City Council
Regular MeetingKeyport, NJ · September 20, 2011
Minutes
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September 20, 2011
Keyport, New Jersey
Minutes of the Regular Meeting of the Mayor and Council, Borough of Keyport, held on the
above date in the Borough Hall Council Chambers, Keyport, N.J., pursuant to the adoption of
the Annual Notice on file with the Borough Clerk, forwarded to the Asbury Park Press,
Independent, Two River Times and Newark Star Ledger and posted on the Bulletin Board in
accordance with the Open Public Meeting Act, P.L. 1975, Ch. 231.
Mayor McLeod called the meeting to order at 7:00PM. and Borough Clerk read the Sunshine
Law Notice.
ROLL CALL
On Roll Call the following were present: Councilmembers Bolte, Sefcik, Chamberlain, Sheridan,
Ambrose Toglia, Mayor McLeod. Others present: CFO, Tom Fallon, Borough Administrator Ms.
Wright, Borough Attorney, John T. Lane
PRESENTATION
By Keyport Garden Club – Ann Boyce would like to address area in front of port-a-john area will
be scraped out by DPW and all other work will be done by volunteers. Work will begin at the
end of October. Pavers will be used so surface will be pervious. Grasses and shrubs will be
salt-water resistant.
Administrator explained that the plants should be no taller than 18” for the site line.
Administrator read titles of resolutions on the consent agenda and explained what they are.
CONSENT AGENDA
(All resolutions listed hereunder are considered to be routine in nature and will be enacted in
one motion. Any person may request that an item be removed for separate consideration.)
R226-11 Payment of Bills
R227-11 Accepting the Sponsors for the 2011 Keyportfest 5K Race
R228-11 Application for a Raffle License – Keyport Cultural Celebration Committee-
Tricky Tray – October 8, 2011 from 12 Noon to 6PM
R229-11 Application for Raffle License – Keyport Cultural Celebration Committee (KCCC)
50/50 Cash – October 8, 2011 from 12 Noon to 6PM
R230-11 Application for Raffle License – St. Mary’s Church – 50/50 Cash –October 9, 2011
from 12 Noon to 5PM – Rain date October 16th
R231-11 Authorizing a Wedding to Be Held On November 5, 2011 at Waterfront Park Gazebo
– Gormley/Rudolph
R232-11 Authorizing a Wedding to Be Held On November 5, 2011 at Waterfront Park
Gazebo – Jimenez/Catalano
R233-11 Reducing the Performance Guarantee for Block 35, Lot 2, 322 Beers Street
R234-11 Authorizing Execution of Letter of Intent from the Monmouth County Division on
Aging, Disabilities and Veterans Services for year three of the 2010-2012 grant for the
Keyport Senior Center
R235-11 Authorizing Approval of Submission of Grant Application and Execution of Grant
Agreement with the New Jersey Department of Transportation for the Osborne Street
Improvement Project
R236-11 Accepting Proposal of Beacon Planning & Consulting Services for Professional
Planning Services for a Redevelopment Plan of the Old Borough Hall
R237-11 Authorizing the Borough Administrator to Enter into an Agreement with Shorelands
Water Co., Inc. for the Purpose of Securing Legal Services for the Monitoring of
Compliance with the 2007 Agreement with NJ American Water Company
R238-11 Governing Body Certification of the Annual Audit
PUBLIC COMMENT PORTION
Motion made by Mr. Sheridan, second by Mr. Chamberlain with ayes by all present to open the
meeting was opened to the public for comments or questions at 7:16P.M.
Betty Schriber, 231 Atlantic Street, thanked all for the beautiful ceremony of 9-11. Did not
know about the new monument there; asked about plans for the plaque.
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September 20, 2011, page 2
Administrator Wright explained that donation request is on the web page
Ms. Bolte explained it is the Firemen’s monument.
Bill Heller, Union Beach thanked Council for BRSA resolution opposing wind turbine. Spoke of
the turbine route – 168,000 pounds is the heaviest load which will go down maple place.
Attorney Lane stated that no road around the area is rated for that amount of weight.
Mr. Heller spoke of the noise from the turbine at 1,500 feet away. He lives 1,900 feet from
where the turbine will be.
Mike Lane, 51 First Street, asked expense of route 236 Beacon Planning.
Mayor explained cost is $5,000
Salvatore Costanza – Local 68 representatives spoke of an agreement being reached back in
July. Still waiting for agreement to be ratified.
Mayor explained Mr. Reilly, Borough’s Labor Attorney, is waiting for a response from the Union’s
attorney.
Sal Costanza stated the arbitration should not delay the ratification of the agreement. A
memorandum of agreement is part of the contract.
Mayor replied unless someone brings up other issues that have not been resolved. There are
issues that have been raised unless there is a lack of agreement.
Mr. Costanza continued to explain his position but the Mayor stated his position just explains
there are open ends.
Barbara Hassmiller, shop steward – asked which contract is in question.
Administrator Wright the dispatch/DPW contract. Ms. Wright said the clerical contract will be
on the next agenda
Elmer Graham Jr, 22 St. Peter’s Place - asked about the Annual Audit Certification.
Mayor explained the Audit Certification.
APPROVAL OF RESOLUTIONS
Motion on the Consent Agenda made by Ms. Bolte, second by Mr. Sheridan
Roll Call: Ayes: Councilmembers Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
Nays:
Abstain:
Absent:
APPROVAL OF MINUTES
June 21, 2011 – Regular
Motion to approve moved by Mr. Sheridan, second by Mr. Toglia
Roll Call: Ayes: Councilmembers Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
Nays:
Abstain:
Absent:
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September 20, 2011, page 3
August 16, 2011 – Regular
Motion to approve moved by Mr. Sheridan, second by Mr. Toglia
Roll Call: Ayes: Councilmembers Bolte, Chamberlain, Sheridan, Ambrose, Toglia
Nays:
Abstain: Councilwoman Sefcik
Absent:
INTRODUCTION OF ORDINANCES
1. Ordinance – Dissolving Keyport Municipal Court
The Clerk reads the Ordinance by Title:
AN ORDINANCE TO REPEAL SECTION 2-4.1 THROUGH 2-4.3 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT DISSOLVING THE BOROUGH
OF KEYPORT MUNICIPAL COURT
Motion was made by Mr. Sheridan, second by Ms. Sefcik with ayes by all present to open the
meeting to the public for comments or questions at 7:41 P.M.
Councilman Sheridan asked costs – Mayor explained going in it will be about $60,000.
Figures are based on the previous five years.
Administrator Wright explained this has been an effort on the part of several municipalities –
Keyport, Hazlet and Matawan. Numbers were gathered by each Administrator and reviewed by
each CFO. Savings is projected over the actual costs over the last five years. Some of our
2011 costs are skewed due to shared service with Matawan’s Court Administrator and per diem
Deputy. Hazlet has video conferencing which Keyport does not have.
Mayor explained savings window could fluxuate between $57,000 and $99,000.
Mr. Sheridan asked when it was know that this was really going to happen since the Police
Chief was unaware of it.
Mayor – security will be provided by Hazlet.
Attorney Lane explained a case cannot be tried by video and prisoners must be present for
certain sentencing. Most cases will be done by video conferencing. There are a few trials in
municipal court. Most cases are pleaded out.
Cost for Keyport to have video conferencing would be $7,000 to $10,000.
Mayor – only suggestion he would make is to introduce and then ask any questions in the
couple of weeks before Introduction. Agreement was amended up until last night. Does believe
the general savings is significant.
Councilwoman Bolte explained it is an eight-year contract which allows a municipality to back
out with a one-year notice.
Councilman Sheridan would like a memo by the next meeting from CFO, Tom Fallon, to get a
better explanation of the costs and savings.
Councilwoman Bolte would like a memo from the Chief
Motion to introduce Ordinance moved by Ms. Ambrose, second by Mr. Toglia
Roll Call Vote: Ayes: Councilmembers Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
Nays:
Absent:
Abstain:
September 20, 2011, page 4
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Motion authorizing the Clerk to publish the Ordinance as introduced, in the Asbury Park Press
for a Hearing to be held on October 4, 2011 was made by Mr. Sheridan, second by Mr.
Chamberlain
Roll Call Vote: Ayes: Councilmembers Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
Nays:
Absent:
Abstain:
2. Ordinance – Creating Joint Municipal Court
The Clerk reads the Ordinance by Title:
AN ORDINANCE ESTABLISHING A JOINT MUNICIPAL COURT FOR THE BOROUGH OF
KEYPORT, BOROUGH OF MATAWAN AND TOWNSHIP OF HAZLET AND APPROVING AN
AGREEMENT CONCERNING THE JOINT MUNICIPAL COURT
Motion to introduce Ordinance moved by Ms. Sefcik, second by Mr. Sheridan
Roll Call Vote: Ayes: Councilmembers Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
Nays:
Absent:
Abstain:
Motion authorizing the Clerk to publish the Ordinance as introduced, in the Asbury Park Press
for a Hearing to be held on October 4, 2011 was made by Mr. Sheridan, second by Ms. Sefcik.
Roll Call Vote: Ayes: Councilmembers Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
Nays:
Absent:
Abstain:
COMMUNICATIONS AND PETITIONS
1. Letter of Resignation from Substitute Crossing Guard Debra Ann Zarkivach
Motion to accept and receive with regret moved by Mr. Sheridan, second by Ms. Sefcik with
ayes by all present.
2. Letter from resident of Broad Street regarding the condition of Broad Street
Administrator Wright explained County has declared a no-passing zone by the schools on Broad
Street. This led to notice of the condition of Broad Street.
Motion to receive and file moved by Mr. Sheridan, second by Ms. Bolte with ayes by all present.
3. Letter from Recreation Chairman and KCCC President requesting waiver of local fees for
Tricky-tray and 50/50 Cash raffle licenses
Motion to approve moved by Mr. Sheridan, second by Ms. Sefcik with ayes by all present.
4. Letter from KBA board member Joe Wedick regarding the Keyport Business Alliance
Mayor read the letter from Mr. Wedick regarding the KBA aloud.
Councilwoman Bolte explained two years ago when she was a Board member all inquiries had
to be made through the Attorney. She wondered when the protocol had changed. She
reminded Mayor has the power to with hold the assessment.
Councilman Toglia would like not to withhold the assessment. Feels they have done a lot of
good things.
Councilman Sefcik explained this has been going on for years. No one is villenizing anyone.
Discussion ensued between Councilwoman Bolte and Councilman Toglia as to whether he will
be getting paid to play at the Country Jamboree.
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September 20, 2011, page 5
Motion to receive and file moved by Mayor McLeod, second by Ms. Bolte with ayes by all
present.
REPORTS OF DEPARTMENTS
1. Borough Clerk’s Monthly Report for August 2011
2. Tax/Water/Sewer Collector’s Report for July and August 2011
3. Building Department Monthly Report for August 2011
4. Board of Health Treasurer’s Report for August 2011
On file in Borough Clerk’s office for review.
Motion to receive and file all reports as read, moved by Mr. Sheridan, second by Mr
Chamberlain with ayes by all present.
COMMITTEE REPORTS
Councilwoman Bolte: Public Works/Recycling/Property Maintenance Ms. Bolte reported on the
following:
- garbage is still being picked up in garbage bags although there was a meeting with the
sanitation company
- Requesting that the Mayor authorize the purchase of a bench at the Waterfront for Eloise
Schank.
Councilwoman Sefcik: Health and Recreation: Ms. Sefcik reported that this Saturday morning is
Keyport’s 5K race. Almost 200 runners have shown up.
Councilman Chamberlain: Fire/First Aid/Emergency Services: Mr. Chamberlain read the Fire
Department calls and Keyport First Aid calls.
Mr. Chamberlain reported that the First Aid Cadets took Judge’s award at NJ Firemen’s
convention in Wildwood.
Councilman Sheridan: Police: Mr. Sheridan read number of police calls. Would like to add
Jackson Street parking to discussion as item #4.
- Next presentation on October 3rd at the Steamboat Dock Museum
- Still looking for homes for the December annual house tour.
Councilwoman Ambrose: Finance/Grants/Redevelopment: Ms. Ambrose reported that the
Finance Committee will be meeting first week in October to get budget going.
Councilman Toglia: Buildings/Grounds/Library: Mr. Toglia reported that the State statue
requires annual audit for library. Ron Gardner is doing the audit to bring the library into
compliance. Library would like to convert old boiler from oil to gas. Moratorium on opening
Third Street since it was approved.
Administrator Wright proposes an inter-agency agreement to do their finances for them and
have an audit conducted. When the Borough collects monies for other entities, there is a
requirement tat they be audited. Library is its own entity.
DISCUSSION
1. Meeting Protocol Policy
Mayor stated all council has received a copy of Howell’s meeting protocol policy which the
Mayor summarized.
Mr. Sheridan does not like imposing time limits on the residents and he doesn’t like that
resident’s can only address the mayor at the meeting.
Mayor suggests a one page protocol to be distributed to all Council for suggestions.
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September 20, 2011, page 6
2. Keyport Municipal Survey
Council would like something to go out in the next water bill in the middle of December.
Ms. Sefcik suggested that email addresses be requested on the survey and a list be
developed.
3. Green Team Appointments
Community Developers Coordinator was overseeing this program however she is no longer
here. Environmental Commission is now willing to take a more active role.
2011 Green Team – George Sappah, Robin Sheridan, Ken DeGroat, George Strang,
John Olsen, John Ambrose- Planning Board and Environment Commission, School Board,
Business Administrator, Councilwoman Sefcik, Mayor, Ken Howe – Environment
Commission, member of Garden Club
Ann Boyce – Garden Club will take it up at their next meeting
Administrator Wright suggested a Shade Tree Committee. There is a Community Forestry Plan
which has been in place.
Mayor would like to merge the Green Team and the Shade Tree Committee.
4. Jackson Street Traffic recommendation
Jackson Street traffic recommendations: Chief Casaletto recommends one side of the street
parking. Mr. Sheridan would like to go to one-side of the street parking and abolish the
resident permit parking. That would eliminate one administrative task for the Police
Department.
UNFINISHED BUSINESS
Mr. Sheridan – Hurricane Irene Steamboat Dock museum – suffered a $750 loss and their
deductible is more than that. Councilman Sheridan would like to know if the Borough could
reimburse them,
Ms. Sefcik asked about the Kiosk at Waterfront Park. Administrator Wright stated that she will
report on it at the next meeting.
ADMINISTRATOR’S REPORT
No report.
ATTORNEY'S REPORT
No report.
PUBLIC COMMENT PORTION
Motion made by Mr. Sheridan, second by Ms. Sefcik with ayes by all present to open the
meeting was opened to the public for comments or questions at 9:23P.M.
Mike Lane, 51 First Street, concerned about any time limit imposed on residents who wish to
speak. Mr. Lane suggested posting survey online with the link posted in the water bill. Another
option would be to allow residents to download survey and sent it in, either by email or regular
mail. Mr. Lane asked if anything had come of the meeting with SID and Borough with the
mediator.
Bob Burlew, stated that residents on Jackson Street park in front of their houses, not in their
own driveway on the days there are athletic games in the fields. Parking passes don’t work
there anymore. Mr. Burlew feels that the Borough should go back to one side of the street
parking.
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September 20, 2011, page 7
Ken McPeek, 224 Division Street, agrees with Mr. Burlew about having one-side of the street
parking. Mr. McPeek suggested making a gate for emergency vehicles.
George Walling, 54 Second Street, asked about fire hydrants being wrapped in burlap. Why
would they be wrapped in burlap, is it a cost-savings measure?
Ed Carew, 64 Broadway – handed out pamphlets regarding the ASK project at the Waterfront.
Regarding rules for protocol, stated protocol between Councilmembers over the last few years
has been embarrassing. Thinks protocol can be controlled by the Mayor. That is his
responsibility. Blatant disrespect should not be tolerated.
Elmer Graham Jr., 22 St. Peter Place – suggested putting survey not only online but would like
it mailed as well since not all residents have a computer.
There being no more comments or questions from the public, the meeting was closed to the
public at 9:43 P.M
Motion made by Mr. Sheridan, second by Mr. Chamberlain to go into closed session after a
three minute break with ayes by all present
The meeting was reconvened into closed session at 9:46pm
CLOSED SESSION
R 239A -11 - Closed Session Resolution:
RESOLUTION NO. 239A-11
CLOSED EXECUTIVE SESSION
WHEREAS, the Open Public Meetings Act, P.L. 1975, Chapter 231, permits the
exclusion of the public from a meeting in certain circumstances; and
WHEREAS, Mayor and Council of the Borough of Keyport are of the opinion that such
circumstances presently exist; and
WHEREAS, the Governing Body wishes to discuss:
• Personnel
– Police Department
• Contract
- BRSA Service
- Building Remediation
- Billboard Lease
- Contract – Paetec
• Attorney Client Privilege
- Ad Hoc Bid Committee
NOW, THEREFORE, BE IT RESOLVED by the Governing Body that a meeting of the
Mayor and Council shall be held forthwith from which the public shall be excluded in the Council
Chambers, Borough Hall, for the purpose of discussing the above-mentioned items.
BE IT FURTHER RESOLVED that discussions on Personnel, Contracts, Attorney Client
Privilege be conducted at said Closed Session shall be disclosed when the matters discussed
are resolved and this meeting shall continue in approximately 20 minutes.
Offered for adoption by: Ms. Sefcik, Seconded by: Mr. Sheridan
Roll Call Vote: Ayes: Councilmembers Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
Nays:
Absent:
Abstain:
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September 20, 2011, page 8
Came out of Closed Session
Motion was made by Mr. Sheridan, second by Ms. Sefcik with ayes by all present to add
Resolution number 239-11 to Reject Bids for Building Remediation and Authorize Re-advertising
to Bid.
ADJOURNMENT
Motion to adjourn was made by Mr. Sheridan, second by Ms. Sefcik with ayes by all present at
10:51pm
Agenda
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Complete BOROUGH OF KEYPORT
REGULAR SESSION MEETING AGENDA
TUESDAY, SEPTEMBER 20, 2011, 7:00 P.M.
MUNICIPAL COMPLEX, COUNCIL CHAMBERS
70 W. FRONT STREET, KEYPORT, NJ
CALL TO ORDER: PM
SUNSHINE LAW NOTICE Municipal Clerk Valerie T. Heilweil
ROLL CALL: Councilmembers Bolte Sefcik Chamberlain
Sheridan Ambrose Toglia
Mayor Robert E. McLeod
Others present: Lorene Wright, Borough Administrator
Borough Attorney: John T. Lane, Jr.
As a courtesy to those around you, please silence your cell phones
PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE
PUBLIC HEARING ON APPLICATION FOR A PLACE-TO-PLACE TRANSFER,
Expansion of Licensed Premises, of Kurtis Enterprises, LLC, T/A Bayside Bar & Grill
The Meeting is opened to the public for comments or questions
Opened: Closed:
RESOLUTION R 226-11 Authorizing Approval of Place-to-Place Transfer of Kurtis Enterprises,
t/a Bayside Bar & Grill
MM: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
PRESENTATION
By Keyport Garden Club
CONSENT AGENDA
(All resolutions listed hereunder are considered to be routine in nature and will be enacted in one
motion. Any person may request that an item be removed for separate consideration.)
R227-11 Payment of Bills
R228-11 Application for a Raffle License – Keyport Cultural Celebration Committee-
Tricky Tray – October 8, 2011 from 12 Noon to 6PM
R229-11 Application for Raffle License – Keyport Cultural Celebration Committee (KCCC) –
50/50 Cash – October 8, 2011 from 12 Noon to 6PM
R230-11 Application for Raffle License – St. Mary’s Church – 50/50 Cash –
October 9, 2011 from 12 Noon to 5PM – Rain date October 16th
R231-11 Authorizing A Wedding To Be Held On November 5, 2011 At Waterfront Park
Gazebo – Gormley/Rudolph
R232-11 Authorizing A Wedding To Be Held On November 5, 2011 At Waterfront Park
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Gazebo – Jimenez/Catalano
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R233-11 Reducing the Performance Guarantee for Block 35, Lot 2, 322 Beers Street
R234-11 Authorizing Execution of Letter of Intent from the Monmouth County Division
on Aging, Disabilities and Veterans Services for year three of the 2010-2012
grant for the Keyport Senior Center
R235-11 Authorizing Approval of Submission of Grant Application and Execution of Grant
Agreement with the New Jersey Department of Transportation for the Osborne
Street Improvement Project
R236-11 Accepting Proposal of Beacon Planning & Consulting Services for Professional
Planning Services for a Redevelopment Plan of the Old Borough Hall
PUBLIC COMMENT PORTION
The Meeting is opened to the public for comments or questions
Opened: Closed:
APPROVAL OF RESOLUTIONS
Motion on the Consent Agenda
MM: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
APPROVAL OF MINUTES
June 21, 2011 – Regular
August 16, 2011 – Regular
MM: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
INTRODUCTION OF ORDINANCES
1. Ordinance – Abolishing Keyport Municipal Court
The Clerk reads the Ordinance by Title:
1a. Motion to introduce:
MM: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
1b. Motion authorizing the Clerk to publish the Ordinance as introduced in the Asbury Park
Press for a public hearing to be held October 4, 2011
MM: 2nd: Ayes: Nays:
2. Ordinance – Creating Joint Municipal Court
The Clerk reads the Ordinance by Title:
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2a. Motion to introduce:
Complete
MM: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
2b. Motion authorizing the Clerk to publish the Ordinance as introduced in the Asbury Park
Press for a public hearing to be held October 4, 2011
MM: 2nd: Ayes: Nays:
COMMUNICATIONS AND PETITIONS
1. Letter of Resignation from Substitute Crossing Guard Debra Ann Zarkivach
MM: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
2. Letter from resident of Broad Street regarding the condition of Broad Street
MM: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
3. Letter from Recreation Chairman and KCCC President requesting waiver of local fees for
tricky-tray and 50/50 Cash raffle licenses
MM: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
REPORTS OF DEPARTMENTS
1. Borough Clerk’s Monthly Report for August 2011
2. Tax/Water/Sewer Collector’s Report for July and August 2011
3. Building Department Monthly Report for August 2011
Motion: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
COMMITTEE REPORTS
Councilwoman Bolte: Public Works/Recycling/Property Maintenance
Councilwoman Sefcik: Health and Recreation:
Councilman Chamberlain: Fire/First Aid/Emergency Services:
Councilman Sheridan: Police:
Councilwoman Ambrose: Finance/Grants/Redevelopment:
Councilman Toglia: Buildings/Grounds/Library:
DISCUSSION
1. Meeting Protocol Policy
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2. Keyport Municipal Survey
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UNFINISHED BUSINESS
ADMINISTRATOR’S REPORT
ATTORNEY'S REPORT
PUBLIC COMMENT PORTION
The Meeting is opened to the public for comments or questions
Opened: Closed:
CLOSED SESSION
R -11 Resolution Closed Session:
Off: 2nd: Roll Call: Bolte, Sefcik, Chamberlain, Sheridan, Ambrose, Toglia
ADJOURNMENT
Motion to Adjourn moved by: 2nd:
Time of Adjournment: PM
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