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EXECUTIVE SESSION – 7:00 P.M. RESOLUTION #28-2009
DISCUSSION SESSION – 7:30 P.M.
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All present.
Councilman Brennan discussed his objection to the January 12, 2009 Executive Session. Borough Attorney Raffetto responded. There was a discussion regarding the Council Committee assignments. Councilman Brennan commented on the powers of the Mayor noting that he felt the Council Committee appointments should be made by the Mayor and therefore he did not want to proceed with Council Committee appointments. Councilwoman Crippen spoke to the past practice of Committee appointments and the associated state Statute. Councilman Brennan responded and expanded on his interpretation of the Statute. There was a discussion regarding the Muskrat Mark contract. Councilman Brennan spoke to the Professional Services Contracts noting that he felt these should be Mayoral appointments and that efforts should have been made to reduce the costs of the professionals.
Discussion Session was adjourned at 8:12 PM
ON MOTION: by McLean/Crippen AYES: All Yes
BOROUGH OF SPRING LAKE HEIGHTS
M I N U T E S
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R E G U L A R M E E T I N G
O F
JANUARY 26, 2009
SILENT PRAYER AND SALUTE TO THE FLAG
1. ROLL CALL: 8:00 P.M.
MAYOR:
COUNCIL
BRENNAN - Present
CINDEA - Present
CRIPPEN - Present
KEGELMAN - Present
MACCANICO (Acting Mayor) - Present
MCLEAN - Present
2. THIS MEETING IS CALLED PURSUANT TO THE PROVISIONS OF THE OPEN PUBLIC MEETING LAW. NOTICE OF THIS MEETING WAS INCLUDED IN A LIST OF MEETINGS SENT TO THE COAST STAR AND ASBURY PARK PRESS, POSTED ON THE BULLETIN BOARD IN THE MUNICIPAL BUILDING AND ON THE BOROUGH WEB-SITE.
3. MOTION TO APPROVE AGENDA
MOVED / SECONDED / AYES / NAYS / ABSENT / ABSTA
I
N / COMMENTS: Motion by Councilman Brennan to amend agenda and move Resolution #38-2009 – Filling Mayoral Vacancy to the next order of business. No Second.
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MCLEAN / X
4. MINUTES OF PREVIOUS MEETINGS:
MOTION TO APPROVE MINUTES OF
DECEMBER 16, 2008 – EXECUTIVE SESSION
MOVED / SECONDED / AYES / NAYS / ABSENT / ABSTA
I
N / COMMENTS:
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MCLEAN / X / X
MOTION TO APPROVE MINUTES OF
JANUARY 12, 2009 – EXECUTIVE SESSION
JANUARY 12, 2009 – REGULAR SESSION
MOVED / SECONDED / AYES / NAYS / ABSENT / ABSTA
I
N / COMMENTS: Motion by Councilman Brennan to excise out the Borough Attorney advice to Governing Body. No Second.
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MCLEAN / X / X
5. SPECIAL ITEMS AND PUBLIC HEARINGS:
COUNCIL COMMITTEE ASSIGNMENTS – Acting Mayor Maccanico
MOTION TO APPROVE COUNCIL COMMITTEES AS LISTED
MOVED / SECONDED / AYES / NAYS / ABSENT / ABSTA
I
N / COMMENTS:
MR. BRENNAN / X
MS. CINDEA / X / X
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MCLEAN / X / X
COMMITTEE / MEMBERS/CHAIRS
Public Safety / Lynn Kegelman, Chair
Patricia N. Cindea, Co-Chair
Public Buildings and Grounds / John P. Brennan, Jr., Chair
Gavino Maccanico, Co-Chair
Finance / Patricia N. Cindea, Chair
Lynn Kegelman, Co-Chair
Public Works / Gavino Maccanico, Chair
Patricia Cindea, Co-Chair
Legislation and Grants / Kathleen Crippen, Chair
Gary P. McLean, Co-Chair
Utilities / Gary P. McLean, Chair
Kathleen Crippen, Co-Chair
Inter-local/Shared Services / Lynn Kegelman
Gavino Maccanico
Gary P. McLean
Personnel / Lynn Kegelman
Gary P. McLean
Gavino Maccanico
Website / Kathleen Crippen
John P. Brennan, Jr.
School Liaison / John P. Brennan, Jr.
Patricia N. Cindea
ORDINANCE #01-2009 AN ORDINANCE AUTHORIZING THE BOROUGH OF SPRING LAKE HEIGHTS TO GRANT AN OPEN SPACE EASEMENT TO THE COUNTY OF MONMOUTH UPON, OVER AND ACROSS THE PROPERTY KNOWN AND DESIGNATED AS BLOCK 88, LOT 24 (1200 ALLAIRE ROAD)
CLERK TO READ ORDINANCE BY TITLE AND MAYOR TO OPEN PUBLIC HEARING ON ORDINANCE
· Mr. Edward McGuirk, 1208 Allaire Road – Mr. McGuirk asked why we needed an Open Space Easement.
· Mr. Frank Ford, 501 Tenth Avenue – Mr. Ford asked about what restrictions the Ordinance put on the property. Borough Attorney responded noting that there could be active and passive recreation on the property.
· Mr. Edward McGuirk, 1208 Allaire Road – Mr. McGuirk asked if open space funds could be used to take down the barn on the property. The Borough Administrator stated that there were funds available from Green Acres that may cover that expense.
· Ms. Evelyn Condello, 809 Park Avenue – Ms. Condello asked about Mrs. Fletcher’s life rights. Borough Attorney Raffetto responded.
· Mr. Dick Button, 613 Ocean Road – Mr. Button asked about the wetlands. Councilwoman Crippen responded that a Letter of Interpretation had not been issued by the DEP.
· Ms. Evelyn Condello, 809 Park Avenue – Ms. Condello asked about the amount of the grant funding and the open space funding. Councilwoman Crippen, Borough Attorney Raffetto and CFO Lapp responded.
· Mr. Dick Button, 613 Ocean Road – Mr. Button asked about the total cost of the bond. CFO Lapp responded.
MOTION TO CLOSE PUBLIC HEARING
MOVED / SECONDED / AYES / NAYS / ABSENT / ABSTA
I
N / COMMENTS: Closed at 8:30 PM.
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MCLEAN / X / X
MOTION TO ADOPT AND ADVERTISE IN ACCORDANCE WITH LAW
MOVED / SECONDED / AYES / NAYS / ABSENT / ABSTA
I
N / COMMENTS:
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MCLEAN / X
6. DISCUSSION ITEMS:
· Spring Lake Heights Community Justice Coalition—Councilpersons Crippen and Brennan
o Councilpersons Crippen and Brennan expanded on the draft of a Resolution and asked that the draft be posted on the Borough’s website.
o Mr. Jeff Algor, 1225 Norman Terrace – Mr. Algor spoke on the draft Resolution and how it was a grass roots program and a work in progress. He noted the potential for grant funding.
· Mary F. Foulks/Elizabeth Stader – Sidewalk Stay - The Borough Administrator gave an update on the historical considerations relating to the stay granted by the prior Governing Body that was still pending. She noted that the Governing Body would have to make a decision and they would need to take action to remove the stay.
· SMRSA Resolution-The Governing Body discussed a Resolution that was tabled in December 2008 that related to salary and benefits for SMRSA Commissioners. It was decided that the Resolution would be revised to leave in the stipend, and eliminate the benefits. The Governing Body instructed the Administrator to make the changes and place the Resolution back on the 02/09/09 agenda.
· Monmouth County Tax Administrator – Matthew Clark - The Borough Administrator informed the Governing Body that she had followed their directive and invited County Tax Administrator, Matthew Clark to attend their 02/09/09 meeting. Mr. Clark agreed to attend; he asked that the Governing Body members provide him with a list of topics and/or questions that they would like him to address.
· Generator Bid Process- The Borough Administrator gave an update on the proposed generator for Borough Hall; she noted that the specs were prepared and the project was ready to go to bid. She also noted that the project may possibly be eligible for potential stimulus funding; however, it was agreed that was not very likely. The Administrator asked the Council to review the matter and get back to her with direction.
· Recreation 2009 – The Borough Administrator and CFO gave an overview of Recreation 2009 considerations. They noted that 2008 was a transition year and that they wanted the Governing Body to be aware early in 2009 what would have to be done to be sure there were programs delivered to the residents in a compliant manner. It was noted that the CFO’s appropriate role is one of financial oversight and not day-to-day financial operations. The CFO and Administrator recommended that there be one person who coordinated programs and would be able to be held accountable for proper procedures. The Legislation Committee noted that they were reviewing model Recreation Ordinances and hoped to have a recommendation in the near future.
· FEMA Maps—The Borough Administrator read a letter from FEMA that was a response to the Borough Engineer’s inquiry about the new flood maps. It did not appear from the letter that the federal government intended to change their position on flood zones located in the Borough, which will greatly increase the number of Borough residents that will be required to purchase federal flood insurance.
· Yoga Classes—The Borough Administrator addressed the considerations relating to a request to hold a yoga class in the Borough’s Community Center. She noted that regardless of the original intention, this was a fee for services program that was essentially allowing an individual to run a business through a Borough facility. It was agreed that the individual would be directed to the Recreation Commission to appropriately set up such a program.
· Public Agency Compliance Officer- The Borough Administrator gave a brief overview of the requirements for the state mandated appointment of a Public Agency Compliance Officer. She recommended that Deputy Clerk, Kathleen Capristo, be appointed to the position. Ms. Capristo is very qualified to fill the position and she is an hourly employee so the cost associated with such an appointment would be minimal.
· COAH Housing Liaison—The Borough Administrator and Borough Attorney addressed the requirements for the state mandated Municipal Housing Liaison to address the Borough’s COAH obligations. It was agreed that the Borough had no employee who was qualified to be the appointee; the Borough Attorney and the Administrator were tasked with looking for alternatives and reporting back to the Governing Body.
· Proposed Resolution – Facilitating Tax Appeals—The Governing Body discussed a proposed Resolution, which had been prepared by Councilman Brennan. After some discussion, it was decided that the
Resolution was not required and that Councilman Brennan would work with the Borough Administrator to make the public information relating to 2008 property sales and tax appeal requirements available to residents.
7. COMMUNICATIONS:
· Monthly Police Report – December, 2008
MOTION TO RECEIVE AND FILE
MOVED / SECONDED / AYES / NAYS / ABSENT / ABSTA
I
N / COMMENTS:
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MCLEAN / X / X
8. COUNCIL COMMITTEE REPORTS:
· Finance Committee Report – Budget Process-The Finance Committee discussed their joint recommendation on how the Governing Body should proceed with the budget process. It was agreed that the Budget would be addressed by the full Governing Body at a series of public budget workshops. The Governing Body instructed the Administrator to prepare a draft of a schedule of budget workshops, which they would review and approve on 02/09/09.
9. ADMINISTRATOR’S REPORT:
· Southeast Monmouth Municipal Authority (SMMUA) – Update- The Administrator gave an update on the activities of the South Monmouth Municipal Utilities Authority. She noted that she would be providing the Governing Body with regular minutes from the meetings and updates, as required. She did note that the NJWSA had applied for NJEIT funding for their proposed improvements and that there was a very good chance of receiving 0% stimulus financing for this debt, which would save the rate payers a considerable amount of money.
· Property Tax Reimbursement (PTR) Program-The Borough Administrator gave an update of the state’s Property Tax Reimbursement Program, which was recently expanded to cover more of the state’s senior citizens. She noted that the state would be mailing applications to all newly eligible seniors and that the Borough’s tax office would assist all residents with their forms.
· Homeland Security Grant-The Borough Administrator informed the Governing Body that our emergency management department had received a homeland security grant, which would be used to upgrade our emergency radio equipment.
· Certified Recycling Coordinators-The Borough Administrator reviewed a letter from the state of New Jersey that addressed the new mandate that all municipalities employ a certified recycling coordinator to
continue to qualify for grant funding. She noted that Superintendent of Public Works, Art Herner, already held that certification.
10. FIRST VOICE OF THE PUBLIC – ANY BUSINESS
· Mr. Joseph Hodl, 1708 Beverly Avenue – spoke with respect to Borough communications; Mr. Hodl suggested they should all be listed on the agenda. Mr. Hodl spoke to the sidewalks on Beverly Avenue stating that he felt the new Governing Body should consider not proceeding with the project.
· Ms. Sharon Batteau, 1719 Beverly Avenue – asked about the Board of Adjustment Resolution regarding sidewalks. Councilwoman Crippen spoke to the Legislation Committee’s recommendations on the issue of sidewalks. Ms. Batteau asked about the bid process and how it would go further from this point. The Borough Administrator explained the process.