Borough of SpringLakeHeights

Minutes April 11, 2011

Meeting was called to order at 7:00 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 Deputy Clerk Mrs. Gillis along with the 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 64- 2011 Authorizing an Executive Session

Motion made to amend the Executive Session to discuss the Municipal Court agreements on consolidation only and not discuss any municipal court personnel. A brief debate was made as to the subject matter to be discussed with the Municipal Court personnel that received a “Rice Notice” Municipal Court employee’s Anna Kuntz, Court Administrator and Sandra Andrus, Deputy Court Administrator. After discussion they would be invite into closed session and the attorney thus advised the confidentially of the closed 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

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

4. Approval of Minutes

Regular Session March 7

Executive Session March 7 & March 14, 2011

Approval of Minutes / 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

Mayor Enright reminded that the Shredder will be in the School parking lot to shred papers on June 4th 9 to 1

Also a computer class on June 3oth at 10 to 12 at the school

At this time I would like to also thank the trendsetters have decided to donate to the town bike rack to be used at the community center. And we certainly thank, them for there generousdonation

Council Committee Reports

C/ Brennan on Building and Grounds complement Pw for getting the new trash and recycling stations at Allaire Road park little league I also received nice complements from the people who attended the game but the bath room at the field out side the center field fence are deplorable they do need some attention and care and I am asking authority to have our CMFO secure make payments to somebody to put in temporary situation we have at least lights it’s a safety concern something needs to be done

Mayor we are going to need a (electric) line to go in?

C/brennan part of any renovation one of a first steps would be a t

Does any body object to this approach?

Hearing no objections I now can proceed with that work

Another item is the Fletcher property in some sort it appears the environmental commission which has not met for several months decided that it should be a arboretum which is a collection of trees thus a tree farm it is a misapplication I hear d it repeatedly from a number of people not only with those that have children to acquire a property of 2.5 acres with $1.5 Million letting it stand as a tree farm is not what the community seeks or desires so. I think it time right now we have aserious open conservation to decide on what we need to do with the property as far as the extremist …on the environmental commission or former environmental I think they need to be silent on this.

Mayor Enright / John what do you suggest a meeting?

C/Brennan yes I do we should have an informational meeting with the community this is a serious discussion that we should have and because we are collecting Open Space fund to pay for this and they should be used wisely

C/B we are collecting in open space$116 to $117 thousand a year--we should find a use that best suits the needs of the community.

Mayor Enright Yes we can have a meeting John anything else no. Council Members Cindea Salary wage.

C/ Cindea, Yes -- a copy of the Salary And Wage Ordinance is in your packet and it there for your review and should any one have any concerns please contact me. also I didn’t hear back from anyone about this and it is flat with no increases and with a zero tax increase. Other wise this will go forward

Mayor Enright We are not voting on this tonight C/ Cindea no no one has gotten back to me

C/ Brennan – Ms. Cindea why are we going forward with this as we do not have a contract with the DPW why this change of heart?

C/Cindea My understanding is that we can always amend the salary & wage Ordinance if they get a raise. I can’t discuss the on going negotiations we haven’t had a tax increase since 2009 and we can make some changes in people stipends and we can discuss it with then Emergency Mgt stipend Fire Inspector, Recycling Stipend these can be discussed as i did with Mr. Brennan

C/ Brennan – I never discussed anything regarding stipend with you.

Mayor Enright Any other discussion on this

C/ Vorbach – We are only talking about committee report we not voting on this tonight \

Mayor Enright No no vote just discussion.

C/ Cindea I would like to vote on this as soon as possible so if any members have issues please let me know.

Mayor Enright C/ Diver Committee Report

C/ Diver – first thing I am very happy of the recycling pales and trash bins that are now in the park for the opening of the Little League the DPW was right over there and took care of this Also I'm pleased to report that we now have Inter Local Service Agreement with Sea Girt for a equipment which is a roll off truck if we had to purchase this item it would have cost the Borough well over $100,000 for a new roll off truck and later in the meting we will be voting to allow the Mayor to sign off on that. And at this time we are still in negotiating with the DPW and nothing else to report at this time.

Mayor Enright – C/woman King – I have no report at this time Mayor.

Mayor Enright – C/Maccanico. I like to speak on the Police Patrolman

Mayor Enright --How about when we get to that on the Agenda – C/ Maccanico Yes that would be fine.

Mayor Enright C/ Vorbach

C/Vorbach—No report at this time Mayor

Mayor Enright- I like to open the floor to the Public for the First Voice

Motion by Mr. Vorbach second Ms. King all voice aye.

John Lewis 574 Prosetect Ave SLH

I would like to submit a petition to the Governing body pursuant to N.J.S.A 40A:14-91 which requires the Borough to hold a hearing about dissolving the Fire District I will present to the Clerk

And before week is out I would be happy to provide a pack of some of the reasons why this should be done not only for financial reason but others too, If not let me know i and i won’t bother you with it.

Mayor Enright – Just so everyone knows the Petition that John gave the clerk is a petition to Dissolve the Spring Lake Heights Fire District once the Clerk receives that he will verify that all the signatures are SLH Residents Then we are required to set up a date for a hearing on that petition which will be advertized and perhaps at the next council meeting then the council would vote and if that was to pass it then would go to the Local finance Board for the Borough to assume the debt of the district and prepare an application for that with an attorney and it not just simply turning in a petition and the council voting and there is more to it than that.

Mr. Lewis for the people that don’t understand and i talked to a lot of people, in the last few weeks there is a big difference between a volunteer fire company and a fire district and all this petition would do if successful is get ride of 5 fire commissioners who now finance the Vol. fire company we would go back to the old way it was where the Borough Council Finances the fire company nothing changes for the boys on Essex Street they would still have there club house and fire trucks no ones looking to do away with that only five five commissioners.

Kathleen Crippen 564 Atlantic Ave the Environmental Commission has not met because the Clerk has not advertized the meeting schedule and we do not want to be in violation of the Open Public Meeting Act as far as the Fletcher Property being an arboretum it is not a tree farm it is a passive view with nature trails with other passive recreation picnic grounds it was determined with over a two year study included conversations with Monmouth County shade tree commission would be interested in funding and in line with a petition of residents of north end of town jennet court the Environmental commission recommend the idea to the council and the council then adopted a resolution say an arboretum was the best use of the property also with regard to the trash receptacle they were purchase thru Clean Communities grant the I and Joanne Hackett did this at no cost as volunteers while the present Coordinator of Clean Communities gets paid $32 hour. I would like to thank Mr. Diver as Chairman of Parks in Recreation to get the cans in the parks for Saturday games.

C/ John Brennan first of all I made phone calls to Mr. Herner to make sure the recycling stations were out we all know that Ms Hayduk was chair person of the Clean Communities Grant so for you to stand up she was chair per the resolution that appointed persons and the person working as the clean communities is not making 32 dollars per hour you make these things the best use of the property was made by you and handful few other people the fact of the matter what was lacking in the process of the determine the best use of the Fletcher was any effort to get the community wide discussion I can tell you without a doubt that majority people i talked to is not arboretum

is a passive use with trail you know what the way i look at that is just a attractive nuisance for teenage delinquency what we should have is something more appropriate for our community not a million and half dollar 2. 5 acre arboretum.

Mayor Enright Thank you John any one else from the public like to speak seeing no one may I have a motion to close the first voice of the public Moved by C/Cindea Second by C/King all voiced aye.

Mayor Enright Items 7 2011Municipal Budget Hearing are we doing that?

C/Cindea we are not doing the budget it was planned i would be able to introduce the budget tonight but the budget has just gone up rather than down because of tax appeals

Mayor Enright so we are skipping it and carry it to the next meeting

Mr. Brennan made a motion to carry to the next meeting and re advertize the public hearing .. Mayor Enright so then we are postponing the hearing.

Ordinances

After brief discussion between members that if they repeal the current ordinances what will be in place C/ Diver addressed the issue and explained that he will shortly introduce a new ordinance. C/ Vorbach asked that when a new Ordinance is introduced will it be up to date. Mr. Diver explained that the times have changed and that is why the Borough needs a new Ordinance.

Ms. King said that this was to be addressed last year but it was a bad time of the year and she would like to get this moving along and it needs to be repealed and Rich Diver has discussed this with me and before we start getting all entwined here we should repeal this and start fresh, and at the next meeting we will bring forth the new Ordinance. Besides the background check have become more involved.

Mayor Enright the only concern we are taking it away and we won’t have anything for a couple of weeks until we have a new one. Ms. King the problem is it is not being enforced as is its.

Mr. Brennan I just want to correct something Ms. King said regarding background checks being more cumbersome today they are less cumbersome background searches are for the volunteers working with the children they are not a difficult thing. Mr. Diver called the question. Moved by diver second king on roll call vote all members vote ayes.

ORDINANCE NO. 06-2011

AN ORDINANCE OF THE BOROUGH OF SPRING LAKE HEIGHTS REPEALING PORTIONS OF CHAPTER III OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF SPRING LAKE HEIGHTS, COUNTY OF MONMOUTH , STATE OF NEW JERSEY, ENTITLED, “REGULATIONS ENFORCED BY THE POLICE DEPARTMENT.”

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

  1. That section 3-24 entitled, Limousines and Taxis is here by repealed in entirety.
  2. Sections 3-24.1 through section 3-24.26 are here by repealed in entirely.

3. That all other Ordinances or part of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.

4. That, in the event that any portion of this Ordinance is found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the Ordinance actually adjudged to be invalid, and the remaining portion of this Ordinance shall be deemed severable therefore and shall not be affected.

5. This Ordinance shall take effect upon final passage and publication in accordance with law.

Ordinance# 06 -2011 Introduction / MOVED / SECONDED / AYES / NAYS / ABSENT / ABS
TA
I
N / I hereby certify that the above Ordinance was Introduced on First Reading and approved 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 / x
MR. DIVER / x / x
MS. KING / x
MR. MACCANICO / x
MR. VORBACH / x
MAYOR ENRIGHT

ORDINANCE NO. 07-2011

AN ORDINANCE OF THE BOROUGH OF SPRING LAKE HEIGHTS AMENDING CHAPTER II OF THE REVISED GENERAL ORDINANCES OF THE Borough OF SPRING LAKE HEIGHTS, COUNTY OF MONMOUTH, STATE OF NEW JERSEY (1987) “ADMINISTRATION”

Section 2-25 Environmental Commission

BE IT HEREBY ORDAINED, by the Borough Council of the Borough of Spring Lake Heights in the County of Monmouth and the State of New Jersey, as follows:

  1. Section 2-25.2 Members; shall be amended and supplemented to read as follows:

Section 2-25.2 Members.

The commission shall consist of seven (7) members appointed by the Mayor form a list of two (2) candidates per vacancy adopted by the Borough Council. One (1) member shall be a member of the Planning Board. All members shall be residents of SpringLakeHeights. The members shall serve without compensation except as hereinafter provided. The Mayor shall designate one (1) of the members to serve as the Chair and presiding officer of the Commission for the duration of their term. The term of the office of the first commissioners shall be for 1+, 2+ or 3+ years, to be designated by the Mayor in making his/her appointment and their successors shall be appointed for terms of three (3) years and until the appointment and qualification of their successors. The first members of the commission shall be appointed for the following terms:

2 members for 1+ year term

2 members for 2 + year term

3 members for 3 + year term

In addition the Mayor may annually appoint two (2) alternate members without necessary reference to the Council list to each serve a one (1) calendar year term without compensation. The Chairman of the Commission

Shall designate the alternate members “ Alternate No.1” and “Alternate No.2” to serve in rotation during the absence or disqualification of any regular member or members of the Commission.

The Mayor or Borough Council may remove any member of the Commission for cause, on written charges served upon the member and after the hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than expiration of the term shall be filled for the unexpired term in the same manner as the original appointment.