Executive Session 6:30P.M. Resolution # 124-2008

EXECUTIVE SESSION – 6:30P.M. RESOLUTION # 124-2008

DISCUSSION SESSION – 7:30 P.M.

======

Discussion Session: Began at 7:36 PM

All present.

Mayor Malick reviewed the Agenda. Resolutions #130-2008 and #132-2008 were pulled from the Agenda. Ordinance #06-2008 - Establishing Salaries and Wages for 2008 without the Memorandum of Agreement for Ms. Casagrande was included on the Agenda for Introduction. Borough Administrator/Clerk Casagrande’s letter of resignation pertaining to her duties as Borough Administrator was added to the Agenda. Resolution #121-2008 was discussed and it was agreed that a copy would only be forwarded to the school.

Discussion Session was adjourned at 7:56 PM

ON MOTION: by Martin/MaccanicoAYES: All Yes

B O R O U G H O F S P R I N G L A K E H E I G H T S

M I N U T E S

======

R E G U L A R M E E T I N G

O F

AUGUST 18, 2008

SILENT PRAYER AND SALUTE TO THE FLAG

1.ROLL CALL: 8:00 P.M.

MAYOR:MALICK - Present

COUNCIL

CRIPPEN - Present

KEGELMAN - Present

MACCANICO - Present

MARTIN - Present

MCLEAN - Present

O’BRIEN - Present

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 MUNICIPALBUILDING AND ON THE BOROUGH WEB-SITE.

MOTION TO APPROVE AGENDA

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X / X
MAYOR MALICK

MINUTES OF PREVIOUS MEETINGS:

MOTION TO APPROVE MINUTES OF

JULY 28, 2008 – EXECUTIVE SESSION

JULY 28, 2008 – REGULAR SESSION

AUGUST 11, 2008 – SPECIAL MEETING

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X / X
MAYOR MALICK

SPECIAL ITEMS AND PUBLIC HEARINGS:

COMMUNICATIONS:

POLICE REPORT FOR THE MONTH OF JULY, 2008

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Receive and file.
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X
MAYOR MALICK

COURT REPORT FOR THE MONTH OF JULY, 2008

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Receive and file.
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MARTIN / X
MR. MCLEAN / X / X
MR. O’BRIEN / X
MAYOR MALICK

BOROUGH ADMINISTRATOR LETTER OF RESIGNATION – MOTION TO ACCEPT

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Theresa S. Casagrande read a letter of resignation dated August 18, 2008 making the effective date of her resignation as Borough Administrator September 1, 2008.
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X / X
MR. MARTIN / X
MR. MCLEAN / X / X
MR. O’BRIEN / X
MAYOR MALICK

COUNCIL COMMITTEE REPORTS:

ADMINISTRATORS REPORT:

Taxes – The Borough Administrator gave an overview on the interface between the recent reassessment and the 2008 tax bills. Ms. Casagrande addressed the breakdown of the total tax rate and the breakdown of the alignment of total tax bills.
Water Storage Memo – The Borough Administrator reported on the Borough’s total water storage capabilities in response to a question that was raised by Mr. Maccanico at a previous meeting. It was reported that the Borough had the capacity to store one day’s worth of water in the summer and 1.5 days in the winter.
New Jersey Natural Gas Street Opening Permit Application – The Borough Administrator gave an overview of the prevailing considerations relating to a previous street opening request on Highway 71from NJNG and the after action involved with that request. She also gave an overview of a similar request that was recently submitted for an upcoming project on the south end of town. It was the recommendation of the Borough Engineer that he determine the appropriate fees for both projects and that NJNG post a $10,000 bond to ensure the integrity of the road repairs. The Governing Body concurred with that recommendation.

VOICE OF THE PUBLIC

Ms. Sharon Batteau – 1719 Beverly Avenue – Submitted a letter dated August 15, 2008 and asked to read it into the record. Permission was granted.
Mr. Ed McGuirk – 1208 Allaire Road – Asked a question regarding the buffer zone between his property and the Fletcher Property. The Borough Attorney addressed the considerations related to any request for a buffer.
Mr. Joseph Hodl – 1708 Beverly Avenue – Expressed opposition to the installation of sidewalks; he asked about policy and guidelines regarding the installation. Mr. Hodl also asked about Mr. Jack Cassidy of Brighton Avenue who sent a letter of opposition to the sidewalks in June; Mr. Hodl wanted to be sure the letter was added to official consideration.
Ms. Mary Skinner – 1703 Beverly Avenue – Ms. Skinner spoke on the Beverly Avenue sidewalk issue. She expressed opposition to the sidewalk due to the loss of trees involved.
Mr. James Avery – 1811 Beverly Avenue – Mr. Avery was interested in the timeline associated with the Beverly Avenue sidewalk issue. The Borough Administrator explained the most likely timeline.
Ms. Jane Caughey –1805 Beverly Avenue – Expressed opposition to the sidewalk installation on Beverly Avenue.
Ms. Colleen Avery – 1811 Beverly Avenue – Ms. Avery wanted to know how they would be informed of any decisions regarding the sidewalk issue. The Mayor responded that residents would be given hand delivered notices of an upcoming meeting with the residents.
Ms. Mary Skinner – 1703 Beverly Avenue – Ms. Skinner asked how it was determined that Beverly Avenue would be repaved with curbs and sidewalks. The Borough Administrator explained the process involved with applying for and receiving DOT grant monies.
Mr. Joseph Hodl – 1708 Beverly Avenue – Mr. Hodl reiterated his opposition to the sidewalks.
Mr. Ralph Sinisi – 1709 Beverly Avenue – Mr. Sinisi suggested a no sidewalk plan for Beverly Avenue.
Mr. James Martin – 904 Shore Road – Asked about the resignation of the Borough Administrator and the status of the budget. Mr. Martin commented on the determination of the Buffer Zone on Beverly Avenue. Mr. Martin asked about the Water Rate Study, the Fire District Rates, testing on Shore Road and shared services activities. The Mayor and the Borough Administratorresponded.
Ms. Sara King – 716 Pitney Drive – Ms. King had several questions regarding the Recreation Commission. Mayor Malick responded. Ms. King stated that she did not feel that things are being properly handled as it relates to the Recreation Commission. Ms. King asked about Mr. Bart McInerney’s status with the Recreation Commission. She asked who maintained the financial records for the Recreation Commission. The Mayor and the Borough Administrator responded to her inquires and the Administrator explained the process for requesting public records.
Mr. Tony Tumminia – 552 Prospect Avenue – Mr. Tumminia asked a question regarding the reassessment and what the governing body was going to do regarding the Public Contract negotiations. Mr. Tumminia said that his property taxes went up 40% and wants to file an OPRA request for all the salaries of public employees in the Borough. Mr. Tumminia asked rhetorically what the public did wrong regarding salaries and taxes. Further, Mr. Tumminia wanted to know if initiatives and referendums were a possibility and expressed an interest in increasing voter awareness. The Borough Administrator and Borough Attorney explained the different forms of government and how that relates to initiative and referendum.
Mr. John Lewis – 574 Prospect Avenue – Mr. Lewis commented on the SLHTaxpayer.org website that he created. He also commented on the election dates on the Borough Calendar.
Mr. James Shuler – 804 Shore Road – Mr. Shuler commented on whether Borough employees had to follow the laws regarding traffic. The Mayor and Borough Attorney confirmed that they did and advised Mr. Shuler to report violations to the police or the Borough Administrator.
Ms. Rita Murphy – 506 Highway 71 – Ms. Murphy commented on the purchasing of a fire truck and discussed the truck’s cost. Ms. Murphy expressed support for the Beverly Avenue residents regarding the removal of trees. She expressed her opposition for the payment of health benefits for family coverage for Borough employees and she felt that school taxes are too high.
Mr. John Lewis – 574 Prospect Avenue – Mr. Lewis mentioned his credentials as Deputy Fire Chief in Hoboken, New Jersey and spoke to his expertise on fire equipment.

VOICE CLOSED BY Martin/McLean at 9:29 PM; All Yes

UNFINISHED BUSINESS:

Appointment of COAH Municipal Housing Liaison– Pending - Council
Public Agency Review Results – Appointment of Public Agency Compliance Officer– Pending – Council
Deferred Compensation Plan – 457b – Pending – Finance Committee
Sidewalk Ordinance 22-507 – Pending – Legislation and Grants Committee
Joyce – Borough Property Purchase Request – Pending - Council
Off-site Record Storage – Pending - Website/Technology Committee
Spring LakeGolf Club – Sidewalk Inquiry – Pending - Borough Attorney

NEW BUSINESS:

ORDINANCE #4-2008ORDINANCE AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION IN THE AMOUNT OF $19,000 FOR THE CODIFICATION OF ORDINANCES OF THE BOROUGH OF SPRING LAKE HEIGHTS, IN THE COUNTY OF MONMOUTH, NEW JERSEY.

MOTION TO INTRODUCE AND ADVERTISE IN ACCORDANCE WITH THE LAW

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Introduce and advertise.
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X / X
MR. O’BRIEN / X
MAYOR MALICK

MOTION TO SET THE PUBLIC HEARING FOR SEPTEMBER 8, 2008 @ 8:00PM, OR THEREAFTER

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Set public hearing.
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X / X
MR. O’BRIEN / X
MAYOR MALICK

ORDINANCE #5-2008BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF LAND AT 1200 ALLAIRE ROAD FOR USE FOR OPEN SPACE CONSERVATION AND RECREATIONAL PURPOSES IN AND BY THE BOROUGH OF SPRING LAKE HEIGHTS, IN THE COUNTY OF MONMOUTH, NEW JERSEY, APPROPRIATING $1,500,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,350,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF

MOTION TO INTRODUCE AND ADVERTISE IN ACCORDANCE WITH THE LAW

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Introduce and advertise.
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X
MAYOR MALICK

MOTION TO SET THE PUBLIC HEARING FOR SEPTEMBER 8, 2008 @ 8:00PM, OR THEREAFTER

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Set public hearing.
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X
MR. MCLEAN / X / X
MR. O’BRIEN / X / X
MAYOR MALICK

ORDINANCE #6-2008AN ORDINANCE OF THE BOROUGH OF SPRINGLAKEHEIGHTS

ESTABLISHING SALARIES AND WAGES FOR 2008

MOTION TO INTRODUCE AND ADVERTISE IN ACCORDANCE WITH THE LAW

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Introduce and advertise.
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X / X
MAYOR MALICK

MOTION TO SET THE PUBLIC HEARING FOR SEPTEMBER 8, 2008 @ 8:00PM, OR THEREAFTER

RESOLUTION #121-2008PROCLAIMING SEPTEMBER 21ST AS THE INTERNATIONAL DAY OF PEACE

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X
MR. MCLEAN / X
MR. O’BRIEN / X / X
MAYOR MALICK

RESOLUTION #126-2008REFUNDING DUPLICATE TAX PAYMENTS

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X
MAYOR MALICK

RESOLUTION #127-2008IMPLEMENTING CORRECTIVE ACTION PLAN IN CONNECTION WITH THE 2007 AUDIT

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X / X
MAYOR MALICK

RESOLUTION #128-2008AUTHORIZING OUTSIDE EMPLOYMENT FOR BOROUGH EMPLOYEE

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X / X
MAYOR MALICK

RESOLUTION #129-2008APPOINTING BOROUGH EMPLOYEE TO REGULAR STATUS

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X
MAYOR MALICK

RESOLUTION #130-2008AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH ARTHUR HERNER

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Removed from the Agenda during the Discussion Session.
MS. CRIPPEN
MS. KEGELMAN
MR. MACCANICO
MR. MARTIN
MR. MCLEAN
MR. O’BRIEN
MAYOR MALICK

RESOLUTION #132-2008AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THERESA S. CASAGRANDE

RESOLUTION #133-2008AUTHROIZING THE PLACE-TO-PLACE TRANSFER OF THE ABC LICENSE HELD BY THE SPRING LAKEGOLF CLUB

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X / X
MR. O’BRIEN / X
MAYOR MALICK

EVENT REQUESTS:

JOHN C. AND PHYLLIS ELSTON, 568 JERSEY AVENUE, LIVE MUSIC, SEPTEMBER 5, 2008, 5:00 PM TO 7:00 PM

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X / X
MR. O’BRIEN / X
MAYOR MALICK

LICENSES AND PERMITS:

RAFFLES:

RESOLUTION #125-2008AUTHORIZING A SPECIAL PERMIT FOR SOCIAL AFFAIR – INDEPENDENT FIRE COMPANY NO. 1

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X
MAYOR MALICK

RESOLUTION #131-2008AUTHORIZING A SPECIAL PERMIT FOR SOCIAL AFFAIR – MAKE-A-WISH FOUNDATION

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X / X
MAYOR MALICK

#26-2008ST. VINCENT ACADEMY ALUMNAE ASSOCIATION – OCTOBER 25, 2008 – 11:00 AM – 3:00 PM - SPRING LAKE GOLF CLUB – ON-PREMISE 50/50

#27-2008ST. VINCENT ACADEMY ALUMNAE ASSOCIATION – OCTOBER 25, 2008 – 11:00 AM – 3:00 PM - SPRING LAKE GOLF CLUB – ON-PREMISE GIFT AUCTION

#28-2008INDEPENDENT FIRE COMPANY NO. 1 – SEPTEMBER 7, 2008 – 10:00 AM – 6:00 PM – 700 6TH AVENUE – ON PREMISE 50/50

#29-2008COUNT BASIE THEATRE INC – SEPTEMBER 20, 2008 – 11:30 AM – 7:30 PM – SPRING LAKEGOLF CLUB – ON PREMISE 50/50

#30-2008AIDS RESOURCE FOUNDATION FOR CHILDREN – SEPTEMBER 28, 2008 – 2:00 PM – DOOLANS – ON PREMISE MERCHANDISE RAFFLE

#31-2008AIDS RESOURCE FOUNDATION FOR CHILDREN – SEPTEMBER 28, 2008 – 1:00 PM – DOOLANS – ON PREMISE SPECIAL MERCHANDISE RAFFLE

#32-2008AIDS RESOURCE FOUNDATION FOR CHILDREN – SEPTEMBER 28, 2008 – 4:30 PM – DOOLANS – ON PREMISE 50/50

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS: Vote applicable to Raffles 26-2008 through 32-2008.
MS. CRIPPEN / X
MS. KEGELMAN / X / X
MR. MACCANICO / X
MR. MARTIN / X / X
MR. MCLEAN / X
MR. O’BRIEN / X
MAYOR MALICK

PURCHASE AUTHORIZATIONS:

FINANCIAL RESOLUTIONS:

MOTION MOVE BILLS TO THE FINANCE COMMITTEE

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X
MR. MCLEAN / X
MR. O’BRIEN / X / X
MAYOR MALICK

MOTION - DRAW VOUCHER WARRANTS

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MS. CRIPPEN / X
MS. KEGELMAN / X
MR. MACCANICO / X
MR. MARTIN / X
MR. MCLEAN / X / X
MR. O’BRIEN / X / X
MAYOR MALICK

ADJOURNMENT:

ON MOTION BY:Martin/McLean at 9:41 PM;ALL YES

SIGNED:

THERESA S. CASAGRANDE

BOROUGH ADMINISTRATOR/CLERK