Borough of Spring Lake Heights

Minutes May 9, 2011

Meeting was called to order at 7:30 p.m. by Mayor Enright

Roll Call:

Governing Body
Member / Present / Absent
Mayor Enright / X
Brennan / X
Cindea / X
Diver / X
King / X
Maccanico / X
Vorbach / X

Also present were the Borough Clerk Mr. Kachmar and Borough Attorney Mr. John Lane

Mayor Enright read the following:

This Meeting is being held pursuant to the provision of the Open Public Meeting Law N.J.S.A. 10:4-6 et Seq. Notice of this meeting was included in a list of meetings sent to the Coast Star and the Asbury Park Press, Posted on the Bulletin Board in the Municipal Building and on the Borough’s Web site.

2. Resolution 80- 2011 Authorizing an Executive Session

.

Motion to Amend / MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N
MR. BRENNAN / x
MS. CINDEA / x
MR. DIVER / x / x
MS. KING / x
MR. MACCANICO / x
MR. VORBACH / x
MAYOR ENRIGHT
RES#64 -2011 Exec
Session / MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / I hereby certify that the above Resolution was duly adopted by the Governing Body of the Borough of Spring Lake Heights at a meeting held on April 11, 2011.
______
Municipal Clerk
MR. BRENNAN / x
MS. CINDEA / x
MR. DIVER / x / x
MS. KING / x
MR. MACCANICO / x / x
MR. VORBACH / x
MAYOR ENRIGHT

At 8:00 p.m. the Mayor and Borough Council Members returned to Regular Meeting to begin the Public Portion with

SILENT REFLECTION AND SALUTE TO THE FLAG

Mayor Enright asked everyone to remember the young lady that was killed on our Train tracks over the weekend

Open the regular meeting

3. Motion to Approve Agenda as Amended to include Resolution 82-2011 Authorizing Shore Road Lift Station Emergency Repairs Water

Motion to Amend Agenda adding Re82-2011 Moved by Cindea Seconded by King all Present voted aye

Approve Amended Agenda / MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N
MR. BRENNAN / x
MS. CINDEA / x / x
MR. DIVER / x
MS. KING / x / x
MR. MACCANICO / x
MR. VORBACH / x
MAYOR ENRIGHT

Presentation by Mayor Enright Introduced Ms. Amy Toman of the Girl Scouts of America

Ms Toman I am the leader of Troop 1517 I am here tonight to present upon behalf of our troop a certificate to the Borough for their generosity and kindness they have given the Girl Scouts over the past years for allowing us to use the Spring Lake Heights Community Center.

Therefore I would like to present to the Borough this regional Good Neighbor Award which is given for your support and dedication to the Girl Scouts with lots of thanks form all the girls.

Mayor Enright thanked them and said we are pleased you are using the community center and wished them all the best.

After a brief break for Photographs with the Girls Scouts Mayor Enright

Then moved to the next item of Business and read the following Proclamation:

BOROUGH OF SPRING LAKE HEIGHTS

Proclamation

Supporting the Click It or Ticket

Mobilization of May 23 – June 5, 2011

Whereas, there were 554 motor vehicle fatalities in New Jersey in

2010; and

Whereas, a large percentage of the motor vehicle occupants killed in

traffic crashes were not wearing a seat belt; and

Whereas, use of a seat belt remains the most effective way to avoid

death or serious injury in a motor vehicle crash; and

Whereas, the National Highway Traffic Safety Administration

estimates that 135,000 lives were saved by safety belt usage

nationally between 1975-2000; and

Whereas, the State of New Jersey will participate in the nationwide

Click It or Ticket seat belt mobilization from May 23 – June 5, 2011 in

an effort to raise awareness and increase seat belt usage through a

combination of enforcement and education; and

Whereas, the Division of Highway Traffic Safety has set a goal of

increasing the seat belt usage rate in the state from the current level

of 93.73% to 100%; and

Whereas, a further increase in seat belt usage in New Jersey will save

lives on our roadways;

Therefore, be is resolved that Mayor and Borough Council declares

it’s support for the Click It or Ticket seat belt mobilization both locally

and nationally from May 23 – June 5, 2011 and pledges to increase

awareness of the mobilization and the benefits of seat belt use.

Mayor Enright announced new plans on Central Dispatch for 911 in Neptune which we may be included also a new central office for dispatch will be built on Hospital Rd in Wall to cover the whole county.

May 25 7th & 8th Grade Students will hold youth Government day where they will become Mayor & Council and other officials for the day members of Council are invited them the Police invite them to Lunch at the Old Mill It is done very nice and the students have always done a wonderful job and bring some positive ideas on how we can improve our town I hope you can join me on the 25th.

Committee Reports

C/ Brennan None at this time Mayor

C/ Cindea – voting on Budget tonight which is a zero tax increase and the salary and wage ordinance which is also flat

C/ Diver – we are moving forward on Municipal Court consolidation also Mayor Enright has sign off on the new roll off truck agreement which saves us $150,00 and thank Art Herner and Sea Girt for there help.

C/ King – Yes the only item is the added resolution on the agenda to do repairs on the lift station and I asked Art Herner to be here tonight for a little explanation on the repairs.

Mr. Herner gave a brief outline of the repairs needed for the Shore Rd Lift Station. During the annual inspection they could not close the value so a repair was needed to make sure it can be open and closed when we need it to be.

Mayor Thanked Mr. Herner for his time tonight.

C/ Maccanico, No report at this time

C/ Vorbach, No report at this time

Mayor Enright asked for a motion for the

First Voice of the Public--- Any Business

Motion to open the floor by C/ Vorbach: Second by C/King All present on voice voted ayes.

John Laspina of Johnny Babes Taxi 39 Union Ave. Manasquan, NJ In regard to the new taxi ordinance we had a meeting with a few taxi owners.

Now you are requiring all taxi in the area to have licenses to have another license here to pick up our calls in this town we don’t need another license and your police never enforced the license requirements so why do a new taxi ordinance and there is no place other than in front of the Porch for a taxi Stand I can’t see doing this ... I think we should have had a meeting with the council first them discuss a taxi Ordinance and go over some of the other questions this way we can put it together i would like to see this tabled.

C/ Diver – there are no taxi stands and if needed the Police can establish a taxi stand.

C/ Brennan Mr. Laspina you don’t feel it’s not appropriate for us to have an Ordinance to protect our residents’?

Mr. Laspina I am already licensed in Belmar and they can’t even enforce there licenses.

Mayor Enright you are licensed in where you work

Mr. Laspina Yes

C/Diver there is a discussion that might cover the “shore area as a regional”

We want to protect our residents. The purpose of the License is that we want to know who you are. Our Concerns are about the safety of our citizens and I would happy to work with you to help work with a regional ordinance.

Mr. Laspina we have a problem with stray cabs as it is we are blind to it but we only want reasonable laws that we can comply with thank you.

Mayor Enright Ok -- Thank you

Mr. David Schneck 302 C Street Belmar Good Evening I am the Libertarian Party Member seeking the 30th Legislative District Seat. I will be around after the meeting to meet me and or sign my petition or if you want to yell at me or anything else or have any questions. Thank you.

Mayor Enright what are you running for?

Mr. Schneck Assembly

Tonya Smith I reside in Spring Lake Heights Spring Lake Garden Apartments and I represent the Coast Cities Taxi as General Manager I agree what John said about the taxi License requirement I would request this be delayed too so we can talk about it one thing is the fare at $1.50 per person within the Borough that’s not even a gallon of gas most are two or three in a car and the fare is Thank you

C/ Brennan I will not vote in favor of the Borough Setting fares.

And all your company cabs are licensed in Belmar

Ms. Smith yes

C/ Vorbach Is this Ordinance so difficult that it is so onerous that it would drive business away from Spring Lake Heights

Ms. Smith --Perhaps the charge within the town is $5.00 and $6.00 dollars to Spring Lake to Spring Lake Height most are seniors and need the service.

Also if the drivers have to have a medical exam each year that could be expensive too. I wish you would reconsider this.

Mayor Enright any other questions?

C/ King You’re licensed in Belmar? Ms. Smith Yes

Mayor Enright are there any one else who wish to speaking hearing none can I have a motion to close the floor. Moved by C/ Diver Second by C/ Cindea all present voiced aye.

Item # 7 Public Hearing on Amendment to Approved Budget Resolution 73-2011 approved on 4/25/2011

Motion to open the floor Moved Cindea Second Diver on voice vote all present voiced aye

Seeing and hearing no one Mayor Enright asked for a motion to close the hearing Moved by C/Diver Second by C/ Cindea all present voiced aye.

Ordinances

Floor was open to the Public for the public Hearing and second reading on

ORDINANCE 08-2011

Mr. John Keats owner of Squan taxi I just want you to consider tabling the Ordinance and consider my fellow Taxi owners made earlier and postpone this too.

Mayor Enright ok is there any others who wish to speak see none can i have a motion to adopt Ordinance 08.

BOROUGH OF SPRING LAKE HEIGHTS

COUNTY OF MONMOUTH

STATE OF NEW JERSEY

AN ORDINANCE FOR THE REGISTRATION AND REGULATION OF TAXIS, AUTOCABS OTHER VEHICLES ENGAGED IN THE BUSINESS OF CARRYING PASSENGERS FOR HIRE, AND THE OWNERS AND DRIVERS THEREOF AND THE BUSINESS OF OPERATING TAXIS, FIXING LICENSE FEES, AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF CREATING NEW SECTION 3.24 ET. SEQ.

WHEREAS, the Mayor and Council of the Borough of Spring Lake Heights have found that it is in the public interest and in order to ensure the safety and quality of life for all residents of and visitors to the Borough revise licensing requirements and regulate the business and operations of owners and drivers of taxis, autocabs and other vehicles engaged in the business of carrying passengers for hire within the Borough.

NOW, THEREFORE, BE IT ORDAINED by the Borough of Spring Lake Heights, County of Monmouth, State of New Jersey, as follows:

Section 1. Definitions. As used in this section:

“Borough” shall mean Borough of Spring Lake Heights.

“Driver” shall mean any person who drives a taxi/autocab within this Borough.

“Operation” of a taxi/autocab shall consist of transporting in such taxi/autocab of one or more persons for hire. A taxi/autocab which is operated or run, over any of the streets within the Borough, to seek or accept passengers for transportation from points or places to points or places within or outside the Borough or which transports a passenger or passengers from outside the Borough into the Borough for discharge shall be deemed to be operation of a taxi/autocab within the Borough. A taxi/autocab parked or idling on a Borough street or accepting any passenger for hire from a point of departure within the Borough shall be deemed to be operation. Operation of a taxi/autocab by one other than the owner shall be deemed operation by the owner, as well as operation by the person actually driving the taxi/autocab. The transportation in or through the Borough of any person other than the owner or driver of any motor vehicle bearing signs therein or thereon using the words “taxi,” “taxi,” “cab,” “jitney”, “car service”, “livery”, “hack”, “dial a ride”, “call a ride”, “transport”, “transport vehicle”, “car service” or “transportation” shall be prima facie evidence of operation.

“Owner” shall mean any person, corporation, business entity or association in whose name title to any taxi/autocab is registered with the New Jersey Motor Vehicle Commission, or who appears in any governmental records to be the conditional vendee or licensee thereof.

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“Person” means and includes any individual, co-partnership, limited liability company, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.

“Taxi/Autocab” shall mean and include any autocab, automobile, van, motor car or autobus with a seating capacity of not more than fourteen (14) passengers not including the driver, any vehicles commonly called taxi, taxicab, cab or car service, that are engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run, or which is operated or run, over any of the streets within the Borough and which accepts or discharges passengers for transportation from points or places to points or places within or outside the Borough.

Section 2. Requirement of taxi/autocab owner or operator license

No person or corporation shall hire out, keep, or use for hire or compensation any taxi/autocab within the Borough unless both the taxi/autocab and the driver thereof are licensed in the Borough in accordance with this section and said person or corporation conforms to all other laws and regulations of the state of New Jersey.