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March 23, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:32 PM with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie and Dyer present. The Deputy Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Cervino, to enter closed session to discuss one contractual and two personnel matters, was seconded by Councilman Hennessy and carried by the following roll call
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer ….YEA

Closed session started at 6:35 P.M. and ended at 7:23 P.M.

Mayor Barrella called the regular meeting to order at 7:30 P.M. Present were Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie and Dyer. The Deputy Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Department head memos and correspondence were discussed with items moved to agenda for action; Attorney Riordan spoke on a closed session item which he asked to have moved to consent resolutions – in an effort to save money and jobs, Chief DePolo will be retiring; all members of the Governing Body lauded the Chief for his professionalism and his 29 years of service to Point Pleasant Beach; Clerk Ellsworth was authorized to draft ordinances amending mobile vending and road opening ordinances as per memo recommendations; Mr. Lombardo addressed Council regarding roof repair to alleviate mold problems – looking for relief from the Governing Body on Ordinance interpretation by the Zoning officer; Attorney Riordan read from New Jersey Statute 40A:55D that states the Board of Adjustment is the venue for appeals from decisions of administrative officers on zoning ordinance enforcement – there is no authority for the Council to make the decision.
Mayor Barrella announced that Captain O’Hara would be running the Police Department until the position of Chief is filled.

Motion by Councilwoman Tooker to approve the minutes of the February 8, 2010 and March 2, 2010 Council Meetings, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer ….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items) OPENED AT 7:08 P.M.

Albert Varosi, Harvard Avenue: asked that Riverside Drive be made a one-way street going South during the summer season and that Harvard Avenue be made one-way in a westerly direction for a one block length from Riverside Drive to Boston Avenue, due to safety concerns (Administrator was authorized to get input Police Department and Borough Engineer).
Chris Mega, Newark Avenue: spoke about request to put gas line in on Newark Avenue.
Francis Lobravico, Brick, on behalf of Disabled American Veterans Chapter 20: expressed
Chapter’s gratitude and presented Certificate of Appreciation to Council for allowing veterans to conduct ‘Forget Me Not’ drive on Boardwalk each year.
Sam Palumbo, Laurel Court: spoke about his dog and resulting $1,000 sickness from highly toxic geese droppings around his house – was told by veterinarian to keep dog away from it, but cannot because it’s all around his house – cannot walk his leashed dog – expressed concern about small children.
John Szafranski, Yale Avenue: asked for status of inquiry on DCA grant for Lake Como; asked about former Risden’s Lot and ATM revenues.
Dave Cavagnaro, Parkway: disappointed USDA contracts will be held – if don't apply soon, have to wait until next year – distributed photos of homes with goose droppings – two types of geese, which excrete 1 pound/day – hundreds of migratory birds plus resident geese that never leave – asked for Council to reconsider or for a definite timeline for other programs to work – nothing is working in the long term – every year problem is getting worse – doesn't want to be held hostage by what other towns are doing.
Patty McAndrew, Broadway: welcomed new Council Members; asked for explanation of letters that came to Broadway residents – unfair to put fiscal woes of Borough on one street.
Joe Lemma, St. Louis Avenue: don't have goose problem, have a tourist problem – suggested erecting signs that if you feed the geese, you'll get a fine and have to clean up the poop.
Dan Hennessy, New Jersey Avenue: sympathized with Messrs. Palumbo and Cavagnaro – member of Audubon Society and Ducks Unlimited – also hunted geese – USFWS has wealth of information – walked around town and did not see migratory birds – saw old excrement and evidence of sea gulls – saw Brant, small sea goose, on Antrim field during the winter – geese used to be migratory here but town now has a resident goose population which must be identified – lots of resident geese in surrounding areas – got info from USFWS about suffocating them –to rectify problem should look at solutions given by USFWS that are a lot less barbaric than suffocation.
Stewart Fischer, Harvard Avenue: spoke about tourists receiving parking tickets and creating a more "pleasant" town.
Mr. Casaboom, Niblick Street: pleaded with Council to refrain from laying off police officers – finest police force he’s seen anywhere.
Kristin Hennessy, New Jersey Avenue: read some research on Canada Geese from Canada Geese web-site, calling USDA round-ups a ‘cash cow’ and ineffective; spoke in favor of geese force ordinance which had a 95% success rate in Lavallette.

Motion by Councilman Hennessy, to close public participation, was seconded by Councilwoman Tooker and carried by unanimous vote.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items) ENDED AT 8:03 P.M.

Ordinance 2010-05 (Waste Materials & Collection) was considered on second reading. Mayor Barrella opened hearing to the public.
Louise Stillufsen, River Avenue: spoke about pick-up of grass and expense of inclusion in solid waste system – environmentally unnecessary – alternative is to cut it and leave it on the lawn.
Anthony Lombardo, Arnold Avenue: spoke about his garbage cans getting run over in the street – asked about sanitation workers replacing the covers.
Max Gagnon, 304 Parkway: asked if anyone had researched the cost of this amendment; 1985-19 restricted pick up of dumpsters – cost before that was $9.50 for a one yard and $19 for a three yard dumpster – over the years, have continued to pick up illegally – becoming a commercial operation which is going to cost a lot of money.
Councilman Lurie: questioned the size of the dumpster in the Ordinance, which would cost $604 in tipping fees; suggestions were made that placement of dumpsters be approved by Borough and elimination of commercial pick-up be investigated.
Max Gagnon: did study from 1985 to present – $253,000 cost for 3 entities – can't afford transportation, labor and dumping fees; also questioned pick-up of dead animals.
Motion by Councilman Lurie, to table to work out issues, was seconded by Councilwoman Tooker with motions then being rescinded to continue public participation.
John Fernicola, Amethyst Beach Motel on Arnold Avenue: nobody needs that large a dumpster, but do need commercial pick-up – are entitled to it as motels pay enormous taxes, don’t put children in school system and sit idle during many months of the year.
John Szafranski, Yale Avenue: asked if anyone did a financial study of the cost after adding institutional establishments with dumpsters (should be two yard dumpster equating to 21 cans) – asked how it was going to be enforced.
Dave Cavagnaro, Parkway: questioned section 3-8.3(a)(1) – Cushman will be doing extra, adding to cost – questioned time of pick-ups.
Motion by Councilman Lurie, to table Ordinance 2010-05 to work out issues, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Cervino, Lurie, Dyer….YEA
Council Members Hennessy, Rizzo….NAY

Ordinance 2010-06 (Council Advisory Committees) was considered on second reading. Mayor Barrella opened hearing to the public.
Anne Lightburn: Open Space Advisory should be added (has own Ordinance).
John Szafranski: asked if anyone looks to see if there are ordinances already on the books.
Motion by Councilwoman Tooker, seconded by Councilman Dyer and carried by the following roll call vote, to close public participation and adopt Ordinance 2010-06.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-09 (Amend Parking Fees) was introduced on first reading. Councilman Dyer explained this recommendation by the Finance Committee.
Motion by Councilman Cervino, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2010-09 was approved on first reading. The public hearing will be held on April 12, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-10 (Increase Building Fees) was introduced on first reading. Councilman Lurie explained this was a recommendation by Construction Official Gardner, which would make the Beach fees consistent with Boro fees and Monmouth County communities.
Motion by Councilman Dyer, seconded by Councilman Lurie and carried by the following roll call vote, Ordinance 2010-10 was approved on first reading. The public hearing will be held on April 12, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-11 (Establish Two 15-Minute Parking Spaces on Broadway) was introduced on first reading. Councilman Hennessy: concerned about ‘opening a can of worms’ by allowing business with parking lot to have two fifteen minute spaces in front of their establishment.
Motion by Councilwoman Tooker, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2010-11 was approved on first reading. The public hearing will be held on April 12, 2010.
VOTE: Council Members Tooker, Cervino, Lurie, Dyer….YEA
Council Members Hennessy, Rizzo….NAY

Mayor Barrella asked that appointment of interim engineer be added to consent resolutions; Deputy Clerk Farrell added several items to consent resolutions listed below; items f and m were held; item s was held for separate consideration; Councilman Hennessy asked about clean-up of accident scenes by towing companies; Dave Cavagnaro, Parkway: asked if Cystic Fibrosis walk was a new event; John Szafranski, Yale Avenue: asked about police and DPW personnel and cost assigned to special events; John Fernicola, Arnold Avenue: suggested mobile vending ordinance be tabled for further discussion; Dan Hennessy, New Jersey Avenue: talked about need to define clean-up by towing companies after accidents; Ben Dispoto, Parkway: questioned costs of items c, and t and asked if Council was behind on payments referenced in item e; Fire Chief Brodeur questioned item q – Fire Department does the clean up, which towing companies charge for and do not reimburse the department for; Sharon Cadalzo, Atlantic Avenue: glad Engineer Savacool has found another job – knows of at least one instance where T&M attempted to charge town $10,000 for unfinished project – asked if town is mandating that they recycle, when giving another group opportunity to walk.
Motion by Councilman Dyer, to adopt resolutions covering items listed below, was seconded by Councilwoman Lurie and carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Payment of tax appeal refunds ($12,338.94)
b) Payment to All Hands Fire Equipment for turnout gear ($14,815)
c) Payment to Maxor LTD for employee Rx benefits ($36,852.05)
d) Authorization to cancel outstanding checks ($46)
e) Payments to NJ Division of Pensions for PFRS/PERS ($797,212)
f) HELD [Appointment of seasonal public works laborer (1)]
g) Payment to Galvin Law Firm from BOA escrow ($845)
h) Payments to Schulman, Wiegmann from BOA escrow ($475)
i) Waive municipal portion of raffles license fees for Ocean Fire Company #1
j) Approval of Payroll #5 ($239,457.98)
k) Payment to International Salt for ice control salt ($6385.45)
l) Acceptance of 2009 BSF from NJ Forest Service ($7000)
m) HELD (Authorization for Mayor to execute contract with USDA for integrated wildlife damage mgt)
n) P O to First Due Training for fire department training ($4417.50)
o) P O to Continental Fire & Safety for bunker boots ($5480)
p) Payment to Brick Utilities for February bulk water usage ($45,068.49)
q) Authorization for Mayor to execute towing contract for 2010/2011 upon amendment by Counsel for that tow companies are responsible for debris clean-up
r) Approval of ABC Social Affairs permit for Elks on 7/23 & 7/24
s) HELD FOR SEPARATE CONSIDERATION [Progress Payment #4 to Wickberg for Lake Louise dredge ($191,152.72)]
t) Payment to Horizon BCBS for employee health benefits ($158,321.83)
u) Approval of W/S bill adjustments (2 accts)
v) Approval of ABC Social Affairs permit for PPB Chamber on 6/26 & 6/27
w) Authorization for Borough Attorney to handle personnel matter as recommended in closed session (CLOSED SESSION ITEM)
x) Approve retirement agreement for Chief DePolo (CLOSED SESSION ITEM)
y) Approval of Chamber of Commerce S/E application for Sidewalk Sales in May & August
z) Approval of Alzheimer’s Assoc S/E application for Memory Walk on 9/25/10
aa) Approval of PPB UNICO S/E application for flea market on 4/24/10
bb) Authorization for Clerk Ellsworth to draft ordinance revising mobile vending ordinance
cc) Authorization for Clerk Ellsworth to draft ordinance revising road opening fees
dd) Approval of Cystic Fibrosis Fdn S/E application for Great Strides walk on 5/16/10
ee) Appt of Ray Savacool, T&M Associates, as interim engineer until such time as Council appoints a permanent replacement for Ray Savacool, CMX
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Progress Payment #4 to Wickberg for Lake Louise dredge ($191,152.72) was considered. Attorney Riordan spoke on prompt payment law – Council is required to pay interest (about $2K per month on this particular bill) when payments aren't prompt – payment is triggered by certification by Birdsall (that work addressed in payment was completed) – will discuss further in closed session; Councilwoman Tooker: asked about having them replace two trees on Boston.
Dave Cavagnaro, Parkway: asked for clarification on prompt payment law.
Mr. Olson, Randall Avenue: money should be put in escrow – giving up negotiation tool by making payment.
Ben Dispoto, Parkway: concurred that escrow is the way to go.
Mayor Barrella: suggested holding action with further discussion in closed session.

Motion by Councilman Cervino, to add item to agenda authorizing Clerk Ellsworth to draft ordinance to permit paid parking on Channel Drive for introduction at next meeting, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Louise Stillufsen, River Avenue: opposed as street is used for parking by fishermen, residents, waiters and waitresses.
Dave Cavagnaro, Parkway: asked if there would be meter boxes used and if so would they have to be purchased.
Motion by Councilman Cervino, to authorize Clerk Ellsworth to draft ordinance to permit paid parking on Channel Drive, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

COMMITTEE REPORTS:

Councilwoman Tooker: announced PTO ‘Night at the Races’ on April 9th, Miss Point High on April 17th, AWC vendor craft fair on May 1st; thanked dive team for reinstalling geese lights; asked all to mulch grass clippings – good for the environment and saves tipping fees – encouraged all to use environmentally friendly lawn products; attended Governor Christie’s speech; thanked Finance Committee and unions for their willingness to talk.

Councilman Hennessy: asked Attorney Riordan about what can be done with open space tax (Attorney Riordan: explained that it was within the Council’s discretion to decide what to tax in any given year from zero to the amount that the voters originally approved – if Council wanted to permanently lower the rate, it would have to go back to referendum) – explained that going below 1/2 penny would interfere with grants and aid) asked how it can be done (Attorney Riordan explained).
Mayor Barrella: asked that Council get something tangible in writing – don't want to jeopardize further income on Risden's purchase – wants open public debate; Councilman Hennessy: concurred with mayor; Attorney Riordan will contact OSAC Chair, Anne Lightburn; Councilman Dyer: explained that Council is allowed to pay a certain amount of salaries for upkeep and other expenses related to Open Space properties through open space funds.

Councilwoman Tooker: reported on police activities – complimented Detective O'Neill for quick action during incident and Detective Petruzziello for action when Zoning Officer Petrillo was threatened by contractor; reminded all to lock doors due to recent rash of break-ins at southern end of town.

Councilman Rizzo: did some research about geese devices – suggested high frequency noise devices; contacted police and building departments regarding complaints received, including vehicle parked across sidewalk on Washington Avenue, propane tanks on lawn area and receptacles on Ocean Avenue.

Councilman Cervino: commended DPW for snow removal efforts; Beautification is preparing for spring; Open Space shade pavilion project moving forward; asked Council to consider reducing hotel/motel tax by half, to help the industry during these economic times, and to introduce ordinance at next meeting.
Motion by Councilman Cervino, to draft ordinance to reduce hotel/motel tax to 1.5%, was seconded by Councilman Rizzo.
Anthony Lombardo, Arnold Avenue: spoke in favor of reducing tax.
Joe Lemma, St. Louis Avenue: complained that this was a travesty as half the citizens had left the meeting due to the hour.
Dave Cavagnaro, Parkway: spoke in opposition as not financially feasible.
Bill Knapp, Harvard Avenue: complained that this was not putting taxpayers first as was promised – also promised looking into other ways to generate revenue and should do so.
Max Gagnon, Parkway: can't just keep cutting – taking money from open space, hotel/motel, picking up free garbage – need to put it on paper to see what it will cost.
Ben Dispoto, Parkway: motel owner acts as intermediary – equated tax on $350/night room as the price of a beer and tip on the Boardwalk – if you are going to cut this revenue, must find out what to cut in the budget to make up the loss – it's a free enterprise.
Maryjane Rielly, Beachcomber Lane: asked, if this was done, would Council consider putting a tax on summer home rentals (Assemblyman Wolf and Senator Ciesla refused to support such a bill; ability to tax must be authorized by legislature).
Dan Hennessy, New Jersey Avenue: subject of motels needs to be looked at in more depth – people don't come for a week anymore – they are day trippers – hurting the motels, which are integral in a tourist town – they pay taxes and employ locals.
Councilwoman Tooker: time to debate this issue – most states have seasonal rental taxes.
Councilman Lurie: need to look at financial picture – implementation must be looked at by Finance Committee – Asbury Park (and Brick) just added this tax – need to lobby the state to reduce their portion.
Mayor Barrella: developed plan to help people who are hurting by giving credit to smaller motels – maybe by capping their water bills – motel industry is its own worst enemy – talking about $135,000 which is about ½ cent on the tax rate – would have to cut this amount from a budget which has already been severely cut – believe the unions are willing to help us through this crisis, but not if we start slashing this type of tax.
Councilman Dyer: tax revenues are down from $275,000 to about $216,000
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Councilman Lurie: set up meeting with Mr. Lacey, General Director of Brick MUA; received email from Paul Kanitra who started lobby firm and offered his services for free – will forward onto Council (Attorney Riordan: cautioned Council that discussion via email would be a violation of OPMA).

Councilman Dyer: town lost $183,000 in state aid; meeting with unions – positive discussions with police – having meeting with health broker to explain to employees what state healthcare plan entails – takes about 90 days, if all unions agree, to go to plan – $598,000 savings per year; working to retain full time positions wherever possible; will have public budget meetings on April 6th and 20th at 6PM (Mayor: will be an advertised meeting with all Council members in attendance – no need for Counsel to attend – offered to sit with Jeff and whoever else to work through the numbers to get stable again).

Mayor Barrella: must build stability going forward – Governor is cutting state aid and probably illegally going after energy tax receipts – he doesn't want to make hard choices, so he's pushing it down to us – requested meeting with Governor’s Chief of Staff – tourism industry doesn't want to tax tourists – sat with Ed McGlynn and Storino clan and discussed benefits of 2% tax on alcohol to reduce their tax burden as well as all taxpayers – they said 16 cent tax on an $8 drink would hurt their business – there is a levy cap waiver for reduction in state aid, however, if towns use it their state aid will be reduced by a like amount – Governor Christie is playing a shell game with municipalities – he is looking to turn us (Point Pleasant Beach, Bay Head, Lavallette, Mantoloking and Point Pleasant) into the greater city of Brick – complained that the Governor was ending home rule through the back door as he doesn’t have the courage to say it up front – spoke about theft of energy tax receipts – got a letter from Ed McGlynn declining invitation to meet with his clients – responded to Mr. McGlynn’s statement that he's done nothing for the tourism industry – this is not about spending more money, this is about them paying their fair share.

Administrator Riehl: thanked Deputy Emergency Management Coordinator Grace for filing paperwork to get roughly $30,000 back for the 12/19/09 snowstorm; awaiting $500,000 Green Acres check, which has been cut, for Risden’s purchase; Maryland Avenue beach steps are being replaced.

PUBLIC PARTICIPATION PERIOD OPENED AT 11:45 P.M.

Anthony Scardaville, Cooks Lane: confirmed that UNICO S/E application was approved.
Joe Lemma, St. Louis Avenue: rebutted Councilman Hennessy’s statement that open space vote is old; spoke regarding railroad lot parking revenue numbers – should put parking boxes in the Borden’s lot which town paid to fix – should charge to park in the school lot after 3PM; explained that a martini costs $12 at Martell’s – they're making money, we're losing money.
Anthony Lombardo, Arnold Avenue: clarified amount of hotel/motel tax – in 1992, had a section 8 motel on Arnold Avenue which sent kids to the school – spoke about seasonal rental tax in Asbury Park – when people don't come, that's when Section 8 moves in; have to find out what we can do with less; have to fight arbitration.
Ben Dispoto, Parkway: lost a valuable employee with the Chief due to atmosphere and political bickering – gave congratulations and condolences to Captain O'Hara; need stronger communication among Council; thanked Emergency Squad and Officers Distelcamp and Goessel for response to incident at his house; asked Councilman Rizzo about rules for fences around construction site – on corner of Princeton and Chicago, house was torn down with big hole which has filled up with water several times.
Bill Knapp, Harvard Avenue: asked Council to consider holding back money on Lake Louise dredging project; talked about bulkhead at foot of Boston and town’s liability; Boardwalk has no problem asking for $10 cover charge to spend $12 for a martini – suggested shutting them down early if they don't belly up to the bar; cutting hotel tax does not put residents first.
Dave Cavagnaro, Parkway: thanked DPW for cleaning up Christmas greens; thanked Councilman Lurie for cost analysis of waste ordinance; for those having problems finding geese, he has an accumulation of pictures showing geese around town and on school field; asked if anyone signed up for geese force; asked how AWC arrived at $50/table for their fundraiser - suggested the same fee be charged for spaces at the Farmer's Market to offset town’s loss of revenue.
Kristin Hennessy, New Jersey Avenue: spoke about Governor's budget address – were invited to private meetings with Commissioners and Governor’s Chief of Staff – no parallel between Mayor’s and Governor’s idea of shared sacrifice – Governor Christie’s idea of sacrifice is not aimed at either the taxpayer or businesses – sacrifices will have to be made by pubic employees everywhere – as a union employee, am prepared to accept that pain; claimed that no one will meet with Mayor because he’s just not nice to people.
Dan Hennessy, New Jersey Avenue: some of what Mayor is saying is right – knows what binding arbitration feels like – town’s are being asked to figure out problems that were created by Trenton – this Governor is leading the charge and not sweeping it under the rug like other Governors; this was a great meeting with a lot of decorum, great suggestions and debate; referred to Mayor wanting to get back to stability of past – hoped he's talking about 80s and 90s.

PUBLIC PARTICIPATION PERIOD ENDED AT 12:12 A.M.

Motion by Councilman Cervino, to re-enter closed session to discuss two contractual matters, was seconded by Councilman Dyer.

Closed session started at 12:14 A.M. and ended at 12:47 A.M.
The meeting was adjourned by unanimous vote at 12:48 A.M.


Published April16, 2010 | Council Minutes | 1001


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