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July 6, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM with Mayor Barrella and Council Members Hennessy, Rizzo, Cervino, Lurie and Dyer present. Councilwoman Tooker was 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 agenda for action; Administrator Riehl explained water/sewer bill request, her recommendation and policy regarding retroactive relief; Councilman Cervino expressed concern that approval of Leukemia request would open door to all non-profits to solicit this way – could lead to liability issues with Boardwalk patrons objecting to being stopped and solicited; decided that member of Environmental Commission should be present to answer questions about their request; decided to approve filing of application for DOT grant with streets to be determined at the next meeting; Mayor Barrella asked to add Consent Resolution 3 as the Planning Board Attorney will not be present, nor will there be a full complement of the Board.

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

Closed session started at 7:01 P.M. and ended at 7:38 P.M.

Mayor Barrella called the regular meeting to order at 7:44PM. Present were Council Members Hennessy, Rizzo, Cervino, Lurie and Dyer. Councilwoman Tooker was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Mayor Barrella: proclamation honoring Chief DePolo for his service to the Borough was presented at his retirement dinner.
Attorney for Chef’s International has asked that their request be held for hearing at the July 27th Council meeting.

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances)
WAS OPENED AT 7:48 P.M.

Dave Cavagnaro, Point Pleasant Beach (PPB): asked if Council was aware that cat trailers violate local ordinances 3-7.2 and 19-11.8j – asked Council to reconsider putting a cat trailer next to someone's home; asked if there are any plans to put a parking garage anywhere in town (Councilman Dyer: was going to bring up tonight – preliminary stages – looking at vintage car museum, which would rent portion of first floor – would pick up an additional 180 spots, approximately $540,000/year - $6M to build would cost $400,000/year in bond repayments) concerned that taxpayer dollars were used to pay engineer for investigation, but was not authorized by public vote (not accurate reading of OPMA – within scope of engineer’s duties – payment has to be approved); asked Council to review fees for Farmers’ Market – vendors getting lot for half price; issues with rowdy behavior at properties – some zoning matters and police not aware of what they can site – asked that Council return to system of having zoning official available on the weekend to work with police.
Annamaria Adellizio-Diaz, PPB: at its recent meeting, Board of Education did a good job of listening to the community when negotiating (administrator) contracts – asked why the Governing Body doesn’t listen to the community.
Joe Lemma, PPB: donated sign to library, which they refused to accept (should take complaint to the Ocean County Library Commission).
Max Gagnon, PPB: Farmers Market held on 4th of July in railroad parking lot – had to cost the town a fortune in lost revenue – spaces are at a premium, asked why town would allow that – they were still there at 1PM.
Diane Giancola, PPB: disappointed in Lake Louise dredging project – encouraged Council to complete project in manner residents were told it would be – travesty project not done to specification.
Jack Betz, PPB: before town spends money on attorneys should look to $1M bond – 2 problems: one with engineering firm, the other with contractor – no contractor wants the bond company being called – got charged $39,000 for safety and cones being put up – cones cost $11 each to purchase and the arrow boards cost $350/month – signs to rent – engineering firm told contractor to go up the creek ,then had to bring it over ground and was delayed – but contractor was put on notice he needed to work later to come in on time – most contractors that don't fulfill their contract are thrown off the job – for Birdsall to ask for $40,000 extra is wrong – should have bonding company investigate who’s to blame – have a lot of leverage here; referenced hotel/motel tax and the fact that Governing Body should be listening to residents – getting involved in shared services should be put out to referendum.
Judi Vanderzee, PPB: complained that contractor dredged 50 feet out from private docks instead of 15 feet out – when pipe broke, the “black mayonnaise” flowed toward her property – asked who was overseeing the work.
John Szafranski, PPB: asked why Governing Body has residents paying for hotel/motel tax reduction, instead of asking the state to reduce their portion; complained about machine being utilized on beach to clean sand at 5 AM when it shouldn't start before 8 AM; asked who pays for police at weekly beach concerts; complained about buses parking on Ocean Avenue across Vetrini Lane; asked why fireworks started at 10PM on July 4th.
Ben Dispoto, PPB: questioned $750,000 to be expended on Little League fields – field maintenance should be shared by those using them – urged caution with expending funds.
Jay Reynolds, PPB: major league team only fielded two teams and Borough joined with Beach – games are played in both towns.
Al Varosi, PPB: geese solution has been working on two southern lakes, but they have been transplanted to Lake Louise – lots of goslings (Administrator will contact Muskrat Jack).

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances)
ENDED AT 8:45 P.M.

Veto of ordinance 2010-26 (Water/Sewer Rates) was considered. Mayor Barrella: fully consistent with veto issued last year on same point – last year, hook up fee went from $90 to $99 with no change in rates – this year was increased from $99 to $120, with burden still on low end users – if a 10% across the board increase was instituted, our two largest users on Boardwalk would see a $10,000 increase – if Council put back the $220,000 taken from water/sewer last year to balance the budget, the cost to average $700,000 home would be about $60 in property taxes as opposed to an additional $80 in water and sewer, while not doing so is savings Jenkinsons $10,000 by paying that same $80 – low end users are subsidizing high end users – most equitable way to do it is to raise rates across the board.
Don Betz, PPB: complained that town has water meters that are more than 10 years old while BPU mandates that meters be changed out every 10 years – possibility that they can skip the larger numbers.
Dave Cavagnaro, PPB: asked Council not to override veto – Brick Utilities rate increase was passed along as ready to use fee – electric bills have delivery charge of about 1/2 your bill, the more you use, the more you are paying for delivery fees – fair method is to pay more for using more – discriminatory to target 40% to 50% of users, making them pay more instead of spreading it across the board.
Councilman Dyer: all users should pay cost of delivering water to their homes.
Max Gagnon, PPB: support veto – overlooking large portion of the bill – don’t only buy water, but also dispense sewerage – businesses on Boardwalk dispense a lot more sewerage through patrons at their establishments – using both systems a lot more than we are and should be paying.
Al Varosi: in favor of Mayor’s objection – system must be larger to handle the higher end users – minimum usage should be increased to about 7500 gallons – high end users also require higher maintenance.
Ben Dispoto: asked why water should be different than all other utilities, which are based on usage.
Councilman Rizzo: asked how taxes would be affected by Mayor’s proposal.
Mayor Barrella: increase is roughly $60 on a $700,000 home – that $60 is tax deductible so you’re looking at about a $42 bill – if you use 15,000 gallons of water, looking at an increase this year of $40, which is not tax deductible – businesses can deduct both, but more importantly, businesses using 100,000 to 1,000,000 gallons of water are paying the same water/sewer increase as someone using 5,000 to 15,000 gallons – Jenkinsons will save $10,000 in taxes, but you will save $60 while both paying a $40 water/sewer increase – question is the fairest way to pay for what you use.
Councilman Dyer: disagreed with Mayor’s figures – seniors not using 15,000/quarter – cost to seniors under this plan is $28/year, compared to $60, with plan you are proposing – talking about 32% tax break on tax write-off – not comparing apples to apples in your explanation – each homeowner should cover the cost of receiving water/sewer service.
Mayor Barrella: $19.41/quarter over two-year period – have moved away from the 2004 reforms.
Motion by Councilman Dyer, to override Mayor’s veto of Ordinance 2010-26 (Amend Water/Sewer fees,) was seconded by Councilman Hennessy and defeated by the following roll call vote, as override requires a 2/3 majority or 4 votes.
VOTE: Council Members Hennessy, Cervino, Dyer….YEA
Council Members Rizzo, Lurie….NAY

Mayor Barrella: budgeted $341,000 from water/sewer – asked Auditor Korecky for advice on how to proceed; Mr. Korecky: cannot anticipate that revenue in the budget, because there is no source to levy the fees; the Governing Body discussed the best way to bridge the approximate $323,000 gap and compromised by introducing a new water/sewer rate ordinance, raising both ready to use and usage fees by the same percentage across the board, with a water/sewer fee ratio of 45%/55%.
Ordinance 2010-40 (Amend Water/Sewer fees) was introduced on first reading. Motion by Councilman Dyer to approved Ordinance 2010-40 was seconded by Councilman Lurie and carried by the following roll call vote. The public hearing will be held on July 27, 2010.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Mayor Barrella opened the 2010 Municipal Budget Hearing to the public.
Max Gagnon, PPB: suggested getting readings from both Brick Utilities and the OCUA to get a true ratio.
Mayor Barrella: falling into the trap of allowing the President and Governor to pass burden to municipalities – go up another 1.6 cents and put it away for a rainy day – looking to build surplus – more important to protect Point Pleasant Beach than to give false impression of low tax increase – agreed with spending cuts, advised cutting more – let's convince employees who realize it means jobs if we don’t fix this – already spoke with them and had advised 13 furlough days – missed out on police furloughs – asked Finance Committee to lower revenue projections and cut spending – if I'm right you can't fix it, it will be the demise of Point Pleasant Beach – will be facing a 2% hard cap next year – give us an opportunity to get the Governor's tool kit passed – if I'm wrong you can give the $400,000 back – budgeting to the next election cycle will be the death of us – don’t want to become the Boardwalk section of either Point Pleasant or Brick.
Councilman Dyer: saved $60,000 through Courts for next year – will be saving $70,000 in Public Works through attrition – will also be asking to re-stripe Silver Lake lot parking spots, from 9’ to 8’6”, picking up an additional 22 spaces for an additional $66,000 in revenue.
Motion by Councilman Hennessy, to close the public hearing on the 2010 Municipal Budget, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-08 (Establish Meeting Procedures) was considered on second reading. Mayor Barrella opened the hearing to the public.
Attorney Riordan: has not changed since passage on 1st reading – supplements “Roberts Rules” with meeting policies.
Dave Cavagnaro, PPB: asked where meeting schedule was set – asked Council to change meeting schedule back to a bi-weekly one.
Motion by Councilman Dyer, to close public participation, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Mayor Barrella: time would have been better spent working out sharing of courts – another attempt to emasculate the office of the Mayor – asked how much time and money was expended on same.
Motion by Councilman Dyer, to adopt Ordinance 2010-08, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-27 (Seasonal One-Way on Harvard Ave) 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 the public hearing and adopt Ordinance
2010-27, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-28 (Pedestrian Crossings) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Lurie, to close the public hearing and adopt Ordinance 2010-28, was seconded by Councilman Rizzo, and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-30 (Loading Zone on Baltimore Ave) 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 the public hearing and adopt Ordinance
2010-30 was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-31 (Mobile Vendors’ Hours of Operation) was considered on second reading. Mayor Barrella opened the hearing to the public.
John Fernicola, PPB: spoke on need to look at mobile vending ordinance to help existing merchants and vendors in Point Pleasant Beach – merchants don’t need competition from outside vendors – suggested modeling ordinance change on sidewalk ordinance.
Ben Dispoto: asked if ordinance would be enforced during Seafood Festival.
Glen Paesano: questioned residency requirement for working for town – asked if that could apply here – asked about limiting permits.
Motion by Councilman Cervino, to close the public hearing and adopt Ordinance
2010-31, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Lurie, Dyer….YEA
Councilman Cervino….NAY

Ordinance 2010-32 (Handicapped Student Drop Off Zone) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Dyer, to close the public hearing and adopt Ordinance 2010-32, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Lurie, Dyer….YEA
Councilman Cervino…..NOT VOTING, as he was not physically present in Council Chambers during roll call.

The Municipal Clerk asked that Ordinance 2010-37 be tabled due to legislation currently in State Legislature. Motion by Councilman Dyer, to table Ordinance 2010-37, was seconded by Councilman Rizzo and carried by unanimous vote of those present.

Ordinance 2010-35 (Prevent Refuse from Mixing with Storm water) and Ordinance 2010-36 (Handicapped Parking Penalties) were considered on second reading. Public hearings were opened and held with no member of the public wishing to be heard.
Motion by Councilman Lurie, to close public hearings and adopt Ordinances 2010-35 and 2010-36 was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-38 (Resident Parking Permit Limitations) and Ordinance 2010-39 (Amend Coin Toss) were introduced on first reading.
Motion by Councilman Lurie to approve Ordinances 2010-38 and 2010-39 on first reading was seconded by Councilman Cervino and carried by the following roll call vote. Public Hearings will be held on July 27, 2010.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Clerk Ellsworth added several items to consent resolutions listed below; Mayor Barrella asked that item 1/A be considered separately; Councilman Lurie asked that items 1/C and 1/D be considered separately.
Motion by Councilman Lurie, to close public participation and adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by roll call vote.
CONSENT RESOLUTION 1:
a) REMOVED for separate consideration (Adopt Meeting Protocol Procedures)
b) Amend Recreation summer program salaries
c) REMOVED for separate consideration (Rescind RFP authorization for Sanitary
Sewer project)
d) REMOVED for separate consideration (Appointment of O’Donnell Stanton as
Engineer for continuation of Sanitary Sewer project )
e) P O to Lawmen Supply Co for police body armor ($6075)
f) Payment to Pitney Bowes for prepaid postage ($4000)
g) Approval of Payroll #13 ($250,297.56)
h) Payment to Ocean County Landfill for tipping fees ($50,000)
i) Payment to Brick Utilities for April/May/June bulk water usage ($173,745.42)
j) Petition County to reinstate hazardous waste collection program
k) Payment to DETCON for recycling containers ($14,190.00)
l) P O to Interact Public Safety for police systems’ maintenance ($5713.20)
m) Scheduled payment to PPB Board of Education ($865,840)
n) Payment to Pedroni Fuel for diesel fuel ($7943.11)
o) Authorization to auction old fire truck
p) Payments to Schulman, Wiegmann from BOA escrow ($450)
q) Appointments to PPB Fire Co #2 (2)
r) Approve VFW Post 4715 application for ABC Social Affairs permit on 8/21/10
s) Appointment of seasonal public works laborer (1)
t) Refund dewatering bond – 1005 Gowdy Ave ($200)
u) Payments to Galvin Law Firm from BOA escrow ($130)
v) Payments to NJ Health Benefits ($146,646.74)
w) Approve Wharfside application for ABC temporary storage permit
x) Renewal of ABC Licenses (2)
y) Performance Bond Reduction - Domm
z) Approval of computer generated vouchers ($444,387.49)
aa) Water/Sewer bill adjustments (5 accts)
CONSENT RESOLUTION 2:
a) Deny Boenning request for retroactive water/sewer billing relief
b) Approval of Leukemia/Lymphoma Society S/E application for fund drive on Boardwalk
c) Approval of Ocean Fire Co #1 S/E application for Dedication of Memorial
d) Approve NJ Environmental Federation Canvassing throughout town with restrictions
e) Authorize T & M Associates to prepare specs to continue Lake Louise dredging – CLOSED SESSION ITEM
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Motion by Councilman Dyer, to adopt ‘Meeting Protocol Procedure’ Version 1, was seconded by Councilman Cervino.
Ben Dispoto, PPB: asked about the differences in versions 1 and 2.
Dave Cavagnaro, PPB: asked that public be provided with copies of both versions before voting.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Councilman Lurie….ABSTAIN

Items 1/C (Rescind RFP authorization for Sanitary Sewer project) & 1/D (Appointment of O’Donnell Stanton as engineer for continuation of Sanitary Sewer project) were considered.
Councilman Dyer: four special project engineers were interviewed before I&I project began – O’Donnell Stanton actually saved us money by finding that some things that CME was proposing didn't need to be done - have been on board for last phases and are familiar with the project.
Councilman Lurie: talked a lot about money tonight – O'Donnell Stanton contract for Phase I was approved at $22,000, but total billing for Phase I was $395,000 – wants budget for Phase II – prepare lump sum budgets for towns he provides engineering services for – if those budgets are exceeded, is stopped by those towns – Phase II contract talks about lump sum costs – then they list 1.1 to 1.5 and 2.1 to 2.4 with lump sums and then give an estimated total fee – that's mixing apples and oranges – item 2.3 of their contract says presentation to Borough Council, if needed, is $1,500 for about 1/2 hour work – cannot keep control without setting a budget – need to have employees notify us if they exceed contract costs – that $395,000 equates to 1.5 cents on the tax rate – that’s why I suggested using RFP process.
Marilyn Burke, PPB: found a lot of protection to those issuing RFPs and RFQs – have a pool and find people who might do a better job – Council needs to do a better job of listening to the residents.
Dave Cavagnaro, PPB: RFP will be more specific and give us better control on options.
Ben Dispoto, PPB: questioned whether anything above $17,500 has to go out to bid (Local Public Contracts Law exempts professional services).
Mayor Barrella: might be a moot point, as 5% down payment is not included in the budget and water/sewer utility was not self-liquidating last year.
Administrator Riehl: could include $34,000 down payment in this year’s budget by including in water/sewer rate amendment – if not, can do an emergency appropriation or hold until next year.
Motion by Councilman Cervino, to close public participation on items 1/C and 1/D, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Motion by Councilman Lurie, to not rescind RFP authorization for Sanitary Sewer project, died for lack of second.
Motion by Councilman Dyer, to rescind RFP authorization for Sanitary Sewer project, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Hennessy, Cervino, Dyer….YEA
Council Members Rizzo, Lurie….NAY
Motion by Councilman Cervino, to appoint O’Donnell Stanton as engineer for continuation of Sanitary Sewer project with no expenditures until there are funds in the budget and with incorporation of all of Councilman Lurie’s suggestions, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Cervino, Dyer….YEA
Council Members Rizzo, Lurie….NAY

CONSENT RESOLUTION 3 [ Request that Planning Board hold off on reviewing Ordinance 2010-29 (Building East of Boardwalk) until its next regularly scheduled meeting after July 7th] was considered.
Mayor Barrella: concerned that Board Attorney Galvin be there – concerned with expansion of use – also concerned with this case proceeding in Ocean County.
Dave Cavagnaro, PPB: asked for postponement – fact that Dennis Galvin is attorney for both land use boards brings continuity – think it’s critical that both Attorney and members sit together for mutual input on this ordinance – need right Attorney, who has background in and is familiar with history of this municipality, to sit at that meeting.
Lucille Buonacore, PPB: Boardwalk keeps building and building – give them a free hand and it will be worse.
Motion by Councilman Dyer, for Planning Board to review Ordinance 2010-29 at its next meeting tomorrow night, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Councilman Lurie….ABSTAIN

COMMITTEE REPORTS:

Councilman Hennessy: busy July 4th weekend – thanked all volunteers, Fire and First Aid companies, Police and Public Works for working hard in the extreme heat – First Aid had 39 calls on July 4th alone.
Councilman Rizzo: reminded all that when they have a complaint, should put it in writing and address it to the department whose purview it is – can also go to the County and State for help.
Councilman Cervino: Beautification Committee will be selling raffles at $1/ticket – deserve a lot of credit for planters, especially in this heat; gave kudos to DPW for amazing job over the holiday weekend; should think about ending all commercial trash pick-up; were called about some parking machines that were not functioning.
Councilman Lurie: spoke about projects and budgets – would like to sit with Administrator Riehl and work out something to keep it under control.
Councilman Cervino: once brought up idea of using expertise of residents in town; asked that Ordinance 2010-05 be taken off the table and scheduled for next meeting.
Councilman Dyer: thanked Police Department for keeping town safe with large influx of people over July 4th; would like public and residents to provide their thoughts on parking garage – $6M project, which would generate an extra $540,000 in revenue per year – would pay for itself once bonded for; like to have parking ordinance changed so spaces can be changed from 9' to 8'6" in order to re-stripe the Silver Lake lot.
Councilman Lurie: 9 X 18 is DEP/CAFRA standard – would like to have something in writing from Engineer Savacool.
Mayor Barrella: went to Trenton on June 24th to testify against 2.5% hard cap – was changed to a 2% statutory cap, with few exceptions – troubled with Governor’s intent, as reported in June 15th ‘Star Ledger’ article, to force consolidation – asked Finance Committee to think about whether Point Pleasant Beach is worth the insurance policy.

PUBLIC PARTICIPATION PERIOD OPENED AT 11:50 P.M.

John Olsen, PPB: asked about Lake Louise – assume using balance of bond fund to fund that project – asked about liabilities for prior work.

PUBLIC PARTICIPATION PERIOD ENDED AT 11:52 P.M.
The meeting was adjourned at 11:53 P.M.


Published December22, 2010 | Council Minutes | 1128


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