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EXECUTIVE SESSION – NONE DUE TO LACK OF AGENDA

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BOROUGH OF SPRINGLAKEHEIGHTS

MINUTES

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

O F

SEPTEMBER 27, 2010

SILENT REFLECTION AND SALUTE TO THE FLAG

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

Governing Body
Member / Present / Absent
Mayor Enright / X
Brennan / X
Cindea / X
Crippen / X
Kegelman / X
King / X
Maccanico / X
  1. 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.
  1. MOTION TO APPROVE AGENDA – After an initial motion by Maccanico/Crippen, Councilwoman Kegelman made a motion to add the discussion of Veteran’s Day and correspondence from Mr. and Mrs. Boehmcke to the agenda; it was seconded by Councilwoman Crippen; all yes.

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:As Amended
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X / X
MS. KEGELMAN / X
MS. KING / X
MR. MACCANICO / X / X
MAYOR ENRIGHT

Councilman Brennan commented that he was concerned that the agenda had been revised once again, and that this happens on a regular basis. Mr. Brennan did not feel that this was fair to the Council Members or to the public. He would like his fellow Council Members to be mindful to have the agenda items to the Mayor in a timely manner, so that they can go in the Friday packet.

  1. MINUTES OF PREVIOUS MEETINGS:

MOTION TO APPROVE MINUTES OF

SEPTEMBER 2, 2010 – SPECIAL MEETING

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X / X
MS. KEGELMAN / X
MS. KING / X / X
MR. MACCANICO / X
MAYOR ENRIGHT

SEPTEMBER 13, 2010 – EXECUTIVE SESSION

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X / X
MS. KEGELMAN / X
MS. KING / X
MR. MACCANICO / X / X
MAYOR ENRIGHT

SEPTEMBER 13, 2010 – REGULAR SESSION

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MR. BRENNAN / X
MS. CINDEA / X
MS. CRIPPEN / X / X
MS. KEGELMAN / X
MS. KING / X
MR. MACCANICO / X / X
MAYOR ENRIGHT
  1. SPECIAL ITEMS AND PUBLIC HEARINGS:

UPDATE ON WRECK POND – TURNER SHELL, PRINCIPAL ENVIRONMENTAL SPECIALIST,

MONMOUTHCOUNTY PLANNING BOARD

Mr. Shell gave a historical overview of issues affecting the Wreck Pond Watershed over the past five years. He noted that the crux of the problem was that the entire 6000 acres that encompass the Wreck Pond Water Shed, all drain to the ocean through Wreck Pond. In times of heavy rain, all the pollutants from those 6000 acres drain into the ocean through Wreck Pond, which has resulted in the numerous closings of area bathing beaches. In 2003 the DEP decided to take a close look at the Wreck Pond Water Shed. The DEP passed Stormwater Regulations that included a regional Stormwater Management Plan that took four years to develop. Mr. Shell pointed out that the DEP was looking for municipal participation in the plan. The dredging of Wreck Pond would not be effective unless the sources of the sediment in the pond were addressed going forward. He spoke to the recent installation of the storm drain receptacles in multiple locations. The DEP is also encouraging rain gardens, which will help the water be filtered into the ground, as opposed to the stormdrains. In Wall Twp there is a remediation project to deal with a property on Ridge Road that is a known source of pollution. The Army Corp of Engineers has become interested in the Wreck Pond Watershed; they are looking into the feasibility of dredging Wreck Pond and addressing flooding problems in the area. He noted that federal monies are not easy to get and that it is a long drawn out process. Mr. Shell pointed out that there needed to be an implementing agency for all watershed projects, which he felt should be a combined effort between local municipalities, the County, the State, and the Federal Government. Mr. Shell invited everyone to attend the monthly meetings of the Watershed group, which are held on the third Wednesday of the month at 1:00PM in Wall Twp. Mr. Shell answered numerous questions from members of the Council. Mr. Shell commented that at this time there was no requirement for funding from the municipalities. There was a further discussion of the financing requirements for the regional watershed. Mr. Shell noted that this was a draft document, which could be changed to suit the will of SpringLakeHeights. At this point, Mr. Shell was looking for two representatives from each municipality to be a part of the committee to report back to the Governing Body. Ultimately, it would be the respective Governing Bodies who would commit to any grant

agreements. Mr. Shell answered numerous questions from members of the public. Mayor Enright thanked Mr. Shell for his presentation, who noted they would like to get the group started by January and that he would work with the Governing Body on the draft Resolution.

ORDINANCE #14 -2010FEE ORDINANCE

  • CLERK TO READ THE ORDINANCE BY TITLE
  • MAYOR TO OPEN THE PUBLIC HEARING

Bill Jackwicz, Nadine Dr, commented that he was not in favor of the fee ordinance because it would cost the taxpayers more money. He asked why in the 83 year history of the Borough there was no need for a mercantile license. Mayor Enright noted that the mercantile license had actually been on the books since 1966, and some sections prior to that date. Councilwoman Crippen noted that it should be a concern that we have Ordinances on the books that are not being enforced. Councilman Brennan commented that there was no general mercantile license; he felt that what was on the books was archaic and should be repealed, not revised. Mr. Brennan spoke to a section of the code regarding a background check of the mercantile applicants; he noted that he had spoken to the Chief of Police regarding the screening. The Chief had indicated that he was not comfortable with the moral character consideration. Mr. Brennan also noted that he felt there were also issues with the state statute that provides for the issuing of mercantile licenses and that there was case law regarding preemption and on what the local government can control. Councilwoman Crippen commented that there was a provision for general licenses in present code. She elaborated on what already existed and she agreed that the language could be cleaned up. Councilwoman Kegelman commented that she had three incidents in the past week where handymen had given fraudulent permits to homeowners. Ms. Kegelman did not want the seniors in the town to be taken advantage of and that properly licensed businesses would prevent that. Mr. Jackwicz commented that he did not feel the fees would be necessary if the Borough did a proper budget. Councilwomen Crippen and Cindea commented on the fees, which merely offset the cost of services to the people who use those services. Mr. Brennan re-focused the discussion on the mercantile license. He commented on the problems of withholding a mercantile license from someone who had been previously convicted of a crime. Mr. Brennan noted that the State of New Jersey has various agencies already in place to regulate businesses.

Barbara Enright Coyle, Hwy 71 Business Owner, was willing to stand for the business owners who she felt would be squeezed out of business if fees keep going up. Ms. Coyle felt that she was already fully regulated and she felt that if SpringLakeHeights made it hard for small business owners they would move to a friendlier town. Councilman Maccanico asked what fees she pays to SpringLakeHeights, which she responded that she paid a fee for fire inspection. Councilwoman Crippen asked if Ms. Coyle felt that $50.00 fee was unreasonable. Ms. Crippen also spoke to a recently circulated flyer relating to the fee ordinance, which she felt had multiple inaccuracies. Ms. Crippen distributed a handout that addresses what she felt were those inaccuracies. Councilwoman Kegelman spoke to taxes and fees in other municipalities. Ms. Coyle felt that the license created alot of red tape that would be very time consuming for the Borough. Councilman Brennan clarified that Borough Code as written was problematic, as the Chief of Police had no idea what moral character considerations were.

Rick Roccasano, 2006 Hwy 71 Business Owner commented that he understood the purpose of the mercantile license. However, he felt that his business was already licensed and he did not feel that the

municipality would be improving protection for the public with this fee. He felt that the $50.00 annual fee would go up; he commented on behalf of the tenants in his strip mall and he felt that themercantile license would be an added burden to those businesses.

Barbara Moglia, Park Ave, asked a question on the comparison that was handed out by Councilwoman Crippen. She asked why SpringLake and Sea Girt were both not listed; Ms. Crippen responded that she did not hear back from either of those towns today.

Tom Vorbach, Ninth Ave, commented that he felt that raising fees on individuals or businesses is a bad policy in a recession and that the Council was not listening to the public who wants lower fees and taxes.

John Tully, Jason Dr, commented that the Council suspended the Ordinance on mercantile licenses in the early 80's on the advice of Counsel because of the threat of lawsuits. Mr. Tully asked how the fees in the Ordinance related to the state statute that requires fees to cover costs. Mr. Tully went through the Ordinance and asked questions on specific fees in the Ordinance; Councilwoman Crippen responded to the majority of his inquiries. Mayor Enright commented on the renting the Community Center to people outside of the community; the Mayor noted that she was not in favor of renting it to out of town residents. Mr. Tully felt that the Ordinance was replete with many problematic fees. Mr. Tully asked if there were cost studies done on each of these fees to insure they were compliant with state statute insuring that they covered actual costs. Councilman Maccanico asked Mr. Tully how he felt about fees that were not raised in many years. Mr. Tully responded that some of the fees had been raised in the past, and that there was no reason to raise them at this point in time. Councilman Brennan commented that there was alot of work being done out of people's homes; he felt that there may be different treatment of people who had a sign vs. those who do not.

Joseph Lazok, Hwy 71 Business Owner, commented on the handout by Councilwoman Crippen; he asked Ms. Crippen multiple questions on facts in the flyer, which she responded to individually. He noted that he was opposed to any new or increased fees; he also felt that the fees were being increased dramatically. In response to a comment regarding fees for use of park facilities, Councilman Brennan explained the Green Acre requirements relating to Ocean Road. Mr. Lazok had a further discussion with members of the Council regarding several items in the Ordinance. Mayor Enright commented on the moral character considerations of the Ordinance, which she was not comfortable with, as written. Mr. Lazok concluded his comments by saying he opposed the mercantile license.

John Lewis, Prospect Ave, noted that he was opposed to the Fee Ordinance because he was against increases in fees or taxes. He noted that there was no need for this fee ordinance; he felt the cost of government should be lowered not raised.

MOTION TO CLOSE THE PUBLIC HEARING

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MR. BRENNAN / X
MS. CINDEA / X / X
MS. CRIPPEN / X
MS. KEGELMAN / X
MS. KING / X / X
MR. MACCANICO / X
MAYOR ENRIGHT

MOTION TO ADOPT AND ADVERTISE IN ACCORDANCE WITH LAW

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:After the motion and second as listed, there was a discussion among the Governing Body members that resulted in the tabling of this Ordinance.
MR. BRENNAN
MS. CINDEA / X
MS. CRIPPEN / X
MS. KEGELMAN
MS. KING
MR. MACCANICO
MAYOR ENRIGHT

Motion to Table Ordinance #14-2010 was made by Brennan/Maccanico, which was followed by the following discussion: Councilman Maccanico asked if any business presently paid any licensing fees; Ms. Crippen responded that the Ordinance is on the books, but nothing was being collected. There was a further discussion on the motion to table the Ordinance and the Mayor called for the vote listed below.

MOTION TO TABLE ORDINANCE #14-2010 – FEE ORDINANCE

MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / COMMENTS:
MR. BRENNAN / X / X
MS. CINDEA / X
MS. CRIPPEN / X
MS. KEGELMAN / X
MS. KING / X
MR. MACCANICO / X / X
MAYOR ENRIGHT / X
  1. DISCUSSION ITEMS:

GENERAL BOROUGH ANNOUNCEMENTS – MAYOR ENRIGHT - Mayor Enright commented that she had received a letter from the Mayor of Spring Lake regarding the interlocal agreement for dispatch, which she would be responding to on behalf of the Borough. The Mayor commented on the success of Saturday’s Borough Flu clinic and yard sale.The Mayor also asked if the Environmental Commission could review the Resolution on opposing the Wind Turbine in Sea Girt; the Mayor noted that she would like to put it on an upcoming agenda. Councilwoman Cindea asked for clarification on who would be the Council representative at the dispatch interlocal meeting; Mayor responded that it would be Councilwoman Crippen.

LONGEVITY ORDINANCE – COUNCILPERSONS CRIPPEN AND CINDEA

Councilwoman Crippen passed out a proposed change to Borough Code 16-2.8 and she spoke to the present longevity ordinance and she commented that it would have to be negotiated out of contracts. Ms. Crippen commented that she had spoken to the labor attorney regarding the changing of longevity rates in the present Borough Ordinance. Ms. Crippen noted that while longevity would still have to be negotiated out of contracts, she felt that lowering the rates now would set a precedent for upcoming contract negotiations. Councilman Brennan commented that the idea of decreasing longevity had been kicked around for 15 years; Mr. Brennan further noted that the recent Pubic Works contract memorialized longevity rates, which had never been done before. Mr. Brennan felt that this discussion was just posturing in a political year. Mr Brennan commented that we should abolish longevity, as opposed to just lowering the rates. Maccanico commented that the Borough had two legal opinions that we could not just abolish longevity. Ms. Crippen commented that she needed guidance on how the Council wanted her to proceed; Councilwoman Cindea spoke to the importance of lowering longevity. Councilwoman Kegelman elaborated on longevity considerations for Borough workers and she supported the introduction of this ordinance. Councilman Maccanico asked how long the Public Works employees had been given longevity and there was a further discussion on longevity among the Council. The Clerk was instructed to put the Ordinance, as disseminated, on the next agenda for introduction. Mr. Brennan wanted to have the Ordinance introduced with longevity abolished. Councilwoman King asked who had granted legal opinions on the issue of longevity; there was a discussion on the legal considerations and on what this ordinance should entail. Ms. King suggested that the Council have a further discussion on the issue and get Labor Counsel involved. It was determined that Councilwomen Crippen and Cindea would come to the next meeting with recommendations on longevity.

  1. COUNCIL COMMITTEE REPORTS:
  • Councilman Brennan – None
  • Councilwoman Cindea – None
  • Councilwoman Crippen – None
  • Councilwoman Kegelmanasked if the letter delivered to the Governing Body on the Dispatch Interlocal Agreement was a public record; Mayor Enright responded that it was on file in the

office. Ms. Kegelman asked about the Park Ave. Paving project; she had concerns regarding the paving project from a resident on Park and Tenth and she disseminated a letter from the residents to the Governing Body members. Ms. Kegelman passed out a draft Resolution for discussion regarding promotions in the police department. Mayor Enright commented that she did not approve of Resolutions being handed out the night of the meeting; the Mayor also commented that she felt that the planning for police promotions should be done by the Council’s Public Safety Committee

  • CouncilwomanKing – None
  • Councilman Maccanico – None
  1. FIRST VOICE OF THE PUBLIC – ANY BUSINESS

Barbara Moglia, Park Ave, spoke to the backyard pickup of garbage. She brought a copy of the Fair Haven Ordinance regarding back yard garbage pickup. She noted that she had brought this same ordinance to the council three years ago. She gave a copy of the Ordinance to the Clerk for the Council. She also commented that she felt that new people in town were unaware of garbage collection rules; she wanted the council to authorize a letter to all residents, which would be delivered by the Public Works employees.

Rich Diver, Nadine Dr, wanted to abolish longevity if it were possible; he also felt that the benefits section of the Borough Code Book should be addressed with employees paying a larger share of benefits.