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April 12, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met in caucus session at 6:31 PM. with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, and Dyer present. The Municipal Clerk 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; Councilwoman Tooker, Attorney Riordan and Engineer Savacool explained request from 1500 Richmond Ave LLC/Spirits Unlimited for Borough to vacate an easement on their property at Carter Avenue – building plans were approved by Planning Board, pending Council’s approval of easement vacation – Councilwoman Tooker requested that vacation ordinance be moved to agenda for approval – Mayor Barrella: procedure would be to authorize draft of ordinance and introduce on first reading at next Council meeting – Attorney Riordan: no reason ordinance draft can’t be authorized with ordinance introduced at the same meeting – Mayor Barrella: if Council’s pleasure to move to Consent Resolution, recommended it be considered separately; special event applications were moved to agenda with suggestion to reduce Lion’s Club Police fees, as they are a local organization; Councilman Dyer: asked if Police fees for other events were the same as last year – Mayor Barrella: had a policy to bill local organizations at cost and outside organizations at $50/hour – Councilman Dyer: owe it to the groups to discuss why the cost has gone up – Attorney Riordan: per Captain O’Hara and Administrator Riehl, intention was to keep numbers the same as last year – all agreed to move with that understanding – Clerk Ellsworth: street use fee for Memorial Day bike parade is always waived, as is Boardwalk use fee for Disabled Veterans – Mayor Barrella: instructed Clerk Ellsworth to incorporate into Consent Resolution.

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

Closed session started at 6:53 P.M. and ended at 7:19 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 Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Cervino to approve the minutes of the March 23, 2010 Council Meeting, was seconded by Councilman Lurie and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Mayor Barrella read a proclamation for lifelong Point Pleasant Beach resident, Elizabeth Marie Pfister, commending her for her service to the community and congratulating her on her 90th birthday.

Motion by Councilman Lurie to table Ordinances 2010-13 and 2010-17, was seconded by Councilwoman Tooker, and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Motion by Councilwoman Tooker to strike the Baltimore Avenue portions from Ordinance 2010-16, creating Ordinance 2010-20, and table 2010-20, was seconded by Councilman Lurie, and carried by the following roll call vote:
VOTE: Council Members Tooker, Cervino, Lurie and Mayor Barrella….YEA
Councilmen Hennessy, Rizzo, Dyer….NAY

Motion by Councilman Lurie to table Ordinance 2010-14, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA
Councilman Cervino….NAY

Councilman Hennessy recommended ordinance be introduced to create position of Police Director – as Finance Committee member, feels it’s imperative to act on this tonight, so the Personnel Committee can start conducting interviews for Police Chief and Police Director (Mayor Barrella: violation of Ordinance 2010-01, which requires resolution authorizing Borough Attorney to draft ordinances – should put ordinance on for first reading at the next Council meeting; Attorney Riordan: Governing Body member suggested he look into whether the creation of a Police Director position required an ordinance – was also suggested to him that some members of Council might wish to do this expeditiously – thought he should have the ordinance ready, so he drafted it; Councilman Lurie: time spent by Atty. Riordan on this ordinance could have been spent on other town business; Atty. Riordan: if this ordinance is not introduced, the Borough will never be billed – felt it was his obligation to have ordinance – if Council doesn’t want it, he is the only person who has lost; Mayor Barrella: the ordinance says the Attorney shall not draft an ordinance without a resolution of the Governing Body authorizing it – it does not say, “unless he agrees not to be paid if the Governing Body decides not to introduce the ordinance.”
Motion by Councilman Hennessy to retroactively authorize the Borough Attorney to draft Ordinance 2010-19, was seconded by Councilman Cervino, and carried by the following roll call vote:
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Council Members Tooker, Lurie….NAY
Motion by Councilman Hennessy to introduce Ordinance 2010-19 (Establish Position of Police Director – Eliminate Position of Police Chief) was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Council Members Tooker, Lurie….NAY

Motion by Councilman Cervino to adjourn meeting for 10 minutes, at 7:58 PM, so Clerk Ellsworth could make copies of Ordinance 2010-19 for the public, was seconded by Councilman Lurie, and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Motion by Councilman Lurie to resume meeting at 8:18 PM was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA


PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances) OPENED AT 8:19 P.M.

Former Mayor Jack Pasola, Curtis Avenue: disturbed that client who had wanted to buy a home in Point Pleasant Beach is now happy now that he’s not living here – one of the reasons is what’s going on with the Police Director – is disgraced, and as a former Mayor, saddened by the bickering and fighting among Governing Body members – left hand doesn’t know what right hand is doing, ordinances are being drawn up without Mayor and some of Council knowing about it – has never witnessed anything like this – there are horrible headlines – idea of Public Safety Director is another nail in the coffin for Point Pleasant Beach – majority of the community is against this – read from prepared statement urging Council to change their minds about hiring a Public Safety Director – there are several qualified individuals that can step up and run this department – must put aside any personal feelings toward department – don't be like the politicians in Washington and ram this down our throats – our family oriented town has had nothing but negative headlines in recent years – residents’ morale is at an all time low – asked if Public Safety Director would be eligible for security clearance to get secret information from Homeland Security, the FBI, State Police or any other agency of this type – will jeopardize health, safety and welfare of the residents of this town – going to ruin Police Department – not going to save money – urged Council to table.
Mayor Barrella: simply introducing ordinance creating position of Police Director is not authorization to advertise a position that does not exist – original advertisement is totally void aside from any EOE deficiency – did some research on civil service – don't advertise for a Police Chief outside department – set up procedures for promotion from within – can advertise position of Public Safety Director and interview only after ordinance is passed – to do so before is the definition of chutzpah.
Dave Cavagnaro, Parkway: opposed hiring Police Director – outrageous that April 2nd article in “Ocean Star” touts Manasquan man being considered for position – then comes ordinance – warned Council to remember November – if you pass this ordinance, you are eliminating position of Police Chief and only interviewing for Police Director; 10 of the 23 Silver Lake lot park machines were not working over Easter weekend – do not have service contracts on these machines – decision of last year’s finance committee and passed by all in 2009 budget – still not money for maintenance contract in this year’s budget – contract cost $1,000/machine, but three main parts, which are manufactured outside country, are $1000, $1200 and $1800 – lack of contract can cause a 5 month wait for these parts – parking is the main revenue stream for town – lost approximately $25,000 already – authorizing about $10,000 for parts on this agenda – asked that Council reinstate service contract into this year’s budget – asked if Council spoke with Public Works or Police before decision was made last year – informed all that there is a central computer in Police Department that shows which parking machines are working or down – this information should become part of the Police report.
Former Councilman Frank Carey, Briarcliff Avenue: setting land speed record for passing this ordinance that will have a major impact on town and structure of Police Department – took months to decide on dogs on beach and bikes on Boardwalk – took years on Shade Tree and was held tonight; going from concept to ordinance on hotel/motel tax in record time – asked where Council was going to come up with the extra $135,000 in the budget – seems to be counterproductive in areas where Councilman Mercun used to say you should be doing due diligence.
Vince Castin, Trenton Avenue: haven’t seen anything like this since I've been coming to these meetings – devious, underhanded and a disgraceful display of our town leaders to try to do something like this to the public and our Police Department – came up with a bunch of ordinances that no one has ever seen before – earlier on attempted to save money by hiring two part time Police personnel – a big deal because we saved $46,000 – now we’re bringing someone in for no reason and spending $60,000 to $70,000 – going to destroy the Police Department from the inside and there’s no reason for it – have capable people to promote within the department – to reason to jam this down the throats of the people of this town; took in about $235,000 from the motel/hotel tax – no reason to get rid of it – stayed in hundreds of hotels across the country and never seen anyone walk away due to extra $3 tax – don't think hotel/motel owners will suffer one iota from it
Max Gagnon, Parkway: congratulated people who voted on this ordinance – just undercut legs out from everyone working in this Police Department – if he were an officer, he would be out of here because he can't go anywhere – these people do a really good job for the town – work long and unusual hours – work weekends – time you started appreciating what they do for you – beyond me that Council would undercut people who are working for you.
Bill Knapp, Harvard Avenue: had incident at house last weekend – Police were there in 4 minutes – response time was phenomenal; hotel/motel tax brings more revenue into town – not seeing any plan to make up that $120,000 – have to layoff people – campaign literature said not getting enough money from the tourism industry; against vacation of easement on Carter – asked Council President to recuse herself due to alleged inappropriate comment.
Retired Point Pleasant Police Chief Ray Hilling, Rosewood Avenue: retired as Chief after 35 years in law enforcement – listed credentials and training, which some Point Pleasant Beach officers already have – bringing in a Director will destroy the department – want to do this ordinance in a hurry, but should peruse – duties of the Director in #1 is a violation of title 40 – a Director cannot have power over the day-to-day operation of a Police department – also #6 not valid – Director has no powers – Chief executive office would be the captain – as a resident of this town and knowing the officers, am ashamed that you would go outside the department – you bring a Director in when you need to straighten a department out – there’s nothing wrong with this department – have people who are qualified to move up to this position.
Marilyn Burke, Central Avenue: very few people have made positive comments – figure those who voted in the affirmative have done their homework – asked why town should have a Police Director over a Chief of Police.
Councilman Cervino: non-permanent strategy to help taxpayers of this town –motivation is financial.
Councilman Hennessy: concerned that there is a major scheduling problem – part/time dispatcher met with complaints of safety issues and not having enough manpower to staff, but town is paying to send 7 people to the Police academy to teach.
Mayor Barrella: started out with 24 and going to 23 – if we promote to Chief not looking to hire another officer – if Police Director is hired, that's a 24th body – asked how does another body save money – don't envision individual being promoted to Chief getting a $70,000 raise.
John Gelson, Point Pleasant Beach: somewhat comical – had some issues with scheduling by Police Chief and taking this drastic measure – asked where Council’s experience is coming from to take a department that everyone in this room/town agrees is running fine and turning it upside down – asked what about our Police Department is broken to cause Council to do this and what Council did to come up with this idea to replace what we have and cause all this chaos.
Councilman Dyer: exploring all options – think there's problems in the Police force and management – believes there's a problem in scheduling when he sees bicycle Police biking up his road in January – dealing with financial issues that do mean Police jobs – thanked Police and other two unions for opening up health contract to save town $300,000 this year and $600,000 next year – if not, would have meant loss of 6 officers and 26 furlough days for non-Police personnel – there's a lot of disrespect for this Council from the Police Department – things could be managed better
John Gelson: making the department of Police a political position – Director’s job is dependent on making you happy and that’s wrong.
Cathy Sogorka, Cramer Avenue: recommended putting question out to referendum in the voting booth.
Mike Schaller, Point Pleasant Beach: if our officers are at the County teaching, that’s a testament to caliber of our officers – heard about scheduling complaints – several in Police department have much more experience in that regard – Directors are hired due to systemic problems – due to perception from those being policed that the law enforcement agency has lost its effectiveness – or if you have no one to take over helm – we have a number of qualified people to step into that role – don't understand how $70,000 is less than raise for Police Chief – couldn't have a full time dispatcher because of money; if everything’s about money, don’t get the hotel/motel tax ordinance; have starting to rip apart fabric of this town – if you don’t think municipal employees are part of the fabric of this town, you are sorely mistaken.
Grant Kitchenman, Point Pleasant Beach: started career as a Special Officer here – serve as Police Sergeant in another town – had Police Director in another town, but that was a new and fledgling department – not the case here – have many experienced officers, including a lawyer – going to have to pay Captain O’Hara something to run the day to day, even with a Director – it happened in Maplewood.
Mayor Barrella: questioned temporary nature of appointment – asked about purpose and about what problem could be addressed by a Police Director that couldn’t be addressed by a Police Chief.
Councilman Cervino: temporary until town sees its way out of current fiscal situation – there is a savings implicit here – would amount to 2 or 3 years.
Mayor Barrella: only one way he can envision a temporary Police Director bringing a savings, if that is if the goal, is to drive senior people out – risky, dangerous thing – if they leave, would not have the experience in our department to handle the two million people who come here every year – would create a serious public safety issue.
Councilman Dyer: promoting someone internally and getting that raise in perpetuity as an increased pension would be more than $70,000 – actions of people in this room are not going to intimidate or sway me – factual arguments, such as those presented by Mr. Gelson might.
Ben Dispoto, Parkway: asked if Council was able to identify any budget savings to offset the cut in the hotel/motel tax; asked why Council would hire someone who would have no ability to enforce the laws and hire that someone at approximately half the retired Chief's salary – this Council seems to be creating more problems for itself.
Cathy Kelly, Griffiths Avenue: sent emails to all on Council, regarding this matter, and thanked the Mayor and Councilman Lurie for their answers and Councilman Hennessy for his response that said he couldn't answer – if it’s all about savings, Council would not be cutting the hotel/motel tax – the Captain and Lieutenants already have medical benefits – would save money promoting from within – will hold Council personally responsible for ruining the Police Department and this town.
Carol Dempsey, Arnold Avenue: doesn’t know how Council can think they are deciding what's best for town when all of these people, who are entitled to their opinion, disagree – since institution of hiring freeze, how can Council create a position that doesn't exist and hire someone for it – talking about furloughing and laying-off existing personnel – yet Council finds $70,000 to hire someone for this position – asked Councilman Dyer if he had applied or anticipated applying for a position in Manasquan; talked about pension – paid into the pension and don’t pay out anything when he retires – pension payment on increase in salary of existing captain is a lot less than $70,000 a year – asked how Council could vote on ordinance that was just received tonight – reminded all that everyone of those signs that say ‘No Director’ is a vote come November; if we’re in such dire straights financially, shouldn't be cutting the hotel/motel tax in half and should fix the meters.
Mike Palisi, Woodland Road: knows Council – all good people and all here for the right reasons – appreciate what Council is trying to do – have a fiduciary responsibility to all of us to look at everything – that’s what leaders do – leaders also understand that you don't have to be married to an idea and should keep an open mind – this town has stayed consistent over the years – two things have been our beacon, our school system and our Police Department – doesn't happen without people who understand what town is about – have outstanding people on staff who can take this job; fiduciary responsibility makes no sense in lowering motel tax – travel all over and pay it everywhere.
Kathy Zigler, 1611 Beacon Lane: upset – lost our resident parking spaces – put in a fire lane so we can’t park anywhere – now Council wants to take our Police Department – moved here from Howell for the school system and safe environment – if she wanted to live in Seaside, would have moved there – when Memorial Day comes, we don't have trash here because of our Police – everyone says to stay local – should do that now, stay local and promote from within – all residents should get to vote on keeping Police Chief.
Mayor Barrella: contacted County Clerk – referendum item, established by ordinance would have to be to him August 20th – would be non-binding – need to get a provisional Chief in place.
Guy Dempsey, Arnold Avenue: we the people already voted for a Police Chief – we voted for civil service and that has done us well – people of Point Pleasant Beach did not want politicians being involved in the Police Department.
Tom Leach, Wessie Street: hearing fiscal excuses as to why Police Director is a good idea – saw Chief DePolo all over town – he had Police powers and was able to act – Director would have to call 911 and hope someone gets there soon – threatening layoffs – have less cops on the road – if anyone got hurt, Chief DePolo could fill in – would have to pay overtime with Police Director; fact that Council is not adhering to Ordinance 2010-01 has ripped trust out of everyone in this room.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items) ENDED AT 9:46 PM.

Ordinance 2010-09 (Amend Parking Fees) was considered on second reading. Mayor Barrella opened hearing to the public. Public hearing was held with no member of the public wishing to be heard.
Motion by Councilman Cervino to close public hearing and adopt Ordinance 2010-09, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-10 (Increase Building Fees) was considered on second reading. Mayor Barrella opened hearing to the public.
Motion by Councilman Cervino to close public hearing and adopt Ordinance 2010-10, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Mayor Barrella: increasing construction fees which will take our Building Department and put it in the black – will provide us with the wherewithal to upgrade the computer equipment – asked, once this passes, if plans will terminate to get on board with the Boro’s drowning Building Department.
Councilman Dyer: will continue to look at all aspects of saving the town money in any way, shape or form – the feasibility grants will not be granted until July 1.
Mayor Barrella: asked about plans to upgrade the software to make department more efficient.
Councilman Dyer: may be covered through shared service grant funds – explained benefits of shared services with the Boro.

Ordinance 2010-11 (Establish Two 15-Minute Parking Spaces on Broadway) was considered on second reading. Mayor Barrella opened hearing to the public. Public hearing was held with no member of the public wishing to be heard.
Motion by Councilman Lurie, to close public hearing and adopt Ordinance 2010-11, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Tooker, Cervino, Lurie, Dyer….YEA
Council Members Hennessy, Rizzo….NAY

Ordinance 2010-08 (Establish Meeting Procedures) was introduced on first reading.
Mayor Barrella commented on procedures guide, including ending meetings at 11:00 PM, and other matters, which are contrary to State statute; Attorney Riordan: based on Howell procedures – by majority vote, Council can continue meetings beyond 11PM and extend public participation on any given topic; Mayor Barrella: complained that the office of the Mayor is not being represented by the Borough Attorney and read emails from the Borough Attorney; Attorney Riordan: offered to meet with the Mayor to go over meeting procedures.
Motion by Councilman Cervino, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2010-08 was approved on first reading. The public hearing will be held on May 4, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-12 (Reduce Hotel/Motel Tax to 1.5%) was introduced on first reading.
Councilman Lurie: don’t understand – should take the money and pay back the loan taken from the water/sewer utility last year to help balance the budget; Mayor Barrella: Councilman Cervino has been talking about this since he’s been elected and truly believes it’s the right thing to do – tax itself is a good idea and not unreasonable – problem is that the hotels are competing against seasonal rentals which don't have to pay any tax – concerned the others may be pandering to Mr. Bilotti and his shadow organization; Councilman Cervino: not a big fan of the word fair, but when you choose 18 people for this tax, its anything but; Councilman Dyer and Lurie debated whether tax was less last year; Councilman Lurie: informed all that Asbury and Brick just instituted a hotel/motel tax; Councilman Dyer: just 3%, but 15% with the rest going to the state; Mayor Barrella: Massachusetts allows local municipalitie4s to levy a 6% tax – could have cut this back to 2% if you had worked on getting some impact fees from the remaining segments of the tourism industry – asked what the rest of the Council has done to lobby for local option taxes – asking us to surrender the only serious non property tax revenue we have beyond parking and court revenue, at a time when you’re asking our employees to take furloughs – not understanding the logic of it – don’t thing cutting the tax 1.5% is going to cause us to do $8M more in motel business; Councilman Dyer: true conservative Republican – don't believe in taxes – problem with the budget is not revenue, its expenses; Mayor Barrella: interested in revenue when raising it $1,057,000 over your first version of the budget – budget is being balanced by adding revenue to existing sources – not looking for new sources – next year will be in the same place we are this year – you’re just kicking a bigger can down the road – when you put people out of work by laying off and they lose their houses, you kill property tax values – understand your Governor is going to cut you down to 2.5% next year and he’s going to make it a hard cap – if you don't build a savings account going forward, it’s going to be the death knell of home rule for Point Pleasant Beach – we are going to end up, which is his ultimate goal, becoming part of the city of Brick – don’t know how you run a successful business by just cutting expenses; Councilman Dyer: factual basis for every revenue item – increased fees – added meters – cut expenses by $800,000-$1,000,000 – thanked 3 unions who came into state health plan, which will continue to help next year – little bit more fortunate that we have parking and court revenue; Councilwoman Tooker: believe seasonal rentals should have tax – would like to see part of that tax going into marketing budget – working on shoulder season events – think its a really bad time to do this.
Motion by Councilman Cervino, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2010-12 was approved on first reading. The public hearing will be held on May 4, 2010.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Council Members Tooker, Lurie….NAY

Ordinance 2010-15 (Street Opening Performance Bonds) was introduced on first reading.
Motion by Councilman Cervino, seconded by Councilman Lurie and carried by the following roll call vote, Ordinance 2010-15 was approved on first reading. The public hearing will be held on May 4, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie….YEA
Council man Dyer…..Not Polled (Not In Chambers at time of vote)

Ordinance 2010-16 (Establish paid parking on portions of Channel Drive) was introduced on first reading.
Discussion ensued about the addition of diagonal parking on portion of Arnold Avenue; Captain O’Hara expressed concern because that’s where tractor trailers make deliveries to Boardwalk businesses; decided to hold for input from Fire Chief and only address Channel Drive.
Motion by Councilman Cervino, seconded by Councilman Lurie and carried by the following roll call vote, Ordinance 2010-16 was approved on first reading. The public hearing will be held on May 4, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Motion by Councilwoman Tooker, to authorize the Borough Attorney to draft ordinance vacating a portion of Carter Avenue and add to agenda for first reading, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-18 (Vacation of a portion of Carter Avenue) was introduced on first reading.
Motion by Councilwoman Tooker to approve Ordinance 2010-18 on first reading.
Motion by Councilman Lurie to table and address at the next meeting was seconded by Councilwoman Tooker and defeated by the following roll call vote.
VOTE: Council Members Tooker, Lurie….YEA
Council Members Hennessy, Rizzo, Cervino, Dyer…NAY
Second by Councilman Hennessy and carried by the following roll call vote, Ordinance 2010-18 was approved on first reading. The public hearing will be held on May 4, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Dyer….YEA
Councilman Lurie.…NAY

Motion by Councilman Hennessy, to authorize the Borough Attorney to draft ordinance establishing the position of Police Director, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Council Members Tooker, Lurie….NAY

Ordinance 2010-19 (Establish Position of Police Director – Eliminate Position of Police Chief) was introduced on first reading.
Motion by Councilman Hennessy to approve Ordinance 2010-19 on first reading.
Attorney Riordan: explained that Council could interview for both positions, after approval, and if Council decides to move forward with Director, will have to adopt, but if Council decides to go with a Police Chief, will take no further action; Mayor Barrella: can't look for a Director until ordinance is adopted.
Motion by Councilman Lurie to table was seconded by Councilwoman Tooker and defeated by the following roll call vote.
VOTE: Council Members Tooker, Lurie….YEA
Council Members Hennessy, Rizzo, Cervino, Dyer….NAY
Second by Councilman Rizzo and carried by the following roll call vote, Ordinance 2010-10 was approved on first reading. The public hearing will be held on May 4, 2010.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Councilman Tooker, Lurie.…NAY

Clerk Ellsworth added several items to consent resolutions listed below; Councilman Hennessy asked about items 2h and k; Councilman Lurie asked for clarification on item 1x; Mayor Barrella acknowledged employees’ cooperation for items 1a, b and c; Councilman Dyer: also acknowledged employees and unions for willingness to move into State Health Benefits Plan – at least $3000,000 savings this year and $600,000 in 2011 – Police also agreed to voluntarily take four furlough days to match non-PBA employees – another substantial savings – if it hadn’t happened were looking at Police lay-offs and 26 furlough days for non-PBA employees – services to residents would have been diminished – Boardwalk has agreed to step up and increase security guards to help out; Marilyn Burke, Central Avenue: asked about hourly rate and hours/weeks worked by seasonal employee in item 1x – asked about reimbursement to Officer Duffy; Vince Castin, Trenton Avenue: asked about items 1d and 1e and the Mayor explained: Ben Dispoto, Parkway: asked about items 1h, 1m and 2d and commented regarding problems with parking machines over Easter weekend; Sharon Cadalzo, Atlantic Avenue: happy about Ray Savacool but have problem with T&M.
Motion by Councilman Lurie, to adopt resolutions covering items listed below, was seconded by Councilman Cervino and carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Authorization to terminate employee health benefit coverage with Horizon BCBS
b) Authorization to terminate employee Rx benefit coverage with Maxor
c) Authorization to participate in the N J State Health Benefits Program for employee and retiree health and Rx benefits
d) Authorization to enter into and for Mayor to execute intergovernmental agreement with the County of Ocean for Lake of the Lillies dredge project
e) Held for Separate Consideration (Support League of Municipality efforts for rescission of a portion of LFN 2010-8, which provides for further loss of aid if a municipality takes advantage of the exception the statute currently provides)
f) Held for Separate Consideration (Cancel budget workshop meeting on April 6th and establish Finance Committee workshop on April 20th)
g) Authorize tonnage grant application
h) Emergency Appropriation to 2009 Temporary Budget
i) Payment to Major Police Supply for T3 motion vehicle ($12,400)
j) Approval of Payroll #6 ($230,274.71) and Payroll #7 ($234,610.09)
k) Payments to CMX from escrow accounts ($3722.34)
l) Payment to Horizon BCBS for employee health benefits ($111,336.44)
m) P O to Metric Group for repairs to and parts for parking machines (not to exceed $8,000)
n) P O to Partek Solutions for parking machine paper ($7250)
o) Payment to Airpower Int’l for fire department service contracts ($3726)
p) Payment to Metric Group for parking machine parts ($3518.08)
q) Payment to Jesco, Inc. for front end loader ($73,335)
r) Payment of 1st quarter tax allocation to Open Space Fund ($63,888.30)
s) P O to Absolute Fire Protection for fire hose ($9350)
t) Scheduled payments to PPB Board of Education ($1,610,884)
u) Payment to Schulman, Wiegmann from BOA escrow ($225)
v) Payment to the Galvin Law Firm from Planning Board escrow ($195)
w) Payment to United Computer for network support services ($2700)
x) Appointment of seasonal public works laborer (1)
y) Payment to the Ronan Agency for group accident coverage for fire department ($2881)
z) Payment of 2nd Quarter Tax allocation to Ocean County ($1,855,230.35)
CONSENT RESOLUTION 2:
a) Appt of Ray Savacool, T & M Associates, as Borough Engineer
b) Payment to Brick Utilities for March bulk water usage ($56,624.22)
c) Refund of Planning Board escrow ($559.73)
d) Authorization for Mayor to execute contract for lobbying services with Keys to the Capitol, LLC with no cost to the Borough
e) P O to Best Uniform for Public Works uniforms ($4,794.40)
f) Release of unexpended Board of Adjustment escrow account balances ($1377)
g) Award of contract to Earle Asphalt for Ocean Ave curb improvements through NPP grant ($11,813.13)
h) Reimbursement to Sgt. Duffy for college tuition ($3183.38)
i) Approval of computer generated vouchers ($3,057,782.87)
j) Payment to First Due Training for Fire Dept. class ($4417.50)
k) Payment to All Time Auto Body for repairs to Police vehicle ($6045.89)
l) P O to Atlantic Tactical for ammunition for qualifications (not to exceed $7,000)
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

CONSENT RESOLUTION 3 was considered; Mayor Barrella: asked Council to seriously consider item 3a and appoint provisionally pending promotional procedures – need someone to run this department – acting title is not a permitted civil service classification – person would not accrue any tenure rights; Attorney Riordan: just received and haven’t had a chance to vet with civil service.
Motion by Councilman Hennessy, seconded by Councilman Rizzo and carried by the following roll call vote, to table item 3/a (Appointment of Provisional Police Chief).
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Council Members Tooker, Lurie….NAY
Motion by Councilwoman Tooker, to adopt resolutions covering items listed below, was seconded by Councilman Lurie and carried by the following roll call vote:
CONSENT RESOLUTION 3:
b) Appointment of seasonal Parking Enforcement Officers (6)
c) Water/Sewer bill adjustment (1)
d) Authorization to enter into and for Mayor to execute interlocal agreement with Brick Utilities
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

CONSENT RESOLUTION 4: Cancel budget workshop meeting on April 6th and establish Finance Committee workshop on April 20th was considered.
Dave Cavagnaro, Parkway: asked who authorized meeting and when; Councilman Dyer: at Finance Committee meeting and through emails – was the intent of the Finance Committee to have a presentation; Mayor Barrella: argued that there already was a budget workshop meeting scheduled for April 20th – was going to turn over April 6th meeting to Finance Committee; discussion ensued between Attorney Riordan and Mayor Barrella about whether the April 6th meeting was called as a special meeting by the Mayor; Mayor complained that the resolution is inaccurate.
Motion by Councilman Cervino, to adopt Consent Resolution 4, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Council Members Tooker, Lurie….Abstain

CONSENT RESOLUTION 5: Support League of Municipality efforts for rescission of a portion of LFN 2010-8, which provides for further loss of aid if municipality takes advantage of exception the statute currently provides, was considered.
Motion by Councilman Cervino, to adopt Consent Resolution 5, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Rizzo, Cervino, Lurie….YEA
Councilman Hennessy….ABSAIN
Councilman Dyer….NAY

Dave Cavagnaro, Parkway: asked if Monster Dash would be in District 4 – commented that Council had placed a moratorium on new events – asked that Adopt-A-Spot be tabled as it should have gone before the Beautification Committee first; Vince Castin, Trenton Avenue: new events should be in Districts 1 and 2.
Motion by Councilman Cervino, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by the following roll call vote:
CONSENT RESOLUTION 6:
a) Approval of curb cut request at 206 Washington Avenue
b) Authorization to send violation removal letter in regards to 56 Sanborn Avenue
c) Approval of Special Event Application for Deborah Flea Market
d) Approval of Special Event Application for Disabled American Veterans ‘Forget Me Not” Drive
e) Approval of Special Event Application for Memorial Day Bike Parade
f) Approval of Special Event Application for St Peter PTA Car & Raffle Ticket Sales on Boardwalk
g) Approval of Special Event Application for Street Light Ministries literature distribution on the Boardwalk
h) Approval of Special Event Application for American Cancer Society Breast Cancer Walk
i) Approval of Lion’s Club Special Event Application for Seafood 5K
j) Approval of Lion’s Club Special Event Application for Tube Race Parade
k) Approval of Lion’s Club Special Event Application for Boardwalk Craft Fair
l) Approval of Chamber of Commerce Special Event Application for Car Cruises
m) Approval of Chamber of Commerce Special Event Application for Jazz & Blues Festival
n) Approval of First Aid Squad Special Event Application for Monster Dash
o) Authorization for Municipal Clerk to draft ordinance for coin tosses on state highways
p) Approval of St. Peter School Adopt-A-Spot request, contingent upon coordination with all recommendations from the Beautification Committee
q) Approval of closed session minutes for 1/5/10, 1/19/10, 2/8/10, 3/2/10 and 3/23/10
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

COMMITTEE REPORTS:

Councilwoman Tooker: announced Miss Point High on Saturday night and AWC craft/vendor fair on May 1st in railroad lot; several activities scheduled to support Patrolman Nase – blood drive on 4/20 at Masonic Lodge – volleyball tournament on 4/27 and ‘Cut-A-Thon on Sunday; reported on Police activities – 1609 calls for service in March – grateful to Police Department for keeping town safe.
David Cavagnaro, Parkway: in response to query, expressed surprise that Council Members were unaware of technology that existed for Police to monitor status of parking machines – asked that machine status be made part of Police report; Captain O’Hara: Police do not have access as the system is password protected, only parking meter repair supervisors have password; David Cavagnaro: asked status of machines be made part of Councilman Cervino’s report.

Councilman Hennessy: No Report

Councilman Rizzo: No Report

Councilman Cervino: Water Department will be flushing from 4/26 through 5/21; DEP did site inspection of Inlet dolos to check on movement after recent storm – no movement, but will continue to monitor; Beautification will require more information on the Adopt-A-Spot request in order to make a recommendation.

Councilman Lurie: explained that dolos move somewhat and there will be some shifting as a result of storms; along with Attorney Riordan, met with Brick MUA about our water rate and other options – positive meeting and will continue discussions; spoke about solar and wind energy and will schedule for May or June after budget is done.
Councilman Cervino: mentioned impact if wind turbines on area residents; Councilman Lurie: responded that Gull Island is removed from residential areas.

Councilman Dyer: thanked the three unions for working together with the town – great accomplishment from their standpoint of stepping forward; would like to see departments compare this year and last year on all status reports.

Mayor Barrella: wish that Council would reconsider its decision and appoint a provisional Police Chief so that the department has a lawfully powered individual at its head – need to move forward by next meeting.

Administrator Riehl: met with State official regarding Rickover Park property – contractors will be on site this week and plan to be finished by Memorial Day weekend.

PUBLIC PARTICIPATION PERIOD OPENED AT 12:07 AM

Dave Cavagnaro, Parkway: Co-chair of Beautification Committee – committee’s budget was cut 50% and they were not informed – have $300 left for the rest of the year – would have been nice to know in advance; complained about intoxicated juveniles at Jenkinson’s first teen night – severely ties up the Police Department – asked that Jenkinson’s be asked to voluntarily suspend this event; asked that Council revert to original meeting schedule – meeting every 3 weeks was supposed to save money, but with the number of ordinances being drafted and introduced, it still costs about the same.
Max Gagnon, Parkway: asked why Council would cut back on income – wouldn’t want to cut back on their own income –speaking about saving businesses money, but you’re the biggest business in town – have spoken about saving money by suspending dumpster pick-up – 1985 ordinance lists charges for dumpster pick-up, but none are being levied – would generate $253,000 on three accounts – now giving free dumpster pick-up to motels – how much money do you want to give back to hotels – town can’t afford it – should be collecting fees for illegal dumping – personally complained about dumpsters in highway – you know about it and do nothing about it – should be ashamed as you’re not really representing or doing the job for the people in this town.
Bill Knapp, Harvard Avenue: read from last November’s campaign literature criticizing Democrats for negatively campaigning for front man Joe Bilotti, AKA the Voters’ and Taxpayers’ Association, whose main objective is to repeal the hotel/motel tax, shifting the burden of more than $200,000 back on the taxpayer – so now you’ve been in office four months and you’re opinion has changed and you’re in favor of putting this extra burden back on the taxpayers – should go after the Boardwalk because they’re the ones getting $5/hot dog from the people in those hotel rooms – repealing the hotel tax will place an extra tax on each and every taxpayer.
Councilman Lurie: asked if Captain O’Hara had spoken with the Boardwalk about their extra security; Captain O’Hara: first he heard of it – had no discussions with them whatever – if they have a problem, they call and we send officers to the area.
Mayor Barrella: doesn’t want to tax the Boardwalk, want to place an impact fee on tourists – it’s a consumption tax – asked what others on Council have done to get Assemblyman McKeon’s bill, taxing seasonal rentals, to become law – conservative Republicans always talk about not taxing people but are always willing to give it back to a business – 2 million tourists come to this town and we need to start tapping into that.
Stan Angeloni, Chicago Avenue: should tax motels – have rental property, we are paying something through increased inspection fees; Boardwalk is hiring an extra 32 men, but that's for them – they're protecting their property – they're not protecting me from having people urinating on my lawn and leaving trash on my property – that's what our Police Department does – have to pay for their patron’s nonsense – wouldn’t have to pay all these taxes if it wasn’t for them; pay tax at hotels when we go away to other states.
Sharon Cadalzo, Atlantic Avenue: complained that Council doesn't communicate well with each other – evident that departments don't communicate either.

PUBLIC PARTICIPATION PERIOD ENDED AT 12:24 A.M.
The meeting was adjourned at 12:25 A.M.

Attest: Maryann Ellsworth, Municipal Clerk


Published July01, 2010 | Council Minutes | 1051


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