Meeting Minutes

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

MOMENT OF SILENCE:

PLEDGE OF ALLEGIANCE:

MAYOR’S WELCOMING STATEMENT:

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

APPROVAL OF CLERK’S MINUTES:

Regular Minutes of January 14, 2008

Executive Session Minutes of January 14, 2008

Motion: Second: Vote:

REPORTS:

a) Police Overtime Report for December & January-Councilwoman Filippone

b) Public Works Report for January-Councilwoman Wenzel

c) Public Affairs Report-Council President Zalom

d) Municipal Court Report for January-Councilwoman Filippone

e) Animal Control Report for January-Councilwoman Filippone

f) Planning Board Report for January-Councilwoman Filippone

g) Zoning Report for December and January-Councilwoman Filippone

h) Tax Account Status Report for January-Tax Collector

Motion To Receive the Tax Account Status Reports: Second: Vote:

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

RESOLUTIONS – ON CONSENT:

2008-65 authorizing the Electric Collector to remove the four electric accounts at 23 Trenton Avenue due to demolishing of the building

2008-66 authorizing the Electric Collector to remove the one electric account at 113 Reese Avenue due to demolishing of the building

2008-67 appointing temporary boardwalk laborers to the Dept. of Public Works at an hourly rate of $10.00 per hour for a period beginning January 28, 2008 and ending May 31, 2008

2008-68 expressing the Borough’s opposition to revisions to the wrongful death statute

2008-69 authorizing the provision for emergency temporary appropriations in the amount of $24,100

2008-70 authorizing the refund of planning board escrow funds to Robert Campbell, Block 6, Lot 11 in the amount of $447.00

2008-71 authorizing the refund of planning board escrow funds to Emanuele Iosue, Block 20, Lot 32 in the amount of $1,099.50

2008-72 urging a moratorium on home foreclosures and congressional enactment of a homeowners and bank protection act

2008-73 establishing annual salary for the Chief of Police Colin Grant

2008-74 approving the application of Adam LaCicero as a probationary member of the

Lavallette Volunteer Fire Company #1

2008-75 approving the application of Joseph Lord as a probationary member of the Lavallette

Volunteer Fire Company #1

2008-76 authorizing the Electric Collector to remove the third electric account at 18 White Avenue

2008-77 establishing an hourly rate change to temporary boardwalk workers

2008-78 offering NJ DIRECT10 health benefit cover to employees of the Borough covered by the New Jersey State Health Benefit Plan

Motion: Second: Vote:

RESOLUTIONS-OFF CONSENT

APPROVAL OF VOUCHERS:

2008-79 Bills List in the amount of $2,226,384.83

Motion: Second: Vote:

COMMUNICATIONS:

Legal:

a) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Request for Opinion on Religious Solicitation with the Borough/Watchtower Society/Jehovah’s Witnesses/Received January 16, 2008

b) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Venezio vs. Venezio/Responding to a record subpoena requesting all for on a certain property in Lavallette/Received January 16, 2008

c) Eric M. Bernstein & Assoc., LLC/Philip G. George, Esq./Request for Opinion on Split Jurisdiction Place to Place Transfers/Received January 23, 2008

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/Miscellaneous Service Lateral Repair Project/Pay Estimate No. 4/D & D Utility Contractors, Inc./USDA Phase III-Pay Estimate No. 6/Received January 23, 2008

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Handicap Accessible Sidewalk/NJDOT Highway Occupancy Permit/Received January 10, 2008

c) O’Donnell, Stanton & Assoc./Michael O’Donnell/Miscellaneous Service Lateral Repair Project/Warranty Inspection/Received January 30, 2008

New Jersey League of Municipalities:

a) 92^nd Annual Conference Highlights/Received January 11, 2008

b) A Special Edition of the Federal Relations Update/Received January 14, 2008

c) New Jersey State Family Readiness Council Fundraiser/Received January 14, 2008

d) COAH Update/Received January 15, 2008

e) Important New Information from the Division of Local Government Services/Received January 15, 2008

f) Coastal Management Rules Hearing/Received January 15, 2008

g) Governor’s Pocket Vetoes/Received January 15, 2008

h) The Mayors Committee for a Green Future Workshop & Business Meeting/Received January 15, 2008

i) League’s Shared Services Board/Received January 16, 2008

j) 2008 Brownfield Development Area (BDA) Applications/Received January 17, 2008

k) New League Brochure “State Government and Your Local Property Taxes”/Received January 22, 2008

l) Proposed Revisions to Wrongful Death Act/Received January 18, 2008

m) Budget Deadline Extensions and Budget Referendums/Received January 22, 2008

n) Smart Future Planning Grant Request for Proposals/Received January 22, 2008

o) League Electronic Library of Ordinances & Sample Shared Service Agreements/Received January 28, 2008

p) Attorney General Directive Concerning Immigration and State and Local Law Enforcement-Update/Received January 25, 2008

q) State Financial Restructuring/Received January 29, 2008

r) Appellate Division Affirms That Specificity Required for Proper OPRA Request/Received January 30, 2008

s) Use Your League/Received January 30, 2008

t) Legislative Developments/Municipal Prosecutor Mandates/Paid Family Leave/Received January 29, 2008

General With No Action:

a) State of New Jersey/Dept. of Environmental Protection/Guy Watson, Chief/amending the O.C. Solid Waste Management Plan to include a revised enforcement strategy for violations/Received January 4, 2008

b) County of Ocean/John Haas, Recycling Coordinator/Recycling Enforcement/Received January
10, 2008

c) State of New Jersey/Office of the Attorney General/Anne Milgram, Attorney General/2008
Campaign Contribution Notice/Received January 10, 2008

d) State of New Jersey Dept. of Community Affairs/Benjamin Spinelli/Basic Course Requirement for planning board members in Land Use and Planning/Received January 10, 2008

e) Bruno & Associates, Inc./John R. Bruno, Chairman/Grant consulting and public relations firm/Received January 10, 2008

f) County of Ocean/Arthur Burns, Supt. of Recycling/December 2007 Recycling and Compost Reports/Received January 11, 2008

g) Lavallette Business Association/Kimberlee Samarelli, President/list of their sidewalk sales and display dates for the 2008 summer season/Received January 14, 2008

h) Birdsall Services Group, Inc./Howard Birdsall, Chief Exec. Officer/letter advising that PMK
Group has joined their firm/Received January 14, 2008

i) Ocean County Recycling Center/Joseph Sanzaro, President/recycling report for 2007/Received
January 14, 2008

j) State of New Jersey/Municipal Court Administrator Certification Board/Dennis Bliss/Board
Chair/advising of Jennifer Krieg, Deputy Court Administrator’s Certification of Court Administrator/Received January 14, 2008

k) Suffolk Recycling Corporation/recycling report for 2007/Received January 15, 2008

l) State of New Jersey/Dept. of Environmental Protection/Guy Watson, Chief/Thirty Day Desk Audit Report for 2006 Recycling Tonnage Reporting Year/Received January 25, 2008

m) County of Ocean/Dept. of Consumer Affairs/Jamie Henninger, Administrative Clerk/Rebate check in the amount of $3,980.60 for Construction Services for the 4^th Quarter, 2007/Received January 17, 2008

n) State of New Jersey/Office of Attorney General/Dept. of Law and Public Safety/Incomplete Application for Retail License Transfer/White Whale, LLC/Received January 17, 2008

o) Lavallette Municipal Alliance/Kathy Mango, Coordinator/letter advising of them conducting a needs assessment for their 2009-2011 funding/Received January 17, 2008

p) North Jersey Transportation Planning Authority, Inc./Kevin Twine, Principal Transportation Planner/Route 35 Restoration listed for their 2009 Project Pool/Received January 18, 2008

q) State of New Jersey/Dept. of Environmental Protection/Lisa Jackson, Commissioner/advising of their new Publication of “Guidebook for Local Government Officials and a reminder of the Mayors Brownfield Roundtable being held on January 31^st/Received January 22, 2008

r) Lavallette First Aid Women’s Auxiliary/Claire Caruso, President/informing us of the road closings that will be done for the First Aid Flea Markets for the 2008 summer seasons/Received January 23, 2008

s) Mazza Recycling/Dominick Mazza, Jr./Recycling Tonnage Report for 2007/certification of scrap metal/letter detailing recycling tonnages sorted/Received January 23, 2008

t) State of New Jersey/Dept. of Community Affairs/Benjamin Spinelli, Exec. Director/Extension for Completion of Mandatory Basic Course in Land Use Law and Planning to March 31, 2008/Received January 23, 2008

u) Ocean County Utilities Authority/Richard Warren , Exec. Director/Certificate of 2008 Annual Charge/Received January 23, 2008

v) Affordable Housing Alliance/Toi Collins, Director of Intake/Administrative Agent Services/Received January 23, 2008

w) Kirk Tilton/ Save Barnegat Bay 8K Race/Fitness Walk for June 28, 2008 /Received January 24, 2008

x) Stevens Institute of Technology/Jon Miller, Specialist/Rip Current Awareness Signs/Received January 24, 2008

y) State of New Jersey/Dept. of Transportation/Kris Kolluri, Commissioner/Information on the Safe Routes to School Grant Application/Received January 28, 2008

z) Rosalie/John Dolinaj/78 Dickman Drive/would like to be part of an environmental committee if one is formed/Received January 28, 2008

aa) Association of New Jersey Environmental Commissions/ANJEC/Smarth Growth Planning Assistance Grants of up to $20,000/Sandy Batty/Exec. Director/Received January 28, 2008

bb) Ocean County Planning Board/Mark C. Villinger, Assist. Planner/Ocean County Natural Lands Trust Fund Status Report-January 2008/Received January 25, 2008

cc) Ellen Steinberg/Millburn Committeewoman/Governor’s Asset Monetization Plan/Received January 30, 2008

dd) Ocean County Utilities Authority/Richard Warren , Exec. Director/Deficiency Notification for 2007 Calendar Year/Received January 31, 2008

ee) Barnegat Bay National Estuary Program/L. Stanton Hales, Jr., Program Director/follow up letter from the Ocean County Mayors Association Meeting/Received January 31, 2008

ff) Borough of Lavallette/Planning Board/William Zylinski, Chairman/letter in opposition of the Sherman Hospitality, LLC Place to Place Liquor License Transfer/Received January 31, 2008

General With Action:

a) Judith M. Campo/14 Reese Avenue /disputing the electric rate increase and the base rate/would like an answer at your earliest convenience/Received January 15, 2008

b) Brian Walsh/11 Pershing Blvd /requesting the fire hydrant in front of his home being relocated somewhere else because of potential hazardous situations/Received January 18, 2008

c) Lavallette Beautification Advisory Committee/Theresa Coleman, Treasurer/requesting the Borough continue purchasing the garbage receptacles and that all items be placed in the B2 Zone/Received January 22, 2008

d) Mayors Wellness Campaign/Judy Doyle/Healthy Town Project/does the Borough of Lavallette wish to be a Healthy Town designation /Received January 23, 2008

e) Island Junior Baseball League, Inc./John Wiley, President/requesting your presence at opening day on April 5, 2008/Received January 23, 2008

f) Island Junior Baseball League, Inc./John Wiley, President/requesting the ball field from March 15^th thru June 30^th for their major and minor leagues and until mid August for their senior league/requesting also that the mound be removed/Received January 23, 2008

g) Board of Chosen Freeholders/John Kelly/James Lacey/requesting your presence at their 2008 County Road Improvement Program Meeting/Received January 24, 2008

h) Herb/Catherine Hascher/1301 Bay Blvd/requesting that the lights at the tennis courts be turned off until the season starts because we are wasting energy/Received January 28, 2008

i) Lavallette Volunteer First Aid Squad/requesting that the trailer that they use to store at Public Works be stored back at Public Works for the winter and spring/Received January 25, 2008

UNFINISHED BUSINESS:

Applications for Re-Numbering of Property 101A Gr. Central Avenue /Louis Andreozzi and

101B Grand Central Avenue /Gennaro Tartaglia

NEW BUSINESS:

COMMENTS FROM THE PUBLIC:

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

EXECUTIVE SESSION:

ADJOURNMENT:

BOROUGH OF LAVALLETTE

REGULAR MEETING OF THE MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING – COUNCIL CHAMBERS

Monday, January 14, 2008 – 7:00 pm

CALL TO ORDER: Mayor Walter LaCicero, presiding.

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

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

Philip George, Borough Attorney

Donnelly Amico, Deputy Municipal Clerk

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

MOMENT OF SILENCE:

PLEDGE OF ALLEGIANCE:

MAYOR’S WELCOMING STATEMENT:

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

APPROVAL OF CLERK’S MINUTES:

Special Meeting Minutes and Transcript of November 16, 2007

Regular Minutes of November 19, 2007

Regular Minutes of December 3, 2007

Regular Minutes of December 17, 2007

Reorganization Meeting of January 2, 2008

Motion: Second: Vote:

REPORTS:

a) Police Overtime Report for December-Councilwoman Filippone

b) Public Works Report for December-Councilwoman Wenzel

c) Public Affairs Report-Council President Zalom

d) Municipal Court Report for December-Councilwoman Filippone

e) Animal Control Report for December-Councilwoman Filippone

f) Planning Board Report for December-Councilwoman Filippone

g) Revenue Transaction Report for November & December-CFO

h) Beautification Reports for 2008-Council President Zalom

i) Tax Account Status Report for December-Tax Collector

j) Tax Account Status Report for Year End 2007-Tax Collector

Motion To Receive the Revenue Transaction and the Tax Account Status Reports: Second: Vote:

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

APPOINTMENT OF COUNCILMEMBER TO LAVALLETTE PLANNING BOARD / BOARD OF ADJUSTMENT:

2008-53 Councilwoman Joanne Filippone One-Year Term

Motion: Second: Vote:

RESOLUTIONS – ON CONSENT:

2008-54 approving the application from Deborah Hospital/Seaside Chapter to hold a 50/50 On Premise Raffle and a Chinese Auction on January 27, 2008 at the Crab’s Claw Inn.

2008-55 appointing Matthew Burk to the position of Bookkeeping Machine Operator (Electric Collector)

2008-56 approving the applications from Lavallette Heritage Committee to hold an On Premise 50/50 Raffle to be held on September 6, 2008, at their Lavallette Heritage Day and an On Premise 50/50 Raffle to be held on July 27, 2008, at their Arts & Crafts Fair

2008-57 authorizing transfers of the 2007 Appropriation Reserve Accounts

2008-58 authorizing the Treasurer to apply two 2007 overpayments in the amount of $5,261.22 to 2008 taxes receivable.

2008-59 granting the extension of time for the completion of the White Avenue, Coleman Lane & Ortley Avenue Road Improvement Project

2008-60 approving a Memorandum of Agreement between the Borough of Lavallette and the P.B.A. Local #372

2008-61 requesting that the Department of Transportation adopt the required regulation establishing a handicap parking space on Route NJ 35 Northbound.

2008-62 authorizing the Administrator to execute a release of contract with Pella Windows and Doors for the installation of doors at the Lavallette Fire House

Motion: Second: Vote:

RESOLUTIONS-OFF CONSENT

APPROVAL OF VOUCHERS:

2008-63 Bills List in the amount of $254,973.09

Motion: Second: Vote:

ORDINANCES ON FOR SECOND AND FINAL READING:

Bond Ordinance No. 2008-01 (1029) – BOND ORDINANCE AMENDING IN PART BOND ORDINANCE NO. 2003-04(920) ADOPTED ON APRIL 7, 2003, AS AMENDED BY BOND ORDINANCE NO. 2005-04(968) ADOPTED ON April 11, 2005, AS AMENDED BY BOND ORDINANCE NO. 2005-21(985) ADOPTED ON OCTOBER 24, 2005, AS AMENDED BY BOND ORDINANCE NO. 2006-17(1005) ADOPTED ON AUGUST 21, 2006, AS AMENDED BY BOND ORDINANCE NO. 2007-02(1013) ADOPTED ON FEBRUARY 26, 2007, AS AMENDED BY BOND ORDINANCE NO. 2007-09(1020) ADOPTED ON AUGUST 20, 2007, PROVIDING FOR IMPROVEMENTS TO BOARDWALKS AND DOCKS, IN ORDER TO INCREASE THE APPROPRIATION THEREFOR BY $150,000 FOR A TOTAL APPROPRIATION OF $900,000, TO INCREASE THE AUTHORIZED BONDS AND NOTES TO BE ISSUED TO FINANCE A PORTION OF THE COSTS THEREOF BY $142,500 FOR A TOTAL DEBT AUTHORIZATION OF $855,000 AND TO INCREASE THE ALLOCATION OF THE APPROPRIATION TO COSTS PERMITTED UNDER N.J.S.A. 40A: 2-20, AUTHORIZED IN AND BY THE BOROUGH OF LAVALLETTE, IN THE COUNTY OF OCEAN, NEW JERSEY.

Motion: Second: Public Hearing: Council Discussion: Vote

COMMUNICATIONS:

Legal:

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

Penalty Assessment/NJDEP/Our File No. 1250-1028/Inspection of Areas In

Question/Received January 10, 2008

Engineering:

a) O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue, Coleman Lane & Ortley Avenue Road Improvements/Received December 6, 2007

b) O’Donnell, Stanton & Assoc./Michael O’Donnell/Preconstruction Conference Minutes/Handicap Accessible Sidewalks/Received December 6, 2007

c) O’Donnell, Stanton & Assoc./Michael O’Donnell/Magee Avenue Road Improvements/Final Reimbursement/Received December 13, 2007

d) O’Donnell, Stanton & Assoc./Michael O’Donnell/CDBG Project Status Report/Handicap Accessible/Received December 17, 2007

e) O’Donnell, Stanton & Assoc./Michael O’Donnell/White Avenue, Coleman Lane & Ortley Avenue Road Improvements/letter from Earle Asphalt recommending they wait for more favorable weather before starting the project/Received December 31, 2007

f) O’Donnell, Stanton & Assoc./Michael O’Donnell/Sanitary Sewer Rehabilitation Program USDA Phase II/Pay Estimate #25/Received December 27, 2007

g) O’Donnell, Stanton & Assoc./Michael O’Donnell/Handicap Accessible Sidewalks/Pay Estimate No. 1/Pay Record: December 10, 2007 thru December 31, 2007/Received January 3, 2008

New Jersey League of Municipalities:

a) Clean Power Community Partner/Received December 5, 2007

b) Legislative Update/Received December 5, 2007

c) Police Standards Committee Report Issued/Received December 13, 2007

d) S-2955/Contractor’s Relief Bill/Received December 12, 2007

e) League Testifies on Affordable Housing Reform Package/Regulation of Off-Road Vehicles/Received December 11, 2007

f) School Aid Funding Numbers/Received December 12, 2007

g) School Funding/Received December 13, 2007

h) Cap Levy Problems/New COAH Regulations/Paid Family Leave/Received December 14, 2007

i) Scs for176/A-1511/Wrongful Death/Received December 17, 2007

j) Federal Update/For Period Ending December 14, 2007/Received December 18, 2007

k) Important New Information from the Division of Local Government Services/Received December 18, 2007

l) New COAH Regulations/Received December 18, 2007

m) Coastal Management Rules, NJAC 7:7E/Received December 19, 2007

n) Draft School Funding Formula Bill/Received December 20, 2007

o) Important Notice on Pensions and Benefits for Newly Elected and Appointed Officials/Received December 28, 2007

p) New Jersey State League of Municipalities Teams Up with New Jersey Law Journal to

Publish New Handbook for Municipal Officials with Special Discount for League

Members/Received December 28, 2007

q) Addition of Municipal Clerks E-Mail Addresses to 2008 Municipal Directory/Received

December 13, 2007

r) Legislative Alert/Received January 4, 2008

General With No Action:

a) Cablevision/Adam E. Falk/Deletion of Telemundo Puerto Rico/Received November 30, 2007

b) Cablevision/Adam E. Falk/New Channel Launches/Rebranding of Programming Services/Received December 3, 2007

c) New Jersey Natural Gas/Kathleen Ellis, Corporate Affairs/Increase of Base Rates/Received December 3, 2007

d) Lavallette Voters and Taxpayers/Joseph Marcianti, President/Recommendation of LVT Member for Borough Parking Advisory Committee/Received December 6, 2008

e) County of Ocean/Ocean County CDBG Steering Committee/Anthony M. Agliata, Planning Director/CDBG Funding Cycle 2008-2009/Received December 4, 2007

f) Association of NJ Environmental Commissions/Sandy Batty, Exec. Director/Received December 7, 2007

g) Lavallette PTA/appointing a PTA member to the Parking Advisory Committee/Received December 10, 2007

h) New Jersey State Legislature/Andrew Ciesla/David Wolfe/James Holzapfel/a letter to Dept. of Transportation in support of a traffic light on New York Avenue and Rt. 35 North/Received December 6, 2007

i) County of Ocean/Arthur P. Burns, Supt./November 2007 Recycling & Compost

Reports/Received December 7, 2007

j) Lavallette Democratic Club/Lachlan Cameron, President/requesting use of Council

Chambers for their monthly meetings/Received December 12, 2007

k) Ocean County Planning Board/Mark Villinger/Asst. Planner/Ocean County Natural Lands

Trust Fund Status Report-December/December 10, 2007

l) Atlantic City Surf Professional Baseball Club/Barry Kraus/Comm. Relations Manager/2008

Schedule/Received December 10, 2007

m) Ocean County Community Services, Inc./ Nutrition Schedule 2008/Received December 12,

2007

n) Lavallette Planning Board/Rosemary Robertson, Secretary/2008 Planning Board

Meetings/Received December 17, 2008

o) Cablevision/Adam E. Falk/Launch of Caribe Vision/Received December 17, 2007

p) Watchtower Bible and Tract Society of New York, Inc./Paul D. Polidoro, Assoc. General

Counsel/Jehovah’s Witness/letter opposing requiring a permit to go door to door/Received

December 14, 2007

q) State of New Jersey/Dept. of Environmental Protection/Donald Kakas, Section Chief/Biennial Report for CEA Approval/Lavallette Public Works/Received December 20, 2007

r) Kim Pascarella, Esq./Certification of NJ State Municipal Prosecutor/Received December 20, 2007

s) County of Ocean/John Haas, Recycling Coordinator/All In One Bin-Paper Stream Recycling/Received December 19, 2007

t) State of New Jersey/Anne Milgram, Attorney General/Cops In Shops Summer Shore Initiative 2007/Received December 17, 2007

u) Lavallette Heritage Committee/Joy Grosko, Director/check in the amount of $4,000.00 reflecting the collections from the 2007 Sunday Night Concerts/Received December 21, 2007

v) Cablevision/Adam E. Falk/2008 Regulated Rate Adjustments/Received December f31, 2007

w) State of New Jersey/Dept. of Environmental Protection/Kathleen Katz, Unit Supervisor/Notice of Approval of Extension Request/Kelly’s Sea Bay Sunoco/Paul E. Kelly/Received December 27, 2007

x) The Ocean County Gazette/Raymond Hoather, Publisher/Legal Advertising Request/Received December 27, 2007

y) State of New Jersey/Affordable Housing/Lucy Voorhoeve, Exec. Director/COAH’s Revised Third Round Rules/Received December 31, 2007

z) Lavallette Voters and Taxpayers Assoc./Joseph Marcianti, President/Requested use of Council Chambers for their monthly meetings/Received December 20, 2007

aa) State of New Jersey/Dept. of Transportation/Kris Kolluri, Commissioner/letter to Senator Andrew Ciesla advising them that the installation of the traffic light on New York and Rt. 35 North will be investigated/Received January 4, 2008

bb) Lavallette Volunteer First Aid Squad/Audrey Zylinski, President/letter advising Mayor and Council of their newly elected President/Received January 4, 2008

cc) Ocean County Planning Board/Robin Florio, Secretary/Ocean County Planning Board Meeting Schedule for 2008/Received January 7, 2008

dd) State of New Jersey/Dept. of Transportation/Kris Kolluri, Commissioner/letter denying a Municipal Aid grant for Bond Avenue/Received January 3, 2008

ee) Lavallette First Aid Squad Women’s Auxiliary/Calendar of Events/Received January 7, 2008

ff) Lavallette Heritage Committee/Joy Grosko, Director/Lavallette Heritage Committee Events for 2008/Received January 2, 2008

gg) Cablevision/Adam Falk/Launch of ESPN2 HD/Received December 20, 2007

hh) The Salvation Army/Captain Lorie M. Travaglino, Chairperson/Project Homeless Connect/Received January 8, 2008

ii) State of New Jersey/Dept. of Transportation/Kris Kolluri, Commissioner/letter approving the Municipal Aid Program for Kerr Avenue in the amount of $145,000/Received December 27, 2007

jj) Federal Communications Commission/Consolidated Reply to Comments on Petition for

Determination of Effective Competition submitted by Cablevision of Monmouth,

Inc./Received December 13, 2007

kk) Pamela Maguire/letter resigning from her appointments on the Ordinance and

Beautification Committees effective immediately/Received December 27, 2008

ll) Mulvaney, Coronato & Brady/Terry F. Brady, Esq./2008 Planning Board Attorney

Proposal/Received December 13, 2007

mm)Cablevision/Adam E. Falk/Launch of Dominican View in iO Espanol Package/Deletion of

Korean Channel/Received January 8, 2008

nn) Lavallette Beautification Committee/Pat Marrone, Chairperson/Schedule of 2008 Meetings

General With Action:

a) New Jersey Business & Industry Association/Philip Kirschner, President/letter requesting the Mayor to nominate a company for the 2008 Good Neighbor Awards Program/Received December 3, 2007

b) Ocean County Library/Elaine McConnell, Director/letter requesting a donation from the Borough of Lavallette/Received December 3, 2007

c) Caregiver Volunteers of Central Jersey/Rev. Terry Chapman/letter requesting a donation from the Borough of Lavallette/Received December 12, 2007

d) County of Ocean/Dept. of Public Affairs/Barbara Steele, Director/requesting the presence of a Lavallette Official to attend the meeting on January 8, 2008 for information on the Tourism Promotional Grant Application/Received December 14, 2007

e) Borough of Lavallette Planning Board/William Zylinski, Chairman/Proposed Permit Issuance/Referring it to the Zoning Officer/Received December 19, 2007.

f) State of New Jersey/Dept. of Community Affairs/Benjamin Spinelli, Exec. Director/letter advising Council that the Basic Course in Land Use Law and Planning is a requirement for planning board members and training should be completed by January 17, 2008/Received December 18, 2008

g) Lavallette Heritage Committee/Joy Grosko, Director/requesting the placement of two benches on the gazebo grounds, in memory of Leonard Christoforo and the son of Connie Meyers prior to Memorial Day/Received December 21, 2007

h) Ocean County Planning Board/David J. McKeon, Planning Director/Dredged Material Management in Ocean County/requesting the Mayor’s attendance at a meeting for discussion on January 31, 2008/Received December 31, 2008

i) Linda Aloia/Haddonfield Avenue/requesting some type of gazebos placed at the beach entrances to the last three streets in Lavallette/Received January 7, 2008

j) Lavallette Business Association/Tom Yannacone, Flea Market Chairman/requesting permission to hold their Flea Markets in July and August at the Lavallette First Aid/Firehouse Grounds/Received January 7, 2008

k) State of New Jersey/Dept. of Transportation/Peter A. Riscica/Highway Engineer/Handicapped Parking Space on Rt. 35 South and Brown Avenue/letter requesting Mayor and Council to submit a certified adopted resolution requesting same/Received January 8, 2008

l) Verizon Wireless/Dave Sesso/Right of Way Permit Agreement Requiring the Signature of a

Borough Official to install an equipment cabinet on the property of the water tower where

the cell towers are/Received December 11, 2007

m) Katherine Dzugan-Szymanski, Esq./Water and Sewer Bill Dispute/24 Magee Avenue/Block

10 Lot 27/Received January 4, 2008

UNFINISHED BUSINESS:

NEW BUSINESS:

Application for Renumbering of Property-Gennaro Tartaglia, 101B Grand Central Avenue

Requesting address to be 26 Ortley Avenue

Draft Ordinance-Amending, Revising and Supplementing Chapter 42 “Newsracks”

COMMENTS FROM THE PUBLIC:

COMMENTS OF THE MAYOR AND COUNCIL MEMBERS:

EXECUTIVE SESSION:

ADJOURNMENT:

BOROUGH OF LAVALLETTE

REORGANIZATION MEETING OF MAYOR AND COUNCIL

LAVALLETTE MUNICIPAL BUILDING-COUNCIL CHAMBERS

WEDNESDAY, JANUARY 2, 2008 – 7:00 PM

*Agenda*
Check Back For Minutes

CALL TO ORDER: Mayor Walter G. LaCicero, Presiding

MEETING NOTICE STATEMENT:

Notice of this meeting complies with the Open Public Meetings Act. Public Notice was given to the Ocean County Observer, the Ocean Star, the Ocean County Gazette and was published in the Asbury Park Press on January 7, 2007. Notice was posted on the Municipal Bulletin.

INVOCATION: John T. Collins, Faith Lutheran Church

MOMENT OF SILENCE-SALUTE TO THE FLAG:

ADMINISTRATION OF OATH OF OFFICE:

Michael Stogdill elected as Councilman will take his Oath of Office, which will be administered by Mayor Walter G. LaCicero. Three (3) year term of office from January 1^st, 2008 through December 31, 2010. (Holding the Bible for Councilman Stogdill will be his wife, Lori Stogdill)

Robert Lamb elected as Councilman will take his Oath of Office, which will be administered by Mayor Walter G. LaCicero. Three (3) year term of office from January 1^st, 2008 through December 31, 2010. (Holding the Bible for Councilman Stogdill will be his wife, Karen Lamb)

ROLL CALL: Councilman Joseph Ardito

Councilman Britta F. Wenzel

Council President Anita F. Zalom

Councilman Michael Stogdill

Councilwoman Joanne Filippone

Councilman Robert Lamb

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

Phil George, Borough Attorney

Donnelly Amico, Electric Collector

MAYOR’S ANNUAL MESSAGE:

ELECTION OF BOROUGH COUNCIL PRESIDENT FOR 2008:

Motion: Second: Discussion: Vote:

2008 BOROUGH APPOINTMENTS BY THE MAYOR: (not requiring Council approval)

Planning Board / Board of Adjustment

Term Position Appointee

1 Year Class II Member Christopher F. Parlow

4 Years Class IV Member Joseph Baginski

2 Years Alternate #1 Joseph Palinsky

2008 COUNCIL COMMITTEE ASSIGNMENTS:

Committee Assignments of Borough Council

By Borough Council (Resolution 2008-01 Motion: Second: Discussion: Vote:)

2008 BOROUGH APPOINTMENTS BY THE MAYOR: – (requiring advice and consent of Council)

Borough Attorney - Eric M. Bernstein Associates

By Borough Council (Resolution 2008-02 Motion: Second: Discussion: Vote:)

Borough Auditor – Robert S. Oliwa / Oliwa & Company

By Borough Council (Resolution 2008-03 Motion: Second: Discussion Vote:)

Borough Prosecutor – Kim A. Pascarella, Esquire

By Borough Council (Resolution 2008-04 Motion: Second: Discussion: Vote)

Various Professional Appointments -

Bond Counsel – Dilworth, Paxson, LLP

Special Prosecutor – Joseph Coronato / Mulvaney, Coronato and Brady

Special Hearing Officer – Arnaldo V. Maestrey

Alternate Prosecutor - Bonnie Peterson

Alternate Prosecutor #2 – Holzapfel & Zabarsky

Public Defender - Margarie Herlihy

Conflict Public Defender - Philip G. Mylod

Labor Attorney – Sean Gertner

By Borough Council (Resolution 2008-05 Motion: Second: Discussion: Vote:)

Various Advisory Committees-

CDBG / Tourism / Grants Committee

Anita Zalom Judy Mrozek

Barbara Florimont Penny Hahn

Jean Lane Elaine Schardien

Joseph Palinsky

Municipal Utility Advisory Committee:

Joseph Ardito Christopher Parlow

Michael Stogdill Al DeBenedictis

Roger Martin Bill Zylinski

Joseph Palinsky Dave Brown

Ordinance Committee:

Robert Lamb, Liaison Joanne Filippone, Liaison

Christopher Parlow Shirley Buono

Roger Martin