temporary budget amendment-Mr. Parlow stated that we needed to reappropriate

some funds for the next couple of months

2008-108 approving ten applicants to attend the Ocean County Police Academy Satellite

Training Course for Class I Officer training-Councilman Ardito questioned

whether or not we always send our police force to training every year. Mr.

Parlow stated that these were Class I Officers for the summer.

2008-109 appointing a part-time telecommunicator for the Lavallette Police Dept.

2008-109A permitting participation in the Local Finance Board’s local budget examination program in accordance with N.J.S.A. 40A:4-78b

A Motion was made to approve the Consent Agenda by Council President Zalom. The Motion was Seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Zalom, Stogdill and Lamb voted Yes. Councilwoman Wenzel Abstained on Resolution 2008-100 and voted Yes to the rest of the Consent Agenda. The Motion was Passed.

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

APPROVAL OF VOUCHERS:

2008-110 Bills List in the amount of $281,274.82

A Motion was made to approve the Bills List by Councilwoman Wenzel. The Motion was Seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill and Lamb voted Yes. The Motion was Passed.

BOND ORDINANCE ON FOR 2^nd AND FINAL READING :

Bond Ordinance No. 2008-03 (1031) BOND ORDINANCE AMENDING IN PART BOND ORDINANCE NO. 2000-21(876) ADOPTED ON DECEMBER 4, 2000 , PROVIDING FOR SANITARY SEWER REHABILITATION, IN ORDER TO EXPAND THE SCOPE OF IMPROVEMENTS TO INCLUDE THE PURCHASE OF A SEWER CLEANING MACHINE, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN , NEW JERSEY

Joseph Palinsky, 122 Washington Avenue-questioned whether or not the specs for this cleaner are compatible to the lining of the pipes in that it won’t ruin them?

Mr. Parlow stated that he doesn’t believe so but he will look into that. That is a very good question.

Councilman Ardito questioned whether it was a grant or loan from the USDA?

Mr. Parlow stated that it was both. He stated that you utilize the loan portion first and than the grant portion with no cost to the Borough at all.

A Motion to approve Bond Ordinance No. 2008-03(1031) 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 was Passed.

UNFINISHED BUSINESS:

Council President Zalom stated that she attended the CDBG Steering Committee Meeting on March 10^th for the funding. Lavallette will be included in the 2009 grant procedure.

She also requested that the acceptance of the nice rink by resolution be put on for the next meeting of April 7^th.

She also stated that she spoke to Coast Cities about the bus again and he is going to come down and check it out himself.

Mayor LaCicero stated that he and Administrator Parlow met with a company called FSD Enterprises. They have proposed to provide the bid preparation service for additional cellular tower rentals. FSD would receive a payment fee of 35% of the first year rent for the first antenna and 25% of the first year rent for any additional agreements. It will require a five year contract and we are looking at approximately three antennas right now. Mr. George was provided the contract.

Councilman Lamb questioned whether they will calculate the size and whether they will fit in that area?

Mayor LaCicero stated that they did tour the facility and he does think he can get three or more in that area. He expects us to receive between $25,000 to $30,000 per antenna.

NEW BUSINESS:

Councilwoman Wenzel stated that this year she is very interested in getting together an Environmental Committee. She would like Council and the Mayor to submit a list of names of who they think will be interested.

Mayor LaCicero stated that he would start the process of preparing a list.

Council President Zalom stated that the Parking Committee is doing very well. Clem Boyers took lots of pictures of the streets for us. We have another meeting on April 9^th and suggestions to Mayor and Council should be coming shortly.

She also stated that she and Chris Parlow came up with the idea of asking the CDBG if the extra funds of $26,000 from the handicap sidewalks and curbs can be used to purchase the firehouse doors. They said that would be okay to do and agreed that every door should be made handicap accessible.

Mr. Parlow stated that the new electric power contract with DTE Energy is a 17 month contract which is good until May 2009 so we are going to have to go out to bid for the next contract is October of 2008. The prices are not looking favorable at this time. He reported that prices have remained relatively the same.

Mr. Parlow also reported that the Primary Election is coming soon and petitions to be placed on the ballot are due by 4:00 pm on April 7^th.

COMMENTS FROM THE PUBLIC:

Lachlan Cameron, 115 President Avenue -stated that when Council decides to change a date of an event such as the garage sale they should first check with the churches to see if they were going to participate because having an event on a Sunday washes the churches out completely.

Judy Farfalla, 15 Bond Avenue questioned whether wind power has been looked into for Lavallette?

Mr. Parlow stated that there was some discussion about wind power. Right now they are looking to put a wind farm off the coast to invest in. The Public Power Association has supported the idea. The Association is still waiting for a price proposal.

Councilwoman Wenzel stated that she believes we are uniquely positioned for alternative power because we own our own utility. Windmills are very pretty and wouldn’t look to bad in our town. She suggests when the environmental committee is formed that they continue to look into this subject.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Council President Zalom thanked Laurie O’Brien and the Recreation Dept. for the success of the Easter Egg Hunt. She stated that there is a Pork Dinner on April 5^th at the Firehouse and the opening day for baseball as well. There is also dodge ball and basketball nights at the school. Also, the borough hall offices were painted so come and check it out.

Councilman Lamb questioned the time frame in reference to the firehouse doors.

Mr. Parlow stated that he should have a contract ready to go for the next meeting of April 7^th with Jammer Doors and they should be completed; hopefully, by Memorial Day.

Councilman Ardito stated that he and Chris contacted two solar companies to discuss the alternative option. They both agreed to give us proposals but never came through with those. Also, thank you to whoever took care of the tennis court lights being turned off.

Mayor LaCicero stated that he’s very happy that they rejected the tennis court bid last year. It saved the town a lot of money. He also stated he is not happy with the budget. He thinks there could be some more cuts from departments but will save his comments for the hearing on April 28^th.

He also stated that the County Construction Department is done as of July 1. We have a lot of applications to go over and will hiring some officials shortly.

EXECUTIVE SESSION: There was no executive session.

ADJOURNMENT:

A Motion was made to Adjourn the Meeting by Council President Zalom. The Motion was Seconded by Councilman Stogdill. All were in Favor. The Motion was Passed.

The Meeting was Adjourned at 8:45 pm .

CERTIFICATION

_______________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, March 3, 2008 – 7:03 pm

CALL TO ORDER: Council President Zalom, presiding.

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

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

READING OF THE OPEN PUBLIC MEETINGS ACT: 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 11, 2008 . Notice was also posted on the Municipal bulletin board.

MOMENT OF SILENCE: For the Mayor who we hope is feeling better and for our troops overseas. Also, for Andrew Doles a resident of Bryn Mawr Avenue who passed away at a very young age from a brain tumor.

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

MAYOR’S WELCOMING STATEMENT: Council President wished Mayor LaCicero well and hoped to see him at the next meeting which is scheduled for St. Patrick’s Day.

PRESENTATION: Council President Zalom presented the plaques and awards received from the Ocean County Joint Insurance Fund to Ted Golubowski. Pictures were taken with him, Council President Zalom and Councilwoman Wenzel. Council President Zalom reported that the Borough has received $800.00 worth of vouchers towards the Borough’s insurance premiums for these awards.

Councilwoman Wenzel stated that Mr. Golubowski was also recently received his certification as Public Works Supervisor and is the first to hold that position. He went through all the schooling he needed and was at the top of his class.

Council President Zalom read the awards.

Certification of Achievement – Presented by Ocean County Municipal Joint Insurance Fund (For reducing the number of accidents in 2007 by 15% or more over the average for fund years 2004, 2005, 2006)

Recognition of Outstanding Performance By the Employees of the Borough of Lavallette – Presented by the Ocean County Municipal Joint Insurance Fund – Best Overall Performance – Third Place – 2007

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

Council President Zalom opened the public comment portion of the meeting.

There was no public comment.

Council President Zalom closed the public comment portion of the meeting.

APPROVAL OF CLERK’S MINUTES:

Regular Meeting Minutes of February 19, 2008

Executive Session Minutes of February 19, 2008

Administration Budget Meeting of February 20, 2008

Bid Opening Minutes (Tennis Court Project) of February 27, 2008

A Motion was made by Councilman Lamb to approve all of the Minutes. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Stogdill, Filippone and Lamb voted Yes. Councilwoman Wenzel Abstained. The Motion passed.

REPORTS:

a) Police Overtime Report for February-Councilwoman Filippone explained she did not have the Police Report to read for tonight. Council President Zalom will be reading the report at the March 17^th meeting because she will be on vacation.

b) Public Works Report for February-Councilwoman Wenzel-read from report

c) Public Affairs Report-Council President Zalom stated they had a wonderful ski trip on March 1, 2008 . There were 44 people in attendance including entire families. Don’t forget to pick up the activity schedules at Borough Hall, they are good until June 21^st. The pork dinner is April 5^th at the Firehouse. The Walking Group that Pat Gilman started, has taken off and they even had there picture in the Ocean Star.

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

e) Animal Control Report for February-Councilwoman Filippone-read from report

f) Planning Board Report for February-Councilwoman Filippone stated that there were three cases on the agenda for the meeting of February 27. Two of cases she could not sit on since there were D variances. Two cases were carried over until next meeting. There was a court case in reference to a planning board case in which the Superior Court overturned the decision of the Planning Board. This was the movie theater application on Route 35 North. The Planning Board is also going to have Gordon Gemma, who is a Professional Planner, speak at the next Planning Board workshop meeting, which will be held on April 23^rd. The Planning Board is looking for guidance as to how to address certain changes in the Code. One being the Ordinance with the 1500 feet between liquor establishments and the other being the two commercial uses on one 50 x 100 lot. Hopefully, he can give us some good advice and information.

g) Zoning Report for February-Councilwoman Filippone-read from report. Also, starting March 4^th, property owners will be issued advisory notices for leaving signs on their property.

h) Water/Sewer Infiltration 4^TH Quarter Report-Councilman Ardito stated that this report is officially an unofficial report. It is done by Roger Martin, who is a resident of West Point Island every quarter. He stated that the sewerage is the lowest it’s been since 1996. He stated that wind turbines are being done by large manufacturers such as John Deere. There is a new solar panel called concave. It reflects solar light by 150%. Good things are coming sooner than later. He also stated that he and Roger Martin had a meeting with Schultes. They were told that the cost of a new well could exceed $1, 000,000 and could take about a year to complete. He also attended a hearing regarding the re-licensing of the Oyster Creek Nuclear Plant. The protestors are against renewing the license because the Plant is prone to terrorists, there are inadequate safe routes, the age and design is antiquated and there is no place to store the radioactive materials. He also toured the Ocean County Recycling Center . He reported that the facility is really state-of-the-art. Councilman Ardito also questioned the tennis court lights and why they are not turned off when not in use. He stated he has received a lot of phone calls on this. Mr. Parlow stated that he has spoke to the Mayor about this and we are going to see if Public Works can install a use switch so you can only turn them on when they are needed. Councilman Lamb stated he believed they went off around 8:50 pm. every night. Councilwoman Wenzel congratulated our master composters Councilman Ardito, James McDivitt, Mary Franzoso, Mike Visco and Gary Schlosser.

i) Tax Account Status Report for February-Tax Collector

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

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

Council President Zalom opened the public comment portion of the meeting for consent agenda / off consent agenda and vouchers.

There was no public comment.

Council President Zalom closed the public comment portion of the meeting.

RESOLUTIONS – ON CONSENT:

2008-86 approving the annual certifications submitted to the borough by emergency service organizations of all volunteer members who have qualified for credit under the LOSAP program for the previous year-Council President Zalom announced how proud she was that we are part of this program. These volunteers deserve something for their support.

2008-87 authorizing the treasurer to refund the credit balance in the amount of $2,882.16 to Frank D’Amelio, Block 6 Lot 4 due to a duplicate tax payment

2008-88 opposing Governor Corzine’s current plan to significantly increase tolls on the Garden State Parkway , New Jersey Turnpike and the Atlantic City Expressway-Council President Zalom stated that she spoke to Governor Corzine at a breakfast he had back in January and advised him of how unhappy we all are. I will be seeing him again at the Conference of Women and will advise him again of this being a disaster.

2008-89 approving the application to hold a 50/50 On Premise Raffle on May 18, 2008 to the Rotary Club of Seaside to be held at 1404 Grand Central Avenue, Lavallette, NJ 08735 and a 50/50 On Premise Raffle on September 6, 2008 to be held at the Heritage Festival.

2008-90 approving the application to hold a 50/50 Off Premise Raffle to the Church of St. Bonaventure to be held on August 31, 2008