Borough of Lavallette, 2009 Council Meeting Minutes January-June



	January through June 2009 Click on meeting date to drop down to the minutes. January 5, 2009 Reorganization January 26, 2009 February 9, 2009 February 11, 2009 Public Works Budget February 18, 2009 Police Budget February 23, 2009 Canceled March 9, 2009 March 18, 2009 Bid Opening March 18, 2009 Budget March 23, 2009 April 6, 2009 Vendor Lottery April 6, 2009 April 15, 2009 Budget Workshop April 20, 2009 May 4, 2009 May 18, 2009 June 1, 2009 June 15, 2009
BOROUGH OF LAVALLETTE (Minutes) REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, June 15, 2009– 7:02 pm Download as Pdf CALL TO ORDER: Mayor Walter LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone Also present: Christopher F. Parlow, Borough Administrator/Municipal Clerk Philip George, Borough Attorney Donnelly Amico, Deputy Municipal Clerk Bob Oliwa, Borough Auditor 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: The Mayor asked for a moment of silence for Vincent Marrone, who passed away over the weekend. Mr. Marrone was a former Code Enforcement Officer and Planning Board Member. PLEDGE OF ALLEGIANCE: Councilwoman Wenzel led us in the Salute to the Flag. MAYOR’S WELCOMING STATEMENT: Mayor LaCicero thanked everyone in the audience for coming to tonight’s meeting. PRESENTATION: Donation from the Lavallette Business Association towards the Fourth of July Fireworks: Dana Symington of the Lavallette Business Association presented the Borough of Lavallette with a check for $1,000.00 to go towards the fireworks. Also, Mrs. Joy Grosko presented the Borough with a check in the amount.00 from Daba Company (B & B Department Store) towards the fireworks. COMMENTS FROM PUBLIC: (Items not listed on Agenda/not staying for remainder of meeting) At this time, the Mayor asked if anyone in the audience wished to speak about any item that was not on the agenda or could not stay for the remainder of the meeting could do so now. There was no public comment. APPROVAL OF CLERK’S MINUTES: Caucus/Regular Meeting of June 1, 2009 Executive Session Meeting of June 1, 2009 of $250 A Motion was made by Council President Zalom to approve the Minutes. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed RESOLUTIONS – ON CONSENT: 2009-164 authorizing the refund of $50.00 to Leigh Garaventa for not needing our officiant services 2009-165 authorizing the seasonal appointments of the Badge Checkers for the 2009 summer season 2009-166 authorizing the seasonal appointments of the Lifeguards for the 2009 summer season 2009-167 approving the renewal of the Plenary Liquor License No. 1515-44-001-005 for License Year 2009-2010 held by J. Ralph, Inc., doing business as Cornerstone Wines and Liquors 2009-168 approving the renewal of Club Liquor License No. 1515-31-006-001 for License Year 2009-2010 held by Lavallette Yacht Club, Inc. 2009-169 approving the renewal of Plenary Liquor License No. 1515-33-002-005 for License Year 2009-2010 held “In Pocket” by Lenny’s Pizzeria Restaurant, Inc. 2009-170 approving the renewal of Plenary Liquor License No. 1515-33-003-005 for License Year 2009-2010 held by Saulwil, Inc., doing business as the Crab’s Claw Inn 2009-171 approving the renewal of Plenary Liquor License No. 1515-44-005-006 for License Year 2009-2010 held by White Whale, L.L.C., doing business as Lavallette Liquors 2009-172 consenting to the renewal of the Plenary Liquor License No. 1515-33-004-013 for License Year 2009-2010 held by Sherman Hospitality, L.L.C., doing business as Gabriella’s Italian Restaurant and Pete’s Poolside Bar 2009-173 provides that the budget be read by title only at the time of the public hearing 2009-174 approving the submission of a grant application and execution of a grant agreement with the New Jersey Department of Transportation for New Brunswick Avenue Improvements 2009-175 approving the submission of a grant application and execution of a grant agreement with the New Jersey Department of Transportation for Westmont Avenue Road Improvements-Councilwoman Wenzel questioned if this was for both the middle block and the bayside block? Mr. Parlow stated that it was for both. 2009-176 revising the salary and wages paid to the Construction Code Official/Building Inspector/Plumbing Sub Code Official from an annual salary to an hourly rate 2009-177 awarding a contract for the purpose of purchasing garbage and recycling receptacles to General Recreation, Inc. under State Contract Number A59057 in the amount of $29,788.00-Councilman Lamb questioned how many garbage receptacles this was for. Councilwoman Wenzel stated that it was for 11 receptacles and stated that we need 44 to complete the highway. 2009-178 authorizing the electric collector to remove an electric account due to a change from a two family dwelling down to a one family dwelling 2009-178A authorizing the appointment of a Class II Police Officer for the 2009 summer season at an hourly rate of $9.00 2009-178B authorizing the electric collector to adjust an electric bill from $1433.65 to $82.52 due to an over read electric meter 2009-178C temporary budget appropriation A Motion was made by Councilwoman Filippone to approve the consent agenda. The Motion was seconded by Councilwoman Wenzel. Mayor LaCicero opened the floor to the public for comments on the consent agenda. Tony Minieri, 122 New Brunswick Avenue stated that he has been a strong supporter of Mayor LaCicero for many years and have spoke to him numerous times about his street problems. There is such a big pothole that every time a car hits it all the cars on the street alarms go off. We have been waiting for our street repaving for many years watching all the other streets getting repaved and wondering why we have not come up yet. Council President Zalom stated that there is a resolution already on this agenda for New Brunswick Avenue. Mayor LaCicero asked Mr. Parlow to explain the process to Mr. Minieri. Mr. Parlow stated that the resolution will go to the NJDOT and possibly the Fall of 2009 or most likely the Spring of 2010 it will be repaved. No one else in the audience had any comments on the consent agenda. Mayor LaCicero closed the floor to the Public and asked for a vote on the consent agenda. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Filippone voted Yes. Councilman Horan Abstained on Resolution No. 2009-168 and voted Yes to the rest of the consent agenda. The Motion passed. RESOLUTIONS-OFF CONSENT: There were no resolutions off consent. APPROVAL OF VOUCHERS: 2009-179 Bills List in the amount of $319,810.48 A Motion was made by Council President Zalom to approve the Bills List. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. Councilman Lamb abstained on PO #09-04030 and voted Yes on all other bills. The Motion passed. PUBLIC HEARING / FINAL ADOPTION OF THE 2009 MUNICIPAL BUDGET: Resolution Number 2009-152 - Mayor LaCicero asked Mr. Parlow to read the budget resolutions. Mr. Parlow read Resolution 2009-152, the Budget Resolution. A Motion was made by Councilwoman Wenzel to adopt the 2009 Municipal Budget, Resolution 2009-152. The Motion was seconded by Council President Zalom Mayor LaCicero stated that New Jersey Department of Community Affairs has not completed their review of the budget and therefore the budget can not be voted on and must be tabled until approval is given. Mr. Parlow stated that we can have the public hearing on the budget but cannot adopt until we get approval from the State. Mr. Oliwa stated that because we are not a self-review town this year we cannot approve our own budget. Mr. Parlow stated that he would hope that we would receive approval by the July 6^th meeting. Mayor LaCicero opened the floor for Public Comment on the Budget. Clem Boyers, 20 Kerr Avenue questioned what the cost is to him as a taxpayer. Mr. Oliwa stated that the average increase per residential property is $6.50 for the year. Mr. Boyers stated that we were supposed to have a zero increase until the LVT caused a problem. He appreciates the hard work that Mayor and Council did in trying to keep a flat budget. Councilman Lamb questioned if we could trim some of the $10,000. Mayor LaCicero questioned what would be required to trim the extra $10,000 off the budget. Mr. Parlow stated that based on the cuts that were done already we would have to start cutting services or really make it difficult to balance next year’s budget. Going any further with cuts would be detrimental to next year with the 4% cap levy. Mr. Parlow also stated that he has received notice that health benefits costs through the State Health Benefit Program could raise between 15% and 20% next year. Councilwoman Wenzel stated that we are going to have to be real creative next year. Mayor LaCicero questioned what the process would be if we wanted to make any cuts. Mr. Parlow stated that it would have to be taken out of anticipated surplus so we would not have to have a required public hearing, which would delay the approval process and the issuance of the tax bills. Delaying the tax bills will cause a cash flow. Councilwoman Filippone stated that if we reduce the budget by $10,000 then the subsequent base that we will build upon next year would be smaller and the 4% cap would bring in less dollar amounts. Mr. Parlow stated that is correct. The tax levy cap is based upon the 2008 levy and is increase 4 %. Mr. Oliwa stated that there is no carry over of an unused base. Councilwoman Filippone stated that it would be in our best interest not cut the budget any further. Councilwoman Wenzel stated that the bottom line is by doing that you are responding to politics and at the end of the day the money we collect are our taxpayers dollars and we manage them and try to manage them well and if we do not use them we put them back in the pot and come back and be used for municipal purposes again. We put together a fairly smart budget and cut what we thought we could cut and we tried really hard to reach that zero figure, but it is what it is. To go back and try to cut more we will be paying more to do that. It is not practical at all. We need to move forward. Councilwoman Filippone stated that everyone in the public needs to be clear of the dangers to cut it that close and it does not pay in the end. There was not additional public comment. Mayor LaCicero closed the public comment portion of the budget process. A Motion was made by Councilwoman Filippone to table the Adoption of the Budget until it is approved by the State. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion was passed. INTRODUCTION OF ORDINANCES: ORDINANCE NO. 2009-10 (1063) - AN ORDINANCE OF THE BOROUGH OF LAVALLETTE AMENDING CHAPTER 89 OF THE GENERAL ORDINANCES OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY ENTITLED “VEHICLES AND TRAFFIC” Mayor LaCicero asked Mr. Parlow to explain the ordinance. Mr. Parlow stated that this Ordinance is to addresses three different parking situations. One is to create a no parking area on Guyer Avenue where the Department of Public Works needs access a dumpster. Secondly, their was a request by the Chief of Police to have a handicap space in front of the entrance way to the school on Brooklyn Avenue. The third issue is to delete the regulation of the two hour parking on all of Grand Central Avenue between 9am and 6pm. Councilwoman Wenzel stated that there was also a request for a curb cut there for wheelchair access. Mr. Parlow stated that this ordinance will take care of the three minute zone for that handicap space. Councilwoman Wenzel questioned the request of the curb cut and if we are going to provide them with that also. Mr. Parlow stated that he has a meeting with the Engineer and Gary tomorrow down at Public Works so we could see if we are able to use some of that CDBG money to make that happen. A Motion to Introduce Ordinance No. 2009-10 (1063) was made by Councilwoman Wenzel. The Motion was made by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Public Hearing and Final Adoption of Ordinance No. 2009-10 (1063) is scheduled for July 6, 2009 UNFINISHED BUSINESS: FEMA – Community Rating System Program-Mr. Parlow stated that as part of our participation in the Flood Insurance Program the Borough must perform a variety of Public Outreach Projects. The Borough currently places flood insurance information in the calendar, we send it out with the tax bills and we also set up a table at Heritage Day. We also provide the information at one of our public meetings. Since the Borough of Lavallette participates in this program we have a community rating of an 8 which provides a 10% discount on flood insurance to the residents of Lavallette. He also reminded the homeowners that if their properties are not in compliance with the flood ordinance they will not receive the discount. Mr. Parlow also provided, as part and included in the agenda, a copy of the flood insurance brochure, which he read portions of. Councilwoman Wenzel stated that she spoke to the company who wants to provide fluorescent light bulbs to Lavallette residents and it sounds like a good idea. Eventually, Lavallette is going to have to participate in the disposal of them. Councilman Horan stated that he has a problem with these fluorescent light bulbs. They give off mercury vapors that are very dangerous to the public. You actually need to dispose of them in sealed containers and if they break you have to clear a room. Councilman Lamb questioned if the light bulbs create a potential hazard why should we promote them in this town. Councilwoman Filippone stated that the box they come in tells you how to dispose of them and if we just educate the public there should be no problem. She personally thinks they are a good idea. Councilwoman Wenzel stated that was what the Project Porchlight is trying to do, educate the public on the use and disposal of the bulbs to prevent a potential hazard. Councilwoman Wenzel stated that the Environmental Committee has selected an artist to paint the clam and she is Mary Jo Austin. The Committee is very excited about this. She also stated that we should be receiving our new garbage truck by the middle of next week. Councilman Horan questioned the penalties charged because it was not delivered on time. Mr. Parlow stated that we do have the authority to charge certain penalties but would suggest waiting until we receive the garbage truck and than discuss it further. Councilwoman Wenzel stated that the Environmental Committee had a meeting on Friday night about the bird and geese problems going on in town. We discussed a lot of goose management techniques. Unfortunately, the Lavallette Yacht Club did not attend. Councilman Lamb questioned how we should get rid of the geese problem. Councilwoman Wenzel stated that there are many humane techniques that we can use and she will get you the information on these techniques. We will need to do some brainstorming. She also reported that the State will be announcing the winners of the Sustainable NJ Grants from Walmart that the Environmental Committee has applied for. Council President Zalom stated that a couple of meetings ago Doug Houser a resident in town and also a teacher asked if he could run a forensic science summer camp two weeks out of the summer at the school. He attended our recreation meeting first and asked if it could be sanctioned under recreation/municipal alliance. When he requested permission from Council he never stated that it was going to be an event under recreation. She would like an okay from Council to have it be part of Recreation. A Motion was made by Council President Zalom to approve the Forensic Science Camp to be sanctioned under Recreation. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Council President Zalom stated that Seaside Heights is giving us their Senior Bus for the summer season to use for the Father Alfonse concerts but Seaside Heights has ask that we possibly store it for the summer. She asked if the Council would be agreeable to store it somewhere like the firehouse. Councilwoman Filippone questioned why all of a sudden we need to house it. Where is it stored right now? Council President Zalom stated that it is down on Public Works. Councilman Lamb stated that maybe it should be stored down at the sewer plant in Ortley Beach. Councilwoman Filippone stated that if we house it on our property than we are liable for it if something happens to it. Council President Zalom stated that she will check with Toms River Township. NEW BUSINESS: Public Power Association of New Jersey – Procurement Initiative Mr. Parlow stated that he received an email from Public Power discussing procurement issues. They provided a status report providing some different types of procurement initiatives. All they are looking for is the municipality is in favor of going forward with this buying power. Councilwoman Wenzel stated that she is very happy that we are part of this Association. Mr. Parlow stated that without this association we never would have the rates we have today. We would be way above the rates charged by the investor-owned utilities. Council agreed to support the procurement initiative. Councilwoman Filippone questioned if we had our Energy Audit yet. Mr. Parlow stated that the company has finished their audit inspections we are just waiting for the completed report. COMMENTS FROM THE PUBLIC: Clem Boyers, 20 Kerr Avenue questioned when he was going to be able to pay his utilities on line. He keeps hearing about it but nothing is being done. Mr. Parlow stated that it is going to happen before the end of the year most likely before the end of the summer. Mr. Boyers also commented that he thought Diane Turton paid for the Father Alfonse buses last year. Joy Grosko, 13 Camden Avenue wanted to compliment Britta on a wonderful meeting on Friday night. It was very informative. She attended simply because she needed a solution to the geese problem down at the gazebo with the concerts. No one wants their kids rolling around in geese yuck. Mr. Farfalla, 15 Bond Avenue stated that this whole thing with the Yacht Club causing problems with the bird quacker is just a political strategy and it is just ridiculous. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Council President Zalom stated we had a wonderful town wide garage sale. We are going to have two New York bus trips this year in December. The Battle of the Bands was a hit. The Republican Club gave two scholarships out to two high school kids from Lavallette. Councilwoman Wenzel stated that she felt she needed to comment on Mr. Farfalla’s statements. She and her family have been members of the Lavallette Yacht Club since 1965. She has always been a conservationist and she stands for proactive leadership and for Mr. Farfalla to accuse her of using politics at public meetings is a mistake. Mayor LaCicero stated that he gave out the history books to the graduates on Awards night at the school and they were very appreciative. Also, he would like to change the attire for the summer meetings to casual. Mr. Parlow stated that with the increase in the health benefits we might want to look into other options outside of the State Health Benefit Plan. In order to review the claims experience the Borough has had over the last two years the State requires a fee of $2,000.00. If we are going to consider changing plans we should really pay the fee and look at the other options out there. He does not know if those options will be less expensive or even worth looking at but our benefits right now have become expensive. Councilwoman Filippone stated that in her experience it does not pay to go outside the plan. Mr. Parlow stated that he would put it on for the next agenda and Council can make that decision then. EXECUTIVE SESSION: There was no Executive Session. ADJOURNMENT: A Motion was made by Councilwoman Filippone to adjourn the Meeting. The Motion was seconded by Councilwoman Wenzel. All of Council were in favor. The Motion passed. The Meeting was adjourned at 8:35 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 Caucus/Regular Meeting of the Mayor and Council held on the 15^th day of June 2009 _________________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (Minutes) CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, June 1, 2009 – 7:00 pm Download as Pdf CALL TO ORDER: Council President Anita Zalom, presiding ROLL CALL: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone were present. Mayor LaCicero and Councilman Lamb were absent. Also present: Christopher F. Parlow, Borough Administrator/Municipal Clerk Philip George, Borough Attorney READING OF THE OPEN PUBLIC MEETINGS ACT STATEMENT: Notice of this meeting complies with the Open Public Meetings Act. Public Notice was given to the Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: Council President Zalom asked that we keep in our thoughts those members of the National Guard that returned home this past week and those would continue to serve abroad. PLEDGE OF ALLEGIANCE: Councilwoman Filippone led the Salute to the Flag. COMMENTS FROM PUBLIC (Items not listed on agenda / not staying for remainder of meeting) Council President Zalom opened comments from the public. There was no public comment. Council President Zalom closed comments from the public. APPROVAL OF CLERK’S MINUTES Regular Minutes of May 18, 2009 Executive Session Minutes of May 18, 2009 A Motion was made by Councilwoman Wenzel to approve the Minutes. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. REPORTS: a) Planning Board Report for May-Councilwoman Filippone reported that the Board met last Wednesday and heard one case. The case involved a waiver from the flood ordinance for an expansion of the property and was granted. The case also involved the expansion of the front set back and that request was denied. The Planning Board is also discussing the use ordinance and a final draft should be completed shortly. b) Zoning Report for May-Councilwoman Filippone read the report and also reported that the Code Officer is also working additional flex hours and have found a number of property owners performing work without permits. c) Construction Office Report for May-Councilwoman Filippone read from report. d) Police Report – Councilwoman Filippone stated that there was no written police report prepared at this time but she wanted to make two comments. She thanked the Police Department and the Department of Public Works for all the work performed regarding the Memorial Day service. She also requested approval from Council for the authorization to have the Clerk asked the Department of Personnel for the listing of eligible candidates for the position of police officer. She report that there is no immediate need, but there may be a need in the near future. A Motion was made by Councilwoman Wenzel to authorize the Clerk to call for a listing of eligible candidates for the position of police officer. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. e) Animal Control Report for May-Councilwoman Filippone read report. Councilwoman Wenzel stated that she has received a number of calls regarding a stray cat problem on Jersey City Avenue. The Animal Control Officer has not been responsive and the problem is getting bad. Councilwoman Filippone and Mr. Parlow stated that they will talk to the Animal Control Officer. f) Public Affairs Report-Council President Zalom thanked the Department of Public Works and all involved in the Memorial Day service. She stated she was happy that the flag was used. She said that the Dog Walk was very successful and an 8^th grade boy won the look-alike contest. The Dog Walk has been happening for over 10 years. The Battle of the Bands is scheduled for June 13^th at the library. The PTA held their gift auction last weekend and it was very successful. She thanked Mr. Parlow for posting the letter regarding the parking legislation on the Borough’s website. The town-wide garage sale is scheduled for next weekend. Permits are $10 and the bulk garbage pickup is the following week. g) Beach Badge Sales Report for May – Mr. Parlow read the report. f) Tax Account Status Report for May-Tax Collector g) Revenue Transaction Report for April-Chief Financial Officer A Motion was made by Councilwoman Wenzel to approve the reports. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. RESOLUTIONS – ON CONSENT: 2009-154 appointing Anna Leigh Eilbacher as a temporary seasonal Public Works office helper at an hourly rate of $10.00 2009-155 authorizing the electric collector to remove one electric account due to a two family home being reduced to a single family home 2009-156 authorizing the electric collector to adjust the electric bill from $13,526.91 to $14.75 on Acct# 1150-15, 704 Grand Central Avenue 2009-157 authorizing the Chief Financial Officer to make weekly payments to PJM Interconnection for Energy Purchases. Mr. Parlow stated that as part of the managed purchasing contract the Borough is now required to make weekly payments to PJM Interconnection. 2009-158 authorizing Jeffrey Propert to create a Marriage Certificate for the Borough of Lavallette at a one time fee of $200.00 2009-159 authorizing the renewal of membership in the Ocean Joint Insurance Fund for the year 2010 2009-160 consenting to the operation of a autocab service in accordance with Chapter 60 of the Borough Code entitled “Taxicab” 2009-161 authorizing Class I training at an hourly rate of $7.15 for Mark and Michael Maestrey 2009-162 authorizing the purchase of Ocean County surplus vehicles for a $1.00 each A Motion was made by Councilwoman Wenzel to approve the resolutions on consent. The Motion was seconded by Council President Zalom. Council President Zalom opened public on the consent agenda and the bills list. There was no public comment. Vote: Council Members Zalom, Stogdill, Horan and Filippone voted Yes. Councilwoman Wenzel abstained on Resolution 2009-158 and voted Yes on all others. The Motion passed. RESOLUTIONS-OFF CONSENT: There was no resolutions off-consent. APPROVAL OF VOUCHERS: 2009-163 Bills List in the amount of $397,011.37 A Motion was made by Councilwoman Wenzel to approve the bills list. The Motion was seconded by Councilman Filippone. Vote: Council Members Wenzel, Stogdill, Horan and Filippone voted Yes. Council President Zalom abstained on bills 09-04004 and 09-04003 and Yes on the rest. The Motion passed. ORDINANCES ON FOR FINAL ADOPTION/SECOND READING: Ordinance No 2009-09 (1062) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 24 OF THE BOROUGH CODE, ENTITLED “ELECTRICAL STANDARDS” TO AMEND SECTION 24-16B, ENTITLED “GENERAL REQUIREMENTS SO AS TO REDUCE THE APPLICATION FEE” A Motion was made by Councilman Horan to adopt Ordinance No. 2009-09 (1062). The Motion was seconded by Councilwoman Filippone. Mr. Parlow explained that the only change being made to the ordinance is the application fee. The fee is changing from $4,500 to $1,500. Council President Zalom opened the public hearing. There was not public comment. Council President Zalom closed the public hearing and called for a vote Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Ordinance passed. COMMUNICATIONS: Legal: a) Graham Curtin/A Professional Association/Peter T. Donnelly/Voters & Taxpayers Association v. Borough of Lavallette/Kerwin Communications, Inc./Received May 7, 2009 b) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Voters & Taxpayers of Lavallette v. Borough of Lavallette/Received May 8, 2009 c) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Signage on Beaches and Public Structures/Received May 11, 2009 d) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Lease of Water Tower Space/Received May 12, 2009 e) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./James Cavanaugh v. Borough of Lavallette/Received May 14, 2009 f) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./New Decision Regarding Form Requirements under the Open Public Records Act/Received May 26, 2009 Engineering: a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Tennis Court Restoration//Received May 11, 2009. Councilwoman Filippone questioned the cracks that have formed on the tennis court. Mr. Parlow explained that there were two different techniques used to repair the courts. In the south court there was only crack sealing and an overlay. The cracks that have reformed will be resealed and hopefully will last for a number of years. b) O’Donnell, Stanton & Assoc./Michael O’Donnell/NJDOT Transportation Enhancement Grant Application/Grand Central Avenue Beautification Project/Received May 11, 2009. Council President Zalom thanked the engineer for obtaining the various letters of support. c) O’Donnell, Stanton & Assoc./John R. Berens, PE/Sewage Flows/Received May 11, 2009. Councilwoman Wenzel asked what the plan was the sewer flow project. Mr. Parlow stated that he would like to see a meeting arranged between the engineer, the superintendent, and council members to discuss the project. There maybe a way to cut some of the costs. New Jersey League of Municipalities: a) Mayors Forum on the Future of New Jersey’s Pharmaceutical and Medical Industry/Received April 23, 2009 b) Major Briefing on Federal Stimulus Opportunities/Received May 1, 2009 c) New Jersey Workplace Blood Drive Coalition Survey Request/Received May 1, 2009 d) Proposed Diversion of EMT Training Funds/Received May 1, 2009 e) COAH Briefings/Received May 1, 2009 f) Legislative Alert, S-2577/A-3772 – Governor Issues Conditional Veto of Age-Restricted Conversion Legislation/Received May 4, 2009 g) New York Governor Makes Mandates Relief a Major Priority/Received May 4, 2009 h) Conference on Human Trafficking in New Jersey/Received May 4, 2009 i) Stimulus Funding News Neighborhood Stabilization Program Grants Available from US HUD/Received May 5, 2009 j) Governor Corzine Announces List of Environmental Projects Eligible for American Recovery and Reinvestment Act Funding/Received May 5, 2009 k) Civil Service Emergency Rule/Received May 6, 2009 l) NJN Open House: Getting Your Message Out in New Jersey’s “New” Media Environment/Received May 6, 2009 m) Economic Recovery Update: Community Development Block Grant/Received May 6, 2009 n) NJ Supreme Court Affirms Invalidation of Sex Offender Residency Ordinances/Received May 7, 2009 o) Important Briefing on the American Recovery and Reinvestment Act and the Omnibus Appropriations Act of 2009/Received May 7, 2009 p) League Co-Sponsors Mayors Clean Communities Council Conference/Received May 11, 2009 q) Important New Information from the Division of Local Government Services/Received may 11, 2009 r) Recent Arbitration Award/Received May 12, 2009/Received May 12, 2009 s) NLC Briefs Help Local Officials Make the Most of the Recovery Act/Received May 12, 2009 t) Registration and Regulation of Convicted Sex Offenders/Received May 12, 2009 u) US Department of Energy Webcasts on Stimulus Funding Opportunities/Received May 13, 2009 v) NJ Supreme Court Rules That Tree Replacement Ordinance Valid/Received May 13, 2009 w) Healing Homes: A Road to Recovery for New Jersey Children/Received May 13, 2009 x) A-3062-Inherently Beneficial Uses/Received May 14, 2009 y) HUD Stimulus Funding for Public Housing Authorities/Received May 14, 2009 z) Binding Arbitration Award Update/May 15, 2009 aa) A-1645-Qualified Purchasing Agent/Received May18, 2009 bb) Attention Town Clerk/Received May 18, 2009 cc) Proposed Amendments to Vegetation Management Rules/Received May 18, 2009 dd) Meeting on Federal Recovery Act/Received May 18, 2009 ee) League/Site Remediation Brownfield Outreach/Received May 18, 2009 ff) First of a Series of Regional COAH Briefings/Received May 19, 2009 gg) State Budget Update/Alert: Age Restricted Housing/Received May 19, 2009 hh) Mayors Bencivengo and Persichilli To Lead League Drive for Mandates Relief/Received may 21, 2009 ii) Three Issues/Proposed Readoption with Amendments to Cable Television Rules/S-2505-The Smart Housing Incentives Act/A-1645-Qualified Purchasing Agent/Received May 21, 2009 jj) Tuesday, June 16, 2009 from Brownsfields to the Ballpark/Received May 22, 2009 kk) Important New Information from the Division of Local Government Services/Received May 25, 2009 General With No Action: a) Ocean County Planning Board/Mark C. Villinger, Senior Planner/Ocean County Natural Lands Trust Fund/Received May 1, 2009 b) Office of the Ocean County Engineer/Alan R. Rissmiller, Assist. County Engineer/Road Openings/Received May 4, 2009 c) Ocean County Utilities Authority/ Richard Kunze, Director/OCUA Surcharge First Quarter 2009/Received May 8, 2009 d) Kathy Bolger, 121 Washington Avenue/thanking the Borough for all the beautiful landscaping on Bay Blvd around the tennis courts and memorial benches/Received May 12, 2009 e) Office of the Ocean County Engineer/Frank Scarantino, Engineer/Grand Central Avenue Sidewalk Beautification Project/Received May 12, 2009 f) Cablevision/Adam E. Falk, Vice President/Launch of Boomerang Channel/Received May 12, 2009 g) Ocean County Utilities Authority/Manolito Santos, Assist. Treasurer/2008 Auditor’s Report/Received May 13, 2009 h) New Jersey’s MONOC/Financial Destruction of New Jersey’s Paramedic System/Received May 15, 2009 h) County of Ocean/Arthur P. Burns, Supt. of Recycling Operations/April 2009 Recycling & Compost Reports/Received May 18, 2009 i) New Jersey Natural Gas/Steve Rybka, Manager/Local Government Energy Audit/Received May 18, 2009. Mr. Parlow reported that the energy audit has started and the inspector were in last week. j) Fred & Judy Heim/100 Bond Avenue/thanking the Chief and the Lavallette Police Dept. for all their help over the winter months/Received May 20, 2009 k) Ocean County Depatment of Transportation Services/Public Hearing on a Proposed Transportation Program on June 18, 2009 at 1pm/Received May 20, 2009 l) Lavallette Hardware/The Shoemakers/donating of the American Flags down Grand Central Avenue/Received May 20, 2009 m) Michele Donato/Lavallette Parking Committee/Received May 21, 2009. Council President Zalom reported that nothing in the letter was discussed by the parking committee and she stated that she contacted Ms. Donato and asked her to resubmit her letter to report what the committee actually discussed. General With Action: a) Coleman Brice/requesting permission to hold a Barnegat Bay Folk and Blues Festival on September 26, 2009 at the Lavallette Gazebo/Received May 5, 2009. Mr. Parlow recommended that the Council reserve that date and request additional information regarding the days. Council agreed to secure the September 26, 2009 date. b) One Change/Project Porchlight/Charisse Tyus, Communications Coordinator/requesting permission to hold a Lavallette Bulb Distribution Event on Saturday August 8, 2009 in any area that you choose/Received May 12, 2009. Councilwoman Wenzel report that this is a non-profit organization named One Change. They are sponsoring a project called Porchlight which is funded through the State Board of Public Utilities. The group would like to come to Lavallette and distribute door-to-door CFL light bulbs. They would like to see a single day event. The date selected was August 8^th. They are seeking local support to assist in the distribution. The distribution would take two hours with lunch thereafter. Councilwoman Filippone stated that Sunday August 9^th would be a better day considering the change over that takes place on Saturdays. Councilwoman Wenzel stated that she will discuss this in more detail with One Change. Council President Zalom stated she would ask her Recreation / Alliance Committee if anyone in that committee would be interested in volunteering to assist with the program. c) Save Barnegat Bay/Kirk Tilton/Save Barnegat Bay 8K-2009/requesting the Lavallette Public Works to once again provide them with any necessary support for our race/Received May 12, 2009. Council agreed to provide support and all departments will be notified. d) Museum of NJ Maritime History/Deborah Whitcraft, Curator/President/inviting the Mayor to a tour and luncheon on June 4, 2009/Received May 11, 2009. e) E. Allen MacDuffie/Bus-1995 Ford E350 Lease Agreement/requesting we make arrangements for the bus to be transported from Coast Cities to Sansone Ford Lincoln Mercury/Received may 13, 2009. Council President Zalom reported that the bus has been transported to Sansone Ford. f) Downtown New Jersey/Beth Lippman, Executive Director/requesting the Borough of Lavallette become a member/Received May 14, 2009. Council did not see any benefit to joining the association. g) Lindsey Hunt/teacher at Lavallette Elementary School/students requesting a roller hockey rink down at the Bay/Received May 15, 2009 h) Joan Brennan/118 Brooklyn Avenue/requesting the fence at Public Works on the Brooklyn Avenue side be replaced and some landscaping/Received May 20, 2009. Mr. Parlow reported that he hopes to have the cellular antenna venders repair that portion of fence after installation. He hopes to defer the decision on this until after the installations are completed. Council asked to have property owner notified. i) Lawrence Vecchio/2100 Grand Central Avenue/annual request to use our Council Chambers on July 4^th at noon for their Association meeting/Received May 20, 2009 j) Golden Elks Pop Warner Football/R. Brett Madden, Esq./requesting use of our ball field for their practice in August, September and October evenings/Received May 20, 2009. Council agreed not to grant permission due to field maintenance issues. k) State of New Jersey/Department of Environmental Protection/requesting the Mayor’s attendance at their annual Mayor’s Roundtable on June 16, 2009/Received May 21, 2009 l) Union Church of Lavallette/Rev. Todd Condell, Senior Pastor/requesting to hold their annual worship services on the beach at Philadelphia Avenue from Memorial Day through October/Received May 22, 2009. Permission was granted. m) Lavallette Elementary School/Peter Morris/Schedule for Graduation and Awards Night/Received May 26, 2009. Council granted permission to the schedule provided. n) Save Barnegat Bay/William De Kamp Jr., Chairman/requesting some financial support from the Mayor and Council/Received May 26, 2009 UNFINISHED BUSINESS: Councilwoman Wenzel will facilitate an informational meeting regarding the geese on the ballfield and gazebo grounds and the problems the Yacht Club is experiencing. The meeting is scheduled for June 12^th at Borough Hall at 7:00 pm. Invited to attend is the Commodore of Yacht Club, Program Director for the Barnegat Bay National Estuary Program, Vice President of Conservation and Stewardship of the Audubon Society, Executive Director of Save Barnegat Bay, members of the Environmental Committee and Heritage Committee, residents, and representatives from the Sierra Club and Island Junior Baseball League. Councilwoman Wenzel also reported that she would like to see the Parking Ordinance opened to address a parking issue on Guyer Avenue and a handicap parking space on Brooklyn Avenue. Councilwoman Wenzel reported that the Garbage Truck was not delivered on time. There is a $100 per diem late penalty for failure to deliver and would like a letter sent to the vender. Councilwoman Wenzel stated that an Eagle Scout would like to prepare a video of the Bayfront and the Giant Claim deadline is June 5^th. Council President Zalom asked if the Council wanted to have tourism guide printed without the updates and only the Borough’s website updated. The cost is 1,000 brochures for $750 and 2,000 for $852. The was no support to reprint the guide without performing all the updates NEW BUSINESS: COMMENTS FROM THE PUBLIC: Clem Boyers, 20 Kerr Avenue – Mr. Boyers questioned who was to represent the Lavallette Yacht Club. Councilwoman Wenzel responded that it is up to club to decide who will attend. Mr. Boyers stated he was glad that the Council decided not to spend money on the tourism guide that was not updated. Mr. Boyers questioned why certain letters of communication from the Borough Attorney were not included in the public packet. Mr. George said that at times there are correspondence from their office that is not privileged and confidential and that will be enclosed, however, letters that are denominated as attorney / client privilege because of some pending issue is listed on the agenda as Borough correspondence for review but would not be included in the packet. Mr. George reported that the firm has not prepared a letter but on Thursday afternoon at 4:00 pm there was a conference call with the Judge in the DEP case and told him we would not pay any penalty. The Judge issued a schedule for discover and a trial date of September 29, 2009. This is not privilege but the letter has not been received. Letters such as this are listed and will become available at some point after the matters are resolved. Bill Kinney – 23 Philadelphia Avenue – Mr. Kinney was concerned about the compact fluorescent bulbs that we are encouraging to use, but they impose a responsibility to take care of the bulbs in a special way. The bulbs contain a certain mercury called quick silver. When the Public Works Department start collecting them the bulbs can break under their own weight and the mercury could end up in the storm drains and into the Barnegat Bay. In the Bay the mercury is attacked by organism and becomes an organic form of mercury that will end up in the clams. This could have serious health risks. Public Works should understand the danger involved in the handling of these bulbs. Councilwoman Filippone stated that the organization that is provided these bulbs should hand out an informational form as to how to handle and dispose of these bulbs properly. We should exercise a lot of diligence in handling these bulbs. Mr. Kinney said that the compact fluorescent bulbs will be used but it is important to have a safe way to handle the bulbs. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Councilman Stogdill reported that the reports included in the packet are from the new system and should be easier to read. Councilwoman Filippone thanked everyone for their thoughts regarding the death of her mother. She also thanked Public Works for their assistance at the Recycling Center. Councilman Horan stated that he will be attending an Alternate Energy Awareness Colloquium on June 5, 2009 in Toms River. Councilwoman Wenzel thanked Anita for the Memorial Day Program but she did not care for some of the political overtures made during the ceremony by different people. EXECUTIVE SESSION: Pending Litigation / Contract Negotiations – Beach Advertising Contract A Motion was made by Councilman Horan to enter into Executive Session with anticipated action to be taken after the session. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. Council entered in Executive Session at 8:26 pm. A Motion was made by Councilman Stogdill to return to the Regular Meeting. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. Council returned to the Regular Meeting at 8:31 pm. Mr. George stated that during the session we discussed the pending litigation and related claims in the mater of Voters and Taxpayers versus the Borough of Lavallette and Kerwin Communications. At the present time there is a resolution, number 2009-162A, before the Council authorizing the Borough of Lavallette to reimburse Kerwin Communications, Inc. the sum of ten thousand, three hundred fifty four dollars and forty six cents ($10,354.46). This is the amount of damages resulting from the rescission of the Kerwin contract, which was for beach advertisement, which was the subject of the Voters and Taxpayer lawsuit, which is still pending. This matter finalizes the resolution of all matter involving Kerwin Communications in that contract, as well as, the threatened litigation which would have resulted from the rescission of the contract based upon the terms as negotiated between the Borough and Kerwin. Therefore, you have before a motion as described to allow payment in the sum as stated for your motion. Resolution 2009-162A authorizing the Borough of Lavallette to reimburse Kerwin Communications, Inc. the sum of ten thousand, three hundred fifty four dollars and forty six cents ($10,354.46). A Motion was made by Councilwoman Wenzel to approve Resolution 2009-162A. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. ADJOURNMENT: A Motion was made by Councilwoman Wenzel to adjourn the meeting. The Motion was seconded by Councilman Stogdill. All were in favor of. The Motion passed. The meeting was adjourned at 8:33 pm. CERTIFICATION I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey do hereby attest these to be a true copy of the minutes of the Caucus/Regular Meeting of the Mayor and Council held on the 1^st day of June 2009 _________________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (minutes) REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, May 18, 2009– 7:04 pm Download As PDF CALL TO ORDER: Mayor Walter LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone Council Members Lamb and Filippone were not present. 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: The Mayor asked for a moment of silence for Olga Petitti, a long time resident and mother of Councilwoman Filippone and Kathleen Harrington who was also a long time resident. PLEDGE OF ALLEGIANCE: Council President Zalom led us in the Salute to the Flag. COMMENTS FROM PUBLIC: (Items not listed on Agenda/not staying for remainder of meeting) The Mayor opened the floor to comments from the public. There was no public comment. NEW BUSINESS: Mayor LaCicero stated that he was going to change the agenda and move the item listed on New Business to this portion of the meeting. Application from Steve’s Personal Transportation Service, LLC for an Auto Cab License in the Borough of Lavallette Michele Donato, Esq. was representing the applicant, Mr. Debree. Mr. Debree was also present. Ms. Donato stated that Mr. Debree resides at 138 Princeton with his grandmother as a full time resident. He is requesting permission to run a transportation service in Lavallette. Ms. Donato stated that the service would primarily provide transportation to the elderly to make doctor appointments. She checked the code and the first step is to get approval from Mayor and Council and that Mr. Debree must provide the Borough with his insurance documentation. She thinks this is a very good thing for the Borough of Lavallette especially since we do not provide any of those services in this town. Mayor LaCicero questioned how many vehicles will he be using and how many vehicles will he be stored at his residence. Mr. Debree stated that this service will consist of only one vehicle which is his only vehicle. He also stated that he understands that he cannot conduct business in a residential zone. Councilwoman Wenzel questioned the type of vehicle he plans to use and does he have off street parking. Mr. Debree stated that his vehicle is a 2008 Toyota Rav 4 with four doors and his property does have off street parking. Councilwoman also questioned if the vehicle was marked. Mr. Debree stated that it is marked on the license plate stating “OmniBus”. All of Council agreed that a resolution should be put on for approval at the next meeting of June 1, 2009. Mr. George stated that he has reviewed the application and it is in order. A formal resolution should be on the next meeting for approval. Mrs. Donato thanked Mayor and Council for moving on this. INTRODUCTION OF THE 2009 MUNICIPAL BUDGET: Resolution Number 2009-152 Mr. Parlow read Resolution Number 2009-152 in full. Mr. Parlow stated that an additional $10,000 has been added to the budget to fund the settlement of the beach advertising contract and the LVTA lawsuit. Therefore, the tax rate will be 25.8, which is increase by .1 cent. He reported that a property assessed at $650,000 will have a $6.50 increase in property taxes. A Motion was made by Council President Zalom to introduce the 2009 Budget. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The motion Passed. Mr. Parlow stated that this budget will be published in the Ocean Star on June 5, 2009 and the Public Hearing and Final Adoption of the 2009 Municipal Budget is scheduled for June 15, 2009 APPROVAL OF CLERK’S MINUTES: Caucus/Regular Meeting of May 4, 2009 Executive Session Meeting of May 4, 2009 A Motion to approve the Minutes was made by Councilwoman Wenzel. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. RESOLUTIONS – ON CONSENT: 2009-140 authorizing the appointments of seasonal laborers for the Lavallette Public Works Department for the period commencing May 19, 2009 through October 31, 2009 2009-141 authorizing the acceptance of two 2009 Hyundai Sante Fe’s free of charge from Lester Glenn Hyundai to be used by the Lavallette Police Department for a period commencing May 1, 2009 through September 8, 2009 2009-142 authorizing the seasonal appointments of the tennis court attendants for the 2009 summer season 2009-143 authorizing the submission of a grant application under the New Jersey Department of Transportation – Transportation Enhancement Program entitled Grand Central Avenue Sidewalk Beautification Program-Councilwoman Wenzel questioned whether the Belgium block was removed from this program. Mr. Parlow stated that it was removed. 2009-144 committing the Borough of Lavallette to maintain the improvements for the Grand Central Avenue Sidewalk Beautification Program 2009-145 authorizing the approval to submit a grant application and to execute a grant agreement with the NJ Department of Transportation for the 2010 Bikeway Grant-Mr. Parlow stated that this grant will help pay for some of the bike safety cards, the bicycle signs around town and the painted bicycles on the shoulder of the roads. 2009-146 authorizing the CFO to refund an overpayment on taxes in the amount of $1,157.65 to Edward and Frances Bakker who resides at 130 Newark Avenue 2009-147 authorizing the seasonal appointments of the beach badge checkers for the 2009 summer season 2009-148 continued support for the passage of S-1082 and A-2775 which would permit a municipality the ability to determine permissible parking distances from intersections, crosswalks and “stop signs”-Council President Zalom stated that she was going to draft a letter together for our residents to send to our legislators to support this bill. Mayor LaCicero asked Mr. Parlow to get a list of Transportation Committee members so we can email them directly. 2009-149 authorizing the placement of a Planet Aid collection box at the Lavallette Recycling Center 2009-150 authorizing the Chief Financial Officer to deposit funds in the amount of $1,988.17 from the Electric Operating Fund into the PJM Black Rock Account- Mr. Parlow stated that this is strictly to open an account with the PJM not a payment of any kind. 2009-151 authorizing the appointments of Class I Officers for the 2009 Summer Season 2009-152A authorizing the application for a social affairs permit to the Lavallette PTA for their Gift Auction to be held on May 30, 2009 at St. Pio of Pietrelcina Parish Hall. The Mayor opened the floor to the public for any comments on the consent agenda and the bills list. Clem Boyers, 20 Kerr Avenue questioned Resolution No. 2009-150. He asked if this is just to open an account in order to participate. There is no payment or fees required to participate just an opening of an account. Mr. Parlow stated that was correct. This money is just to open an account for us to participate. There was no other public comment. The Mayor closed the floor to the public for any comments and asked for a vote. A Motion was made by Councilman Stogdill to approve the Consent Agenda. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. RESOLUTIONS-OFF CONSENT: There were no resolutions off consent. APPROVAL OF VOUCHERS: 2009-153 Bills List in the amount of $433,794.89 A Motion was made by Councilwoman Wenzel to approve the Bills List. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. ORDINANCES ON FOR INTRODUCTION/FIRST READING: ORDINANCE NO. 2009-09 (1062) ORDINANCE OF THE BOROUGH OF LAVALLLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 24 OF THE BOROUGH CODE, ENTITLED “ELECTRICAL STANDARDS” TO AMEND SECTION § 24-16B. ENTITLED “GENERAL REQUIREMENTS” SO AS TO REDUCE THE APPLICATION FEE. Councilman Horan stated that the application fee for installing self-generation is being modified from $4,500 to $1,500. A Motion was made by Councilman Horan to Introduce Ordinance No. 2009-09 (1062). The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. Public Hearing and Final Adoption of Ordinance No. 2009-09 (1062) is scheduled for June 1, 2009 UNFINISHED BUSINESS: Personalized Marriage Certificate Councilwoman Britta Wenzel stated that when the Borough put a fee on the gazebo of $200 the Council discussed the possibility of coming up with some type of personalized marriage certificate for the couple in addition to their legal license. She had an artist that she knows make a rendering of a certificate. She stated that the artist is requesting a $200 fee for his artwork. Mayor and Council were in agreement to have a resolution on for approval at the next meeting. NEW BUSINESS: COMMENTS FROM THE PUBLIC: The Mayor opened public comment. Clem Boyers, 20 Kerr Avenue questioned why Council could not keep the budget flat. He asked if it was because of the LVT lawsuit and having to pay Kerwin Communications $10,000 because of the contract being cancelled. Mayor LaCicero stated that that was the reason why the budget was increased. He stated that he could not comment on the pending lawsuit but stated that when the lawsuit is settled he will let the residents know the whole story. Mr. Boyers stated that he thought it was a shame that LVT had to screw around with our tax money. There was no other public comment. The Mayor closed the public comment portion of the meeting. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Councilwoman Wenzel stated that Friday was the final day of reconstructing the boardwalk. We are going to have a commemorative photo op on Wednesday, May 20^th at 1:00 pm up on the boardwalk where we will hammer the last golden nail. She stated that the Borough has received their giant clam and the deadline for the artwork is June 5^th. She also stated that she would like the Administrator to send two thank you letters to the Lavallette Hardware for the donation of the flags lining the highways and the Lavallette Heritage Committee for the repairs of the flagpole and stonework down at the park. She would like to also report that the Public Works has purchased a rolling magnet to pick up the nails surrounding the boardwalk; therefore, we should not have anymore problems with nails on the beach. She would like to set up a meeting with the Firehouse and the Public Works Department. in reference to the cleaning of their bathrooms. We are going to need to set up some type of schedule because our janitor is only part time and we do not want to pay him overtime. Councilman Horan stated that there was a meeting with Public Power on Thursday, May 14^th. We received RFP prices for the years 2011 and 2012. Those prices were significantly higher than the price we received for 2010, so those prices were rejected. We did lock in our 2010 price at $72.42 per megawatt and it was approximately 12% lower than the current rate we are currently paying. The annual savings since we went to the managed contract is approximately $294,000 annually. The towns that chose to use the traditional all inclusive price have seen a 10 to 12% increase. Council President Zalom stated that the plantings down at the tennis courts look absolutely beautiful. It was nice to see a lot of our children in Lavallette helping out. We are going to bring back our horseshoe pits so if you want to play you can get the shoes at the hut. She reminded everyone about the Memorial Day Services on the 25^th at 11:00 am. We are going to have a wonderful speaker, Mr. Joseph Monti. The First Aid is providing the refreshments once again. The annual dog walk is scheduled for May 30^th and our Townwide Garage Sale is going to be on June 6^th & 7^th with cleanup on June 8^th. Nick Zegar our Eagle Scout will be placing at least seven dog waste receptacles around town. She also discussed the Tourism Guide. She reported that the guide was supposed to be updated for this year has not been done due to some family issues with the person who sets it up. We could just print the guides “as is” without the upgrades. She asked Council for advice. Councilwoman Wenzel stated that there have been a lot of changes in the last couple of years with our business district and she would like to see it distributed with the updates. She would like to see how many were ordered last year and how much it cost and then discuss it. Councilman Stogdill stated that there is a baseball camp that is going to be in town this year. They have provided the Borough a baseball glove, as well as, some gift certificates. He recommended that they be giving to the Lavallette PTA for use at their Gift Auction. Mr. George stated that it is not a legal issue because the donations were provided after permission was granted to use the fields. Mayor LaCicero stated that there was a lot going on here over the weekend. The Catholic Church was ordaining ministers, there was a wedding at the gazebo and there was a bike tour. There was also some type of triathlon practicing going on in the water. He commented that this is when you know that the nice weather is here and summer is coming. Mr. Parlow stated that there is a substantial amount of delinquents in electric, water and sewer. We have a shut off policy in our code book that says to discontinue services after thirty days of non payment. Some of these accounts have not paid since 2008. He just wanted to let Council know that we are going to be shutting off some services very soon. Councilwoman Wenzel stated that she is concerned with shutting people off with the way things are right now. Some of these houses have tenants in them that have their utilities included in their rent. Mr. George stated that in general the terms of the lease is the tenant / landlord problem and has nothing to do with the Borough. The Borough of Lavallette provides them a service that has to be paid for. If those services are not paid for in a substantial amount of time we have the right to discontinue those services. We actually have a situation right now that needs to be discussed in Executive Session where we received an order to show cause on a property that has not paid their utilities. Mayor LaCicero stated that we should review the time frames in the ordinance and any hardship provisions before we do anything else. EXECUTIVE SESSION: Mr. George stated that there exists a need to go into Executive Session. There will be two areas of discussion. One being the order to show cause in relation to a landlord/tenant issue and the other being the ongoing litigation with the LVT. There will be no action taken. A Motion was made by Council President Zalom to go into Executive Session. The Motion was seconded by Councilwoman Wenzel. All were in favor of. The Motion passed. The meeting was adjourned to Executive Session at 7:55 pm. A Motion was made by Councilwoman Wenzel to resume the meeting. The Motion was seconded by Councilman Stogdill. All were in favor of. The Motion passed. The Meeting resumed at 8:09 pm. Mr. George stated that two issues were discussed in Executive Session. The first was the ongoing litigation with the LVT with a possible settlement and a counter claim and the matter of a landlord/tenant filing against the landlord with regard to maintaining power at a particular residence. There was no action taken on either issue. ADJOURNMENT: A Motion was made by Councilwoman Wenzel to adjourn the meeting. The Motion was seconded by Councilman Stogdill. All were in favor of. The Motion passed. The meeting was adjourned at 8:09 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 Caucus/Regular Meeting of the Mayor and Council held on the 18^th day of May 2009 _________________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (minutes) CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, May 4, 2009 – 7:06 pm Download As PDF CALL TO ORDER: Mayor Walter G. LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: The Mayor asked for a moment of silence for Alfonse Klaips a long time resident and employee who passed away recently. PLEDGE OF ALLEGIANCE: Councilman Lamb led the Salute to the Flag. MAYOR’S WELCOMING STATEMENT: At this time, the Mayor stated that anyone who wished to speak and could not stay for the rest of the meeting could do so now; however, if they were going to stay for the meeting they had to wait until the end for public comment. COMMENTS FROM PUBLIC (Items not listed on agenda / not staying for remainder of meeting) Doug Houser, 1702 Bay Blvd stated that he has been a long time resident and is also a Science teacher at Brick Memorial High School. He stated that there is a letter from him listed on the agenda in the “with action” section. He stated he is requesting permission from Council to hold a Forensic Science Camp for kids 10-15 years of age. He will be holding this camp at the Lavallette Elementary and he has already received permission from them. He would like to do this the week of July 13^th from 9am to 12 noon, Monday thru Friday. Mayor LaCicero stated that as long as the school gave permission to hold the camp he believes there should be no problem. Council President Zalom stated that Mr. Houser came to the Recreation meeting and gave his presentation and she thought it was a great program and will be very exciting for the children. Councilwoman Wenzel questioned whether it would be for all children in Lavallette. Mr. Houser stated that the age group is 10-15 years but will be for all children that are in Lavallette summer or winter. Joy Grosko, 13 Camden Avenue questioned whether or not the Mayor has heard from Mr. Kerwin on the contract. Mayor LaCicero stated that he has had some discussions with Mr. Kerwin and we will be discussing it in Executive Session. Mrs. Grosko stated that there was some damage to the area where the flag is by the gazebo. The bricks need to be replaced and we are going to get a new flag. This will be paid for by the Heritage Committee and will be all done before Memorial Day. Tom Cullen, 507 Bay Blvd stated that he reviewed the Master Plan of Lavallette and in the plan it states that there will be no commercialization of the boardwalk or beach. This is the guidelines for the town to follow. He also participated in the Beach Sweeps last week and does not agree with the tally figures. He picked up at least 40 rusty nails by the area of the beach that people sit and relax. He stated that someone is going to get hurt. He also stated that there is a piece of vacant land fenced in next to Schlosser Real Estate that is an eyesore to the town. Maybe we need to contact the owner and see if it could be used for something. APPROVAL OF CLERK’S MINUTES Regular Minutes of April 20, 2009 Executive Session Minutes of April 20, 2009 Budget Meeting of April 15, 2009 A Motion was made by Council President Zalom to adopt the Minutes. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Filippone voted Yes. Councilman Horan Abstained on the April 15^th Minutes and voted Yes on both April 20^th Minutes. The Motion passed. REPORTS: a) Police Overtime Report for April-Councilwoman Filippone-read report. Mayor LaCicero stated that the Asbury Park Press had an article in the paper on Sunday with how many summonses for each town. All the towns were down by 11% for their summonses but Lavallette was up 28%. That should say something about our Police Department b) Public Affairs Report-Council President Zalom stated there were 85 people that attended the Beach Sweeps and it was the biggest attendance so far. Thanks to Clem Boyers who is always there to help her set up for the event and to Michele Burk who did the tabulations for her. The highest volume of tabulations were caps and lids. Thanks to the residents of Lavallette for sending the letters to Ciesla’s office. She stated that the Borough’s prayers have finally been answered. Senator Ciesla’s office called Mr. Parlow today and stated that the Route 35 roadway and drainage project will start in 2010 and will be completed in 2012. They stated that they received a lot of letters from residents of Lavallette and they are the reason it is getting done. The Clam that we are going to be putting at the Welcome Center will be the first clam on the Northern Barrier Island. We will be having our Memorial Day event on May 25^th and the Color guard from Lakehurst will be attending again. Our dog walk will be on May 30^th. The town wide Garage Sale will by June 6^th & 7^th and cleanup day will be June 8^th. The calendars went out last week so you all should be receiving them if you did not get them already. She reminded all that the PTA Gift Auction is on May 30^th. c) Animal Control Report for April-Councilwoman Filippone-read report d) Planning Board Report for April-Councilwoman Filippone-There was one case at our last meeting with a lot of issues so it was held over to the next meeting for more discussion. e) Zoning Report for April-Councilwoman Filippone-read report f) Construction Office Report for April-Councilwoman Filippone-read report. There is a tremendous amount of work in that department. The Construction Official did 101 inspections by himself last month. The workload for the clerical is also overloaded. Mayor LaCicero asked Mr. Parlow if the employees in that department are on an hourly rate so if they needed to put in more hours it would be okay. Mr. Parlow stated that they are salaried not hourly so we would have to adjust their salaries. g) Municipal Court Report for April-Councilwoman Filippone-read report h) Utilities Report for April - Councilman Horan stated that he attended a seminar on New Jersey Downtown Revitalization to see what they had to help the Lavallette Business Association. There are funds available but most of them are going to the bigger cities. They did have some good ideas which I will be presenting to the LBA at their next meeting. i) Tax Account Status Report for April-Tax Collector j) Revenue Transaction Report for March-Chief Financial Officer k) Annual Report of Taxes Not Collected-Tax Collector A Motion was made by Councilwoman Wenzel to Approve the Reports. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. PUBLIC COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS: RESOLUTIONS – ON CONSENT: 2009-130 authorizing the treasurer to refund a credit balance on his electric bill in the amount of $558.57 to Theodore Sabarese of 500 Ocean Front 2009-131 authorizing temporary budget appropriations 2009-132 approving a raffle license to the Lavallette PTA for their Gift Auction to be held on May 30, 2009 from 5pm to 11 pm to be held at St. Pio of Pietrelcina Parish Hall. 2009-133 authorizing a recycling tonnage grant application for 2009 2009-134 authorizing the disposal of old playground equipment and an old copy machine in order to be removed as a fixed asset 2009-135 proclaiming the month of May 2009 as “Older Americans Month” 2009-136 awarding a contract to Garden State Fireworks to have our Fireworks Display on July 5, 2009-Council President Zalom stated that for the last five or six years Vineland Fireworks have been doing our fireworks. 2009-137 authorizing the appointment of Anthony Gallo as a Beach Badge Checker Supervisor at an hourly rate of $13.00 2009-138 approving the Lavallette First Aid to submit an application for a social affairs permit to be used in conjunction with the Heritage Day Festival on September 12, 2009 2009-138A authorizing the Mayor to execute an amendment to the commodity resale agreement with the Township of Toms River to the resale of gasoline and diesel fuel-Mr. Parlow stated that we have a commodity resale agreement with Toms River Township and in order to charge the 5% administrative fee we need to modify the agreement. 2009-138B refund of a Residential Parking Permit fee in the amount of $250.00 payable to Mildred Allegar of 114 President Avenue-Councilwoman Filippone stated that she that there is some legislation waiting for approval that would give the Borough the ability to lessen the length of the yellow curb from a stop sign or intersection. She suggested that we should have our residents send letters about our yellow curb problem and try to get our yellow curbs lessened. Mr. Parlow stated that the curb cut on this property is a joint curb cut so Mr. Allegar needs to discuss it with his neighbor. In the meantime, he has requested a refund of his parking permit fee. The Mayor opened the floor to public comment on any item on the consent agenda or the bills. Pat Marrone, 11 Elizabeth Avenue stated that she wanted to comment on the drainage project. The Beautification Committee was part of trying to get that project done. The Committee came up with the streetscape plan to help with the beauty of the town. Just to let you know if this is going to happen for real this time than that streetscape plan should be revised. Maybe you can put together an advisory committee to do some revisions to it. My only suggestion is that if you are going to revise the plan to please include trees in it. Councilwoman Filippone stated that they did a roadway project in Bay Head and pulled out a lot of trees. Her suggestion would be not to do anything with trees until after this project is complete. She reported that one permit could be submitted for all of the trees on Route 35. Councilwoman Wenzel stated that she had two trees in front of her store that were going to have to be removed for the Route 35 North project and the DOT gave her a list of replacement trees to choose from and they would replant two trees in front of her property. Mrs. Marrone stated that the DOT has only three different types of trees to choose from. There was no addition public comment. The Mayor closed the floor to public comment and asked for a vote. A Motion was made by Councilwoman Filippone to approve the Consent Agenda. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. RESOLUTIONS-OFF CONSENT: There were no resolutions off consent. APPROVAL OF VOUCHERS: 2009-139 Bills List in the amount of $3,060,521.83 A Motion was made by Councilwoman Wenzel to approve the Bills List. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. COMMUNICATIONS: Legal: a) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./James Cavanaugh v. Borough of Lavallette/Received April 8, 2009 b) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./New Jersey Family Leave Insurance/Received April 20, 2009 c) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Draft Letter for MacDuffie Bus Lease/Received April 21, 2009 d) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Parking Permits Request for Opinion Regarding Parking Meter Installation/Received April 21, 2009 e) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Barnegat Bay Clamming Trail Clamshell Placement Request for Opinion Regarding Zoning Exemption/Received April 21, 2009-Mr. George stated that Councilwoman Wenzel might want to speak to the Zoning Officer on where the clam should be located for safety reasons f) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Barnegat Bay Clamming Trail Clamshell Placement Request for Opinion Regarding Zoning Exemption for Private Lot Placement in the B-1 andB-2 Business Zones/Received April 21, 2009 g) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Voting Powers of Mayor in Mayor/Council Borough Form of Government/Received April 22, 2009 h) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Appeal of Civil Administrative Penalty Assessment/Received April 22, 2009 i) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Lifeguard Stand Beach Advertising Contract with Kerwin Communications/Lavallette Voters & Taxpayers/Received April 29, 2009 j) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Appeal of Civil Administrative Penalty Assessment/Received April 28, 2009 Engineering: a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Kerr Avenue Road Improvements Punch List/Received April 27, 2009 New Jersey League of Municipalities: a) Governor Helps League Kick-Off Census 2010 Campaign/Received April 1, 2009 b) S-2711-Revises Reassessment Procedures/Received April 1, 2009 c) New League Service-Recruitment and Selection Advisory Service Launched/Received April 1, 2009 d) Tax Exempt Bond Provisions Included in Stimulus Bill/Received April 2, 2009 e) Mortgage Stabilization and Relief Act Notification Requirements/Received April 2, 2009 f) Tax Appeals Hit Local Budgets Again/Received April 2, 2009 g) Reminder-Free Limited Membership in International Municipal Lawyers Association (IMLA)/Received April 3, 2009 h) Census 2010 Update/Received April 6, 2009 i) Age-Restricted Housing Conversion Legislation/Received April 6, 2009 j) Important New Information from the Division of Local Government Services/Received April 7, 2009 k) Funding For Local Volunteers to Assist in Digital TV Conversion/Received April 7, 2009 l) Reminder: Sustainable Jersey Small Grants Funded by Wal-Mart/Received April 7, 2009- Council President Zalom stated that the Environmental Committee has applied for this grant. m) DEP Permit Efficiency Review Task Force Implementation Plan/Received April 7, 2009 n) Ask Your Legislators to Support Our Call for Mandates Relief/Received April 9, 2009 o) Affordable Housing, COAH Challenge League Files Response to COAH/Received April 13, 2009 p) Important New Information from the Division of Local Government Services/Received April 13, 2009 q) New Civil Service Rule Regarding Furloughs/Received April 13, 2009 r) Stimulus Funding Update on Department of Community Affairs Programs and Priorities/Received April 14, 2009 s) Additional Municipal Transportation Funding Proposed for FY 2010/Received April 14, 2009 t) Destination Marketing Organizations (DMO)/Received April 15, 2009 u) Two Issues/S-2484, Commercial Development Fee/New Information from US Department of Labor and US Department of Health and Human Services/Received April 16, 2009 v) Predatory Towing Prevention Act, Chapter 39, P.L. 2009/Received April 17, 2009 w) Extended Unemployment Benefits/Received April 17, 2009 x) Efficiency and Conservation Block Grants Program/Received April 17, 2009-Council President Zalom questioned whether we would be eligible for these programs. Mr. Parlow stated that these grants will piggyback with the Municipal Energy Audit. Once the audit is complete and a report is issued the Borough will be able to apply for additional grant funds. Unfortunately most of the monies are allocated to the larger cities but we should be eligible for something. y) We Work for Health Campaign/Received April 17, 2009 z) Appeals Court Decision on Civil Service Emergency Rule/Received April 20, 2009 aa) Vehicle-Washing Requirements under Municipal Stormwater Permits/Received April 20, 2009 bb) 2^nd Annual Central Jersey ”Mayors Healthy Cook-Off/Received April 21, 2009 cc) Working Together to Solve New Jersey’s Blood Shortage through Workplace Blood Drives/Received April 22, 2009 dd) Mandates Relief Binding Arbitration Reform/Received April 23, 2009 ee) Census 2010 Dorms and Residence Halls/Received April 28, 2009 ff) NJDEP Beach Access Regulations Will Not Become Law/Received April 28, 2009- gg) Public Health Emergency Declared/Received April 28, 2009 hh) Census 2010 Update-Address Canvassing Begins/Received April 27, 2009 ii) Identity Theft Protection Plan Requirements (Red Flag Rules)/Received April 30, 2009-Mr. Parlow stated that this should be included in our Borough Code. He will draft the Ordinance and have it on for the next meeting. jj) Swine Flu News for You to Use NJ DHHS Establishes “Hot Line”/Received April 30, 2009 kk) Important Federal Recovery Act Grant Application Changes/Received April 30, 2009 General With No Action: a) New Jersey American Water/Jason Gonzalez, Vice President/Virtual Annual Report/Received April 6, 2009 b) Cablevision/Adam E. Falk, Vice President/ABC Plus Ceasing Operations/Received April 6, 2009 c) United States Environmental Protection Agency/Ronald Borsellino, Acting Director/Greening the Implementation of State Revolving Loan Fund Projects/Received April 8, 2009 d) State of New Jersey/Department of Environmental Protection/Stephen Dilts, Commissioner/Accepting Applications for the Transportation Enhancement ARRA (Economic Recovery) Program/Received April 8, 2009-Council President Zalom stated that we have had a project ready for years now and she believes the Engineer applied for this a few years ago and we did not receive the grant. She thought we should apply for this again since we have everything done on it from before. She believes it was for the B2 district and the Beautification did the streetscape plan. Councilwoman Wenzel stated that she had a problem with the Belgium curbing that was presented last time. Mr. Parlow stated that he has not been able to come across solar street lights for commercial lighting. They have them for residential but he has not seen a lot of choices for street lighting. Councilwoman Wenzel stated that they seem to be only available in foreign countries. Councilwoman Filippone stated that she is not comfortable doing any of this until after the roadway project is complete. e) Memo to Mayor George Nebel/Peter Strohm/2009 Coastal Summit/Received April 13, 2009 f) County of Ocean/Arthur P. Burns, Supt. of Recycling Operations/March 2009 Recycling & Compost Reports/Received April 20, 2009 g) Congress of the United States/House of Representatives/John Adler, Congressman/AFG Grants Available to First Responders/Received April 20, 2009 h) Optimum Interactive/Certain Channels will only be available with a Digital Cable Box/ Received April 21, 2009 i) Ocean County Utilities Authority/Keith Marcoon, Planning/Metering Engineer/2009 Metered Flow Data/Received April 21, 2009 j) State of New Jersey/Department of Environmental Protection/Stanley Cach, Assistant Director/OCUA pursuing financial assistance for construction of improvements to certain areas of interest/Received April 22, 2009 k) New Jersey General Assembly/Reed Gushciora, Assemblyman/Amending Assembly Bill 3690 removing Lavallette from joining Toms River/Received April 22, 2009-Mayor stated that thanks to the Lavallette Voters & Taxpayers having that meeting with Mr. Guschiora and all the letters and phone calls from our residents he has decided to remove Lavallette Borough as one of the towns to consolidate. l) Cablevision/Adam Falk, Vice President/Launch of Live Well HD Network/Received April 23, 2009 m) Cablevision/Adam Falk, Vice President/Launch of 8 HD Channels/Received April 23, 2009 n) US Department of Homeland Security/United States Coast Guard/Waverly Gregory, Chief/Modification to the Regulations Governing the Operation of the Route 30 Bridge, At Intracoastal Waterway, Across Beach Thorofare at Atlantic City, NJ/Received April 24, 2009 o) Jersey Central Power & Light/Michael J. Filippone, Director/Proposed Economic Stimulus Demand Response and Energy Efficiency Programs/Received April 24, 2009 p) Congress of the United States/House of Representatives/John Adler, Congressman/Time Of Use Metering Project for FY 2010 has not been approved/Received April 27, 2009-Mayor LaCicero stated that unfortunately this project we sent for stimulus money has been rejected. He asked Mr. Parlow if the project was still included in the capital budget. Mr. Parlow stated that only the cost of the straight replacement meters is included and not the price of the time of use meters. q) Board of Chosen Freeholders/John P. Kelly, Freeholder/101 Days of Safe Summer 2009/Received April 27, 2009 r) Birdsall Engineering Services/Municipal Stormwater General Permit Renewed with NJDEP Changes/Received April 27, 2009 s) State of New Jersey/Department of Law & Public Safety/Anne Milgram, Attorney General/Cops In Shops Summer Shore Initiative 2008/Received April 29, 2009-Council President Zalom thanked the Police Dept. for their participation t) Scibal Associates/Susan Lovett, Assitant Liability Supervisor/Voters & Taxpayers Assoc. v. Borough of Lavallette/Received April 29, 2009 u) Congress of the United States/House of Representatives/Congressman John Adler/Advising of the submittal of the Lavallette Police Department Communications Update Project to the Appropriations Committee for approval/Received April 28, 2009-Mayor LaCicero stated that we have received notice that our request for the Lavallette Police Communications Update has been sent to the Appropriations Committee for approval. v) Scibal Associates/William Frambes, Senior Claims Analyst/Voters & Taxpayers Assoc. v. Borough of Lavallette/Received April 28, 2009 w) Ocean County Department of Solid Waste Management/Ernest Kuhlwein, Jr., Director/Ocean County Master Composter Training Program being offered in the fall/Received April 28, 2009- Council President Zalom stated that if anyone was interested in this she will leave copies at Borough Hall. x) NJ Transit/John Leon, Senior Director/Advising them 72 hours in advance when we have traffic detour in our town/Received April 22, 2009 y) Michele Donato/2200 and 2202 Ocean Front/Beach and Dune Maintenance/Received April 30, 2009-Mayor LaCicero stated that he would like this item discussed in Executive Session. z) Office of the Ocean County Engineer/Frank Scarantino, Engineer/Dickman Drive Outfall Reconstruction/Received April 24, 2009-Mayor LaCicero stated that this has been on our request list for the County for a couple years now and finally it is going to get done. General With Action: a) Francis D’Aquila/124 Brooklyn Avenue/requesting a handicap parking space in front of his home/Received April 20, 2009-Mr. Parlow stated that the Chief is looking to see if there is a suitable space available on Brooklyn Avenue. b) Boy Scout of America Troop 22/Valentino Borrelli/requesting to hold their 3^rd Annual Jesse Anderson Triathlon on September 20, 2009 from 5:00 am to 12 noon/Received April 22, 2009- Mayor LaCicero stated that this has been an annual event for the last couple of years. He does not see any problems. c) Doug Houser/Bay Blvd/requesting to hold a Forensics Summer Camp to be held at the Lavallette School for one week in the summer/Received April 22, 2009-Mayor LaCicero stated that Mr. Houser spoke about this before and it is not a problem. d) Michele Donato/Application by Steve’s Personal Transportation Service from 138 Princeton Avenue requesting a Auto cab License in the Borough of Lavallette/Received April 20, 2009-Mr. Parlow stated that Ms.Donato has asked to have this item placed on the next agenda. e) NJBIA/Philip Kirschner, President/requesting the Mayor’s Attendance on June 16^th at their 50^th Anniversary ELC Dinner featuring the Candidates running for Governor/Received April 27, 2009-Mayor LaCicero stated that he would check his schedule. f) Ocean County Library/Upper Shores Branch/June Schneider, Branch Manage/requesting use of our sound system for their Battle of the Bands on June 13, 2009-Mayor stated that we have always let them use our sound system for this event. g) Playball Sports, Inc./requesting use of our ball field for their Pro-Player Summer Baseball Camp to be held either July 13^th thru July 16^th, July 20^th thru 23^rd or August 10th thru 13^thor August 24^th thru 27^th/Received April 16, 2009-Mayor LaCicero asked Mr. Parlow if he could coordinate the date with this company. h) Zachary Hesse/requesting a hardship to his fines he owes for the confiscation of his sail boat he neglected to remove from the beach/Received April 9, 2009-Mr. George stated that we can not waive the fines for this man. i) Ocean County Police Chief’s Association/Chief William Dikun/requesting the Mayor’s Attendance at their 18th Annual Law Enforcement Memorial Day Observance at the Ocean County Police Academy on May 15, 2009/Received April 8, 2009-Mayor stated that he would check his schedule j) Borough of Seaside Park/Barbara Greger, Deputy Municipal Clerk/requesting the Mayor’s attendance at their Memorial Day Services held on May 25, 2009 at 9:30 am/Received April 29, 2009-Mayor stated that he cannot attend because he will be attending our services. k) Lavallette Volunteer Fire Co. #1/James Borowski, Secretary/requesting the Borough assume the responsibilities of taking care of the plantings in front of the Firehouse/Received April 28, 2009-Councilwoman Wenzel stated that she would take care of scheduling a meeting with them for further discussion. k) WWFM/Peter Fretwell, General Manager/requesting to be released from their remainder of their lease with the Borough/Received April 30, 2009-Mr. Parlow stated that this needs to be discussed in Executive Session l) Lavallette Municipal Alliance & Recreation Committees/Kathy Mango, Director/requesting approval for their Town wide Garage Sale and their Movies on the Bay/Received May 1, 2009-Mayor stated these are annual events that get approved every year. m) Lavallette Municipal Alliance & Recreation Committees/Kathy Mango, Director/requesting to hold their Skim boarding Contest on July 24^th on the beach south of President Avenue/Received May 1, 2009-Mayor stated that these are also annual events that get approved every year. n) Lavallette Municipal Alliance/Kathy Mango, Director/requesting to hold their Breast Cancer walk on August 2, 2009/Received May 1, 2009-Mayor stated that we approve this every year. o) Lavallette Municipal Alliance & Recreation Committees/Kathy Mango, Director/requesting to hold their sandcastle and kite contests on July 10^th/Received May 1, 2009-Mayor stated that we approve this every year. UNFINISHED BUSINESS: Council President Zalom stated that now that we have the bus the PNC Arts Center has some free shows for seniors in June that we are looking into. She will let you know more when she receives the information. Councilwoman Filippone stated that they had their first Bike Safety meeting on April 29^th. The Chief researched other towns that had a boardwalk and they have restricted hours. These towns also do not have highways like we do. We all had different views but we decided that nothing will be done for 2009 it will remain the same as it is now. We will focus on bike safety with big posters distributed everywhere and the bike safety cards on. We will try to have some school programs on the safety of bike riding. We will make sure the rules go on our website. The officers will ticket or give warnings at their discretion. We also are looking into warnings about bike safety at the entrances to town. Some suggestions were trying the bikes on the boardwalk more on the weekdays than the weekends. She also reminder everyone that if you are under the age of 18 years of age you must wear a helmet. Council President Zalom stated that they are looking for grants for bike safety with larger amounts of money. Councilwoman Filippone also stated that they are looking into some no turn signs on every street end. There is a second meeting scheduled for May 20^th at 4pm and more ideas will be discussed then. Councilwoman Wenzel stated that Save Barnegat Bay is having there bayfront cleanup on Saturday as well as a number of volunteers to help us with the native plantings by the tennis courts at 9am. She also reported that the Environmental Committee had their meeting at the Library on Wednesday of last week and we viewed “An Inconvenient Truth”. Also, the Public Works Department has received a textile container from “Planet Aid”. All materials received will be donated to Africa. NEW BUSINESS: Councilman Lamb stated that Coley Brice, Jr. had approached him on an idea to hold a Barnegat Bay Folk & Blues Festival at the Gazebo sometime in September. He told him to speak with Mrs. Grosko and work out the details with her. COMMENTS FROM THE PUBLIC: Joseph Palinsky, 122 Washington Avenue stated that the radio station has caused this town nothing but problems with interference with their radios and their televisions. This town would only benefit from the termination of the contract. He also asked about the correspondence received form Scibal Associates in reference to not providing coverage against the lawsuit filed by the Lavallette Voters & Taxpayers. Mr. George stated that it will all depend on the resolution of the case but Scibal does not cover certain types of claims such as back pay. Mr. Palinsky stated that he does not think we should pay for any of it and thinks it is all a waste of time and money. As far as the Enhancement Project maybe we should revisit the lighting aspect of it and go with the dark sky initiative. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Councilman Horan stated that he and Mr. Parlow have been reviewing the self generation Ordinance and thinks maybe the reason why no residents have applied for it is because the fee of $4,500 is too high. He recommending revising the ordinance fee to $1,500 and see if that helps. He reported that the Energy Audit for the municipality will begin something within the next week. Mr. Parlow stated that the Power Group is looking to purchase another block of power extending out beyond 2010. He reported that energy prices appear to have stabilized. Prices are currently lowered than our existing contract. Councilwoman Wenzel wanted to say “Happy Birthday Crab’s Claw”. EXECUTIVE SESSION: Mr. George stated that we need to have an Executive Session on issues dealing with a lawsuit from the Lavallette Voters & Taxpayers Association of Lavallette and settlement negotiations with Kerwin Communications. We also will be discussing proposed boardwalk reconstruction issues at 2200 Ocean Front and some updates on the NJDEP litigation. We also will be discussing the possible early termination of a contract with WWFM. There might be some action to be taken. A Motion was made by Councilman Horan to go into Executive Session. The Motion was seconded by Councilwoman Wenzel. All were in favor of. The Motion passed. The meeting was adjourned at 8:56 pm. A Motion was made by Councilwoman Filippone resume the Regular Meeting. The Motion was seconded by Councilman Stogdill. Vote: All Members were in favor of. The Motion passed. The meeting resumed at 9:33pm. Mr. George stated that there was some discussion on the LVT litigation with possible alternatives and request for action. We discussed the status on the boardwalk reconstruction in front of a resident’s home that could be possible litigation. He gave an update on the NJDEP litigation and we discussed termination of the WWFM lease early and there will be action taken on this. Resolution No. 2009-138C A Motion was made by Councilwoman Wenzel to do a resolution to authorize Bernstein & Assoc. to file an answer in the matter of the Lavallette Voters & Taxpayers v. Kerwin Communications, Inc. and the Borough of Lavallette and to continue settlement negotiations with Kerwin Communications, Inc. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Resolution No. 2009-138D A Motion was made by Councilwoman Wenzel to have Mr. George advise in writing the radio station that there will be no claims for rent or damages in the event that they were to terminate their lease early and in the event that they do not remove all their property it will be considered abandoned. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. ADJOURNMENT: A Motion was made by Councilwoman Wenzel to adjourn the meeting. The Motion was seconded by Councilman Stogdill. Vote: All Members were in favor of. The Motion passed. The Meeting was adjourned at 9:36 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 Caucus/Regular Meeting of the Mayor and Council held on the 4^th day of May 2009 _________________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (minutes) REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, April 20, 2009– 7:04 pm Download As PDF CALL TO ORDER: Mayor Walter LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for all the troops overseas. PLEDGE OF ALLEGIANCE: Councilman Horan led the Salute to the Flag MAYOR’S WELCOMING STATEMENT: COMMENTS FROM PUBLIC: (Items not listed on Agenda/not staying for remainder of meeting) Sally DeGruccio, 10 Morton Drive stated that she has lived here for many years at this property and next door to her is a property that has not been occupied since she has lived here. It is held in an estate and the property has large trees that hang over my property. It is in such bad shape and every year she has a company come and cut whatever is hanging over on her property. There is such overgrowth and for years everyone was telling her that there was nothing she could do. She recently went to see the zoning officer, Richard Remy, and he stated to her that he would go over and look at the property to see what could be done. To her amazement, within a couple of weeks the situation was rectified and the property owner cut back all that overgrowth. She is here to say thank you for your zoning officer, Richard Remy. He is a wonderful man and very good at his job. She would also like to thank the Mayor and Council for the wonderful Police Department who, while she was having a problem with her alarm system and it kept going off, had no problem coming to her house for four days straight to check on her. Councilwoman Wenzel made a Motion to put a letter of commendation in Mr. Remy’s personnel file. The Motion was seconded by Councilman Horan. All of Council were in favor. The Motion Passed. Barbara Janosko, President of the LBA wanted to thank Mayor and Council for listening to the residents and the business owners and making a stand on their behalf on the advertising. The Lavallette Business Association supports the Mayor and Council and the town of Lavallette and would like to help in finding ways to increase revenue for the town. She asked that the Council would let them know what they can do to help and again thank them for a job well done. Tom Cullen, 507 Bay Blvd stated he would like to give a moment of praise to Mayor and Council and the Voters & Taxpayers Association for the meeting held on Thursday dealing with the consolidation of our town with Toms River. We have a lot of perks in this town and if we consolidated with Toms River we would not be so lucky. He stated that the Ocean Star does not report anything in Ocean, Normandy or Ortley Beaches. He suggested that one way to increase revenue is to open the beaches on Memorial Day Weekend. Seaside Park made $100,000 by doing that. Joy Grosko, 13 Camden Avenue thanked Mayor and Council for coming together and listening to people with the advertising. She thinks not going through with it is a smart thing to do. Bob Marra, 102 President Avenue thanked Council for his parking space in front of his house. So far he has had to call the police on four different occasions because someone was parked there but it still is working. On another note, he walks the boardwalk with his wife every day around 9:30 am. On Saturday, they were almost trampled by a race that was going on. He did not know you could do any kind of racing on the boardwalk for any reason. He just wanted to bring it to the Council’s attention. Councilwoman Wenzel stated that she thinks it was the Special Olympics but she does not remember giving them permission. Mr. Parlow stated that he does not think we had anything on our calendar but he will check to see. Joy Grosko, 13 Camden stated that she has a problem with the a group of people who are having full blown picnics with food and water jugs at the gazebo and are leaving a mess. Picnicking and littering are not allowed and the police need to be going down and telling them so. PRESENTATION: Eagle Scout Nicholas Zegar – Dog Waste Receptacles on the Bayfront Mr. Zegar gave his presentation on his dog waste receptacles project. He would like the Borough to purchase these receptacles and the biodegradable bags, which are affordable and environmentally friendly and he would be in charge of installing and maintaining them. The total cost is approximately $750.00 Mayor LaCicero stated that this project sounds like a very good idea and we will discuss it further. He asked Mr. Parlow if he could find this money in the budget. Mr. Parlow stated that he thinks it will not be a problem locating those funds for this project. Mayor LaCicero stated that in the meantime Mr. Zegar should decide where he would like to put these receptacles. Councilwoman Wenzel stated that maybe we could use some funding from storm water compliance money. Mayor LaCicero asked Mr. Zegar to contact Mr. Parlow with the information. APPROVAL OF CLERK’S MINUTES: Caucus/Regular Minutes of April 6, 2009 Executive Session Minutes of April 6, 2009 Vendor Lottery Minutes of April 6, 2009 A Motion to Approve the Minutes was made by Councilwoman Wenzel. The Motion was seconded by Council President Zalom. Vote: Council Members Ardito, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. RESOLUTIONS – ON CONSENT: 2009-118 authorizing approval of a tax refund resulting from a tax court judgment of appeal for James Cavanaugh of 1906 Ocean Front 2009-119 supporting participation in the Sustainable Jersey Municipal Certification Program for the Lavallette Environmental Committee 2009-120 recognition of child abuse prevention month 2009 2009-121 proclaiming the week of April 19^th thru April 25^th, 2009 as “National Volunteer Week”-Council President thanked all of Lavallette’s volunteers. We as a town accomplish so much with our volunteers. 2009-122 appointing Matthew Burk as a member to the Lavallette Environmental Committee-Councilwoman Wenzel stated that Matt Burk has been very helpful to our committee. He put together the artist’s proposal application for painting the clam which will have a deadline in June and we will be picking an artist at the Arts & Crafts Show and revealing the Clam at Heritage Day. 2009-123 authorizing the placement of a “Giant Clam” in front of the Beach Badge Office in conjunction with the Lavallette Environmental Committee’s part in “Reclam the Bay”-Council President Zalom stated that small clam shells are going to be provided for the school children to decorate. Mr. George also stated that he has looked into the Borough getting any zoning permits for the placement of the clam and we would be exempt from any permits. Councilwoman Wenzel questioned whether or not any of the businesses would need zoning permits if they wanted to place a clam in front of their establishment. Mr. George stated that they are private businesses and would be required to get permits. Councilwoman Filippone stated that she would hope that the artwork was not going to be tacky and we have to be very careful of the selection of artwork. Councilwoman Wenzel stated that we are looking for something to be proud of. 2009-124 authorizing the submission of a grant application for Sustainable Jersey Grant being applied for by the Lavallette Environmental Committee-Councilwoman Wenzel stated that the Environmental Committee has done a preliminary draft application for this grant. There is a massive effort for municipalities to go green. The grant funding is coming from Wal-Mart. Her project for the grant monies is to put solar fixtures in our boardwalk street lights. 2009-125 establishing the Garbage, Bulky Waste and Recycling Fees, Schedules and Regulations pursuant to Chapter 55 of the Borough Code entitled “Solid Waste” 2009-126 requesting that the Department of Transportation adopt the required regulation establishing two-hour parking spaces on Route NJ 35 Northbound-Council President Zalom thanked the Chief and Mr. Parlow for all their work. 2009-127 certifying the submission of expenditure for recycling tax in the amount of $7,541.67-Councilwoman Wenzel stated that this is a State requirement. She would like to take monies out of Recycling Trust and purchase some garbage receptacles for Route 35. Currently there are 41 additional sites so she would suggest that 15 more be purchased. 2009-128 approving a statement of opposition to the governor’s budget proposal to reduce funding for shore protection and tourism promotion Mayor LaCicero opened the floor to the public and asked if anyone wished to speak on the consent agenda or the bills list. There was no public comment. Mayor LaCicero closed the floor and asked for a vote. A Motion was made by Councilwoman Filippone to approve the consent agenda. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. RESOLUTIONS-OFF CONSENT: There were no resolutions off-consent. APPROVAL OF VOUCHERS: 2009-129 Bills List in the amount of $194,954.48 A Motion was made by Council President Zalom to Approve the Bills List. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. ORDINANCES ON FOR FINAL ADOPTION/SECOND READING Ordinance No. 2009-08 (1061) ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK Mayor LaCicero asked Mr. Parlow to provide a summary of the ordinance. Mr. Parlow reported that the town by law is permitted to increase the spending cap levy from 2 ½% to 3 ½% with an ordinance. The Borough has approved this ordinance for the last several years and have not used that extra levy but we are permitted to bank that every year. A Motion was made by Council President Zalom to adopt Ordinance No. 2009-08 (1061). The Motion was seconded by Councilwoman Filippone. The Mayor opened the Public Hearing. There was no public comment. The Mayor closed the public hearing and called for a vote. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. UNFINISHED BUSINESS: Mayor LaCicero stated that he had a conversation with Mr. Kerwin on Tuesday night. He already had sent out the proposals to the Lavallette businesses. Therefore, there are going to be some costs already incurred but he did not seem hesitant in anyway about breaking the contract. He was going to provide the Mayor with the cost his firm has already incurred. The Mayor reported that all should understand that this is going to affect the budget. As of today, he has not heard back from him on the costs to the Borough. As soon as he gets that information he will provide that information to the public. Council President Zalom stated that she would like to bring up the issue with the bicycles on the boardwalk for this season. The Police Chief did a study and asked the Council to extend the hours of the bicycles up on the boardwalk until 5 pm to keep them off of Route 35 North. Councilman Lamb stated that the Council has already had this discussion and no one was in support of that idea. He is not comfortable with revisiting it again. Councilwoman Filippone stated that the police issued warnings to all the bicyclists who were going the wrong way and it seemed to curb the problem last year. The only solution is for them to abide by the law. This issue was brought to the Ordinance Committee meeting and the committee was split with their opinions. No one can really make a decision on this. Her problem is the liability issues with the boardwalk. She stated that this is absolutely not a good idea. The boardwalk is way to narrow to even consider this. Councilman Stogdill stated that there is a bicycle route on Bay Boulevard as well as a sidewalk, which is much safer than the boardwalk and Route 35. Councilwoman Wenzel stated that she has some concerns about it being a public safety issue. She stated that there are a lot of municipalities who have bicycle committees or transportation committees to figure out the problems. She asked why the Borough could not empower a committee to educate the public. Councilwoman Filippone stated that we have already do this with the Chief of Police and the Ordinance Committee. Councilwoman Wenzel stated that she thinks the citizens are trying to come up with some type of solution. Maybe we need to have a meeting with the Chief, and some of Council to come to some type of solution. Councilman Lamb stated that we have exhausted every possible solution. Nothing, in his opinion, makes it safer on the boardwalk. The Borough will have the same problems up there as we do on Route 35, they will just be different problems. Councilwoman Filippone stated that we have an Ordinance that does not allow bicycles on the boardwalk and a resolution specifies the hours. The boardwalk is not a place for bicycles. The only solution is the warnings and the ticketing. People need to know that there are consequences when you do not abide by the law. Even if we allow them on the boardwalk it is not going to take them off of Route 35 it is just going to create more chaos for the town. Council President Zalom stated that all she is asking is to just try it for one summer. Councilwoman Wenzel stated that she thinks the Ordinance and the Resolution is structured completely wrong and the citizens up at the boardwalk who see the pros and cons should be brought in on a committee so we can make the right decisions. She requested one meeting with the Chief to discuss it again. Councilwoman Filippone stated that she would schedule one meeting with the Chief, Lee, her self and Council President Zalom. Mr. Parlow stated that at the last Council meeting a Resolution was approved for a residential parking permit at 114 President Avenue. The application met all the conditions except it is situated completely in a no parking zone. In order to give them a space, Council would have to approve the space outside the property boundaries. Council President Zalom questioned why there was a curb cut there if there is no driveway. She asked if the space could be placed in the curb cut. Mr. Parlow suggested that the two property owners to agree to remove the curb cut and place a curb in that area and a new space could be placed in that area. Mayor LaCicero stated that the two property owners would incur the costs of replacing it with a curb. Mr. Parlow stated that Council needs, by resolution, to rescind the old Resolution. A Motion was made by Councilwoman to rescind Resolution 2009-128A. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. NEW BUSINESS: Councilman Horan stated that the Lavallette Elementary School is looking for donations primarily from the Borough for a weather station. This is really a win/win situation for the school students and the Borough of Lavallette. If the Borough were to purchase it for them the school would take care of the installation. The cost is approximately $729.75 with software included and we could be in control of the remote monitor that could be left at the Borough Hall. Council President Zalom stated that the Environmental Committee was looking at this also. Councilman Horan stated that 4 out of the 6 Bloustein students came from Point Pleasant Beach High School but are Lavallette kids. Councilwoman Wenzel stated that Matt Burk suggested that we keep the station at the Borough Hall with the remote monitor at the school so they could still monitor it and do projects. Mayor LaCicero stated that it does sound like a good idea. He asked Mr. Parlow if we could find it somewhere in the budget. Mr. Parlow stated that he thinks he could find it in our budget and does not believe it to be a problem. A Motion was made by Councilman Horan to approve the purchase of the weather station. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Mr. Parlow stated that the borough calendars should be in the mail this week. Mr. Parlow stated that a number of meetings ago he discussed the possibility of sharing dispatching services with Seaside Park. We received a proposal from Jersey Professional Management to prepare a Share Grant application on behalf of both municipalities. The Share Program is offered by the Department of Community Affairs. The grant requires a 10% municipal match. There are a number of issues that pertaining to these shared services that we would have to deal with. The application fee is $200.00, which Lavallette would only be responsible for $100.00. A Motion was made by Councilwoman Filippone to approve the hiring of Jersey Professional Management to prepare the Share Grant Application. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Mr. Parlow stated that he has been in discussions with Bay Head and Mantoloking for possibly sharing our municipal court operations. Mayor LaCicero stated that if the money is available to implement these shared services than the Chief’s request for a new CAD system will fit right in there as a necessity. COMMENTS FROM THE PUBLIC: Lach Cameron, 115 President Avenue stated that the Voters & Taxpayers are taking legal action on Mayor and Council for the beach advertising. Joe Marcianti, 3 New Jersey Avenue stated that he concurs with Mr. Cameron’s statements. He does not like to see his town being treated shoddily. Please understand the suit will be removed provided that the contract with Kerwin Communications is broken. On another note, the bicycle problem is a town problem. The bikes are a bad idea on 35 North and are not going to be any better on the boardwalk. Maybe we need to designate two blocks for bicycles only. Mayor LaCicero stated that he did try to contact Mr. Kerwin immediately after the meeting but had trouble getting a proper phone number. When he finally did reach him he was in Florida. He will continue all this week to contact him again but he did seem responsive about breaking the contract. Susan Koch, 119 Camden Avenue stated that all she does is ride her bike and walk around town. Route 35 South is absolutely horrible to ride on but Route 35 North is a little safer but not much. She can tell that riding a bike on the boardwalk is not an option. Bay Boulevard is a great place to ride a bike however the shoulder looks like another lane for a car and she has rode on the shoulder with her bike and a car was coming straight at her. She would like to offer her services to sit on a committee to discuss or study the bicycle situation to find a solution to our biggest problem in this town. Tom Cullen, 507 Bay Blvd. stated that he sees walkers and runners on the boardwalk. There is a problem with the diagonal parking on Route 35 North because of the slanted spaces you can not see anything when you are pulling your cars. He thinks we have more a parking problem than a bicycle problem. Maybe we should think about parallel parking spaces instead of the diagonal parking. Mayor LaCicero stated that we all know that this town has a parking problem. We have tried to alleviate it the best we can but there is only so much you can do. Council President Zalom stated that she is having the Engineer look into a NJDOT Bikeway grant to see if we could use that to educate the people on bicycle safety. Councilwoman Filippone stated that we put the bicycle safety rules in our calendar and the cards at the Beach Badge Office. Councilman Lamb stated that the Bay Boulevard shoulder issue has become a repetitive problem. We should look into maybe painting bicycles on there so cars know it is a bicycle lane and not a car lane. Arlene Maglionico, 117 Camden Avenue stated that maybe we should look into the grooves like on the parkway if you go into the shoulder. Councilman Lamb stated that we looked into that and it is not allowed. Supposedly, it creates more accidents. She also stated that she thinks maybe the weather station should be at the police station and the remote be at the school. Pat Marrone, 11 Elizabeth Avenue stated that she wanted to thank the Mayor and Council on behalf of the Beautification Committee for approving the monies to purchase the garbage receptacles. Bill Kinney, 23 Philadelphia Avenue stated that we have been discussing the bicycle problems in this town for at least ten years and have made great progress. The only place to ride a bike safely in this town is Bay Boulevard. No bikes should be allowed on 35 North, South or the boardwalk. He will say that if we do not get a committee together than we will never find out the solutions or fix the problems. People break the law because we do not enforce them. Councilwoman Filippone stated that for one month the Police gave out 140 warnings to people on bicycles that were not obeying the laws. In her opinion, it worked and the bicycle problem improved somewhat. She is a firm believer in enforcing the law. Mr. Kinney stated that he remembers when the police used the bullhorns and that seemed to work too. Joy Grosko, 13 Camden Avenue stated that this Clam is going to represent the town as well as Heritage Committee. Her vision is the paintings of a wonderful sunrise and sunset with a panoramic view with gorgeous colors. Gail Stefanelli, 122 Camden Avenue stated that maybe we could educate the people about the bicycle safety by posting the rules on the electric or water/sewer bills or on a flyer. Clem Boyers, 20 Kerr Avenue stated that he does not think that will work either because we need to educate the visitors and they do not get the bills just the residents and owners do. We need to hand something to the visitors at the Welcome Center. Peter Sturm, 1600 Ocean Front commented on the dunes being constantly walked on. Maybe we need to also put some information about no trespassing on the dunes at the Welcome Center also. John Gardella, 9 New Brunswick Avenue stated that what the bicycles need are bells to use to warn people they are coming. Mayor LaCicero stated that he believes that might be a state law. Ernest Stefanelli, 122 Camden Avenue stated that he is more concerned with the liability if the bikes go on the boardwalk. Children do not pay attention to anything around them and if they get hit by a bicycle it is not going to be pretty. We need to find a better solution than the boardwalk or Route 35. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Councilman Horan stated that the Santoro’s on WPI have been married fifty years. On another note, he will be attending a seminar on downtown businesses and will bring any information that he gets to the Lavallette Business Association. Councilwoman Filippone stated that she is not sure if we have the capacity with the new computer system to put any message on our bills anymore. She just wanted to say that she appreciates all the comments about the bicycle situation. She also wanted to comment about opening the beach on Memorial Day. We have already looked into this once before and the bottom line was we would not make enough money to cover the costs. Councilman Lamb stated that he wanted to comment on the Memorial Day opening also. We did already look into and it would not be worth it for the town. Not to mention that most of our Memorial Day weekends have not always been good weather. Councilwoman Wenzel stated that this bike subject has been going on as long as she has been here and the comments have all pretty much been the same. She believes it was Pat Kissane who use to do the bullhorn. Point Pleasant Beach has a bicycle committee and she believes has also applied for different grants. She just thinks that talking a little more about it can only help us not hurt us. Also, she had a couple of residents call her during last week about some type of solicitation they received from First Energy which is a subsidiary of JCP & L referencing getting some type of insurance policy for their electric wires. She placed a call to Maria Sessa from JCP & L and she said she would investigate it and get back to her. Further, the Environmental Committee is hosting the viewing of “An Inconvenient Truth” at the Upper Shores Library in celebration of Earth Day. Please come and join us if you are not too busy. Councilman Stogdill stated that the Federal Census enumerators are going to be knocking on doors for information. They will have proper identification on them and should not be asking for your bank account numbers or your social security numbers. Council President Zalom stated that the Beautification Committee is having their meeting on April 28^th and Winnie Applegate will be speaking. Also, thanks to all who have been sending their letters about the drainage problem on Route 35. She was told by Senator Ciesla’s office that the state has submitted this project for stimulus funding. The bus has finally arrived and looks beautiful. A question was asked if church groups or any other organization would be able to use the bus. Mr. George stated that this bus should be used for Borough Recreation functions only. He stated that there would be too much liability with any other arrangements. Mr. Parlow asked Anita if a list of Recreation events could be put together for Public Works on when the bus is going to be used so they can have it all ready. Councilman Lamb questioned where it is going to be parked while it is not being used. He has received some complaints from Philadelphia Avenue residents about located the bus at the firehouse. Councilwoman Wenzel stated that the bus could be parked at the Newark Avenue Treatment Plant. Council President Zalom reminder all that the School Election will be held on April 21^st;and encourage all to go out and vote. Mayor LaCicero stated that the consolidation meeting with Reed Guschiora had a tremendous turnout. It was videotaped so if you could not attend please watch it on television. Mr. Parlow stated that the drainage project for Lavallette is listed on the DOT website project list. Also, the Beach Badge form is on our website to download and also will be in our calendar. EXECUTIVE SESSION: Mr. George stated that we need an executive session to discuss potential litigation regarding a bus lease and from the V & T as we were told tonight regarding the advertising on the beaches. A Motion was made by Council President Zalom to enter into Executive Session. The Motion was seconded by Councilman Horan. All were in favor. The Motion passed. The meeting was adjourned at 9:06 pm. A Motion was made by Councilwoman Filippone to resume the Regular Meeting. The Motion was seconded by Council President Zalom. All were in favor. The Motion passed. The meeting resumed at 9:22 pm. Mr. George stated that during executive session there were discussions about potential litigation regarding the bus lease and the Voters & Taxpayers potential litigation. No action was taken. ADJOURNMENT: A Motion was made by Councilwoman Wenzel to Adjourn the Meeting. The Motion was Seconded by Councilman Horan. All of Council was in Favor. The Motion Passes. The Meeting was adjourned at 9:23 pm. CERTIFICATION I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey do hereby attest these to be a true copy of the minutes of the Regular Meeting held on the 20^th day of April 2009. ______________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (minutes) BUDGET MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Wednesday, April 15, 2009 – 4:05 pm Download As PDF CALL TO ORDER: Mayor Walter LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Stogdill and Filippone Councilman Horan and Lamb were not present Also present: Christopher F. Parlow, Borough Administrator/Municipal Clerk Donnelly Amico, Deputy Municipal Clerk Michele Burk, Chief Financial Officer 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 Asbury Park Press and the Ocean Star. Notice was posted on the Municipal bulletin board and the Municipal Website. BUDGET WORKSHOP: Councilwoman Wenzel stated that the last everyone spoke about at the last budget meeting was that we needed to cut $237,000 off the budget so we should go back to our department heads and do some cutting. In the interim, Mr. Parlow put in his proposal for cuts because no one had got back to him on their proposal. She was surprised to see the biggest cuts in Mr. Parlow’s proposal were in the Public Works Department with the biggest cut being the loss of two laborer positions the department was going to hire. Her opinion on this is that there are other cuts that could have been done without downsizing the department. Mayor LaCicero stated that just to be clear he and other Council members had discussed this proposal with Mr. Parlow. Mr. Parlow compiled this proposal with guidance from him and also some Council Members. We are trying to obtain a flat rate with this budget so we tried to avoid hurting our employees by using the laborer positions because there is no face or name to the positions as of yet. Councilwoman Wenzel stated that she understood that aspect of it and agrees with that part however with the new garbage schedule the department will need more hands which means more laborers. She stated that everyone should understand that the laborers due a number of tasks down at the yard. If someone is out we take another laborer and put them in that area temporarily. The position of laborer allows us a lot of flexibility. Her recommendation is to cut a part-time position rather than cutting a full time laborer position. Mayor LaCicero stated that it makes it a lot easier to cut a title without a name attached. Councilwoman Wenzel stated that cutting two full time laborer hirees is definitely shortchanging the department. You could look at other areas like summer wages or construction repairs. Areas that might hurt us but we can still function properly. Councilwoman Filippone stated that she was concerned with how the recycling center was going to keep running as well as it is now for the residents if we cut that part timer position. Councilwoman Wenzel stated that a laborer would cover that position. The service to the residents would stay the same. Councilwoman Filippone stated that the reasoning behind the cutting of the two full time hirees makes sense being that there is no name attached and also you have been working around not having those two positions all this time. Councilwoman Wenzel stated that the department has managed without filling those two positions as of yet and we have already saved the taxpayers a bunch of money by doing so. Council President Zalom stated that Public Works has had so many extra jobs added to their workload and they have been doing it with two people short already. No matter what she has asked of them, they get it done in a timely manner without hesitation. She would hate to see this department as well as the employees doing all these jobs being shortchanged. The day of the big snowstorm they managed to get all the streets plowed and collect the garbage all in the same day. Mr. Parlow explained that his proposal not only removed the two full time positions but also removed the budgeted secretary promotion and a laborer promoted to equipment machine operator / mechanic. The total of those cuts were $6,875.00. He also did not have any changes to the salary and wage budget to account for the receipt of the Clean Communities Grant, which was $7,900. The Superintendent stated that this amount could be removed from the salary and wage budget. Mr. Parlow stated that if the two full-time positions are included in the budget in the amount of $17,400 each and hire them at mid year that would still be a deduction in the budget to $217,075. On the Superintendent also proposed removing $2,000 in the garbage other expense account, $6,000 from the recycling trust by to pay for the benches and $2,000 from parks and playgrounds. This would leaves only $14,000 left in cuts to reach $237,000. Mr. Parlow stated that additional money may need to be added to the budget to void the contract with Kerwin Communications. Therefore, he is going to have to increase a budget line to do that. Councilwoman Filippone stated that maybe we could fill one full time employee and supplement the other at an hourly rate. Mayor LaCicero commended Councilwoman Wenzel for fighting for her department. What we need to know right now is what guidelines are we under with introducing this budget within a certain time period. Mr. Parlow stated that since the Borough does not apply for any discretionary aid there are no limitations. We only have $14,000 left to cut so we are doing pretty well. Mayor LaCicero stated that he will find out this week how much we are going to be responsible for with the Kerwin Contract. Mr. Parlow stated that solid waste and fuel has stayed the same. We did not give the Fire Department the extra money they were requesting in their budget. We need to look at ways to increase our revenue since the advertising is not going to happen. Councilwoman Wenzel stated that she thinks we have terrific services in town which we strive hard to maintain. We are going to save some money with the energy audits as well as street lighting when she applies for a grant for solar street lights. Another way to save money for the town is going to the ERT meters for electric like the water/sewer and our guys can even do the installation. That will save us money in salaries and wages in the electric budget. Mayor LaCicero stated that we are going to keep the tax rate flat this year and he thinks that says a lot about this town. He asked Michele Burk how much money was one point. Michele Burk stated that $182,000 is one point. ADJOURNMENT: A Motion was made by Councilwoman Wenzel to adjourn the Meeting. The Motion was seconded by Council President Zalom. All were in Favor. The Motion passed. The Meeting was adjourned at 4:43 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 Budget Meeting of the Mayor and Council held on the 15th day of April 2009. _____________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (minutes) CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, April 6, 2009 – 7:00 pm Download As PDF CALL TO ORDER: Mayor Walter G. LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone Also present: 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for former Councilwoman Anne Willis, who recently passed. She served on Council from 1990 thru 1996. He also asked for a moment of silence for the 53 people nationwide who have died due to violence and for our troops overseas. PLEDGE OF ALLEGIANCE: Councilwoman Filippone led the Salute to the Flag MAYOR’S WELCOMING STATEMENT: At this time, the Mayor stated that anyone who wished to speak about anything that was not on the agenda or could not stay for the remainder of the meeting could do so now. COMMENTS FROM PUBLIC (Items not listed on agenda / not staying for remainder of meeting) Mayor LaCicero opened the floor to public comment. Joy Grosko, 13 Camden Avenue stated that she was very upset with this advertising on the back of the lifeguard stands. This town is beautiful and very family oriented and we will be throwing away all the beauty by advertising on the stands. The amount of $30,000 is not enough to turn our town into Seaside Heights. Please let’s reconsider this and try to keep our town as beautiful as it is now. Mayor LaCicero stated that before Council makes a decision or responds about this we will hear from everyone that has a comment on this. Bill Kinney, 23 Philadelphia Avenue stated that he applauds Council for trying to produce revenue for the town but Lavallette is not the side of a bus. He asked the Council to reconsider this idea. Jerry Boylan, 2201 Bay Blvd. stated he has been in this town since 1934 and he doesn’t understand why Mayor and Council are doing this to this beautiful town. No state or federal park allows advertising at all. This is going to be a big mistake so please think about this whole thing again. Barbara Janosko, LBA President stated that the LBA was shocked and dismayed to hear about this advertising on our beach. The beach is Lavallette’s best asset because we are a tourist town. The LBA is no way in support of this advertising. Please do not let this happen. Susan Koch, Camden Avenue stated she if fairly new to the town and she agrees with everyone else that we should not allow this town to become Seaside Heights. Arleen Maglionico, 117 Camden Avenue stated that she would like to know how much this is going to save one taxpayer. Joe Ardito, 109 New Jersey Avenue stated that it is Mayor and Council’s job to listen to the people. We received a letter from the Mayor and it never mentioned anything about this advertising. He stated that this is not a good business deal at all and certainly not enough of profits to even consider this. People are always telling me that Mayor and Council in this town do not listen to the people they do what they want for themselves. The answer to Arleen’s question is $10.00 per household. Bobbie Brown, 119 Pershing Boulevard questioned if this is going to abide with our sign ordinance in town. Pat, Manager of Rite-Aid stated that he was here for a different reason but just wanted to state that this town is a beautiful one and it should not be desecrated by this horrible advertising. Tom Cullen, 507 Bay Blvd stated that he read an article from a 2004 newspaper that spoke so highly of how beautiful and family oriented Lavallette is. If we bring this advertising to our town it will look just like Seaside Heights and Pt. Pleasant Beach. People come here because of how serene and beautiful this town is. We are a family oriented town and we need to stay the way we are. Greg Sharkey, 3 Bond Avenue stated that this is not proper for our town. Your attorney should guide you into how you can withdraw this contract. We have a Beautification Committee so we can have our town stay beautiful. Please reconsider this whole situation. Mayor LaCicero stated that he fielded calls about this all weekend. Mayor LaCicero made the following statement. First of all, let me start by saying this advertising firm has not at all contributed to the Republican Party. There has been a lot of miscommunication out there. Mayor and Council are trying to bring in as much revenue as we can for this town. This suggestion was given to us and we had Mr. Parlow look into it. He researched it and we talked about it at a couple of public meetings. We heard no objections to it so we authorized him to go out to bid for the advertising. Mr. Parlow sent out about 15 bid specs to different companies and only one company, “Kerwin Communications” responded with a bid. Since November we have been discussing this and no one came forward to object to it. Mr. George stated that the contract has been signed and executed. Unless there is a breach of contract of some sort, he cannot authorize the Borough to pull out of this contract. It is only for one year so we can always not renew at the end of the year. Councilwoman Wenzel stated that the owner of Kerwin Communications lives in town and she would suggest that the Mayor reaches out to him and see if he would back out of the contract with no problems to the Borough. Councilwoman Filippone stated that she agrees with Councilwoman Wenzel on this. She has not been present for couple of meetings but she does not recall ever talking about only 25% of the revenue. The only amount of monies she ever heard was that we could make was $140,000. She thinks we passed the resolution to quickly without more discussion. The Council did speak about it at a couple of meetings and did not get any negative feed back but she believes we pursued it too quickly without more discussion on the percentage of revenue. To her, that is not a lot of revenue for what they are doing up there. She never even heard anything about the size and how many signs there were going to be. Councilwoman Wenzel stated that she spoke to a few people who are afraid that they are going to advertise free pizza deliveries to the beach and also people were concerned if they were going to abide by our sign ordinance. She was also told by a resident that we are trying to oppose the consolidation of our beautiful town to other towns like Seaside Heights and they we go and do something like this to make us look like Seaside Heights. She made comments in the beginning of discussing this whole project and no one came out to back me up. She believes we all have Lavallette in our hearts and that is why we will all work this out somehow for the town and the people. Councilwoman Filippone stated that the town is exempt of any town ordinances or permits. Our zeal here was to increase revenue for the betterment of the town. Let’s face it our zero tax increase has been a formidable challenge. Mr. Ardito made a statement that we up here do not listen to the people. She dos not believe this to be true. Everyone in this town knows where she lives. Anyone who has a comment or a problem about anything that has to do with this town can feel free to call her or come to my house at anytime and she will listen to whatever you have to say. Councilman Lamb stated that we, the Council, do not always get everything right up here. We need the revenue for the town. He happens to look out of his front window everyday and see a bunch of ugly, unsightly cell antennas on top of the water tower and thinks how disgusting it looks but we collect a lot of revenue from the antennas so we just need to deal with it. We have been discussing this for several months along with other ideas for more revenue and no one has come to these meetings with other suggestions on how to create the extra revenue. We already entered into a contract but if the Mayor could somehow persuade this man to reconsider he would be okay with that. Councilman Stogdill stated that he would support the Mayor trying to seize the contract. He listened to a lot of residents who called him also and some had some good points but we are up here to do a job and that is to keep this town running. Councilman Horan stated that he supports the decision of having the Mayor speak to Mr. Kerwin and see if we can put a cancel the contract. Council President Zalom stated that we have been discussing this since October and no one has come forward until now. If they came forward six months ago maybe we would not have to go through all this hassle of the Mayor having to speak to this man. Mayor LaCicero stated that it is the citizens of Lavallette’s obligation to find out what is going on at our public meetings that we have twice a month. They are televised once a month and also every agenda and minutes of every meeting are posted on our website. If you have an opinion on anything that we discuss then you should be coming to the meetings and voicing them. He rejects any suggestion that any decisions we make are done behind closed doors. He also disagrees that $30,000 is not enough revenue for this town. If we turned down every $30,000 savings to this town we would be in trouble. We work hard to keep our taxes flat and with these revenues is how we can do that. He would have no problem talking with Mr. Kerwin if that is what Council wishes him to do. A Motion was made by Councilwoman Wenzel to allow the Mayor to speak with Mr. Kerwin on rescinding this Contract. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. PROCLAMATION – “NATIONAL LIBRARY WEEK” The Mayor read a loud the Proclamation APPROVAL OF CLERK’S MINUTES Regular Minutes of March 23, 2009 Executive Session Minutes of March 23, 2009 Budget Meeting of March 18, 2009 A Motion was made by Councilwoman Wenzel to adopt the Minutes. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. Councilwoman Filippone Abstained. The Motion passed. REPORTS: a) Police Overtime Report for March-Councilwoman Filippone-read report b) Public Affairs Report-Council President Zalom-the Easter Egg Hunt was cancelled on Friday and we are waiting for a sunny day. Thanks to all the volunteers for always helping us with that. Mr. Parlow cannot be with us tonight because he had surgery last week so we wish him well. The calendar has gone to the printer so the residents should be receiving it shortly. We had a great Environmental Committee meeting. c) Public Works Quarterly Report-Councilwoman Wenzel-read report -The Recycling Center will be closed on Easter Sunday. She has $58,000 in cuts from the Superintendent of Public Works in reference to the budget. d) Animal Control Report for March-Councilwoman Filippone-read report e) Planning Board Report for March-Councilwoman Filippone-the Planning Board meeting was cancelled for March so I have nothing to report f) Zoning Report for March-Councilwoman Filippone-read report g) Construction Office Report for March-Councilwoman Filippone-read report h) Municipal Court Report for February-Councilwoman Filippone-read report i) Tax Account Status Report for March-Tax Collector j) Revenue Transaction Report for February-Chief Financial Officer k) Lavallette School Board Rep-Councilman Horan-attended the County School Board meeting about the regionalization. He reported that ultimately the decision to regionalize will be made by the voters. As of now, even if the Borough did regionalize Lavallette School would remain here and we would get the kids from other towns. The Lavallette School was the lowest school tax in all districts as well as the highest test scores within the top 10% overall. A Motion was made by Councilwoman Wenzel to approve the Reports. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. INTRODUCTION OF CAP ORDINANCE 2009-08 (1061): A Motion was made by Council President Zalom to introduce the Cap Ordinance No. 2009-08 (1061). The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Public Hearing and Final Adoption is scheduled for April 20, 2009 INTRODUCTION OF 2009 MUNICIPAL BUDGET: Councilwoman Wenzel stated that she recommends that we table or pull off the agenda. She thanked the Administrator for doing our cuts for us but she thinks that we as Council should sit down and discuss it amongst ourselves and make those decisions. She requested that the administrator scheduled a budget meeting. Mr. George stated that statutorily if you do not introduce the budget by March 31^st you will be penalized. His suggestion is for the Council to introduce it tonight and then the Council could always amend it. Michele Burk stated that we have postponed it before and the penalty is not a concern. She would suggest you postpone it also. Resolution No. 2009-112 (Clerk to Read Budget Resolution) A Motion was made by Councilwoman Wenzel to table the Introduction to the Budget Resolution No. 2009-112. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. PUBLIC COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS: RESOLUTIONS – ON CONSENT: 2009-103 authorizing the acceptance of a proposal from Signature Information Solutions for the Borough of Lavallette to provide a weekly data transmission of Borough tax records 2009-104 reappointing Frank Salzer as the Judge for the Lavallette Municipal Court for another three year term commencing on April 1, 2009 and ending March 31, 2012 2009-105 authorizing eight Class I applicants to attend the Ocean County Police Academy Satellite Training Course at an hourly rate of $7.15 2009-106 authorizing an Interlocal Agreement with the Toms River Fire District for fuel services commencing April 1, 2009 and ending March 31,2010-Councilwoman Wenzel stated that it was nice to see the 5% increase to give us more revenue. 2009-107 honoring our troops and “Support Our Troops Day” on April 19, 2009-Councilman Horan stated that it was nice to see the Borough honoring this day. 2009-108 in opposition to Governor Corzine’s FY 2010 State Budget 2009-109 authorizing the approval of an application for a residential parking permit to Mildred Allegar from 114 President Avenue-Council President Zalom thanked Mr. Parlow getting this parking problem taken care of. 2009-110 proclaiming April as “Autism Awareness Month” 2009-111 authorizing disposal of a municipal shredder from the Lavallette Police Department and removing it as a fixed asset 2009-113 authorizing the appointments of the 2009 beach badge office personnel 2009-114 approving the pre-season beach badge office hours 2009-115 proclaiming April 6th thru April 12^th, 2009 as “Public Health Week” 2009-116 authorizing the appointments of the 2009 seasonal supervisor staff 2009-116A-authorizing the application for a grant for COPS Hiring and Recovery Program A Motion was made by Councilwoman Wenzel to approve the Consent Agenda. The Motion was seconded by Councilman Stogdill. Vote: Council Members Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. Councilwoman Wenzel abstained on Resolution 2009-108 and voted Yes to all others. The Motion passed. RESOLUTIONS-OFF CONSENT: APPROVAL OF VOUCHERS: 2009-117 Bills List in the amount of $1,005,229.00 A Motion was made by Council President Zalom to approve the Bills List. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. COMMUNICATIONS: Legal: a) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./James Cavanaugh v. Borough of Lavallette/Received March 13, 2009 b) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Appeal of Civil Administrative Penalty Assessment/Received March 16, 2009 c) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Bus Lease Agreement between the Borough of Lavallette and E. Allen MacDuffie, Jr./Received March 23, 2009 d) Eric M. Bernstein & Assoc., LLC/Deborah Bracaglia, Esq./New Bill Limiting Unpaid Suspensions of Police Officers and Firefighters/Received March 25, 2009 e) Eric M. Bernstein & Assoc., LLC/Deborah Bracaglia, Esq./Civil Service Commission Emergency Rule Authorizing Mandatory Furloughs/Received March 27, 2009 f) Eric M. Bernstein & Assoc., LLC/Deborah Bracaglia, Esq./Changes to COBRA benefits under the new stimulus package (American Recovery and Reinvestment Act of 2009 (ARRA)/Model COBRA/ARRA Notices/Received March 30, 2009 Engineering: a) O’Donnell, Stanton & Assoc./Michael O’ Donnell/Miscellaneous Service Lateral Repairs/Contract Closeout/Received March 11, 2009 b) O’Donnell, Stanton & Assoc./ Michael O’Donnell/Kerr Avenue Road Improvements/Pay Estimate #1/Received March 27, 2009 New Jersey League of Municipalities: a) Legislative Alert/Received March 5, 2009 b) Governor Corzine Announces Economic Recovery Website/Received March 9, 2009 c) Governor Corzine’s Budget Message/Received March 10, 2009 d) Issue Alert/Received March 11, 2009 e) Governor Corzine’s Preliminary Budget Analysis/Received March 11, 2009 f) Support Our Troops/Received March 11, 2009 g) Age Restricted Housing Conversion Bill/A-3772 & S-2577/Received March 12, 2009 h) 4% Tax Levy Cap/Received March 12, 2009 i) Important New Information from the Division of Local Government Services on Budgeting/Received March 16, 2009 j) Sustainable Jersey Grants Funded by Wal-Mart/Received March 16, 2009-Councilwoman Filippone stated that Environmental Committee is in the process of filling out the application for this grant but they need a resolution from the Borough in order to apply. She would like the resolution to be put on the agenda for the next meeting. k) New Pension Deferral Bill/Received March 12, 2009-Mayor LaCicero stated that we did not defer our pension bill. l) Legislative Cap/Pension Deferral Goes to Governor/Senate Releases Qualified Purchasing Agent Mandate/Age Restricted Housing Conversion Bill/Commercial Fee Moratorium Passes Senate/Received March 17, 2009 m) COPS Hiring Recovery Program (CHRP)/Received March 17, 2009 n) Governor Welcomes Budget Comments/Received March 17, 2009 o) False Claims Acts Amendments Threaten Local Governments/Received March 18, 2009 p) Pension Deferral Signed/Received March 18, 2009 q) Immediate Need for Binding Arbitration/Received March 18, 2009 r) Affordable Housing Update Local Mandates Ruling in Medford Township Challenge/March 19, 2009 s) COBRA Continuation Requirement in the American Recovery and Reinvestment Act (ARRA)/Received March 19, 2009 t) Local Finance Notice on Pension Deferral Law/Received March 23, 2009 u) League Budget Testimony/Received March 24, 2009 v) Stimulus Funding News From the EPA and HUD/Received March 24, 2009 w) Urgent Action, Contact Governor’s Office Today, A-3772 & S-2577, Conversion of Age- Restricted Housing/Received March 24, 2009 x) Binding Arbitration Reform Needed Now/Received March 26, 2009 y) Federal Stimulus Funding U.S. Department of Energy/Received March 26, 2009 z) Workshop on “Green Schools” Scheduled/Received March 27, 2009 aa) Local Unit Alignment, Reorganization and Consolidation Commission Adopts Report/Received March 30, 2009 bb) Proposed Re-Adoption Police Training Commission Rules/Received March 30, 2009 cc) Important Information from the Division of Local Government Services/Received March 31, 2009 dd) Furlough Rule Challenged/Received March 31, 2009 General With No Action: a) Lavallette Voters & Taxpayers/Joseph Marcianti, President/Letters and comments from property owners related to various municipal issues/Received March 6, 2009-Mayor LaCicero stated that he will respond personally to this property owners. b) State of New Jersey/Department of Environmental Protection/Donald Kakas, Section Chief/Classification Exception Area(CEA) Biennial Certification/Revision Report Approval/Received March 9, 2009 c) Lavallette Volunteer Fire Co. #1/Arthur Reece, President/Addressing the bathroom use in the Firehouse by the general public/Received March 9, 2009-Council President Zalom stated that this needs to be addressed before our summer events start. Councilwoman Wenzel stated she will discuss it with the Superintendent of Public Works. d) Ocean County Mosquito Extermination Commission/Thomas M. Candeletti, Supt./Required information on mosquito control/Received March 11, 2009 e) Lavallette Voters & Taxpayers Association/Joseph Marcianti, President/Assembly Bill 3490 consolidation of various municipalities/Received March 16, 2009 f) United States Environmental Protection Agency/EPA Assistance Agreement/Received March 16, 2009 g) County of Ocean/Arthur P. Burns, Supt. of Recycling Operations/February 2009 Recycling & Compost Reports/Received March 17, 2009 h) Cablevision/Adam Falk, Vice President/Programming Changes/Received March 18, 2009 i) State of New Jersey/Department of Transportation/Stephen Dilts, Commissioner/Municipal Aid, Bikeway, Centers of Place,, Transit Village and Safe Streets to Transit Programs/Received March 18, 2009-Council President Zalom stated that she spoke to the Engineer about this and he stated that we might be able to get a small grant for bike safety. Councilwoman Filippone stated that our bike safety rules are in our calendar every year. j) RCC Environmental Professionals/Melanie Pyle, Project Manager/Paul Kelly’s Sunoco Service Station Classification Exception Area/Received March 18, 2009 k) State of New Jersey/Department of Environmental Protection/Ed Frankel, Section Chief/Municipal Storm water Regulation Program/Notice of Final Permit Decision/March 18, 2009 l) State of New Jersey/Department of Environmental Protection/Mark Mauriello, Commissioner/Receipt of 2009 Clean Communities Grant in the amount of $7,976.71/Received March 20, 2009 m) Ocean County Department of Transportation Services/Kathleen Edmond, Director/Receipt of Transportation Grant in the amount of $2,850.00/Received March 23, 2009 n) Lavallette Voters & Taxpayers Association/Joe Marcianti, President/Opposition to advertising on back of lifeguard stands and lifeguard tower/Received March 23, 2009 o) Excel Environmental Resources, Inc./William Tubito, Exec. Vice President/Municipal Environment Grants from the State of New Jersey/Received March 23, 2009 p) Jersey Professional Management/Daniel Mason, President/Jersey Professional Management ‘s Grant Writing Services/Received March 25, 2009 q) Carol Saam/16 Trenton Avenue/thank you letter for sending the Mayor letter/Received March 25, 2009 r) Ocean County/Department of Solid Waste Management/James Lacey, Freeholder/Ocean County Recycling Sharing Program/Received March 25, 2009 s) Press Release/Congressman John Adler/Adler Urges White House to Fund Beach Nourishment Projects/Received March 26, 2009 t) Cablevision/Adam Falk, Vice President/Launch of Style Channel/Received March 27, 2009 u) Cablevision/Adam Falk, Vice President/Digital Transition/Received March 27, 2009 v) Lavallette Municipal Alliance/Kath Mango, Director/thanking Mayor & Council for the purchase of the new bus/Received March 30, 2009 w) Board of Chosen Freeholders/John C. Bartlett, Freeholder/receipt of the Ocean County Tourism grant in the amount of $1,000.00. x) PMK Group/Environmental Alert/Renewed NJDEP Focus on Recycling/Received March 30, 2009 y) Emil & Janet Manfredonia/21 Bryn Mawr Avenue/letter in opposition to the consolidation/Received March 30, 2009 z) Ocean County Planning Board/Mark Villinger, Senior Planner/Ocean County Natural Lands Trust Fund Status Report-March 2009/Received March 31, 2009 aa) Michael Gerardo/11 Newark Avenue/opposing the consolidation/Received April 1, 2009 General With Action: a) Ocean County Planning Board/David McKeon, Planning Director/Dune Fencing/Received March 4, 2009-Councilwoman Wenzel stated this is already taken care of. b) Clean Ocean Action/Tavia Danch, Pollution Prevention Coordinator/requesting permission to hold their Annual Beach Sweeps on April 25^th and October 24, 2009/Received March 9, 2009- Mayor LaCicero stated this is an annual approval and is fine. c) County of Ocean/John Haas, District Recycling Coordinator/Municipal Recycling Ordinance- Update/Received March 12, 2009-Councilwoman Wenzel stated that Mr. Parlow is already on board with this and is taking care of it. d) Thomas Schierer/65 Grand Central Avenue/requesting a two hour parking sign in front of his establishment/Received March 18, 2009-Mayor LaCicero stated that he will have Mr. Parlow see if the State could amend our application to include this address also. e) Michele Donato/Chairman/Parking Committee/requesting the Mayor to provide her with a list of issues for the upcoming year/Received March 18, 2009-Mayor LaCicero stated that he has no more ideas for this parking committee and maybe they should disband. Councilwoman Wenzel stated that there has been discussion on the parking stations in the bayfront lots instead of parking stickers. Councilwoman Filippone stated she would be apprehensive in investing in stations when we just increased our parking stickers to $10.00 for more revenue and our parking stickers are working for us. Councilwoman Wenzel also stated that there has been discussions on parking on Baltimore Avenue. Mayor LaCicero stated that we should make a list and give to Michel Donato. f) State of New Jersey/Department of Environmental Protection/Jason Varano, Project Coordinator/Annual Spring Adopt a Beach Program on April 18, 2009/Received March 18, 2009-Mayor LaCicero stated we do not participate in this cleanup. g) David Waladkewics/2102 Ocean Front/requesting payment for their fence that was damaged from the boardwalk restoration/Received March 18, 2009-Councilwoman Wenzel stated that this should be discussed in Executive Session. h) Rite Aid Corp./Stephen Hawn, District Manager/requesting permission to hold a “Welcome Home” day on June 24, 2009 from 11:00 am to 3:00 pm with various vendors on the sidewalk/Received March 23, 2009-Mayor LaCicero stated that the manager is in the audience and we will have him speak about this at public comment. i) State of New Jersey/Department of State/requesting a nomination of a deserving student for the 2008-2009 King Scholarship Program/Received March 24, 2009-Council President Zalom stated she would pass this on to the high school. j) New Jersey Ironmen/Omid Namazi, Head Coach/Vice President/requesting permission to hold two weeks of their summer soccer camp at our field from June 22 thru July 2^nd from 9am to 12 noon/Received March 25, 2009-Mayor LaCicero stated that as long as it did not interfere with the other associations and dates and times it would be okay. Donnelly Amico stated that she checked the dates and times and they did not coincide with the other associations. k) County of Ocean/Department of Parks & Recreation/Linda DePonte, Recreation Aide/ permission to use the tennis courts and the baseball field for their summer programs/Received March 5, 2009-Mayor LaCicero stated that this also was okay as long as there were no conflicts. Donnelly Amico stated that there were no conflicts. l) New Jersey Council on Special Transportation/Michael Vieira, President/requesting the municipality to join their COST Association/Received March 18, 2009-Mayor LaCicero stated that he will look into this. UNFINISHED BUSINESS: Island Bay Front Gardens-Councilwoman Wenzel Councilwoman Wenzel stated that she thinks it is better if we just for now vote on the plantings around the tennis courts only. She stated that there have been some conflicts about the shell pathway and the asphalt at the hockey rink being removed. We received the $5,000 for the plantings anyway and she has volunteers willing to help with the plantings on May 9^th so she would like a vote tonight on the plantings and then we can discuss the other parts of the bayfront gardens at a later date. Councilman Lamb stated that he had a problem with the height of some of the plantings but the new plan has rectified that. Councilwoman Wenzel stated that natural growing plants are not affected by the DEP anyway. Councilman Lamb stated that he has a problem with the skateboarders so he thinks we should leave the asphalt alone so they can go over and skate there. Maybe we could put some signs up saying “No Skateboarding” in some areas. A Motion was made by Councilwoman Wenzel to approve the Plantings around the Tennis Courts only. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. NEW BUSINESS: Councilwoman Wenzel stated that she thinks we need a resolution approving the new garbage and recycling schedule. She stated she would like it on the next meeting agenda. Councilman Lamb stated that he would like permission from Council to advertise for a new Beach Badge Checker Supervisor. A Motion was made by Councilman Lamb to have Mr. Parlow advertise for a new Beach Badge Checker Supervisor. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Councilman Horan stated that he attended a meeting at the Lavallette School and the Science Teacher, Mrs. Lorenz is looking to get the old weather station back on track and they are going to need some monies for a new weather vane. He would like this request put on for further discussion under new business for the next meeting. Council President Zalom stated that she received a request today from the Upper Shores Library to use our sound system and Mike Visco for their “Battle of the Bands”. She will give it Donnelly and have her put it on for the next correspondence meeting for approval. Councilwoman Wenzel stated that Lavallette will be the first community on this side to have one of the clams. Some local artists have already submitted their ideas for a sunrise and sunset theme. She also thinks a resolution is needed to approve the clam going in front of the Beach Badge office. She also stated that she has received some calls from concerned citizens by the Lavallette Yacht Club about their sound device to keep the birds away. She would like permission from Council to facilitate some type of meeting with the Yacht Club to see if we can rectify this situation somehow. Councilman Lamb questioned whether or not we could do something about the geese problem on the bayfront also. COMMENTS FROM THE PUBLIC: Stephen Hawn, the manager from Rite-Aid stated that his store would like to hold a Welcome Summer day on June 24^th between the hours of 11am and 3pm. There will be some big vendors there like Coca-Cola giving away prizes as well as a popcorn machine giving away free popcorn. All of this will be done without disrupting the right of way of the sidewalk. Mayor LaCicero stated that they would have to abide by the regulations of sidewalk sales but he did not think there would be a problem. A Motion was made to approve the event by Council President Zalom. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Susan Koch, Camden Avenue thanked Council for hearing the public opposition and moving on it so quickly as far as the advertising was concerned. Thank You. Clem Boyers, 20 Kerr Avenue stated he heard all this talk about this bayfront gardens but what exactly did you vote on. Mayor LaCicero stated that we voted on the plantings around the tennis courts only. Everything else in the plan is put on hold for now. Pat Marrone, Beautification Committee stated that they are holding a meeting on April 28^th and Winnie Applegate will be attending and she will be speaking about native plants. Mrs. Marrone questioned whether or not we should think about getting a grant for a sprinkler system for the new plantings. Councilwoman Wenzel stated that these plants are native plants and require no fertilizing or irrigation once they are established. Mrs. Grosko, 13 Camden Avenue stated that we need to keep in mind that the fireworks area needs to be clear at all times. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Councilman Stogdill stated that he and the Mayor attended the Opening Day of Baseball and it was a great day. Public Works did a phenomenal job with the field and the Mayor gave a great speech. Councilwoman Filippone stated that Chief Grant had commendations wrote up for the two officers, Mike Monica and Frank White and Sergeant Toscano who participated in the car chase and capture of a bank robber. Councilwoman Wenzel wished everyone a Happy Easter and hoped that Chris Parlow was feeling better. She would like to suggest that we speak to Mr. Parlow and schedule some type of budget workshop this week for us to discuss our cuts. She also would like an Executive Session for possible litigation. Councilman Horan wished everyone a Happy Easter. Council President Zalom stated that one of our officers, Ryan Greenhalgh, while off duty actually brought a person back to life at the Crab’s Claw Inn on St. Patrick’s Day. EXECUTIVE SESSION: Mr. George stated that we need an executive session for possible litigation relating to personnel and for potential litigation involving property damage with no action being taken. A Motion was made to adjourn the meeting to go into executive session by Councilwoman Wenzel. The Motion was seconded by Councilman Horan. All were in favor. The Motion passed. The Meeting was adjourned at 9:43 pm. A Motion was made by Councilwoman Filippone to resume the regular meeting. The Motion was seconded by Councilman Stogdill. The Motion passed. The meeting resumed at 9:52 pm. Mr. George stated that two issues were discussed in Executive Session. One was potential litigation regarding the boardwalk reconstruction and a claim that was not acted upon. There was no action taken. ADJOURNMENT: A Motion was made by Councilwoman Filippone to adjourn the meeting. The Motion was seconded by Councilman Stogdill. The Motion passed. The Meeting was adjourned at 9:53 pm. CERTIFICATION I, Donnelly Amico, Deputy 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 6^th day of April 2009. _____________________________ Donnelly Amico Deputy Municipal Clerk BOROUGH OF LAVALLETTE MINUTES OF MEETING FOR THE VENDOR LOTTERY APRIL 6, 2009 10:00 AM Download As PDF Present: Donnelly Amico, Deputy Municipal Clerk Kimberly Reece, LPD Records Clerk Deputy Municipal Clerk Donnelly Amico opened the meeting at 10: 00 am and announced that we were here to conduct a vendor lottery for our five licenses that are available. Nine vendors have applied so in order to be fair we have to conduct a lottery to choose our five vendors. Donnelly Amico read the names from the list of the vendors that applied. She then picked from the basket the following five names in order: Amr Albiumi-Albiumi’s Ice Cream Peter Hamouroudis-Cool Concessions Mohammad Alfaouri-Mohammad Ice Cream Thomas DeRiggi-Sam I Am Michelle Wagner-Sweet Sugar Lady The four names who did not receive a vendor license are as follows: John King-Kings Kones Patrick McCracken-Pats Ice Cream Robert Staats-Lava Ice Cream Daniel Wagner-Shoreline Concessions Donnelly Amico announced the lottery had ended and was adjourned at 10:06 am. CERTIFICATION I, DONNELLY AMICO, Deputy Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey do hereby attest these to be a true copy of Minutes of the Vendor Lottery held on April 6, 2009 at 10:00 am. _______________________________ Donnelly Amico Deputy Municipal Clerk BOROUGH OF LAVALLETTE (minutes) REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, March 23, 2009– 7:02 pm Download As PDF CALL TO ORDER: Council President Zalom, presiding ROLL CALL: Council Members Wenzel, Lamb, Stogdill, Horan and Filippone Councilman Lamb and Councilwoman Filippone were absent. 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: Council President Zalom asked for a Moment of Silence for all the troops overseas that cannot be with their loved ones at this time. PLEDGE OF ALLEGIANCE: Councilman Horan led the Salute to the Flag. MAYOR’S WELCOMING STATEMENT: COMMENTS FROM PUBLIC: (Items not listed on Agenda/not staying for remainder of meeting) Pat Marrone, President of the Beautification Committee stated that the Committee is dedicated in preserving the beauty of Lavallette and are not in favor of the advertising on the beach lifeguard stands. The Committee does not think this is in the best interest of the town. The Beautification Committee’s job is to enhance the beauty of Lavallette and this is not a part of that beauty. The Committee would like to go on record as being opposed to this advertising. The Committee applauds the Mayor and Council’s hard work at trying to bring in extra revenue for the town and we understand that maybe we are too late but would like Council to think hard next year and choose another venue of revenue. Tom Cullen, President Avenue stated that he has been a part of this town for thirty years and considers it a town of beauty. He is a member of the Lavallette Business Association and was advised of this advertising at their recent monthly meetings. He is also in opposition of this advertising on the lifeguard stands. He believes we can bring in more revenue by stricter enforcement of the badge checking. He stated he made it a point to go to Seaside Heights and Point Pleasant Beach and review their advertising. He stated we do not want to eventually be what they are now. The whole purpose of this town is to preserve the beauty of it. He drove down the highway in this town and see beautiful houses being constructed. Both of the Associations in town, LBA and LVT are opposed of this, also. Council President Zalom stated that with the economy the way it is going the Borough of Lavallette is trying to bring in as much revenue as possible for the town. This is only a one-year contract so if we are not happy with what we see, we certainly will not renew the contract. Mayor and Council do their best to keep the taxes low and the budget low and these are the ways we can do it. The signs are not large in size and we have been talking about for many months at our public meetings. Councilwoman Wenzel stated that she received a letter in her mailbox from the LVT in opposition of this advertising also. Unfortunately, nobody came forth when all the discussions were being made and the resolution was approved. This resolution was already passed and the contract was already executed so there is nothing we can do about it now. She thanked the citizens for coming out now and voicing their opinions but unfortunately it is a done deal for this year. We will have to look at this again next year. Mr. Parlow stated that the Mayor and Council have to approve the advertisements before they go out. They are giving the Lavallette businesses a 15% discount and are giving them first option before it goes out nationally. Pat Marrone, Beautification Committee stated that there are no residents around in the winter, they are all in Florida. We should think about that before we discuss these big issues. Lach Cameron, 115 President Avenue questioned when the resolution was approved and was it at a public meeting? Mr. Parlow stated that it was approved at the March 9^th Public Meeting. PROCLAMATION: WOMEN’S HISTORY MONTH Council President Zalom read aloud the Proclamation. APPROVAL OF CLERK’S MINUTES: Caucus/Regular Minutes of March 9, 2009 Executive Session Minutes of March 9, 2009 Bid Opening Minutes of March 18, 2009 A Motion was made by Councilwoman Wenzel to Approve the Minutes. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. RESOLUTIONS – ON CONSENT: 2009-94 authorizing a bingo license to St. Pio of Pietrelcina to hold their summer bingo games in July, August and one in September at their Parish Hall 2009-95 declaring the Month of March as “National Nutrition Month” 2009-96 authorizing the return of a refund check in the amount of $1,810.71 to Dell Financial Services 2009-97 authorizing the appointment of Stephen LaCicero as a seasonal temporary laborer for the Lavallette Public Works Department from April 1, 2009 thru September 30, 2009 at an hourly rate of $10.25 2009-98 authorizing an emergent condition for the temporary appropriations for the purposes mentioned 2009-99 authorizing the refund to Heather Gillespie in the amount of $50.00 for the cancellation of our officiate services 2009-100 authorizing the temporary appointment of Bryan Strazzella as a part time public safety telecommunicator - trainee for the Police Department at an hourly rate of $10.00 starting March 23, 2009 2009-101 authorizing the award of a contract for a 2010 or newer sanitation truck with rear loading packer body to Hunter Jersey Peterbilt, L.P. in the amount of $161,900 2009-101A authorizing transfers between appropriations budget accounts A Motion was made by Councilwoman Wenzel to approve the Consent Agenda. The Motion was seconded by Councilman Stogdill. Council President Zalom opened the floor to Public Comment on Resolutions On-consent, Off-consent and Approval of Vouchers. There was no public comment. Council President Zalom closed the floor to Public Comment and asked for a vote on the Consent Agenda. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. RESOLUTIONS-OFF CONSENT: There were no resolutions off consent. APPROVAL OF VOUCHERS: 2009-102 Bills List in the amount of $419,683.85 A Motion was made by Councilwoman Wenzel to Approve the Bills List. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. ORDINANCES ON FOR FINAL ADOPTION/SECOND READING Bond Ordinance No. 2009-05 (1058) PROVIDING FOR ROAD IMPROVEMENTS TO BOND AVENUE, AND APPROPRIATING $185,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $30,000 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 Council President Zalom to Adopt Bond Ordinance No. 2009-05 (1058). The Motion was seconded by Councilman Stogdill. Council President Zalom opened the Public Hearing. There was public comment. Council President Zalom closed the Public Hearing and asked for a vote. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. Ordinance No. 2009-06 (1059) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 24 OF THE BOROUGH CODE ENTITLED “ELECTRICAL STANDARDS” SO AS TO REVISE SECTION 24-10 ENTITLED “RATES” Mr. Parlow stated that this is lowering our electric rates by 10% in the summer and 12% in the winter. A Motion was made by Councilman Horan to Adopt Ordinance No. 2009-06 (1059). The Motion was seconded by Councilwoman Wenzel. Council President Zalom opened the Public Hearing. There was no public comment. Council President Zalom closed the Public Hearing and asked for a vote. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. Ordinance No. 2009-07 (1060) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 52 OF THE BOROUGH CODE ENTITLED “SEWER USE” SO AS TO REVISE SECTION 52-24 ENTITLED “CAPITAL/INFILTRATION CHARGE” Mr. Parlow stated that due to a significant increase in our OCUA charges and an increase in infiltration in the town we had to increase the capital infiltration charge by $50.00 per year. A Motion was made by Councilman Stogdill to Adopt Ordinance No. 2009-07 (1060). The Motion was seconded by Councilwoman Wenzel. Council President Zalom opened the Public Hearing. The was no public comment. Council President Zalom closed the Public Hearing and asked for a vote. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. The Motion passed. UNFINISHED BUSINESS: Councilwoman Wenzel stated that the Public Works Department has revised the garden/landscape plan and she brought the hard copy to tonight’s meeting in the hope of receiving an approval but she would be willing to hold off on the discussion until all the member of Council are present. She explained that the Borough had applied for a grant in the amount of $7,500 and received $5,000 so we had to revise the plan to account for the reduced funding. The plantings are going to be planted around the Tennis Courts. We are hoping to do the plantings on May 9^th in conjunction with the bayfront cleanup because we have the volunteers to help us. We are considering a pathway in clamshells for a low impact foot path. Council President Zalom stated that she has received a lot of feedback from people in town who do not want the blacktop by the basketball courts removed so we need to think about that further. She also stated that with the escalation of bicycles we need to still figure out a way to make the bicycling in town safer. There is an ordinance in town that prevents people from riding on the sidewalks and that is what most of our residents do. We really need to get a bicycle committee together and figure something out for this summer season or someone is definitely going to get seriously hurt. Our Chief of Police asked for the bicycles to be allowed on the boardwalk during a certain time period and she thinks we need to look further into that request. Mayor LaCicero arrived at 7:49 pm. The Mayor presided over the meeting. NEW BUSINESS: Councilwoman Wenzel stated that she was concerned about a banner by the school on Rt. 35 South looking for tuition students. She thinks that it is a distraction to drivers and does not even think it is legal to have it there. Mayor LaCicero stated that he will talk to the Chief about it. Councilwoman Wenzel stated that the Lavallette Voters & Taxpayers have invited this Assemblyman to speak about the consolidation of donut towns on April 16^th in Council Chambers. Her concerns are that the Council Chambers will not hold the capacity of the amount of people that she thinks are going to attend. Mayor LaCicero stated that he will speak to the Chief about having police presence at this meeting and making sure that the LVT, who is sponsoring the event, keeps track of the amount of people coming in and make them aware that this room can only hold the maximum of 87 people. Councilwoman Wenzel stated that we received a Clean Communities grant from the State and it was $50.00 higher than last year. She stated that the Environmental Committee is getting involved with the Shellfish Restoration Program which is being called “Re-Clam the Bay”. Part of the program is having a “Giant Clam” placed around certain municipalities. We would be the first northern barrier island town to do this. The cost is $3,500 and the Environmental Committee has already secured the funding from Heritage Committee and an anonymous donor in town and we are looking to place it in front of the Beach Badge office. We would like to have an artwork contest with the Environmental Committee people as judges and then we would like to unveil the Clam at Heritage Day. The Environmental Committee is very excited about this because this is the beginning of the clam trail on the northern barrier island. Also, this Wednesday at the Library the Environmental Committee will be having a speaker from Clean Ocean Action to discuss the Barnegat Bay Buddy program. She stated that a letter will be going out on March 30^th explaining the transition of the garbage schedule and the details on the change. Council President Zalom stated that we received the Transportation Grant this year but it is $150 less than last year. COMMENTS FROM THE PUBLIC: Clem Boyers, 20 Kerr Avenue questioned where the calendars are at? Mr. Parlow stated that he is hoping to have it to the printer by the end of the week. Mr. Palinsky, 122 Washington Avenue thanked Mr. Parlow for the decrease in the electric rates and all his hard work on that. He also stressed that there should be no shells anywhere near the Helipad because it would be a very dangerous situation for the first aiders. He stated that when that helicopter comes down those shells will blow upward and it will be flying like shrapnel. He asked that the Council reconsider the shell pathways. He also questioned if we go ahead with the giant clam program would the Borough be exempt from the zoning fees and permits. Mayor LaCicero stated that Borough property is exempt from any permits. Gail Stefanelli, 122 Camden Avenue stated that she has a problem with bicycles on the boardwalk. It would be very problematic for families with young children. Mayor LaCicero stated that this request did not get very much support last year and he does not believe it will happen this year either. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Council President Zalom stated that there were four firefighters that received plaques for fifty years of service to the Lavallette Fire Department. One of those men is in Florida and when he returns she would like to do something for them at one of our meetings. Councilman Lamb arrived at 8:06 pm. Council President Zalom stated that her monthly activity calendars are on our website and the schedule can be downloaded at the site. We have also made packets for residents to send to the State to ask for their help with our drainage problems in our town. The more requests for their help, the more they might see what a problem it is. EXECUTIVE SESSION: Mr. George stated that we need to go into an Executive Session concerning DEP litigation regarding our IP permit and DPW personnel with no action being taken. A Motion was made by Councilman Horan to adjourn the meeting and enter into Executive Session. The Motion was seconded by Councilman Stogdill. All were in Favor. The Motion passed. The meeting was adjourned to Executive Session at 8:11 pm. A Motion was made by Councilman Stogdill to resume the Regular Meeting. The Motion was seconded by Council President Zalom. All were in favor. The Regular Meeting resumed at 8:19 pm. Mr. George stated that the discussion was the DEP regulations regarding fines and budgetary personnel regarding vacant laborer positions and interviews. No action was taken. ADJOURNMENT: A Motion was made by Councilwoman Wenzel to adjourn the Regular Meeting. The Motion was seconded by Councilman Horan. All were in Favor. The Motion passed. The Meeting was adjourned at 8:20 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 23^rd day of March 2009. _____________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (minutes) BUDGET MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Wednesday, March 18, 2009 – 4:02 pm Download As PDF CALL TO ORDER: Mayor Walter LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Stogdill, Lamb, and Horan Councilwoman Filippone was absent. Also present: Christopher F. Parlow, Borough Administrator/Municipal Clerk Donnelly Amico, Deputy Municipal Clerk Michele Burk, Chief Financial Officer 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 Asbury Park Press and the Ocean Star. Notice was posted on the Municipal bulletin board and the Municipal Website. BUDGET HEARING: ADMINISTRATION AND UTILITIES Mr. Parlow announced that Council President Zalom will be late to the meeting and asked if we could start with the utility budgets. Mr. Parlow explained the budget document as it was provided to Mayor and Council. He explained that the document is a summary of all revenues and appropriations for all departments. The document provides summary information on all line items. This is a first run of all revenue items to give us some idea of the tax rate. Water Utility Mr. Parlow explained the revenue side of the water utility. The anticipated revenue amounts are limited to what was collected in the prior year. The rents collected in 2008 were $707,452 and are anticipated to be $700,000 in 2009. The current fund pays the water utility $22,050 for fire hydrant service. The water surplus from the prior years is $183,000 of which $122,000 will be used to balance the 2009 budget, which will leave a total of $63,000. Fortunately, there are surplus balances in the water utility fund, if not a rate increase would have been needed. Councilman Lamb arrived at 4:12 pm. Mayor LaCicero questioned if the surplus was built up from rates. Michele Burk stated that it was from excess of anticipated revenue. Mayor LaCicero questioned if the Borough was required to pay for the hydrant service. Michele Burk stated that per our ordinance we are required to pay approximately $250.00 per hydrant. Mr. Parlow stated that the salaries and wages increased from $235,000 last year to $243,500 for 2009. The overtime in 2008 that was spent was $30,815.67 and $38,000 was budgeted. This year we are looking budget the same amount. The sewer overtime spent in 2008 was just over $8,000 and $8,200 was budgeted. Other expenses went from $202,500 in 2008 to $219,000 in 2009. The biggest increase is the cost of health benefits. $25,000 is budget for meter purchases in the Capital Outlay section. Mr. Parlow discussed the Debt Service Section of the Water Utility budget. He stated that the next two years will be difficult for the utility based on the level of debt service payment requirements but should drop off in years three and four. Mayor LaCicero questioned whether we should anticipate a possible rate increase in the next year or so. Mr. Parlow stated that we are going to have to monitor the next year. Next year is looking a little tight. Mr. Parlow reported that the utility share of the PERS bill has increased from $11,400 in 2008 to $14,900 in 2009. Sewer Utility Mr. Parlow reported that the sewer surplus is $79,923.12 of which $48,000 will be used to balance this budget. Mr. Parlow reported that the operating budget is $1,398,000 and the utility needs to raise $100,000 to balance the budget. The will be raised by the sewer rate increase. He reported that the OCUA charges was the largest increase in costs for the utility. $554,000 was budgeted in 2008 to and $583,500 is needed in 2009. The Debt Service will see no relief in the next forty years mostly because of the overlapping debt associated with the USDA and the Wastewater Treatment Load Program. Unfortunately, there is no real way to save money with this utility. Hopefully, the infiltration study will help us out. Most of our infiltration problems come from laterals, sump pumps and the infiltration on the ocean blocks. Mayor LaCicero questioned how much to survey the laterals again. Mr. Parlow stated that that the cost of that project was between $17,000 and $20,000 and the USDA funded the project through grant funds. Councilwoman Wenzel stated that she would look into surveying the laterals again. Electric Utility Mr. Parlow stated that based on the results of the new managed purchasing contract approved last year the utility is in good position this year. The overall budget went from 3,200,000 last year to $3,067,000 this year. The power purchased was $2, 532,000 in 2008 to $2,342,000 in 2009 which is a large decrease. The overtime spent was $3,958.07 and of a budget of $10,500. Councilwoman Wenzel stated that we have been working a lot on that department. They have been maintenancing their equipment and would prefer to do their job within their work hours and simply do not want the overtime. She stated that she had a conversation with the Supervisor and he is very interested in installing the automated meter system and it will save us money in salaries and wages. Mr. Parlow stated that has included the metering system with applying for the stimulus money. The Superintendent has also requested this in his Capital Items in the amount of $250,000 Councilwoman Wenzel stated that the utility linemen have stated that they can do all of the work need to install the meters in house. Mr. Parlow stated that we have been putting new meters in every time there is a new construction or a problem with a meter. He stated that an analysis is maintained that compares the energy purchased to the energy metered and has found no significant drop off in that ratio. He reported that there is an expected line loss in the system. Mr. Parlow stated that some of the capital projects are improvements to Bond Avenue, an ordinance for improvements to boardwalk and an air conditioning unit for $6,500 from buildings & grounds. The Beach Patrol has asked for a Public Address System. Mr. Parlow suggested that this item be place in the to be funded in future years section. The Fire Department has asked for a ventilation system due to the vehicles fume problems. Michele Burk stated that she thinks that it is a mandatory situation that has just kept being put off. Mayor LaCicero stated that he does not believe it is a mandatory situation and suggested maybe the county would like to help out with that being that they hold their nutrition program there. Council President Zalom arrives at 4:45 pm. Mr. Parlow stated that OSHA did an inspection of the premises in November and that was not on their list of hazards. Council President Zalom stated that she will look into any grants that might help them out. Mr. Parlow stated that the capital list for the Police consists of a fingerprint machine, a new CAD System, new police radios, new air conditioning for the police department and building renovations. The Borough has put in a request for funding of the police equipment through the Homeland Security stimulus monies. Mr. Parlow stated that we are fewer news racks being placed on Grand Central Avenue. He suggested that the purchase of Borough owned news racks be put off for at least this year. He stated that there is no reason for the Borough to commit to the newsracks if there is no going to be enough newspaper vendors out there to purchase them. Mr. Parlow stated that there was a request from the Superintendent to refurbish the water supply. Councilwoman Wenzel stated that the Superintendent would like to eventually upgrade the Skada System. This is a computer system that tallies the water usage. The Borough has been told that this system can also be used to monitor alternative energy such as windmills. This might work out to all fit into one package. Mr. Parlow stated that the electric department has requested a new bucket truck as well as the new meters with the ERT system. There is also a carry over project from last year for the purchase of solar powered street lights. Current Fund Mr. Parlow went of the revenue section of the current fund budget. He stated that there are various types of revenues. The amount anticipated in this year’s budget is limited to the amount received in 2008. He stated that the surplus balance in 2007 was $821,000 and $460,000 of that was used to balance the 2008 budget and the balance in 2008 ended up at $811,000, a difference of $10,000. Mayor LaCicero questioned what we are lapsing in 2008 for 2010? Michele Burk stated that there is $118,108 of unanticipated revenue that was surplus from 2008. We were able to cancel some salaries in Public Works so there is still $82,000 waiting to be lapsed. The appropriation reserve is $211,000 and the encumbrances are $195,000, which leaves $16,000 as unexpended. Mr. Parlow stated that with the new ordinance increasing the fees we should have some surplus for next year to use. Mayor LaCicero stated that if we possibly needed to use that money we could use some of it now. Mr. Parlow stated that the State has reduced the Energy Receipt Tax by $9,000. The League of Municipalities has reported that they are set to fight this reduction but no action has been taken thus far. Administration Mr. Parlow stated that the Salaries and Wages allocations for certain members of the administrative office have been modified to charge the Construction Department Trust. There is no request for additional staffing requested and the overall budget for the Administrative Offices has decreased by $4,420. Mr. Parlow reported that the engineering budget has been reduced by $18,000. This is due to the preparation of last year’s IP for beach and dune maintenance. Mr. Parlow stated that the salary allocation for the Planning Board Secretary has been moved to the Construction Trust so there were some Current Fund savings. Mr. Parlow reported that the tax levy stands at 5.06% over last year’s levy, which is 1% over the cap levy limit. Mayor LaCicero suggested that we not do any adjustments today. He would like all Council Members to discuss possible areas of adjustments in their departments. Mr. Parlow stated that all costs associated with the Construction Department are charged to the Construction Trust Fund. The Fire Department has requested an increase of $14,500 in their budget. There are basically no changes in Municipal Court. The recreation budget was decreased by $4,000 to go towards the acquisition of the bus. The Beach Budget has to fund one additional week for the summer season this year but we have kept their budget flat as well. Mr. Parlow stated that the Natural Gas rates have much doubled over the course of two year, so we need to increase that line item to $15,000. The Police pension payment has gone from $99,183 in 2008 to $135,930 in 2009 so that is a big chunk in our budget. We do have the ability to defer the payment by 50% of the costs but he would not recommend it. Mr. Parlow stated that PERS has increased from $126,000 in 2008 to $159,000. Mr. Parlow reported that this should be the last year of large increase. We have the new Interlocal with Seaside Park for website services and an Interlocal with Seaside Heights for their Senior Bus Services. Our grants have no affect on our budget; they are anticipated as revenue with an offset in appropriations. Michele Burk stated that this year the budget must be reviewed and approved by the Department of Community Affairs so there is much more paperwork that needs to be submitted. Mr. Parlow stated that the Reserve for Uncollected Taxes has increased due to the increase in delinquent taxes from 2008. We have also realized a greater amount as a revenue amount as collected from delinquent taxes. Therefore, the total budget for 2009 is $7,080.462, which is over $400,000 greater than 2008. Mayor LaCicero stated that the Council needs to go back to their department heads and see what adjustments can be made. ADJOURNMENT: A Motion was made by Councilman Stogdill to Adjourn the Meeting. The Motion was seconded by Councilwoman Wenzel. All were in Favor. The Motion passed. The Meeting was adjourned at 6:23 pm. CERTIFICATION I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey do hereby attest these to be a true copy of the minutes of the Regular Meeting of the Mayor and Council held on the 18^th day of March 2009. _____________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE BID OPENING 2010 OR NEWER SANITATION TRUCK WITH REAR LOADING BODY MINUTES Wednesday, March 18, 2009 – 11:00 am Download As PDF Present: Christopher F. Parlow, Administrator/Municipal Clerk Donnelly Amico, Deputy Municipal Clerk Chris Parlow opened the bid opening at 11: 00 am and asked if there were anymore bids to be received. Mr. Parlow stated that we received two bids and the receiving of bids is now closed. There were representatives from Hunter Peterbilt and Freedom International in the audience. Bidder Bid Amount Hunter Peterbilt $161,900.00 524 Monmouth Road NJBRC Received PO Box 729 Clarksburg, NJ 08510 Freedom International Trucks, Inc. $157,906.00 6601 New State Road NJBRC Received Philadelphia, PA 19135 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 Bid Opening held on the 18^th day of March 2009 ______________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (minutes) CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, March 9, 2009 – 7:04 pm Download As PDF CALL TO ORDER: Mayor Walter G. LaCicero, presiding ROLL CALL: Council Members Wenzel, Lamb, Stogdill, Horan and Filippone Council President was not present at the start of the meeting. Councilwoman Filippone was not present. 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: The Mayor asked for a moment of silence for longtime resident Patricia Slowinski who past away last week from a brain tumor. PLEDGE OF ALLEGIANCE: Councilman Stogdill led the Salute to the Flag COMMENTS FROM PUBLIC (Items not listed on agenda / not staying for remainder of meeting) The Mayor asked that if anyone wished to speak about anything that was not on the agenda could do so now. No one wished to speak at this time. The Mayor closed the public comment portion of the meeting. APPROVAL OF CLERK’S MINUTES Council President Zalom arrived at the meeting at 7:25 pm. Caucus Minutes of February 9, 2009 Bid Opening Minutes of February 10, 2009 Public Works Budget Meeting Minutes of February 11, 2009 Police Budget Meeting Minutes of February 18, 2009 A Motion to Adopt the Minutes was made by Councilwoman Wenzel. The Motion was Seconded by Councilman Horan. Vote: Council Members Zalom and Horan voted Yes. Councilwoman Wenzel abstained on February 18^th minutes and voted Yes to all others. Councilman Stogdill abstained on February 11^th minutes and Yes to all others. Councilman Lamb Abstained on all Minutes. The Motion passed. REPORTS: a) Water and Sewer Infiltration Report for Fourth Quarter 2008-Councilman Horan-stated that there is an increase in the infiltration due to the excessive rainfall in the fourth quarter. Mr. Parlow stated that the only way of find out where the flow is coming from is to have Public Works go out on a rainy night and start checking man hole for heavy flow. Mayor LaCicero stated that the Public Work employee should go out on a dry night and get a baseline reading and then go out on a rainy night so they have a comparison. b) Public Works Report for the March 2^nd Snowstorm-Councilwoman Wenzel-stated that the overtime for the snowstorm was $6,581.63. There was also a transformer down that night and the electric overtime amount was $426.22. This was an average amount of overtime for a snowstorm. There is a snowstorm trust fund amount of $29,000. She would like permission to pay for overtime from that snow trust fund. The Mayor ask if she would like to put that in a form of a motion. A Motion was made by Councilwoman Wenzel to charge the overtime from the snowstorm to the snow trust fund. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed. j) Tax Account Status Report for February-Tax Collector k) Revenue Transaction Report for January-Chief Financial Officer A Motion was made by Councilman Stogdill to approve the reports. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed. RESOLUTIONS – ON CONSENT: 2009-77 authorizing the Electric Collector to adjust an electric bill due to an over read 2009-78 appointing Bruno Hornung as a member to the Environmental Committee-Council President Zalom welcomed Bruno to the Committee. 2009-79 authorizing the Electric Collector to adjust an electric bill due to the meter not resetting 2009-80 authorizing an amendment to the Capital Budget for 2009 Project Improvements to Bond Avenue 2009-81 authorizing the emergency temporary appropriations in the Current Fund line item-Mr. Parlow stated that because the budget has not been adopted as of yet there is a need to make temporary modifications. The appropriations items include monies fot the IT agreement with Seaside Park, some money for Planning Board and the energy audit grant. 2009-82 revising the annual salary of the Municipal Alliance Coordinator-Councilman Lamb questioned the revision. Mr. Parlow stated that there were some modifications according to the grant that affected the way the coordinator is to be paid. She is basically a consultant and will get paid based on her programs. 2009-83 approving the annual certifications submitted to the Borough by emergency service organizations of all volunteer members who have qualified for credit under the LOSAP Program for the previous year-Council President Zalom praised this program and stated she started this five years ago. 2009-84 authorizing the participation in the PARIS grant (Records Management) with the County of Ocean-Councilman Stogdill stated that this is wonderful news for the Borough of Lavallette. The Borough needs a safer place to store municipal records off the island. 2009-85 authorizing the execution of an inter-local service agreement to perform information technology services with the Borough of Seaside Park-Council President Zalom stated that she is very proud of this agreement and the Administrator of Seaside Park is thrilled with it. 2009-86 authorizing the Mayor to execute an Interlocal Agreement with the Ocean County Prosecutor’s Special Operations Group 2009-87 approving two applications for the Lavallette PTA to hold a 50/50 On Premise Raffle and a On Premise Gift Raffle at their Spaghetti Dinner to be held on April 24, 2009 2009-88 authorizing the purchase of a Ocean County Surplus Vehicle for use by the administrative office 2009-90 awarding a contract for the performance of an energy audit to Concord Engineering Group in the amount of $37,454.11 2009-91 authorizing the electric collector to remove one electric account due to a conversion f from a three family to a two family 2009-92 authorizing a contract with Kerwin Communications, Inc. for the advertising program at the Borough of Lavallette beaches-Mr. Parlow stated that the Borough went out to bid for advertising on the lifeguard stands and the lifeguard tower> There was only one bid received and it was from Kerwin Communications. Mr. Parlow stated that the estimates income from the sale of displays could reach $136,000 of which the Borough would receive 25% of that amount. This is a one year contract with an option for a second year. The contract also provides a 15% discount to the Lavallette businesses who take part in the advertising program. Council Lamb asked to have Resolution # 2009-89 move to the Off-consent agenda, The Mayor opened public comment on the On-consent agenda, the off-consent agenda and the bills list. There was not public comment. A Motion was made by Council President Zalom to approve the Consent Agenda. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Stogdill and Horan voted Yes. Councilman Lamb abstained on Resolutions 2009-77 and 2009-83 and voted Yes to all others. The Motion passed. RESOLUTIONS-OFF CONSENT: 2009-89 authorizing the acquisition of a bus in the amount of $15,110.00- Council President Zalom stated that for emergency purposes the Borough definitely needs a bus as well as for local events. She reported that we have found a much nicer bus for the same amount of money. She thanked Mr. Parlow for his work and finding another bus. Mr. Parlow stated that this bus is by far a much better bus for the price. The bus company is going to paint and letter it with Borough of Lavallette at no charge. Councilwoman Wenzel questioned who was going to be in charge of the maintenance. Council President Zalom stated that the Transportation Grant will be taking care of the maintenance and the bus will be maintained by an outside facility. Councilman Lamb questioned whether we should be purchasing a bus with the economy the way it is? Mr. Parlow stated that Council President Zalom is willing to reduce her Recreation budget by $4,000 for any maintenance that needs to be done on the bus and in four years it is more than paid off. A Motion was made by Council President Zalom to approve Resolution 2009-89. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed. APPROVAL OF VOUCHERS: 2009-93 Bills List in the amount of $1,203,178.83 A Motion was made by Councilman Stogdill to approve the Bills List. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan voted Yes. The Motion passed. ORDINANCES ON FOR INTRODUCTION/FIRST READING Bond Ordinance No. 2009-05 (1058) PROVIDING FOR ROAD IMPROVEMENTS TO BOND AVENUE, AND APPROPRIATING $185,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $30,000 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 Mr. Parlow stated that this ordinance is for the road improvements to Bond Avenue and in order to receive the grant money we need to award a contract by July. There was also a change in the Bond Law and the Borough no longer is required to budget the 5% down payment and with the exception with the preparation of the specifications all other costs are reimbursable through the grant. A Motion was made by Councilwoman Wenzel to introduce Bond Ordinance 2009-05(1058). The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan. The Motion passed. Public Hearing and Final Adoption will take place on March 23, 2009 Ordinance No. 2009-06 (1059) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 24 OF THE BOROUGH CODE, ENTITLED “ELECTRICAL STANDARDS” SO AS TO REVISE SECTION 24-10 ENTITLED “RATES” Mr. Parlow stated that the Borough will be able to decrease the electric rates as of June 1^st thanks to our managed contract pricing. The summer rate will decrease by 10% and the winter rate will decrease by 12%. Councilman Horan stated that Mr. Parlow works very hard with the Public Power Association to get the Borough the best price for our electric utility, so we can thank him for the decrease of the rates. A Motion was made by Councilman Horan to Introduce Ordinance 2009-06(1059). The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed. Public Hearing and Final Adoption will take place on March 23, 2009 Ordinance No. 2009-07 (1060) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 52 OF THE BOROUGH CODE, ENTITLED “SEWER USE” SO AS TO REVISE SECTION 52-24 ENTITLED “CAPITAL / INFILTRATION CHARGE” Mr. Parlow stated that the bad news is the sewer surplus is down $79,000 mostly due to the OCUA costs increasing due to a 4% rate increase. In 2007 the Borough had a credit that we were able to use in 2008; this year’s credit is significantly smaller due to an increase in infiltration. The utility budget is about $100,000 short. The rate for capital infiltration needs to be increased by $50.00 per year per property. A Motion was made by Councilwoman Wenzel to introduce Ordinance 2009-07(1060). The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed. Public Hearing and Final Adoption will take place on March 23, 2009 ORDINANCES ON FOR FINAL ADOPTION/SECOND READING Ordinance No. 2009-02 (1055) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER 7 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “BATHING AND BEACH CONTROL,” AMENDING CHAPTER 89 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “VEHICLES AND TRAFFIC”. Mr. Parlow stated that the weekly badge is going from $20 to $25 and the season badge is going from $40 to $45 with the pre-season price remaining at $35. The $12 Senior Citizen badge will now be available to disabled veterans and military personnel on active duty. A Motion was made by Councilwoman Wenzel to adopt Ordinance No. 2009-02 (1055). The Motion was seconded by Councilman Horan. Mayor LaCicero opened the Public Hearing and asked if anyone wished to speak. There was no public comment. Mayor LaCicero closed the Public Hearing and asked for a vote. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed. Ordinance No. 2009-03 (1056) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 20 OF THE BOROUGH CODE, ENTITLED, “CONSTRUCTION CODES, UNIFORM” Mr. Parlow stated that the Construction Official by ordinance is required to review the construction fees every six months. Mr. Warnebold has reviewed the fee schedule, has performed a comparison to other towns and has made the recommendations contained in the ordinance. A Motion to Adopt Ordinance No. 2009-03 (1056) was made by Councilman Stogdill. The Motion was Seconded by Councilwoman Wenzel. Mayor LaCicero opened the Public Hearing and asked if anyone wished to speak. There was no public comment. Mayor LaCicero closed the Public Hearing and asked for a vote. Vote: Council Members Wenzel, Zalom, Lamb Stogdill and Horan voted Yes. Councilwoman Filippone was absent. The Motion Passes. Ordinance No. 2009-04(1057) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 37 OF THE BOROUGH CODE, ENTITLED “HEALTH”, WHEREAS TO ESTABLISH ARTICLE III ENTITLED “RETAIL FOOD ESTABLISHMENTS” Mr. Parlow stated that this section of the code book was omitted during the re-codification and needs to be included in the code. The borough needs to readopt these provisions. He also reported that the “Retail Food Establishment License” fee is being increased from $75 to $100. A Motion was made by Councilman Stogdill to adopt Ordinance No. 2009-04 (1057). The Motion was seconded by Councilman Horan. Mayor LaCicero opened the Public Hearing and asked if anyone wished to speak. There was no public comment. Mayor LaCicero closed the Public Hearing and asked for a vote. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed. COMMUNICATIONS: New Jersey League of Municipalities a) Legislative Update(Three Issues)/Pension Payment Deferral Bill Update, Amendment Adopted/Law Officers Appeal of Suspension A-3481/S-1336/Inherently Beneficial Uses/Received February 6, 2009 b) Redevelopment Training Opportunities(NJRA)/Received February 9, 2009 c) COAH-Affordable Housing Update/Received February 10, 2009 d) Legislative Update/Pension Payment Deferral Bill Update/New Senate Bill Introduced/Forced Consolidation Bill Heard and Held/Inherently Beneficial Uses/Emergency Management Coordinator Flexibility/Received February 10, 2009 Mayor LaCicero stated that this is to consolidate the donut municipalities which they consider as not completely encompassed by water. Councilwoman Wenzel stated that she has been told that the Lavallette Voters and Taxpayers have asked this man to come and speak on this position. Mayor LaCicero stated that he heard that to and the date is April 16^th at Borough Hall. He also stated that final arguments would be heard on the Bay Beach Way Annexation on Thursday and they should reach a decision shortly. e) Senate Action on Stimulus Divergent Bills Go To Conference Committee/February 11, 2009 f) Federal Stimulus Funding Alert/Received February 12, 2009 g) A-3753 Municipal Library Funding Flexibility/Received February 12, 2009 h) Update on System wide Cable Franchises Public Access Stations/Received February 12, 2009 i) Federal Stimulus Package Presidents’ Weekend Update/Received February 13, 2009 j) Federal Funding Availability (Energy Efficiency and Conservation Block Grants/Received February 19, 2009 k) New Jersey Clean Air Council Public Hearing, April 1, 2009/Received February 19, 2009 l) A-3688(Cryan)/ S-14 (Codey)/Reduces Required Local Employer Contributions to PERS and PFRS for State Fiscal Years 2009 through 2011/Received February 19, 2009 m) Legislative Alert/February 19, 2009 n) Federal Stimulus Funding/Roads, Bridges and Transit/Received February 20, 2009 o) S-2577 & A-3772, “Concerning the Development of Non-Age-Restricted Communities”/Received February 23, 2009 p) Site Remediation Reform Act(S-1897 and A-2962)/Received February 23, 2009 q) Legislative Recap/Received February 25, 2009 r) Sustainable Jersey Goes Live/Received February 25, 2009 s) US Supreme Court Rules on Standards for Acceptance of Permanent Monuments for Display in Municipal Parks/Received February 26, 2009 t) Stimulus Transportation Funding News/Received February 27, 2009 u) New Jersey Economy/Received February 27, 2009 v) Federal Stimulus Funding US EPA/Clean Water and Drinking Water State Revolving Funds/Received March 3, 2009 w) 4% Tax Levy Cap/Received March 3, 2009 x) Important New Information from the Division of Local Government Services/Received March 4, 2009 y) Municipal Library Contribution Relief/Received March 4, 2009 z) Federal Stimulus Funding U.S. Department of Justice Byrne Justice Assistance Grants/Received March 4, 2009 aa) S-2485/Commercial Development Fee/Received March 4, 2009 bb) Governor Signs Law Officers Suspension Bill/Received March 5, 2009 General With No Action: a) ISO/Ruth Delia Morales, Field Representative/Building Effectiveness Grading Schedule/Received February 6, 2009 b) New Jersey Natural Gas/Stephen Rybka, Manager/Help is Available for Those Struggling to Pay Energy Bills/Received February 11, 2009 Council President Zalom stated that this is for anyone who is in need of assistance. c) New Jersey Natural Gas/France Karras/Notice of Public Hearing/Received February 11, 2009 d) SBE/Brian Ruiz/Third Party EMS Billing Service/Received February 11, 2009 e) State of New Jersey/Department of Environmental Protection/Jamie Herzog, Principal Environmental Specialist/Compliance Evaluation and Assistance Inspection/Water Quality/Received February 13, 2009 f) PMK Group/NJDEP Issues New Permits For Boilers and Heaters/Received February 17, 2009 g) Cablevision/Tricia Kaminski, Assistant/Tariffs for all Systems/Received February 17, 2009 h) State of New Jersey/Department of Labor and Workforce Development/James Revak, Assistant Chief/Inspection of Hazards at Lavallette Fire Department were Abated/Received February 17, 2009 Mayor LaCicero stated that the hazards were abated at the Fire Department. i) Skadden, Arps, Slate, Meagher & Flom/Cynthia Lewis, Energy Specialist/Compliance Filing/Exelon Generation Company/Received February 17, 2009 j) Congress of the United States/Congressman John Adler/Lavallette Borough School District to receive $95,000 Stimulus Monies/Received February 23, 2009 Mayor LaCicero stated that the Lavallette School is receiving $95,000 is stimulus monies which is great. k) Lavallette Board of Education/Steve Shohfi, Board President/copy of letter to Voters and Taxpayers in reference to School Consolidation/Regionalization/Received February 20, 2009 Mayor LaCicero stated that this is from the Board of Education President to the Lavallette Voters & Taxpayers in opposition of the school regionalization. Mayor stated that every district would have to agree to the regionalization so it most likely is not going to happen anytime soon. l) ASCI/Sri Rangarajan, Chair/Town Hall Meetings on New Jersey’s Water Infrastructure New Jersey Section of American Society of Civil Engineers/Received February 23, 2009 m) SPH Corp./Theresa Gallagher, Training Coordinator/Green Awareness Certification Program/Received February 23, 2009 n) County of Ocean/Arthur P. Burns, Supt. of Recycling Operations/January 2009 Recycling and Compost Reports/Received February 23, 2009 o) Rehabco, Inc./Ervin E. Oross, Jr., President/New Jersey Council on Affordable Housing/Received February 23, 2009 p) Jersey Central Power & Light/Michael J. Filippone, Director/Proposed Economic Stimulus Infrastructure Investment Program/Received February 20, 2009 q) County of Ocean/Mary Jerkowicz, Recycling Program Aide/Class B Recycling Facility 2008 Reports/Received February 24, 2009 r) Ocean County Planning Board/Mark C. Villinger, Senior Planner/Ocean County Natural Lands Trust Fund Status Report-February 2009/Received March 3, 2009 s) Ocean County Library/Jane Schneider, Branch Manager/Creating a Reading Garden for the Upper Shores Library/Received March 3, 2009 Council President Zalom stated that this is going to be a wonderful thing for library. It is going to be a beautiful addition to the library. t) Congress of the United States/Congressman John Adler/$1 billion in grant funding available for COPS Program/Received March 3, 2009 Mayor LaCicero stated that the Chief should look into this so we can hire a full time officer. u) United States Department of Commerce/US Census Bureau/Thomas L. Mesenbourg/2010 Census Complete Count Committee Guide/Received March 3, 2009 v) Ocean County Engineer/ Roger A. Shapley, Senior Engineer/Newark Avenue Bulkhead and Outfall Replacement/Received March 3, 2009 w) New Jersey’s Clean Energy Program/Colleen Kling, Program Coordinator/Approval of Facilities/Received February 26, 2009 x) Verizon/Stanley Howell/Tonnage Grant Information/Recycling Information Processed by Verizon and Credited to our Borough/Received March 5, 2009 General With Action: a) Lavallette Business Association/Barbara Janosko, President/Requesting of Approval of Sidewalk Sale Dates/Received February 6, 2009 Mayor LaCicero stated this was an annual request from the businesses and is good for the tourism. b) Parish of St. Pio of Pietrelcina/Rev. Msgr. Leonard F. Troiano/requesting permission to use the Fire House and First Aid Parking Lots on May 16^th 2009/Received February 12, 2009 Mayor LaCicero stated as long as it is okay with the First Aid and Firehouse its okay with us. c) County of Ocean/Betty Vasil/requesting Resolution from Governing Body to be part of the Records Information Management System with the County and Surrounding Towns/Received February 17, 2009 Mayor LaCicero stated we just voted yes on this resolution. d) Ocean County St. Patrick’s Day Parade Committee, Inc./John J. Sweeney, Parade Coordinator/requesting participation in the parade from Mayor and Council on March 14^th/Received February 24, 2009 Mayor LaCicero stated that he will be attending as well as some Council Members e) Thomas Janiszewski/Toms River, NJ/requesting to be married on the beach at New Brunswick Avenue on May 30^th/Received February 25, 2009 Mayor LaCicero stated this was okay and was not during our summer season. f) Ocean County Planning Board/David McKeon, Planning Director/Request for Assistance on Storm water Mapping/Received March 3, 2009 Mr. Parlow stated that this specific agency should have to do this by an Opra Request and pay the proper fees because it is very lengthy. Mayor LaCicero stated that he thinks we should help them out through the County instead of charging them. h) Lavallette First Aid Women’s Auxiliary/Audrey Zylinski, President/requesting permission to close some streets for their flea markets held in July and August Mayor LaCicero stated that this is done annually and we will take care of it. i) New Jersey Natural Gas/Stephen Rybka/requesting your attendance at their Green Energy Program Meeting being held on March 25^th/Received March 5, 2009 Mayor LaCicero asked Councilman Horan if he would attend this meeting. Councilman Horan stated that he would look into it. UNFINISHED BUSINESS: Councilwoman Wenzel stated that the calendar needs to get out soon which means we need to move on this garbage schedule. As of right now, we have two zones, Oceanside and Bayside with recycling pickup on the same day and a summer and winter schedule. The Council needs to make a decision on which option to choose for the winter schedule. She stated that she prefers Option 3 because it saves time and money for the Borough. She stated that this new schedule also requires another garbage truck which we are in the process right now of receiving bids. What we want to do for now until the new schedule is up and running is continue on with the current schedule until it expires and then go to winter pickup until May. We want the guys to do a couple of the new routes for a few weeks to get use to it before we jump into the new summer schedule. We also have an attendant at the Recycling Center for the convenience of our residents. She requested a vote from Council regarding what option they want to choose. The Mayor asked for a motion. A Motion was made by Councilman Lamb to accept Option 3 for the Winter Pickup Schedule. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Lamb, Stogdill and Horan voted Yes. Council President Zalom voted No. The Motion passed. Councilwoman Wenzel stated that the Borough received a grant for the native plantings at the Bayfront. The Borough requested $7,500 and received $5,000. Public Works has put together a draft plan that is going to be modified but she requested some feedback from Council. Councilman Lamb questioned how high the plantings are going to be? Councilwoman Wenzel stated that some of the plants grow very high but we can plant those in different places so that they will not affect any views. Councilman Lamb stated that he has some concerns about interfering with the helipad. Councilwoman Wenzel stated that we have some time and we need to modify the plan with the new amount. We will be ordering the plants around the first week in May. Save Barnegat Bay received their Starbucks grant and will be providing the volunteers. Mr. Parlow stated that we also need to keep the area clear for the fireworks. Councilman Horan stated that he thinks we need 150 feet x 150 feet for the helipad landing clear and he also had some concerns regarding the use of crushed shells in the area near the helipad. Council President Zalom stated that maybe we should check with the Engineer on that subject. Mayor LaCicero stated the only problem he has is the bayberry areas potentially to look like dunes and that is not a good idea. Councilwoman Wenzel stated that she will modify that area. She stated that she will come back at the next meeting with the modified plan and will need a definite answer that night. NEW BUSINESS: Council President Zalom stated that she was just at the CDBG meeting at the County and they are still running off of last year’s funding. The Borough requested $60,000 and now it looks like we are only going to receive $42,000. There are no monies available yet but they will let s know when and if additional monies become available. COMMENTS FROM THE PUBLIC: Clem Boyers, 20 Kerr Avenue thanked Chris Parlow for the decrease in the electric rates. He also questioned what the increase would be with the sewer rates. Mr. Parlow stated that the increase is $50 per year. Mr. Boyers questioned what Option 3 is for the winter schedule? Councilwoman Wenzel stated that Option 3 is pickup garbage and recycling one day a week in the winter and also Fridays for the boardwalk and business district Joe Palinsky, 122 Washington Avenue questioned whether Councilwoman Wenzel has checked with the FAA guidelines regarding the helipad. Mr. Palinsky questioned the status with the cable franchise? Mr. Parlow stated that the Ordinance is set to expire within the next couple of years. Our contract is with Cablevision. Mr. Palinsky stated that if FIOS is approved in our district Cablevision has the right to drop all of our Public Access channels. Mayor LaCicero stated that he will have Mr. George look into our Contract and see what the details are. Councilwoman Wenzel stated that we should have a County access channel for the entire County to keep us up to date on all of the County information. July Farfalla, 15 Bond Avenue questioned if any decisions were made on how to inform the shut-ins of all the information in the town. Council President Zalom stated that it will be on our Calendar entitled “Lavallette Luvs”. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Councilwoman Wenzel welcomed back Councilman Lamb and hopes he is feeling better. Councilman Horan also welcomed back Councilman Lamb. Council President Zalom welcomed back Councilman Lamb. She stated that the Environmental Committee had a wonderful speaker at the library this week. She also stated that the library has wonderful programs for toddlers. There will be the Beach Sweeps on April 25^th and the Recreation / Alliance will be holding the Halloween Hoedown on October 30^th. She has asked the Color Guard to come for Memorial Day. She spoke to Paul Materazo from MBI Gluck Shaw and he is going to fight for us with getting the light on Rt. 35 North and New York Avenue. Mr. Parlow stated that there is going to be a budget meeting on March 18^th . Mayor LaCicero stated that he and Mr. Parlow met with the County Engineer’s Office and they assured us that the outfalls that they did not get to last year are on the top of the list for this year as well as the Newark Avenue Bulkhead. Also, the PTA is holding a fundraiser called “The Dome Theater” which is a digital theater presentation of a movie. EXECUTIVE SESSION: Mr. George stated that we need to go into an Executive Session concerning three pending litigations. The first would be the Toscano Case, the Stanton Case and the DEP and we also need to discuss a DPW Contract issue. A Motion was made by Council President Zalom to go into Executive Session. The Motion was seconded by Councilman Horan. All members were in favor of. The Motion passed. Mayor and Council adjourned to Executive Session at 9:05 pm. A Motion was made by Councilman Stogdill to resume the regular meeting. The Motion was seconded by Councilman Lamb. All were in favor of. The Motion passed. Regular session resumed at 9:20 pm. Mr. George stated that our Executive Session was a 15 minute session discussing a trial date for the Toscano trial. The Mayor and Council also discussed a complaint that was filed by Ms. Stanton and the DEP litigation session being held on Thursday of this week at 11 am. The issue with the DPW Contract has not been resolved. ADJOURNMENT: A Motion was made by Councilman Lamb to adjourn the Regular Meeting. The Motion was seconded by Councilman Stogdill. All were in favor of. 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 9^th day of March 2009. _____________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE(minutes) BUDGET MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Wednesday, February 18, 2009 – 4:05 pm Download As PDF CALL TO ORDER: Mayor Walter LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Stogdill, Lamb, Horan and Filippone Council Members Wenzel and Lamb were not present Also present: Christopher F. Parlow, Borough Administrator/Municipal Clerk Donnelly Amico, Deputy Municipal Clerk Michele Burk, Chief Financial Officer Colin Grant, Chief of Police Councilwoman Filippone stated that the Mayor and Council President Zalom were running late so she was going to preside over the meeting until they get here. 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 Star. Notice was posted on the Municipal bulletin board and the Municipal Website. PLEDGE OF ALLEGIANCE: Councilwoman Filippone led us in the Salute to the Flag BUDGET HEARING: POLICE DEPARTMENT Mr. Parlow provided the Mayor and Council with a budget summary and detail of all salary and wage and other expense accounts within the Police Department. Mr. Parlow reported that the salary request is based upon the current contract with the PBA and Dispatcher Unions. Mr. Parlow reported that the Police Department has 12 full-time officers consisting of the Chief, four Sergeants and seven Patrolmen. There are four shifts with three officers on each shift and there is also a full-time year round Class II Officer employed to cover the eighth shift. The Chief has no requested any changes to this schedule. The salary and wages account is up almost ten percent due to the agreed upon cost of living adjustment and the step increases due a number of the officer who have not reached the top of the wage guide. There are currently two officers who still have three more steps and four officers who still have two more steps. Mr. Parlow reported that in the 2005 and 2006 budgets, the Police Department actually had a significant decrease due to a number of retirements within the department. Council President Zalom arrived at 4:11 pm. Mr. Parlow reported that there is an increase in the police overtime budget due to the higher hourly rates and not because of increase hours. The Police Department has actually decreased their overtime hours last year. Chief Grant stated that even $70,000 is stretching it a bit but with the grants we receive from the Prosecutor’s Office the department should be okay. Mr. Parlow stated that the office personnel’s overtime has a slight decrease. The summer specials remain the same as does the crossing guards. Chief Grant stated that the department will run the same crossing program this summer with using the Class I Specials as Crossing Guards for certain streets without increasing his Class I staff. Mayor LaCicero arrived at 4:18pm. Mr. Parlow stated that the Salaries and Wages for the crossing guards has remained the same. The crossing guards are used specifically for the school crossing Monday thru Friday. Chief Grant stated that there are three permanent Class II Officers, one full-time and two part-time and their productivity justify the expense. Mr. Parlow stated that the Shift Differential is contractual and the sick time buy back is also contractual. There is $2,500.00 that is budgeted for special events/emergencies. Chief Grant stated that is also for the mandatory training for Class I and II’s. Mr. Parlow stated that the police department is requesting the same amount in the other expense budget as 2008. Mr. Parlow also wanted to make clear that the Police Department has to put the police car purchases in operating budget and can not purchase the vehicles through the capital account. That is very important to understand because others department do not have to show their capital purchases in the operating accounts. The Chief should be given credit for coming in with a flat budget. Chief Grant provided the Mayor and Council with his capital item requests. The list included a Live-Scan Fingerprint machine, the CAD System, Motorola Radios for the police cars and the Electronic Traffic Sign. Chief Grant stated that this will be the second year he is requesting a new CAD system. Mr. Parlow stated that he has put in a request to purchase these items through a federal homeland security stimulus grant. The Chief stated that the fingerprint scan machine will allow the department to be connected with the FBI for identity. Mayor LaCicero questioned whether we could get grant money to fund the Class II officer. Mr. Parlow stated that he has not seen any grants such as the COPS fast program that would fund additional police officers. Councilwoman Filippone questioned why he would need these certain type of radios. Chief Grant explained that he has one of the radios in his car. When the police were in pursuit of a bank robber from Brick Township the only reason why the department was able to know what the vehicle description was and which way the vehicle was heading was because of the radio in his car being connected to the surrounding towns without any delay. This is really a safety issue above all else. Chief Grant stated that he is asking for a new CAD System again this year. The current CAD System was great at the time but now everyone has gone digital. EMERGENCY MANAGEMENT BUDGET Chief Grant stated that the Emergency Management budget is pretty much the same as last year. The Borough receives a lot of help from the County 966 Program. A Motion was made by Council President Zalom to adjourn the Budget Meeting. The Motion was seconded by Councilwoman Filippone. All were in favor. The motion passed. The Budget Meeting was adjourned at 5:02 pm. CERTIFICIATION 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 Budget Meeting of the Mayor and Council held on the 18^th day of February 2009 ______________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE(minutes) BUDGET MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Wednesday, February 11, 2009 – 4:00 pm Download As PDF CALL TO ORDER: Mayor Walter LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Horan and Filippone were present Councilman Lamb and Stogdill were not present Also present: Christopher F. Parlow, Borough Administrator/Municipal Clerk Donnelly Amico, Deputy Municipal Clerk Michele Burk, Chief Financial Officer Gary Schlosser, Supt. of Public Works Diana Turrian, Public Works Secretary 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 Star. Notice was posted on the Municipal bulletin board and the Municipal Website. PLEDGE OF ALLEGIANCE: Councilwoman Wenzel led us in the Salute to the Flag BUDGET HEARING: PUBLIC WORKS DEPARTMENT Gary Schlosser, Superintendent of Public Works stated that Public Works Salary and Wages has been reduced by roughly $9,400 from 2008. He reported that the request for salaries for seasonal employees remains the same. Mr. Schlosser reported that the Building and Grounds remains the same as 2008. The Public Works Department accomplished a lot of work this year. The department performed a number of renovations to the Public Works building and some housekeeping at the Borough Hall. The department is looking to put air conditioning in the Public Works buildings. Mr. Parlow recommended that any kind of energy upgrades or renovations should be held off until the Energy Audit is completed. The Borough should receive fund to pursue efficiency upgrades. He recommended leaving the Building and Grounds budget the way it is for now. Councilwoman Wenzel stated that even if we do the air conditioning before we receive the money we should be able to provide the documentation to prove we just installed it. Mr. Parlow stated we already received the proposals and we are in the first batch of approvals. There was one item within the proposal that was in question. The lowest bidder placed an exception to the scope of work. The project calls for completion to be within 60 days. The proposal was for 82 days. The consultant firm to the Board of Public Utilities now requires a letter from the Borough stating that we are in agreement to the exception. The contract should be on the agenda for the next meeting. Mr. Schlosser stated Councilman Horan asked him to look into LED Street Lighting. He called Rumsey Electric and they are getting some prices to me. Gary stated the Public Works Other Expense budget is down for 2009 a total of $1,000.00 and Schedule C is the same at $4,000.00. Mayor LaCicero questioned whether the Bulkhead Project from the County is included in that $4,000.00? Mr. Parlow stated that we already encumbered that money last year’s budget in the amount of $19,100. Mr. Schlosser stated that the amount for the Landfill remains the same. Mr. Parlow stated that the landfill costs are just a pass through and a dependant upon the amount of solid waste collected. The budget for landfill cost will depend on the tipping rates charged. Councilwoman Wenzel stated the only way to save on landfill costs is to improve your recycling. We are hoping to accomplish that this year. We are in the process of establishing a recycling task force with the Code Enforcement Office. Mr. Schlosser stated that garbage and recycling items remain the same with road repairs at $11,100. Mayor LaCicero stated that the amount recycled looks significantly lower then that of the previous years. Diana Turrian stated that not all of the tonnage reports for last year have been received and that that figure will go up. Michele Burk stated that the landfill tonnage is down by 200 tons. Councilwoman Wenzel stated that we get credited for the tonnage fees and the County issues us a check in the spring. Mr. Schlosser stated that we might have to increase the road repairs for the two hour parking signs on the highway. Mr. Parlow stated that we do not have an answer from the State yet regarding the request for two hour parking. He would not even commit to installing the signs until approval is received from the State. Council President Zalom arrived at 4:20 pm. Mr. Schlosser stated that Gas & Oil is at $105,000 this year. Last year we totaled $104,450 with a transfer in of $20,000 in mid-year. Ms. Turrian stated that the department also added on the Construction Department and charge that department separately. We do not see any other option right now with the cost of fuel going up and down frequently. Councilman Horan stated maybe we should look into hybrids. Mr. Schlosser stated that maintenance of Borough equipment is reduced by $15,000. Mr. Schlosser stated that they would like to keep the Beach/Boardwalk Ordinance open in case of any storm emergencies. Mr. Parlow stated that the Borough has traditional kept a bond ordinance open in the event that a storm hits and emergency repairs are needed. Mayor LaCicero questioned if the IP impacted the budget. Mr. Schlosser stated that we still need some fencing and we need to remove some more sand but that is about it. Our major concern right now is getting the boardwalk project completed. Mr. Schlosser stated that they would like to purchase a 2010 Refuse Hauler to help collecting garbage on the boardwalk to eliminate all garbage complaints on Ocean Front. This vehicle is electric driven and not gas operated. Council President Zalom stated that we do need that vehicle to take care of the receptacles in the summertime especially. Mr. Parlow stated that the funds for this vehicle have been budgeted for in past years. Mr. Schlosser stated that they would like to purchase a JetVac for $42,000. He stated that the State Statute requires the cleaning of the sewer. Michele Burk stated that a letter already went to USDA so we are ready to go with this. Mayor LaCicero stated that this is definitely a good possibility for this year. Mr. Schlosser stated that the Police Department needs a new A/C handler and it can not wait any longer. They have been doing the breathalyzer tests outside because of the leaks in the handler so we definitely need to move on this. We also are looking at the purchase of a Bucket Truck for the Electric Utility. This was also on last year’s capital list. The department is also requesting the purchase of electric meters which would enable the electric meters to be read with the same system as the Water/Sewer. Mr. Parlow stated that he looking into the availability of federal stimulus money for electric improvements and energy conservation. He stated that he has spoken with Rumsey Electric about a new metering system using time-of-use meters, which would be paid for using federal funding. There is a meeting scheduled with Congressman Adler’s office on February 20^th to go over federal funding sources. Mr. Parlow stated that he will be receiving costs estimates for the job. Mayor LaCicero stated the overall the Public Works budgets for Salary and Wages and Other expenses are down. He state that the department is looking to fill two vacancies in the department and are looking for an additional part-time employee for the Recycling Center. Mr. Parlow reported that the sewer rates need to be increased again. The sewer revenues are not sufficient to meet expenditures. He stated that the rate ordinance needs to be placed on the March 9 meeting agenda. He also reported that due to recent energy purchases made through our new contract the electric rates can be reduced. Councilwoman Wenzel requested that we change the language as far as the capital infiltration and the water surcharge. At this time, Mayor LaCicero opened the floor for Public Comment COMMENTS FROM THE PUBLIC: Lachlan Cameron, 115 President Avenue requested just the total in the Salaries and Wages? Mr. Parlow stated the total in Salaries and Wages was $1,405,900. Mayor LaCicero closed the floor to the public and asked for a Motion to Adjourn the Meeting. A Motion was made by Council President Zalom to adjourn the Budget Meeting. The Motion was seconded by Councilwoman Filippone. All members were in favor. The Motion passed. The Meeting was adjourned at 5:01 pm. CERTIFICIATION 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 Budget Meeting of the Mayor and Council held on the 11^th day of February 2009 ______________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE(minutes) CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, February 9, 2009 – 7:00 pm Download As PDF CALL TO ORDER: Mayor Walter G. LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone Councilman Lamb was absent. 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for all the troops overseas serving our country and for Bill Meldrum a local fisherman that past away recently. PLEDGE OF ALLEGIANCE: Councilwoman Filippone led the Salute to the Flag MAYOR’S WELCOMING STATEMENT: The Mayor thanked everyone for coming out to join us. He welcomed Morgan Rioux, a Cub Scout who is preparing to become an Eagle Scout. COMMENTS FROM PUBLIC (Items not listed on agenda / not staying for remainder of meeting) At this time, the Mayor opened the meeting to public comment. There was no public comment. APPROVAL OF CLERK’S MINUTES Caucus Minutes of January 26, 2009 Executive Session Minutes of January 26, 2009 A Motion was made by Councilwoman Wenzel to adopt the Minutes. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. REPORTS: a) Police Overtime Report for January-Councilwoman Filippone-read report b) Public Affairs Report-Council President Zalom gave kudos to Lavallette Police on the police chase and arrest of individuals supposedly involved in a bank robbery in Brick Township. The police caught the individuals in Toms River. She was thrilled to attend the Installation Dinner for the Fire Department and swear-in all those officers. The Fire Department honored four of their members for fifty years of service. The Borough should think about having them come to a meeting and honoring them somehow. The library will bring books to shut-ins in Lavallette so if you know of any please contact the library. The Recreation Department had a wonderful ski trip again this year. She reported that the activity sheets are now done in calendar form and they can be picked up at Borough Hall. c) Animal Control Report for January-Councilwoman Filippone-read report d) Planning Board Report for January-Councilwoman Filippone-The Planning Board had meeting on January 28^thand had a discussion regarding the report issued by the Planner. There was input from the members of the public who attended and asked some questions. No action has been taken yet but the Board is planning on discussing the issues within the report at future meetings. e) Zoning Report for January-Councilwoman Filippone-read report f) Construction Office Report for January-Councilwoman Filippone-read report g) Tax Account Status Report for January-Tax Collector A Motion was made by Councilwoman Wenzel to approve the Reports. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. PUBLIC COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS: At this time, Mayor LaCicero stated that the Michele Donato, Chairman of the Parking Committee would like to provide her comments regarding Resolution No. 2009-61. Michele Donato, Chairman Parking Committee stated that the two-hour parking signs have been in effect in Lavallette for over forty years. Only recently has that restriction changed. The change was one of the reasons that Mayor and Council decided to form this advisory committee. The committee has discussed at length two-hour parking situation and the committee strongly believes that it should be reinstated again without any costs to the commercial establishments. The committee has determined that the Department of Transportation does not require any permit costs to the town or to the establishment. She believes the main reason for most of the establishments request for these signs is so their clients can park in front of their stores instead of the beach goers who park there all day long. The committee feels these signs are very good for the business establishment who request it. Mayor LaCicero thanked Mrs. Donato for her comments. RESOLUTIONS – ON CONSENT: 2009-61 requesting that the Department of Transportation adopt the required regulation establishing two-hour parking spaces on Route 35 NJ Northbound-Councilwoman Wenzel asked to have this pulled and put off consent. 2009-66 appointing Joseph Ardito as a member to the Parking Advisory Committee 2009-67 appointing Anne Snyder as a member to the Beautification Committee 2009-68 authorizing the acceptance of a donated vehicle to the Lavallette Fire Department 2009-69 authorizing two 50/50 On Premise Raffles to be held on July 26, 2009 at the Arts and Crafts Show and September 12, 2009 at the Heritage Day Festival 2009-70 endorsing March 2, 2009 as NEA’s Read Across America Day-Mayor LaCicero stated he will probably read to the children at the school on this day. 2009-71 appointing Barbara Susinno and Tyler Sartori as members of the Environmental Committee-Councilwoman Wenzel requested that Shannon Burk be added to this resolution as another new member. 2009-72 establishing annual salaries for non-contractual employees 2009-73 approving application of Eric J. Caposele as a probationary member of the Lavallette Volunteer Fire Company #1 2009-74 approving application of Brian T. Brice as a probationary member of the Lavallette Volunteer Fire Company #1 2009-75 approving application of Timothy B. Martin as a probationary member of the Lavallette Fire Company #1 Mayor LaCicero opened the floor to the public and asked if anyone had any comments on the Consent Agenda or the Bills List. Joe Farfalla, 15 Bond Avenue stated that we need to be careful with charging for parking spaces. He stated that in Cape May, they started charging some of their residents for spaces to park. The residents paid the fee and then charged someone else more money to park there. This should be considered. There was not other public comment. Mayor LaCicero closed the floor to the Public and asked for a vote on the Consent Agenda. A Motion was made by Councilwoman Filippone to approve the Consent Agenda (Resolution 2009-61 moved Off-Consent). The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. RESOLUTIONS-OFF CONSENT: 2009-61 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 too is a business owner and chose not to have the two-hour parking signs placed in front of her establishment. Businesses should be treated the same as homeowners. She stated that it is not unreasonable to ask for a fee for the signs from the business owners. The Borough just adopted an Ordinance that requires a fee from residents who have undersized lots to pay for a parking space in front of their residence. She questioned why a business owner should not have to pay for a spot in front of their business. A Motion was made by Council President Zalom to approve Resolution 2009-61. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Zalom, Stogdill, Horan and Filippone voted Yes. Councilwoman Wenzel voted No. The Motion passed. APPROVAL OF VOUCHERS: 2009-76 Bills List in the amount of $346,359.48 A Motion was made by Councilwoman Wenzel to approve the Bills List. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Stogdill and Horan voted Yes. Council President Zalom abstained from PO #09-0227-2 and voted Yes to all other bills. Councilwoman Filippone abstained from PO #09-0228 and voted Yes to all others bills. The Motion passed. ORDINANCES ON FOR INTRODUCTION/FIRST READING Ordinance No. 2009-02 (1055) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER 7 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “BATHING AND BEACH CONTROL,” AMENDING CHAPTER 89 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “VEHICLES AND TRAFFIC”. Mr. Parlow stated that this Ordinance is increasing certain beach badges fees. Weekly badges have been increased from $20.00 to $25.00 and in season seasonal badges have been increased from $40.00 to $45.00. The pre-season badge will remain at $35.00. Also a discount was added for individuals currently serving on active duty. The parking stickers are also increasing from from $7.00 to $10.00. A Motion was made by Councilwoman Filippone to introduce Ordinance No. 2009-02 (1055). The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. Public Hearing and Final Adoption scheduled for March 9, 2009 Ordinance No. 2009-03 (1056) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 20 OF THE BOROUGH CODE, ENTITLED, “CONSTRUCTION CODES, UNIFORM” Mr. Parlow stated that one of the requirements of the Construction Official is to review the current construction fee schedule every six months. The Construction Official, Hans Warnebold, has reviewed the fees and has made a number of recommendations. They are included in the revised ordinance. A Motion was made by Councilwoman Filippone to introduce Ordinance No. 2009-03 (1056). The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. Public Hearing and Final Adoption is scheduled for March 9, 2009 Ordinance No. 2009-04(1057) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 37 OF THE BOROUGH CODE, ENTITLED “HEALTH”, WHEREAS TO ESTABLISH ARTICLE III ENTITLED “RETAIL FOOD ESTABLISHMENTS” Mr. Parlow stated that it was discovered that the section of the code entitled Retail Food Establishments under the Board of Health was omitted as part of the re-codification. This Ordinance is reestablishing the Retail Food Establishment license. The fee is increasing from $75.00 to $100.00. Councilwoman Wenzel stated that the Public Works Department has been following and charging for the Retail Food Establishment License all along. A Motion was made by Councilman Stogdill to introduce Ordinance No. 2009-04 (1057). The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. Public Hearing and Final Adoption is scheduled for March 9, 2009 ORDINANCES ON FOR FINAL ADOPTION/SECOND READING Ordinance No. 2009-01 (1054) ORDINANCE IN THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER 3 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “ALCOHOLIC BEVERAGES”, AMENDING CHAPTER 7 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “BATHING AND BEACH CONTROL”, AMENDING CHAPTER 25 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “FEES”, AMENDING CHAPTER 47 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “PEDDLING AND SOLICITING”, AND AMENDING CHAPTER 50 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “SALES” A Motion was made by Councilwoman Wenzel to adopt Ordinance No. 2009-01 (1055). The Motion was seconded by Councilman Stogdill. Mayor LaCicero opened the Public Hearing. There was no public comment. The Mayor closed the Public Hearing and asked Council for a vote on Ordinance No. 2009-01(1054). Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone voted Yes. The Motion passed. COMMUNICATIONS: Legal: a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Gallo v. Borough of Lavallette Water & Sewer Utility/Received January 27, 2009 Engineering: a) O’Donnell, Stanton & Assoc./Michael O’ Donnell/2009 CDBG Application Submission/Borough of Lavallette/Received February 6, 2009-Council President Zalom thanked Mike O’Donnell for the prompt submission of the application for the town. New Jersey League of Municipalities: a) Governor Signs Energy Savings Improvement Bill/Received January 22, 2009 b) Governor’s “Consolidation Commission” Issues Annual Report/Received January 22, 2009 c) Sustainable Jersey Update/Received January 23, 2009-Councilwoman Wenzel stated that Walmart is giving grants for $200,000 and the Environmental Committee has already applied. d) S-2485, Commercial Development Fee, Affordable Housing/Received January 27, 2009 e) Important New Information from the Division of Local Government Services/Received January 27, 2009 f) Pension Payment Deferral/S-7/A-3688/Received January 28, 2009 g) 2009 Brownfield Development Area (BDA) Application/Received January 28, 2009 h) House Passes HR 1, Senate Advances S-336(Economic Recovery Package)/Received January 29, 2009 i) Pension Deferral Plan (Clarifications to January 28^th letter)/Received January 30, 2009 j) Federal Stimulus Package NJ Local Needs Survey Results/Received February 3, 2009-Council President Zalom stated that her and Chris have been in contact with Senator Ciesla’s office about our project that is already shovel ready to go. k) Support Our Troops!/Received February 3, 2009 l) Helping Hand in Time of Need/Received February 4, 2009 General With No Action: a) Ann Gorga, Virginia Avenue/letter of thanks for the replacement of Ralph Gorga’s plaque/Received January 23, 2009 b) Board of Chosen Freeholders/James Lacey, Freeholder/Automated truck wash facility and equipment wash pad to assist municipalities in meeting their storm water management mandates/Received January 23, 2009 c) Mazza & Sons/Dominick Mazza, Jr./Certification letter confirming amount of scrap metal and disposal fees/Received January 26, 2009 d) Ocean County Utilities Authority/Richard M. Warren, Executive Director/Certificate of 2009 Annual Charge/Received January 26, 2009 e) Ocean County Planning Board/David J. McKeon, Director/Ocean County Wastewater Management Plan/Received January 26, 2009 f) County of Ocean/Mary Jerkowicz, Recycling Program Aide/Ocean County Road Department 2008 Recycling Report/Received January 26, 2009 g) County of Ocean/Mary Jerkowicz, Recycling Program Aide/Ocean County Engineering Department 2008 Millings Report/Received January 26, 2009 h) County of Ocean/Mary Jerkowicz, Recycling Program Aide/Class B Recycling Facility 2008 Reports/Received January 26, 2009 i) Jan Coyle/Moose Club 399/Advising us of their donations of $1,000 each to our Police, Fire and Rescue Squad/Received January 27, 2009-Mayor thanked the Moose Club for their donations to our first responders j) New Jersey Audubon Society/Eric Stiles, Vice President/copy of letter to Lavallette Yacht Club requesting them to reevaluate their installation of their sonic bird deterrent system/Received January 27 2009-Mayor LaCicero stated that he will be giving Mrs. Grosko a copy of this letter. k) Ocean County Recycling Center, Inc./Joseph Sanzaro, President/Summary of materials generated in our municipality/Received January 28, 2009 l) Ocean County Department of Solid Waste Management/Ernest Kuhlwein, Director/Ocean County Use and Revenue Share Program/Received January 30, 2009 m) Ocean County Planning Board/Mark Villinger, Senior Planner/Ocean County Natural Lands Trust Fund Status Report-January 2009/Received January 30, 2009 n) Catholic Charities/Jean L. Metz, Service Area Director/Fourth Quarter Services/Received January 30, 2009 o) Lavallette Voters & Taxpayers Association/Joseph Marcianti, President/letter in support of State Bills S-1082 and A-1775/Received January 30, 2009-Councilwoman Filippone stated that we already responded to this bill when it was first introduced and if signed we will be the first to act on it. p) Ocean County Utilities Authority/Richard Warren, Executive Director/Deficiency Notification for 2008 Calendar Year/Received January 30, 2009 q) County of Ocean/Mary Jerkowicz, Recycling Program Aide/Class B Recycling Facility 2008 Reports on Mazza & Sons and JFD Associates/Received February 3, 2009 r) Monmouth University/Joseph Patten, Director/Keep in mind Monmouth University’s Master of Arts in Public Policy Program/Received February 3, 2009 s) Island Junior Baseball League/John Wiley, President/Informing us of their Opening Day on April 4, 2009 in Lavallette and encouraging Mayor and Council to save the date-Mayor stated that all of Council should save this date and come out that day at our Lavallette field this year. t) State of New Jersey/Public Advocate/Ronald Chen, Public Advocate/Asking for towns to help in the protection of tenants legal rights/Received February 3, 2009 u) Gagliano & Company/Robert Gagliano, CEO/Chairman/Introducing Smart Use Service/Received February 3, 2009 v) Cablevision/Adam Falk, Vice President/Deletion of iO Sports/Received February 4, 2009 w) Cablevision/Adam Falk, Vice President/Programmer Notification of Channel Rebrands/Received February 5, 2009 General With Action: a) Board of Chosen Freeholders/John C. Bartlett, Freeholder/requesting letter from Mayor briefly explaining the main objectionable issues that some residents have with the easement and what residents would be willing to grant by way of easement/Received January 23, 2009-Mayor stated he has already responded with a letter advising them that all of our easements are owned by the ocean front property owners. b) Board of Chosen Freeholders/James F. Lacey, Freeholder/2009 County Road Improvement Program/Received January 26, 2009-Mayor stated that he will be attending this meeting on March 3, 2009 and his project will be the outfall pipes that were not completed last year. c) Ocean County Planning Board/David J. McKeon, Planning Director/Available Dune Fencing/Received January 30, 2009-Councilwoman Wenzel stated that Public Works is already taking care of this. d) Island Junior Baseball League/John Wiley, President/requesting the mound at the ball field be removed from the field before opening day on April 4^th and to contact them if there are any conflicts with their baseball league schedule/Received February 3, 2009-Councilwoman Wenzel stated that this is an Annual request and is on the list to be taken care of. e) Ocean County Shade Tree Commission/Craig T. Theibault, Chairman/requesting a proposal for trees be sent in no later than May 15, 2009/Received February 3, 2009-Councilwoman Wenzel stated that the Supt. of Public Works takes care of this. f) Save Barnegat Bay/Clean Ocean Action/asking the Borough to support and promote the “Barnegat Bay Buddy” Challenge by ordering and distributing the application through the town/Received February 4, 2009-Councilwoman Wenzel stated that the Environmental Committee has scheduled several presentations with Save Barnegat Bay and Clean Ocean Action at the Library about their Bay Buddy program. Her suggestion is to order the pamphlets and print them in our calendar and she could get a grant through the Environmental Committee to offset the printing costs. Mayor LaCicero stated that that was a good idea. UNIFINISHED BUSINESS Council President Zalom stated that she will be attending the Community Development Block Grant Steering Committee meeting to see about our grant money on March 9^th.So she will give an update at the next meeting. Councilwoman Wenzel requested that the Administrator be authorized to go out to bid for a garbage truck. Mr. Parlow stated that we revised our bid specs and had a couple of figures that are in our price range. A Motion was made by Councilwoman Wenzel to authorize the administrator to go out to bid for a garbage truck. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone. The Motion passed. NEW BUSINESS: 2009 Public Works Solid Waste and Recycling Schedule-Councilwoman Wenzel Councilwoman Wenzel stated that on the table was the new map for the garbage and recycling schedule. The department is trying to make it more efficient and easier to follow for the residents. Public Works would like to decrease the zones from four to only two and have both garbage and recycling picked up two days a week in the summer on the same day. The first zone will be called the Oceanside zone and will have pickup on Monday and Thursday and the other will be called the Bayside Zone and will be picked up on Tuesday and Friday. Paper pickup will still remain on Wednesdays. The County is looking into commingled more for recycling but we have not received an answer on that yet. In order to make this schedule run with ease the department will definitely need another garbage truck. We feel this will be the best schedule for the residents of this town. Now, with the winter schedule we came up with three options that Council is going to have to make a decision on which one it should be. Option 1 would be twice a week pickup for the winter for both zones, Option 2 would be entire town picked up on Monday and Friday and Option 3 would be entire town picked up on Monday and on Friday just the business district and Ocean Block garbage receptacles on the street ends. Her recommendation is Option 3 to save on manpower and gas. She would like to get some answers to this by the Budget Meeting on Wednesday. The Borough will have to make changes to Chapter 55 so we will need to have two meetings for that and then we need to adopt this before we send out the calendars. In other words, we need to move as quickly as possible. Mr. Parlow stated that he is in the process of setting up an Interlocal Agreement with Seaside Park for website design. He is hoping to have the information and agreement on for the next meeting. Also, he has spoken with the New Jersey Department of Transportation and the consulting group who put together the Route 35 roadway and drainage project. He has been told that the entire project is being pushed along through the Economic Stimulus Package. He was advised that we, the town of Lavallette, including Mayor and Council and also residents should send letters to the DOT in favor of this project. He will make sure that we put something on the website so the residents know where to send the letters. COMMENTS FROM THE PUBLIC: Judy Farfalla, 15 Bond Avenue stated that she is concerned that the shut-ins that live in Lavallette have no idea of all the events that are going on in town. She questioned if there was a way the town could inform them. Mayor LaCicero stated that we can check and see if we can get some type of Outreach grant to do something. We will get the list from the Police Department of their call list in the meantime and see if we get the Municipal Alliance to work something out. Councilman Stogdill stated that maybe the churches and organizations in town should get together with Municipal Alliance and try to see if they could get some type of grant. Joe Palinsky, 122 Washington Avenue stated that Washington Avenue from Route 35 South to Bay Boulevard is in bad shape and needs some reconstruction or paving. Maybe we could see if that could be covered under the stimulus project, also. Mayor LaCicero stated that he would check into it. COMMENTS OF THE MAYOR AND COUNCIL MEMBERS: Councilman Horan stated that he attended the County Board of Education meeting and they have invited him to another meeting on March 11^th. He went to let them know that Lavallette is not in favor of regionalization. The meeting was pretty much a 50/50 split on that issue. He also was able to view the test scores for the Lavallette Elementary School kids and they are outstanding. He will keep the Council updated on the next meeting and what was discussed. Councilwoman Wenzel stated that she wanted to make it clear that the permit spaces that were made available for the undersized lots are not transferable. She stated that she has five spaces in front of her establishment that she could have opted for the two-hour parking but did not feel it was fair to her neighbors and it was also putting more traffic into the highway every two-hours. She stated that she and the gardener have put together the landscape design for the Bayfront design and hopes to put it on the agenda for March 9^th. The Environmental Committee applied for the $7,500 estuary grant and if we do not get that grant or the full amount we are going to apply for the trust for Public Lands. Council President Zalom stated that the regionalization is very important. We do not want our school to become over populated. It works now the way it is and we do not need to have any changes. We will be having the brochure again this year with all the businesses on it with a map. A resident in town prepares it and the Recreation/Municipal Alliance will be paying $500.00 to have it done. Mr. Parlow stated that we have two Budget Meetings scheduled. The first one is February 11^th at 4 pm for Public Works and the second one is scheduled for February 18^th at 4pm for the police department. Mayor LaCicero stated that the February 23^rd Council Meeting needs to be cancelled. Between vacations and illnesses there will not be a quorum. A Motion was made by Councilwoman Wenzel to cancel the February 23^rd meeting. The Motion was seconded by Council President Zalom. Vote: All Council Members were in favor. The Motion passed. The next Council Meeting is scheduled for March 9^th. ADJOURNMENT: A Motion was made by Councilwoman Wenzel to adjourn the Meeting. The Motion was Seconded by Councilwoman Filippone. The Meeting was adjourned at 8:14 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 9^th day of February 2009. _____________________________ Christopher F. Parlow Municipal Clerk BOROUGH OF LAVALLETTE (minutes) CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS Monday, January 26, 2009 – 7:00 pm Download As PDF CALL TO ORDER: Mayor Walter G. LaCicero, presiding ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone 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 Asbury Park Press and the Ocean County Gazette and was published in the Ocean Star on January 9, 2009. Notice was also posted on the Municipal bulletin board. MOMENT OF SILENCE: The Mayor asked for a Moment of Silence for long time resident Vivian Fertakos and Bob Kerman who was a resident and mailman in town. PLEDGE OF ALLEGIANCE: Councilman Horan led the Salute to the Flag. COMMENTS FROM PUBLIC (Items not listed on agenda / not staying for remainder of meeting) Mayor LaCicero opened Comments from Public. Herb Hascher, 1301 Bay Blvd. stated that he would like the “Memorial Garden” at the First Aid be included with the Beautification plantings at the Bayfront because it is looking like a jungle. He also was concerned about a long piece of sidewalk in between the First Aid and Firehouse that is in need of replacing. He stated he lives across the street and has seen numerous people have difficulty in wheelchairs and baby carriages. Mayor LaCicero stated that they will speak to Public Works and Beautification Committee. MAYOR’S APPOINTMENTS WITHOUT THE ADVICE OR CONSENT OF COUNCIL Lavallette Municipal Alliance Committee on Alcohol and Drug Abuse Mayor LaCicero read the list of the appointed Committee Members. Council President Zalom stated that we received the 2009 Municipal Alliance Grant from the County and the budget was increased by $1800. She commented that Kathy Mango does a great job of organizing exciting events for the children and things for the seniors to do. Tony Gallo was the secretary last year but he has decided to move on to other things so we are looking for a new assistant. Councilman Lamb questioned whether or not the money is eventually going to end? Councilwoman Wenzel stated that there was a State Audit done on all Municipal Alliance grants because it was alleged that some towns were not using the monies properly. APPROVAL OF CLERK’S MINUTES Regular Minutes of December 22, 2008 Executive Session Minutes of December 22, 2008 Reorganization Meeting of January 5, 2009 A Motion was made by Councilman Lamb to adopt the Minutes. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. REPORTS: a) Police Overtime Report for December-Councilwoman Filippone-read report b) Public Works Report for December-Councilwoman Wenzel-stated that she has advised the Superintendent that she will only request quarterly reports from now on. Most of the reports each month are just telling us the basic jobs and duties they are doing. She would prefer to have the report issued quarterly with any unusual activity as well as the Public Works overtime. Mayor LaCicero stated that sounded fine. Councilman Lamb commended the Public Works Department for their work on the ice rink. c) Public Affairs Report-Council President Zalom-She also thanked the Department of Public Works and the Fire Department for the work associated with getting the ice rink up and running. She reported the some ramps we constructed for easy access. The Borough had to make a separate schedule for the ice skaters and the hockey players because it was just too dangerous with them together. The skaters can skate until 6:30 pm and then the hockey players can play from 6:30 pm to whenever. She reported that the bus for the ski trip on Saturday is full with a waiting list. The Lavallette School is offering evening classes for adults. The flyers are downstairs in Borough Hall. She reminded all that senior citizen discounts are available for EZ Pass. She reported that the Music Man is doing an Ice Cream Musical on February 14^th. d) Municipal Court Report for December-Councilwoman Filippone-read report e) Animal Control Report for December-Councilwoman Filippone-read report f) Planning Board Report for December-Councilwoman Filippone-stated that their Reorganization meeting was held on January 14^th.The Planning Board elected Lionel Howard as Chairman and Bill Zylinski as Vice Chairman. The next meeting is scheduled for January 28^th and the Board will be discussing the report from the Planner. The public can attend the meeting but there will be no action taken by the Board at this meeting. g) Zoning Report for December-Councilwoman Filippone-read report-She spoke about the need to increase the hours of the Zoning / Code Enforcement Officer. Councilman Lamb questioned whether we could take the money for that out of the Construction Department since the work is related. Councilwoman Wenzel suggested that the Council may consider utilizing funds from the Recycling Trust to pay for additional enforcement of the Recycling Ordinance. The Borough might be able to use these funds to increase his hours and he could also do the garbage and recycling enforcement as well. Mayor LaCicero stated that he thought that was a great idea and we should discuss it further during budget meetings. h) Construction Office Report for December-Councilwoman Filippone-report i) Tax Account Status Report for December-Tax Collector-Mr. Parlow stated that the amount of year end tax delinquencies has nearly doubled over last year which is clearly a sign of the times. The Borough will establish the links from our Web Page to various sites that are offering financial assistance throughout the state. j) Revenue Transaction Report for November and December-CFO k) 2008 Annual Statement of Tax Receipts-Tax Collector A Motion was made by Council President Zalom to approve the Revenue Transaction Report for November and December and the 2008 Annual Statement of Tax Receipts. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. l) Public Power Report on Energy Purchases-Councilman Horan-read report PUBLIC COMMENT ON CONSENT AGENDA/OFF CONSENT AGENDA, AND VOUCHERS: RESOLUTIONS – ON CONSENT: 2009-49 authorizing the 2009 overpayments on 2008 taxes to 2009 taxes receivable in the amount of $13,318.10 2009-50 appointing seasonal laborers for the Department of Public Works from January 12, 2009 through March 31, 2009 2009-51 authorizing the removal of an electric account due to a two family conversion to one family on Block 24 Lot 29 2009-52 authorizing St. Pio of Pietrelcina to hold a 50/50 Off Premise Raffle on September 6, 2009 2009-53 appointing Kathy Mango as 2009 Municipal Alliance Coordinator 2009-54 appointing Barbara Florimont as a member of the Recreation Advisory Committee 2009-55 authorizing the permanent appointment of Theodore Golubowski as Public Works Supervisor from his provisional status 2009-56 authorizing the Chief Financial Officer to refund planning board escrow funds in the amount of $52.00 to Eileen Cyran, 123 New York Avenue. 2009-57 authorizing the Chief Financial Officer to refund planning board escrow funds in the amount of $13.00 to John Constantino, 8 Westmont Avenue 2009-58 authorizing the Chief Financial Officer to refund planning board escrow funds in the amount of $176.50 to Thomas Restaino, 113 White Avenue. 2009-59 authorizing the Chief Financial Officer to make transfers between budget appropriation reserves-Mr. Parlow stated that this is just a precautionary measure for our benefit 2009-60 commemorating the 30^th anniversary of the Holocaust, Genocide and Human Rights Education Center at Brook Dale Community College 2009-61 requesting that the Department of Transportation adopt the required regulation establishing two-hour parking spaces on NJ Route 35 Northbound-Mr. Parlow stated that the Chairperson of the Parking Committee or a representative could not attend the meeting so they are asking that it be carried over until the February 9^th meeting. Mayor LaCicero and Council had no problem with that. A Motion was made by Councilwoman Wenzel to carry Resolution 2009-61 until the February 9^th meeting. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan, Filippone. The Motion passed. The resolution was carried to the meeting of February 9^th. 2009-63 approving the application for a residential parking permit for Robert Marra at 102 President Avenue 2009-64 approving the application for a residential parking permit for 15 Kerr Avenue At this time, Mayor LaCicero opened the floor up for public comment on the consent agenda, off consent agenda and the bills list. Joe Palinsky, 122 Washington Avenue questioned if the Supervisor is the same as the Superintendent? Councilwoman Wenzel stated that Mr. Schlosser is the Superintendent and Mr. Golubowski is the Supervisor who replaced Al Scheller when he retired. Mr. Palinsky questioned the bus and whether we would need to put seatbelts in it if we purchase it. Council President Zalom stated that we do not need to put seatbelts in this bus. Clem Boyers, 20 Kerr Avenue questioned what the next step is with the approval of the permits for parking? Mr. Parlow stated that Public Works is currently purchasing the signs and the permit decals are already ordered. The signs will then be installed and the permits issued. Martin Morales, 103 Grand Central Avenue expressed his support for the two hour parking signs along Grand Central Avenue. He is a member of the Lavallette Business Association, as well as, the Parking Committee and both agree that the signs are definitely needed. He remembers when the signs were there a couple of years and that they worked great. There was really little need for enforcement. Councilman Lamb questioned if he knew the costs in the signage? Mayor LaCicero stated that the resolution does not require any fees to the establishments. Council President Zalom stated that the State does not charge the Borough for any permits and no other towns charge a fee to their establishments. Mayor LaCicero closed the floor for public comment. A Motion to Approve the Consent Agenda as Amended was made by Council President Zalom. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion Passes RESOLUTIONS-OFF CONSENT: 2009-62 amending the 2009 temporary budget appropriations for the acquisition of a recreation bus-Mr. Parlow requested that this resolution be modified by removing the capital outlay for the purchase of a recreation bus and just keeping the Municipal Alliance appropriation. He stated that he was not in the position to recommend the purchase of a bus and like additional time to look for more options. The bus is that he looked at was over ten years old and the underbody of the bus had significant rust. He would like to see if there are other buses in that same price range available. Councilwoman Zalom stated that she is still very anxious to purchase a bus. She does not mind exploring other options but she does not think this bus is in bad shape for the money. Councilwoman Filippone questioned when we do find a bus can we transfer the money and buy the bus all in the same night. Mr. Parlow stated that was correct. A Motion was made by Councilwoman Wenzel to approve Resolution 2009-62 with the modifications (No appropriation for the Recreation Bus). The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. APPROVAL OF VOUCHERS: 2009-65 Bills List in the amount of $2,443,320.43 A Motion was made by Council President Zalom to approve the Bills List. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. ORDINANCES ON FOR INTRODUCTION/FIRST READING: Ordinance No. 2009-01 (1054) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER 3 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “ALCOHOLIC BEVERAGES, AMENDING CHAPTER 7 FO THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “BATHING AND BEACH CONTROL”, AMENDING CHAPTER 25 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “FEES”, AMENDING CHAPTER 47 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “PEDDLING AND SOLICITING”, AND AMENDING CHAPTER 50 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “SALES”. Mr. Parlow explained that there are a number of fees that need to be amended. He went over the changes that were being made to various fees. A Motion was made by Councilman Stogdill to introduce Ordinance No. 2009-01 (1054). The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed. Public Hearing and Final Adoption scheduled for February 9, 2008 COMMUNICATIONS: Legal: a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water & Sewer Utility/Received December 6, 2008 b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Gallo v. Borough of Lavallette Water & Sewer Utility/Received December 6, 2008 c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Round 3 COAH regulations and Fair Share Housing Plan/Received December 6, 2008 d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Gallo v. Borough of Lavallette Water & Sewer Utility/Received December 12, 2008 e) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Bus Lease Agreement between the Borough of Lavallette and E. Allen MacDuffie, Jr./Received December 12, 2008 f) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Lavallette COAH Obligations 2008/Received December 12, 2008 g) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/James Cavanaugh v. Borough of Lavallette/Tax Appeal/Received December 15, 2008 h) Rosenberg, Kirby, Cahill & Stankowitz/Robert Rosenberg, Esq/Patrolman Frank White/Lavallette Police Department/Received December 18, 2008 i) Felice Busto, Esq./Mrozek v. Borough of Lavallette/Received December 24, 2008 j) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/John Paff v. Borough of Lavallette/Received December 30, 2008 k) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Appeal of Civil Administrative Penalty Assessment/Received January 22, 2009 l) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Adoption of a News Dispenser Ordinance/Received January 22, 2009 Engineering: a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Miscellaneous Service Lateral Repair Project/Change Order #2-Final Quantities/Pay Estimate No. 5/D & D Utility Contractors, Inc./USDA Phase III/Pay Estimate 28/Received January 6, 2009 New Jersey League of Municipalities: a) Affordable Housing/COAH Update/Received December 7, 2008 b) S-7 Hearing Tomorrow/Pension Payment Deferral/Received December 10, 2008 c) S-7 Pension Payment Deferral Option Advances/Received December 12, 2008 d) Census Preparation Begins Today/Received December 15, 2008 e) Municipal Stimulus Package Survey/Received December 15, 2008-Council President Zalom questioned if we had anything ready to go for this. Mayor LaCicero questioned maybe the preliminary design work done for Rt. 35. Mr. Parlow stated that he would contact Senator Ciesla’s office. f) S-7 Pension Payment Deferral Option/Received December 16, 2008 g) Legislative Status Update/Traffic Control Initiatives/Energy Savings Improvement Program/Direct Appeal to Tax Court/Lifetime Survivor Benefits/Received December 17, 2008 h) S-7 Pension Deferral/Received December 18, 2008 i) Request for Emergency COAH Action on Arbitrary December 31 Deadline/Received December 22, 2008 j) COAH Deadline Extension Denied/Received December 23, 2008 k) Census Opportunities/Received December 31, 2008 l) Division of Local Government Services News/Received January 2, 2009 m) Census Opportunities/Received January 5, 2009 n) CY 2008 Length of Service Award Programs (LOSAP) Cost of Living Increase Notice/Received January 6, 2009 o) Affordable Housing/COAH Update/NJLM Brief Filed/Received January 6, 2009 p) Governor Proposes FY ’09 Funding Cuts/Received January 6, 2009 q) Library Funding/Received January 8, 2009 r) Pinelands Commission/Pinelands Model Septic System/Management Ordinance/Received January 8, 2009 s) Agendas for Stakeholder Meetings on Draft GWRA Recommendations/Received January 8, 2009 t) Federal Stimulus News/Received January 8, 2009 u) Urban Sociologist to Lecture on the Future of Suburbs/Received January 9, 2009 v) Important New Information from the Division of Local Government Services/Received January 12, 2009 w) State of the State/Received January 13, 2009 x) Join the Mayors Wellness Campaign Today/Received January 14, 2009-Council President Zalom questioned why we do not have something for this. Councilwoman Wenzel stated that maybe a fishing or crabbing contest in the summer would do. Mayor LaCicero stated that maybe we should look into it. y) Mayor’s Legislative Day/Received January 15, 2009 z) Who’s Who in the New Administration/Received January 15, 2009 aa) Stimulus Bill Summary/Received January 16, 2009 bb) &n