2009 Council Meeting Minutes July-December

BID OPENING

2010 OR NEWER 37 FOOT INSULATED HYDRAULIC ARTICULATING OVERCENTER AERIAL BUCKET TRUCK

MINUTES

Thursday December 10, 2009 – 10:00 am

Present: Donnelly Amico, Deputy Municipal Clerk

Mrs. Amico opened the Bid Opening at 10:00 am. Anthony DiArcangelo from Dueco, Inc. was present in the audience. Mrs. Amico closed the Bid Opening at 10:00 am and proceeded to open the two bids that were received.

Bidder Bid Amount

Altec Industries, Inc. $86,069.00

250 Laird Street NJBRC Received

Plains, PA 18705-3821

Dueco, Inc. $95,991.00

N4W22610 Bluemound Rd. NJBRC Received

Waukesha, WI 53186

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 the Minutes of the Bid Opening held on the 10^th of December 2009

______________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE

BID OPENING

December 9, 2009, 11:30 am

Minutes

Borough Engineer

Present – Christopher F. Parlow, Borough Administrator / Municipal Clerk

Donnelly Amico, Deputy Municipal Clerk

Mr. Parlow opened the bid opening at 11:30 am. No one was present in the audience. Mr. Parlow closed the bid opening and proceeded to open the received bids.

Bidder Bid Amount

Grotto Engineering Hourly rate schedule

340 North Avenue East included

Cranford, NJ 07016

O’Donnell, Stanton & Associates Hourly rate schedule

1705 Route 37 East included

Toms River, Nj 08753

Cranmer Engineering Hourly rate schedule

166 Patterson Avenue included

Shrewsbury, NJ 07702

CME Associates Hourly rate schedule

1460 Route 9 South included

Howell, NJ 07731

Maser Consulting Hourly rate schedule

331 Newman Springs Road included

Red Bank, NJ 07701

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 9^th day of December 2009.

____________________________

Christopher F. Parlow, Municipal Clerk

BID OPENING

December 9, 2009, 11:00 am

Minutes

Municipal Prosecutor

Present – Christopher F. Parlow, Borough Administrator / Municipal Clerk

Donnelly Amico, Deputy Municipal Clerk

Mr. Parlow opened the bid opening at 11:00 am. No one was present in the audience. Mr. Parlow closed the bid opening and proceeded to open the received bids.

Bidder Bid Amount

Citta, Holzapfel & Zabarsky $18,000

248 Washington Street

Toms River, NJ 08753

Pavliv & Rihacek “Same rate as 2009”

3536 Highway 9 South

Howell, NJ 07731

Kim A. Pascarella, Esq. $16,000

815 Boulevard, PO Box 248

Seaside Heights, NJ 08751

Bonnie R. Peterson, Esq. $15,000

1201 SW Central Avenue

PO Box J

Seaside Park, NJ 08752

CERTIFICATION

____________________________

Christopher F. Parlow, Municipal Clerk

BID OPENING

December 9, 2009 10:30am

Minutes

Borough Auditor

Present – Christopher F. Parlow, Borough Administrator / Municipal Clerk

Donnelly Amico, Deputy Municipal Clerk

Mr. Parlow opened the bid opening at 10:30 am. No one was present in the audience. Mr. Parlow closed the bid opening at 10:30 am and proceeded to open the received bids.

Bidder Bid Amount

Oliwa & Company $26,000

3 Broad Street

Freehold, NJ 07728

Hutchins, Farrell, Meyer & Allison “A mutually agreed upon fee

912 Highway 35, Suite 2 which will, in any case, not exceed

Freehold, NJ 07728 the prior year fee”

Meyler & Company $20,000

One Arin Park

1715 Highway 35

Middletown, NJ 07748

CERTIFICATION

____________________________

Christopher F. Parlow, Municipal Clerk

BID OPENING

December 9, 2009 10:00am

Minutes

Borough Attorney

Download as Pdf

Present – Christopher F. Parlow, Borough Administrator / Municipal Clerk

Donnelly Amico, Deputy Municipal Clerk

Mr. Parlow opened the bid opening at 10:00 am. No one was present in the audience. Mr. Parlow closed the bid opening and proceeded to open the received bids.

Bidder

Gertner & Riordan, LLC Montenegro, Thompson,

Po Box 499 Montenegro & Genz

Lakewood, NJ 08701 531 Burnt Tavern Road

Brick, NJ 08723

Eric M. Bernstein & Assoc. Bathgate, Wegener & Wolf

2 North Road 1 Airport Road

PO Box 4922 PO Box 4922

Warren, NJ 07059 Warren, NJ 07059

CERTIFICATION

____________________________

Christopher F. Parlow, Municipal Clerk

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, December 7, 2009 – 7:04 pm

CALL TO ORDER: Mayor Walter G. LaCicero, presiding

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

Council Members Wenzel and Stogdill were absent.

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

Council-Elect James Borowski

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 the Remembrance of Pearl Harbor Day. He read a small article from a newspaper.

PLEDGE OF ALLEGIANCE: Councilwoman Filippone 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.

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

Mayor LaCicero opened the floor to anyone in the audience who wished to speak on any issues that were not listed on the agenda or could not stay for the remainder of the meeting.

Wade Brackman, 12 Lavallette Avenue, stated that he was appalled that Mayor and Council would even consider the idea of selling a street in Lavallette. He has been a Lavallette Avenue resident his whole life and does not agree with this at all.

Maryann Popper, 1600 Bay Blvd. stated that she is a 100% against this proposal of vacating a portion of Lavallette Avenue. She stated she is against it for many reasons such as safety, quality of life and health hazards with a driveway being so close to houses. Many residents of Lavallette use Lavallette Avenue as a through way with their bikes and walking. They use it to get to the library and to the beach. Putting another house on that road would increase the parking and the people and if you vacate that portion of the street we will lose some of the parking also. She stated that when they bought their house thirty years ago they were told that piece of land was not buildable and we would never lose our view of the water. If the Council allows this than that piece of land will become buildable and they will lose their view. She also ask that nothing is moved on with this situation until April. They will be going away for the winter and the homeowners that are only here in the summer should get a chance to speak about it.

Stan Gawel, 109 Bryn Mawr Avenue stated that municipalities should not want more revenue they should be looking to cut expenses and selling a street off is not cutting expenses.

Benita Brackman, 12 Lavallette Avenue stated that she has owned her home on Lavallette Avenue since 1963 and has lived here since 1965. She cannot believe that the Council would even consider this preposterous idea. Lavallette Avenue is a very busy street and the reason is because it is mostly a through way for Bay Boulevard, the library, the ballfield and for bicyclists so they do not have to stay on Bay Boulevard to get to West Point Island. Please reconsider even thinking about this.

Michelle Steinmetz, 45 Pershing Blvd. stated that she has been coming to Lavallette for thirty something years and thinks this whole idea is just ridiculous. Her parents retired down here and built their dream home so they could always have a beautiful bay view. By allowing this to happen they will not only lose their view but they will not be able to see anything but the house across the street. This should not even be an issue with selling a street in this town. Her family decided to buy a home here because we loved it growing up. Please think about this and the fact that you would be hurting a lot of residents.

Donna Franzoso, 26 Lavallette Avenue stated that she and her husband were not in favor of selling the street portion of Lavallette Avenue. She does not think it will be a good idea. Lavallette is not about selling streets we are about being a friendly close knit town. We have already been through this when Shore Marine wanted to do this and it was not even considered.

Joan Brackman, 10 Pennsylvania Avenue stated that she grew up on this street and thinks it would be a shame if this was done. We all knew that houses would eventually be constructed and that was enough of a change and now they want to take a portion of our street away. That little island on Lavallette Avenue gives the street some character. We already have parking problems why would we even consider doing something so bizarre as to have us lose more parking spaces in town.

Joe Popper, 1600 Bay Blvd. stated that his family is directly involved in this as his street directly fronts the lot to be sold. He has used this street for thirty years and to even consider this would be lack of judgment on the Council’s part.

Mayor LaCicero thanked everyone for their comments and stated that no opinions from Mayor or Council have been even formed on this. This was just a proposal given to us by a local developer just to see what could be done. There is nothing etched in stone.

Joseph Tarantino, 19 Lavallette Avenue stated that there are utility and sewerage issues in that area that would need to be dealt with. Who would take care of all of those costs?

Mayor LaCicero stated that we do not have answers on that as of yet but we are working on getting that information.

Stan Gawel, 109 Bryn Mawr Avenue stated that on the north end of town there is a big problem with parking. He asked if anything was going to be done about it and if so when.

Mayor LaCicero stated that the whole town is a parking problem and we always try to find ways to fix it. There is only so much you can do to fix it.

Walt Kosenski, 2000 Bay Blvd. apologized for all this hype over Lavallette Avenue. This was just an informal proposal he presented to the Mayor. He did not know if it is possible but they just wanted to get some type of idea. He stated that everyone should not lose sight of the fact that this whole corner was a mess until we cleaned it up and removed the unsightly structure. They thought this proposal was trying to do something nice for the neighborhood to make up for the disaster they have been dealing with all these years. They do not even have to build a house on the lot maybe just put a pool with a cabana so the view is not as obstructed. What he is trying to say is let’s think of this as a positive thing instead of a negative one.

Nancy Tarantino, 19 Lavallette Avenue stated that they were very happy with the cleaning up and removing of the structure but that has nothing to do with the fact that they do not want a portion of our street sold to a developer. She commented that they are now talking about a pool with a cabana.

Paul Magno, 90 Dickman Drive stated that he is Walter Kosenski’s business partner and all they are trying to do is beautify the neighborhood. He stated that they own the property and something is going to be built there and the views will be blocked no matter what. He commented that we need to just accept change and understand that whatever will be there is better than what it was before.

Mayor LaCicero closed the floor to public comment.

APPROVAL OF CLERK’S MINUTES

Caucus/Regular Meeting of November 9, 2009

Executive Session Minutes of November 9, 2009

A Motion was made by Councilman Horan to adopt the Minutes. The Motion was seconded by Council President Zalom. Vote: Council Members Zalom, Lamb, Horan and Filippone voted Yes. The Motion passed.

REPORTS:

a) Police Report for November-Councilwoman Filippone-read report

b) Planning Board Report for November-Councilwoman Filippone-There was one case last month

that could not be heard because of revised plans that needed to be reviewed so it was carried

over to the December meeting.

c) Animal Control Report for November-Councilwoman Filippone-read report

d) Public Affairs Report for November-Council President Zalom- She attended the 2009 Alliance

Recognition Event that honored her, Kathy Mango and Mr. & Mrs. Zaccaria for many years

of volunteer service. The tree lighting was a big success. We had over 200 people attend and

Santa arrived on the Fire Truck. The Oyster Dinner was on December 5^th and that was a big

success as well. They fed 60 seniors at the Senior Lunch and a Movie. He ask all not to forget about the Lavallette Birthday Party on December 21^st. We had to change our meeting time on that night from 7pm to 5pm to accommodate for the party. You can still get your beach badges to give as holiday gifts until Friday the 11^th. There is going to be a ski trip on January 23^rd to Wyndam.

e) Zoning Report for November-Councilwoman Filippone-read report

f) Construction Report for November-Councilwoman Filippone-read report

g) Report of Tax Sale of November 18^th-Tax Collector

h) Tax Account Status Report for November-Tax Collector

i) Revenue Transaction Report for October-Chief Financial Officer

j) Detailed Budget Report for October-Chief Financial Officer

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

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

RESOLUTIONS – ON CONSENT:

2009-256 awarding a contract to Pedroni Fuel Company for the purchase of diesel fuel

being a participating unit of the Stafford Township Cooperative Pricing System-

Council President Zalom stated that she is thankful that we are part of this

Stafford Co-op because we get charged a lower rate per gallon.

2009-257 authorizing the Mayor to sign an application for a special permit for social affairs

to the Lavallette First Aid in conjunction with the Lavallette Birthday/Christmas

Party on December 21, 2009

2009-258 authorizing the electric collector to remove an electric account and adjust the

billing in the amount of $2,737.78 due to a demolition

2009-259 authorizing the refund of taxes to Block 44.02 Lot 32, Alan Meravi in the amount of $ 906.06 due to an erroneous amount automatically withdrawn from his account

2009-260 authorizing the correction of an electric bill in the amount of $402.53 due to an incorrect reading

2009-261 authorizing the Treasurer to issue a check in the amount of $7,760.02 payable to US Bank Cust for Pro Capital I, LLC for the redemption of the tax lien placed on Block 14 Lot 7

2009-262 accepting a donation in the amount of $4,802.92 from the Lavallette Heritage Committee for Holiday lights and decorations.

2009-263 urging the 10^th district legislators to sponsor legislation to amend the Open Public Records Act, N.J.S.A. 47:1A-1, et seq.

2009-264 appointing Andrew Pero as a Class II Officer at an hourly rate of $10.50 commencing on December 4, 2009

2009-265 appointing Stephen LaCicero as an interim laborer for a period commencing December 16, 2009 and ending May 20, 2010 at an hourly rate of $10.25

2009-266 accepting eight new commemorative benches from the Friends of Lavallette Beautification Committee-Council President Zalom thanked Beautification for all they do for the town to beautify it.

Mayor LaCicero opened the floor up for public comment on the consent agenda and the bills list and asked if anyone in the audience wished to comment on the consent agenda.

There was no public comment.

The Mayor closed the floor to the public and asked for a vote.

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

RESOLUTIONS-OFF CONSENT:

There were no resolutions off consent.

APPROVAL OF VOUCHERS:

2009-267 Bills List in the amount of $805,560.80

A Motion to Approve the Bills List was made by Councilman Lamb. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Lamb and Filippone voted Yes. Council President Zalom abstained on 09-04455 and voted Yes to all others. Councilman Horan abstained on 09-04456 and voted Yes to all others. The Motion passed.

ORDINANCES ON FOR INTRODUCTION/FIRST READING:

ORDINANCE NO. 2009-17 (1070) ORDINANCE OF THE BOROUGH OF LAVALLLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 56 OF THE BOROUGH CODE, ENTITLED “STREETS AND SIDEWALKS” SO AS TO AMEND THE VIOLATIONS AND PENALTY PROCEDURES FOR RESIDENTIAL PARKING PERMITS.

Mr. Parlow stated that there were some minor issues that need to be stipulated regarding the violations and penalty section of the residential parking permits.

A Motion was made by Council President Zalom to introduce Ordinance No. 2009-17 (1070). The Motion was seconded by Councilwoman Filippone. Vote: Council Members Zalom, Lamb, Horan and Filippone voted Yes. The Motion passed.

Public Hearing and Final Adoption scheduled for December 21, 2009 at 5:00 pm.

ORDINANCE NO. 2009-18 (1071) PRIVATE AN ORDINANCE OF THE BOROUGH OF LAVALETTE, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER 90 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED ZONING SO AS TO AMEND THE BUSINESS DISTRICT REQUIREMENTS.

Councilwoman Filippone stated that the Planning Board has worked a long time on this ordinance and feel it is the best for helping the B2 district with their multiple uses for commercial establishments.

A Motion was made by Councilwoman Filippone to introduce Ordinance No. 2009-18 (1071) and direct the Municipal Clerk to give notice at least ten (10) days prior to the hearing on the adoption of this ordinance to the County Planning Board. The Motion was seconded by Council President Zalom. Vote: Council Members Zalom, Lamb, Horan and Filippone voted Yes.

Public Hearing and Final Adoption scheduled for December 21, 2009 at 5:00pm.

ORDINANCE NO. 2009-19 (1072) AN ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY SUPPLEMENTING AND AMENDING § 6-1, ET SEQ., AUTHORIZING “LAVALLETTE GOOSE PATROL” MEMBERS TO EXERCISE DOGS IN CERTAIN PUBLIC AREAS OF LAVALLETTE IN ORDER TO REDUCE THE NUMBER OF CANADIAN GEESE INFESTING THESE RECREATIONAL AREAS

Mayor LaCicero stated that Council received numerous letters complimenting the goose patrol for cleaning up the ball field. This ordinance is to just clarify some issues and also change the name from geese police to Lavallette Goose Patrol.

A Motion was made by Council President Zalom to introduce Ordinance No. 2009-19 (1072). The Motion was seconded by Councilman Horan. Vote: Council Members Zalom, Lamb, Horan and Filippone voted Yes. The Motion passed.

Public Hearing and Final Adoption scheduled for December 21, 2009 at 5:00 pm.

ORDINANCES ON FOR FINAL ADOPTION/SECOND READING

ORDINANCE NO. 2009-16 (1069) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, ANNEXING TO THE BOROUGH CERTAIN PROPERTIES LOCATED IN THE TOWNSHIP OF TOMS RIVER PURSUANT TO N.J.S.A. 40A:7-13

A Motion was made by Councilman Lamb to adopt Ordinance No. 2009-16 (1069). The Motion was seconded by Councilman Horan.

Mayor LaCicero opened the floor to Public Comment on Ordinance 2009-16(1069).

There was no public comment.

The Mayor closed the Public Hearing.

Mr. George stated that Toms River Township appealed this annexing back in July and the trial court turned it down stating they supported the annexation to Lavallette Borough. Once the appeal was denied his office drafted the Ordinance. Mr. George stated that during this entire process Lavallete was never once named as a party. The Borough introduced the Ordinance in November and in the meantime Toms River Township has applied for reposition to re-appeal the case. Lavallette is still not including as a party to this appeal. The court requested a stay and the attorney for Toms River requested that the Borough hold off on adopting the ordinance. He stated that it is their position that we move on adopting this ordinance and use the effective date of January 1^st until we are ordered otherwise.

Councilman Lamb asked who is the attorney handling the case for Toms River.

Mr. George stated that they are apparently special counsel hired by Toms River to work this re-appeal process.

Councilwoman Filippone asked that once the ordinance is passed and the stay is cleared up would we go back to January 1^st or do we use the effective date of the court case.

Mr. George stated that it would have to remain the effective date of decision because we ca not use the January 1^st date if the case is not decided.

Mayor LaCicero called for a vote. Vote: Council Members Zalom, Lamb, Horan and Filippone voted Yes. The Motion was passed.

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Appeal of Civil Administrative

Penalty Assessment/Received November 12, 2009

b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Borough of Lavallette v. Leonard

Churchill & John Forman/Received November 19, 2009

c) Wolff & Samson/Counsellors at Law/Thomas J. Trautner, Jr/Borough of Lavallette,

Ordinance No. 2009-16 (1069)/Annexation of Bay Beach Way/Received December 3, 2009

d) Wolff & Samson/Counsellors at Law/Thomas J. Trautner, Jr/Borough of Lavallette,

Ordinance No. 2009-16 (1069)/Annexation of Bay Beach Way/Received December 4, 2009

e) Eric M. Bernstein & Assoc/Philip G. George, Esq/Bay Beach Way Realignment

Committee/Township Council of the Township of Toms River/Received December 4, 2009

Engineering:

a) O’Donnell, Stanton & Assoc/Michael O’Donnell/Bond & Kerr Avenues Road Improvements/Pay Estimate No. 1/Received November 30, 2009

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Grand Central Avenue Sidewalk Beautification Project/Soil Erosion and Sediment Control Application/Received November 30, 2009

c) O’Donnell, Stanton & Assoc/Michael O’Donnell/Grand Central Avenue Sidewalk Beautification Project/Received November 30, 2009

d) O’Donnell, Stanton & Assoc/Michael O’Donnell/Grand Central Avenue Sidewalk Beautification Project/Received December 1, 2009

e) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond & Kerr Avenues Road Improvements/Punch List/Received December 3, 2009

New Jersey League of Municipalities:

a) New Law Affecting Members of Local Authorities, Boards and Commissions/Received November 13, 2009

b) November 19 Meeting Christie/Guadagno Red Tape Review Group Local Officials Invited to Testify/Received November 16, 2009

c) Mayors Task Force for School Funding Reform Seeks Your Support/Received November 16, 2009

d) A-3119/Increases LUARCC Powers/Received November 23, 2009

e) QPA Bill Conditional Veto/Received November 24, 2009

f) Retrofitting Suburbia/Received November 24, 2009

g) Changes to the DLG Website/Received November 24, 2009

h) Lame Duck Legislative Session Begins/Received November 25, 2009

i) New Laws/Received November 25, 2009

j) The League’s Legal Consultation Service/Received November 25, 2009

k) Mayors Task Force for School Funding Reform Seeks Your Support/Received November 30, 2009

l) Property Tax Relief Funding Deferred Permanent Cut Considered/Received December 1, 2009

m) League Conference Resolutions/Received December 1, 2009

n) State Report Confirms Need for Pension and Benefit Reforms/Received December 1, 2009

o) Urgent Legislative Alert!-A-4280 & S-3045, Time of Decision/Received December 2, 2009

p) FCC Adopts Wireless Tower Siting Position/Received December 2, 2009

q) League Joins Challenge to Verizon’s Claimed Exemption from Business Personal Property Tax/Received December 2, 2009

General With No Action:

a) State of New Jersey/Bureau of Underground Storage Tanks/Kathleen M. Katz, Acting Section Chief/Remedial Action Work plan Approval for Sunoco Service Station/Received November 10, 2009

b) Ocean County Engineer/Alan R. Rissmiller/Assistant County Engineer/Road Maintenance Restoration for Snow Removal Operations/Received November 10, 2009

c) NJ Transit/John C. Leon/New Schedule Information/Received November 12, 2009

d) Cablevision/Adam E. Falk, Vice President/Launch of Tele El Salvador and Smithsonian Channel and Smithsonian Channel HD/Received November 13, 2009

e) Agnes and Walter Anderson/13 Magee Avenue/issuing a complaint about a Public Works Employee and advising they will be taking care of their sump pump issue/Received November 13, 2009

f) State of New Jersey/Department of Environmental Protection/Division of Water Quality/Jeffrey Reading, Assistant Director/FY2010 Annual Fee Report and Assessment of Fees for the NJ Pollutant Discharge Elimination System Permit Program/Received November 16, 2009

g) Lavallette Volunteer Fire Company #1/2008 Tax Returns/Received November 16, 2009

h) Congress of the United States/John Adler, Congressman/advising of FEMA teams assessing damages from the storm starting on November 17, 2009/Received November 17, 2009-Mr. Parlow stated that all proper paperwork has been filed we just have not heard from FEMA.

i) Ocean County Utilities Authority/Richard M. Warren, Executive Director/Preliminary Estimate of 2010 Annual Charge/Received November 17, 2009

j) Cablevision/Adam E. Falk, Vice President/Launch of Fox Business News and Fox Business News HD/Received November 20, 2009

k) Ocean County Municipal Joint Insurance Fund/PERMA/2010 Budgets/Received November 24, 2009

l) RAMPP/Jean Huang, Task Order Manager/Field Survey for FEMA Flood Studies in Atlantic, Bergen, Morris, Ocean, Passaic, Somerset and Union Counties/Received November 30, 2009

m) Municipal Excess Liability Joint Insurance Fund/David N. Grubb, Executive Director/POL/EPL Deductibles/Received November 30, 2009-Mr. Parlow stated that there are going to be a number of changes regarding personnel policies and employee training.

n) Cablevision/Tricia Kaminski, Assistant/Tariffs for all Systems effective January 1, 2010/Received November 30, 2009

o) Ocean County Department of Solid Waste Management/Mary E. Jerkowicz, Program Monitor/Final Recycling Rates for 2008 for all municipalities in Ocean County/Received November 30, 2009

p) Friends of Lavallette Beautification Committee/Pat Marrone, Chairperson/Officers for the 2010 Year and 2009 End of Year Report/Received December 3, 2009

General With Action:

a) Congress of the United States/John Adler, Congressman/2009 Adequate Fire and

Emergency Services (SAFER) Grants Program Guidance on the Assistance to Firefighters

Grants Program Website/Received November 12, 2009-Mr. Parlow stated that a copy of

this was provided to the Fire Department

b) County of Ocean Road Department/Stephen F. Childers, County Road Supervisor/After

Hour Call-Outs/Received November 13, 2009-Mr. Parlow stated that he spoke to the

Chief about this and we rarely need to do call-outs to the County.

c) Golden Elks Pop Warner Football/R. Brett Madden, Esq/requesting to use our ballfield

for August, September, October 2010 football practices/Received November 16, 2009-

Mayor LaCicero asked that Mr. Parlow send them a letter advising them the field is

unavailable.

d) New Jersey Natural Gas/Renee M. Amellio, Outreach Program Specialist/requesting that

the town help promote the SAVEGREEN Project by putting a Web banner on our

website/Received November 17, 2009-Mr. Parlow stated that he would take care of.

e) Don Oriolo/25 Sturgis Road/requesting Mayor and Council vacate the corner of Sturgis

“Dedicated for future road widening” to allow my lot to become conforming in square

footage to the Ordinance/Received November 23, 2009-Mr. Parlow stated that this letter

should be directed to the Ocean County Planning Board

f) Lavallette Democratic Club/Sara Ardito, President/requesting the use of Council

Chambers for their monthly meetings/Received December 7, 2009-Mayor LaCicero stated

that this was okay providing that there were no conflicts.

g) Friends of The Save Barnegat Bay 8K/Kirk Tilton, Trustee/requesting to hold their annual

Save Barnegat Bay 9k on June 26, 2009-Mayor LaCicero stated that this was okay

providing there were no conflicts.

UNFINISHED BUSINESS:

Mayor LaCicero stated that Councilman Stogdill could not attend the meeting tonight but wanted him to let the public know that as of now there are over 100 residents using the new “Autopay” payment system.

NEW BUSINESS:

COMMENTS FROM THE PUBLIC:

Lachlan Cameron, 116 President Avenue asked if there were any changes in the number of uses with the new ordinance.

Councilwoman Filippone stated that only two uses are permitted. It depends on the number of entities based on a minimum of 500 square feet of space.

Joe Palinsky, 122 Washington Avenue asked if the franchise agreement with Cablevision has expired.

Mr. Parlow stated that as of right now the agreement with Cablevision has expired.

Mr. Palinsky questioned whether we can go out to bid for other cable services.

Mr. Parlow stated that our area is only serviced by Cablevision so we can not go into contract with any other cable service.

Mr. Palinsky requested that we not do a 25 year agreement but maybe only a five or ten year agreement.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilman Horan stated that as of January 1^st 2010 the Lavallette residents will be able to participate in the NJ Public Utilities Star Program. This pertains to rebates on high efficiency appliances and many more savings.

Mr. Parlow stated that a link will be put on our website for information.

Council President Zalom stated that the Ocean County Freeholders will be sending us over a resolution they did on beach replenishment that we need to do ourselves. She will see you all at Lavallette’s Birthday Party and she is very pleased and excited about our new street.

Councilman-Elect Borowski stated that at the Oyster Supper he was approached by a resident that had nothing but praise for Mr. Parlow and Mr. Remy. They helped her with a sump pump and street problem and were so prompt in doing she was so pleased. He will be attending a newly elected official course in January. He would also like to compliment Public Works on a magnificent job on the boardwalk but we need to figure out the snow fencing problem.

Mayor LaCicero stated that we were hoping that the funding from FEMA would help in the costs to replace it.

Mayor LaCicero reminder all that the Council Meeting on December 21^st will be held at 5 pm and not at 7 pm so that all can attend the birthday party.

EXECUTIVE SESSION:

Mr. George stated that there is a need to go into Executive Session to discuss some contract negotiations pertaining to the Dispatchers Contract. There will be no action taken.

A Motion was made to Adjourn the Caucus/Regular Meeting to go into Executive Session by Council President Zalom. The Motion was seconded by Councilman Horan. All of Council were in favor. The Motion Passed. The Caucus/Regular Meeting was adjourned to go into Executive Session at 8:44 pm.

A Motion was made by Councilman Horan to reconvene the Caucus/Regular Meeting. The Motion was seconded by Councilwoman Filippone. All of Council was in Favor. The Caucus/Regular Meeting was reconvened at 9:04 pm.

Mr. George stated that in Executive Session contract negotiations were discussed pertaining to the Dispatchers Contract. Figures were discussed and an offer needed to be revised. No action was taken at this time.

ADJOURNMENT:

A Motion was made by Councilwoman Filippone to adjourn the Caucus/Regular Meeting. The Motion was seconded by Councilman Horan. All of Council were in favor. The Motion passed. The Caucus/Regular Meeting was adjourned at 9:05 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 on the 7^th day of December 2009

________________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE (MINUTES)

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, November 9, 2009 – 7:00 pm

CALL TO ORDER: Mayor Walter G. LaCicero, presiding

ROLL CALL: Council Members Zalom, Lamb, Stogdill, Horan and Filippone were present.

Councilwoman Wenzel was absent.

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

Council-Elect James Borowski

MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for the troops at Ft. Hood who died and were injured and all our troops overseas.

PLEDGE OF ALLEGIANCE: Councilman Lamb 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.

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

Mayor LaCicero opened the floor to anyone in the audience who wished to speak on any issues that were not listed on the agenda or could not stay for the remainder of the meeting.

Brian Walsh, 11 Pershing Blvd. stated that he has been living here for the past 11 years and has had an issue with a fire hydrant that is partially in his driveway. For many years, he has been asking for the fire hydrant to be relocated so he does not have to keep saying to their guests to watch out for the fire hydrant when they are pulling out of his driveway. He has spoke to Public Works and Doug Franzoso and he has driven around to see where the other hydrants on West Point Island were located. Obviously, before he purchased the property the driveway was not as wide as it is now. In his opinion, if anything, it has become a safety issue. He has taken pictures of the hydrant showing where it is located in his driveway. He has spoken to a number of Borough officials and still has not received a response. He would just like to know where he stands with this whole situation. He is here tonight for some guidance from Council as to what steps he should take next.

Mayor LaCicero stated that we discussed this at one of our Council meetings and he thought we sent it over to our Engineer.

Mr. Parlow stated that he would like to know where we would relocate it too. It is not as simple a task or an inexpensive task.

Mr. Walsh stated that he did get an estimate to move it and it was roughly $12,000. He would be happy to help with a portion of the cost.

Mr. Parlow questioned whether he could move his driveway?

Mr. Walsh stated that he had thought about that but certain ordinances in town prevent him from doing so.

Mayor LaCicero questioned whether we could check with the Engineer and se what he proposes?

Councilman Lamb stated that this is something that Mr. Walsh has been dealing with for many years now. He has been speaking with the water department on a regular basis so it has been an ongoing situation for quite some time.

Mayor LaCicero stated that Councilwoman Wenzel is not here tonight to speak for her department but we will discuss it with Mike O’Donnell and someone will get back to Mr. Walsh when we find something out.

Susan Koch, 119 Camden Avenue stated that she was speaking on behalf of the Beautification Committee and they would like to know about the Hankins Park sign that was to be placed at the Shuffle Board Courts.

Mayor LaCicero stated that this was a Public Works issue and Councilwoman Wenzel is not here so we will have to wait until she is available.

APPROVAL OF CLERK’S MINUTES

Regular Meeting of October 19, 2009

Bid Opening Minutes of November 5, 2009

A Motion was made by Council President Zalom to adopt the Minutes. The Motion was seconded by Councilman Horan. Vote: Council Members Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

REPORTS:

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

b) Planning Board Report for October-Councilwoman Filippone-There was just a workshop

meeting and we put the final touches on the on the Use Ordinance that is under new business

tonight. We have worked very hard on this Ordinance and hope that it is approved by Council

and put on the agenda for December

c) Animal Control Report for October-Councilwoman Filippone-read report-Council President

Zalom questioned if someone is feeding stray cats on a property is it legal for them to do that?

Mr. Parlow stated that he believed that as long as it was on private property is was not illegal.

Mayor LaCicero questioned whether we could regulate the feeding of feral cats? Mr. George

stated that because of the legality of the laws he strongly recommends we do not do that.

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

e) Public Affairs Report for October-Council President Zalom-Most of the activities for the month

of November and December are on the front table. We still have our monthly calendars on our

website. There is a Culinary Arts Trip to Atlantic County tomorrow and one to Asbury Park on

December 1^st. There will also be a trip to Smithville on November 18^th. Our tree lighting is on

December 4^th and the Oyster Supper is on December 5^th. Let’s not forget our Birthday Party on

December 21^st. The trips to New York will be on December 9^th and 12^th. There will be a ski

trip in January to Wyndham. Thank you to all who helped with the Halloween Hoedown, it was

wonderful. She also asked that we do not forget to get your membership to the Beautification for $15 per person. They help this town look so beautiful.

f) Zoning Report for October-Councilwoman Filippone-read report

g) Construction Report for October-Councilwoman Filippone-read report

h) Tax Account Status Report for October-Tax Collector

i) Revenue Transaction Report for September-Chief Financial Officer

j) Detailed Budget Report for September-Chief Financial Officer

A Motion was made by Councilman Lamb to approve the Reports. The Motion was seconded by Councilman Stogdill. Vote: Council Members Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

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

RESOLUTIONS – ON CONSENT:

Mayor LaCicero requested that Resolution 2009-253 be pulled off the consent agenda until the Council votes on the Introduction of the Ordinance.

2009-246 reappointing Christopher F. Parlow to the position of Municipal Clerk for the Borough of Lavallette

2009-247 declaring the Borough of Lavallette a military friendly town and encourages the Lavallette businesses to offer discounts to those who serve in the military-Councilman Horan stated that he was very happy about this. He stated he has spoken to the LBA and all they wanted was a resolution from the town in order to participate with the program.

2009-248 appointing Adam LaCicero to the position of Patrol Officer for the Lavallette Police Department-Councilwoman Filippone stated that this employee currently holds a position at Public Works and was number one on the police list so he will be going to the academy in December. Once he is completes his training and graduates he will begin his position as Police Officer and there will be an opening in the Public Works Department that they can fill.

2009-249 authorizing leave of absence without pay for Adam LaCicero for the period

commencing December 16, 2009 and terminating May 20, 2010

2009-250 authorizing the Treasurer to refund the credit balance on taxes in the amount of

$2,897.30 for Block 9 Lot 4 due to an overpayment

2009-251 authorizing transfers between budget appropriations accounts

2009-252 authorizing the Mayor to execute an agreement between the Borough of Lavallette and the Lavallette Volunteer First Aid Squad, Inc.

2009-254 rejecting bids for a 2010 or newer bucket truck and authorizing re-advertisement and

re-bidding of the same-Mr. Parlow stated that the low bidder left out a document and

there were some discrepancies with the other bidder so the decision was made to

reject the two bids and go out to bid again.

2009-254A authorizing Class II training at the Ocean County Police Academy for James

Monolio at an hourly rate of $7.25 commencing December 16, 2009

Mayor LaCicero opened the floor for the public to comment on the Consent Agenda and the bills list.

Clem Boyers, 20 Kerr Avenue questioned Resolution 2009-252 in reference to the First Aid Agreement.

Mr. Parlow stated that this was an annual agreement allowing the Borough to make its appropriation of $28,000 to the First Aid.

There were no other comments on the Consent Agenda or the Bills List. Mayor LaCicero closed the floor and asked for a vote on the Consent Agenda.

A Motion was made by Council President Zalom to approve the Consent Agenda. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

RESOLUTIONS-OFF CONSENT:

2009-253 appointing an Annexation Committee pursuant to N.J.S.A. 40A:7-18

Mayor LaCicero opened the floor to the public for any comments or discussion on Resolution 2009-253. No one wished to comment on the Resolution. Mayor LaCicero closed the floor and asked Council for a vote.

A Motion was made by Councilman Horan to approve Resolution 2009-253. The Motion was seconded by Councilman Stogdill. Vote: Council Members Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

APPROVAL OF VOUCHERS:

2009-255 Bills List in the amount of $3,314,769.58

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

ORDINANCES ON FOR INTRODUCTION/FIRST READING

Mayor LaCicero stated that Toms River Township filed a second motion for appeal.

Mr. George stated that he has reviewed some of the amendments from the WPI annexation from years ago. The Supreme Court turned down Toms River Township’s appeal which means that Bay Beach Way homeowners will become part of Lavallette Borough as of January 1^st. Mr. George stated that there are only two meetings left after tonight before the end of the year so we should introduce this ordinance tonight and adopt on December 7^th.

A Motion was made by Councilman Horan to introduce Ordinance No. 2009-16 (1069). The Motion was seconded by Councilwoman Filippone. Vote: Council Members Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

Mayor LaCicero stated that Public Hearing and Final Adoption is scheduled for December 7, 2009.

ORDINANCES ON FOR FINAL ADOPTION/SECOND READING

ORDINANCE NO. 2009-15 (1068) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING, REVISING AND SUPPLEMENTING CHAPTER 55 OF THE BOROUGH CODE ENTITLED “SOLID WASTE”.

Mr. Parlow stated that there were a number of changes that had become outdated needed to be revamped with this Ordinance.

A Motion was made by Councilman Stogdill to adopt Ordinance No. 2009-15 (1068). The Motion was seconded by Councilwoman Filippone. Vote: Council Members Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Bond & Kerr Avenue Road

Improvements Bids/Received October 5, 2009

b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Borough of Lavallette v. Leonard

Churchill & John Forman/Received October 6, 2009

c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Fernandez v. Willingboro

Township/Received October 20, 2009

d) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Fernandez v. Willingboro

Township/Received October 23, 2009

e) Eric M. Bernstein & Assoc/Deborah Bracaglia, Esq/Leave of Absence Without Pay for Public

Works Employee to Attend Police Academy/Received October 28, 2009

f) Eric M. Bernstein & Assoc/Philip G. George, Esq/Enforcement of Construction Permit Time

Requirements/Request for Advice on Enforcement Ordinance Enactment/Received November

5, 2009-Councilwoman Filippone stated that this was in reference to her request to see if we

could still tax a portion of a house that was partially constructed and has not completed the

work. According to Mr. George and Mr. Pezarras the Tax Assessor this cannot be done.

g) Eric M. Bernstein & Assoc/Philip G. George, Esq/Bid Submissions for “Bucket”

Truck/Received November 6, 2009

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond & Kerr Avenues Road

Improvements/NJDOT Application/Received October 7, 2009

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/ Bond & Kerr Avenue Road

Improvements/Received October 28, 2009

c) O’Donnell, Stanton & Assoc/Michael O’Donnell/Tennis Court Restoration/Received October

30, 2009-Councilman Lamb questioned the graffiti on the Tennis Courts. We do not want this to keep happening so maybe we should see if the Police Department can patrol a little more over there at night or maybe we should keep the gates locked at night.

d) O’Donnell, Stanton & Assoc/Michael O’Donnell/Grand Central Avenue/Sidewalk

Beautification Project/Received November 2, 2009

New Jersey League of Municipalities:

a) Federal Transportation Funding Update/Received October 2, 2009

b) Experts Assess Economic Crisis and Prospects for Recovery/Received October 5, 2009

c) H1N1 Update-Initial Shipments of Vaccine Arrive/State H1N1 Hotline Opens/Received October 6, 2009

d) American Recovery and Reinvestment Act (ARRA)/Received October 7, 2009

e) S-1303/A-3062 “Inherently Beneficial Uses”/Received October 7, 2009

f) Please Support the Raise Me Up Campaign/Received October 9, 2009

g) OPRA Suit Information Requested/Received October 9, 2009

h) Important Conference Session Using the “New Media”/Received October 12, 2009

i) ARRA Reporting Update/Received October 14, 2009

j) Mandates Relief/Received October 15, 2009

k) Bills Signed by Governor/Received October 20, 2009

l) EECBG Stimulus Funding Opportunity/Received October 21, 2009

m) Bills Signed by Governor/Received October 20, 2009

n) Update on Furloughs/Received October 23, 2009

o) Important Conference Session of Hope for our State’s Future/Received October 26, 2009

p) H1N1 Update/Received October 28, 2009

q) Federal Trade Commission (FTC) Delays Red Flag Rule (again)/Received November 3,

2009

General With No Action:

a) State of New Jersey/Department of Environmental Protection/Notice of Public

Hearing/Received October 5, 2009

b) Peter Healy/110 Bond Avenue/letter expressing gratitude in taking extra steps in rectifying a

possible catastrophe at my home to Dispatcher Joe Lord, Ptl. Jerry Capron and

DPW/Received October 5, 2009-Mr. Parlow stated that copies of this letter will go in their

personnel files

c) Lisa Taylor/119 Washington Avenue/letter expressing pleasure with the Geese Police at

Chandler Field/Received October 8, 2009

d) Birdsall Services Group/Environmental Alert/September is Mold Awareness Month/Received

September is Mold Awareness Month/Received October 9, 2009

e) Ocean County Utilities Authority/Keith B. Marcoon, Planning/Metering Engineer/2009

Metered Flow Data/Received October 13, 2009

f) State of New Jersey/Department of Transportation/Steven Dilts, Commissioner/letter

informing us that we were selected to receive funding from NJDOT’s Fiscal Year 2010

Municipal Aid Program for New Brunswick Avenue Road Improvements in the amount of

$150,000/Received October 15, 2009

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

County Recycling Revenue Sharing Program check in the amount of $1,005.30/Received

October 15, 2009-Council President Zalom thanked everyone that is part of this Program.

h) Cablevision/Adam E. Falk, Vice President/change in iO Entertainment cable package for

certain commercial customers/Received October 19, 2009

i) Michele Donato/Parking Committee/Two Hour Parking Status/Mr. Parlow’s answer back to

Ms. Donato/Received October 21, 2009-Mr. Parlow has already responded to Ms. Donato and

Mr. Parlow will also send another letter to the NJDOT asking for an update on our previous

requests.

j) Cablevision/Adam E. Falk, Vice President/Launch of Estrella TV/Received October 22, 2009

k) Sokol, Behot & Fiorenzo/Neil Yoskin/Joseph & Mary Chyb v. DEP/Block 12 Lot 4/Received

October 28, 2009

l) NJ Transit/Deborah Rojas, Manager/no longer providing printed schedules to

municipalities/Received October 28, 2009

m) Brian Long/Long Builders, LLC/thank you to Hans Warnebold for all his assistance/Received

October 29, 2009-Mr. Parlow stated that this letter will go into his personnel file.

n) MONOC/Have You Considered Shared Services for Emergency Medical Dispatch and/or

911 Call Screening/Received October 30, 2009

o) Michele R. Donato, Esq/Checklist Ordinance/Received November 4, 2009

p) Ocean County Planning Board/Erika Stahl, Assist. Planner/2010 Ocean County CDBG

Program Schedule/Received November 4, 2009

q) State of New Jersey/Department of Transportation/No Funding for Municipal Aid for

Improvements to Westmont Avenue for 2010/Received November 4, 2009

r) Ocean County Engineer/Frank Scarantino, Engineer/Signing and Pavement Markings/County

Roads/Received November 5, 2009

s) Roger Martin/thank you letter to Mayor and Council for the Proclamation/Received

November 5, 2009-Mayor LaCicero stated that this was thanking us for his proclamation.

t) New Jersey American Water/News Drop/An Update Concerning Issues in the Water

Industry/Received November 5, 2009

u) Cablevision/Tricia Kaminski, Assistant/Tariffs that might Reflect Price adjustments to

Unregulated Areas/Received November 5, 2009

General With Action:

a) Jersey Shore Relay/Bob Both, Relay Event Coordinator/requesting permission to run through

our town on the boardwalk on April 17, 2010 from 8 am to 10 am/Received October 14,

2009-Mayor LaCicero stated that this has become an annual request and if no conflicts should

be okay.

b) Barnegat Bay National Estuary Program/Minigrant Program/Received October 15, 2009-

Council President Zalom stated that a copy of this should be sent to the school.

c) Board of Chosen Freeholders/Freeholder Gerry Little/inviting the Mayor to attend the

unveiling of a monument honoring those fallen soldiers on November 10, 2009 at

1pm/Received October 15, 2009-Mayor LaCicero stated that he will be attending this

unveiling.

d) Catholic Charities/Jean Metz, Service Director/requesting a total of $420.00 be included in

our 2010 budget projections for their services to our Borough/Received October 15, 2009-

Mayor LaCicero stated that this is an annual request and will be put in the budget for 2010.

e) Philip G. Mylod, Esq/100 Guyer Avenue/Block 32.01 Lot 5/requesting to be heard on the

public agenda/Received October 29, 2009-Mayor LaCicero stated that this is not a decision

for Council to decide but is a code enforcement problem. Mr. Remy our Zoning Officer has

already sent off a letter to the Post Office. Mr. George stated that this is clearly a civil matter

between homeowners and not for us to be involved in. Mayor LaCicero stated that if the Mr.

Mylod would like to come to the next meeting he can speak in the beginning before the

agenda starts.

f) New Jersey Alliance for Action Inc/Clifford J. Heath, Senior Vice President/requesting the

attendance of Mayor and Council to the Ocean County Alliance for Action Chapter Meeting

to be held on November 20 at 8:15 am/Received November 4, 2009-Mr. Parlow stated that he

will make sure he attends this meeting

UNFINISHED BUSINESS:

Mayor LaCicero stated that the L & R Marine building has finally been demolished. The homeowner of those four properties has presented us with a couple different options of plans for what he would like to propose with vacating that portion of the street. Mr. Parlow has the plans and he would like to see Council take a look at them and at some point we should have a discussion about it.

Mr. Parlow stated that he has discussed this with Mr. George and has a meeting with our Tax Assessor Thursday night to discuss with him.

Council President Zalom stated that she will be attending the CDBG meeting on December 8^th even though we will not be receiving any monies for 2010 because we received for 2009.

Mr. Parlow stated that he would like authorization from Council to go out to bid for RFP’s for Professional Services. This year the Engineer will be included in the RFP’s also.

A Motion was made by Councilman Horan to authorize the Municipal Clerk to go out to bid for RFP’s for Professional Services. The Motion was Seconded by Councilwoman Filippone. Vote: Council Members Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

Councilwoman Filippone requested that the Pay to Play certificate be highlighted in their packets.

Mr. Parlow stated that he has included an Affidavit for them to fill in the blanks and sign and seal so there are no flaws with there specs.

NEW BUSINESS:

Proposed Zoning Ordinance Amendment for B-1 & B-2 Zone Use Regulations-Planning Board

Councilwoman Filippone stated that there is a letter from Mr. Howard along with the Proposed Ordinance pertaining to what it entails. Essentially, we are talking about two permitted uses on a 50 x 100 lot with a minimum of 500 sq. ft. per tenant (mixed uses). The intent is to clarify the use ordinance and to help stimulate some business development. She would like Council to take a look at it and have it on the agenda before the end of the year.

Mayor LaCicero stated that this clarification of the ordinance should prevent any further litigation.

COMMENTS FROM THE PUBLIC:

Joe Palinsky, 122 Washington Avenue stated that there are some Department of Energy grants that maybe we could find useful for all of our street lighting in town for LED lights.

Councilman Horan stated that he will look into that.

Mr. Palinsky stated that the assessed values for Bay Beach Way are fairly low.

Mr. George stated that those assessments are from 2005 not the current assessments.

Mr. Parlow stated that the total went from roughly $12,534,000 to $43,000,000.

Mayor LaCicero stated that our Tax Assessor will be looking into those aspects.

Susan Koch, 119 Camden Avenue stated that the State laws usually say that if a person feeds a stray animal than that animal becomes yours and you are essentially responsible for that animal.

Mr. George stated that you would have to do an amendment to our present animal control ordinance. He will draft one for your review.

Peter Sturm, Virginia Avenue stated this summer she noticed a number of vehicles going the wrong way on the highways. Are there signs on our highways letting them know it is one way and wrong way.

Mr. Parlow stated that there are arrows on the street saying one way and if you are going the wrong way it says wrong way.

Councilwoman Filippone stated that we do not have the signs that say no right turn or no left turn but maybe they would be more effective.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Council President wished everyone a Happy Thanksgiving.

Mayor LaCicero stated that he was told that the State Police are on our beaches enforcing the Fish and Game Laws.

A Motion was made was made by Council President Zalom to adjourn the Caucus/Regular Meeting to go into Executive Session. The Motion was seconded by Councilman Stogdill. All of Council was in Favor. The Meeting was adjourned at 8:00 pm on to go into Executive Session.

Mr. George stated that in the Executive Session we will be discussing an Interlocal Agreement with Seaside Park for UCC Services with no action needed to be taken.

A Motion was made by Council President Zalom to reconvene the Caucus/Regular Meeting. The Motion was seconded by Councilman Horan. The Caucus/Regular Meeting was reconvened at 8:15 pm.

Mr. George stated that during the executive session there was only one topic discussed which is the pending negotiations with the Borough of Seaside Park with regard to an Interlocal Service Agreement with UCC Services. There was no action taken.

ADJOURNMENT:

A Motion was made by Councilman Lamb to adjourn the Caucus/Regular Meeting. The Motion was seconded by Councilman Horan. All of Council was in Favor. The Motion passed. The Caucus/Regular Meeting was adjourned at 8:15 pm.

CERTIFICATION

________________________________

Christopher F. Parlow

Municipal Clerk

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, October 19, 2009– 7:02 pm

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

MOMENT OF SILENCE: Mayor LaCicero asked for a moment of silence for all the troops overseas and for two longtime residents, Rudy Krone and Helen Bruckner, who passed away this month.

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

MAYOR’S WELCOMING STATEMENT: Mayor LaCicero welcomed everyone to tonight’s meeting. He commented that this is probably the smallest agenda he has seen so far.

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

Mayor LaCicero opened the floor to anyone in the audience who wished to speak on any issues that were not listed on the agenda or could not stay for the remainder of the meeting.

There was no public comment.

APPROVAL OF CLERK’S MINUTES:

Caucus/Regular Meeting of October 5, 2009

A Motion was made by Councilman Horan to approve the Minutes. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

RESOLUTIONS – ON CONSENT:

2009-240 authorizing the Chief Financial Officer to refund $1,400.00 to Sica Industries for

a building permit due to an error in calculation

2009-241 appointing Council President Anita Zalom as Community Development Block

Grant Representative through October 31, 2010-Council President Zalom thanked

everyone for letting her be the representative. She commented that the Borough received funds in 2009 from the County so we will not receive any funds again until 2011.

2009-242 endorsing the green acres, water supply and floodplain protection and farmland and historic preservation bond act of 2009

2009-243 recognizing the month of November 2009 as national family caregiver month

2009-244 appointing Sandra Brodbeck to the provisional part-time position of Deputy Municipal Court Administrator at an hourly rate of $13.00

Mayor LaCicero opened the floor for anyone who wished to comment on the consent agenda and the bills list. No one wished to comment on the Consent Agenda or the Bills List. Mayor LaCicero closed the floor to public comment and asked Council for a vote on the Consent Agenda.

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

2009-245 Bills List in the amount of $292,885.93

A Motion was made by Councilman Stogdill to approve the Bills List. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Lamb and Stogdill voted Yes. Council President Zalom and Councilwoman Filippone abstained on PO #09-04331 and PO#09-04351 and Yes to all others. Councilman Horan abstained on PO #09-04351 and PO #09-09-04353 and Yes to all others. The Motion passed.

ORDINANCES ON FOR INTRODUCTION/FIRST READING

Mr. Parlow stated that he provided Council with a red line version to show where the changes had occurred. There were a number of changes that needed to be revised and a number of items that were in solid waste that needed to be moved to recycling. As the recycling industry changes we have updated the list of items that can be recycled. We have placed in this ordinance some revisions that puts more own ness on Council to do the resolutions to change some of the regulations on how we pick up recycling rather than having to keep updating the Ordinance in the future. It just makes the Ordinance more users friendly.

Councilwoman Wenzel stated that one significant change was to remove the fee for a resident who brings their bulk items to the recycling center instead of us having to pick them up with a vehicle.

A Motion was made by Councilwoman Wenzel to introduce Ordinance No. 2009-15 (1068). The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone. The Motion passed.

Public Hearing and Final Adoption will be held on November 9, 2009.

Mr. Parlow stated that the violations and penalties section that is in this Ordinance is a standard section in the majority of other section of the Code.

Council President Zalom questioned when you should put your garbage out the day before and when they must be removed the day of the pickup.

Councilman Horan stated that you must put your garbage out at 7pm the night before and bring your cans in by 6pm the day of pickup.

ORDINANCES ON FOR FINAL ADOPTION/SECOND READING

ORDINANCE NO. 2009-14 (1067) ORDINANCE OF THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING, REVISING AND SUPPLEMENTING CHAPTER 89 OF THE BOROUGH CODE, ENTITLED “VEHICLES AND TRAFFIC”, TO ADD A NEW ARTICLE X ENTITLED “MOTOR VEHICLE STORAGE”

A Motion to Adopt Ordinance No. 2009-14 (1067) was made by Councilman Stogdill. The Motion was seconded by Councilwoman Filippone.

Mr. Parlow stated that this ordinance will provide the Police Department with the ability to address abandoned and inoperable vehicles on properties. Mr. George drafted a new ordinance that provides regulations for the Police Department to go after homeowners who have inoperable and abandoned vehicles on their properties.

Councilwoman Filippone questioned whether this would regulate homeowners who are using their property as a junk yard or is using his property as a workplace.

Mayor LaCicero stated that if the homeowner and his property is not registered and licensed to do so than this Ordinance will cover that issue as well.

Mayor LaCicero opened the Public Hearing on Ordinance 2009-14 (1067) and asked if anyone wished to comment. There was no public comment. The Mayor closed the Public Hearing and asked Council for a vote.

Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

UNFINISHED BUSINESS:

Councilwoman Wenzel stated that she gave Mayor and Council a copy of the Public Works 3^rd quarter report. She stated she did not have it for the previous meeting and would like it put on the record for this meeting. One item on this report is the hiring of temporary laborers for the repairing of the docks on Bay Boulevard. The Magee Avenue dock repair has been completed on October 13^th and they have now moved on to the Reese Avenue dock.

Mayor LaCicero stated that the L & R Marine building has finally been sold and will be demolished hopefully this week. He has been approached by the new homeowner who also owns a few of the surrounding homes and he has asked that we vacate that portion of the road to him for a fee. The road itself in that area is in desperate need of repair and he is looking to make some landscaping renovations to that area. The Mayor recommended that we look into this as far as the utilities and any easement issues. He believes it is a good idea.

Councilman Lamb questioned if the utilities run the whole street?

Mayor LaCicero stated that would be something we would need to investigate.

Councilwoman Wenzel stated that her only concern would be public safety and we should have the Fire Chief see where the fire hydrant is located.

Councilman Lamb stated that he thinks each department head should look into this.

Mr. George stated that the first step is to do an ordinance to vacate the street if the when the decision is made.

Councilwoman Filippone questioned whether the electric for that street could go underground if necessary.

Councilwoman Wenzel stated that it could if necessary but we should have the department heads at Public Works take a look at it.

Mayor LaCicero stated we should have the Tax Assessor in the meantime estimate the value.

NEW BUSINESS:

Councilman Horan stated that he would like the Borough to become a military friendly town with formally with a resolution. The Borough already provides a discounted beach badge to active military and veterans and the LBA is willing to give discounts as long as the Borough does the resolution.

Mayor LaCicero stated that the resolution will go on for the next meeting.

Councilwoman Filippone stated that she has been approached by a few residents about two issues in town in reference to uncompleted construction jobs that have remained dead for some time. There are two properties in question, one is on West Point Island and the other is on the ocean. She has looked at both properties and they are substantially completed. The property on West Point Island is lived in and the one on the ocean is not. Right now they are not being taxed on the dwelling it is just being taxed on the land. She thinks we are losing a lot of money by not taxing them a portion of the dwelling. We need to set some standard where even if you stop working on your home and the permit is still open you will be taxed on whatever portion of the dwelling is completed. Maybe this will wake them up and they will complete it in a timely manner.

Mayor asked Mr. George if he had any knowledge on the construction laws on this issue.

Mr. George stated that there are standard guidelines in the Construction Code. The work must be started within one year of the permit being issued, if there is abandonment of the work for six months the permit can be pulled and the work needs to be completed within six years of the permit being issued. We can probably craft something up according to the construction code.

Councilman Lamb stated that he has never seen a house being built being taxed without being completed.

Councilwoman Filippone stated that he spoke to Hans, the Construction Official and he said he knows it has been done in other towns.

Mayor requested Mr. George look into this issue and get back to us.

Councilwoman Wenzel stated that she thinks Brielle Borough is doing something like this.

COMMENTS FROM THE PUBLIC:

Clem Boyers, 20 Kerr Avenue stated the first reading on the Recycling Ordinance does not include the numbers on the plastic containers.

Councilwoman Wenzel stated that the County often changes its rules on that so we are just going to include it in our literature.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilwoman Wenzel stated that she did attend the Recycling Conference on Wednesday. There was nothing new to update. The representatives from Sustainable Jersey were there and we spoke to them. In conversations there she was told that we will qualify for the first tier. Unfortunately, we did not make the deadline in time for the League Conference for the awards program. On January 1^st we can submit and we will qualify for funding. As we start to move up tiers, we will be in a smaller group of applicants. She will also be attending the NJ Clean Energy Conference this week.

Councilman Horan stated that we have ordered the LED lighting for our street lights so we will start to see a savings soon.

Council President Zalom stated that October schedules are available. Please remember the Beach Sweeps on October 24, 2009 and our Halloween Harvest Hoedown on October 30^th. She had to cancel the Adopt A Highway on October 18^th because of the rain. Our dune planting will be on Saturday November 7^th. The Borough received another grant from the DOT of $150,000 for New Brunswick Avenue. We received a letter thanking the Geese Patrol for keeping the field free of geese droppings.

Mayor LaCicero stated that we are going to be fine tuning the Ordinance to allow more people to sign up for that patrol.

Council President Zalom stated that there is a culinary bus trip on November 10, 2009. The tree lighting is on December 4^th and the Oyster Supper is December 5^th. The Ocean County Homeland Security got a big grant from the Federal Government to keep all Ocean County municipalities hooked up. We received a grant for the Police Department of $180,000 for their CAD System. She also reminded all to vote on November 3, 2009.

Councilman Stogdill stated that there have been at least ten applicants who have already registered for the auto pay for their payments. The holiday beach badge sale for the next season will be held on November 10^th through December 10^th.

Mayor LaCicero stated that he and Chris Parlow attended the kickoff meeting with the DOT for the Beautification Project. There is a lot of red tape but he thinks we can get through it in a timely manner. We also met with the Engineer and walked the area to see the physical challenges regarding the telephone poles and the width of the sidewalks. Once the Engineer submits the plans we will meet with the Beautification Committee to help us out. There are some pine trees at one residence that probably will only get the five foot sidewalks instead of ten.

Mr. Parlow stated that he is looking forward to the next set of meetings with the Beautification, the Utility Committee and the roads as well. There are a lot of requirements and the final plans need to be submitted by January 3, 2009. The Engineer has already surveyed the area so the plans are started already.

Mayor LaCicero stated the cost of the project might limit the amount of lighting we can afford. We are trying to find some give and take here, we have already eliminated the receptacles and benches cost wise because we have already purchased them.

Councilwoman Wenzel questioned the coordination with both Route 35 projects?

Mayor LaCicero stated that the State is saying that the Route 35 Project is probably not going to start until 2012 if that so we want to focus on the Roadway Enhancement first.

Mr. Parlow stated that even though we can not coordinate both projects the DOT will be coordinating among themselves on both projects to insure that there are no problems.

Councilwoman Wenzel stated that in Seaside Heights the pavers go up to an entrance way and the door is on the other side. She does not like that look.

Mayor LaCicero stated that we are not going to do any improvements to the buildings themselves except for the pavers and sidewalks. We are going to do up to a certain area and leave the rest for maybe the business owners to complete if they so choose.

Council President Zalom requested that some of those meetings with the roadway enhancement be after 4 pm so she could attend.

EXECUTIVE SESSION:

There was no Executive Session.

ADJOURNMENT:

CERTIFICATION

I, Christopher F. Parlo, Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey, does hereby attest these to be a true coy of the minutes from the Regular Meeting held on the 19^th day of October 2009

_________________________________

CHRISTOPHER F. PARLOW

MUNICIPAL CLERK

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, October 5, 2009 – 7:00 pm

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

MOMENT OF SILENCE: Mayor LaCicero asked for a Moment of Silence for the troops overseas. We suffered a big loss over there this week. Also, for the Berens Family who lost their son, Matthew Berens last week. Jack Berens works for O’Donnell, Stanton Associates

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

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

Mayor LaCicero opened the floor to anyone in the audience who wished to speak on any issues that were not listed on the agenda or could not stay for the remainder of the meeting.

There was no public comment.

PROCLAMATION:

Mayor LaCicero read the Proclamation for Roger Martin, who was a long time resident of Lavallette and a wonderful volunteer.

Council President Zalom took pictures of Mayor LaCicero and Councilman Horan holding the Proclamation and it will be mailed to Roger Martin.

PRESENTATION:

Census 2010 – Katy Bazerque, Partnership Specialist:

Katy stated that the Federal Government does a census every ten years. The Census is done for three reasons. The first is to count the amount of people in the United States. The second is for the amount of monies each state gives their municipalities according to population and the third is for determining our Congressional seats. She stated that starting in March 2010 the residents in Lavallette will be receiving a survey with about ten questions on it and they are to fill it out and mail it back to the Census Bureau. The problem the Census Bureau is having is some municipalities have a large amount of snowbirds. We have three different groups that we need to get counted for this census, the seniors, undocumented and the homeless. She believes the Borough has already put a link on their website for people to review the survey that will be being mailed to them. Our representatives that will be going door to door will not be asking for social security numbers or bank account information. They will also not be asking for access into the residence. There is no fees connected to this survey, you just have to answer the questions and then mail it back. Ocean County believes that 30% of the population in Ocean County was left out in the 2000 Census which consisted of mostly the snowbirds.

Councilman Horan questioned what they are going to do to prevent the shortage this year.

Ms. Bazerque stated that this year they are going to try their hardest to count as many people as they can. That is why we need everyone’s help including the snow birds of each municipality. If you just vacation for the winter months in Florida and you live here than most of the time then you need to fill the survey out here not in Florida. That is what we need to keep reminding them so they remember to do it. That is why she is here tonight so everyone understands the concept of what we are trying to accomplish. This is mostly to help each town get the benefits they deserve. Ms. Bazerque thanked the Mayor and Council for allowing her to make the presentation.

Bill Kinney, 23 Philadelphia Avenue questioned whether the number of undocumented affects the congressional seats, state and federal money?

Ms. Bezerque stated that the undocumented do count like everyone else.

Clem Boyers, 20 Kerr Avenue stated he worked for the Census in 2000 and it counts every address. If there are three units there will be three surveys sent.

APPROVAL OF CLERK’S MINUTES:

Regular Meeting of September 28, 2009

Executive Session Meeting of September 28, 2009

A Motion was made by Councilwoman Wenzel to adopt the Minutes. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. Councilwoman Filippone abstained. The Motion passed.

REPORTS:

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

b) Planning Board Report for September-Councilwoman Filippone-One case on Bond Avenue that

was held over to the October meeting. There is a case on for the October Meeting that is our

first Site Plan Ordinance. Mike O’Donnell office did a great deal of work with this application. After this we are going to have Mr. O’Donnell do some revisions to the Ordinance.

c) Animal Control Report for September-Councilwoman Filippone-read report

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

e) Public Affairs Report for September-Council President Zalom-We have a wonderful calendar

that we mail to every resident but we also have the updated calendars of events on the website that can be downloaded. Adopt A Highway will be on October 17^th. We have the Rummage Sale on October 9^th & 10^th. The Beach Sweeps is going to be held on October 24^th. The Halloween Harvest Hoedown will be held on October 30^th. There will be two culinary trips this fall so keep an eye out. October is Women’s Health Month and Domestic Violence Month. There will be two NY trips on December 9^th and 12^th. The flu clinic is October 13^th from 1 to 3pm at the First Aid.

f) Zoning Report for September-Councilwoman Filippone-read report

g) Construction Report for September-Councilwoman Filippone-read report

h) Tax Account Status Report for September-Tax Collector

i) Revenue Transaction Report for August-Chief Financial Officer

j) Detailed Budget Report for August-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, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

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

RESOLUTIONS – ON CONSENT:

2009-235 authorizing Mayor Walter G. LaCicero to execute a certification regarding executive compensation reporting requirements under section 1512 of the American Recovery and Reinvestment Act of 2009

2009-236 authorizing the 2009 Halloween curfew from October 29^th thru November 1^st from 9:00 pm until 6:00 am in the Borough of Lavallette

2009-237 authorizing the Recreation Department to hold their Halloween bonfire on October 30, 2009 at 6pm in conjunction with the Halloween Harvest Hoedown

2009-238 approving two applications to Helping Hands, Loving Hearts to hold a 50/50 raffle and Gift Auction on November 7, 2009 from 4pm to 11pm at St. Pio Parish Hall

2009-238A appointing David Jackovino to the position of Temporary Recycling Center

Attendant at an hourly rate of $10.00 commencing on October 8, 2009 through

December 31, 2009

2009-238B authorizing the Tax Collector to cancel 2008 delinquent balances in the amount of

$2.08

Mayor LaCicero opened the floor to anyone in the audience who wished to comment on the Consent Agenda and Bills List.

There was no public comment.

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

2009-239 Bills List in the amount of $322,612.22

A Motion was made by Councilwoman Filippone to approve the Bills List. The Motion was seconded by Councilman Stogdill. Vote: Council Members: Wenzel, Lamb, Stogdill, Horan and Filippone voted Yes. Council President Zalom Abstained on PO #09-00280-18 and voted Yes to all others. The Motion passed.

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Appeal of Civil Administrative

Penalty Assessment/Received September 14, 2009

b) Horn, Turnbach & Rybar, LLC/Jeff J. Horn/Borough of Lavallette v. Margaret Churchill &

John Forman/Received September 17, 2009

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond & Kerr Avenues Road Improvements/Application to the OC Soil Conservation District/Received September 14, 2009

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Kerr Avenue Road Improvements/Final

Reimbursement/Received September 17, 2009

c) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond and Kerr Avenues Road Improvements/Received September 23, 2009

d) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond and Kerr Avenues Road Improvements/Received September 30, 2009

e) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond and Kerr Avenues Road Improvements/Bid Award Recommendation/Received October 1, 2009

f) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond and Kerr Avenues Road Improvements/Received October 1, 2009

New Jersey League of Municipalities:

a) Unemployment Insurance Extended Benefits/Received September 11, 2009

b) Two Issues for the “Lame Duck” and Beyond/Mandates Relief/Binding Arbitration

Reform/Received September 11, 2009

c) Rethinking our Region: From Infrastructure to Social Structure National Premiere of the New

Metropolis/Received September 14, 2009

d) State Planning Commission, Affordable Housing/Sample Resolution for Legislative Action on

the Easthampton COAH Decision/Received September 14, 2009

e) Important Conference Sessions Public Safety/Emergency Management/Received September 15,

2009

f) Federal Update Road and Rail Funding/Received September 16, 2009

g) Sustainable Jersey Workshops/Received September 16, 2009

h) Latest Information on Mayors Wellness Campaign/Received September 18, 2009

i) 2009 League Conference Resolutions/Received September 18, 2009

j) Deadline Reminder October 13^th/Call for Nominations Eighth Annual Innovation in Governance

Awards/Received September 18, 2009

k) Important Conference Sessions Public Health/Received September 18, 2009

l) Important Conference Sessions Economic Development and Revitalization/Received September

21, 2009

m) Mayors Book Clubs Launched/Received September 23, 2009

n) Federal H1N1 Resources/Received September 23, 2009

o) 94^th Annual League Conference/Received September 23, 2009

p) Tax Foundation Names New Jersey First in Nation in Property Taxes/Received September 23,

2009

q) Federal Recovery Zone Bonds Guidance/Received September 24, 2009

r) Use of Force, Risk Management & Legal Strategies Seminar/Received September 25, 2009

s) Important Conference Sessions Green Issues and Sustainability/Received September 25, 2009

t) Effective Floodplain Management-Solutions Using Limited Resources/Received September 28,

2009

u) Changes to the New Jersey Division of Local Government Website/Received September 30,

2009

v) Holiday Displays/Received October 1, 2009

General With No Action:

a) Clean Ocean Action/Tavia Danch, Pollution Prevention Coordinator/thanking Council

President Zalom for returning as Beach Captain for the Beach Sweeps/Received September 21,

2009

b) James F. Martin/106 Trenton Avenue/letter not in favor of reducing any crosswalks in

town/Received September 21, 2009-Council President Zalom stated that she read about a town

that had their residents in an uproar because they took a traffic light away and put a crosswalk.

Councilwoman Filippone stated that Lavallette is not making any moves with reducing

crosswalks in town.

c) Cablevision/Adam E. Falk, Vice President/Launch of GlobalMind and MHZ World

View/Received September 23, 2009

d) US Department of Homeland Security/US Coast Guard/introducing the new Commander of US Coast Guard Sector Delaware Bay Meredith L. Austin/Received September 23, 2009

e) Martin Morales/Big Ed’s Produce/thanking the Lavallette Police, Fire and Public Works Electric Dept for all their help on the night of the storm/Received September 28, 2009

f) Insurance Services Office, Inc./Ronald P. Mielnicki, Program Coordinator/Preliminary Results regarding credits for Lavallette’s Community Rating System/Received September 28, 2009-Mr. Parlow stated that ISO performs an audit of the CRS program every five years. Based on the results of the audit the Borough will still maintain a CRS Rating of 8 which gives the Borough residents a 10% discount on their flood insurance.

General With Action:

a) John M. Patrick/13 Newark Avenue/requesting some assistance with 11 Newark Avenue property condition/Received September 18, 2009-Mayor LaCicero stated that Mr. Parlow has already responded to this request and has sent it over to the Code office.

b) Regular Republican Club of Lavallette/Harry Dew, President/requesting the use of our Council

Chambers for their Republican Club meetings in 2010/Received September 18, 2009-Mr.

Parlow stated they are the first to request for 2010 so they will get those dates.

c) Ocean County Columbus Day Parade Committee/Michael A. Blandina/requesting the presence

of Mayor and Council in the parade on October 11^th and the Italian Festival on October

9^th/Received September 18, 2009-Council President Zalom stated that she will be attending and

walking in the parade

d) Lavallette Business Association/Tom Yannacone, Flea Market Chairman/requesting to hold

their Flea Markets in July and August 2010/Received September 21, 2009-Mayor LaCicero

stated that this is an annual request and this is the first request so he can have those dates.

e) Casey Loundy/Senior at Pt. Pleasant Beach High School/requesting the town pass the same resolution as Seaside Heights declaring Lavallette Borough a Military Friendly Community/Received September 23, 2009-Councilman Horan stated that we give most of these discounts already but he has to talk to the LBA about them giving discounts. The Borough already provides discounted beach badges.

f) Jersey Shore Triathlon/Christopher Wilcox/requesting to a Swim Event on Memorial Day, May 31, 2010/Received September 2, 2009

g) Jersey Shore Triathlon/Christopher Wilcox/requesting to hold their 2^nd Annual LavaMan Triathlon on June 20, 2010/Received September 2, 2009-Mayor LaCicero stated that he spoke to Mr. Enright who is part of this Triathlon and he advised me that all proceeds for both events goes to charity so these two events can take place.

h) Cody/Lavallette Elementary School/requesting that Council consider putting up a roller hockey rink for the kids in town/Received September 28, 2009-Mayor LaCicero stated that he will write a letter to both students thanking them for their request but it can not be done.

i) Anthony/Lavallette Elementary School/requesting that Council consider putting up a roller hockey rink for the kids in town/Received September 28, 2009

j) Joan Brennan/118 Brooklyn Avenue/requesting the same brick wall with the posts at the Newark Avenue Treatment Plant be put at the DPW on the Brooklyn Avenue side/Received September 30, 2009-Mayor LaCicero stated that this will be put in the budget for 2010 but we have to wait to see if anymore work is going to be done over there.

UNFINISHED BUSINESS:

Council President Zalom stated that she performed a wedding last week at the gazebo and it was pouring rain. The couple had to put a tent up next to the gazebo because of all the rain. She thought that in the event of rain she could have the ability to perform the ceremony in Borough Hall. If it rains, we should allow them to put a tent up or go to the Borough Hall.

Councilwoman Filippone stated that if the Mayor or Council President is performing the ceremony then either could use Borough Hall in the event of inclement weather, but if people are willing to have an outside wedding they should have a backup plan if it rains. That should not be on us to give them a backup it should be the bride and groom’s responsibility. Maybe we should put a disclaimer on the application stating that in case of inclement weather they should have an alternative available to them.

NEW BUSINESS:

There was no new business.

COMMENTS FROM THE PUBLIC:

Bill Kinney, 23 Philadelphia Avenue stated that the Borough purchased a new street sweeper about 10 years ago. Along with the new purchase the Public Works established a schedule with sweeping the streets. They would put a sign at the top of the street the day before to let the residents of that street know that they should move their vehicles before hand. His street was swept recently without the use of the sign and his car was still parked in front of his home. He questioned whether the Borough has changed the policy regarding the placement of the notification sign.

Councilwoman Wenzel stated that the policy has not changed to her knowledge but she will check with the Superintendent and let you know.

Mayor LaCicero stated that he believes that the policy still exists but they were just trying to take care of the cleanup from the northeast storm.

Peter Sturm, Virginia Avenue applauded Joanne LaCicero for all her help with the numerous donations to the Popcorn Park Zoo.

Mayor LaCicero stated that this is something she does every year and she does do a pretty good job. I will let her know of your appreciation.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilwoman Wenzel stated that flu shots will be given on October 13, 2009 from 1pm to 3pm at the First Aid Building. There is a Hazardous Waste drop off site at Point Peasant Beach on Friday, October 23^rd if anyone is interested. The garbage schedule will switch to the winter schedule on October 19^th and that will be garbage and recycling on one day for entire town. Also, bulk item pickup will be on October 19^th as well. Our dock on Bay Boulevard is in the process of being repaired by our temporary boardwalk laborers. We have very clever employees who transformed a Hobie Cat into a floating dock to make it easier for them to do the repairs. The water was very cold so this helped them a lot.

Councilman Stogdill thanked Clem Boyers for being the test case for the new auto pay for payments of utilities and taxes. This is going to save time and money to the residents and also the employees downstairs.

EXECUTIVE SESSION:

There was no Executive Session.

ADJOURNMENT:

A Motion was made by Councilwoman Wenzel to adjourn the Caucus/Regular Meeting. The Motion was seconded by Councilman Horan. Vote: All of Council was in Favor. The Motion Passed. The Caucus/Regular Meeting was adjourned at 8:12 pm.

CERTIFICATION

I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey, does hereby attest these to be a true copy of the minutes from the Caucus/Regular Meeting held on the 5^th day of October 2009.

__________________________________

Christopher F. Parlow

Municipal Clerk

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, September 28, 2009– 7:00 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding

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

Councilwoman Filippone was not present.

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

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

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

MAYOR’S WELCOMING STATEMENT: At this time, the Mayor asked if anyone in the audience wished to speak on any issues that were 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 anyone in the audience who wished to speak on any issues that were not listed on the agenda or could not stay for the remainder of the meeting.

There was no public comment.

APPROVAL OF CLERK’S MINUTES:

Caucus/Regular Meeting of September 14, 2009

Executive Session Meeting of September 14, 2009

Bid Opening Minutes of September 17, 2009

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

RESOLUTIONS – ON CONSENT:

2009-230 approving a Bingo License for the Rosary Altar Society of St. Pio of Pietrelcina to hold their Bingo Games for 2010 at their Parish Hall throughout the year.

2009-231 approving the appointments of temporary laborers at an hourly rate of $10.00 for a period commencing September 21, 2009 through December 31, 2009

Mayor LaCicero opened the floor to anyone in the audience who wished to comment on the Consent Agenda.

There was no 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, Lamb, Stogdill and Horan voted Yes. The Motion passed.

RESOLUTIONS-OFF CONSENT:

2009-232 awarding a contract to Earle Asphalt Company, for Road Improvements to Bond and Kerr Avenues in the amount of $131,113,13

Mr. Parlow stated that the Borough received a grant for $155,000 for road improvements to Bond Avenue. The estimates were so low that we were able to add the middle block of Kerr Avenue to the project. The lowest bidder was Earle Asphalt. The bid came in so low that the Borough Engineer has recommended that we add the lower portion of Kerr Avenue, between Route 35 South and Bay Boulevard to the project.

Councilwoman Wenzel stated that she was present at the bid opening and they are very competitive. There were five bidders there and we received a lot of different prices with Earle Asphalt being very low. She stated that we would not be able to receive a grant for that section of Kerr Avenue because it is so short in size so this works out for everyone.

Council President Zalom stated that this will also take care of the sump pump problems over there.

Mayor LaCicero opened the floor to anyone in the audience who wished to comment on Resolution 2009-232.

Clem Boyers, 20 Kerr Avenue stated that the portion of Kerr Avenue by Bay Boulevard is the worst portion of the road. It definitely needs to be taken care of.

Judy Heim, 100 Bond Avenue questioned when the Bond Avenue section would begin.

Mr. Parlow stated that we are hoping to start within two weeks and hopefully have it completed before the start of winter.

Councilwoman Wenzel stated that the company does notify the homeowners when they are going to start the work.

There were no other comments.

A Motion was made Councilwoman Wenzel to approve Resolution No. 2009-232. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed.

2009-233 awarding a contract for the purchase of a 2010 or Newer Trailer Mounted 700 Gallon Mobile Sewer Jet Cleaning Machine to Jet-Vac, Inc. in the amount of $48,828.00

Mr. Parlow stated that Sewer Jet is being purchased through un-used grant proceeds from the Sewer Infiltration Program. The Public Works Department needs Sewer Jet for a cleaning of sanitary sewer lines. The Borough has had to either rent or borrow one from other towns in the past.

Mayor LaCicero opened the floor to anyone in the audience who wished to comment on Resolution 2009-233.

There was no public comment.

A Motion was made by Councilwoman Wenzel to approve Resolution No. 2009-233. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed.

APPROVAL OF VOUCHERS

2009-234 Bills List in the amount of $371,752.68

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 and Horan voted Yes. The Motion passed.

ORDINANCES ON FOR INTRODUCTION/FIRST READING

ORDINANCE NO. 2009-14 (1068) ORDINANCE AMENDING, REVISING AND SUPPLEMENTING CHAPTER 89 OF THE BOROUGH CODE, ENTITLED “VEHICLES AND TRAFFIC”, TO ADD A NEW ARTICLE X ENTITLED “MOTOR VEHICLE STORAGE”

Mr. Parlow stated that the Police Department expressed some difficulty with abandoned vehicles on properties in town. The existing code is inadequate and currently is found in the Littering Ordinance. The ordinance has been updated and placed into the “Vehicles and Traffic” Chapter.

Councilman Lamb questioned if it was removed or just misplaced.

Mr. Parlow stated that it was in the Code Book just in the wrong Chapter.

A Motion was made by Council President Zalom to introduce Ordinance No. 2009-14 (1067). 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 is scheduled for the Meeting of October 19, 2009

ORDINANCES ON FOR FINAL ADOPTION/SECOND READING

BOND ORDINANCE 2009-12 (1065) BOND ORDINANCE PROVIDING FOR THE GRAND CENTRAL AVENUE SIDEWALK BEAUTIFICATION PROJECT, AND APPROPRIATING $600,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $112,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY

A Motion was made by Council President Zalom to adopt Bond Ordinance 2009-12 (1065). The Motion was seconded by Councilman Horan.

Mayor LaCicero opened the Public Hearing and asked if anyone in the audience wished to comment on Bond Ordinance 2009-12 (1065). No one in the audience wished to comment on the Bond Ordinance. The Mayor closed the Public Hearing and asked Council for a vote.

Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed.

BOND ORDINANCE 2009-13 (1066) BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A BUCKET TRUCK FOR THE ELECTRIC UTILITY, AND APPROPRIATING $100,000, THEREFOR AND AUTHORIZING THE ISSUANCE OF $95,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, COUNTY OF OCEAN, STATE OF NEW JERSEY

A Motion was made by Council President Zalom to adopt Bond Ordinance 2009-13 (1066). The Motion was seconded by Councilman Horan.

Mayor LaCicero opened the Public Hearing and asked if anyone in the audience wished to comment on Bond Ordinance 2009-13 (1066). No one in the audience wished to comment on Bond Ordinance 2009-13 (1066). The Mayor closed the Public Hearing and asked Council for a vote.

Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion Passed.

Mr. Parlow asked if he could get an approval from Council to go out to bid for the bucket truck.

A Motion was made by Council President Zalom that the Administrator/Clerk is authorized to go out to bid for the bucket truck. The Motion was seconded by Councilman Horan. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Horan voted Yes. The Motion passed.

UNFINISHED BUSINESS:

Beach Operations-Salaries & Wages-Councilman Lamb stated that the salaries were pretty tight this year. Lifeguard salaries are definitely an issue that needs to be addressed with close to $30,000 total increase from 2008. We are definitely going to need to tighten this up for next year.

Mr. Parlow stated that the checkers as well as the supervisor did a phenomenal job this season with salaries and enforcement. We also need to understand that it was an eleven week season this year compared to the usual ten weeks so we have that whole extra week in salaries.

Council President Zalom stated that she thinks that the beach staff as a whole did a great job this year.

NEW BUSINESS:

Council President Zalom stated that the new flyers for the Halloween Harvest Hoedown are out. We hope we have a great day for it. Also, she wanted to express that we are not going to be taking away any crosswalks in town. We are trying to make the highway as safe as possible and street lights are safer than crosswalks.

Mayor LaCicero stated that it seems to be that the crosswalks in town have become more of a safety hazard than anything else.

Councilwoman Wenzel stated that this needs to be clarified when we have our meeting with the DOT. These things need to be clarified before the projects start.

Mr. Parlow stated that the kickoff meeting for the Sidewalk Beautification Project is scheduled for October 7^th with the DOT.

COMMENTS FROM THE PUBLIC:

Peter Sturm, Virginia Avenue stated that the bicycle problem needs to definitely be incorporated with the vehicle and crosswalk problem also. We need to make sure within these two projects that the bicycle issue is rectified as well.

Lach Cameron, 116 President Avenue questioned if Council sends information to newspapers that is not discussed at meetings.

Mayor LaCicero stated that usually items that are in the newspaper are discussed during the public meetings.

Mr. Cameron stated that he never heard anything about people going to prison if they do not recycle correctly but yet it was in the Ocean Star.

Councilwoman Wenzel stated that on the last meeting agenda there was a draft ordinance with revisions to the Solid Waste Ordinance; Chapter 55. Within the revisions the ordinance deals with the management of recycling and garbage by residents in town.

Mr. Parlow stated that the draft ordinance was included in everyone’s packet at the last meeting including the newspaper and public packets. Within most Borough ordinances or Chapters in the code book there are Violations and Penalty sections. It is a State Law that everyone needs to abide by the Recycling and Garbage laws.

Clem Boyers, 20 Kerr Avenue stated that this is just updating the ordinance we still have to recycle the proper way.

Councilwoman Wenzel stated that was correct. The State is requiring all municipalities to update a number of items within the Solid Waste Ordinance that is already in the Code Book.

Bill Kinney, 23 Philadelphia Avenue asked if Councilman Lamb could read the salaries for the beach staff again.

Councilman Lamb stated that the badge office staff salaries went down $2,500, the checkers went up $500 and the lifeguards are up $30,000. We also made an extra $50,000 in revenue.

Council President Zalom stated that we have a lot of people that come back every year. How much do they get in raises?

Councilman Lamb stated that they only get 25 cents a year raise.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilman Stogdill stated that from November 10^th through December 10^th you will be able to purchase beach badges for next year. We will present you with a gift certificate so when the badges come out next year you can just present this pre-paid certificate at the badge office and receive your badges. The certificate will have a serial number so that it can be replaced if lost. The application will be available on the website.

Councilwoman Wenzel questioned whether they will be non-refundable like the badges?

Mayor LaCicero stated that if they lose the certificate we will be able to track the number to still give them their badges but they can not return the certificate and get their money back. Once certificate is purchased there will be no refunds.

Council President Zalom stated that the October events calendar is available. Nick Zegar, the Eagle Scout who thought of the dog waste receptacles said that a lot of people are using them and he already had to replace the bags. There are a total of seven stations around town. There will be dodge ball again at the school. The Bocce Ball Tournament was a big hit and it was in memory of Vincent Marrone. Thanks to Tony Gallo and Public Works for all their help with that. The flu shots will be on October 13^th at the First Aid. Adopt-A-Highway will be held on October 17^th and the Fall Beach Sweeps is going to be on September 24^th.

Bill Kinney, 23 Philadelphia Avenue questioned if these were the standard flu shots or the H1N1 flu shots?

Councilwoman Wenzel stated that these are the standard flu shots but there has been no notification from the Health Department as to when the H1N1 shots will be available.

EXECUTIVE SESSION:

Mr. George stated that there is a need to go into Executive Session to give updates on contractual matters and Stanton Litigation. There may be action taken afterwards.

A Motion was made by Councilwoman Wenzel to Adjourn the Regular Meeting to go into Executive Session. The Motion was seconded by Council President Zalom. Vote: All of Council was in Favor. The Motion Passed. The Regular Meeting was adjourned to Executive Session at 7:44pm.

A Motion was made by Council President Zalom to reconvene the Regular Meeting. The Motion was seconded by Councilman Stogdill. Vote: All of Council was in Favor. The Regular Meeting Reconvened at 7:55 pm.

Mr. George stated that in Executive Session the Mayor and Council discussed the status of an Interlocal Agreement with Seaside Park with no action taken. Also discussed was the status of the Stanton Litigation with some possible authorization of a resolution being required for the settlement negotiations with no action being taken at this time.

ADJOURNMENT:

A Motion was made by Councilman Horan to adjourn the Regular Meeting. The Motion was seconded by Councilwoman Wenzel. Vote: All of Council was in Favor. The Motion passed.

The Meeting was adjourned at 7:55 pm

CERTIFICATION

I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey does hereby attest these to be a true copy of the Minutes from the Regular Meeting of Mayor and Council held on the 28^th day of September 2009

________________________________

Christopher F. Parlow

Municipal Clerk

BID OPENING

2010 OR NEWER TRAILER MOUNTED 700 GALLON

MOBILE SEWER JET CLEANING MACHINE

MINUTES

BOROUGH OF LAVALLETTE (MINUTES)

Thursday, September 17, 2009-10:00 am

Present: Christopher F. Parlow, Administrator/Municipal Clerk

Donnelly Amico, Deputy Municipal Clerk

Mr. Parlow closed the bid opening at 10:00 am. There were two people in the audience. He stated that we only received one bid. He opened the bid and read aloud.

Bidder Bid Amount

Jet-Vac, Inc. BRC Received

15 Taylor Road $48,828.00

Wharton, NJ 07885

Mr. Parlow stated that he was going to give copies to the Public Works Supt. and the Borough Attorney. If there are no problems, we will award the contract at our next Borough Meeting held on September 28, 2009. Mr. Parlow closed the Bid Opening at 10:04 am.

CERTIFICATION

I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey does hereby attest these to be a true copy of the Minutes of the Bid Opening held on the 17^th day of September 2009

______________________________

Christopher F. Parlow

Municipal Clerk

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, September 14, 2009 – 7:00 pm

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

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

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

Council President Zalom stated that last Friday, September 11^th was Patriot Day. The Borough of Lavallette has plaques with the names of residents and family members of residents who periled on September 11^th. She also reported that today is the 195^th birthday of the Star Spangled Banner.

A Motion was made by Councilwoman Filippone to pull Resolution No. 2009-228 off the consent agenda and vote on it now. She stated that Patrolman Schierer has his family here and she would like him to be sworn in before the rest of the meeting. The Motion was seconded by Councilman Horan. All of Council was in Favor. The Motion Passed.

Resolution 2009-228 appointing Thomas Schierer to the permanent position of Police Sergeant for the Lavallette Police Department

A Motion was made by Councilwoman Filippone to approve Resolution 2009-228. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion Passed.

Sergeant Thomas Schierer took the Oath of Office and was sworn in by Mayor LaCicero while his father held the Bible.

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

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.

Joy Grosko, 13 Camden Avenue thanked Mayor and Council and Mr. Parlow for all their help with Heritage Day. She stated that it was so much fun. She thanked Councilwoman Wenzel for all her help with the revealing of the Clam. Mary Jo Austin did a beautiful job with the painting of the clam. Also, thanks to the Environmental Committee for making this happen.

PUBLIC HEARING: PURCHASE OF A VEHICLE FOR THE FIRE CHIEF

Fire Chief Peter Scott stated that the Fire Department is looking to lease a new 2009 Ford Expedition. The lease company is Blue Line Lighting which is used frequently by other Fire Departments. In order to lease the vehicle it needs to be run through the Borough of Lavallette but the payments will be paid through the budget of the Lavallette Volunteer Fire Company No. 1 and will not be paid with Borough funds.

Mr. George stated that one of the stipulations was that a public hearing needs to be done.

Councilwoman Wenzel questioned what the vehicle would be used for.

Chief Scott stated that the Chief is required to have his own vehicle with numerous items of equipment. He is the one who should be on scene first with the vehicle and equipment

Councilwoman Wenzel stated that it is like a mobile command unit.

Chief Scott stated that it was exactly that.

Councilman Lamb questioned what would happen to the old vehicle.

Chief Scott stated that he believes that the old vehicle would remain for Fire Department use also.

Mr. Parlow stated that as per Section 147(f) of the Internal Revenue Code a public hearing must be held to approve the financing. One of the conditions required is an execution of an Acknowledgement and Written Agreement by the Mayor, which needs Council authorization.

Mayor LaCicero asked the Administrator if a resolution is needed after the close of the public hearing and if so could the Council approve it tonight..

Mr. Parlow stated that a resolution is required and that one could be prepared.

Councilwoman Wenzel questioned if this vehicle would also use municipal gasoline?

Chief Scott stated that he is a firefighter in South Orange and he will not be using the Fire vehicle to go to work. It can only be used locally or within the County; therefore, it should not use much gasoline.

Mayor LaCicero opened the floor to the public and asked if anyone in the audience wished to comment.

Jim Borowski, 141 Newark Avenue stated that in the Fire Department Bi-Laws it clearly states that the Fire Chief’s vehicle must stay within a 25 mile radius unless going to an out of town or County fire emergency.

Mayor LaCicero closed the public hearing.

APPROVAL OF CLERK’S MINUTES

Regular Minutes of August 17, 2009

Executive Session Minutes August 17, 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, Horan and Filippone voted Yes. The Motion Passed.

REPORTS:

a) Police Report for August-Councilwoman Filippone-read report

b) Planning Board Report for August-Councilwoman Filippone-There was one case

that was carried over to the next meeting. The case involves a site plan review

for development of a lot on Grand Central Avenue.

c) Animal Control Report for August-Councilwoman Filippone-read report

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

Councilwoman Wenzel questioned whether the vacancy in the Court has been filled

as of yet. Councilwoman Filippone stated that the Court Administrator is in the

process of going over the applications and they will start interviews soon.

e) Public Affairs Report for August-Council President Zalom-All summer events went

well. Keep an eye out for two bus trips to culinary institutes coming soon. Bocce

Ball Tournament is on September 20^th. Fall Beach Sweeps is on October 24^th.

She thanked Public Works for their assistance with the Eagle Scout Project that is

finally complete. The next dune grass planting will be held on November 7^th.

f) Beach Badge Sales for August-Councilman Lamb-read report-Mayor LaCicero

questioned whether we had the labor costs? Mr. Parlow stated the last payroll was

just this past Friday but he will get those figures for the next meeting. Mayor

LaCicero thanked Councilman Lamb for also getting out there and checking badges

himself. Councilwoman Wenzel stated that she could not believe the big jump in

daily badges.

g) Construction Report for August-Councilwoman Filippone-read report

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

i) Tax Account Status Report for August-Tax Collector

j) Revenue Transaction Report for July-Chief Financial Officer

k) Report of Bond Anticipation Note Sale-Chief Financial Officer

l) Budget Report for July-Chief Financial Officer

m) Water Report for January through June 2009-Councilman Horan-read report-He

stated that with our electric contract there is already a reduction by $12,000 even

with the rate reduction. Councilwoman Wenzel asked that we send a letter of thanks

to Roger Martin for all his time and effort with these reports. Mayor LaCicero

suggested a Proclamation. All of Council was in Favor.

A Motion was made by Councilman Stogdill to approve the Reports. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone. The Motion Passed.

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

RESOLUTIONS – ON CONSENT:

2009-221 authorizing Mayor LaCicero to sign and execute the New Jersey Division of State Police Live Scan Initiative Grant Program Agreement and Waiver-Mr. Parlow stated that this is a grant that Chief Grant has applied for and received for a live fingerprint scan in the amount of $20,000.

2009-222 appointing two lifeguards for the 2009 summer season at an hourly

rate of $8.75

2009-223 authorizing the refund of 3^rd quarter tax payment in the amount of $784.86

due to an over payment of taxes on Block 45.02 Lot 20 C01

2009-224 accepting the resignation of Jennifer Krieg and authorizing the payment of

any unused vacation time

2009-225 authorizing an amendment to the 2009 Capital Plan-Mr. Parlow stated that

this is in connection with the Grand Central Avenue Sidewalk

Beautification Project

2009-226 approving application of Stephen J. LaCicero as a probationary member of

the Lavallette Volunteer Fire Company #1

2009-227 approving application of Thomas Harrington as a probationary member of

the Lavallette Volunteer Fire Company #1

2009-228A appointing Michael Tier as a Class II Police Officer at an hourly rate of

$13.00

2009-228B authorizing Mayor Walter LaCicero to execute an acknowledgement and

written agreement and the Borough Administrator to obtain the

appropriate vehicle insurance for the lease/purchase of a fire vehicle for

the Lavallette Volunteer Fire Company #1

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

Mayor LaCicero opened public comment on the consent agenda and the bills list.

There was no public comment.

Mayor LaCicero closed the public comment and called for a vote.

Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion Passed.

RESOLUTIONS-OFF CONSENT:

APPROVAL OF VOUCHERS:

2009-229 Bills List in the amount of $4,342,689.04

A Motion was made by Council President Zalom to approve the Bills List. The Motion was seconded by Councilwoman Wenzel. Vote: Council Members Wenzel and Lamb voted Yes. Council President Zalom abstained on PO #09-04126 and voted Yes to all others. Councilman Stogdill abstained on PO #09-0087009 and voted Yes to all others. Councilman Horan abstained on PO #09-04126 and voted Yes to all others. Councilwoman Filippone abstained on PO #09-04131 and voted Yes to all others. The Motion Passed.

ORDINANCES ON FOR FINAL ADOPTION/SECOND READING

BOND ORDINANCE 2009-11 (1064) BOND ORDINANCE AMENDING IN PART BOND ORDINANCE NO. 2009-05 (1058) ADOPTED ON MARCH 23, 2009, PROVIDING FOR ROAD IMPROVEMENTS TO INCLUDE IMPROVEMENTS TO KERR AVENUE, TO INCREASE THE APPROPRIATION THEREFOR BY $20,000 FOR A TOTAL APPROPRIATION OF $205,000, AND TO INCREASE THE AUTHORIZED BONDS AND NOTES TO BE ISSUED TO FINANCE A PORTION OF THE COSTS THEREOF BY $20,000 FOR A TOTAL DEBT AUTHORIZATION OF $50,000, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY

A Motion was made by Councilwoman Wenzel to adopt Bond Ordinance 2009-11 (1064). The Motion was seconded by Council President Zalom.

Mayor LaCicero opened the Public Hearing on Bond Ordinance 2009-11 (1064) and asked if anyone in the audience wished to comment.

No one wished to comment on Bond Ordinance 2009-11 (1064). He then asked Council if anyone wished to comment on this Bond Ordinance and none of Council wished to speak. The Mayor closed the Public Hearing and then asked for a vote on Bond Ordinance 2009-11 91064)

Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion Passed.

ORDINANCES ON FOR INTRODUCTION/FIRST READING

BOND ORDINANCE 2009-12 (1065) BOND ORDINANCE PROVIDING FOR THE GRAND CENTRAL AVENUE SIDEWALK BEAUTIFICATION PROJECT, AND APPROPRIATING $600,000, THEREFOR AND AUTHORIZING THE ISSUANCE OF $112,000 BONDS AND NOTES TO FINANCE A PORTION OF THE OCSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY

Mayor LaCicero stated that this is for the Grand Central Avenue Sidewalk Beautification Project grant in the amount of $488,000. The Borough will have to put the money out first and then we are reimbursed by the State. The Engineer costs are on us as always.

Mr. Parlow stated that as with other DOT grants we have to raise the money in advance and then we are reimbursed. Once we award the contract, which hopefully will be in the spring of 2010, we will receive 75% of the monies from the DOT up front. The submissions need to be done by January 2, 2010 and the plans need to be approved by March 2010.

Mayor LaCicero questioned what impact this will have on the 2009 budget?

Mr. Parlow stated that there will be no impact on this year’s budget because with DOT grant project there is not longer a requirement to raise the 5% downpayment money.

Councilwoman Wenzel stated that she really is hoping to keep the soft costs down. With the Route 35 Restoration Project being within the same time frame as this project we really need to baby sit these two projects simultaneously.

A Motion was made by Council President Zalom to introduce Bond Ordinance 2009-12 (1065). 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 September 28, 2009.

BOND ORDINANCE 2009-13 (1066) BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A BUCKET TRUCK FOR THE ELECTRIC UTILITY, AND APPROPRIATING $100,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $95,000 BONDS AND NOTES TO FINANCE A PORTION OF THE OCSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY

A Motion was made by Councilman Horan to Introduce Bond Ordinance 2009-13 (1066). The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion Passed.

Public Hearing and Final Adoption is scheduled for September 28, 2009

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Borough of Lavallette v.

Leonard Churchill and John Forman/Received August 24, 2009

b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Appeal of Civil Administrative Penalty Assessment/Received August 31, 2009

c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq/Appeal of Civil Administrative Penalty Assessment/Received August 31, 2009-Councilwoman Wenzel stated that it was comical that the DEP had to ask what a pavilion is? Mr. George stated that he had to inform them that we’ve had them since 1901.

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond Avenue Road Improvements/Received August 6, 2009

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond and Kerr Avenues Road

Improvements/Received August 24, 2009

c) O’Donnell, Stanton & Assoc./Michael O’Donnell/2010 NJDOT Municipal Aid Program/Westmont Avenue Road Improvements/Received August 26, 2009

d) O’Donnell, Stanton & Assoc/Michael O’Donnell/2010 NJDOT Bikeway Program/Route 35 Northbound and Southbound/Received August 26, 2009

e) O’Donnell, Stanton & Assoc/Michael O’Donnell/2010 NJDOT Municipal Aid Program/New Brunswick Avenue Road Improvements/Received August 26, 2009

f) O’Donnell, Stanton & Assoc./Michael O’ Donnell/Grand Central Avenue Sidewalk Beautification Project/Received September 4, 2009

g) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond and Kerr Avenues Road Improvements/Received September 10, 2009

New Jersey League of Municipalities:

a) Actions Relative to Loss of Business Personal Property Tax Revenue/Received

July 31, 2009

b) DEP Discusses Plans to Implement New Site Remediation Reform Act/Received

August 5, 2009

c) Organ Donation and Your Community/Received August 5, 2009

d) A-3508, Enabling Municipalities to Utilize Credit Unions as

Depositories/Received August 5, 2009

e) Process for Filing Consumer Complaints Concerning Banking and

Insurance/Received August 5, 2009

f) Federal Transportation Funding/Received August 6, 2009

g) Temporary Layoff Guidelines for Local Appointing Authorities/Received August

6, 2009

h) Volunteer Background Checks/Received August 6, 2009

i) Special Charity Event for League Members/Received August 10, 2009

j) Hurricane Season/Received August 12, 2009

k) NJ Citizen Corps Receives National Honor/Received August 13, 2009

l) Sustainability and the Obama Stimulus Agenda: Engaging and Connecting with

Government/Received August 14, 2009

m) 2009 League Conference Resolutions/Received August 17, 2009

n) Open Space, Water Supply, Farmland and Historic Preservation Question on

November Ballot/Received August 19, 2009

o) Affordable Housing/Received August 19, 2009

p) New Jersey-Israel Clean Tech Conference/Received August 21, 2009

q) Appellate Division Rules that an Assisted Living Facility Need Not Provide Charity

Care In Order to Qualify for a Real Property Tax Exemption/Received August 21,

2009

r) Important New Information from the Division of Local Government

Services/Received August 24, 2009

s) Two Issues/Received August 26, 2009

t) Risk of Third Party Service Organizations and Ameripay/Received August 31, 2009

u) Delay of Red Flag Rule until November 1, 2009/Received August 31, 2009

v) Washington Watch Federal Update/Received August 31, 2009

w) Prevailing Wage Threshold Change/Received August 31, 2009

x) National Preparedness Month Kick-Off/Received August 31, 2009

y) Invitation for 2009 New Jersey Statewide Cultural Festival/Received September 2,

2009

z) Lame Duck Issues/Received September 8, 2009

aa) Staples Advantage Agreement/Received September 8, 2009

bb) Urgent H1N1 Update/Received September 10, 2009

cc) US EPA Workshop on Brownfield’s Clean-up Grants/Received September 10, 2009

dd) Arts Build Communities/Received September 10, 2009

General With No Action:

a) Cablevision/Adam E. Falk, Vice President/Launch of Jus Punjabi & Trinity

Broadcasting/Received August 3, 2009

b) State of New Jersey/Dept. of Environmental Protection/Nancy Wittenberg, Assistant Commissioner/Recycling Enhancement Act/Received August 3, 2009

c) Ocean County Planning Board/Mark C. Villinger, Senior Planner/Ocean County Natural Lands Trust Fund Status Report/July 2009/Received August 3, 2009

d) Resource Control Corporation/Environmental Professionals/Melanie Pyle, Project Manager/Public Notice/Sunoco Service Station/Received August 6, 2009

e) US Department of Homeland Security/United States Coast Guard/Waverly W. Gregory, Jr., Chief/Public Notice 5-1148/Received August 3, 2009

f) William Daniels/16 ½ Elizabeth Avenue/letter expressing disappointment in the newly painted parking spaces on Elizabeth Avenue/Received August 6, 2009

g) Birdsall Services Group/Environmental Alert/Site Remediation Reform Act and Licensed Site Remediation Professional Program Signed Into Law/Received August 10, 2009

h) Cablevision/Tricia Kaminski, Assistant for Government Affairs in New Jersey/Tariffs/Received August 10, 2009

i) State of New Jersey/Dept. of Environmental Protection/Greg Langan, Compliance Inspector/Green Acres Program/Bayfront Park/Received August 12, 2009

j) Joe Doherty/1115 Lawrence Avenue, Pt. Pleasant/letter expressing disappointment with a parking ticket for not having a parking permit/Received August 12, 2009

k) US Department of Homeland Security/United States Coast Guard/Waverly W. Gregory, Jr., Chief/Public Notice 5-1154/Received August 14, 2009

l) State of New Jersey/Department of Environmental Protection/Barry Chalofsky, Chief/Notice of Draft Permit Actions/Scrap Metal Industrial Storm water General Permit/Vehicle Recycling Industrial Storm Water General Permit/Received August 14, 2009

m) Board of Chosen Freeholders/Ocean County/Gerry P. Little, Freeholder/Lavallette will receive 17, 411 Dune Grass Plants to be picked up on November 6, 2009/Received August 14, 2009

n) State of New Jersey/Department of Transportation/The Borough has been selected to received $488,000 for the Transportation Enhancement Program/Received August 14, 2009

o) Cablevision/Adam E. Falk, Vice President/Channel Moves in New Jersey/Received August 15, 2009

p) Cablevision/Adam E. Falk, Vice President/Launch of Wedding Central/Received

August 18, 2009

q) Cablevision/Adam E. Falk, Vice President/Data Carrier Shut Down and Nickelodeon

Rebranding/Received August 20, 2009

r) George O’Brien/97 Bennington Parkway/Franklin Park, NJ/letter expressing disappointment of receiving a parking ticket while lunching in Lavallette/Received August 20, 2009

s) Ocean County Administrator/Alan W. Avery, Jr./thanking Mayor for his letter expressing concern that the County could no longer provide instructors at fire training facilities other than OC Training Center/Received August 24, 2009

t) Verdin/Time to Purchase a New Clock for our Beautification Project on Grand Central Avenue/Received August 24, 2009

u) John Smith/32 Dickman Drive/letter expressing concern with pedestrians and traffic on Rt. 35 North and South/Received August 26, 2009

v) NJ Dept. of Environmental Protection/Adopt a Beach Fall Cleanup/Saturday September 26^th/Received August 26, 2009

w) Charles J. Schlosser/2202 Bay Blvd/letter of suggestions to alleviate the Borough’s parking problems/

x) State of New Jersey/Office of Homeland Security/Richard L. Canas, Director/Terrorism Awareness and Prevention CD/Received September 1, 2009

y) Cablevision/Tricia Kaminski, Assistant/Tariffs for all Systems/Received September 1, 2009

z) New Jersey Clean Energy Program/Joseph Carlamere/approval of the energy audit reports for the Borough of Lavallette completed by Concord Engineering Group/Received September 4, 2009

aa) Jersey Central Power & Light/Michael J. Filippone, Director/Proposed Economic Stimulus Demand Response and Energy Efficiency Programs/Received September 4, 2009

bb) Resource Control Corporation/Melanie Pyle, Project Manager/Public Notice Ad/Sunoco Service Station/Received September 4, 2009

cc) Island Junior Baseball League/John Wiley, President/letter thanking Public Works and the Geese Patrol for the field being in the best condition this year/Received September 4, 2009

dd) Margaret Denato/20 Oliver Street/Somerset, NJ/thank you letter to the lifeguards for saving her granddaughter from the current taking her out/Received September 8, 2009

ee) Ocean County Library/Judy Macaluso, Librarian/advising of six programs being held on gangs/Received September 8, 2009

ff) United State of America/Federal Energy Regulatory Commission/Notice of Substitution of Counsel for Wisconsin Public Service Corporation/Received September 8, 2009

gg) Ocean County Planning Board/David J. McKeon, Planning Director/informing the Mayor of their 36^th Annual Dinner to be held on October 21, 2009/Invitation to Follow/Received September 8, 2009

hh) Concord Engineering Group, Inc./John A. Marchiafava, P.E./Local Government Energy Audit Program/Final Energy Report/Received September 10, 2009

General With Action:

a) Clean Ocean Action/Tavia Danch, Pollution Prevention Coordinator/requesting to hold their Annual Fall Beach Sweeps on our Beach on Saturday, October 24^th from 9am to 12:30 pm/Received August 3, 2009-Mayor LaCicero stated that this is an annual request and there is no problems.

b) Toms River Youth Soccer Club/Dave Butz, External Vice President/requesting permission to hold their soccer games on our Lavallette ball field on certain Sundays in September, October and November/Received August 12, 2009-Mayor LaCicero stated as long as they provide the proper insurance.

c) Jayne’s Elegant Events/Jane Cammarata, Event Planner/requesting to hold a wedding on the beach on Newark Avenue on October 10, 2009 at 3:00 pm/Received August 14, 2009-Mayor LaCicero stated as long as there are no conflicts not a problem.

d) Philip G. Mylod, Esq./Attorney for Carl Sailer, 100 Guyer Avenue/letter to the Borough requesting Lavallette Code Enforcement enforce the codes at 502 Grand Central Avenue which is the Lavallette Post Office/Received August 14, 2009-Mayor LaCicero stated that it is not necessary to hold a meeting for this situation. This is strictly a code enforcement matter and they should speak with Mr. Remy. Mr. George concurs.

e) Gertner & Riordan, LLC/Ross D. Gertner, Esq/Response letter to Philip Mylod in reference to 100 Guyer Avenue’s complaint on 502 Grand Central Avenue/Lavallette Post Office/Received August 24, 2009

f) John Yard/128 New Brunswick Avenue/letter questioning his recent water bill charges being too high/Received August 17, 2009-Mr. Parlow stated that he sent the Yards a letter.

g) James Donohue/106 New Jersey Avenue/requesting Mayor and Council to restrict smoking to certain beaches in Lavallette/Received August 18, 2009

h) Jennifer Lyn Kotza/requesting to hold a wedding ceremony on the beach located on New Jersey Avenue on September 19, 2009 at 4:00 pm/Received August 20, 2009-Mayor LaCicero stated as long as there are no conflicts.

i) APWA/American Public Works Association/requesting the Mayor nominate an employee for this award/Received August 20, 2009-Councilwoman Wenzel stated it has expired for this year but we will look into for next year.

j) Ocean County Planning Board/Stacey A. Perrine, Assistant Planner/Municipal Ordinances needed for County Wastewater Management Plan/Received August 20, 2009-Mr. Parlow stated that he will discuss this with the Borough Engineer

k) Board of Chosen Freeholders/Ocean County/Gerry P. Little, Freeholder/extending an invitation to the Mayor to their Sept. 11 Memorial Ceremony/Received August 24, 2009

l) Charles Schlosser/2202 Bay Blvd/requesting the Mayor and Council’s proposal on the deterioration of the Barnegat Bay/Received August 25, 2009-Mayor LaCicero asked Councilwoman Wenzel if she could take care of this and put him in touch with Re-Clam the Bay.

m) Joan Lurie/letter requesting replacement of beach badges as they were swept away by an errant wave/Received August 27, 2009-Mr. Parlow stated we have a policy.

n) Mr. & Mrs. Thomas Ryan/2 Orchard Knoll Court/New Paltz, NY/letter requesting a refund on beach badges/Received August 31, 2009-Mr. Parlow stated that we have a policy and can not break it.

o) State of New Jersey/Dept. of Environmental Protection/Michael V. D’Errico, Supervisor/requesting the Mayor attend this year’s NJ Shade Tree Federation annual meeting on October 23^rd and 24^th/eligible for a $3,000 grant/Received September 1, 2009

p) Jersey Shore Multi Sport/Christopher Wilcox, Managing Member/requesting to hold their 2^nd annual Lava Man Race on June 20, 2010/Received September 2, 2009-Mayor LaCicero stated that we will hold this until the first meeting in October.

q) Jersey Shore Multi Sport/Christopher Wilcox, Managing Member/requesting to hold a Memorial Day Swim Event, 2010/Received September 2, 2009-Mayor LaCicero stated that we will hold this until the first meeting in October.

r) Southern New Jersey Development Council/Marlene Z. Asselta, President/requesting the Mayor’s attendance to the 49^th Annual Distinguished Achievement Awards Reception on September 23, 2009/Received September 8, 2009-Mayor stated that he can not attend this meeting.

s) Ocean County Columbus Day Parade Committee/Michael A. Blandina, Parade Chairman/requesting Mayor and Council’s participation in the Columbus Day Parade on October 11, 2009/Received September 8, 2009-Mayor stated that he will probably be attending this parade.

t) Nicole I. Apice/requesting to have her engagement pictures taken on our bay beach without use of the gazebo on October 11, 2009/Received September 8, 2009-Mayor LaCicero stated that this is not a problem as long as she doesn’t use the gazebo.

UNFINISHED BUSINESS:

Councilwoman Wenzel – She stated that some time ago we purchased materials for the Reese Avenue dock and we have been holding onto the materials. She would like permission from Council to hire a number of temporary laborers to complete the project quickly. We already have some applications for the laborer position so we could pick from those.

All of Council was in Favor.

NEW BUSINESS:

2010 Census Update-Councilman Stogdill – He stated that representatives from the Census Bureau are would like to make a presentation at the first meeting in October to discuss the up and coming census. They will be going over some questions that might be asked between October and March

Draft-Revised Solid Waste Ordinance-Mr. Parlow stated that in the packets for Council he included a red-line version of the revised solid waste ordinance but it is only a draft. He stated that Council should look it over. He advised them that he had several meetings with Public Works to put the revisions together. As long as Council agrees with the draft he would like to prepare the Introduction at the first meeting in October.

COMMENTS FROM THE PUBLIC:

Lach Cameron, 115 President Avenue stated that he is very concerned about the bicycle issue in town. He feels that this year has been the worst yet. We are going to have a tragedy on our hands if something drastic is not done. Maybe we need to write to the State Police and request them to develop a program that we could execute.

Mayor LaCicero stated that maybe we should have the Chief speak to the State Police about developing some type of program to follow.

Councilwoman Filippone stated that a child in Bay Head was killed riding on the handle bars of a bicycle without a helmet. Now the Bay Head Police Department has a no tolerance policy with following the rules of bicycling including helmets, riding with traffic and no riding on the handle bars. She believes that we should also crack down the bicyclists and ticket them for not following the rules.

Council President Zalom stated that years ago, in the Route 35 North and South plans we had a bicycle path and we have also discussed a bike path at our Bike Committee Meetings. Maybe we need to look into this further and see if we can fix the problem.

Judy Farfalla, 15 Bond Avenue stated that she agrees that the bicycles are a big problem in this town. She believes that if the police department started ticketing every bicyclist who is breaking the laws for any reason it will truly make a difference. That seems to be the only answer.

Bill Kinney, 23 Philadelphia Avenue stated that Anita’s idea for the bike path on 35 North & South is a great idea but the Police will still have to enforce the problems.

Jim Borowski, 141 Newark Avenue stated that maybe we should put a sign in the Beach Badge office stating that thousands of bicyclists were ticketed last year for not following the bike rules it might make a difference. Secondly, he believes that Tom Schierer is an asset to the community and he is very pleased he is now a Sergeant. Also, he would like to thank Mrs. Grosko for allowing the first aid and fire departments to run the beer garden this year. Lastly, he would like to state his feelings about all the events that are allowed to be on the bay front throughout the summer months. The Save Barnegat Bay 8K Run is a spectacular event but has become a monster and that is just one of the events held there. It has become very inconvenient to the residents down there who pay taxes and can not even get out of their driveways. He think that for next year we should consider being a little bit more cautious with the amount of events that we allow to take place down there.

Mr. Borowski stated that he was also concerned about how we are going to run both projects on 35 North and South without having one interfering with the work performed in the other project.

Mayor LaCicero stated that we are going to have to schedule lots of meetings for both projects. Our main concern is if we use the Belgium block for the curbing is the DOT then going to come through and rip it all up. Maybe we need to think about not using the Belgium block and letting the DOT put the curbs in for us.

Mr. Parlow stated that there definitely needs to be a marriage between the two projects.

Peter Scott, 1105 Bay Blvd questioned when the town was going to clean up the bay front by the T-dock and along the shoreline itself.

Mr. Parlow stated that the bay front is cleaned up every year. The items Mr. Scott mentioned are buried underneath the ground and it would take certain equipment to remove them.

Mr. Scott questioned why we can not put some type of retaining wall to make it look nice.

Mayor LaCicero stated that the State required the Borough to move the revetment further east and bury under the sand so technically there is nothing we can do.

Councilwoman Wenzel stated that she will have Public Works go check and see if there are any dangerous situations over there and remove whatever they can.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilwoman Wenzel – She stated that the Flu Clinic is going to be held on October 13^th from 1 pm to 3 pm at the First Aid Building. The Board of Health is requesting everyone get flu shots this year, as well as, the H1N1 Virus shots. Those are probably going to be available in October. Also, the Hazardous Waste Disposal site is going to be in Pt. Pleasant Beach on October 23^rd from 11am to 5 pm.

Councilwoman Wenzel stated that there was a letter to the editor about Mayor and Council generating a letter about crosswalks on Rt. 35 North. She stated that she does not remember Council speaking about generating a letter.

Councilman Lamb stated that we talked about the crosswalks but never about generating any kind of letter.

Mayor LaCicero stated that the discussion was that on the DOT plans there were a lot of crosswalks going in and maybe we needed to have a meeting with them to sit down and review the plans.

Councilwoman Wenzel – She stated that she was very pleased with the art work on the clam and she is very excited about the Borough displaying it in front of the Welcome Center for all to see. Already, Bay Head has called me about how they go about getting a clam.

Councilwoman Filippone – She stated that there is a continuing problem with the cleanup after weddings at the gazebo not to mention the problem with groups of people using the area to have group picnics. She feels that maybe we should be taking some type of deposit from the wedding people for cleanup.

Mr. George stated that our Ordinance is to pay for the gazebo only nothing else.

Mr. Parlow stated that the picnicking and the weddings are two separate issues. If we take a deposit for the weddings for cleanups that is not going to stop the groups from picnicking. This is the first time he has heard that there is a problem with cleanups after wedding ceremonies.

Councilwoman Wenzel stated that the gazebo is a favorite place for all. We have a lot of employees in the summer that could help with cleanup we just need to get some type of coordination in place. As far as the picnicking we have badge checkers and lifeguards down at the bay beach that can help with that also. If they see the picnicking groups they should contact the police. She is not adverse to the deposit idea but we should try different avenues first.

Council President Zalom stated that on October 17^th Rutgers is having a class on going green if anyone is interested.

Mayor LaCicero stated that the many events down on the bay front have become a problem. Maybe we need to only allow the non for profit organizations. However, that will also not allow the soccer clinics and the surf school so maybe we should think about this further.

Councilwoman Wenzel stated that if we are going to only allow the non for profit we should require them to show their documents when they apply.

Mr. George stated that every not for profit organization should have their legal status.

EXECUTIVE SESSION:

Councilwoman Filippone read a statement in reference an Interlocal Agreement with Seaside Park with our Construction Department. She requested that the subject needs to be discussed ii executive session. (A copy of the statement is attached to these minutes)

Mr. George stated that in Executive Session we will be discussing a possible Interlocal Agreement with Seaside Park for Construction Services and Dispatcher Union Contract. There may be action taken afterwards.

A Motion was made by Council President Zalom to adjourn the Meeting to go into Executive Session. The Motion was seconded by Councilwoman Wenzel. Vote: All of Council was in Favor. The Motion Passed. The Caucus/Regular Meeting was adjourned for Executive Session at 8:55 pm.

A Motion was made by Councilman Horan to resume the Caucus/Regular Meeting. The Motion was seconded by Councilwoman Filippone. Vote: All of Council was in Favor. The Motion Passed. The Caucus/Regular Meeting resumed at 9:20 pm.

Mr. George stated that in Executive Session there were two matters discussed. One was a possible Interlocal Agreement for Construction Services with Seaside Park and the other was the Dispatcher Contract and the length of the contract. There is some action that needs to be taken

A Motion was made by Councilwoman Wenzel to authorize the Attorney and Administrator to draft an Interlocal Service Agreement with the Borough of Seaside Park for UCC Services. 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 Councilman Stogdill to Adjourn the Meeting. The Motion was Seconded by Councilman Horan. Vote: All of Council was in Favor. The Motion Passed. The Meeting was Adjourned at 9:21 pm.

CERTIFICATION

I, Christopher F. Parlow, Municipal Clerk of the Borough of Lavallette, County of Ocean, State of New Jersey, do hereby attest these to be the true minutes of the Regular Meeting of the Mayor and Council held on the 14^th day of September 2009

________________________________

Christopher F. Parlow

Municipal Clerk

BOROUGH OF LAVALLETTE (minutes)

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, August 17, 2009– 7:03 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding

ROLL CALL: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone were present

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

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

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

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

Mayor LaCicero asked if anyone in the audience would like to speak about anything that is not on the agenda or if they cannot stay until the end of the meeting could do so now.

Michael Motsay, 5 President Avenue stated that he rides his bicycle most of the time when he is here. He has been nudged a couple of times from vehicles while riding. It is very congested on the highways for people to ride their bicycles. He believes that after 11:00 am there is not as much traffic on the boardwalk as there is in the mornings. We should consider allowing bicycles up on the boardwalk after 11:00 am for safety reasons.

Mayor LaCicero stated that he appreciated the comments but unfortunately there is not much support from Council or residents for the bicycles being allowed on the boardwalk.

Barbara Porter, 107 President Avenue stated that she rides her bicycle the majority of the time and she rides the wrong way as a safety precaution for herself. She does not think there is any safe place in Lavallette for children to ride their bicycles. She stated that she spends a lot of time on the beach picking up garbage and believes that there should be more receptacles on the beach for garbage with lids attached. She also stated that she received a ticket last week for her car being parked with the rear to the curb. There are no signs posted stating this and maybe this should be rethought. Also, she thinks that dogs should be allowed to run on the beach in the winter months as long as people clean up after them. Lastly, she lives in the middle block between the highways and she has noticed the excessive speed the police cars are doing. Can we try to slow them down a bit?

Mayor LaCicero stated that he lives by the highway also and he suspects that the sppeding police cars are those driven police from surrounding towns and not Lavallette.

Councilwoman Filippone stated that there is a bike route on Bay Boulevard that people can use that is quite safe. The law is that you must ride with the traffic pattern not against it. The rear end parking issue is a State Law under Title 39 and we also have an Ordinance prohibiting it. We are in the process of having the signs posted. As for the excessive speed of the police, she will speak to Chief Grant about it.

Councilwoman Wenzel stated that we use to paint the spaces on an angle but now they are perpendicular in order to have more spaces. She believes that if the spaces were more angled less people would try to back in the spaces. We should consider going back to angle parking on the wider streets.

APPROVAL OF CLERK’S MINUTES:

Caucus/Regular Meeting of August 3, 2009

A Motion was made by Councilwoman Wenzel to approve the Minutes. The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Filippone voted Yes. Councilman Horan abstained. The Motion passed.

RESOLUTIONS – ON CONSENT:

2009-204 authorizing the donation of five new benches from the Lavallette Beautification

Committee

2009-205 accepting and approving the 2008 audit corrective action plan

2009-206 requesting the Division of Local Government Services to approve the insertion of

an item of revenue in the budget year 2009 in the sum of $46,000 as part of the

Community Development Block Grant

2009-207 appointing beach badge checkers for the 2009 summer season-Council President Zalom thanked some of our older residents who signed up to help out with the badge checking

2009-208 appointing Hans Warnebold to the permanent status of Construction Official

2009-209 authorizing execution of the Recycling Center Use and Revenue Sharing Agreement between the Borough of Lavallette and the County Dept. of Solid Waste Management

2009-210 authorizing the cancellation of property taxes in the amount of $8,453.92 for the tax years, 2007, 2008 and 2009 and authorizing the treasurer to refund taxes in the amount of $6,884.21 due to a 100% permanent disability status

2009-211 authorizing the receipt of payment of Taxes and Water, Sewer and Electric Utility Rents through the utilization of electronic fund transfer (ACH)-Councilman Stogdill stated that this is a win win situation for both the employees and residents. It is going to save everyone a lot of time

2009-212 authorizing the Rosary Altar Society of St. Pio of Pietrelcina to hold an On Premise 50/50 Raffle on October 30, 2009 at St. Pio Parish Hall

2009-213 authorizing a public hearing to consider tax-exempt financing for the Lavallette Volunteer Fire Company No. 1 to lease-purchase a vehicle for the Lavallette Fire Department-Councilwoman Filippone stated that the Fire Department would be making the payments and the Borough would not be responsible. Mr. Parlow stated that we would be insuring the vehicle and they would be making the payments.

2009-214 authorizing the Borough Administrator/Municipal Clerk to prepare and submit application for funding through the Ocean County Cultural & Heritage Commission’s 2010 Local Arts Program Grant to provide funding for the Sunday evening concert program-Council President Zalom thanked Mr. Parlow for all his help with this grant

2009-215 authorizing the sale of certain personal property pursuant to N.J.S.A. 40A:11-36-Mr. Parlow stated that this auction will take place on September 2, 2009

2009-216 authorizing Mayor Walter LaCicero to sign and execute the 2009 CDBG agreement with the OC Planning Board for handicap beach access to Jersey City and Brown Avenues and Bay Blvd.-Council President Zalom stated that she was very happy about this and we received $46,000 which is more than we were supposed to receive.

2009-217 certifying to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, at a minimum, the sections of the annual audit entitled “comments and recommendations”

2009-218 establishing a standard for the painting of parking stalls on Borough streets-Councilwoman Filippone questioned if we decided to go with the angle parking instead would we have to redo this resolution. Mr. Parlow stated that this resolution can be changed even after it is adopted. Keep in mind that we will lose spaces if we do the angle parking.

2009-219 authorizing the tax collector to refund the credit balance in the amount of

$2,795.32 to L. Churchill of 82 Ocean Front due to a successful tax appeal on

their 2009 property taxes

2009-219A authorizing Lawrence Jovanovic and Andrew Harchetts to attend the Ocean

County Police Academy for Class II training at an hourly rate of $7.25

commencing September 2, 2009

2009-219B authorizing the advertisement and receive bids for the purchase of a Trailer Mounted Mobile Sewer Jet Cleaning Machine.

2009-219C appointing lifeguards for the 2009 summer season

2009-219D authorizing the Mayor to sign and execute the 2009 Ocean County Recycling

Mini-Grant Application

2009-219E authorizing amendments to the 2009 capital budget

Mayor LaCicero opened public comment on the resolutions on-consent and the bills list.

Clem Boyers, 20 Kerr Avenue questioned when the applications would be available for the ACH payments.

Councilman Stogdill stated that they will be available downstairs in the Administration office.

Mr. Boyers stated that when the Parking Committee discussed the angle parking they figured out that the town would lose three spaces per street. Also, Mr. Parlow did a great job with the dimensions on the parking.

Joe Palinsky, 122 Washington Avenue stated that he is not happy with the new benches up at the boardwalk. They are very uncomfortable to sit on.

Mayor LaCicero stated that he believes that there were three different styles up there and the newest ones are the ones that people are not happy with.

Councilwoman Wenzel stated that we used to do the concrete molds ourselves at Public Works but it became very costly so we started using a third party. The old distributor went out of business so we started using the only distributor we could find and he was very cheap. I will see if there are other avenues to pursue.

Mayor LaCicero closed public comment.

A Motion was made by Council President Zalom to Approve the Consent Agenda. The Motion was seconded by Councilman Horan. 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

2009-220 Bills List in the amount of $649,322.71

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 INTRODUCTION/FIRST READING

BOND ORDINANCE 2009-11 (1064) BOND ORDINANCE AMENDING IN PART BOND ORDINANCE NO. 2009-05 (1058) ADOPTED ON MARCH 23, 2009, PROVIDING FOR ROAD IMPROVEMENTS TO BOND AVENUE, IN ORDER TO EXPAND THE SCOPE OF IMPROVEMENTS TO INCLUDE IMPROVEMENTS TO KERR AVENUE, TO INCREASE THE APPROPRIATION THEREFOR BY $20,000 FOR A TOTAL APPROPRIATION OF $205,000, AND TO INCREASE THE AUTHORIZED BONDS AND NOTES TO BE ISSUED TO FINANCE A PORTION OF THE COSTS THEREOF BY $20,000 FOR A TOTAL DEBT AUTHORIZATION OF $50,000, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY

A Motion was made by Councilwoman Wenzel to introduce Bond Ordinance 2009-11 (1064). The Motion was seconded by Councilman Stogdill. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

Public Hearing and Final Adoption is scheduled for the meeting of September 14, 2009.

UNFINISHED BUSINESS:

Councilwoman Wenzel stated that she had a meeting with the Lavallette Yacht Club and she believes it was very productive. We agreed to have two more days of garbage pickup there to see if that alleviates the sea gull issue.

Mayor LaCicero stated that he spoke with John Doyle who is the Attorney for Bay Beach Way, he asked Mr. George to provide an update.

Mr. George stated that Toms River Township has filed an appeal with the Supreme Court on this issue. The timeline seems that next week there should be a response from the Courts on this matter. He does not foresee Toms River winning their appeal so he predicted that by the end of September we should start our process of the annexation.

Council President Zalom stated that she is very happy to report that after six years of applying we have finally received the NJDOT Roadway Enhancement Grant in the amount of $488,000 to beautify our B2 district on Grand Central Avenue.

NEW BUSINESS:

Councilwoman Wenzel stated that due to the H1N1 virus of pandemic flu the County Board of Health has moved up our flu clinic to October 13^th and it will be held at the First Aid Squad.

Councilman Lamb stated that he wrote a letter to the editor in the Ocean Star about the two children that were hit by a car because of one lane stopping for them and the other lane not stopping. Something has to be done about this sooner than later. Maybe we have too many crosswalks and need to remove some of them so more people cross at the lights.

Council President Zalom stated that the only legal crosswalks are the ones with the signs with the arrows at the street lights. The ones painted on the streets are not really legal ones that you should stop for.

Councilwoman Wenzel stated that she believes that the plans for the new DOT highway project have crosswalks going on every street. We should probably set up a meeting to look at the plans and discuss what is going to be done before it starts.

Mayor asked Mr. Parlow to arrange a meeting with DOT so we can discuss the project.

COMMENTS FROM THE PUBLIC:

There were no comments from the public.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Council President Zalom stated that Green Acres inspected our Bayfront Park and found no issues with the exception of a sign that needed to be replaced because it was faded.

Mr. Parlow stated that they were very pleased with all the improvements that were done including the landscaping.

Council President Zalom stated there is still a lot going on for residents in town to enjoy. We have Movies on the Bay, Tai Chi and Aerobics so keep on enjoying it. We will have our Fall Beach Sweeps in October and I will be running it again so keep an eye out for that.

Councilwoman Filippone stated that she would like to discuss police personnel in Executive Session.

Councilman Horan stated that there are two street lights with LED lights in them and they are located on Washington Avenue and at the park. If you want you can check them out. They are saving us 25% of energy compared to normal street lights.

Mr. Horan also requested that the Administrator be authorized to bond for a new bucket truck for the electric dept.

Mayor LaCicero questioned whether that was already in the budget?

Mr. Parlow stated that the purchase of a bucket was part of the capital budget.

Councilman Lamb questioned whether we could look for something smaller with the trucks?

Councilman Horan stated that they are asking for a smaller bucket truck already.

All of Council was in Favor of the Administrator going out to bid for a smaller bucket truck.

Councilwoman Wenzel stated that the Bay Head Environmental Committee will be having a guest speaker on August 20^th at 7:30 pm to discuss the liquid natural gas issue if anyone is interested. She also stated that she would like to speak about personnel issues with Public Works in Executive Session.

Councilman Stogdill stated that the Island Junior Baseball League has ended their season this year. Thanks goes out to Public Works and the Geese Patrol for the field being in great shape. Also, thanks to the Police and First Aid for coming so quickly to the aid of a player who needed care.

Councilman Lamb stated that we are $58,000 ahead in beach badge sales this year. Thanks to the entire badge checker staff for working so hard.

Mr. Parlow stated that on the dais are two draft ordinances for review. One is a towing provision for the residential parking permit and the other is motor vehicle storage on private property.

Mayor LaCicero stated that Mrs. Grosko expressed concern about an issue that happened at the gazebo during a wedding that was scheduled and paid for. Maybe we need to fine tune our Ordinance.

Mr. Parlow stated that this was the first incident that we have encountered but we will monitor the situation..

Councilwoman Filippone stated that maybe the police dept. should get a list of the weddings and make themselves present. We also have the off duty account if needed.

Mr. Parlow stated that the Police Department receives notification of all approved use of the gazebo

Mayor LaCicero stated that there are also some problems with picnicking at the gazebo that eventually will need to be addressed.

EXECUTIVE SESSION:

Contractual Matters: Teamster Local 97-White Collar Employees

Dispatchers and Records Clerks

Mr. George stated that in Executive Session some contractual and personnel issues will be discussed with no action being taken.

A Motion was made by Councilman Horan to adjourn the Meeting to go into Executive Session. The Motion was seconded by Councilman Stogdill. All of Council was in favor. The Motion passed. The Meeting was adjourned to Executive Session at 8:11 pm.

A Motion was made to resume the Regular Meeting by Councilwoman Filippone. The Motion was seconded by Councilman Stogdill. All of Council was in Favor. The Motion passed. The Regular Meeting resumed 8:42 pm.

Mr. George stated that in Executive Session the Mayor and Council discussed the Dispatchers Unions current proposal as well as setting up a contractual meeting to discuss the new contract for Teamsters 97. We discussed personnel issues in Public Works as far as proposed hiring full and part time and we had discussions about possible hiring off promotional listings. There was no action taken.

ADJOURNMENT:

A Motion was made by Councilwoman Wenzel to adjourn the Regular Meeting. The Motion was seconded by Councilman Stogdill. All of Council was in favor. The Motion passed. The Regular Meeting was adjourned at 8:43 pm.

CERTIFICATION

________________________________

Christopher F. Parlow

Municipal Clerk

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, August 3, 2009 – 7:07 pm

CALL TO ORDER: Mayor Walter G. LaCicero, presiding

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

Councilman Horan was not present.

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

MOMENT OF SILENCE: Mayor LaCicero asked for a Moment of Silence for the troops overseas

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

MAYOR’S WELCOMING STATEMENT:

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

Fran D’Aquila, 124 Brooklyn Avenue-stated that he put in a request for a handicap parking space up at the Ocean and Brooklyn some time ago and was denied. In the meantime, he has been going street to street looking to see where handicap spaces are at the top of the streets. He has spoken to the homeowners on the top of Brooklyn Avenue and asked them if they would not mind if a handicap space was put in front of their house and they said they did not mind at all. Most of them already have driveways for their cars. He stated that if it is a matter of cost, he would cover the costs. He also noticed that some streets do not have handicap spaces at the ocean street ends.

Mayor LaCicero stated that the cost is not a factor; it was the fact that we would lose some regular parking spaces at the street ends but we will look into this again and speak to the homeowners up there. If they seem to be okay with a handicap space in front of their home then we will have no problem.

Mr. Parlow stated that the wide streets have handicap spaces up at the ocean because the streets are wide enough for the space and the garbage trucks to turn around. With the streets that are not as wide, we can not have them interfering with the garbage trucks turning around. He asked that Mr. D’Aquila come to the office tomorrow and give him the names of the neighbors at Brooklyn Avenue who stated that they would not mind if a handicap parking space was located in front of their home.

Bob Marra, 102 President Avenue stated that he paid for a residential parking permit for in front of his house. There is always someone parking in it. He call the police and they give them a ticket but it does not solve the problem for him. He would like to see the vehicles towed but the police said the Ordinance does not provide for that. He would like the Ordinance to provide for the towing of vehicles.

Mayor LaCicero asked Mr. Parlow if we could amend the Ordinance to provide the towing of the vehicle.

Mr. Parlow stated that the he will take care of amending the Ordinance.

PROCLAMATION-HONORING FOUR MEMBERS OF THE FIRE DEPARTMENT FOR FIFTY YEARS OF SERVICE

Mayor LaCicero read a Proclamation that was given to John Frayman, Mike Franzoso and Bob Bradley for fifty years of service to the Lavallette Volunteer Fire Department and the Borough of Lavallette.

APPROVAL OF CLERK’S MINUTES

Regular Minutes of July 20, 2009

Executive Session Minutes July 20, 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. The Motion passed.

REPORTS:

a) Police Report for July-Councilwoman Filippone-read report

b) Planning Board Report for July-Councilwoman Filippone-There was one case on 35 North

c) Animal Control Report for July-Councilwoman Filippone-read report

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

e) Public Affairs Report for July-Council President Zalom-The Skim boarding Contest was a big hit. They had lunch for them and a DJ was there. This will be an annual event from now on. We received so many donations from different businesses and the prizes were given by Billabong. The Breast Cancer Walk was held on August 2^nd and there were more applicants than last year and we raised $70,000 this year. There will be another walk in Pt. Pleasant Beach on October 18^th for those of you who missed ours. Joy Grosko and Donna Franzoso are going to be Clam Diggers of the week from WJRZ. Our artist is almost finished with our clam. Thanks to the Yacht Club for the sail lessons for all our Lavallette kids. The guys won our Lifeguard Tournament this year and the girls tied. The mile ocean swim is going to be this weekend for those who are interested.

f) Beach Badge Sales for July-Councilman Lamb-read report

g) Tax Account Status Report for July-Tax Collector

h) Revenue Transaction Report for June-Chief Financial Officer

Councilwoman Wenzel stated that the new traffic light went up on Elizabeth Avenue and there is also a camera on the light. If a car goes through the red light there is a picture taken. She asked who would receive the revenue from the tickets.

Mayor LaCicero stated that he believes the tickets are mailed by the State.

Mr. Parlow stated that the tickets would be issued under Title 39 so the Borough would not receive the revenue.

Mr. Parlow stated that the Deputy Court Administrator has taken a full time position in Mantoloking Borough so she will be leaving us. The position is going to be advertised in the August 7^th edition of the Ocean Star.

A Motion was made by Council President Zalom to approve the Tax Status and Revenue Reports. The Motion was seconded by Councilwoman Filippone. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill and Filippone voted Yes. The Motion passed.

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

RESOLUTIONS – ON CONSENT:

2009-201 appointing two lifeguards for 2009 summer season beginning July 31, 2009 through September 7, 2009

2009-202 authorizing the modification of vacation leave granted to the Borough Administrator / Municipal Clerk-Council President congratulated Chris on his ten year anniversary.

2009-202A appointing Danielle Halm as a part-time telecommunications officer at an hourly rate

of $10.00

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

RESOLUTIONS-OFF CONSENT:

There were no resolutions off consent.

APPROVAL OF VOUCHERS:

2009-203 Bills List in the amount of $3,132,432.70

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 and Filippone voted Yes. The Motion passed.

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Appeal of Civil Administrative

Penalty Assessment/Received July 7, 2009

b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Appeal of Civil Administrative

Penalty Assessment/Received July 7, 2009

c) Eric M. Bernstein & Assoc., LLC/Philip George, Esq/Approval of Annexation of Bay Beach

Way/Received July 10, 2009

d) Eric M. Bernstein & Assoc., LLC/Philip George, Esq./Request for Opinion Regarding Vending

Regulations Ice Cream Truck Music and Veteran Vendors/Received July 17, 2009

e) Eric M. Bernstein & Assoc., LLC/Philip George, Esq/Appeal of Civil Administrative Penalty

Assessment/Received July 27, 2009

f) Eric M. Bernstein & Assoc., LLC/Philip George, Esq/Appeal of Civil Administrative Penalty

Assessment/Received July 27, 2009

g) Eric M. Bernstein & Assoc., LLC/Philip George, Esq/Appeal of Civil Administrative Penalty

Assessment/Received July 30, 2009

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Kerr Avenue Road Improvements/NJDOT Highway Occupancy Permit/Received July 16, 2009

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Bond Avenue Road Improvements/Received

July 16, 2009-Mayor LaCicero stated that this project came in lower than we expected so we

are going to use the additional funds on some of another block. Mr. Parlow requested authorization to revise the Bond Ordinance and change the appropriations to include the mid block of Kerr Avenue. All of Council was in Favor.

New Jersey League of Municipalities:

a) Local Finance Notice on GASB 45 OPEB/Received June 29, 2009

b) Age-Restricted Conversions, S-2577/A-3772/Received July 6, 2009

c) Important New Information from the Division of Local Government Services/Received July 7,

2009

d) Economic Recovery Update: $4 Billion in ARRA Broadband Grants and Loans

Announced/Received July 9, 2009

e) A Quarterly Report on the Activities of the New Jersey League of Municipalities/Received July

10, 2009

f) Local Government Greenhouse Gas Reduction Grant Program/Received July 10, 2009

g) Terrorism Awareness and Prevention Auto-Run CD/Received July 10, 2009-Mr. Parlow stated

that this is going to be sent to us in cd form and we will forward it to the Chief.

h) NJ Family Care Advertising Campaign/Received July 14, 2009

i) A-3443, Authorizes Set-Asides, Fees In-Lieu for Open Space and Recreation

Purposes/Received July 15, 2009

j) 2010 State Health Benefit Premium Increase to be Approved Next Week/Received July 16,

2009

k) COAH Regional Briefings/Received July 17, 2009

l) Complete Count Committee for 2010 Census/Received July 17, 2009

m) New Jersey Mayor’s Book Club Initiative/Received July 20, 2009

n) 2010 Pension Obligations/Received July 21, 2009

o) State Health Benefits Plan Premium Increase Approved/Received July 22, 2009

p) Five Ways to Spread the Word about the Census/Received July 23, 2009

q) The New Jersey Economic Stimulus Act of 2009/Received July 27, 2009-Mayor LaCicero

stated that the Police Department did not get the stimulus money for this. They commented that there was $1 billion in grants available and they received 83 billion requests.

r) Update on PT-10 Forms and Telecommunications Taxes/Received July 28, 2009

s) Ethics Training Available from NJLM/Received July 29, 2009

t) NJ Mayors Urge Congressional Action on Energy Efficiency and Conservation Block Grant

(EECBG) Provisions/Received July 31, 2009

General With No Action:

a) United States Coast Guard/Waverly W. Gregory, Jr, Chief/Proposed Modification to the

Regulations Governing the Operation of the US Route 9/Beesleys Point Bridge, At Mile 3.5

Across Great Egg Harbor Bay, Between Beesleys Point and Somers Point, NJ/Received July 6,

2009

b) Ocean County Planning Board/Stacy Perrine, Assistant Planner/Ocean County Wastewater

Management Plan Updates/Received July 9, 2009

c) New Jersey Natural Gas/Stephen Rybka, Manager/Variety of Programs/Received July 10, 2009

d) Ocean County Board of Health/Ella Boyd, Public Health Coordinator/Municipal Alliance Request for Funding 2010 Meeting/Received July 13, 2009

e) Emily Gatarz/11 Vance Avenue/expressing gratitude for the boardwalk over the sand dunes at President Avenue/Received July 15, 2009-Mayor LaCicero stated that this was a thank you for the trek walkway down the beach.

f) Bruno Associates, Inc./John Bruno/advising the Mayor that he is Commissioner of the Motion Picture and Television Development Commission/Received July 20, 2009

g) Ann and Patrick Growney/245 Bryn Mawr Avenue/expressing their gratitude to Public Works and Gary Schlosser for their help with a trench in front of their home/Received July 20, 2009-Mayor LaCicero thanked Public Works for this rectifying this problem.

h) Lavallette Parking Committee/Michele Donato, Chairwoman/Report on Recommendations of the Parking Committee/Received July 21, 2009-Councilwoman Filippone questioned whether or not we could establish some type of consistency with the size and width of the parking spaces. There has got to be some type of guideline we can follow. Mr. Parlow stated that the Engineer will be forwarding him a guideline for us to follow with the precise size and distance we should be from driveways so we do not have this problem. He will have a resolution on for the next meeting. Councilwoman Wenzel stated that we should all remember that there are a lot of bigger vehicles now days and we should follow the size of those vehicles as a guide also.

i) Gary Steele for Governor/Gary T. Steele/Beach Walk Event/thanking the Borough and the Police Department for their help/Received July 21, 2009

j) Ocean County Utilities Authority/Keith B. Marcoon, Planning/Metering Engineer/2009 Metered Flow Data/Received July 23, 2009

k) United States Coast Guard/Waverly W. Gregory, Jr., Chief/Removal of the Regulations Governing the Operation of the Route 70 Bridge Across Manasquan River, At Riviera Beach, NJ/Received July 24, 2009

l) New Jersey Natural Gas/Tracey Thayer, Esq., Director/In the Matter Of/Received July 24, 2009

m) Cablevision/Adam Falk, Vice President/Removal of Dual Illumination Premium HD Channels Sci-Fi Rebrand/Received July 24, 2009

n) Thomas Tevlin/13 President Avenue/thanking Mayor and Council for a very patriotic Memorial Day Ceremony/Received July 27, 2009-Council President Zalom stated that he donated a $25.00 check to Recreation for this event next year.

o) Lavallette Yacht Club/Ronald Kiss, Commodore/expressing thanks to the prompt response

from the Lavallette Police Dept. for a kitchen fire/Received July 27, 2009

p) Messina Wildlife Management/Chris Beatty, Community Outreach/Goose Stopper

Program/Received July 28, 2009-Councilwoman Wenzel stated that this is one of the products

we will be looking into for the bay front by the gazebo. Also, the Lavallette Yacht Club has

contacted her to schedule a meeting for discussion on their sound device.

q) US Department of Justice/Andrew A. Dorr, Assistant Director for Grants/COPS Hiring Recovery Program Grant Application

r) Jersey Central Power & Light/Sally J. Cheong, Tariff Activity Lead/Annual Universal Service Fund Compliance Filing/Received July 30, 2009

General With Action:

a) Ocean County Department of Solid Waste Management/Ernest Kuhlwein, Jr./2009 Municipal Recycling Mini Grant Assistance Program/Received July 6, 2009-Councilwoman Wenzel will take care of this. The only thing she needs Mr. Parlow to do is update the Recycling Ordinance. Mr. Parlow stated that he will have it completed for then.

b) Lavallette Elementary School/Debbie Connor/requesting permission for “Hoop Dreamz” to use our basketball courts from July 20^th through the 24^th for their Basketball Summer Camp/Received July 8, 2009-Mayor LaCicero stated this was already approved.

c) Michael Patrick Carroll/Assemblyman-25^th District/137 Princeton Avenue/complaint with their Water/Sewer bill/Received July 8, 2009-Mr. Parlow stated that the Water Department. has researched and does not appear to be a problem with the meter. He has sent Mr. Carroll a letter stating his next step if he chooses is to have his meter pulled and tested. He has not got back to me as of yet.

d) Zachary Hesse/requesting the Borough accept a check for $200.00 for his red sailboat that was impounded/Received July 8, 2009-Mayor LaCicero stated that this is being handled we are just waiting on an auction date.

e) Ocean County Board of Freeholders/Joseph Vicar, Freeholder/Census 2010/Received July 14, 2009-Mayor LaCicero asked Councilman Stogdill to handle this.

f) Mary Heveran, 2202 Grand Central Avenue/requesting the Borough adopt an Ordinance that prohibits the smoking or carrying tobacco products on our beaches/Received July 14, 2009

g) New Jersey Society of Municipal Engineers/J. Timothy Kernan, President/requesting participation in the 2009 Municipal Engineering Project of the Year Awards/Received July 15, 2009-Mayor LaCicero asked Councilman Stogdill to look into this.

h) Dr. & Mrs. V.A. DeMuro/9A Philadelphia Avenue/requesting a handicap parking space in front of his home/Received July 21, 2009-Mayor LaCicero stated that there are already two handicap spaces at the top of the street and two at the bottom of the street so we should not create any additional spaces.

i) State of New Jersey/Department of Environmental Protection/Greg Langan, Compliance Inspector/Green Acres Program/Bay Front Park/Received July 21, 2009-Mr. Parlow stated this is an annual request and will be taken care of.

j) Michael Patrick Carroll/Attorney At Law/137 Princeton Avenue/requesting that his water meter be changed and a credit is made to his water/sewer bill/Received July 28, 2009

k) Leann Salvatore/Charlie’s Farm Market/Normandy Beach/requesting the use of our ball field for an employee softball game on August 17^th or 18^th at 7pm-Mr. Parlow stated that he believes the field is clear for these dates.

l) Robyn Swider/18 Camden Avenue/requesting to hold Alex’s Lemonade Stand on August 10^th from 12 noon to 3pm at Philadelphia Avenue on the boardwalk/Received July 30, 2009-Mayor LaCicero stated that it is on a Monday so it should be okay for a couple of hours.

m) Friends of Lavallette Beautification/Pat Marrone, Chairperson/requesting that the Borough authorize the accepting five new benches on Grand Central Avenue/Received July 30, 2009-Mr. Parlow stated that he will have a resolution for next meeting.

n) Wavejammer Surf Shop/Scott Meredith, Owner/701 Grand Central Avenue/requesting to hold a “Fall Customer Appreciation Weekend” on October 10^th through the 12^th/Received July 31, 2009-Mr. Parlow stated that our Ordinance only provides display sales from April to September not October. He will call Mr. Meredith and see if he could push it up to September.

UNFINISHED BUSINESS:

None Offered

NEW BUSINESS:

None Offered

COMMENTS FROM THE PUBLIC:

There were no comments from the public.

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

Councilman Stogdill stated that there will be a Resolution on for the next meeting for payments to the Borough of Lavallette for utilities and taxes to be debited from your checking accounts through ACH.

Councilwoman Filippone stated that the Chief will be doing an analysis within his department to see what needs to be done as far as the recent retirees and openings in his department.

Councilwoman Wenzel stated that she has received a few complaints in reference to shrubbery and landscaping to the street on some properties that do not have sidewalks which forces the people to walk in the street. She thinks we should look into this issue more with obstructions in public right-of-ways further.

Council President Zalom stated that we need to have the Engineer start the application for the CAFRA Permit for the CDBG project on the beach.

Mr. Parlow stated that he has not seen an award letter from the County for that project as of yet.

Mr. Parlow stated that the Borough has received its billing statements for the month of June for our energy purchases. There was a total amount budgeted for the month of June of $221, 333.00 and the actual cost was $173,659.00. The usage was down and the cost of power was lower as well. He will include this report in the minutes.

ADJOURNMENT:

A Motion was made by Councilwoman Filippone to adjourn the Caucus/Regular Meeting. The Motion was seconded by Councilwoman Wenzel. All of Council was in Favor. The Motion passed. The Meeting was adjourned at 8:22 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 the true minutes of the Regular Meeting of Mayor and Council held on the 3^rd day of August 2009

________________________________

Christopher F. Parlow

Municipal Clerk

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, July 20, 2009– 7:03 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding

ROLL CALL: Council Members Wenzel, Zalom, Stogdill, Horan and Filippone

Councilman Lamb was not present for Roll Call.

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

MOMENT OF SILENCE: Mayor LaCicero requested a Moment of Silence for the soldier taken hostage by the Taliban and asked that we pray for him and his family.

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

MAYOR’S WELCOMING STATEMENT: Mayor thanked everyone for coming to the meeting tonight and stated that if anyone wished to speak about any items that were not on the agenda they could do so now.

Michele Donato, 2202 Ocean Front stated that she had a copy of the Parking Committee’s final report. The re-striping of the parking spaces on Elizabeth Avenue is still being worked on. There seems to be a problem with the idling of the ice cream trucks for a long period of time. She stated that in the State of New Jersey there is a three minute idling law and it should be enforced by the Lavallette Police Department. She has approached these drivers and they have never heard of this law. Maybe handouts about this law should be given to these vendors when they apply for their licenses. She commented that if Lavallette is trying to become a sustainable community than we need to try and stop this idling for long periods of time. There seems to be some issues concerning the geese police and the rules and regulations. One of the rules is that the dogs need to be leashed. She does not leash her dog on the field or the bay front because that would be a lot harder for her to chase the geese. She also thinks the residency requirement should not be an issue and there should be some signs in these areas pertaining to “Registered Geese Patrol Dogs Only”. Lastly, she has spoken with Councilwoman Filippone numerous times about the garbage and recycling issues we have. She feels that there should be stronger enforcement towards people who do not put their garbage in black plastic bags and people who leave bulk items on the curb for days and days and do not pay for them to be picked up.

Councilwoman Filippone stated that she has spoke to the Code Enforcement Department and we have come up with sending some type of flyer out with the tax bill mailing about what you can and ca not do with garbage and recycling.

PRESENTATION:

Save Barnegat Bay-Joe Yewaisis-8K Run-Presenting a Check to the Borough of Lavallette

Mr. Yewaisis stated that the 8K Run Walk was the biggest this year by far with approximately 900 applicants. He would like to publicly thank Chief Grant and Sergeant Lamb for all their help and the Lavallette Police Department, First Aid and Fire Department for all their help. Next year the race will take place on June 26, 2010 and he would like to see if that can be approved tonight.

Mayor LaCicero stated that we need a letter from Save Barnegat Bay requesting that and we will vote on it at one of our meetings officially.

Mr. Yewaisis stated that $3,000 of the 8K Walk were being donated to the Lavallette First Aid, Fire Department and Police Department, each receiving $1,000. He estimated that within the next couple of years this run is going to get larger and if that does happen Save Barnegat Bay will need additional help from the town, so he is just preparing you now.

Project Porchlight Program-Charisse Tyus a representative from Project Porchlight spoke about what the program is about. He stated that this is a program is funded by the Board of Public Utilities and the Clean Energy Program. We are trying to educate people to conserve energy with our energy efficient light bulbs.

Councilman Horan questioned if the light bulbs they are handing out contain mercury.

Mr. Tyus stated that they do contain mercury.

Councilman Horan questioned if they give information in their packets on where to dispose of the mercury and what to do if the bulb breaks.

Mr. Tyus stated that in one of the brochures in the packets provided there contains a website that people can go to that gives you detailed information on that issue.

Mayor LaCicero stated that the only issue that some of the members of the governing body have is how you should distribute them.

Mr. Tyus stated that in other municipalities we distribute door to door with numerous volunteers.

Councilwoman Wenzel stated that she thinks that they should be distributed at Heritage Day.

Councilwoman Filippone stated she thought that was a better idea than going door to door because we have a lot of snow birds and weekend only residents.

Mayor LaCicero asked Councilwoman Wenzel if she could take care of registering them for Heritage Day.

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

APPROVAL OF CLERK’S MINUTES:

Caucus/Regular Meeting of July 6, 2009

Executive Session Meeting of July 6, 2009

A Motion to Approve the Minutes was made by Councilwoman Wenzel. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Horan and Filippone voted Yes. Councilman Stogdill Abstained. The Motion passed.

RESOLUTIONS – ON CONSENT:

2009-189 requesting the Division of Local Government Services to approve an insertion of item of revenue in the
budget year 2009 “Over the Limit Under Arrest 2009

Statewide Crackdown” in the amount of $6,000.00-Council President Zalom thanked the Chief for
obtaining these grants from the State

2009-190 requesting the Division of Local Government Services to approve an insertion of item of revenue in the
budget year 2009 “Cops In Shops, Summer Shore

Initiative 2009” in the amount of $1200.00

2009-191 accepting the retirement of Michael Miljenovic and authorizing payment of unused sick and vacation time

2009-192 authorizing the refund of planning board escrow monies to Ruth and Edmund Lazzara located at 110
Trenton Avenue in the amount of $85.50

2009-193 authorizing the refund of planning board escrow monies to West Point Island Civic Association located at
Pershing Blvd. in the amount of $295.00

2009-194 appointing Nancy Dews as Municipal Alliance Secretary at an hourly rate of $10.00-Council President
Zalom stated that Nancy Dews has been volunteering for many months with this and she is an asset to
us.

2009-195 proclaiming July 25, 2009 as “Choose Your Cover Day” in the Borough of Lavallette to promote
awareness about skin cancer and using sunscreen products

2009-196 authorizing an On Premise Raffle license to the Union Church to be held on September 25, 2009 from 12
noon to 4:00 pm at the Church

2009-197 authorizing submission of the application for the Lavallette Municipal Alliance Grant for the year 2010 in
the amount of $21,000-Council President Zalom stated that we did receive this grant for $21,000. The
grant also requires that the Borough provide a 25 percent match.

2009-198 authorizing an On Premise Raffle and a Gift Auction to the Deborah Tradewinds

Chapter to be held on October 14, 2009 from 12:30 pm to 4:00 pm at St. Pio of

Pietrelcina Parish Hall

2009-199 authorizing an Off Premise Raffle to the Seaside Rotary to be held on September

12, 2009 at Lavallette Heritage Day

2009-200 authorizing the appointment of Vito DeFranza as a Provisional Laborer at an annual starting salary of
        $34,925.00-Councilwoman Wenzel stated that this person has been a temporary laborer for several
        years and helped in the boardwalk reconstruction. We have two vacancies open at Public Works and he
        will be filling one of those full time vacancies.

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

RESOLUTIONS-OFF CONSENT:

There were no resolutions off consent

UNFINISHED BUSINESS:

Mayor LaCicero stated that in regards to the street light on Philadelphia Avenue that the Electric Department had shaded on one side the homeowners would like it shaded on the other side also.

Councilwoman Wenzel stated that she did not know if that was more of a safety concern with the Police Department but she would check with the Chief.

Councilwoman Filippone stated that there will be Crossing Guards on New York and Bryn Mawr Avenues on the North side of Route 35 for the rest of the summer months. Chief Grant will continue to do another statistical survey to see if they should become a permanent fixture every summer until we get our street light on New York Avenue.

Councilman Stogdill stated that the Crossing Guard being there is very helpful to the Faith Lutheran Church on Sundays.

Councilwoman Wenzel stated that it makes it so much safer to our pedestrians as well as the vehicles.

Councilwoman Wenzel stated that on July 29^th at 7pm at the library the Environmental Committee will have Jeff Flemlin from Re Clam the Bay to speak. She asked if Mr. Parlow would send an email out to the surrounding Mayors and Councils to let them know he is speaking.

Councilwoman Wenzel stated that she had a new draft resolution for the geese police to be considered for the next agenda. It has so far been very effective and we just need to cleanup some items on the current resolution such as the residency, signs, # of members and the leash requirement.

Councilman Lamb stated that as of today we are $51,000 ahead in beach badge sales already.

Mayor LaCicero stated that we sold 900 daily badges in just one day alone. The volume of sales is up 64%.

Councilwoman Filippone stated that if anyone is interested, the last couple of weeks of August and the first week in September a lot of badge checkers go back to college and Mr. Gallo is looking for people to cover those last weeks of the beach. If anyone would like to apply go and fill out an application at the Borough Hall.

NEW BUSINESS:

Mr. Parlow stated that he has received an OPRA request from the Asbury Park Press in reference to all payroll records for all employees. Mr. Parlow stated that the problem he is having is that they requesting the payroll records requested be given in a specific format that that the Borough does not maintain. In order to obtain this specific format the Borough would have to hay a processing fee to the Borough’s payroll provider in the amount of $300.00. The Asbury Park Press maintains that they do not have to pay this fee. Mr. Parlow stated that he has received a letter from their attorney explaining that if we do not respond to this request and give them this without charge they are going to file a denial complaint against the clerk and the Borough. Mr. Parlow stated that based on looking at this strictly from a financial view it would be his recommendation have the Borough absorb the $300 fee rather then spend more money with the litigation and attorney fees. He would like to discuss this matter in Executive Session.

Councilwoman Filippone wondered why a newspaper would think that they deserve special treatment and should not have to follow the OPRA rules.

Councilwoman Wenzel stated that they are always getting their information wrong with Lavallette and wind up misinforming the public anyway.

Councilman Lamb arrived at 7:58 pm

COMMENTS FROM THE PUBLIC:

Bob Storch, 1507 Baltimore Avenue stated that he is a taxpayer but not a full time resident. He thinks that non-residents should be allowed to vote on all the issues that Lavallette has.

Mayor LaCicero stated that the voting law is a state law and you can only vote in one state and one town. As far as the town itself, we do not have any referendums that are voted on.

Peter Sturm, 1600 Ocean Front stated that the bicycle problem seems to be worse than last year and there is nothing being done. What happened to the enforcement of going the wrong way and riding on sidewalks?

Councilwoman Filippone stated that she will speak to the Chief about it.

Councilwoman Wenzel stated she has received some complaints about the specials that are on bikes not following the rules either and they don’t have a light on their bicycles.

Councilwoman Filippone stated that has already been addressed. She has also been questioned about their uniforms and that they should have reflective shirts. The Chief has been questioned before about the uniforms and he is opposed to the varying of uniforms. She also thinks that the helmet law should be strictly enforced.

Joe Palinsky, 122 Washington Avenue stated that the request from the Asbury Park Press is ridiculous. They have every software program imaginable and they are just creating smoke to prove a point. He also wanted to thank the bicycle patrols up on the boardwalk for doing a wonderful job. Also, congratulations to Mr. Miljenovic for on his retirement. He thinks he did a wonderful job and was an asset to this town. He had the pleasure of working with him on a lot of First Aid calls and he was very professional. Also, maybe we do not have to hire a new sergeant right away and then we can save some of the money.

COMMENTS FROM MAYOR AND COUNCIL MEMBERS:

Council President Zalom stated that the Forensic Science Camp at the school was on Channel 4 News. She received a thank you from a woman who needed the trek decking for her daughter who has cerebral palsy going to the beach.

She also reported that a woman on Bryn Mawr Avenue sends a big thank you to the Public Works Department for their help with a large trench on her street.

Mayor LaCicero stated that he has received numerous requests from Zachary Hess whose red sail boat was impounded by the Borough He has asked when the next auction is so he can purchase his boat back. He asked Mr. Parlow is he could schedule the next equipment auction.

EXECUTIVE SESSION:

Mr. George stated that there is a need to go into Executive Session on the annexation of Bay Beach Way, possible litigation on an Opra request and ice cream trucks. There will possibly be some action taken.

A Motion was made by Councilman Horan to Adjourn the Meeting to go into Executive Session. The Motion was seconded by Councilman Stogdill. All of Council were in favor. The Motion passed. The Meeting was adjourned to Executive Session at 8:26 pm.

A Motion was made by Councilwoman Filippone to resume the Regular Meeting. The Motion was seconded by Councilwoman Wenzel. All of Council was in Favor. The Regular Meeting resumed at 8:57 pm.

Mr. George stated that there were three topics discussed in executive session. One being the OPRA matter that will need a motion tonight to approve the $300.00 fee. We discussed more on the ice cream vendors ringing the bells and he updated Mayor and Council on the annexation of Bay Beach Way.

A Motion was made by Councilman Horan to authorize a payment to ADP in the amount of $300.00 to comply with an Asbury Park Press OPRA request. The Motion was seconded by Council President Zalom. Vote: Council Members Wenzel, Zalom, Lamb, Stogdill, Horan and Filippone voted Yes. The Motion passed.

ADJOURNMENT:

A Motion was made to adjourn the Regular Meeting by Councilwoman Filippone. The Motion was seconded by Council President Zalom. All of Council was in Favor. The Motion passed. The Meeting was adjourned at 8:59 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 the true minutes of the Regular Meeting of Mayor and Council held on the 20^th day of July 2009

________________________________

Christopher F. Parlow

Municipal Clerk

CAUCUS/REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, July 6, 2009 – 7:00 pm