2008 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/