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May 25, 2010


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:33 PM with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo and Dyer present. Councilmen Cervino and Lurie were absent. 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 the agenda for action; decision was made to apply for COPS FY 2010 grant application for ‘Cops Hiring Program’; Chef’s International has asked that item 5a be held.

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

Closed session started at 6:58 P.M. and ended at 7:24 P.M.

Mayor Barrella called the regular meeting to order at 7:33 P.M. Present were Council Members Tooker, Hennessy, Rizzo and Dyer. Councilmen Cervino and Lurie were absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Dyer to approve the minutes of the April 12, 2010 Council Meetings, was seconded by Councilman Rizzo and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer ….YEA

The Municipal Clerk read proclamations honoring Claire Beno and Tom Fitzgerald.

Carmine Villani, Esq., representing the Shrimp Box on their request to extend hours of operation of their outdoor service bar: there is an small outdoor seating area with a 10PM restriction with respect to alcohol service from the outdoor service bar – would like to set to same time as inside service – sit down environment with no live music – been a plus for Shrimp Box, but cannot take advantage of full extent of license, as many dine later during the season – idea was to look at it in a year – nice family business. In response to questions, George Gyftakis, owner, relayed that dinner is served as late as 11:30PM to midnight on Friday and Saturday nights during the summer.
Chief O’Hara: recommended extending from 10PM to 11PM this year and address again next year.
Councilwoman Tooker: clarified that alcohol can be served outside after 10PM but wait staff would have to get it from inside instead of the outside service bar.
Ben Dispoto, Point Pleasant Beach (PPB): this is the second or third time that this issue has come up – those were the rules when they expanded – why should we change the rules, it’s like they don't mean anything – continue to see expansion of use of liquor – bad tenor being set
John Fernicola, PPB: urged Council to support this application – business models were created 20 years ago and dynamics are changing – trying to cope in bad economy – this will help him survive.
Stewart Fischer, PPB: hears the music passing over Broadway and Sanborn – not interested in having this sound invading our quiet time.
Mr. Villani: have some soft listening music playing in background to listen to during dinner – had no complaints last year – if too loud, not a pleasant experience to enjoy dinner.
Anne Lightburn, PPB: spoke in favor of extending hours – geared to different clientele – not party central – targeting diners – place to go and relax and be tranquil, not to hype up and dance – they should be able to maximize their investment.
Motion by Councilman Dyer, to allow alcohol service from the outside service bar until midnight, was seconded by Councilwoman Tooker and denied by the following roll call vote:
VOTE: Council Members Tooker, Dyer….YEA
Council Members Hennessy, Rizzo….NAY
Mayor Barrella….ABSTAIN
Motion by Councilman Dyer, to allow alcohol service from the outside service bar until 11:00 PM, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Dyer and Mayor Barrella….YEA
Council Members Hennessy, Rizzo….NAY

John Fernicola, PPB: urged Governing Body to entertain hosting race – motels need shoulder season events to ensure survival – town would have parking even on a rainy day to see boat race which will provide parking revenue – Jenkinsons has offered their parking lot for boats – would like to host some fundraisers.
Carol Vaccaro, PPB Chamber of Commerce: would support race – have to run fundraisers before the Board.
Toni Pothoff, President of N J Offshore Powerboat Racing Association: non-profit, volunteer organization – great success with our parade two years ago – this year NJOPRA received tourism grant from state of New Jersey – Geico is this year’s sponsor – race will be covered on television – racers have always looked forward to coming here – dry pit area will be at Jenkinsons.
Mayor Barrella: firm believer in helping business and hotels by encouraging shoulder season activities as long as they do not disrupt the lives of residents – asked association to give the Governing Body a plan.
Motion by Councilman Dyer, to welcome back N J Offshore Powerboat Racing Association, the weekend after Labor Day, well-organized, well-presented, well-structured, suitable event, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances) OPENED AT 8:21 P.M.

Dave Cavagnaro, PPB: attorney should have been authorized by resolution to draft resident parking permit ordinance (Clerk drafted) – why create that kind of protocol if constantly circumventing it – Police Chief has stated that it’s not enforceable and the Administrator has stated that we are losing money – it’s a horrible budget year, so why is Council proposing something that will lose money; asked if program is only for residents who vote in Point Pleasant Beach; asked why tree ordinance was pulled – expressed concern with the $9,391.22 that ordinance has cost taxpayers to date.
Kathy Ziegler, PPB: supports parking pass – Beacon Lane is now a fire lane with no parking – there are meters, behind her home, on Ocean Avenue – yet on north end of Ocean Avenue, where bungalows are, there is free parking – only have real parking, at those meters on the southern section of Ocean Avenue, on July 4th and Labor Day
Roseanne Mazzolla, PPB: majority of people don't know what tree ordinance is about – understanding is that property owner can't do anything with trees on their private property without a permit – that’s wrong – pay real estate taxes for that private property.
Mr. Olaf, PPB: asked if it’s possible to get a copy of tree ordinance before Council votes on it.
Vince Castin, PPB: asked about Cap Bank Ordinance and Borough Auditor Swisher explained.
Ben Dispoto, PPB: asked about perceived discrepancies in verbiage in Ordinance 2010-25 (Councilman Dyer: clarified that pass cannot be used in the Risden’s South lot); asked budget question about court revenue and how revenue will increase if there’s less enforcement personnel.
Councilman Dyer: have made a few changes, adding $100,000 to the specials budget and bringing that budget to $265,000, $100,000 less than in 2009; analyzed specials and time frames – from 1/1/09 to 4/30/09, spent just under $36,000 for specials – spent just over $38,000 for that same time frame this year – from 5/1/09 to 8/31/09, spent $193,000 for specials – from 9/1/09 to 12/31/09 spent $136,000 for specials – current 2010 budget will give police department $36,000 for 9/1 to 12/1 and $190,000 for summer 2010; lowered court revenue by $50,000.
Ben Dispoto: asked about additional parking meter revenue, page 14, 195-1, 13-14% increase in salaries ($13,000 set aside for special code task force); questioned 35% increase in vehicle maintenance salaries and wages (mechanic retired last year and not replaced until this year); employee group health shows a drop of $94,000 – thought we were saving $350,000 (last year had portions both inside and outside of cap) – questioned increase on page 30, other operations, from $87,000 to $580,000 (other operations outside cap – has to do with deferred pension) – questioned page 32, OCUA, costs which are going up 11% (OCUA determines that charge).
Anne Lightburn, PPB: asked if use of open space monies for police activities is permissible; Open Space Committee recommends not using over $200,000 for police and DPW costs – Trust Fund should primarily be used for acquisition, development projects and major maintenance, such as boardwalk and sea wall repair – don't see any mention of paying down debt (paid down through Current Fund) – asked if Council intended to bond and start paying down debt this year; don't see anything for Risden’s parking lot or concession stand money (CFO Riehl answered) – would like to see more emphasis put on paying down debt and less on routine activities.
Former Councilman DiCorcia, Point Pleasant: worked to bring about hotel/motel tax which brings in about $250,000 in tourist revenue – pay that tax all over the country and people go back – disturbs me that certain Council people want to give back $125,000 of that money – this is the wrong thing to do – fought, personally, for this tax and was viciously attacked by gentlemen who opposes this tax – Mr. Chiaia, Mr. Gambarony and Mr. Fernicola who own half of the available hotel/motel space in this town, do not complain about this tax – only one man who viciously attacked several council members – read from Mr. Bilotti’s letter from April 2006: “rumors are spreading through town that there was an extended period of time in the 90s and maybe even before when you were not paying your proper bill but only the minimum. #2) Our surveillance has observed you frequenting various restaurant tavern establishments in town (example: Frankie’s, Marlin’s, Jenk’s, Rockerfella’s, Off Shore and the Elks). At some point, our surveillance will, on the spot, notify the State police upon your exiting one of these taverns in your car. Our experts tell us that it is quite possible that your blood alcohol level is, at all times, over the legal limit for driving a vehicle. Apparently, you can escape our local police by flashing your father’s badge. For your own good, be cautious. I am concerned that you may kill yourself or, even worse, some innocent victim. The above will be brought to the public’s attention at an appropriate time in the future. I am sorry that I must resort to such draconian actions directed at an otherwise good public servant, such as yourself. However, my family and I have been suffering severe financial damage because of the action of your Point Pleasant Beach Council. I am enjoying my new role as watchdog for the resident taxpayers of Point Pleasant Beach and now have the opportunity to help our Beach residents, as much or even more than yourself and the rest of our Governing Body.” – signed by Joe Bilotti, (732) 899-1227 – he doesn't even live in Point Pleasant Beach and he represents a taxpayers’ association – if anyone here is in that taxpayers’ association, please stand up and tell us who your are because it’s nothing but a phantom –urged Council to rethink reduction of hotel/motel tax, which will cost our taxpayers $125,000 – it’s political suicide; congratulated Chief O’Hara.
Mayor Barrella: that 899-1227 number is listed at the residence of Mr. Bilotti, which is 301 Eastham Road – Point Pleasant.
Mike Ramos, PPB: hotel manager – thanked council members Tooker and Lurie, for responding to the letter he sent after last Council meeting – have no political agenda – been in the hotel business over 22 years, working for major corporations and Mom & Pop organizations – proposed decimation of hotel tax is a foolish maneuver with present economy – by my math specials still being shorted $100,000 – tourists are contributing to this tax, not the taxpayers of this town – asked what is the measure of success for dropping the tax – hotels are starting to come back economically – hear that Mayor has serious concerns with revenue streams – asked how $125,000 loss will be made up – may consider this an unfair tax, but a lot of people consider property taxes unfair – there is a problem with the American economy – there are shops closing on Arnold Avenue – the hotel tax is paid throughout this country – this is a resort town that relies on tourism – would like to go to council in community where my Hilton is and show them my books which show a decrease for last year and two previous years – but it is an indicator of the economy the hotel tax has been around longer than the last 3 years – arbitrary giving away of funds in the current economic climate is fiscally irresponsible.
Vince Castin, PPB: questioned general revenues on budget sheet 5, asked why energy receipts tax is down (due to Governor Christie – considered by him as state aid – but substitute for taxes we used to collect individually – it is our money being funneled through Trenton and Trenton is sending less and less of it back – energy receipts tax relates to utilities and provides compensation to us for JCP&L sub-station and N J Transit coming through town – used to collect it directly, now Governor is using for his budget).
John Fernicola, PPB: can help me – going to put meters next to my hotel – asked about a loading zone there that they can operate a shuttle from – responded to Mayor that cutting hotel/motel tax in half would not double his revenues – advertising and marketing would help.

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances)
ENDED AT 9:17 P.M.

Motion by Councilman Hennessy, to table action on Mayor’s veto of Ordinance 2010-12 (Reduce Hotel/Motel Tax to 1.5%)until Councilman Cervino returns from Florida, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Ordinance 2010-21 (Wastewater Discharge Prohibitions) was considered on second reading. Public hearing was opened with no member of the public wishing to be heard.
Motion by Councilwoman Tooker, seconded by Councilman Hennessy and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2010-21.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Ordinance 2010-22 (Coin Toss Guidelines) was considered on second reading. Mayor Barrella opened the hearing to the public.
Mr. Paesano, PPB: asked if Little League would be covered by Ordinance (Attorney Riordan: language states “included but limited to” would preclude any successful challenge being mounted against Ordinance because Little League was added at this point. Mayor Barrella: may be safer to amend at next meeting) – asked if town owned Little League fields and if Open Space money could be used to make improvements there.
Motion by Councilman Dyer, to add Little League to Ordinance 2010-22, was seconded by Councilman Hennessy and carried by the following call vote.
Council Members Tooker, Hennessy, Rizzo, Dyer….YEA
Motion by Councilman Dyer, seconded by Councilwoman Tooker and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2010-22.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Ordinance 2010-23 (Establish Cap Bank) was introduced on first reading. Motion by Councilman Dyer to approve Ordinance 2010-23 on first reading was seconded by Councilwoman Hennessy and carried by the following roll call vote. Public Hearing will be held on June 15, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Ordinance 2010-24 (Parking on portions of Baltimore and Ocean Avenues) was introduced on first reading. Motion by Councilman Dyer to approve Ordinance 2010-24 on first reading was seconded by Councilman Rizzo and carried by the following roll call vote. Public Hearing will be held on June 15, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Ordinance 2010-25 (Resident Parking Permit) was introduced on first reading. Councilman Dyer: introduced in response to challenges faced by residents during summer, fishermen at the inlet and resident who walk the Boardwalk – price will go from $10 to $30 and parking time will go from 4 hours to 3 hours.
Motion by Councilman Dyer to approve Ordinance 2010-25 on first reading was seconded by Councilwoman Tooker and carried by the following roll call vote. Public Hearing will be held on June 15, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Motion by Councilwoman Tooker, to defer $5,280,304.45 in school taxes, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Motion by Councilman Dyer, to authorize self-exam of 2010 Municipal Budget, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Council discussed amending water/sewer rates; Mayor Barrella: current ready to use (RTU) rate is $99 with a split of 40% water and 60% sewer charges; Administrator/ CFO Riehl explained that $323,000 shortfall was caused by rate increases by Brick Utilities and the OCUA ($120,000) with $221,000 being the amount taken from the water/sewer surplus last year to balance the Municipal Budget; Councilman Dyer: water/sewer should pay for and take care of itself – there is a cost to deliver water to everyone's house – recommended alternative #14 with RTU charge of $120 – cost to deliver water to each household is $128 – first 3,000 gallons ($10 charge) would be free – so, effective cost to each household is about $10 with $7 for seniors – all graduated levels would remain the same; Mayor Barrella: bottom line is water/sewer hook-up fee has gone from $90 to $120 in two years – a 33% increase for all of the low end users in town – our bars and bigger users are not getting much of an increase – has been suggested that water/sewer be taken over by Brick Utilities – if we do that the amount would come back into the budget and be subject to all of our caps – can't hit the low end users time and again to subsidize the high end users – giving a break to hotels/motels by reducing that tax and again here – heard that there is a threat of a class action lawsuit by high end users if those rates are raised – believe we should put that $221,000 taken out last year back into the water/sewer utility and adopt alternative #8, which is a 10% increase to the rates with a RTU fee of $99, which would raise $239,000, or alternative #9 , which is a 5% increase to the rates, which would raise $130,00 – a lot of options short of hitting the little guy with a 33% increase over a 2 year period – let’s look at increasing the high end rates, over 37, 500 gallons, by 10%, which would yield $447,000 – if you’re going to hit the low end guys and the families, let’s hit the high end users too – vetoed it last year and will do so again this year – works out to $84 a year on every user – putting the money back would cost $56 and be deductible on income tax; Councilman Dyer: believe this is fair for all the residents – don't believe in principal of taxing the rich for all others – will be giving 3,000 gallons for free – people who will be paying at low end are those who tax our infrastructure but only use water for part of the year – in essence going from $99 to $120, but saving $10 if using 3,000 gallons, so only going up $10 for most people – one of the reasons we had a shortfall this year was usage went down and fixed costs were the same – believe utility should be solvent, but not generate a surplus – however, sometimes will have a shortfall and sometimes a surplus based on usage; Mayor Barrella: were 117 alternatives done in 2004 – went away from supplementing the high end users – some of the biggest users were getting 3, 4 gallons of water and paying for one – to a point, now, where they pay for the cost of the utility based upon their usage – want to raise RTU 20% across the board, but should increase 10% for those using over 37,500 gallons – let’s urge them to conserve – water is a scarce resource – they should be paying more, the more they use – high end guys are paying the same and the little guys are picking up the tab – wanted to do 3% across the board last year and this Council gave a raise of 10% to the little guys and left the big guys alone – pay back what you took from the water/sewer utility last year – can't play this game from 15 years ago, it doesn’t work.
Bill Knapp, PPB: why don’t we leave hotel motel tax, use it to pay for extra special officers and generate some more revenue.
Ben Dispoto, PPB: asked if water was a utility and governed by general BPU rules – you pay for gas and electric by usage, water should be the same way.
Motion by Councilman Hennessy, to introduce Ordinance 2010-26 (Water/Sewer Rate Increase based on alternative #14) on first reading, was seconded by Councilman Dyer and approved by the following roll call vote. The public hearing will be held on June 15, 2010.
VOTE: Council Members Hennessy, Rizzo, Dyer….YEA
Councilwoman Tooker….NAY

Borough Auditor Swisher explained how the current budget cap works and how the proposed 2.5% hard cap would work.
Mayor Barrella: on a $5,889,000 proposed hard cap would come to approximately $147,230 – if our health insurance costs go up a conservative 17.5%, our budget goes up $195,475 and Point Pleasant Beach is starting out $47,000 in hole just taking health insurance into account – let’s not forget that we’re losing $456,000 worth of revenue – this budget anticipated $790,000 in money being shifted from our ‘savings account’ to our ‘checking account’ and only leaving $335,000 in our ‘savings account’ for next year – up to $500,000 in hole looking at just 2 items – this Council is intent on focusing on just ‘what is the tax increase’ – that’s what older politicians do who don’t understand the levy caps and that’s what young politicians do who listen to those older politicians – these caps hamstring us incredibly – if we don't protect ourselves, where does that $500,000 come from next year – which employees are you going to lay off – how many cops are you going to lay off, because that’s where you’re going to be at again – this budget does not cut spending enough – when I met with union representatives, I asked for a 5% salary cut, the equivalent of 13 furlough days, but I promised them I would fight for a tax increase that gave us a chance to be stable – not a very popular thing for a politician, but it’s the right thing to do – if we do not build stability – our employees have to give us back a little bit and we have to pay a little bit more until those people who are really making the money get away from having their objection to having the Governor and the legislature give us the right to raise the money we need from the tourists – to keep doing it on the backs of one is not fair – there is a lot of levy cap room on this table, levy cap room that can pay for stability – asked Auditor Swisher how many of his customers leave levy tax room on table in this day and age – commented about $350,000 increase in anticipated parking, which can be affected by rain and gas prices – not advocating spending a dime more, but if you keep over anticipating revenue, you’re going to have a problem – what the Council did from 2005 to 2007 was to consistently increase revenue anticipation and then that revenue ran out – going to be broke and vulnerable to consolidation unless this Council acts responsibly.
Motion by Councilman Dyer, to introduce the 2010 Municipal Budget, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker*, Hennessy, Rizzo, Dyer….YEA
*Councilwoman Tooker: Finance Committee has worked really hard and spent countless hours on the budget – some things need to be tweaked – need to hear from public – would like more money for specials.

Clerk Ellsworth added several items to consent resolutions listed below:

Attorney Riordan asked that item 1/g be held and Councilman Hennessy asked that 2/d be held; item 1/f was removed for separate consideration – main concern for police department would be people crossing highway in middle of block on the weekend before July 4th – might need officer to cross pedestrians mid-block which they would have to pay for; David Cavagnaro: asked about comfort station hours and asked what was being appealed in Boylan case; Ben Dispoto asked how many seasonal public works employees there were – complained seasonal terminology is too vague and amorphous.
Motion by Councilman Dyer, to adopt resolutions covering items listed below, was seconded by Councilman Rizzo and carried by the following roll call vote:
a) HELD (Renewal of Tylee, Inc. ABC License)
b) HELD (Transfer of ABC license from Tylee, Inc. to Wine Point, LLC)
c) Authorization for Mayor to execute Data Exchange agreement with OC Prosecutor’s Office
d) Payment to OCUA for 2nd Quarter installment ($298,560.00)
e) Approval of Payroll #9 ($267,530.14) and Payroll #10 ($234,131.54)
f) REMOVED for separate consideration (ABC License Extension for Frankie’s Bar and Grill during two day Jazz Fest)
g) HELD (Authorization for Mayor to execute Professional Services Contract – Engineer)
h) Appointment of seasonal Public Works laborers (4)
i) Appointment of Inlet comfort station attendants (2)
j) Appointment of seasonal court file clerk (1)
k) Payment to Maxor for employee Rx benefit ($36,281.29)
l) Payments to Schulman, Weigmann from BOA escrow ($950)
m) Payments to the Galvin Law Firm from Planning Bd & BOA escrow ($2495)
n) Scheduled payment to PPB Board of Education ($805,438)
o) Payment to Brick Utilities for April bulk water usage ($66,062.43)
p) Payment to WWSC for fire hydrants ($13,627.68)
q) Payment to Ocean County Landfill for tipping fees ($50,000)
r) Payments to CMX from Planning Board escrow ($364.83)
s) Water/Sewer bill adjustments ((8 Accts)
t) Payment to Asbury Park Press from BOA escrow ($49.04)
u) Payment to Schulman Wiegmann from BOA escrow ($475)
t) Approval of computer generated vouchers ($941,228.46)
a) Emergency Appropriation to 2009 Temporary Budget
b) Payment to Metric Parking for parking machines, paper and service contracts ($147,260)
c) Water/Sewer bill adjustments (4 accts)
d) HELD (Establish 2010 Recreation Park Program Salaries)
e) Appointment of Guy Dempsey as Emergency Mgt Coordinator and Kyle Grace as Deputy EMC subject to resignation of Daniel DePolo
f) Approval of curb cut at 503 Atlantic Ave, subject to confirmation that neighbor does not have an objection
g) Approve VFW annual Buddy Poppy Drive
h) Authorization for Clerk to draft ordinance amending storm water regulations
i) Authorize Attorney to draft ordinance to change “Yield to Pedestrians” regulations to “Stop for Pedestrians”
j) Authorize Engineer to investigate items for Green Acres Grant including Lake Louise dredge and vegetation replacement at Lake of Lillies
k) Authorize Attorney to draft resolutions in regards to Unfair Labor Practice settlement – CLOSED SESSION ITEM
l) Approval of closed session minutes: April 12, 2010, May 4, 2010 and May 10, 2010 – CLOSED SESSION ITEM
m) Authorize Attorney Starkey to appeal decision of commissioners in regards to Boylan case – CLOSED SESSION ITEM
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

CONSENT RESOLUTION 3: Borough Engineer’s recommendations for one-way at intersection of Riverside Place and Harvard Avenue was considered.
Al Varosi, PPB: gave background about his request and petition to have two streets changed to seasonal one way, which was provided to the Borough Engineer for his recommendations, provided by letter dated May 7th letter – support Harvard Avenue being one way, westbound, for two blocks, between Riverside Place and Baltimore Avenue – parking demand has increased with increased usage at Jenkinsons northern end and Wharfside Patio.
Councilman Dyer: would agree with recommendation of one way, westbound, on Harvard Avenue, from Boston to Baltimore.
Al Varosi: most of the residents did not mind the inconvenience.
Chief O’Hara: recommended making Harvard Avenue one way westbound from Riverside to Baltimore and leave Sanborn two way and implement a ‘no left turn’ from Riverside onto Broadway.
Dave Cavagnaro: warned Council that they are creating, little by little, a maze – that’s impacting other streets greatly and I happen to live on one of them – should look at what it’s doing to the entire district and what that district is doing to the entire town.
Stewart Fischer, PPB: something has to be done on both ends of the street – there have been accidents due to lack of signage on the east side and conflicting signage on the west side – something should be done immediately.
Motion by Councilman Hennessy, to introduce Ordinance 2010-27 (Establish seasonal one way street on Harvard Avenue pursuant to recommendations by Chief O’Hara and Engineer Savacool), was seconded by Councilman Rizzo and approved by the following roll call vote. Public hearing will be held on June 15, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

CONSENT RESOLUTION 4: Application from Frankie’s Bar and Grill to extend its ABC License during the 2010 Jazz Fest was considered.
Councilwoman Tooker explained that Chief O’Hara had concerns about people crossing mid-block on the highway – might need an officer to cross those pedestrians.
David Cavagnaro, PPB: objected last year when they asked for permission to serve alcohol outside their premises during the Seafood Festival as it created another opportunity for people to drink – the Police Chief was against it – that night there was an incident at that bar – for the same establishment to expand its drinking again with wine served across street is a big mistake – reason the wine festival was originally approved was that it attracts a certain class of people – beer attracts a different class of people – clientele can drink alcohol inside, no reason to bring it outside – this is a special event and shouldn’t be contaminated by other people serving outside.
Ben Dispoto, PPB: echoed Mr. Cavagnaro's sentiments – can't get away from this mindset of expanding use of alcohol in this town – when are we going to draw the line – sooner or later will have a serious problem.
Councilman Hennessy: clarified that incident at Frankie’s, during Seafood Festival, came directly from the Elks; Councilwoman Tooker: Chamber is trying to build the Jazz Fest up – it should be itself.
Motion by Councilman Rizzo, to deny Frankie’s application to extend, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA


Councilwoman Tooker: single stream recycling started this week; Rickover Park being rehauled by State – rain garden will handle our storm water management in that area; Environmental Commission is getting Green Team off the ground– anyone interested in joining should contact them; presented police report for the month of May.

Council Members Hennessy, Rizzo and Dyer: No Report

Mayor Barrella: No Report

Administrator Riehl: No Report


Stewart Fischer, Chair of Recall Committee: asked that the Mayor “step away from the gavel and retire” if he was not going to appeal Judge Foster’s decision to the Supreme Court.
Mayor Barrella: If appellant division, upon motion for reconsideration, doesn’t realize its mistakes, that Judge Foster believed you, would welcome chance to run against you.
Mr. Fischer was removed from the room for use of foul language.
Mayor Barrella: Mr. Fischer, was asked, under oath, if he received assistance while circulating his 46 petition pages and he answered “Swear to God, Absolutely No” so no one else solicited any signatures on your 46 pages “Impossible…because they were in my possession. They were in my box. I kept them separate” – that was his testimony until Christine Ciancia testified that the petition (he signed as circulating) was circulated to her by John Barry, her former classmate – at which time, Mr. Fischer’s testimony became “well Mr. Barry had a better chance at getting her signature than I did, but I was there.” – that’s what the judge bought, page after page after page – the appellate division refused to override him – not going to sit here and let him make believe that there was not massive cheating in this case that Judge Foster ignored.
Dave Cavagnaro: thanked Mayor for asking gentleman to leave when he cursed; complimented Councilwoman Tooker and Administrator Riehl for their efforts in obtaining the rain garden; suggested a notice in newspaper which delineates which districts are 1, 2, 3 and 4 – many residents don’t know which district they live in; volume at Band Shell drowned out radio in his yard during last special event there – asked Council to make charitable groups aware that they should keep the volume down.

Motion by Councilman Dyer, to enter closed session to discuss one litigation, one contract and two personnel matters, was seconded by Councilman Hennessy and carried by the following roll call vote. Action may be taken on matters discussed therein.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA

Closed session started at 11:18 P.M. and ended at 11:31 P.M.

Motion by Councilwoman Tooker, to come out of closed and adjourn the meeting, was seconded by Councilman Hennessy and carried by unanimous vote of those present.

Attest: Maryann Ellsworth, Municipal Clerk

Published December17, 2010 | Council Minutes | 1125

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