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July 5, 2006 MINUTES OF THE SPECIAL MEETING OF THE LITTLE SILVER BOROUGH COUNCIL July 5, 2006 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 7:35 P.M. "Adequate notice of this meeting has been provided by the mailing of a notice to the Asbury Park Press and The Two River Times, by filing same with the Clerk of the Borough of Little Silver and by prominently posting said notice on the bulletin board of the Borough Hall, all since June 20, 2006." The salute to the flag was led by Mr. Galante and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. VanWinkle, and Mrs. Gormley, Deputy Administrator/Clerk Absent: Mr. O’Scanlon RESOLUTION: Municipal Consent Application – Verizon of N.J., Inc. Mrs. Gormley read the following: RESOLUTION BY THE GOVERNING BODY OF THE BOROUGH OF LITTLE SILVER GRANTING CONDITIONAL MUNICIPAL CONSENT TO VERIZON NEW JERSEY INC. WHEREAS, the Governing Body of the Borough of Little Silver (“Borough Council”) has reviewed and considered the Application for Municipal Consent to Operate a Cable Television System filed by Verizon New Jersey Inc. (the “Application”); and WHEREAS, the Borough Council has reviewed the Application in accordance with the municipal consent process set forth in N.J.S.A. 48:5A-22 to –29; and WHEREAS, the Borough Council held public hearings on May 15, 2006 and June 5, 2006 and received public comment on the Application in accordance with N.J.S.A. 48:5A-23 and N.J.A.C. 14:18-11.6; and WHEREAS, the Borough Council has determined that the presence of an additional provider of cable television service in the Borough may provide the residents of the Borough with increased choice and may result in more competitive pricing, increased service quality and improved services offerings; and WHEREAS, the Borough Council has determined that such competition and choice in the provision of cable television service caused by Verizon New Jersey Inc.’s offering of cable television service in the Borough will have a positive impact on the Borough of Little Silver and its residents; and WHEREAS, except as stated in the letter of F. Patrick Accisano, Esquire dated May 12, 2006 and identified as an exhibit in evidence at the said June 5, 2006 hearing, after evaluating the Application and the Applicant’s responses to questions at the public hearing, the Borough Council has tentatively determined that Verizon New Jersey Inc. possesses the requisite legal, financial, technical competency and general fitness to provide cable television service, as required by N.J.S.A. 48:5A-27; and NOW THEREFORE, BE IT RESOLVED based upon the foregoing the Borough Council of the Borough of Little Silver hereby grants to Verizon New Jersey Inc. municipal consent to operate a cable television system within the Borough of Little Silver, except for and subject to the following: Notwithstanding any other provision herein, this Resolution, the within grant and the Governing Body’s determinations hereunder, are conditioned upon the satisfactory resolution of all issues raised in the letter of F. Patrick Accisano, Esquire date May 12, 2006 and marked as an exhibit in evidence at the said June 5, 2006 hearing, as well as the concerns raised by the Council on the record in these proceedings. The Resolution memorializes an action taken by the Council of the Borough of Little Silver at its meeting of July 5, 2006. Motion: Mr. Galante Second: Mr. Gilmour Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. VanWinkle Negative: None Abstentions: None Motion to Adjourn: Mr. Gilmour Second: Mr. Galante Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 7:45 p.m. Helen Gormley Deputy Administrator/Clerk | |||||||||||||||
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