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May 4, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35 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; “Discussion of Police Contract” and “Amendment to Development Ordinance” were moved to closed session and several other items were moved to agenda; Administrator Riehl advised that “Sanitary Sewer System Evaluation” would require a bond ordinance – the Mayor asked Councilman Lurie to meet with O’Donnell Stanton representatives to fine tune; Mayor Barrella: Attorney Riordan had arranged for Attorney Gannon to substitute for him this evening; $330,000 deficit in water/sewer – Council has various ways to eliminate it – asked for authorization to draft ordinance to raise an amount equal to deficit – asked Councilmen Lurie and Dyer to work through scenarios with him over the next few weeks - asked Administrator Riehl to break down what part of remaining shortfall comes from Brick MUA rate increases vs. consumption decreases; Captain O’Hara: not enough detrimental activity to warrant resident’s request to make Harvard Avenue a seasonal one-way – Engineer Savacool was authorized to review the situation for discussion at next Council Meeting.

Chris Czaszynski, Point Pleasant Beach: born with Spina Bifida – started non-profit organization, “Hot Wheels Fishing Team,” to get disabled people fishing – asked for town’s support with fundraisers and involvement in local festivals/tournaments – wants to do kick-off event at Loughran’s Point in June (Mayor: suggested he work with Community Endowment Fund and Elks).

Motion by Councilman Cervino, to enter closed session to discuss one contractual, one personnel, and one litigation matter, 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 7:12 P.M. and ended at 7:31 P.M.

Mayor Barrella called the regular meeting to order at 7:42 P.M. Present were Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie and Dyer. Councilman Lurie left the meeting at 11:18 PM. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

A Moment of Silence was observed for Ronald Kubik, a local soldier who was killed in Afghanistan.

Ordinance 2010-19 (Establish Position of Police Director – Eliminate Position of Police Chief) was considered on second reading. Mayor Barrella opened hearing to public and noted that the public’s comments at the last meeting had been duly noted.
Motion by Councilman Cervino, to close the public hearing on 2010-19, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer ….YEA
Motion by Councilman Lurie, to adopt 2010-19, was seconded by Councilman Cervino and defeated by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino Lurie, Dyer ….NAY

Motion by Councilman Dyer to appoint Captain Kevin O’Hara as Provisional Police Chief, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer ….YEA

Municipal Clerk Ellsworth administered the oath of office to Police Chief Kevin O’Hara.
Chief O’Hara thanked his family and friends for their support and promised to do his best – feels recent state report is a validation of what the department does.

Mayor Barrella: have called a special meeting on May 10th, at Antrim School, to discuss the Municipal Budget, School Budget and Police Contract.

Attorney John Jackson, on behalf of Chef’s International: discussed expansion of live music hours at Wharfside Patio Bar; Mayor Barrella: asked Mr. Jackson to see if his client would be willing to fund cost of police – will continue to discuss matter at next Council Meeting.

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances) OPENED AT 8:06 P.M.


The following residents spoke about the school budget: Dennis McGlinchy, Jack Pasola, John Morrongiello, Mary Jane Olsen, Stacey McGlinchy, Karen Gardner Picard, Dave Cavagnaro, Phyllis Thomson, Beverly McDonald, Ben Dispoto, Virginia Cronin, Mike Ramos, Kas Dyson, Pete Renner, Mary Ellen Savage, Marilyn Burke, Holly Harris, Elizabeth McLoughlin.
The following residents spoke in favor of the shade tree ordinance: Anne Lightburn, Mr. Conti, Peter Renner.
The following residents spoke against the shade tree ordinance: Dave Cavagnaro, Marilyn Burke.
Jack Pasola, Point Pleasant Beach: asked about Council Meeting schedule; thanked Council President Tooker, Councilman Lurie and Mayor Barrella for seeing to it that we now have a Police Chief; disturbed by horrible headlines about Point Pleasant Beach.
Kitty Stillufsen, Point Pleasant Beach: asked that Spike’s Restaurant’s abuse of parking at Gull Island Park be addressed; offered solutions to traffic back up at Broadway and Ocean Avenue; suggested food cart at Fisherman’s memorial to raise money for restoration.
Don Betz, Point Pleasant Beach: spoke about flooding on Randall Avenue and about how well-respected Chief DePolo is.
Donnamaria Diaz, Point Pleasant Beach: spoke about senior tax freeze.
Max Gagnon, Point Pleasant Beach: spoke about fact that town must find ways to make money.
Elizabeth McLoughlin, Point Pleasant Beach: spoke about raising taxes vs. water bills and the effect on seniors.
Ben Dispoto, Point Pleasant Beach: spoke about Attorney Riordan’s absence and asked who authorized Attorney Gannon to replace him – also spoke about municipal budget and asksed if meeting protocol would be discussed tonight.
Councilman Cervino: asked that discussion on meeting protocol be held for next meeting.
Ben Dispoto: spoke about hypocrisy that Chief DePolo was praised at March meeting and denigrated at April meeting.
Mike Ramos, Point Pleasant Beach: spoke about political corruption.
Mr. Conti, Point Pleasant Beach: asked who pays for lights in train lot.
Marilyn Burke, Point Pleasant Beach: defended Attorney Riordan for arranging for replacement attorney during his absence.
Holly Harris, Point Pleasant Beach: thanked Council for choosing Police Chief.

Motion by Councilman Cervino to close this part of Public Participation was seconded by Councilman Rizzo 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) ENDED AT 9:40 P.M.

Ordinance 2010-08 (Establish Meeting Procedures) was considered on second reading. Mayor Barrella: was not on agenda and does not have a copy; Attorney Gannon: was advertised for public hearing – either open the hearing, make a motion to carry it to a date the Council would vote on (keeping hearing open, with no need to re-advertise), or table and reintroduce it; Mayor Barrella opened the public hearing.
Motion by Councilman Lurie, to carry public hearing on Ordinance 2010-08 to May 25th, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer ….YEA

Ordinance 2010-12 (Reduce Hotel/Motel Tax to 1.5%) was considered on second reading. Mayor opened public hearing.
The following residents spoke against Ordinance 2010-12: Dave Cavagnaro, Mr. Conti, Max Gagnon, Vincent Castin, Darlene Motto, Ben Dispoto (unless revenue can be offset), Anne Lightburn, Lee Kelly and Marilyn Burke.
Virginia Cronin, Point Pleasant Beach: should be a tax on rental properties.
Bill Knapp, Point Pleasant Beach: distributed hand-outs of campaign literature from Mayor Barrella and Council Members Tooker, Cervino, Dyer and Rizzo – questioned their promises - referenced Mr. Bilotti’s literature – matter should be put on referendum.
Motion by Councilman Cervino, to close the public hearing on Ordinance 2010-12, was seconded by Councilman Lurie and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer ….YEA
Councilman Cervino: appreciates comments – between 2007-2009, hotel/motel sales are down $2,088,833 or 25.4% – compelled to evaluate that – doesn’t agree with notion that you shouldn’t help an industry that needs assistance.
Councilman Hennessy: thanked all for comments – hotel/motel industry is in trouble – day trippers are taking over town – in a seaside town, when hotels/motels struggle, they try to bring in other sources of money to fill the rooms in the off season – this will affect police and public safety – rooms might not be filled with the people you want there – schools will be affected by people staying in those hotels – home values will be affected – asked what happens to ratables if hotels go out of business – spoke to Christina Ranuro, Peter Sandomeno, John Hurler, Anthony Gambarony – all asking for tax to be reduced, not just one person – tourism industry is hurting – small businesses are closing – must do something to revive them or we’ll be in trouble.
Councilman Lurie: sat on Council seven years ago and testified in front of Senate Budget Committee to have hotel/motel tax bill passed – even if it generates $1, it’s $1 the taxpayers do not have to pay – with an average of $200,000/year, have brought $1.4 million into budget to help offset tax rate – makes good business sense to vote this down, keep 3% and dedicate the money to the special officers who will generate more money.
Councilman Dyer: received many emails and phone calls on this – to say this tax doesn’t generate revenue or means nothing, is untrue – Lakewood attracts people into town because of discounted sales tax – this is an unfair tax on a small group.
Councilwoman Tooker: hopes to get seasonal rental tax – then, perhaps hotel tax could be reduced to level the playing field – would be wonderful if we could get town residents to lobby Trenton – better way to help hotels is better marketing to attract people to stay longer – we help hotels by picking up their garbage – may be able to help with their water rates – opposed to reducing tax at this time.
Mayor Barrella: suggested that Mr. Bilotti is a bad businessman and, maybe if he put the money into his business that he puts into his flyers, his business wouldn’t be failing – likes Mr. Fernicola’s approach to increase shoulder season events – need to get away from day trippers – cutting tax is not the way to do it – would have to double hotel revenue just to break even – it’s a consumption tax – feels for the hotels who have to compete with seasonal rentals who don’t pay tax – an unfair tax in terms of implementation – invited Councilman Dyer, Cervino, Hennessy, etc., to help him lobby Trenton to get the tools to take care of ourselves – can’t afford to walk away from this non-property tax revenue.
Motion by Councilman Cervino, to adopt Ordinance 2010-12, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino Dyer….YEA
Council Members Tooker, Lurie….NAY

Ordinance 2010-15 (Street Opening Performance Bonds) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cervino, to close public hearing and adopt Ordinance 2010-15, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer.…YEA

Ordinance 2010-16 (Establish paid parking on portions of Channel Drive and
Baltimore Avenue) was considered on second reading. Mayor Barrella opened public hearing.
Dave Cavagnaro, Point Pleasant Beach: spoke against ordinance.
Ben Dispoto, Point Pleasant Beach: equated hotel/motel tax revenue to parking revenue - spoke about ordinance.
Motion by Councilman Cervino, to close public hearing was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer…YEA
Councilwoman Tooker: No Vote (as she had stepped out for a moment)
Motion by Councilman Cervino, to adopt Ordinance 2010-16, 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 considered on
second reading. Mayor opened public hearing.
Dave Cavagnaro and Bill Knapp spoke against the ordinance.
Attorney Gannon: a vacation would give up the Borough’s right to the property – generally, liability would revert back to the owners – no liability on Borough’s part.
Motion by Councilman Lurie, to close public hearing and adopt Ordinance 2010-18, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer…YEA

Ordinance 2010-17 (Shade Trees) was introduced on first reading. Motion by Councilman Cervino to approve Ordinance 2010-17 on first reading was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Mayor Barrella….YEA
Council Members Cervino Lurie, Dyer….NAY

Ordinance 2010-21 (Wastewater Discharge Prohibitions) was introduced on first reading. Councilman Cervino asked for clarification.
Motion by Councilwoman Tooker to approve Ordinance 2010-21 on first reading was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer…YEA

Ordinance 2010-22 (Coin Toss Guidelines) was introduced on first reading. Councilwoman Tooker asked for clarification.
Motion by Councilwoman Tooker to approve Ordinance 2010-22 on 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

Clerk Ellsworth added several items to consent resolutions listed below. Mayor Barrella: clarified item 1/v - Mr. Renner is being appointed 3rd alternate (term expires 12/31/11) and Mr. Madden 4th alternate (term expires 12/31/10) - clarified item 2/I; Councilman Dyer asked Administrator Riehl to explain item 1/e; Dave Cavagnaro: asked about items 1/c and 2/c, 2/e and 2/i; Elaine Hennessy: asked that those who hold walks be prohibited from spraying arrows on town property; Ben Dispoto: questioned water/sewer hook up fee.
Motion by Councilwoman Tooker, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Progress Payment #2 to Earle Asphalt for Ocean Ave curb improvements
($17,666.32)
b) Banner Permit application for St Peter Church
c) Approval of maintenance agreement for Police substation restroom facilities
d) Refund unexpended balance of Police Substation Grant to State of NJ
($5800.43)
e) Refund dumpster bond – 318 Central Ave ($250)
f) Approval of Payroll #8 ($228,617.75)
g) Payment to Partek Solutions for paper for pay & display meters ($7250)
h) Payment to the Galvin Law Firm from BOA escrow accts ($845)
i) Approval of membership in PPB Fire Co #2 (2)
j) Payment to Continental Fire & Safety for fire boots ($5480)
k) Payments to Pedroni Fuel for gasoline & diesel fuel ($24,370.34)
l) Payment to Maxor Plus for employee Rx benefits ($36,281.29)
m) P O to Water Works Supply for fire hydrants ($13,627.68)
n) Payment to All Time Auto Body for repair to emergency mgt truck ($3400)
o) Scheduled payment to PPB Board of Education ($805,442)
p) Appointment of Seasonal Class II Special Officer (1)
q) Appointment of Seasonal Parking Enforcement Officer (1)
r) Request 6 month time extension to award contract for NJDOT improvements to Channel Drive
s) Approval of computer generated vouchers ($231,628.02)
t) Payment to ID Superstore for card printer & software ($2633.42)
u) Emergency Appropriation to 2009 Temporary Budget
v) Appointment of Brett Madden and Pete Renner as alternates to the Board of
Adjustment.
CONSENT RESOLUTION 2:
a) HELD (Adopt Meeting Protocol Policy)
b) P O to Detcon for two recycling containers ($14,190)
c) Approve single stream paper recycling schedule
d) Approval of St. Peter School PTA S/E application for annual “Fishermen’s 5K Run" on 3/26/11
e) Approval of participation in PPB Geese Force for non-residents
f) Approval of Rockin’ Joe Coffeehouse S/E application for outdoor Anniversary Celebration/Fundraiser on 6/26/10
g) Authorize American Rescue Workers to conduct door-to-door canvas with conditions
h) Approval of request to hold annual Mother’s Day Flower Sale at 501 Atlantic Avenue on 5/8/10 and 5/9/10.
i) Authorize Clerk to draft water/sewer rate ordinance, to increase water/sewer revenue by an amount not to exceed $330,000.00.
j) Authorize Engineer to draft development ordinance in conjunction with Bassinder lawsuit – CLOSED SESSION ITEM
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer ….YEA

COMMITTEE REPORTS:

Councilwoman Tooker: discussed flooding on Randall Avenue, dangerous lights in Council Chambers; read letter from owner of burned building on Arnold Avenue and Route 35, praising borough employees and departments; announced introduction of single stream recycling; Animal Welfare Committee craft fair brought in about $1200; police study says great things about department – congratulated them – some things need to be addressed with regard to record storage, etc. – need long term plan (Mayor Barrella: directed Clerk Ellsworth to look into changing some ordinances governing Police Department structure, to conform with current staffing and report recommendations).

Councilman Hennessy: apologized to Brian Savage, School Business Administrator, for criticizing him for putting a “No Police Director” sign on his lawn; met with Mr. Fernicola about putting 8 paid spots on the west side of Baltimore Avenue, from Arnold Avenue to Laurel Court and establishing 2 spots as loading zones for motel – asked Council to authorize Attorney to draft ordinance to add 6 spots on Baltimore Avenue and some on portion of Ocean Avenue, with Council’s input – one spot should be across from aquarium and others from Parkway to where houses start on Ocean Avenue (Mayor: no vote needed to draft ordinance).

Councilman Rizzo: agreed with Marilyn Burke about attacking someone who is not present – way out of line.

Councilman Cervino: gave update on Beautification Committee meeting – budget is down – will conduct 50/50 fundraiser during tree lighting ceremony in November and participate in town wide garage sale – complemented committee’s work, especially Dave Cavagnaro – on behalf of Beautification, complemented DPW; someone is feeding feral cats at bird sanctuary; St. Peter’s is adopting a spot at Inlet Park to beautify that area; gave update on Open Space Committee meeting – gap at boardwalk – need donors for shade pavilion which will benefit Loughran’s Point area – again complemented DPW; dispelled rumors about his actions regarding the school budget.

Councilman Dyer: on behalf of Councilman Lurie, announced a Jazz Festival fundraiser on May 11, 2010 at Europa South restaurant; asked Council to consider reinstituting parking pass to enable residents to park at Inlet without feeding the meter and to walk on the Boardwalk in the morning without having to find a non-metered spot – recommended raising price to $30 and reducing parking time to 3 hours (Mayor: moratorium was placed in 2009 by resolution – just needs to be rescinded if price stays the same; Lt. Dikun: presents problems – difficult to enforce) - will meet with Chief O’Hara and put on for next meeting; should be able to add $85,000 to specials officer budget – will meet with Chief on police budget.

Mayor Barrella: met with Councilman Dyer this morning about budget – concerned about Governor Christie’s 2½% cap – can be devastating to municipality – currently, budget calls for $264,000 increase in property taxes – if 2½% cap law goes into effect, would have to cut another $100,000 – convinced goal of Governor and his cabinet is to eliminate half of New Jersey’s municipalities.

Administrator Riehl: No report.

PUBLIC PARTICIPATION PERIOD OPENED AT 11:43 P.M.

Mr. Conti, Point Pleasant Beach: asked if all were aware of cap issue when voting on school budget.
Max Gagnon, Point Pleasant Beach: spoke about collection of illegal dumpster garbage at hotels – accused one hotel owner of doing work without permit – said Council is not collecting what’s coming to us and expecting tax payers to make up the difference.
Bill Knapp, Point Pleasant Beach: asked why Councilmen Rizzo and Cervino didn’t tell the truth in their campaign literature – voted to reduce hotel/motel tax when everyone who spoke was against it.
Dave Cavagnaro, Point Pleasant Beach: asked if Farmer’s Market vendors would be charged for table space – if not, should be; asked when Inlet bathrooms would be open
Darlene Motto, Point Pleasant Beach: spoke about hotel tax and claimed some hotels don’t tax patrons who pay cash.
Kristen Hennessy: asked Lt. Dikun if police department keeps business records and if public could be made privy to the number of police calls at specific hotels – would like a statistical analysis.
Elaine Hennessy: complained about meter posts sticking out of the ground.

PUBLIC PARTICIPATION PERIOD ENDED AT 12:10 A.M.

Motion by Councilman Rizzo to re-enter closed session to discuss one contractual matter was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Dyer ….YEA

Closed session started at 12:11 A.M. and ended at 1:00 A.M.

Motion by Councilman Dyer to adjourn was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Dyer ….YEA
The meeting was adjourned at 1:02 A.M.

Transcribed by: Eileen Farrell, Deputy Clerk

Attest: Maryann Ellsworth, Municipal Clerk


Published October23, 2010 | Council Minutes | 1097


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