July through December 2008
Click on meeting date to drop down to the minutes.
BOROUGH OF LAVALLETTE (minutes)
REGULAR MEETING OF THE MAYOR AND COUNCIL
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 Joan Martinez and Don
Dickson, two long time residents who passed away this past week.
PLEDGE OF ALLEGIANCE:
Councilman Ardito led us in the Salute to the Flag
PRESENTATION:
Mayor LaCicero presented a volunteer award to Clem Boyers from the Southern New Jersey Council on Issues of Aging.
Council President Zalom presented him a gift from Clean Ocean Action for volunteerism.
MAYOR’S WELCOMING STATEMENT: At this time, Mayor LaCicero thanked the people in the audience for attending the last meeting of 2008. He stated this would be Councilman Ardito’s last attendance at a meeting as Councilman and thanked him for his service.
COMMENTS FROM PUBLIC: (Items
not listed on agenda/not staying for remainder of meeting):
Mayor LaCicero opened the floor for comments from the public.
APPROVAL OF MINUTES
Minutes of Caucus/Regular Meeting of
Minutes of Executive Session Meeting of
Minutes of the Bid Opening for Borough Attorney of
Minutes of the Bid Opening for Borough Auditor of
Minutes of the Bid Opening for Municipal Prosecutor of
A Motion was made by Councilwoman Wenzel to approve the Minutes. The Motion was Seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Council President Zalom stated that the Borough received only two proposals for Borough Attorney. She stated that she has no problem with Mr. George; however; she thinks the reason not many local attorneys submit proposals is due to the strict Pay To Play Ordinance the Borough has in place. She stated that the Borough may need to look into revamping it for next year.
Councilwoman Ardito stated that this is a testimony that the ordinance is working.
Councilwoman Wenzel stated that she finds that the bid process has been very rewarding for the Borough of Lavallette. She feels it is in the best interest for our taxpayer’s money.
Councilwoman Filippone stated that she thinks that Council President Zalom is referring to the part of the Borough’s pay to play ordinance that restricts contributions made at the County level. Most local attorneys contribute to both the Democratic and Republican parties. She feels that voters in any community want to see some integrity from our professionals so I think right now we are doing fine.
REPORTS
a) Bond Sale Report of
A Motion was made by Councilwoman Wenzel to approve the Bond Sale Report. The Motion was seconded by Councilwoman Filippone. 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:
2008-313 authorizing Mayor LaCicero to sign and execute policy endorsements for the Bollinger Insurance Employee Prescription Plans, The Fort Dearborn Life Insurance, Sun Life Financial Short Term Disability Plan and the Horizon Dental Plan for the Year 2009
2008-314
designating The Press of
2008-315 authorizing the transfers between Budget Appropriation Accounts-Mr. Parlow
stated that there was a revised resolution on the dais, but that resolution should be discarded and that the resolution that was in the packet is the resolution that will be voted on.
2008-316 authorizing the cancellation of unexpended balances in the Current Fund and crediting to surplus
2008-317
awarding a state contract for the purchase of a 2009 Ford Crown
2008-318
refunding a water/sewer overpayment to Mary Ann Stagg from
2008-319 authorizing the cancellation of unexpended balances in the Electric Operating Fund and crediting to surplus.
2008-320 authorizing the acceptance of the bids of MetroPCS Wireless, Inc. and Omnipoint Communications, Inc. for lease to place wireless communication antennas at the Lavallette Water Tower-Councilwoman Wenzel asked that this be put off consent for some discussion
2008-321
authorizing the issuance of a check in the amount of $3,914.17 to
Crusader Lien Services for the redemption of a tax lien on Block 7 Lot 26,
2008-322 authorizing the submission of the 2009 Barnegat Bay National Estuary Program Grant application in the amount of $7,500.00 by the Public Works Department and the Environmental Committee-Councilwoman Wenzel stated that she would like this pulled and put on for Reorganization because she is not quite ready with the application yet.
2008-323
opposing A-3490, which consolidates various municipalities into the
new municipalities of
A Motion was made by Councilwoman Wenzel to approve the Consent Agenda with the exception of Resolution 2008-320, 2008-317, 2008-322. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
At this time, Mayor LaCicero asked if anyone in the audience wished to comment on the Consent Agenda, the Off Consent Agenda or the Bills List.
Clem Boyers,
Mr. Parlow stated that there is a budget appropriation account for payments of bulk energy and within that account there are unused balances that would have to sit in a reserve for a year before being cancelled to surplus unless that balances are cancelled via resolution. The ratepayer will be able to get access to the surplus if they are cancelled.
Joe Palinsky,
Mayor LaCicero stated that the rate of increase was determined by the bids received.
Mr. Palinsky also stated that they will need access to Public Works twenty four (24) hours a day.
Mayor LaCicero stated that they will be able
to access their own equipment on a daily basis and that they would not have
direct access to the Borough Yard.
Councilwoman Wenzel stated she had some questions about this lease agreement. The lease states that none of their equipment will cause damage or deterioration to the premises. Her question was; how is this going to be established and who is going to inspect?
Mr. George stated that the proper way to inspect is when the equipment is installed.
Councilwoman Wenzel also stated that there is a provision in the lease that because it is on Borough property a a zoning permit will not be required.
Mr. George stated that that is correct.
Councilwoman Wenzel stated that the lease states that all documents will be reviewed for approval. Her question is who will be reviewing these documents for the Borough?
Mr. Parlow stated that there are certain UCC guidelines that need to be followed. Once all the documents are submitted, they will be forwarded to the Borough Engineer for his review.
Councilwoman Wenzel stated that she was happy to hear that. She went on to say that if they are going to need access to the borough yard facilities she would prefer that they be able to present the police department or our borough yard superintendent some form of identification. Councilwoman Wenzel stated that as far as giving copies of the borough yard and water tank structure reports and plans, she would hope that they will be given strict orders that these cannot be shared at all.
Mr. George stated that private companies like this one are well aware of that law.
Mr. George also stated that in the lease agreement we should be able to put some verbiage that any person involved with this agreement, such as sub contractors, officials, or contractors should provide identification in order to enter the borough yard facilities> This can be accomplished with a memo of this going to our police department and the provider.
Councilman Ardito stated that he was not happy with just the three percent annual increase. The increase should be ten percent. There is not going to be just two antennas there will be a total of fourteen antennas up there.
Council President Zalom stated that our neighboring towns have a number of antennas on their water towers.
Councilman Ardito stated that we should have gone further and put more there for more money.
Mayor LaCicero stated that the Borough only received those two bids.
RESOLUTIONS-OFF CONSENT:
2008-268
requesting that the Department of Transportation adopts the required
regulation establishing two-hour parking spaces on Route NJ 35 Northbound
Mr. Parlow stated that the Chairwoman of the Parking Committee has asked that this resolution be pulled and held over until the January 26th meeting because she was not able to attend tonight’s meeting.
A Motion was made by Councilwoman Filippone
carry this resolution until the meeting of
2008-317
Awarding a state contract for the purchase of a 2009 Ford
Crown
Councilman Ardito questioned what department this vehicle was for.
Mr. Parlow stated that it was for the purchase of a police car.
A Motion was made by Councilwoman Wenzel to approve Resolution 2008-317. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
2008-320 authorizing the acceptance of bids from MetroPCS Wireless, Inc. and
OmniPoint Communications, Inc. for lease to place wireless communication
antennas at the Lavallette Water Tower
A Motion was made by Councilman Stogdill to approve Resolution 2008-320. The Motion was Seconded by Councilman Filippone. Vote: Council Members Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. Councilman Ardito voted No. The Motion passed.
APPROVAL OF VOUCHERS:
2008-324 Bills List in the amount of $407,951.20
A Motion was made by Councilwoman Filippone to
approve the Bills List.
The Motion was Seconded by Councilman Stogdill.
Vote: Council Members
Ardito, Wenzel, Zalom, Filippone, and Lamb voted Yes.
Councilman Stogdill abstained on
ORDINANCES ON FOR
FINAL ADOPTION/SECOND
Ordinance No. 2008-25 (1053) 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 ENTITLED “HANDICAPPED PARKING SPACES DESIGNATED.”
A Motion to adopt Ordinance No. 2008-25 (1053) was made by Councilwoman Filippone. The Motion was seconded by Councilwoman Wenzel. The Mayor opened the Public Hearing on Ordinance No. 2008-25 (1053). There was no public comment. The Mayor closed the Public Hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone, Lamb voted Yes. The Motion passed.
UNFINISHED BUSINESS:
Council
President Zalom stated that some residents were not happy with the decision
not to purchase the bus. They
feel that the town needs a bus.
Now, we have the information from Coast Cities on a better bus for $15,000.
She was also told that there is an organization in town that wants to
put some money towards a bus if we decide to purchase it.
Hopefully, we can put it in the budget for next year.
She thanked the Council.
NEW BUSINESS:
Mr. Parlow stated that we received another residential parking
application for
A Motion was made by Councilwoman Zalom to approve the application with the waiver. The Motion was Seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Council President Zalom spoke about the town being able to receive around
$60,000 from CDBG this year.
The Borough needs to have two public hearings for discussion and the
application must be processed before
She was thinking maybe a walkway on
Councilwoman Wenzel stated that all the ones that have been done before have been washed away with our storms. She was not in favor of them. She suggested that the Engineer provide some designs for us.
Councilman Lamb stated that he just does not think it is the right time for this.
Council President Zalom suggested we discuss it further in Executive Session in conjunction with the IP projects needed.
Councilwoman Filippone stated that other towns might have them but they do not have a boardwalk like we do. She asked if there were any cost estimates.
Council President Zalom responded that the cost will be funded through a CDBG.
Mr. George suggested we discuss the matter in Executive Session.
COMMENTS FROM THE PUBLIC:
Bob Marra, 102 President Avenue thanked Mr. Parlow and Mayor and Council for the approval of his parking space. He questioned what the next step was going to be?
Mr. Parlow stated that the template has already been created by the Chief of Police for the signs. The parking stickers for the vehicles have already been ordered. The resolution needs to be approved then the space will be painted and the sign will be installed.
Clem Boyers,
Councilwoman Filippone stated that the Planning Board members do not get paid to sit up there. She thought the Planner did a good job on giving some insight to the two issues we had asked him about. Mr. Scangarello did what he was supposed to do which was to provide some suggestions and try to guide us in the right direction. His written report will not be finished until the middle of January. She did not believe it was a waste of tax payers dollars.
COMMENTS OF THE MAYOR AND COUNCIL
MEMBERS:
Councilman Ardito stated that he also was both sides of the issues were unhappy with what was reported by the Planner.
Councilwoman Wenzel wished everyone a Merry Christmas and Happy New Year. She went on to say that she thought it was a very progressive year and she will miss Councilman Ardito very much. She stated that we are all here to serve our residents no matter what party we are affiliated with and she feels that all of this Council has worked very well together.
Councilman Stogdill wished everyone a safe and healthy season. He wished Councilman Ardito the best and advised him to stay active in the community.
Councilman Lamb wished everyone Merry Christmas. He thanked Councilman Ardito for his time and effort serving as a Councilperson. He also advised him to stay active in the community.
Councilwoman Filippone stated that she received two letters praising two officers. The reason she was mentioning it, was to establish how important it was to have our own police department. She wished Councilman Ardito well and wished everyone a Merry Christmas.
Council President Zalom thanked Tony Gallo for advising us of the discount on EZ Pass for senior citizens. She stated that she was very pleased to see such togetherness from both the Democrats and the Republicans at the Christmas Party. She wished Councilman Ardito the best and stated she was sad to see him leave. She also stated that she was looking forward to working with Lee Horan in the future.
Mayor LaCicero thanked Peter’s Florist for their donation of the poinsettias that decorated the Council chambers. He thanked Councilman Ardito and stated that if he would like to be on any committees to let him know. He stated he thought we had a lot of accomplishments this year and is looking forward to a new year. He reported that the reorganization meeting is scheduled for January 5th.
EXECUTIVE SESSION:
Councilman Lamb made a Motion to adjourn the meeting to go into Executive
Session. The Motion was seconded
by Councilwoman Wenzel. All were in
favor. The meeting was adjourned to Executive Session at
Mr. George stated that we will be discussing contract and personnel negotiations, status of IP Permit and pending and threatening litigation.
A Motion was made to reconvene the meeting by Councilwoman Wenzel.
The Motion was seconded by Councilwoman Filippone. All were in favor. The
motion passed. The meeting reconvened at
Mr. George stated that there was discussion on contract negotiations with non contractual employees, union contract discussion, pending litigation, tax appeal litigation resolved, DEP discussion, procedures involved in DOP process, non contractual stipends and updates on personnel matters all with no action taken.
ADJOURNMENT:
A Motion was made to adjourn the meeting by Councilwoman Wenzel.
The Motion was made by Councilwoman Filippone. All were favor. The meeting
was adjourned at
CERTIFICATION
I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette,
_____________________________
Christopher F. Parlow
Municipal Clerk
BOROUGH OF LAVALLETTE (minutes)
CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL
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 longtime resident
Joe LaCava who passed away last week.
PLEDGE OF ALLEGIANCE:
Councilman Lamb led the Salute to the Flag
MAYOR’S WELCOMING STATEMENT:
At this time, Mayor LaCicero asked if anyone wished to speak could do so
now. No one wished to speak at
this time.
COMMENTS FROM PUBLIC (Items not
listed on agenda / not staying for remainder of meeting)
Mayor LaCicero spoke about an article in the
Asbury Park Press which was about an Assemblyman from
Mr. Parlow stated that he will draft a resolution opposing this piece of legislation for the next meeting.
APPROVAL OF CLERK’S MINUTES
Caucus/Regular Minutes of
Executive Session Minutes of
A Motion was made by Councilwoman Wenzel to adopt the Minutes.
The Motion was seconded by Councilman Stogdill.
Vote:
Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb
voted Yes. The Motion passed.
REPORTS:
a) Police Overtime Report for November-Councilwoman Filippone-read report
b) Public Works Report for November-Councilwoman Wenzel-read report
c) Public Affairs Report-Council President Zalom-The tree lighting ceremony was on December
5th and it was wonderful. There were 150 people that attended. The Oyster Supper was
December 6th and there was a big
turnout. She asked that everyone
not forget about the Senior Lunch and a Movie this Sunday December 14th.
This will be the last one for the year.
We will only be having one ski trip again this year.
It will be on January 26th and we will be going to
d) Municipal Court Report for November-Councilwoman Filippone –read report
e) Animal Control Report for November-Councilwoman Filippone-read report
f)
Planning Board Report for November-Mr. Parlow reported that the
meeting was held on
g) Zoning Report for November-Councilwoman Filippone-read report
h) Construction Office Report for November-Councilwoman Filippone-read report
i) Water and Sewer Infiltration Report for Third Quarter 2008-Councilman Ardito-read report
j) Tax Account Status Report for November-Tax Collector
k) Revenue Transaction Report for October-CFO
l) Tax
A Motion was made by Council President Zalom to approve the Reports. 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:
2008-300 authorizing the redemption of a tax lien in the amount of $4,664.92 to D or L Rollo
2008-301 in support of S-1908 and A-2731 to expedite traffic sign approvals
2008-302 in support of S-87 and A-303 to reduce the number of state employees
2008-303 in support of the veteran rental assistance initiative
2008-305 authorizing the adoption of a new Cash Management Plan-Mr. Parlow stated that this was an audit comment. The Auditor suggested updating our plan and putting some additional verbiage in it.
2008-306 authorizing the transfers between budget appropriations accounts-Mr. Parlow stated this transfer is to appropriate funds for the placement of the bulkhead.
2008-307
authorizing the execution of an interlocal service agreement between
the
2008-308 authorizing the appointment of Christopher Reid, Esq. as Special Hearing Officer for the Borough of Lavallette
2008-309
awarding a contract for park and playground recreation equipment for
the Lavallette bay beach play area to Marturano Recreation Company, Inc.-Mr.
Parlow stated that our insurance company did a inspection and deemed the
2008-310 support of MainStreet stimulus priorities-Councilwoman Wenzel stated that this is for the local governments to collect some funds from the massive bail outs.
2008-311 authorizing the provisional appointment of Ray Huber as fire subcode official
At this time, Mayor LaCicero opened the floor to the public and asked them if they wished to comment on the consent agenda or the bills list. No one wished to speak. Mayor LaCicero closed the floor to the public.
Councilwoman Filippone asked to have Resolution 2008-304 moved to Off-consent.
A Motion was made by Councilwoman Wenzel to approve the Consent Agenda (with the exception of Resolution 2008-304). The Motion was Seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
RESOLUTIONS-OFF CONSENT:
2008-304 requesting support and adoption of legislation pertaining to adoptees’ access to a copy of their original birth certificate-Councilwoman Filippone asked that this be pulled and put off consent.
Councilwoman Filippone expressed deep opposition to this resolution. She doesn’t feel it is fair to the birth parents if they don’t want to be known. She stated that she is the parent of an adopted child and it would not be fair if the law passed and the birth parents didn’t want the child to know them and why they had to give them up.
A Motion was made by Councilwoman Wenzel to
approve Resolution No. 2008-304.
The Motion was seconded by Council President Zalom.
Vote: Council Members
Wenzel and Zalom voted Yes.
Council Members Ardito, Stogdill, Filippone and Lamb voted No.
The Motion failed.
APPROVAL OF VOUCHERS:
2008-312 Bills List in the amount of $573,935.01
A Motion to Approve the Bills List was made by Councilwoman Filippone. The Motion was Seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, and Filippone voted Yes. Councilman Lamb Abstained on Purchase Order 08-1009 and voted Yes to all others. Councilman Stogdill Abstained on Purchase Order 08-1060 and voted Yes to all others. The Motion Passes
ORDINANCES ON FOR INTRODUCTION/FIRST READING
ORDINANCE NO. 2008-25(1053) 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 ENTITLED “HANDICAPPED PARKING SPACES DESIGNATED”.
Mayor LaCicero asked Mr. Parlow to provide a brief summary of intended purpose of the Ordinance.
Mr. Parlow
stated that this Ordinance is in reference to a Planning Board application
for a property located on the Oceanfront of Philadelphia Avenue. The
applicant needed a CAFRA permit to construct a residential home on a vacant
piece of property. The Planning Board approved the applicant but CAFRA
imposed a condition on the applicant that the Borough would need to be able
to maintain the two handicap parking spaces located at the top of
A Motion was made by Councilman Lamb to Introduce Ordinance 2008-25(1053). The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Public Hearing
and Final Adoption Scheduled for
FINAL ADOPTION/SECOND READING OF ORDINANCES:
ORDINANCE NO. 2008-22(1050) - ORDINANCE OF THE BOROUGH OF LAVALLETTE,
COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 90
OF THE BOROUGH CODE, ENTITLED “ZONING” SO AS TO CHANGE ARTICLE V, RESIDENCE
DISTRICT A TO AMEND 90-24.F AND TO CHANGE ARTICLE VII, RESIDENCE DISTRICT C
TO AMEND 90-44.F
A Motion was made by Councilwoman Filippone to adopt Ordinance No. 2008-22 (1050) was made by Councilwoman Filippone. The Motion was seconded by Council President Zalom. The Mayor opened the Public Hearing. There was not public comment. The Mayor closed the Public Hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. Ordinance 2008-22 (1050) passed.
COMMUNICATIONS:
Legal:
a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water
& Sewer Utility/Rescheduled Mediation Dates Available/Received
b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Appeal of Civil Administrative
Penalty/State Report to DEP Attorney/Received
c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water
& Sewer Utility/Mediation Dates Not Available/Received
d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Utility Easements for Properties on
Former Ocean Avenue/Received
e) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/James Cavanaugh v. Borough of
Lavallette/Received
f) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Appeal of Civil Administrative
Penalty Assessment/ADA Compliance Issues/Received
Engineering:
a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Miscellaneous Service Lateral
Repairs/Project Completion/Received
a)
Volunteers Needed for Community Emergency Response Teams/Received
b)
A-2243/Time Limits on Mediation and Fact Finding/Received
c) Governor’s Conference on Workforce and Economic Development/Received November 25,
2008
d)
Pension Payment Deferral Details/Received
e)
Appellate Division Strikes Down DEP Rules/Received
f)
COAH Update, Affordable Housing/Received
g)
NJLM’s 2009 State Legislative Priorities/Received
h)
Awards Program/Received
i)
Regulations for the Review Zone of the
j)
New Jersey Municipalities/Received
k) Draft Flood Hazard Area Technical Manual Released with 30-Day Invitation for
Comments/Received
l)
League Executive Board Adopts Resolution Supporting MAINSTREET
Economic Stimulus Priorities/Received
m)
Important New Information from the Division of Local Government
Services/Received
General With No Action
a)
Association of
Planning Grants for NJ Municipalities and Counties/Received November 14, 2008-Council President Zalom stated that the Environmental Committee is very interested in this grant and her and Councilwoman Wenzel will be looking into it.
b) County of Ocean/John A. Haas, District Recycling Coordinator/Municipal Certified Recycling
Coordinator/Received November 14, 2008-Councilwoman Wenzel stated that the Public Works Department already has a certified Recycling Coordinator who is Robert Van Dorpe so we are already ahead of the game.
c)
State of New Jersey/Kris Kolluri, Commissioner/Funding from
the
Transportation’s Fiscal Year 2009 Municipal Aid Program for Bond Avenue Road
Improvements in the amount of $155,000/Received
d)
Estimate of 2009 Annual Charge/Received
OCUA has provided the 2009 estimate which is based on 165 million gallons of flow.
e)
f) State of New Jersey/Department of Labor and Workforce Development/Re-inspection of
g)
E. Allen MacDuffie,
Jr/Bus-1995 Ford E350/Received
questioned what was going on with the bus. Mr. George stated that he will be preparing a
statement to Mr. MacDuffie. Councilman Lamb stated that he wished to speak about this in
Executive Session.
h) Taylor, Wiseman & Taylor/Karen Gruppuso, Senior Environmental Planner/Cafra IP/Ocean
Dune Maintenance Activities/Received November 24, 2008-Mr. Parlow asked that this be
discussed in Executive Session.
i) State of New Jersey/Council on Affordable Housing/Lucy Vandenberg, Executive
Director/approaching deadline for submitting affordable housing plans/Received November
24, 2008
j) State of New Jersey/Department of Environmental Protection/Linda Z. Jordan, Outreach
Coordinator/January is Radon Action Month/Received
k) Cablevision/Cathy Baker, Assistant for Government Affairs/Tariffs/Received December 1,
2008
l) State of New Jersey/Department of Public Advocate/Ronald K. Chen, Public Advocate/IMO
Subsidiaries of Cablevision System Corporation Petition For a Determination of Effective
Competition in 101 Communities in New Jersey-Application for Review/Received December
1, 2008
m) State of New Jersey/Department of Environmental Protection/Kara Turner, Bureau of Coastal
Regulation/Received
n) New Jersey American Water/Jason D. Gonzalez, Government Affairs/change in Vice
President/Received
o)
State of
Avenue Road Improvements will not be provided/Received
p) Superior Court of New Jersey/Eric R. Muniz, Municipal Division Manager/2008-09 Annual
Visitation of Lavallette Municipal Court/Received
q) State of New Jersey/Department of Environmental Protection/Guy Watson, Chief/Thirty Desk
Audit for 2007 Recycling Tonnage Reporting Year/Received
r) Minutes of the October 1, 2008 Environmental Committee/Councilwoman Britta
Wenzel/Received
s)
Minutes of the
Wenzel/Received
General With Action:
a) Christopher Cook and Cynthia Cochran/135 Cambridge Avenue, Jersey City, NJ/requesting to
get married on the beach at
b) Regular Republican Club of Lavallette/Rosangela Zaccaria, President/requesting the use of
Council Chambers for their 2009 meetings as scheduled/Received
LaCicero stated as long as there were no conflicts with the Council Room dates this was not a
problem
c) NJBIA/Philip Kirschner, President/2009 New Good Neighbor Awards Entry Form/Received
think the town needed to be involved with this.
d) Piave Corradi/1904 Ocean Front/requesting sand replacement to 1902 and 1906 Ocean Front
properties/Received December 4, 2008-Mr. Parlow stated that this needs to be discussed in
Executive Session
e) Lavallette Soccer Camp 2009/Tony Meola/requesting use of the Lavallette field the weeks of
August 3rd through the 7th and August 10th
through the 14th/Received
LaCicero stated that he didn’t think it would be a problem to accommodate those dates. Councilwoman Wenzel stated that usually before the season starts for baseball and soccer
Councilman Stogdill and Mr. Parlow sit down with both the leagues and they discuss the field
time.
f) Lavallette Democratic Club/Sara Ardito, President/requesting use of the Council Chambers for
its monthly meetings/Received
problem as long as there are no conflicts with the dates.
UNFINISHED BUSINESS:
Council President Zalom stated that she received a call from Joe Yewaisis
from
She also stated that John from Coast Cities brought the bus down for the mechanic to inspect. She said that the seats are very worn but the bus seems to be running okay. The bus would strictly be used for local events it can not be taken out of state or very far.
Councilman Lamb requested that this matter be discussed in Executive Session because he is not comfortable with purchasing a new bus before matter regarding the bus the Borough lease from Mr. MacDuffie is resolved.
Councilwoman Wenzel questioned the ice cream vendors and the fees. She thinks Council needs to look into increasing the fees.
Councilman Ardito stated that some business owners were complaining they were not obeying the laws.
Councilwoman Filippone suggested that Mr. Parlow speak to neighboring towns on what they charge. She also thinks the construction fees need to be increased also.
Council President Zalom stated that they are only allowed to sell in places of resort.
Councilman Ardito questioned Mr. Parlow on how the energy audit is going.
Mr. Parlow stated that five companies were pre qualified to do this and only two bids were received varying in price. One was $30,000 and the other was $125,000. He has consulted with the firm that is overseeing the program on behalf of the State and due some irregularities with the proposals it was agreed that new proposals should be requested. Lavallette will only be responsible for 25% of the fee with the State matching the additional 75%.
Mr. Parlow stated that each ice cream vendor is charged $1,000.00 and
there are no provisions in our code book as to where they can sell the ice
cream. The only provision we
state is that they cannot park in handicap spots and at a yellow curb.
They are allowed to sell from their vehicles from
Council President Zalom stated that she attended the CDBG meeting at the County and we are hopefully going to be receiving $60,000 for 2009. They are going to be holding two hearings in January and February so she will be meeting with her committee to put together some ideas. They are only giving handicap grants this year so whatever we do has to accommodate the handicapped.
Council President Zalom stated that she would like to know what the outcome is with the two hour parking situation.
Mr. Parlow stated that he was contacted by the State. If they approve the regulation there will be not permit fee associated with the sign placement. The Borough will have to assume the cost of the signs and installation.
Council President Zalom stated that she would like to get this going. The Parking Committee already decided that no one should be charged for requesting a sign.
Mayor LaCicero asked that an Ordinance or Resolution be put on for the next meeting.
Mr. Parlow stated that it can be done by Resolution unless the Council wishes to assess the fee. If so an ordinance will need to be prepared.
Council President Zalom stated that Mr. Parlow checked with surrounding towns and no other town requests a fee from their business owners.
Mayor LaCicero requested that the resolution be placed on the December 22nd agenda.
NEW BUSINESS:
Councilwoman Wenzel stated that she would like to see discounted badge for veterans like we do for seniors. This is something we should really look into.
She also thinks that the town should give a Halloween curfew to registered sex offenders and also make them put a “No Candy” sign during Halloween. The Borough needs to protect our children and these are some ways of doing that.
Mr. George stated that he was not sure if we could order someone to put a “No Candy” sign no matter
Councilwoman Wenzel stated that the Environmental Committee has had three meetings for this year. They have a full calendar of meeting dates for the new year. Once a month the committee will be having guest speakers to speak at the library. The committee is in the process of applying for a $7,500 grant for native plantings at the Bayfront. The application will be on for approval at the next meeting. The committee would also like to create a guide similar to the “The Blue Pages-LBI” that gives some insight to our town and the environment.
Mr. Parlow stated that we have received our first residential parking
permit application from Virginia Schwanda at
Councilwoman Wenzel questioned if we ran the signs and decals by the Chief and the Prosecutor to make sure they were okay.
Mr. Parlow stated that the decals and signs have already been taken care of.
Mayor LaCicero stated that he is not happy with the survey that was attached. It is over ten years old. He did not have a problem with as long as the homeowner signs an affidavit of waiver stating that there has been no work done since 1988.
COMMENTS FROM THE PUBLIC:
Tony Gallo,
Mayor LaCicero stated that maybe we should look into taxing on improvements within a certain time period.
Mr. Gallo questioned how long they can build and do improvements for?
Mayor LaCicero stated that there is no time period as long as the work is continuous. Maybe we should look into tightening up the Ordinance.
July Farfalla, 15 Bond Avenue questioned how the police are going to be able to tell if someone has over parked for the two hour time period on the highway, especially in the summer?
Mr. Parlow stated that Chief Grant is on the Parking Committee and he states that it will have to be the business owners who are monitoring the spaces and contacting the Police Department.
Mayor LaCicero stated that he thinks the Chief is well aware of the situation and has a plan in place.
Councilwoman Wenzel stated that we are just moving around the same amount
of cars, the problem is we are pushing them into the residential
neighborhoods.
COMMENTS OF THE MAYOR AND COUNCIL
MEMBERS:
Councilman Stogdill stated that we received a map of our town from the
Census Bureau depicting all of the Borough streets and boundaries.
Mr. Parlow will make sure everything on the map is correct and get it back
to them by March 1st.
Councilwoman Wenzel questioned whether the Borough is going to meet the deadline of December 31st for our COAH obligations?
Mr. George asked that we discuss that in Executive Session.
Mayor LaCicero stated that on the dais for the Council Members are proposed meeting dates for 2009 and the Rules of Order. He asked Council to review them and get back to him with any changes.
EXECUTIVE SESSION:
Mr. George stated that the Mayor and Council need to going into executive session to discuss potential litigation involving COAH, litigation involving the bus lease, litigation involving the DEP and the IP, litigation involving Mr. Gallo, litigation involving the Cavanaugh matter, personnel matters relating to PW and a police investigation with no action being taken afterward.
A Motion was made by Council President Zalom to adjourn the meeting and
go into Executive Session.
The Motion was seconded by Councilman Lamb.
All voted Yes. The Motion passed. The meeting was adjourned at
A Motion was made to reconvene the meeting by Councilman Stogdill.
The Motion was seconded by Councilwoman Wenzel.
All voted Yes. The Motion passed. The meeting was reconvened at
Mr. George stated that there were some ramifications with COAH discussed. There were discussions about the present bus and the acquisition of another bus. The IP was discussed in reference to the need for a project list. We discussed the resolving of the Gallo Litigation and spoke about the Cavanaugh tax appeal and the replenishment of sand on a property in town. We also discussed a police investigation and personnel matters with no action being taken.
ADJOURNMENT:
A Motion was made by Councilwoman Wenzel to adjourn the meeting.
The Motion was seconded by Councilman Stogdill.
All voted Yes. The meeting was adjourned at
CERTIFICATION
I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette,
_____________________________
Christopher F. Parlow
Municipal Clerk
BOROUGH OF LAVALLETTE (MINUTES)
CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL
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 Ann Zylinski, a long time
resident of Lavallette who passed away recently.
PLEDGE OF ALLEGIANCE:
Councilwoman Filippone led us in the Salute to the Flag.
MAYOR’S WELCOMING STATEMENT: At this time, the Mayor asked the audience if anyone wished to speak about anything that was not on the agenda they could do so now.
Bob Marra,
Mr. George stated that the reason for the request of the survey is to make sure that these properties never have driveways or curb cuts.
Mayor LaCicero told Mr. Marra to call him at his office tomorrow and he will help him with the waiver.
COMMENTS FROM PUBLIC (Items not
listed on agenda / not staying for remainder of meeting)
APPROVAL OF CLERK’S MINUTES
Regular Minutes of
Executive Session Minutes of
Bid Opening Minutes Wireless Communication Antennas of
A Motion was made by Council President Zalom to approve the Minutes. The Motion was seconded by Councilwoman Filippone. Council Members Ardito Zalom, Filippone and Lamb voted Yes. Council Members Wenzel and Stogdill Abstained from the Minutes of October 20th and voted Yes on the other. The Motion passed.
REPORTS:
a) Police Overtime Report for October-Councilwoman Filippone-read report-Councilman Lamb questioned if anyone has ever looked into closed circuit television from the jail instead of transporting prisoners from the jail to court. Councilwoman Filippone stated that she will ask the Court Administrator about that.
b) Public Works Report for October-Councilwoman Wenzel-read report
c)
Public Affairs Report-Council President Zalom-The Halloween Harvest
Hoedown was a big hit. She also
reported that the Dune Grass Planting went well.
The winter schedules are available at Borough Hall.
The Senior Lunch and a Movie will be at the Music Man on December 6th
and the last one for the year will be on December 14th.
The Ladies Auxiliary of the Fire Department is selling wreaths from
d) Municipal Court Report for October-Councilwoman Filippone-read report
e) Animal Control Report for October-Councilwoman Filippone-read report
f) Planning Board Report for October-Councilwoman Filippone-The last two meetings were cancelled. The new date for the Planner is December 10th if anyone would like to attend.
g) Zoning Report for October-Councilwoman Filippone-read report
h) Construction Report for October-Councilwoman Filippone-read report
i) Tax Account Status Report for October-Tax Collector
j) Revenue Transaction Report for September-CFO
A Motion to Approve Reports was made by Councilwoman Wenzel. The Motion was seconded by Councilman Stogdill. 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:
2008-282 authorizing the electric collector to make an adjustment on an electric account
2008-283 requesting the Director of Division of Local Government Services to approve the insertion of an item of revenue in the budget year 2008 (Over the Limit Under Arrest 2008 Year End Crackdown)
2008-284
authorizing the appointment of temporary seasonal workers for the
Department of Public Works through
2008-285 opposing State Senate Bill 2203, State Assembly Bill 1454 and State Senate Concurrent Resolution 88, proposing a water tax on Borough ratepayers.
2008-286 accepting the donation of a 2004 vantage truck from the Mantoloking Police Department for the Lavallette Police Department
2008-287 supporting the Over The Limit Under Arrest 2008 Year End Crackdown
2008-288 urging the approval of a memorandum of agreement between the Pinelands Commission and the Turnpike Authority for the widening of the garden state parkway from Interchange 30 to Interchange 80
2008-289 opposing new state-mandated COAH housing
2008-290 approving application of Frederic A. Lord as a probationary member of the Lavallette Volunteer Fire Company #1
2008-291 approving application of Nicholas R. Franzoso as a probationary member of the Lavallette Volunteer Fire Company #1
2008-292 authorizing the purchase of Ocean County Surplus Vehicles
2008-293 authorizing the Municipal Clerk to advertise and receive bids for the position of Borough Attorney for the 2009 Calendar Year
2008-294 authorizing the Municipal Clerk to advertise and receive bids for the position of Borough Auditor for the 2009 Calendar Year
2008-295 authorizing the Municipal Clerk to advertise and receive bids for the position of Municipal Prosecutor for the 2009 Calendar Year
2008-296 approving the submission of an Application for participation in the Local Government Energy Audit Program of the New Jersey Board of Public Utilities
2008-297 authorizing transfers between budget appropriation accounts during this five month period
2008-298 authorizing the hiring of Scott Madden as a part time dispatcher at an hourly rate of
$10.00
2008-298A authorizing the Mayor to sign the application for special permit for social affairs to
sell alcoholic beverages in conjunction with the their Lavallette Birthday/Christmas
Party to be held on
Open Public Comment (Resolutions / Vouchers)
Mayor LaCicero opened the floor up for any discussion on these Resolutions
Joe Palinsky,
are going to be used.
Mr. Parlow stated that the pickup truck will be used for the Construction Office and the van will be used at Public Works to replace the old Suburban used for the boardwalk workers and the Clean Communities kids in the summer.
Mr. Palinsky also questioned Resolution # 2009-282 on the property address for this adjustment.
Councilwoman Wenzel stated that the address was
Councilwoman Wenzel asked whether the specs for the proposals for Attorney, Auditor and Prosecutor were the same as last year or were there any changes?
Mr. Parlow stated that the specs are identical to last year with the exception of the specs for auditor, which included updated financial numbers and language regarding the reestablishment of the construction code department.
Councilwoman Wenzel asked whether the transfer of the $5,700 to recreation was for the purchase of the bus.
Council President Zalom stated that it was for the purchase of the bus.
Mr. Parlow stated that the bus from Coast Cities will be inspected by the Borough mechanic. He will have a resolution on for the December 8th meeting if the bus is in good condition.
Councilman Lamb asked what the Vantage truck for the Police Department was going to be used for.
Mr. Parlow stated that the Chief said it was going to be used for transporting traffic and safety equipment such as cones for checkpoints. The Borough will also see if it works on the Boardwalk for picking up garbage.
Mr. Parlow spoke about Resolution 2008-296. He explained to Mayor and Council about the Energy Audit program. This is an audit program for a company to perform an audit on our municipal facilities. There is a grant available that will pay 75% of the costs and if we qualify the State will pay the addition 25% match as well. Depending on the costs and the findings, he might recommend a contract be authorized at the next meeting.
A Motion was made by Councilwoman Wenzel to approve the Consent Agenda. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
APPROVAL OF VOUCHERS:
2008-299 Bills List in the amount of $1,228,365.31
A Motion was
made by Council President Zalom to approve the Bills List.
The Motion was seconded by Councilwoman Wenzel.
Vote: Council Members
Ardito, Wenzel, Zalom, Stogdill and Lamb voted Yes.
Councilwoman Filippone abstained from
COMMUNICATIONS:
Legal:
a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water
& Sewer Utility/Received October 8, 2008
b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/James Cavanaugh v. Borough of
Lavallette/Tax Appeal/Received
c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Application for a CAFRA Individual
Permit/Appeal of Civil Administrative Penalty Assessment/Received
d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water
and
Sewer Utility/Mediation Telephone Conference/Received
e) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Appeal of Civil Administrative
Penalty Assessment/Received
f)
Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Toscano
v. Borough of Lavallette/Received
g)
Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Appeal
of Civil Administrative Penalty Assessment/Received
h) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water
& Sewer Utility/Received October 30, 2008
i) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water
& Sewer Utility/Change in Mediation Conference Date/Received
j) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Cell Phone Water Tower
Bid/Received
Councilwoman Wenzel complimented Mr. George on doing a wonderful job.
Engineering:
a)
O’Donnell,
Review/Recommendation/Received
b) O’Donnell,
Award Recommendation/Received
c) O’Donnell,
NJDOT/Received
d) O’Donnell,
Preconstruction Conference/October 22, 2008/Received
e)
O’Donnell,
Preconstruction
Conference Minutes/Received
f)
O’Donnell,
g) O’Donnell, Stanton & Assoc./Michael O’Donnell/2009 NJDOT Municipal Aid
Program/Borough Resolutions/Received
h) O’Donnell, Stanton & Assoc./Michael O’Donnell/Cafra Individual Permit/Received
Mr. Parlow stated that because of the cold weather, the Kerr Avenue Road Improvements are most likely going to be held off until the spring. It’s difficult to pour concrete in the winter months.
a)
League Op-Ed on
Municipal Response to Financial Market Crisis/Received
b)
WWII Memorial
Dedication Invitation/Received
c)
COAH Challenge Update;
Motion for Stay/Received
d)
Important Conference
Sessions/Communications/Received
e)
2008 Ballot
Questions/Received
f)
Turnpike/Parkway Toll
Increases/Received
g)
Governor’s Economic
Recovery Initiative/Received
h) Updated on Interconnection of PEG Stations between Verizon and Incumbent
Providers/Received
i)
S-1303 & A-3062,
Inherently Beneficial Use/Received
j)
Federal Legislation
Requires Solid Waste Facilities along Railroad Tracks to
Local Requirements/Received
j)
League and
2008
k)
Important Conference Session/The New Neighbors/Received
l)
Mandates Relief for 89 Will Benefit 566/Received
m) Governor Unveils Energy Master Plan/Received October 23, 2008
n) Legislative Day Wrap-Up/A-559, Duties of Mayors/Delayed Property Tax Payment/A-2731 on
Governor’s Desk/Notification of Hospital Closure/Foreclosure Fraud Prevention/Received
o)
New Economic Development Incentives from EDA/Received
p)
BPU Releases Government Energy Audit Program Released/Received
q)
A-1645, Qualified Purchasing Agent Bill/Received
p) For Up-to-Date Information on Social Security’s Programs and Benefits/Received October 27,
2008
q)
Election Day Concerns/Received
r) Special Equipment Notice for PEG Access in Municipalities Served by Cablevision/Received
s)
Important News from the Division of Local Government
Services/Received
t)
Important Conference Sessions/Pay to Play and OPRA/Received
u)
Emergency Management Training Opportunities/Received
v)
Newly Elected Officials/Received
w)
Municipal
x)
Property Tax Relief: Act Now to
y)
Important Conference Session Safe Streets and Neighborhoods/Received
z)
Emergency CDBG Plan Amendment Process/Received
aa) Important New Information from the Division of Local Government Services/Received
bb)
Levy Cap Waiver Request to be Considered/Received
General With No Action
a) Save Barnegat Bay/Jennifer O’Reilly, Assoc. Executive Director/thanking Mayor and Council
for their advertisement contribution/Received
b)
c)
d)
e) Friends of Lavallette Beautification/Pat Marrone, President/Meetings of 2009 and their new change in officers for 2009/Received October 14, 2008-Council President Zalom stated that the Beautification Committee had their member luncheon at the Crab’s Claw and new members have joined.
f)
County of Ocean/Arthur P. Burns, Supt. of Recycling
Operations/September 2008 Recycling & Compost Reports/Received
g) United States Coast Guard/Waverly W. Gregory, Chief/Proposed Modification to the Regulations Governing the Operations of the Route 30 Bridge, At Intracoastal Waterway, Across Beach Thorofare at Atlantic City, NJ/Received October 14, 2008
h)
State of New Jersey/Department of Labor and Workforce
Development/James G. Revak, Assistant Chief/Inspection Site: Beach Patrol
Facility/Re-inspection done on
i)
John Logios/4 Sterling Avenue/letter opposing the fire
training drill to be performed on
j) New Jersey Libertarian Party/John Paff, Chairman/recommending the Borough review with our attorney the manner in which we comply with the Open Public Meetings Act/Received October 27, 2008-Mr. George stated that this Party took Toms River Township to court because they took to long in getting out their approved Executive Session minutes. The Borough of Lavallette does not have that problem because the minutes are approved at the next Council Meeting.
k)
l)
m)
State of New Jersey/Department of Community Affairs/Joseph Doria, DCA
Commissioner/Preparing for COAH/Received
n)
Gannett NJ/Thomas Donovan, President/transitioning to more
easy-to-read and environmentally- friendly size/Received
o)
Municipal Affordable Housing Obligations under COAH’s
to Rules/Received
p)
Sokol, Behot & Fiorenzo/Neil Yoskin, Esq/Joseph & Mary Chyb/Block 12,
Lot 4/Approval of Variances/Received
q) Ocean County Planning Board/Erika F. Stahl, Planner Trainee/2009 Ocean County Community
Development Block Grant Program Schedule/Received October 31, 2008-Council President Zalom stated that she will be attending this meeting on December 10th and then she will be meeting with her committee to discuss our options.
r) Cablevision/Cathy Baker, Assist for Government Affairs-NJ/Tarriffs For All Systems/Received
s)
State of New Jersey/Department of Environmental
Protection/Nancy
t)
u)
State of New Jersey/Department of Environmental
Protection/Enforcement and Assignment Element/Ronald T. Corcory, Assist.
Director/NJDEP Child Care Facility Approval Letter/Faith Lutheran Nursery
School/Received
v) Ocean County Department of Solid Waste Management/Mary E. Jerkowicz, Recycling Program Aide/Final Recycling Rates Report for 2007/Received November 10, 2008-Councilwoman Wenzel stated that the preliminary totals are in and the Borough’s recycling totals are up again this year.
w)
x)
County of Ocean/Arthur P. Burns, Supt. of Recycling/October
2008 Recycling and Compost Reports/Received
y)
Office of the
z)
Trust Fund Status Report-November 2008/Received November 10, 2008
aa) COAH/Affordable Housing Update/Received November 12, 2008
General With Action:
a) Save Barnegat Bay/Jennifer O’Reilly, Treasurer/requesting the date of June 27, 2008 to hold their 8K Running Race and Fitness Walk/Received October 8, 2008-Mayor LaCicero stated that verbal approval was already granted. He requested that official notification be made..
b)
Catholic Charities/Jean L. Metz, Service Director/requesting an
allowance of $720.00 be included in our 2009 budget for their
donation/Received
c) Jersey Shore Relay/NJ Special Olympics/Bob Both, Event Director/requesting participants to be allowed to run through our borough on April 18, 2009 between 8am and 10am/Received October 17, 2008-Mayor LaCicero / Council approved.
d) Board of Chosen Freeholders/John C. Bartlett, Jr., Freeholder/requesting a joint meeting of a working committee of beach Mayors and Councilpersons regarding oceanfront beach nourishment/Received October 26, 2008-Mayor LaCicero stated he would participate in the meeting.
e)
Barnegat Bay National Estuary Program/2009 Public Participation and
Education Minigrant Program/Received October 29, 2008-Councilwoman Wenzel
stated that the Environmental Committee would like to apply for this
Minigrant for native plantings by the tennis courts.
f) Borough of Seaside Park/Julie L. Horner-Keizer, Administrator/requesting an Interlocal Agreement for Electrical Projects with our Borough Electricians/Received October 29, 2008-Councilwoman Wenzel requested that this be discussed in Executive Session.
g) NJ Transit/Robert P. Koska, Director/FTA Section 5310 Grant Program/Received October 30, 2008-Mayor LaCicero stated that the Borough looked into this grant program last year and were not qualified.
h)
Thomas Quinn/1402 Ocean Front/requesting reimbursement for his fence
he had to replace due to the boardwalk reconstruction/Received
i) Ocean County Shade Tree Commission/Craig J. Theibault, Chairman/twelve cherry trees ordered for the town/Received November 3, 2008-Councilwoman Wenzel stated that Public Works has addressed the ordering of the trees.
j)
State of New Jersey/Department of Public Advocate/Ronald
Chen/Application for Review/Motion to Stay/Received
k) Multiple Sclerosis Annual “Coast the Coast” Bike MS Ride/Brian Hurwitz, Director/requesting permission to ride through our town and use Centennial Park as a short rest stop/Received November 10, 2008- Mayor LaCicero / Council approved.
l)
Jersey Shore Partnership, Inc./Jack Rosenfeld, Chairman/cordially
requesting the Mayor’s attendance at their annual meeting on December 16th/Received
November 10, 2008-Mayor LaCicero stated he will decide if he will
participate.
m)
and Council’s attendance at their meeting on November 21st as their guests/Received November
10, 2008- Mayor LaCicero stated he will decide if he will participate.
n)
Lavallette-Municipal Stormwater Management Plan
and Stormwater Control Ordinance/Received November 12, 2008-Mr. Parlow
stated that this letter was informing the Borough that the plan was approved
by the County.
UNFINISHED BUSINESS:
Mayor LaCicero stated that it needs to be done and sounds like a good way to approach it.
Council President Zalom stated that she would like to know what is going on with the two hour parking signs. The Parking Committee does not recommend charging commercial establishments a fee for the signs. It has never been done before. Mr. Parlow did some investigating with other towns and did not find one other town that charged a fee.
Councilwoman Wenzel stated that we need to find out if the State will charge us a road opening permit fee of $250.00 for each sign installed. If that is the case, then we need to charge somebody for these signs to compensate for the permits.
Mr. Parlow stated that this matter will not be cleared up before the end of the year. He will check with the State in reference to the fees for sign installation. He will report back to Council.
Councilwoman Wenzel questioned the minutes from the last meeting in reference to the sound device at the Lavallette Yacht Club. She stated that in the minutes it was said that the Yacht Club got approval from the State on the device. She would like to see that documentation and also how do we know there is no violation with our own ordinance in reference to the noise.
Councilwoman Filippone stated that she spoke to Mr. Remy from the Yacht
Club and he assured her that the Division of Fish and Wildlife approved this
sound device. They also stated
that there has been no wildlife on
Mr. Parlow stated that the Borough received two bids to place cellular antennas on the water tower. The combined amount of the bids totaled $66,600. He spoke with Mr. George and the Borough can award the two contracts as long as we can accommodate the space requirements. The consultant is currently preparing draft leases with site plans for your review at the next meeting.
NEW BUSINESS:
Mr. Parlow stated that he would like permission to send out RFP’s for the hiring of a third party to sell advertising space on the back of lifeguard stands and the lifeguard tower in an effort to enhance revenue for the municipality. He has already had some people express interest in doing this so he believes he could receive some competitive prices.
Councilman Lamb stated that he would like to see how much money this could provide the Borough. He also wanted to make sure that signs are tastefully done and would not be a burden to our lifeguards.
Mr. Parlow stated that within the proposed specs he specified that the company would be responsible for any damages, that the sign would have a certain weight requirement and would have to remove after Labor Day.
Councilwoman Wenzel stated that we need to be very careful with advertising up at the beach. Our boardwalk is serene in many ways.
Councilman Stogdill stated that the Administration office had a demonstration of an upgraded version of the software the Borough currently uses. The upgrade will provide residents more convenient ways to pay their bills and make the employees have an easier time with posting payments and giving information.
Councilwoman Wenzel stated that she had another Environmental Meeting
last week and they had a speaker on Solar LED signs.
They require no electric and they collect sunlight which backlights
the signs. Several
municipalities in the state already are using them.
We should seriously consider purchasing them.
We also have a college student who is a resident who will be working
with the
COMMENTS FROM THE PUBLIC:
Clem Boyers,
Mr. Parlow stated that he was told there was a fire at JCP & L’s
substation in
Joe Palinsky,
Mr. Parlow stated that they are five year contracts with a renewal clause that has a cost escalator attached to it.
Harry Dews,
COMMENTS OF THE MAYOR AND COUNCIL
MEMBERS:
Councilman Ardito stated that he attended a Board of Education meeting and they thanked Mayor and Council for the Resolution opposing the consolidation.
Council President Zalom thanked the residents for keeping her on another three years.
Councilwoman Filippone stated that they had another combined meeting with the Ordinance and Environmental Committees. Again, it worked out very nicely. The committee discussed the news rack problem. There are so many variations of the racks and we are really going to have to go through them further. There are also some State issues and amendment rights we need to look into as far as legal guidelines.
Councilman Lamb stated that
Mayor LaCicero stated that the dredging discontinued because there was an equipment problem. The problem has recently been fixed and they will be getting out there again shortly.
Mr. Parlow stated that Public Power signed a contract with a contractor for electric power. It is for 50% of the municipal load for a one year period. The estimated average price of energy based on the bid would be roughly $116 per Mega Watt Hour. This is down from our existing contract. The power members are preparing another RFP for the remainder of the load. The RFP provides language the pricing can be acquired within a 24 hour period. This will give the Borough’s a better opportunity to time the market.
EXECUTIVE SESSION:
Mr. George stated that there is a need to go into Executive Session to
discuss a potential interlocal agreement, some ongoing DEP matters and a
joint meeting with Mayors in reference to beach replenishment with no action
to be taken.
A Motion was made by Councilman Lamb to go into Executive Session. The Motion was seconded by Councilman Stogdill. Vote: All were in favor. The Motion passed. The meeting was adjourned to go into Executive Session at 9:25 pm.
The Council resumed regular session at 9:40 pm.
Mayor LaCicero asked Mr. George to provide detailed regarding the content of the Executive Session.
Mr. George stated that there were three subjects that were discussed. A DEP status report to update Council, joining a possible shared services agreement with Seaside Park Borough and attending a Mayors’ meeting all of which no action was taken.
ADJOURNMENT:
A Motion was made by Councilman Lamb to adjourn the meeting.
The Motion was seconded by Councilman Stogdill. Vote: All were in favor. The
Motion passed.
The meeting was adjourned at 9:41 pm.
CERTIFICATION
I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette,
_____________________________
Christopher F. Parlow
Municipal Clerk
BOROUGH OF LAVALLETTE (MINUTES)
REGULAR MEETING OF THE MAYOR AND COUNCIL
CALL TO ORDER: Mayor Walter G. LaCicero, presiding
ROLL CALL: Council Members Ardito, Lamb, Zalom, Wenzel, Filippone and Stogdill
Council Members Wenzel and Stogdill were absent for this meeting.
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 a long time resident, Angelo
Rigliano, who recently passed away.
PLEDGE OF ALLEGIANCE:
Councilman Lamb led the Salute to the Flag.
PROCLAMATION FOR SOPHIE
ZAVISTOWSKI WHO IS TURNING 100 YEARS OLD ON OCTOBER 24, 2008-Mayor
LaCicero read the Proclamation out loud and Council President Zalom took a
picture to give to the family.
Councilman Ardito promised to take the Proclamation to Mrs. Zavistowski.
COMMENTS FROM PUBLIC: (Items
not listed on agenda/not staying for remainder of meeting):
At this time, Mayor LaCicero asked if anyone who wished to speak about
anything that was not on the agenda and did not wish to remain for the
remainder of the meeting could do so now.
Jennifer O’Reilly,
Donnelly Amico stated that she did receive the letter from Councilwoman Wenzel for that date and it will be on the next agenda of November 17th for approval.
She also wanted to show Council pictures that were taken of the ocean with a red glowing tint to it which was caused by a certain type of algae.
APPROVAL OF MINUTES
Minutes of Caucus/Regular Meeting of
A Motion was made by Councilman Lamb to approve the Minutes of October 6, 2008. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Zalom, Filippone and Lamb voted Yes. The Motion passed.
RESOLUTIONS – ON CONSENT:
2008-273 authorizing the CFO to refund monies from the off duty police trust account in
the amount of $336.13 to Ruth Lazzara of
2008-274 authorizing the CFO to refund monies from the planning board escrow fund in
the amount of $249.00 to William Bori of
Councilman Lamb questioned what type of fund this was. Mr. Parlow stated
that when someone applies to the Planning Board there is an escrow fund set up
for that case for any fees that accrue. Once the case is approved or denied the
money is reimbursed to the homeowner.
2008-275 authorizing the CFO to refund monies from the planning board escrow fund in
the amount of $584.50 to Kenneth Abrahamsen of
2008-276
authorizing the Halloween curfew from October 30th
thru
the Borough of Lavallette from
2008-277
authorizing the Recreation Dept. to have their Halloween
bonfire in conjunction with the Halloween Harvest Hoedown on
2008-278 authorizing the Mayor to sign and execute the Interlocal Agreement between the Borough of Lavallette and the Ocean County Sheriff’s Department for the FY 2009 966 Reimbursement Program.
2008-279
strongly and unequivocally opposing any legislation that would
require the inclusion of
2008-280 authorizing the Borough Administrator to execute all enabling agreements for the purpose of procuring wholesale power supply and pricing proposals based on the recommendations of American Power Net
2008-280A appointing Council President Anita Zalom as Community Development Block
Grant Representative
The Mayor opened public comment on all resolutions on the consent agenda and the approval of vouchers.
There was no public comment.
A Motion was made by Councilwoman Filippone to Approve the Consent Agenda. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Zalom, Filippone and Lamb voted yes. The Motion passed.
RESOLUTIONS-OFF CONSENT:
There were no resolutions off consent.
APPROVAL OF VOUCHERS:
2008-281 Bills List in the amount of $2,478,243.39
A Motion was made by Council President Zalom to Approve the Bills List. The Motion was seconded by Councilwoman Filippone. Council Members Ardito, Zalom, Filippone and Lamb voted Yes. The Motion passed.
ORDINANCES ON FOR FINAL ADOPTION/SECOND
Ordinance No. 2008-19(1047) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 37 OF THE BOROUGH CODE, ENTITLED “LAND USE PROCEDURES,” SO AS TO REVISE SECTION 37-9 ENTITLED PROCEDURES FOR FILING APPLICATIONS FOR BUILDING REQUIREMENTS.
The Mayor asked Mr. Parlow for a synopsis on this Ordinance.
Mr. Parlow stated that Land Use statute requires that a planning board application checklist must be approved by municipal ordinance and, although there is a checklist, the verbiage must be included in the code.
A Motion was made by Councilwoman Filippone to adopt Ordinance No. 2008-19(1047). The Motion was seconded by Council President Zalom. The Mayor opened the Public Hearing on Ordinance No. 2008-19 (1047). There was no public comment. The Mayor closed the Public Hearing. Vote: Council Members Ardito, Zalom, Filippone and Lamb voted Yes. The Motion Passed.
Ordinance No. 2008-23(1051) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 90 OF THE BOROUGH CODE, ENTITLED “ZONING” SO AS TO CHANGE ARTICLE V, RESIDENCE DISTRICT A TO AMEND 90-24.E AND TO CHANGE ARTICLE VI, RESIDENCE DISTRICT B TO AMEND 90-37.E AND TO CHANGE ARTICLE VII, RESIDENCE DISTRICT C TO AMEND 90-44.E AND TO CHANGE ARTICLE VIII, BUSINESS DISTRICT TO AMEND 90.49.D(2)(d) AND TO CHANGE ARTICLE IX, OFF-STREET PARKING AND LOADING TO AMEND 90-59.A
Mayor LaCicero stated that this Ordinance is to allow a one foot overhang in the front yard setback.
A Motion was made Councilwoman Filippone to adopt Ordinance No. 2008-23(1051). The Motion was seconded by Council President Zalom. The Mayor opened the Public Hearing on Ordinance No. 2008-23 (1051). There was no public comment. The Mayor closed the Public Hearing. Vote: Council Members Ardito, Zalom, Filippone and Lamb voted Yes. The Motion passed.
Ordinance No. 2008-24(1052) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 90 OF THE BOROUGH CODE, ENTITLED “SITE PLAN REVIEW” SO AS TO REVISE SECTIONS 53A-5 ENTITLED “APPROVALS REQUIRED”, 53A-11 ENTITLED “APPLICATIONS FOR DEVELOPMENT; PROCEDURE,” 53A-15 STANDARDS AND REGULATIONS.”
The Mayor asked Mr. Parlow for a synopsis on this Ordinance.
Mr. Parlow stated that the Ocean County Planning Board must approved the Borough’s Stormwater Management Plan. They have reviewed the Stormwater Management Ordinance as well as the Site Plan Ordinance and made various minor changes to each. This Ordinance reflects those recommendations.
Councilwoman Filippone stated that the Planning Board has reviewed all three of these Ordinances and recommend approval of all three.
A Motion was
made by Councilwoman Filippone to adopt Ordinance No. 2008-24(1052).
The Motion was seconded by Council President Zalom.
The Mayor opened the Public Hearing.
There was no public comment. The
Mayor closed the Public Hearing.
Vote:
Council Members Ardito, Zalom, Filippone and Lamb voted Yes. The
Motion passed.
UNFINISHED BUSINESS:
Councilman Ardito stated that there was a lot of talk on the “Discuss Lavallette” website about the water bills and he received a number of calls at home also. He thinks these water/sewer bills need to be explained further and clearer. The residents clearly do not understand the rates and what they are being charged for.
Council President Zalom stated that the Parking Committee discussed the charging of the two hour parking signs and does not recommend charging for the two-hour parking. The Borough has never asked for the commercial establishments to pay for them all these years why now. Some of the commercial establishments did not receive the letters for the two hour parking. Mr. Parlow and Kim Samarelli took care of it and those people received their letters. The problem was some of those went to the corporate headquarters not the local ones.
Mr. Parlow stated that about a half dozen more commercial property owners have requested the two hour parking signs. He does not want to start measuring or getting started on this until he knows whether or not the Borough is going to charge a fee for the signs. If Council does decide to charge a fee that would require another step which would be an Ordinance designating a fee schedule for the sign. The resolution for the two hour parking was pulled from the agenda. In order to even start anything that resolution would have to be put back on the agenda with a vote.
Councilman Ardito stated that he attended the Lavallette Business Association meeting and they were not very responsive to paying for the signs. They think it would be unfair to charge them.
Mayor LaCicero questioned why they should be charged?
Councilwoman Filippone stated that we are charging the homeowners for their parking signs why not the business owners? They are making money with their businesses in town.
Council President Zalom stated that the fee for the parking signs for the homeowners is to have their own parking space in front of their homes because they do not have driveways, the business owners are not going to be parking there themselves if they are asking for the signs.
Councilman Lamb stated that he would like to keep the resolution pulled until we research this further.
Mr. Parlow stated that he would check with surrounding towns and see what they do and if they charge a fee.
Councilwoman Filippone stated that there was a joint meeting of the Ordinance and Environmental Committee meeting held on the 10th of October. Some issues that the committees discussed were solar/wind power, the 1500 foot buffer in between liquor establishments and news racks. She stated that the combination of the two committees worked really well. The committees were able to discuss a lot of issues concerning both committees.
She also reported that the Professional Planner is scheduled to attend the November 12th Planning Board meeting and it is open to the public. She has spoken with a representative from the Yacht Club and he has informed her that the bird noise machine was approved by the Fish & Game. There are no violations and it does not exceed our noise ordinance. The Borough will take a look into more in the spring when they turn it on again.
Mr. Parlow stated that RFP’s for energy have been issued by APN and bids will be received on Thursday, October 23, 2008. Fortunately, the market has allowed advantages with electric pricing. The Boroughs are purchasing use blocks instead of loads. The earliest the new rates will take effect will be June 2009 bills.
NEW BUSINESS:
Council President Zalom stated that the Walter Donlan sign on the boat up
at
Councilman Ardito stated that he attended the NJ Clean Energy Conference
in
COMMENTS FROM THE PUBLIC
Lach Cameron,
Lee Horan,
Joe Palinsky,
He also stated that the Borough could also enhance our revenue by ticketing the dog owners who let their dogs go on the beach. A Police Officer patrolling the beach especially in the morning and giving out tickets would maybe stop the abundance of animals on the beach. People just do not seem to care even looking at the signs because nothing is enforced.
Councilwoman Filippone stated that if anyone sees the dogs on the beach call the police department right away. That is the only way that it is going to be enforced. She will definitely speak to Chief Grant about this and see what he can do.
COMMENTS OF THE MAYOR AND COUNCIL
MEMBERS
Council President Zalom stated that October 22nd is Women’s Health Day. We had a great time at Al Scheller’s retirement dinner. The Beach Sweeps was held on October 8th and 75 people showed up in that cold wind. The number one pickups were caps and lids with wrappers coming in second. There were a lot of nails that we picked up from the boardwalk reconstruction. Don’t forget about our dune grass planting on November 8th. Our annual Halloween Harvest Hoedown will take place on October 24th. There will be pony rides, scream contest, bonfire and lastly a dance for the older kids. There is square dancing at St. Pio and Faith Lutheran will be having an Octoberfest on Election Day.
We had our first Environmental Committee meeting.
We are looking to appoint two students from
Councilman Ardito stated that he thinks the various committees meeting
together is definitely a good idea.
A Motion was made by Councilman Lamb to go into Executive Session.
The Motion was seconded by Councilwoman Filippone. All were in favor. The
Motion passed.
Mr. George stated that the discussions will be in reference to pending litigation with the DEP and the Gallo matters. He doesn’t foresee any action being taken.
The meeting was adjourned at
The meeting resumed at 8:29 pm.
Mayor LaCicero asked Mr. George to report on what was discussed during executive session.
Mr. George stated that there was discussion about the DEP regarding a settlement in which we are going to move forward with the action. We also discussed the Gallo litigation in which no action was taken.
A Motion was made by Councilman Lamb to adjourn the meeting. The Motion was seconded by Councilwoman Filippone. All were in favor. The Motion passed.
The meeting was adjourned at
CERTIFICATION
I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette,
_____________________________
Christopher F. Parlow
Municipal Clerk
BOROUGH OF LAVALLETTE (minutes)
CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL
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 a resident, Loretta Yaiser,
who passed away and for all the troops overseas.
PLEDGE OF ALLEGIANCE:
Councilwoman Wenzel led the Salute to the Flag
COMMENTS FROM PUBLIC (Items not
listed on agenda / not staying for remainder of meeting)
At this time, Mayor LaCicero stated that anyone who wished to speak about something that was not on the agenda and did not wish to stay for the whole meeting could do so now.
No one wished to speak at this time.
Mayor LaCicero closed the public comment portion of the meeting.
PRESENTATION:
MUNICIPAL
Kathy Mango the Director of the Municipal Alliance gave a brief presentation of how the Municipal Alliance runs and all the events that they are responsible for. She also thanked her many volunteers and the Borough, including Mayor and Council and the employees.
Council President Zalom thanked Kathy for her presentation and all of the volunteers that help with the Municipal Alliance.
Mayor LaCicero presented four resident boys with awards of appreciation for their work in putting together this year’s Skim Boarding Contest, which was a big success.
Council President Zalom, at this time, read a Proclamation from President George Bush proclaiming the month of October 2008 as Domestic Violence Awareness Month.
APPROVAL OF CLERK’S MINUTES
Regular Minutes of
Boardwalk Lumber Bid Opening Minutes of
2009 Sanitation Truck Bid Opening Minutes of
A Motion was made by Councilwoman Wenzel to approve the Minutes.
The Motion was seconded by Councilman Stogdill.
Vote:
Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb
voted Yes. The Motion passed.
REPORTS:
a) Police Overtime Report for September-Councilwoman Filippone-read from report
b)
Public Works Report for September-Councilwoman Wenzel-read
report-Councilwoman Wenzel stated that she was not going to read the whole
report because it was pretty much standard each month.
She wanted the residents to know that there will be a bulk pickup
starting on
c)
Public Affairs Report-Council President Zalom-Council President Zalom
stated that Mr. Parlow also sent letters to all the homeowners on the Ocean
Front preparing them for the reconstruction project once again.
The activity schedules are available for the fall/winter season so be
sure to pick them up. She
reported that the Halloween Harvest Hoedown will be on October 24th
and hopefully it won’t rain so we can have the pony rides and all the
outside activities. She thanked
Dunkin Donuts for all their donations for all recreation events.
She reported that the Beach Sweeps will be on October 18th
and
d) Municipal Court Report for September-Councilwoman Filippone-read report
e) Animal Control Report for September-Councilwoman Filippone-read report
f) Planning Board Report for September-Councilwoman Filippone-Councilwoman Filippone reported that the Planning Board did hire a Planner from Planning Design Collaborative. His name is Thomas Scangarello. She will keep everyone informed as to when our next meeting with him will be. There was only one case on for the meeting. She could not sit for the case. The case was rescheduled for November because the applicant had to go back and condense the plans.
g) Zoning Report for September-Councilwoman Filippone-read report
h) Construction Office Report for September-Councilwoman Filippone-read report
i) Tax Account Status Report for September-Tax Collector
j) Revenue Transaction Report for August-CFO
k) Bond Anticipation
Note
A Motion was made by Councilwoman Filippone to approve the Tax Account Status Report for September, the Revenue Transaction Report for August, and the Bond Anticipation Note Sale Report. The Motion was seconded by Councilwoman Wenzel. 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:
2008-259 authorizing the CFO to refund a duplicate payment of $111.00 for a Construction Permit to Custom Electronic Systems
2008-260 authorizing the CFO to refund a gazebo permit fee of $175.00 to Kathleen Truskowski pursuant to Ordinance No. 2008-11 (1039)
2008-261 supporting polio survivors “We’re Still Here” campaign
2008-262
urging the New Jersey Board of Public Utilities to consider requiring
interconnectivity of televisions systems seeking a state wide franchise, or
otherwise
serving Ocean County municipalities-Council President Zalom said she thought
this was a very good idea. It
should be corresponding with all of
2008-263 authorizing the electric collector to make an adjustment on an electric bill due to an over billed account
2008-264 authorizing the municipal clerk to advertise and receive bids for the leasing of space for the placement of wireless communications antennas and ancillary ground equipment at the municipal water tank facility-Councilwoman Wenzel asked that this be put on the off consent part of the agenda.
2008-265 recognizing the month of October 2008 as National Breast Cancer Awareness Month
2008-266 authorizing the electric collector to adjust an electric bill in the amount of $180.16
due to an over read electric meter.
2008-267
authorizing the refund of an overpayment of taxes in the amount of
$913.45 to Alex and Sharlene Hovsepian of
2008-268
requesting that the Department of Transportation adopt the required
regulation establishing two-hour parking spaces on Route NJ 35
Northbound-Councilwoman requested that this be put on the off consent part
of the agenda.
2008-269 authorizing the provisional appointment of Anthony J. Cirz to the position of Fire Sub Code Official
2008-270 amending the salary allocation of various positions within the administrative offices to reflect the addition of the building department
2008-270A authorizing the closure of a portion of the Oceanfront Boardwalk during repair of reconstruction of that portion of the boardwalk
The Mayor opened public comment on all resolutions on and off consent and approval of vouchers.
There was no public comment.
Councilwoman Wenzel asked to have Resolutions 2008-264 and 268 moved to Off-consent.
Council Agreed.
A Motion was made by Councilwoman Wenzel to approve the Consent Agenda as amended. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
RESOLUTIONS-OFF CONSENT:
2008-271 awarding a contract to Diamond M Lumber Co. for the purchase of various boardwalk lumber, materials and supplies in the amount of $139,177.72.
A Motion was made by Councilwoman Wenzel to
approve Resolution No. 2008-271.
The Motion was seconded by Council President Zalom.
Vote: Council Members
Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes.
The Motion passed.
2008-271A awarding a contract to Earle Asphalt Company, for Kerr Avenue Road Improvements in the amount of $97,413.13
A Motion was made by Councilman Lamb to approve Resolution No. 2008-271A. The
Motion was seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Wenzel,
Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed
2008-264
authorizing the municipal clerk to advertise and receive bids
for the leasing of space for the placement of wireless communications antennas and ancillary ground
equipment at the municipal water tank facility
Councilwoman Wenzel stated that she thought the Council would have a discussion process to provide information prior to us voting. She stated that the consultant showed up with his team at the Borough Yard with no warning. When she called him later to discuss the situation he was rather arrogant. She stated she is not sure that the Borough is going in the right direction with this.
Mr. Parlow stated that the consultant prepared the bids and the specifications were included in each packet. The Borough provided a $3,000 retainer and the consultant will receive a percentage of the 1st year’s revenue.
Mayor LaCicero stated that we went out to bid for this consultant and we hired him. The next step is for him to find us the best deal.
A Motion was made by Councilman Lamb to approve Resolution No. 2008-264. The Motion was Seconded by Councilman Stogdill. Vote: Council Members Zalom, Stogdill, Filippone and Lamb voted Yes. Councilwoman Wenzel and Councilman Ardito voted No. The Motion passed.
2008-268
requesting that the Department of Transportation adopt the required
regulation establishing two-hour parking spaces on Route NJ 35 Northbound
Councilwoman Wenzel stated that she thought this Resolution should be tabled tonight because she was under the impression that the Borough was going to discuss this further and establish a fee for to go along with the two hour parking.
Council President Zalom stated that she is on the Parking Committee and she does not remember discussing a fee attached to the two hour parking signs. The Borough has had the signs out there before and nobody paid for them.
Mr. Parlow stated that if it is the intention of the governing body to charge a fee for having two hour parking in front of a business establishment then the fee will need to be created by ordinance.
Councilwoman Filippone suggested that the resolution should be pulled from the agenda and have the Parking Committee meeting discuss it at their Wednesday’s night meeting.
Council agreed.
2008-272A rejecting the bid for the 2009 Sanitation Truck
Mr. Parlow stated that we received one bid for the garbage truck and it was over and above the amount we budgeted for. He recommended that we reject the bid and explore other options.
A Motion was made by Councilman Lamb to reject the 2009 Sanitation Truck bid. The Motion was Seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion Passes.
APPROVAL OF VOUCHERS:
2008-272 Bills List in the amount of $680,454.04
A Motion was
made by Councilwoman Wenzel to Approve the Bills List.
The Motion was seconded by Councilman Lamb.
Vote: Council Members
Ardito, Wenzel, Stogdill, Filippone and Lamb voted Yes.
Councilwoman Filippone and Council President Zalom Abstained on
INTRODUCTION OF ORDINANCES:
ORDINANCE NO. 2008-22(1050) - ORDINANCE OF THE BOROUGH OF LAVALLETTE,
COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 90
OF THE BOROUGH CODE, ENTITLED “ZONING” SO AS TO CHANGE ARTICLE V, RESIDENCE
DISTRICT A TO AMEND 90-24.F AND TO CHANGE ARTICLE VII, RESIDENCE DISTRICT C
TO AMEND 90-44.F
Councilwoman Filippone stated that the Chief reviewed the ordinance and took some measurements along the highway. He reviewed the issues with the driveways setbacks on the 35 South and did not see a problem with the site triangle as far as the ordinance was concerned. He recommended going ahead with the ordinance as is with the homeowner making that decision regarding side yard setbacks.
A Motion was made by Councilwoman Filippone to Introduce Ordinance No. 2008-22 (1050). The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Public Hearing and Final Adoption Scheduled for
COMMUNICATIONS:
Legal:
a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Christopher Obchinetz v. Borough of
Lavallette/Received
b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water
and Sewer Utility/Plaintiff’s Interrogatories and Supplemental Interrogatories/Received
c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Gallo v. Borough of Lavallette Water
& Sewer Utility, et al./Court Appointed Mediator’s
Scheduling/Received
d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Gallo v. Borough of Lavallette Water
and Sewer Utility/First Set of Interrogatories to be answered by Defendant’s/Received
e) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Gallo v. Borough of Lavallette Water
and Sewer Utility/appointment of mediator Jeffrey Light, Esquire/Received September 29,
2008
Engineering:
a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Stormwater Management Plan/Received
b) O’Donnell, Stanton &
Avenue Road Improvements/Final Reimbursement/Received
c) O’Donnell,
a)
Legislative Development/Permit Extension Act/Financial
Disclosure For Local Officers/Received
b)
Important Conference Sessions/Land Use/Received
c)
Michael A. Pane Memorial Award/Received
d)
2009 Pension Cost Budget Shock/Received
e)
Appellate Division Rules that Municipality Need Only Provide
Curbside Trash Collection for Apartment Complex/Received
f)
Proclamation-October National Planning Month/Received
g)
NJ Clean Energy
Conference/Save the Date/Received
h)
Important Conference
Sessions/Clean and Green/Received
i)
Important Conference
Information/All New Consulting Session/Received
j)
Municipal Issues 2008/US Senate Candidate Response/Received
k)
Session Day Wrap-Up/Received
l)
Affordable Housing/COAH Litigation Update/Received
m) SCI
Issues Report on Procurement of Fire Trucks/Received
n)
Rural Policing Local Mandate Case Update/Received
o)
2008 League Conference Resolutions/Received
p) Updated on Interconnection of PEG Stations Between Verizon and Incumbent
Providers/Received
q)
Important Conference Sessions/The Next Generation/Received
r) Children Are Community: Creating Family-Friendly Cities for Young Children/Received
s)
Governor’s Ethics Package/Received
t)
Public Health Issue/Received
u)
COAH Update/Received
v)
Important Conference Sessions/Focus on Finance/Received
w)
2008 Conference Resolutions/Received
x) A-2731 Expedited Traffic Signs Approval/Received September 29, 2008
y) Signing of Pension and Benefits Reform Act of 2008
z) Invite your Suppliers/Vendors to Exhibit at the League Conference/Received September 29,
2008
aa)
Important Conference Sessions-Economic Development/Received
bb)
COAH Update/Received
cc)
Wrongful Death/Received
dd)
Urgent Alert/New
General With No Action
a)
b)
State of New Jersey/Department of Environmental
Protection/Karen Kloo, Acting Manager/Public Access to Contaminated Sites in
c) Letter to Ocean County Freeholders about installing tertiary plants for the three sewer plants/Total Loss of Clamming/Bill Hammarstrom/Waretown, NJ/Received September 11, 2008-Councilwoman Wenzel said she spoke to
d)
County of Ocean/Arthur P. Burns, Supt. of Recycling
Operations/August 2008 Recycling and Compost Reports/Received
e)
Harry Dews, 214 Newark Avenue/letter suggesting the pavilions
be fenced in during the summer months/Received
f)
State of New Jersey/Commission of Investigation/Alan A.
Rockoff, Executive Director/Report Titled “Alarming Contracts”/Received
g) Ocean County Planning Board/David J. McKeon, Planning Director/Regarding Additional Beach and Dune Planting Material Available/Received September 22, 2008
h) Ocean County Solid Waste Management/Mary E. Jerkowicz, Recycling Program Aide/Preliminary Recycling Rates for 2007/Received September 23, 2008-Councilwoman Wenzel stated that Lavallette’s recycling rates have gone up and she thinks that is wonderful.
i) T & M Associates/Kevin F. Toolan, President/Advertising in Forbes Magazine/Received September 24, 2008
j)
k) State of New Jersey/Department of Health & Senior Services/Heather Howard/Report on
Prevention Quality Indicators, New Jersey 2005/Received
l)
State of New Jersey/Council on Affordable Housing/Lucy Vandenberg,
Executive Director/Development Fees and P.L. 2008, c.46/Received
m) State of New Jersey/Department of Health & Senior Services/Heather Howard,
Commissioner/New
n)
Friends of Lavallette Beautification/Pat Marrone,
Chairperson/acknowledging the completion of the project of Commemorative
Benches/Received
o)
Lavallette Board of Education/Steve Shohfi, President/opposing any
school consolidation of districts/Received October 2, 2008-Councilman Lamb
stated that this would be a serious issue for the Borough.
General With Action:
a) New Jersey Department of Labor and Workforce Development/John Powers/Notice of Order to Comply/Department of Public Works/Received September 15, 2008-Councilwoman Wenzel stated that corrections are in process and there were no fines given.
b)
State of
c)
Center for Civic Responsibility/Harry Pozycki, Chairman/requesting
the attendance at their conference entitled “Call to Service for the
Business Community” on
d)
e)
Vincent Foti/Guyer Avenue/requesting the repairs to potholes at the
curbside on Guyer Avenue on the side of PNC Bank/Received September 16,
2008-Councilwoman Wenzel stated that she will forward this on to Public
Works. She was curious to know
if when something like this is received does a copy of it get forwarded to
that department? Mrs. Amico
stated that a copy was forwarded to Public Works already.
f) Island Junior Baseball League/John Wiley, President/requesting use of the ballfield for the 2009 baseball season/Received September 17, 2008-Councilman Stogdill suggested a meeting again with John Wiley to discuss the use of the field and the 2009 season. He stated he will set it up.
g) Ocean County Columbus Day Parade Committee, Inc./Michael Blandina, Parade Chairman/requesting the Mayor and Council join the Columbus Day Parade/Received September 18, 2008-Council President Zalom stated that she will be attending. Mayor LaCicero stated that he will try to attend as well.
f) State of New Jersey/Department of Community Affairs/Robert S. Hilzer, Office of Regulatory Affairs/Borough of Lavallette Ordinances, Chapter 44-1 regarding Ocean Front Construction needs to be rescinded being it conflicts with the Uniform Construction Code/Received September 26, 2008-Mr. Parlow stated that he is in the process of reviewing this with the Mr. George. There is supposedly some language that conflicts with the UCC Code in reference to requiring pilings.
g) Friends of Lavallette Beautification/Pat Marrone, Chairman/requesting the matter of newsracks to be discussed once again with the ordinance committee to get a jump on it for 2009/Received September 30, 2008-Councilwoman Filippone stated that she spoke to Pat Marrone about this last week and we are going to discuss at our Ordinance Committee meeting this week.
h) Jersey Shore Triathlon Club/Christopher Wilcox, President/requesting permission to stage a morning triathlon race on June 21, 2009/Received September 30, 2008-Mayor LaCicero recognized Mr. Wilcox and Mr. Enright in the audience and asked them to discuss this during public comment portion of the meeting.
i) Michele Donato/2200 Ocean Front/requesting in writing a commitment from the Borough that her property and dunes will not be disrupted or damaged during the boardwalk reconstruction/Received October 2, 2008-Mayor LaCicero stated that he spoke to Mr. George about this and in no way would we make any agreements to that effect. He already spoke to Mrs. Donato and we are going to sit down and discuss further.
j) State of New Jersey/Department of Transportation/Chris Barretts, Manager/Revising the Electrical Service for Traffic Signal at Rt. 35 N.B. and Elizabeth Avenue/Received October 3, 2008-Mr. Parlow stated that Lavallette Electric Company needs to fill out some paperwork for the electric service.
UNFINISHED BUSINESS:
Councilwoman Wenzel asked for Council’s permission to retrofit the old F400 Fire Truck with just a plow instead of the dump body.
Council Members agreed that would be fine.
Councilwoman Wenzel also stated that she has received some complaints from residents that the papers in the news racks were old and outdated. Maybe we need to inform the Zoning Department to go out and check the racks and if any papers are old contact them and let them know.
Mr. Parlow stated that the residents need to come to Borough Hall and make the complaint to the Zoning Officer so he can go out and check.
Councilwoman Filippone stated that she was out to look at the windmill on the ocean front. It looks like a pole with a fan on it. She stated her main concern is that it violates our code of 30 foot height restriction. We also had someone in town that put solar panels up and did not follow our Ordinance so we have some concerns and need to be very careful.
Mr. Parlow stated that no matter what degree of solar you put in you need an electrical permit in order to do so. The device cannot back feed into our system and that is a major concern.
.
Council President Zalom stated that Coast Cities is still holding on to the bus for us if we still want it. The price is still $7,000 and if you think about it we pay $4,000 a year to rent a bus for our events.
Councilman Lamb asked Mr. George for an update on the DEP litigation.
Mr. George stated that the Judge in the case has taken it off the inactive list. Most of the corrections have been taken care of. We have asked that the monetary fines be dismissed.
Councilwoman Wenzel requested that maybe one suggestion for the CDBG
monies for 2009 is putting sidewalks on the middle and bay sides of
Mr. Parlow stated that Public Power had their first meeting with the managed contract. This is the first time he is dealing with a managed contract and it’s definitely different. We are hoping to hit the market within the next three to four weeks to purchase our first block of power at a reasonable rate.
NEW BUSINESS:
Councilman Ardito stated that he held a Drivers Safety Program at the school last week. There were many in attendance and you get a discount on your car insurance.
Councilwoman Wenzel suggested maybe raising the fees on the vendor licenses for the ice cream trucks now so they will be ready for the 2009 summer season.
Mayor LaCicero questioned what the surrounding towns are charging?
Councilwoman Wenzel suggested looking into that and going a little higher.
She also stated she had many complaints from residents by the Yacht Club about a sound device that keeps birds away. They said it is very loud and disturbing and is harassing the wildlife.
Mayor LaCicero stated that the Police should look into this because it may be violating the noise ordinance.
COMMENTS FROM THE PUBLIC:
Dr. James Enright,
Mr. Parlow stated that was the first weekend of the summer season and he wasn’t sure if it was a good idea.
Mayor LaCicero stated that it was going to be quick and he didn’t see any problem. Please make sure you take care of getting the proper insurance to us and make sure you cleanup anything that needs to be cleaned up.
He also suggested that Mr. Enright check with the Chief on any other issues that would concern this event.
Councilwoman Wenzel stated that she thinks it will work out better having it during the summer season because we have more employees during the summer months as far as police specials and summer personnel.
A Motion was made by Councilman Lamb to approve the date of June 21st for the Triathlon. The Motion was Seconded by Councilman Ardito. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Mr. Dews,
Mayor LaCicero stated that we have had very little leeway with the DEP on doing anything with the pavilions. This has been our problem from the beginning. We have applied for a permit and have asked for expansion of the perimeter a little bit and are hoping to receive some positive feedback from them shortly. Once we get some information from them, I will make sure to update the public at a meeting.
COMMENTS OF THE MAYOR AND COUNCIL
MEMBERS:
Councilman Ardito stated that he attended the
Councilwoman Wenzel stated that she was very proud of the Public Works Department. They have been without four full time employees for awhile now and have been doing a phenomenal job managing the work load, especially during the summer months.
Council President Zalom stated that she was very pleased with this
meeting tonight and the amount of people in the audience.
She reminded everyone about the PTA Fundraiser on the River Lady.
Elaine Schardien, a resident of
Mr. Parlow stated that October 14th is the last day to
register to vote. Our office
will be open until
Mayor LaCicero reminded everyone that Friday, October 10th is the Voters & Taxpayers Candidates Night.
ADJOURNMENT:
A Motion was made by Councilwoman Wenzel to adjourn the meeting.
The Motion was seconded by Councilman Stogdill.
Vote: All were in favor of. The Motion passed. The meeting was adjourned at
CERTIFICATION
I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette,
_____________________________
Christopher F. Parlow
Municipal Clerk
BOROUGH OF LAVALLETTE (minutes)
REGULAR MEETING OF THE MAYOR AND COUNCIL
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
Mr.
Parlow arrived at
MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for two longtime residents who passed away this weekend, Louise Longo who was Linda Vizzone’s mother and Nancy Miceli, who was Celeste Brockwell’s mother.
PLEDGE OF ALLEGIANCE: Councilman Lamb led us in the Salute to the Flag.
PRESENTATION:
Joe Yewaisis of
Run –Mr. Yewaisis was not present.
Councilwoman Wenzel stated that he did request to be put on this agenda.
MAYOR’S WELCOMING STATEMENT:
COMMENTS FROM PUBLIC: (Items not listed on agenda/not staying for remainder of meeting): Mayor LaCicero opened public comment. There was no public comment.
APPROVAL OF
MINUTES
Minutes of Caucus/Regular Meeting of
A Motion was made by Council President Zalom to
approve the Minutes of
PUBLIC
COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS:
RESOLUTIONS
– ON CONSENT:
2008-249 appointing Luke Cuccurullo to the Environmental Committee-Council President Zalom stated that Mr. Cuccurullo is very excited about this.
2008-250 authorizing the
Interlocal Agreement with the
Office for our DWI Checkpoints for year 2009
2008-251
authorizing the 50/50 raffle and gift auction for the Helping Hands,
Loving Hearts to be held on
2008-252 authorizing the Mayor to execute an agreement between the Borough of Lavallette and the Lavallette Volunteer First Aid Squad, Inc.-Councilwoman Wenzel questioned if there were any changes to the agreement from last years? Mayor LaCicero stated that there were no changes.
2008-253 authorizing an emergency appropriation of less that 3 percent of the total operating appropriations in the amount of $15,000 for gas and diesel fuel purchases-Mayor LaCicero stated that this was just because of the price of gasoline, the usage has gone done. Council President Zalom stated that she is thankful that the Borough is a member of the Stafford Co-Op. Councilwoman Wenzel stated that there are keys required to the all pumps and cameras watching the area so that makes a difference, also. Councilman Ardito stated that he was very glad to see the usage down for the gasoline.
2008-254 providing recognition and support for the National Guard and Reserve
2008-255
authorizing a bingo license to the Rosary Altar Society of the St.
Pio of
Pietrelcina (formerly St. Bonaventure
Church) for their bingo games for
the year 2009
2008-256 authorizing
the electric collector to adjust an electric account at Block 11
2008-257 authorizing the Mayor to execute an Amendatory Schedule “C” Agreement between the Borough of Lavallette and the County of Ocean-Council President Zalom stated that in the early 90’s we hired Bird Construction to do our dredging and that cost $16,000. In 1999, we had the County do it and that cost us $16,500. She was very glad to see that this time the price came down to only $12,000.
A Motion was made by Councilman Lamb to approve the Consent Agenda. The Motion was seconded by Councilwoman Wenzel. 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:
2008-258 Bills List in the amount of $3,347,923.70
A Motion was made by
Councilman Stogdill to approve the Bills List.
The Motion was seconded by Councilwoman Filippone.
Council Members Ardito, Wenzel, Stogdill and Lamb voted Yes.
Council Members Zalom and Filippone abstained on
ORDINANCES ON FOR FINAL ADOPTION/SECOND
Ordinance No. 2008-20(1048) BOND ORDINANCE AMENDING IN PART BOND ORDINANCE
NO. 2003-04(920) ADOPTED ON
A Motion was made by Councilwoman Wenzel to adopt Bond Ordinance No. 2008-20(1048). The Motion was seconded by Councilman Stogdill. The Mayor opened up the Public Hearing on Bond Ordinance 2008-20(1048). There was no comment from the public on this Bond Ordinance. The Mayor than closed the Public Hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion Passed.
Bond Ordinance No. 2008-21(1049) BOND ORDINANCE PROVIDING FOR ACQUISTION OF ELECTRICAL DISTRIBUTION EQUIPMENT, APPROPRIATING $175,000, THEREFOR AND AUTHORIZING THE ISSUANCE OF $166,250 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW
A Motion was made by Councilman Lamb to adopt Bond Ordinance No. 2008-21(1049). The Motion was seconded by Councilwoman Wenzel. The Mayor opened the Public Hearing on Bond Ordinance 2008-21(1049). There was no comment from the public on this Bond Ordinance. The Mayor than closed the Public Hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion Passed.
ORDINANCES ON FOR INTRODUCTION/FIRST READING
Ordinance No. 2008-22(1050) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 90 OF THE BOROUGH CODE, ENTITLED “ZONING” SO AS TO CHANGE ARTICLE V, RESIDENCE DISTRICT A TO AMEND 90-24.F AND TO CHANGE ARTICLE VII, RESIDENCE DISTRICT C TO AMEND 90-44.F
Councilwoman Filippone requested that this Ordinance be pulled from the Agenda. Chief Grant would like some time to measure the spots specifically. He is worried that there will be an issue with the site triangle. It will be put back on the next meeting agenda.
Councilman Ardito questioned whether this ordinance should be sent back to the Ordinance Committee for further review.
Councilwoman Wenzel stated that usually with a Planning Board Ordinance, it comes to the Mayor and Council as correspondence first and then we discuss and make any changes before we put it on the agenda for introduction.
Councilman Ardito stated that he would prefer it be done that way.
Councilwoman Wenzel stated that if we instructed the Attorney to draw up an ordinance for something specific we would naturally review it first before it would go on the agenda. It would be a lot cleaner if we discussed it first.
Mayor LaCicero stated that maybe we should review it before putting it on for introduction.
UNFINISHED BUSINESS:
Councilwoman Filippone stated that she has the
report on the Crossing Guards from the Chief.
The report reads that the guards started July 12th through
the summer season from 11am to 4pm.
The streets were
Council President stated that she is going to use this information to send to the State for our traffic light that we are requesting there.
Councilwoman Filippone stated that the Chief
recommends that this continue next summer on Route 35 South and
Councilman Ardito requested that we do a rough draft of a solar ordinance for the next meeting to review.
Councilman Lamb stated that many towns are doing this.
Mayor LaCicero asked the attorney to draft an ordinance and make modifications.
Council President Zalom stated that Coast Cities is still working on getting us a bus.
Mayor LaCicero stated that he spoke to the County about the Soundings. The northwest portion of WPI is very shallow. They are going to do an investigation of what the bottoms consists of. The county is going to be taking care of it all at no cost to the borough. The only problem is that this can be very messy and the Borough should probably figure out where we are going to put the mess.
Councilwoman Wenzel stated that she believes the
north side of the
NEW
BUSINESS:
Councilwoman Wenzel requested that a resolution be put on the agenda for the next meeting allowing Public Works to shut down certain blocks while under construction.
Councilwoman Filippone questioned if she was anticipating anymore fence problems with this section of the reconstruction?
Councilwoman Wenzel stated that she was unable to attend the walk through with the Administrator, Gary and the Mayor but she doesn’t foresee much of a problem up there. Mr. Parlow is going to be sending out the letters to the homeowners.
Mayor LaCicero stated that he sees less of a conflict with this project and it looks pretty good.
Councilwoman Filippone questioned when the dune planting was going to be?
Council President Zalom stated that it was being held on November 8th.
Councilman Ardito requested that we consider an ordinance for wind power.
Mayor LaCicero stated that that should be discussed by the Ordinance Committee
Councilwoman Filippone stated that if these wind power vanes are on top of roofs, that is going to be another problem. We would also have to look into amended our current ordinance on heights of 30ft. maximum on structures.
Mayor LaCicero stated that maybe the environmental and ordinance committees should discuss this topic together.
Councilwoman Filippone stated that the meeting will take place sometime in November.
Councilman Ardito stated that he was happy that the Borough was a member of the Public Power Association.
Councilman Lamb questioned Councilman Ardito on whether or not he did an assessment on the bills for the Borough Buildings. Maybe there are ways we can be cutting costs for ourselves. The firehouse just got new doors and I believe that they definitely made a difference with conserving energy.
COMMENTS
FROM THE PUBLIC:
Tom Tevlin, 13 President Avenue stated that he would like to request some type of pedestrian walk signs for the light on Washington Avenue to cross North and South.
He thanked Council President for a wonderful job each year with the Memorial Day Services. He is very glad about the purchasing of another sanitation truck. That will help with quicker pickups so the town stays cleaner. He doesn’t think the beach badges are working in town. He thinks we should go with a rubber band type badge for daily badges. Nobody likes to stick a pin through their $100.00 bathing suits. This would be a rubber band type badge that could be secured on their wrist or ankle and wouldn’t have to be pinned anywhere on clothing. I have the paperwork on it from breakwater beach and I would like to give it to Councilman Lamb to look into.
Councilman Lamb thanked him and he will look into this option.
Patricia Hoffman,
Councilwoman Wenzel suggested that the Borough Administrator look into it further. We need to know about the legalities and would need to figure out a place to put it before we just jumped into it with a yes.
Pat Gilman,
Bill Kinney,
Mayor LaCicero stated that the process is taking longer than anticipated because of the budget problems with the State. Our application is submitted and Mr. George is in the process of trying to get a date for a meeting to sit down and discuss this further. As soon as we set a firm date I will announce it at a meeting.
Arthur Bremmer, 213 Bryn Mawr Avenue just wanted to thank Mayor and Council and the Police Dept. for the crossing guard on Rt. 35 and Bryn Mawr this summer. My family and I have a very hard time crossing there to get to the beach. This summer was a pleasure to be able to cross without a problem or worrying about my grandchildren.
COMMENTS OF
THE MAYOR AND COUNCIL MEMBERS:
Council President Zalom thanked Councilwoman
Filippone for the copy of the article about
Councilwoman Filippone stated that she had an
article about the problems in
Councilman Stogdill stated that he thinks we should at least get on the list for the anemometer and than we can research it further.
Councilman Ardito questioned two specific items on a Bond Ordinance and is that allowed.
Mr. Parlow stated that it is called a multi purpose Ordinance and they are used frequently by towns when more than one type of item is being purchased.
Councilwoman Wenzel stated that there is going to be a retirement dinner for Al Scheller who worked for Public Works. It will be held on October 17, 2008 at the Toms River Elks Club. Anyone who wants to attend can speak to Diana Turrian at Public Works or Donnelly Amico at the Borough Hall.
She also asked that information be requested from the School Board on the regional school district. We need to know the legalities.
Councilman Ardito stated that the next School Board meeting is being held on September 25th and maybe some of us should attend.
Council President Zalom stated that she knows that the way the law reads now is that it would have to be agreed upon by all three towns in total.
She also thanked Mr. George for donating the easel for the fallen hero portrait.
Mr. Parlow stated that there is a program called Clean Energy Program, which is an energy audit for your town. He has contacted one of the approved venders and will send them a complete list of our Borough facilities. The consultant will provide the Borough a proposal. The BPU will be picking up 50% of the cost. The Borough should be receiving a proposal shortly.
He also stated that he has received most of the two-hour parking surveys back. He sent out about sixty surveys. The commercial property owners needed to respond or they would not be provided with two hour parking signs. Seventeen of the commercial properties have requested the two-hour parking and 20 have responded that they did not want it. Most of them who responded are from the middle of town to the north. There was a parking committee meeting that was cancelled on September 10th and rescheduled for October 8th. We will be discussing these surveys at that time.
EXECUTIVE SESSION: There was no executive session.
A Motion was made by Councilwoman Wenzel to adjourn
the meeting. The Motion was
seconded by Councilman Stogdill.
The meeting was adjourned at 8:16 pm.
CERTIFICATION
I, Christopher F. Parlow, Municipal Clerk of the
Borough of Lavallette,
_____________________________
Christopher F. Parlow
Municipal Clerk
BOROUGH OF LAVALLETTE (minutes)
CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL
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: Mayor LaCicero asked for a moment of silence for the 9/11 victims who were killed in the World Trade Center Bombing. He read the names from the plaques of residents of Lavallette who were killed.
Council President Zalom spoke about how the plaques were created and when the Borough had its first memorial service for the 9/11 victims.
PLEDGE OF ALLEGIANCE: Council President Zalom led the Salute to the Flag
MAYOR’S WELCOMING STATEMENT: At this time, Mayor LaCicero 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)
Lucille Jarosinski, 1305 Bay Blvd. - She suggested that the Mayor and Council do not let the bicycle issue lay dormant through the fall and winter months. We should use this time to figure out a solution to this problem so it is in place for the spring. Maybe a committee should be formed of residents and council members to discuss some options and find solutions.
Mayor LaCicero thanked her and stated he would make her aware of any committee that was formed.
The Mayor closed the public comment portion.
APPROVAL OF CLERK’S MINUTES
Regular Minutes of August 18, 2008
Executive Session Minutes of August 18, 2008
A Motion was made by Council President Zalom to approve the Minutes. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
REPORTS:
a) Police Overtime Report for August-Councilwoman Filippone-read report-Councilwoman Wenzel stated that this police force has shown a great deal of leadership and she is proud of that. Mayor LaCicero stated that the police are doing a fine job and the Chief is doing a great job of leading it.
b) Public Works Report for August-Councilwoman Wenzel-read report-Councilwoman Wenzel stated that winter garbage collection will start on September 15th.
c) Public Affairs Report-Council President Zalom- She apologized about Heritage Day. The Borough cannot help the weather and Mother Nature. She has received a lot of compliments on the Borough’s website. She thanked Matt Burk for that. The September through December 2008 flyers are out telling people what is going on around town. There was a wonderful article in the Ocean Star about Kathy Mango and the Municipal Alliance. She reported that the Annual Halloween Harvest Hoedown is scheduled for October 24th. There will be pony rides, spooky stories, scream contest and pumpkin carving. There will be two New York bus trips this year again on December 10th and the 13th. The Republican Club will be holding their Adopt a Highway program on October 25th. Lastly, she reported that the movie “Greetings from the Shore” will be in the movies starting September 12th.
d) Municipal Court Report for August-Councilwoman Filippone-read report
e) Animal Control Report for August-Councilwoman Filippone-read report
f) Planning Board Report for August-Councilwoman Filippone-She reported that a Planner appeared before the Planning Board during its August workshop meeting and gave the Board a proposal on the fees for the meeting in September. The price seemed a little higher than the Board expected. Therefore, the Board decided to bring in a second Planner to give his presentation and proposal and then the Board will make a decision. The Board will have two proposals to review. The two issues the Board discussed were the 1,500 foot buffer between liquor license establishments and the use ordinance that implies that a 50 x 100 commercial lot can only have two uses.
g) Beach Badge Sales Report for summer season of 2008-Councilman Lamb-read report
h) Zoning Report for August-Councilwoman Filippone-read report
i) Tax Account Status Report for August-Tax Collector
j) Revenue Transaction Report for July-CFO
A Motion to Approve the Tax Account Status Report and Revenue Transaction Report was made by Councilwoman Wenzel. The Motion was Seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion Passes.
PUBLIC COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS:
RESOLUTIONS – ON CONSENT:
2008-237 authorizing the formal cancellation of unexpended funds from the Grant Fund
2008-238 authorizing the refund of planning board escrow monies to Joseph Mauriello in the amount of $97.00
2008-239 authorizing the refund of planning board escrow monies to Donald Oriolo in the amount of $692.00
2008-240 authorizing the refund of planning board escrow monies to Car-Lou, Inc. in the amount of $55.00
2008-241 authorizing the appointment of a Lifeguard for the 2008 summer season at an hourly rate of $9.00
2008-242 expressing support for S77/A285 to establish a uniform, statewide “Pedophile Free Zones” restricting where sexual offenders can reside
2008-243 urging the New Jersey Legislature to amend the Municipal Land Use Law regarding recreation and open space set asides
2008-244 authorizing the appointment of Hans Warnebold to the part-time positions of Construction Official/Building Inspector-Mr. Parlow stated that the Gerry Grayce, the Construction Official who was hired two months ago and held the titles of Construction Official, Building Subcode Official and Fire Subcode Official has resigned. In order to keep the Construction Office functioning at the speed it is going we needed to hire three separate officials. The total salaries combined is $47,000. Based on the activities during the first three months of operation the annual revenues should be around $100,000.
2008-245 approving the 50/50 Raffle for the Island Junior Baseball League on April 4, 2009
2008-246 authorizing the Chief Financial Officer to refund various vendors due to the cancellation of Heritage Day
2008-247 authorizing the appointment of Philip Reed to the part-time position of Building Sub Code Official
2008-247A authorizing the appointment of Michael Foy to the part-time position of Fire Subcode Official
2008-247B authorizing amendments to the adopted 2008 capital budget
The Mayor opened public comment on the resolutions On-consent and the Bills List.
Clem Boyers, 20 Kerr Avenue questioned the refunding of the vendors for Heritage Day. He felt that the Borough should not provide refunds.
The Mayor closed the public comment portion.
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 voted Yes. The Motion passed.
RESOLUTIONS-OFF CONSENT: There were no resolutions off consent
APPROVAL OF VOUCHERS:
2008-248 Bills List in the amount of $1,474,596.95
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 voted Yes. The Motion passed.
ORDINANCES ON FOR INTRODUCTION/FIRST READING
ORDINANCE NO. 2008-19(1047) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 37 OF THE BOROUGH CODE, ENTITLED “LAND USE PROCEDURES: SO AS TO REVISE SECTION 37-9 ENTITLED “PROCEDURES FOR FILING APPLICATIONS BUILDING REQUIREMENTS”.
Mr. Parlow stated that the Land Use Law requires the Borough to adopt a land use ordinance application checklist. It was brought to our attention by an applicant so we had to comply.
A Motion was made by Councilwoman Filippone to introduce Ordinance 2008-19(1047). The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Public Hearing and Final Adoption scheduled for October 20, 2008.
BOND ORDINANCE NO. 2008-20(1048) BOND ORDINANCE AMENDING IN PART BOND ORDINANCE NO. 2003-04(920) ADOPTED ON APRIL 7, 2003, AS AMENDED BY BOND ORDINANCE NO. 2005-04(968) ADOPTED ON APRIL 11, 2005, AS AMENDED BY BOND ORDINANCE NO. 2005-21(985) ADOPTED ON OCTOBER 24, 2005, AS AMENDED BY BOND ORDINANCE NO. 2006-17(1005) ADOPTED ON AUGUST 21, 2006, AS AMENDED BY BOND ORDINANCE NO. 2007-02(1013) ADOPTED ON FEBRUARY 26, 2007, AS AMENDED BY BOND ORDINANCE NO. 2007-09(1020) ADOPTED ON AUGUST 20, 2007, AS AMENDED BY BOND ORDINANCE NO. 208-01(1029) ADOPTED ON JANUARY 14, 2008, PROVIDING FOR IMPROVEMENTS TO BOARDWALKS AND DOCKS, IN ORDER TO INCREASE THE APPROPRIATION THEREFOR BY $150,000 FOR A TOTAL APPROPRIATION OF $1,050,000, TO INCREASE THE AUTHORIZED BONDS AND NOTES TO BE ISSUED TO FINANCE A PORTION OF THE COSTS THEREOF BY $142,500 FOR A TOTAL DEBT AUTHORIZATION OF $997,500, AND TO INCREASE THE ALLOCATION OF THE APPROPRIATION TO COSTS PERMITTED UNDER N.J.S.A. 40A:2-20, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY
A Motion was made by Councilwoman Wenzel to introduce Bond Ordinance No. 2008-20(1048). The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Mr. Parlow stated that this is the last phase of our boardwalk reconstruction project.
Councilwoman Wenzel thanked Mayor and the rest of Council for being so forthcoming with this project. She is very excited about the completion being so close.
Public Hearing and Final Adoption scheduled for September 22, 2008.
BOND ORDINANCE NO. 2008-21(1049) BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF ELECTRICAL DISTRIBUTION EQUIPMENT, APPROPRIATING $175,000, THEREFOR AND AUTHORIZING THE ISSUANCE OF $166,250 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY
Mr. Parlow stated that we had to cancel a Bond Ordinance because it was over ten years old. This is in replacement of that cancelled ordinance. Included in this Bond Ordinance is a electric wire that needs to be purchased to update our electrical system.
A Motion was made by Councilwoman Wenzel to introduce Bond Ordinance 2008-21(1049). The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Public Hearing and Final Adoption scheduled for September 22, 2008.
ORDINANCE NO. 2008-22(1050) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 90 OF THE BOROUGH CODE, ENTITLED “ZONING” SO AS TO CHANGE ARTICLE V, RESIDENCE DISTRICT A TO AMEND 90-24.F AND TO CHANGE ARTICLE VII, RESIDENCE DISTRICT C TO AMEND 90-44.F
Mr. Parlow stated that this Ordinance was a request from Planning Board in reference to requiring corner lots certain setbacks.
Mayor LaCicero stated that he is not comfortable with this Ordinance until he goes out and looks at these lots for himself.
Councilman Lamb stated that he isn’t quite sure this is the right thing to do for these corner properties.
Councilwoman Filippone stated that this is only going to effect an existing home if they demolish it and go to build a new home.
A Motion was made by Councilwoman Wenzel to table Ordinance 2008-22 (1050) until the September 22, 2008 meeting. The Motion was seconded by Councilwoman Filippone. Vote: All Council Members were in Favor. The Ordinance was tabled until September 22, 2008.
ORDINANCE NO. 2008-23(1051) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 90 OF THE BOROUGH CODE, ENTITLED “ZONING” SO AS TO CHANGE ARTICLE V, RESIDENCE DISTRICT A TO AMEND 90-24.E AND TO CHANGE ARTICLE VI, RESIDENCE DISTRICT B TO AMEND 90-37.E AND TO CHANGE ARTICLE VII, RESIDENCE DISTRICT C TO AMEND 90-44.E AND TO CHANGE ARTICLE VIII, BUSINESS DISTRICT TO AMEND 90-49.D(2)(d) AND TO CHANGE ARTICLE IX, OFF-STREET PARKING AND LOADING TO AMEND 90-59.A.
Mr. Parlow stated that some of our applicants brought to our attention that houses cannot have any overhangs in the front yard setbacks. This Ordinance amends the previous Ordinance providing at least a 1 ft. setback in the front yard setback.
A Motion was made by Councilwoman Filippone to introduce Ordinance 2008-23(1051). The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Public Hearing and Final Adoption scheduled for October 20, 2008.
ORDINANCE NO. 2008-24 (1052) ORDINANCE OF THE BOROUGH OF LAVALLLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 90 OF THE BOROUGH CODE, ENTITLED “SITE PLAN REVIEW” SO AS TO REVISE SECTIONS 53A-5 ENTITLED “APPROVALS REQUIRIED”, 53A-11 ENTITLED APPLICATIONS FOR DEVELOPMENT; PROCEDURE”, 53A-15 ENTITLED “STANDARDS AND REGULATIONS”.
Mr. Parlow stated that the County needs to approve our Stormwater Management Plan. They reviewed the Stormwater Management Plan, the Stormwater Control Ordinance and the Site Plan Ordinance and made a number of small modification that are included on Ordinance 1051 and 1052.
A Motion was made by Councilwoman Wenzel to Introduce Ordinance 2008-24(1052). The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Public Hearing and Final Adoption scheduled for October 20, 2008.
COMMUNICATIONS:
Legal:
a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Bicycles on the Boardwalk
Issue/Borough Ordinances 7-10 (Q) & 9-1/Received August 11, 2008-Council President Zalom thanked Mr. George for all his legal help with this issue. She stated that the State is very concerned about the Bicycle issue also. They have given $50,000,000 towards grants for this problem.
b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Bernadette Stanton v. Borough of
Lavallette/Received August 19, 2008
c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Lavallette COAH Obligations/Received August 6, 2008
d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./
New Jersey League of Municipalities:
a) Increase in Gas Rates/Received August 4, 2008
b) New Jersey Urban Real Estate Conference/Received August 4, 2008
c) Economic Development Workshop at Rutgers, September 12, 2008/Received August 7, 2008
d) League Motion before COAH/Received August 13, 2008
e) Important New Information from the Division of Local Government Services/Received August
14, 2008
f) Important New Information from the Division of Local Government Services/Received August
20, 2008
g) Call for Nominations-Seventh Annual Innovation in Governance Awards/Received August 26,
2008
h) Affordable Housing/COAH Update/Received August 29, 2008
i) Energy Price Rise Resolution/Received August 28, 2008
j) The New Jersey State Police Office of Emergency Management at the Direction of Acting Governor Dick Codey Has Asked Me To Make This Executive Order Available To You/Received September 3, 2008
k) New Law Limits Power of Municipality to Impound Shopping Carts/Received September 4,
2008
General With No Action
a) Friends of Addiction Recovery New Jersey/Jeanette Grimes, Community Organizer/19th Annual Celebration of National Alcohol and Drug Addiction Recovery Month/Received August 1, 2008-Council President Zalom stated that she thinks Municipal Alliance would be interested in this.
b) State of New Jersey/Department of Environmental Protection/Barry Chalofsky, P.P. Chief/2008 Governor’s Environmental Excellence Awards/Clean Water New Jersey Program Categories/Received August 1, 2008
c) County of Ocean/ Office of Senior Services/D. Jane Maloney, Executive Director/Economic Stimulus Payment/Received August 1, 2008-Council President Zalom stated that anyone in town who did not fill out the proper paperwork for this payment should do so immediately.
d) State of New Jersey/Department of Community Affairs/Lawrence Petrillo, State Fire Marshal, Director/Monies from Fines collected by the State from facilities located in the Borough for failing to abate Uniform Fire Code violations/Received August 1, 2008
e) Cablevision/Tricia Kaminski, Assistant to Government Affairs/Tarriffs effective as of August 1,
2008/Received August 4, 2008
f) New Jersey League of Municipalities/William G. Dressel, Jr., Executive Director/Annual Audit Statement from July 1, 2007 thru June 30, 2008/Received August 5, 2008
g) The Tone Foundation/Robert Agliata, Event Co-Chair/thank you letter for the Mayor and Council’s support with the Breast Cancer Walk/Received August 6, 2008
h) Ocean County/Department of Solid Waste Management/Ernest J. Kuhlwein, Jr., Director/Ocean
County Use and Revenue Share/Received August 6, 2008
i) Jersey Central Power & Light/Sally J. Cheong, Manager, Tariff Activity Rates/Annual
Universal Service Fund Compliance Filing/Received August 6, 2008
j) Gerald Grayce, Construction Official/letter of resignation/Received August 6, 2008
k) Cablevision/Adam E. Falk, Vice President/Only the use of Digital Cable Boxes/Received August 11, 2008
l) Lavallette Elementary Students/thanking the Borough for letting them help out with the painting of the signs/Received August 11, 2008
m) State of New Jersey/Department of Environmental Protection/Nancy Wittenberg, Assitant Commissioner/Notice of Public Hearing for the Proposed FFY 2009 Priority System, Intended Use Plan and Project Priority List Document for Clean Water Financing/Received August 11, 2008
n) New Jersey Senate Democrats/Jim Manion/Sarlo Calls for 10 MPH Speed Limit for Night
Boating/Received August 11, 2008
o) Herald Newspapers/Jim Vanore/copies of pages from their November 7th issue featuring “Greetings from the Shore”/Received August 11, 2008
p) Board of Chosen Freeholders/John C. Bartlett, Jr., Freholder/extension of the third quarter tax payment due date to Tuesday, September 2, 2008/Received August 11, 2008
q) County of Ocean/David J. McKeon, Planning Director/2008 Ocean County Data Book/Received
August 11, 2008
r) County of Ocean/Annual Recycling/Solid Waste Bus Trip/John Haas, District Recycling Coordinator/Received August 18, 2008
s) Independence Tax & Bookkeeping Service, LLC/Jerry R. Skinner, Manager/2007 US Form 990, Form for the Lavallette Volunteer Fire Co. #1/Received August 18, 2008
t) Sokol, Behot & Fiorenzo/Neil Yoskin/Joseph & Mary Chyb-Approval for Variances, Case No.
7-07/Received August 18, 2008 –Mr. Parlow stated that this resident has to apply for a Cafra Permit and one of the requirements is that the town will not eliminate the two handicap spots in front of his home and will still maintain them.
u) County of Ocean/Arthur P. Burns, Supt. of Recycling Operations/July 2008 Recycling &
Compost Reports/Received August 20, 2008
v) Ansell, Zaro, Grimm & Aaron/Peter Falvo, Jr., Member/letter to ABC in reference to Lenny’s
Pizzeria’s license/Received August 11, 2008-
w) Ansell, Zaro, Grimm & Aaron/Peter Falvo, Jr., Member/revised letter to ABC in reference to
Lenny’s Pizzeria’s license/Received August 20, 2008-Councilwoman Wenzel stated that this is saying that the Crab’s Claw has changed their feeling on the 450 ft distance change.
x) New Jersey Natural Gas/Tracey Thayer, Esq./Annual Compliance Filing of NJNG to Change
the Universal Service Fund and Lifeline Rate in the Societal Benefits Charges Rates/Received
August 20, 2008-Councilman Lamb stated that the gas company seems to be raising their rates by 20%.
y) Board of Chosen Freeholders/Gerry P. Little/Freeholder/distribution of 150,000 beach grass
plants for dune planting/Received August 22, 2008 –Councilwoman Wenzel stated that the dune planting will take place November 8th.
z) The Trust for Public Land/Kathy Haake, Project Manager/Barnegat Bay 2020: A Vision for the Future of Conservation/Received August 25, 2008
aa) United States Coast Guard/Supplemental Public Notice 5-1089(a)/Received August 25, 2008
bb) Resource Control Corporation/Melanie Pyle, Project Manager/Paul Kelly’s Sunoco Service Station/Groundwater Quality Update and Remedial Action Progress Report/Received August 25, 2008
cc) Stanley Turon/former resident of Lavallette/Borough Sidewalks on Bay Blvd./Received August 29, 2008-Council President
dd) Ocean County Planning Board/Mark C. Villinger, Senior Planner/Ocean County Natural
Lands Trust Fund Status Report/August 2008/Received August 29, 2008
ee) Pescatore & Sauter/Luther G. Jones/Discriminatory Business Practices/Received August 27,
2008
ff) State of New Jersey/Department of Environmental Protection/Jamie C. Herzog, Principal
Environmental Specialist/Compliance Evaluation and Assistance Inspection/Water
Quality/Received September 2, 2008
gg) Cliff Greenwood/3 Bridle Lane, Budd Lake, NJ/complaint letter about being ticketed at the
parking lots for not having a permit/Received September 3, 2008-Mayor LaCicero stated that he spoke to Mr. Greenwood and just let him talk.
hh) Kim Pascarella, Esquire/Medical Call Out/Received September 4, 2008-Councilwoman
Filippone stated that this should go into their personnel files.
ii) NJ Department of Labor and Workforce Development/ James G. Revak, Assistant Chief/ Notice to Comply – Lifeguard Headquarters/ Received August 18, 2008-Council President Zalom stated that she was informed that Public Works will make sure this is all taken care within the allotted time that was requested.
General With Action:
a) Phil Neugebauer/11 Camden Avenue/requesting the street light in front of 9 Camden Avenue
be shielded some how because it enters his window very brightly/Received August 8, 2008-Mayor LaCicero stated that he spoke with this man already.
b) Christopher P. Lee/14 Magee Avenue/complaint letter asking for the Mayor and Chief of Police
to look into the Police Officers ticket writing/Received August 11, 2008
c) Louise C. Corporation/300 Ocean Front/Charles Cerami/questioning when repairs will start for
the project on Kerr Avenue/Received August 14, 2008-Mayor LaCicero stated that he spoke with Mr. Cerami and explained to him that the paving on Kerr Avenue is in process.
d) Clean Ocean Action/Emily Hackett, Programs Coordinator/requesting permission to perform
their fall cleanup on October 18th from 9am to 12 noon/Received August 18, 2008-This was approved.
e) New Jersey Senate/Paul Sarlo, Senator/requesting a resolution of support of the restriction of Boat speeds to 10 mph from dawn to dusk/Received August 20, 2008-Mr. Parlow stated that he will prepare a resolution opposing this.
f) Karabashian Eddington Planning Group/Peter Karabashian, Managing Partner/requesting a meeting with the Mayor to discuss a strategy to complete the COAH Certification Process/Received August 20, 2008-Mayor LaCicero stated that he needs to talk to Mr. George a
little bit more about this issue.
g) Phil Neugebauer/11 Camden Avenue/thanking the Mayor for his help but requesting the
shading of the street light be shaded a bit more towards their home/Received August 22, 2008-
Mayor LaCicero stated that he will speak to Public Works again about shading this a little
more.
h) Luke Cuccurullo/221 Newark Avenue/requesting to be a member of the environmental
committee and to maybe intern for the summer months in 2009/Received August 28, 2008-
Mayor LaCicero stated that he will put Mr. Cuccurullo a member of the Environmental
Commission but at this time we do not have any internships for 2009.
i) United States Coast Guard/Waverly W. Gregory, Jr./Chief, Bridge Administration
Branch/Public Notice 5-1122/Proposed Modification to the Regulations Governing the
Operation of the S37 Bridge, At Intracoastal Waterway (ICW), Across Barnegat Bay at Seaside
Heights, NJ/Received September 2, 2008
j) Carmella Stefanelli/23 Newark Avenue/requesting one parking spot in front of her house due to
safety conditions, especially in the summer months/Received September 4, 2008-Mayor
LaCicero stated that he spoke to Mrs. Stefanelli and will speak to the Chief about this. There
does seem to be some sort of shortness of two spaces in front of her house.
k) Robbin A. Kane/114 Reese Avenue/requesting Mayor and Council to participate in Ovarian
Cancer Awareness Month by allowing teal colored ribbons throughout the
community/Received September 4, 2008-Mayor LaCicero recognized Ms. Kane in the audience
and told her to come up and speak about her request during the Public Comment portion of the
meeting.
l) State of New Jersey/Department of Environmental Protection/requesting your attendance at the
NJ Shade Tree Federation annual meeting on October 24 & 25/Received August 25, 2008-
Mayor LaCicero stated that he cannot attend this meeting.
UNFINISHED BUSINESS:
Councilman Ardito stated that he attended the School Board meeting last week. The purpose of this meeting was to discuss what would happen if the school was to become a regional school district. What this means is that if the state decides that our kids should go to a different school in a different town our taxes would increase drastically.
Councilwoman Wenzel questioned whether the State has the ability to combine schools and what resources would we need to fight it?
Mr. George stated that the state cannot force the town to combine school systems. It would have to be agreed upon by those towns that would be involved.
Council President Zalom stated that many years ago this was already tried. It went to a referendum and Pt. Pleasant Beach voted “No” but Lavallette voted “Yes”. Back then it was if one town doesn’t want it then it can’t happen. Today, it will be the majority of the entirety of the combined towns. Lavallette would be used to fund according to our rateables.
NEW BUSINESS:
Councilman Lamb stated that he thinks there needs to be some process of immediate cleanup after all the events take place at the First Aid/Firehouse. The mess that is left there for the whole weekend until Public Works comes in on Monday is horrible. There should be some type of cleanup done right after the events are over. He also believes it should be done on the weekends in the summer. The receptacles on the boardwalk are atrocious for the weekends. We need to figure something out whether we do split hours or days for some employees at PW.
Mayor LaCicero questioned why the sponsor of the event should not be responsible for the cleanup?
Councilwoman Wenzel stated that maybe we could add some secondary receptacles up on the boardwalk and some at the First Aid during these events.
Councilwoman Filippone questioned whether we could have some employees work Saturday evenings instead of maybe Fridays.
Councilwoman Wenzel stated that not many people want to work on a Saturday night but we will try and figure something out.
Council President Zalom stated that she would like to pursue the New York Avenue light again.
Councilwoman Filippone said that was a good idea and to get all the information the Chief has on how many people crossed at that street with the Crossing Guard there.
Mayor LaCicero asked if Councilwoman Filippone could ask the Chief to get them a report on how the Crossing Guards worked out for the summer season.
Councilwoman Filippone stated that she would take care of that with the Chief.
Council President Zalom stated that Coast Cities has a bus for us to purchase in the amount of $7,000. It is a decent bus and runs well. They will take care of any necessary repairs and painting if it is needed. Chris Parlow has also been speaking with the County and trying to get us a bus also for cheaper. We spend roughly $4000 a year in renting busses for our trips so why wouldn’t we pay this one time fee of $7000 for a long period of time.
The Tennis Court shed needs a lot of work. It very dilapidated and is desperate need of some repairs. We should also think about adding a bathroom to it somehow and we would save a lot of money with the renting of the port-o-potties. Some things we need to think about during the fall and winter months.
COMMENTS FROM THE PUBLIC:
Robin Kane, 114 Magee Avenue stated that she would like to put teal colored ribbons around trees and telephone poles in town to make people aware of Ovarian Cancer. This is Ovarian Cancer Month and she also has ovarian cancer. She would make sure they were removed at the end of the month also.
Mayor LaCicero stated that he believes it is a good idea. All of Council agreed with him.
Clem Boyers, 20 Kerr Avenue stated that the way he read the letter from the Crab’s Claw attorney was that they no longer have a problem with the 450 foot buffer between the liquor license establishments.
Joseph Palinsky, 122 Washington Avenue stated that he thinks that the Public Works employees doing some work over the weekend to help with cleanup is a wonderful idea. Maybe they should get the automatic three hour overtime for the weekends they come in. Another idea would be to have some of the police enforce the problem with the dogs on the beach. If we start giving them summonses, that would be a big revenue enhancer.
Mayor LaCicero stated that maybe we should have the police patrol the beach on the weekends with the ATV and enforce the dog problem.
Councilwoman Filippone stated that she would speak to the Chief about that.
COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:
Councilwoman Wenzel stated that a Finn Whale washed up on Island Beach over the weekend. She stated that she still thinks we should pay the Mammal Stranding for their services.
Mr. Parlow stated that he has received a number of surveys back on the two hour parking. They are pretty even with wanting it and not wanting it. He is going to be preparing a report on it for the parking committee meeting on September 10th. The Borough will need to get DOT approval with concurrent regulations.
He also received quotes on the new plaque for Ralph Gorga. The price would be roughly $360.00 for a higher quality weather resistant plaque. He does have enough money in the Administration Budget to purchase the plague.
Mayor LaCicero asked if that would be okay with all of Council. All Council Members were in favor of purchasing the plaque.
Mr. Parlow spoke about the gas budget. He did some calculations and does not believe there will be enough funds in the fuel budget to cover until November. Usage is not the issue, it is the price of the gas that has caused the problem. He will be discussing the account with the CFO and will need to do an emergency appropriation for gas at the next meeting.
Mayor LaCicero stated that he has received a lot of suggestions from residents about a lot of difference situations and is very pleased with that.
The Borough still needs to deal with the dredging and the dune permit with the DEP and he will commit to these situations.
A Motion was made by Councilman Lamb to adjourn the meeting. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members were all in favor. The Motion passed.
The meeting was adjourned at 9:21 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 8th day of September 2008.
_____________________________
Christopher F. Parlow
Municipal Clerk
BOROUGH OF LAVALLETTE
(minutes)
REGULAR MEETING OF THE MAYOR AND COUNCIL
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 the troops overseas and the New Jersey National
Guard who will be deployed to
PLEDGE OF
ALLEGIANCE: Councilman
Stogdill led the Salute to the Flag.
PROCLAMATION:
The Donation of a Charcoal Drawing “Fallen Hero” by
resident Adam Douglas Houser
Mayor LaCicero honored Adam with a Proclamation from the Borough of Lavallette and thanked him for his generous gift.
MAYOR’S
WELCOMING STATEMENT:
COMMENTS FROM PUBLIC:
(Items not listed on agenda/not staying for remainder of meeting):
Peter Sturm, 1600 Ocean Front stated that there has been an increase in activity on his corner of the boardwalk. There are teenagers and adults and they are very noisy and must be drinking on the beach. He said it goes on between 11:30 pm and 1:30 am and it is very bothersome. He has called the police a number of times but by the time they get there the people have dispersed.
Mayor LaCicero stated
that he will speak to the Chief about it but don’t be afraid to call the
police as soon as you see the problem starting.
Elaine Schardien,
Lucille Jarosinski,
PRESENTATION:
Lavallette Environmental
Committee - Lee Horan
Mr. Horan gave a synopsis of the Wind Energy Symposium he attended on August 11th. He met with numerous vendors who were eager to help us out. He received a lot of information on Wind Energy and is looking forward to attending the next one on October 29th. He will give Mayor and Council all that he received there.
APPROVAL OF
MINUTES
Minutes of Caucus/Regular Meeting of
A Motion was made by Councilwoman Wenzel to approve the Minutes of August 4, 2008. The Motion was seconded by Councilman Stogdill. 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:
2008-229 authorizing the employment of three Lifeguards for the 2008 summer season
2008-230 accepting the donation of a charcoal drawing of a “Fallen Hero” from Adam Douglas Houser
2008-231 requesting the Director of the Division of Local Government Services to establish a dedicated trust by rider for uniform fire safety penalty monies pursuant to NJSA 52:27d-192 et seq.
2008-232
authorizing two applicants to attend the
2008-233 authorizing payment of a clothing allowance for the Superintendent of Public Works
2008-234 authorizing the employment of two beach badge checkers for the 2008 summer season
2008-235 authorizing the electric collector to adjust the billing amount on Block 46.01 Lot 3 due to an over read electric meter reading
A Motion was made by
Councilwoman Filippone to approve the Consent Agenda.
The Motion was seconded by Councilman Stogdill.
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:
2008-236 Bills List in the amount of $2,433,901.53
A Motion was made by Council President Zalom to approve the Bills List. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
ORDINANCES ON FOR FINAL ADOPTION/SECOND
Ordinance No. 2008-15(1043) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, SO AS TO DETERMINE POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM AS REQUIRED BY CHAPTER 92 OF THE LAWS OF 2007 (N.J.S.A. 43:15C-1 et seq.)
A Motion was made by Council President Zalom to adopt Ordinance No. 2008-15(1043). The Motion was seconded by Councilman Wenzel. The Mayor opened the Public Hearing. There was no public comment. The Mayor closed the public hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Bond Ordinance No. 2008-16(1044) BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO KERR AVENUE AND THE MUNICIPAL PARKING LOT, APPROPRIATING $200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $50,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY
A Motion was made by Councilwoman Filippone to adopt Bond Ordinance No. 2008-16(1044). The Motion was seconded by Councilwoman Wenzel. The Mayor opened the public hearing. There was no public comment. The Mayor closed the public hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Bond Ordinance No. 2008-17(1045) BOND ORDINANCE PROVIDING FOR THE PURCHASE OF A SANITATION TRUCK AND IMPROVEMENTS TO PARKS AND PLAYGROUNDS, APPROPRIATING $185,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $175,750 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREFOR, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY
A Motion was made by Councilwoman Wenzel to adopt Bond Ordinance No. 2008-17(1045). The Motion was seconded by Councilman Stogdill. The Mayor opened the public hearing. There was no public comment. The Mayor closed the public hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Capital Ordinance No. 2008-18(1046) CAPITAL ORDINANCE PROVIDING FOR THE PURCHASE OF A CARGO VAN FOR THE ELECTRIC UTILITY, AND APPROPRIATING $20,000 THEREFOR, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY
A Motion was made by Councilwoman Wenzel to adopt Capital Ordinance No. 2008-18(1046). The Motion was seconded by Council President Zalom. The Mayor opened the public hearing. There was no public comment. The Mayor closed the public hearing. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
UNFINISHED BUSINESS:
NEW BUSINESS:
Councilman Ardito stated that the Ralph Gorga sign on the boardwalk has been vandalized. He suggests that we replace it with a new one.
Councilwoman Filippone requested that we replace it with a much sturdier
sign that will hold up better.
She doesn’t think replacing it with the same type of sign is a good idea.
Mr. Parlow stated that he will get a couple different prices on different signs and get back to Council with some ideas.
Mr. Parlow stated that he needs three motions from Council. The first one is provide authorization to the administrator to hire various positions in the Construction Office. The second is to provide authorization to go out to bid for a sanitation truck and the third is to provide authorization to go out to bid for lumber to complete the boardwalk project.
A Motion was made by Councilwoman Wenzel to authorize the Administrator to hire various positions in the Construction Office. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
A Motion was made by Councilwoman Wenzel to authorize the Administrator to receive bids for a sanitation truck. The Motion was seconded by Councilman Stogdill. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
A Motion was made by Councilwoman Filippone to authorize the Administrator to receive bids for lumber for the boardwalk project. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Councilman Ardito stated that the Borough’s street lighting bills is very costly. We should maybe start thinking about solar lights for these street lights. Maybe we can ask a company if we could try one for free to see how it works.
Councilwoman Wenzel stated that she suggested months ago to have solar lights on the boardwalk.
Councilwoman Filippone stated that we would need to check out the price of the batteries as well.
Councilman Lamb questioned whether there has ever been an actual assessment of the lighting in the Borough. We should do some kind of assessment in regards to our lighting for our buildings.
Councilman Ardito stated that he witnessed the quad vehicle riding to the beach on the streets. They are not supposed to be on the streets. They should use a trailer to bring the quad to the beach. Lastly, he asked for an update regarding the Planner for the Planning Board.
Councilwoman Filippone stated that the Planning Board hired a Planner and he attended the special meeting of August 13th. The meeting was open to the public and there were some people in the audience. The next meeting is scheduled for September 10th and that is when he will give some recommendations on the two Ordinances we discussed.
Councilwoman Zalom stated that she is going to be
the Beach Sweeps Captain for
COMMENTS
FROM THE PUBLIC:
Clem Boyers,
Mayor LaCicero stated that whatever is there now is what is going to go back. They cannot determine which ones should or shouldn’t be there.
Mr. Boyers also questioned where we are at with the dredging situation?
Mayor LaCicero stated that he is going to schedule a meeting with the County to discuss which areas are the highest priority and which ones can be done later.
Mr. Boyers questioned where the sand will go once it is dredged?
Mayor LaCicero stated that it has been determined yet. Once dredged the quality of the sand would need to be determined in order to see where it should be placed. Some options are the bay beach, the WPI beach, and maybe the ocean beaches but it is still early to determine as of yet.
Mr. Boyers recommended maybe using the Yacht Club beach also.
Joe Farfalla,
Mr. Farfalla questioned whether the public will be able to ask the Planner questions at the September 10th Planning Board meeting?
Councilwoman Filippone stated that she does not run the meeting. He would have to contact the Planning Board chairman.
COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:
Councilwoman Wenzel stated that the Council’s decision to go out for RFP’s for the auditor each year was a good decision.
Councilwoman Wenzel reported that the local chapter of the Rolling Thunder was in town on Saturday fundraising for the war veterans. They were disappointed that they didn’t get to see the Mayor but gave her a t-shirt to give to him.
Council President Zalom thanked the Fire Department, especially Mike Phillips, for a job well done with Art Anderson’s Memorial Service. It was very emotional. He worked for the Borough for thirty years and was a Lavallette Fireman for forty years.
Council President Zalom thanked the children for
the painting of the street-end signs.
The WPI Golf Tournament was a success once again.
She asked everyone not to forget to attend the Pancake Breakfast at
the Union Church. She also
thanked the Public Works Department for their prompt response with
reinforcing the telephone pole located on
Councilman Ardito complimented Mr. George on his efficient documentation.
EXECUTIVE
SESSION:
Mr. George stated that there is a need to go into Executive Session. Some of the matters to speak about are the Toscano and DEP litigation. He also stated that there may be action taken after the executive session.
A Motion was made by Councilwoman Filippone to go
into Executive Session.
The Motion was seconded by Councilman Stogdill.
Vote: All Council Members were in Favor.
The Motion passed. The
meeting was adjourned to go into Executive Session at
A Motion was made by Council President Zalom to resume regular session. The Motion was seconded by Councilwoman Wenzel. Vote: All Council Members were in Favor. The Motion passed. The regular meeting resumed at 8:46 pm.
Mr. George explained that there were two issues
that were discussed. One was an
offer of judgment in the Toscano litigation. The Borough will not be
offering that at this time.
The other was the update in regards to the DEP negotiations. The DEP wishing to negotiate separately from the IP. Also discussed, as requested last meeting, was the question of enforcing people who are damaging or climbing on the dunes. There was no action taken on any of these matters and no other matters were discussed..
ADJOURNMENT:
A Motion was made by Councilwoman Wenzel to adjourn the meeting. The Motion was seconded by Councilwoman Filippone. Vote: All Council Members were in favor. The Motion passed.
The Meeting was adjourned at 8:48 pm.
CERTIFICATION
I, Christopher F. Parlow, Municipal Clerk of the
Borough of Lavallette,
_____________________________
Christopher F. Parlow
Municipal Clerk
BOROUGH OF LAVALLETTE
(MINUTES)
CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL
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 Arthur
Anderson who past away the night before.
He was a long time resident and worked for the Department of Public
Works for 28 years before retiring in 1995.
PLEDGE OF
ALLEGIANCE: Councilman Lamb led us in the
Salute to the Flag.
COMMENTS
FROM PUBLIC (Items not listed on agenda / not staying for remainder of
meeting)
At this time, Mayor LaCicero asked anyone in the
audience who wished to speak about anything that was not on the agenda or
didn’t wish to stay for the entire meeting could speak now.
Pat Marrone, 11 Elizabeth Avenue-Friends of Lavallette Beautification-We have purchased ninety eight benches in three years. There seems to be a problem, mostly in front of the Crab’s Claw, of moving of benches. This has become a very big problem because the bench that is supposed to be in front of the Crab’s Claw was purchased by the Carbone Family to be put there because their parents honeymooned at the Lavallette Hotel. Some employees of the Crab’s Claw keep moving Mr. Bertoni’s bench in front of there because he was a longtime employee of the Crab’s Claw. This has become a big problem. She asked if there is anything the Borough could do to try to stop this since the benches are now Borough property. She suggested that either the benched could be bolted down or charges could be filed against the people who as moving the benches.
Councilman Ardito questioned why the benches aren’t bolted down already.
Councilwoman Wenzel stated that the benches can not
be bolted down because they are located on a
Mayor LaCicero stated that it will be looked into further by the attorney and the Police Department.
Jason Stender, Ortley Beach-Liquid Action- Thanked
the Mayor and Council for their help with the Wakeboard Competition.
He stated that it was a great day and everyone enjoyed it.
He thanked the Fire Department, Police Department and the First Aid
for their help and support. They
had a great day and it was successful.
He hoped to see everyone again next year.
APPROVAL OF
CLERK’S MINUTES
Regular Minutes of
A Motion was made by Councilwoman Filippone to
approve the Minutes of
REPORTS:
a) Police Overtime Report for July-Councilwoman Filippone-read from report
b) Public Works Report for July-Councilwoman Wenzel-read from report
c)
Public Affairs Report-Council President Zalom-The movie “Greetings
From the Shore” is in the magazine NJ Voice and NJ Monthly Magazine.
It’s nice to see scenes from Lavallette.
She reminded all about the Circus in
d) Municipal Court Report for July-Councilwoman Filippone-read from report.
e) Animal Control Report for July-Councilwoman Filippone-read from report
f) Planning Board Report for July-Councilwoman Filippone-One case with a swimming pool was withdrawn because a solution was found and no variance needed. Mr. Parlow stated that there was a renovation on an ocean block home that was over ground coverage. The other case was a modification to an approval from 2007 that was granted.
g) Beach Badge Sales Report for July-Councilman Lamb-read from report
h) Zoning Report for July-Councilwoman Filippone-read from report
i) Tax Account Status Report for July-Tax Collector
j) Revenue Transaction Report for June-CFO
k) Water and Sewer Infiltration Report-Second Quarter 2008-Councilman Ardito-read from report
l) Construction Report for July-Councilwoman Filippone-read from report
A Motion was made to approve the Tax Account Status Report and Revenue Transaction Report 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.
PUBLIC
COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS:
RESOLUTIONS
– ON CONSENT:
2008-211 authorizing a recycling tonnage grant application for 2008
2008-212 in opposition to offshore liquid natural gas port facilities in the NJ/NY clean ocean zone
2008-213 authorizing the cancellation of unexpended and dedicated balances of the Electric Capital Appropriations-Mr. Parlow stated that this is to cancel funds that have exceeded their ten year life expectancy for the upgrade of electrical distribution system. There is a need to cancel these funds and create a new bond ordinance.
2008-214
authorizing the execution of an addendum to the contract with Earle
Asphalt Company for the road improvements on
2008-215
proclaiming
2008-216 authorizing the employment of a beach badge checker for the 2008 summer season at an hourly rate of $8.50
2008-217 endorsing S-1976/A-2982, an increase in state police surcharges to defray costs of local police services
2008-218
authorizing the Borough of Lavallette to hold a municipal auction for
the sale of certain personal property pursuant to N.J.S.A. 40A:11-36-Mr.
Parlow stated that this auction is for certain items that have not been
claimed. This auction will take
place on August 20th at
2008-219 accepting and approving the 2007 Audit Corrective Action Plan-Mr. Parlow stated that there were two comments in this year’s audit. One is in reference to our electric cash balances, which is being corrected by one of the resolutions on tonight’s agenda. The other comment is in reference to using the correct electric rates.
2008-220 authorizing the acceptance of a donation to the Lavallette Beach Patrol from the Lavallette Booster Association of a 2008 John Deere Gator for use on the beach by the Lifeguards
2008-221 authorizing the cancellation of $134,494.30 unexpended funds from the Electric Capital Improvement Fund- Mr. Parlow stated that this is from the electric power feeders and will go on for the 2009 budget.
2008-222 authorizing the cancellation of unexpended and dedicated balances of the Water Capital Appropriations- Mr. Parlow stated that this is to cancel $30,000 in balances still in the water capital fund.
2008-223
certifying to the Local Finance Board of the State of
2008-224 authorizing the award of contract for cellular telephone facilities lease consultancy-
Mr. Parlow stated that we have awarded the contract to FSD Enterprises with a
$3,000.00 retainer.
2008-225 approving the submission of a grant application and execution of a grant agreement with the New Jersey Department of Transportation for Bond Avenue Road Improvements
2008-226 approving the submission of a grant application and execution of a grant agreement with the New Jersey Department of Transportation for New Brunswick Avenue Road Improvements
2008-227 authorizing the cancellation of unexpended and dedicated balances of the General Capital Fund
Open Public Comment (Resolutions / Vouchers)
Mayor LaCicero opened the floor to public comments on resolutions and vouchers.
There was no public comment.
Mayor LaCicero closed the public comment portion.
Councilwoman Filippone stated that the hiring of this consultant is to find companies with the best bid specs.
Mr. Parlow stated that this consultant is going to prepare the specs and assist the Borough in the process.
A Motion was made by Councilman Lamb to approve the Consent Agenda. The Motion was seconded by Councilwoman Wenzel. 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:
2008-228 Bills List in the amount of $953,778.28
A Motion was made by Councilwoman Filippone to approve the Bills List. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
SECOND READING/ADOPTION OF ORDINANCE:
ORDINANCE NO. 2008-14 (1042) - 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 A RESIDENTIAL PARKING PERMIT PROCEDURE AND FOR FEES FOR RESIDENTIAL PARKING PERMITS.
A Motion was made by Councilwoman Wenzel to adopt Ordinance No. 2008-14(1042). The Motion was seconded by Councilman Stogdill.
Mayor LaCicero opened the public hearing.
Robert Marra, 102 President Avenue thanked Mayor and Council for this permit. He still thinks the tags should be transferable and thinks the cost of $250 is still too high but he will take what he can get.
Lach Cameron, 115 President Avenue questioned how the citizens were going to be notified that this was going to take place?
Mr. George stated that the fact is that the street parking is public parking and the Borough does not have to inform the residents ahead of time.
Councilwoman Wenzel stated that Section C of this Ordinance does try to accommodate the residents.
Mr. Parlow stated that they will notify the adjacent property owner’s and ask them if they have any problem with their spot out in front of their house to a property owner who does not have a driveway.
Mr. George stated that the burden will be on the person in need of the parking space to notify their neighbors.
Councilwoman Filippone stated that this is a maximum of fifteen properties in town that qualify with only three of these spaces not being directly in front of their homes.
Mayor LaCicero closed the public hearing
Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
INTRODUCTION OF ORDINANCES:
ORDINANCE No. 2008-15 (1043) - ORDINANCE OF THE
BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY SO AS TO
DETERMINE POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM
AS REQUIRED BY CHAPTER 92 OF THE LAWS OF 2007 (N.J.S. 43:15C-1 et seq.).
A Motion was made by Councilwoman Wenzel to introduce Ordinance No. 2008-15 (1043). The Motion was seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Mr. Parlow stated that this ordinance is required by the State and is in reference to the newly created defined contribution retirement program. All municipalities are required to create an ordinance to enroll certain positions in this plan. Newly elected officials are automatically required to enroll in the new plan. The only other positions that qualify are the Borough Administrator and the Municipal Judge.
Public Hearing and Final Adoption are scheduled for
BOND ORDINANCE No. 2008-16 (1044) - BOND ORDINANCE
PROVIDING FOR IMPROVEMENTS TO KERR AVENUE AND THE MUNICIPAL PARKING LOT,
APPROPRIATING $200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $50,000
BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND
BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY
A Motion was made by Councilwoman Wenzel to introduce Ordinance No. 2008-16 (1044). The Motion was seconded by Councilman Lamb. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Mr. Parlow stated that this is the Bond Ordinance
required to perform road improvements to
Public Hearing and Final Adoption Scheduled for
BOND ORDINANCE No. 2008-17 (1045) - BOND ORDINANCE PROVIDING FOR THE PURCHASE OF A SANITATION TRUCK AND IMPROVEMENTS TO PARKS AND PLAYGROUNDS, APPROPRIATING $185,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $175,750 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY
A Motion was made by Councilwoman Wenzel to introduce Ordinance No. 2008-17 (1045). The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Mr. Parlow stated that this Bond Ordinance is to purchase a garbage truck and for improvements to the Washington Avenue Playground. Mr. Parlow reported that the Police 4x4 can not be included in the bond ordinance and must be funded through the Police operating budget.
Councilwoman Filippone stated that she spoke to the Chief and he will be able to lease under state contract the 4x4 or a car.
Councilman Lamb questioned whether a garbage truck is absolutely needed right now?
Mr. Parlow stated that with the increase in recycling another garbage truck will make the schedule a lot easier for the town.
Public Hearing and Final Adoption Scheduled for
CAPITAL ORDINANCE No. 2008-18 (1046) - CAPITAL ORDINANCE PROVIDING FOR THE
PURCHASE OF A CARGO VAN FOR THE ELECTRIC
UTILITY, AND APPROPRIATING $20,000 THEREFOR, AUTHORIZED IN AND BY THE
BOROUGH OF LAVALLETTE, IN THE
A Motion was made by Councilman Stogdill to introduce Ordinance No. 2008-18 (1046). The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Ardito, Wenzel, Zalom, Stogdill, Filippone and Lamb voted Yes. The Motion passed.
Mr. Parlow stated that the Electric Department has an old cargo van that is not operable. A new one should be more efficient for that department.
Public Hearing and Final Adoption Scheduled for
COMMUNICATIONS:
Legal:
a)
Eric M. Bernstein & Assoc., LLC/Philip G. George,
Committee/Copy of Complete
Petition/Received
b)
Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Public Power
Association of New Jersey/Request
for Interpretation of Waiver Request/Received
c) Carluccio, Leone, Dimon, Doyle & Sacks, LLC/Bay Beach Way/Order of Final
Judgment/Received
d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Gallo v. Borough of Lavallette Water
& Sewer Utility, et al./Received
e) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Gallo v. Borough of Lavallette Water
and Sewer Utility/Plaintiff’s Interrogatories and Supplemental Interrogatories/Received July
29, 2008-Mr. George stated that this is the beginning of the litigation process. Councilman
Ardito questioned if this could be lengthy and costly? Mr. George stated that it is quite possible
but he anticipates that it should be resolved quickly.
f)
Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./
Bids/Received
Engineering:
a)
O’Donnell, Stanton &
Avenue Road Improvements/Pay Estimate
No. 2/
a)
Important New Information from the Division of Local
Government Services/Received
b)
Electric Energy Cost Containment Initiative/Received
c)
Re-adoption of Vegetation Management Regulations by the Board
of Public Utilities/Comment and Interim Requirement/Protecting the Rights of
Military Service Member Public Employees/Received
d)
Government’s Blue Ribbon Advisory Panel on Immigrant
Policy/Telephonic Hearing on
e)