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JULY 27, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:06 PM with Mayor Barrella and Council Members Hennessy, Rizzo, Cervino and Dyer present. Councilman Lurie arrived at 6:12 PM and Councilwoman Tooker arrived at 6:49 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Engineer Savacool answered questions during Green Acres Public Hearing, which began at 6:07 PM, and presented conceptual plan for Arnold Avenue ball field complex rehabilitation at just under $900,000.
Mayor Barrella: clarified that Open Space Trust Fund could accommodate an additional $1.6M in debt.
Joel Wolber, Point Pleasant Beach (PPB): asked where primary field was on the concept plan.
Marilyn Burke, PPB: asked if field was being enlarged (only softball field) - thought rehabilitation was just for the main ball field - outrageous to contemplate $900,000 in expenses just for Little League in these economic times.
Upon questioning, Engineer Savacool stated that project could be bid with a number of alternates – restroom facilities need to be centrally located and that building is showing its age - fields do not currently meet Little League Association National standards - playground structure, shade structure and picnic tables added about $100,000.
Mayor Barrella: current economy lends itself to good pricing for capital projects from contractors who are desperate for work – as point of perspective, Inlet lot cost $1M.
Glen Paesano, PPB: T-ball field was too big, so was able to shift somewhat to bring Senior League and Softball League fields up to standards - biggest issue was ADA compliance – this plan brings park, additional lots and ball fields all together as one complex and makes all ADA compliant – Little League approached Open Space Committee and they directed us to Council.
Mayor Barrella: next step would be applying for Green Acres funding - asked Engineer Savacool for ballpark figure on cost of application process and preparing bid specs (approximately $60,000) - this is a ROSI property and could appropriate expenditure from Open Space Trust Fund because open space is being improved.
Engineer Savacool: big ticket items are irrigation/$125,000, sod/$60,000, storm water management/$115,000, clubhouse & restrooms/$110,000, shade and play areas/just under $100,000 - includes fencing entire perimeter of ball fields.
Dave Cavagnaro, PPB: asked about Trust fund monies - doing this would severely limit town’s capacity to purchase another property – asked how many children are involved (240) – asked if Borough uses the fields and how many out of town children use these fields (Point Pleasant Beach teams play those from other towns making total utilizing fields about 480).
Vincent Storino, PPB: school also uses Little League fields – used by about 500 kids plus school students who use fields for softball - asked if Open Space has any properties in mind for purchase.
Dave Cavagnaro, PPB: assume engineer costs are coming out of Open Space - asked if looked into potential of volunteers or local businesses helping with project.
Councilman Dyer: preliminary stages, not at that point yet – can foresee fundraisers and possibilities of naming fields or clubhouse after businesses upon garnering their financial support.
Mayor Barella: asked about time frame from today to completion (will never be done before next April).
Engineer Savacool: can prepare a scope and budget for planning and submission phases.
Dave Cavagnaro: asked if there is a cap on engineering fees - asked if cap on planning stage.
Ben Dispoto: asked if town came into a windfall of money
Mayor Barrella: horrendous economic climate - initial common sense approach is how can we afford a project of this magnitude - flip side is we may not be able to afford not to - contractors in this climate are going through same thing - good time to go forward because of good deals out there - money is coming out of your pocket anyhow into the open space trust fund.
Ben Dispoto: asked about increase from $750,00 to $900,000 (must go to Green Acres with overall master plan, but can bid alternate plans) - asked how much Little League is contributing – equates to about $3500/child which is about ˝ year’s taxes on average home - maybe should look at shared services with the Borough.
Glen Paesano, PPB: 240 children are involved this year – been no major work on these fields for 35 years, cost per child should be amortized over that 35 years - Open Space and Recreation Plan recommends expansion of existing recreation facilities - only municipally owned recreation facility, something families like mine can embrace today.
Peter O'Rourke, PPB: great idea which can be done in stages - sound idea to rotate maintenance - artificial turf is a horrendous mistake - think Little League guys have a great idea.
Vince Cicalese: complex is used about 9 months per year
Vincent Storino, V-P of Little League: lot of volunteers doing work on those fields – lot of grading and drainage issues which cannot be done in stages – travel since there are only 2 major league teams - see many nicer fields and complexes – think numbers are down, in part, due to state of fields.
Mayor Barrella: recommended moving Green Acres application to consent resolution – asked Engineer to provide budget and scope to set up detailed plans to go out to bid.
Green Acres Public Hearing ended at 7:12 PM.

Department Head memos and correspondence were discussed with items moved to agenda for action; Presbyterian Church request was held for input from High School and information from Zoning Board Clerk on resolution approving day care facility there.
Mayor Barrella called a recess at 7:28 PM.

Mayor Barrella called the regular meeting to order at 7:42PM. 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.

Mayor Barrella: request from Chefs International to extend time for live music has been withdrawn and will not be renewed this season - spoke with Messrs. Varosi and Bilotti about sitting down with Bob Cooper regarding same - think Council needs to contemplate an ordinance limiting outside music after 9PM with a caveat for making an application to go later.

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances) OPENED AT 7:46 P.M.

Attorney Riordan: meeting policy does not call for public comment on first reading items.
Motion by Councilman Cervino, to permit participation on first reading items as alteration of adopted meeting policy, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Cervino, Lurie and Mayor Barrella….YEA
Council Members Hennessy, Rizzo, Dyer….NAY

Al Varosi, PPB: spoke regarding Wharfside removal from the agenda - been on many times with shoddy excuses for removal - in light of that, opposition gets ground down - would like to see town create an ordinance to prevent same from happening again – as a consequence, would like to see a rule that they cannot appear again for a year.
Motion by Councilman Lurie, to not have attorney draft a policy but to handle process on an ad hoc basis, 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
Dave Cavagnaro, PPB: compared 2010-41 to 2000-29 and questioned changes - old ordinance grand-fathered any building in existence as of January 1, 1970 – asked if new ordinance would grand-father those in existence as of 2010 (Attorney Riordan: must show proof that it’s valid, non-conforming and pre-existing – expansions would have to appear before the Zoning Board) asked if it would require a super majority for expansion (Engineer Savacool: any expansion of structure or use would have to go before Zoning Board and require 5 affirmative votes) based on this ordinance and plan submission, anything that is there now is good, unless our Building Department goes down there and points out what’s wrong - would put burden on us to inspect and cite ordinance violations.
Max Gagnon, PPB: came to special meeting where only Mayor and Councilman Lurie were present with Councilwoman Tooker on the phone - may have a grudge against the Mayor, but you should have been at that meeting, as you’re paid to represent us and you should apologize to the people of this community for not showing up; would like to know who went down and negotiated with the people on the Boardwalk - Mr. Hennessy should have recused himself as he had worked for Mr. Bassinder (Councilman Hennessy: just witnessed that negotiation followed what Council agreed to in closed session; Mayor Barrella: objected to how and whom notification of negotiation was provided – detailed email from Attorney’s office on morning of April 12th, closed session minutes from April 12th and Attorney’s subsequent explanatory email – two members of Council were invited before that closed session occurred – objected to case being heard in Ocean County - alleged conflict with County Republican Organization and fundraisers hosted/contributions made by Mr. Bassinder).
Motion by Councilman Hennessy, to encourage Mayor to take appropriate action if he has proof of alleged conflict and for Council to continue with (agenda) business, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Councilwoman Tooker….ABSTAIN
Max Gagnon, PPB: troubled by Ordinances 2010-41 and 2010-42 - asked if Martell’s Sea Breeze was paying taxes for being down on the sand – also questioned garbage – ABC rules are that if you serve outside your building, you’re extending your ratio – why aren’t they paying taxes on this – now here's an ordinance correcting the situation by giving away the beach use – foolish and creating a Pandora’s box; also picking-up dumpsters at hotels without collecting fees outlined in 1985 ordinance - now not only doing the same thing but expanding it – asked if he and people behind him are going to pay.
Discussion ensued regarding commercial garbage and dumpster collection.
Motion by Councilman Lurie, to stop collecting commercial garbage, died for lack of second.
Councilman Dyer: recommended tabling Ordinance 2010-42 for further discussion of commercial collection and fee schedule, and setting-up a meeting with stakeholders – will provide input to Councilman Lurie to take back to Committee (Council Members Lurie, Tooker and Hennessy).
Vince Castin, PPB: agreed with no commercial collection - had problem with granting extension to businesses that have put them out there illegally – giving them carte blanche to do it again; many residents in attendance at last week’s meeting - disgrace that Council people didn't show up - should show respect for people of this town and show up even if they have a problem with the Mayor.
Marilyn Burke, PPB: approved of Chief O’Hara’s approach that when police services are supplied for any function, the applicant must pay for the services – commended him for taking small but necessary steps to keep his budget balanced.
Ben Dispoto, PPB: asked if 2010-41 would make non-conforming buildings conforming (would allow to rebuild what was there – any change/expansion would be non-conforming) complained that’s what has already been done at Martell’s and Ordinance would grandfather that - alleged too much business influence in town on many things; agreed with others regarding tenor of this Council – are supposed to be here to represent the town - have to come together as a cohesive group.
Joel Wolber, PPB: things seem to change on Boardwalk – Martell’s is serving drinks on the beach – asked if adoption of this ordinance would make that an acceptable practice - our beach will become a bar.
Peter O'Rourke, PPB: attended meeting last week and embarrassed that many Council members were not here – there was a Boy Scout, who was working on a badge, in attendance - poor example which offends me as a taxpayer; parking deck to raise additional revenue is very important – museum may bring people into town to patronize local businesses; have seen parking spaces disappear because people ask for it as they can't see when coming out of their drives or spaces they are renting in lots – asked how to check why we've lost so many spaces on Ocean Avenue, north of Water Street.

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances)
ENDED AT 9:22 P.M.

Ordinance 2010-34 (Private Storm Drain Inlet Retrofitting) 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, seconded by Councilman Rizzo and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2010-34.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-38 (Resident Parking Permit Limitations) 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, seconded by Councilman Cervino and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2010-38.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-39 (Amend Coin Toss) 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, seconded by Councilman Cervino and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2010-39.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-40 (Water/Sewer Rates) 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, seconded by Councilman Lurie and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2010-40.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-41 (Building East of Boardwalk) was introduced on first reading.
Mayor Barrella: potential for abuse too great without proving prior variances - if something is added and it’s there, it can be reconstructed - need to indicate what is an expansion.
Both Councilmen Hennessy and Dyer concurred: very unusual that you have three of your professionals working on an ordinance, Land Use Boards’ Attorney Galvin, Borough Engineer Savacool and Borough Attorney Riordan - based on their recommendations, this is the right thing to do.
Motion by Councilman Dyer to approve Ordinance 2010-41 on first reading was seconded by Councilman Hennessy and carried by the following roll call vote. Public Hearing will be held on August 17, 2010. Planning Board hearing is August 4, 2010.
VOTE: Council Members Hennessy, Cervino, Dyer….YEA
Council Members Tooker, Rizzo….NAY
Councilman Lure….ABSTAIN

Ordinance 2010-42 (Waste Materials and Collection) was considered for introduction. Motion by Councilman Dyer to table introduction, for discussion and changes, until next meeting, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Ordinance 2010-43 (Bed & Breakfasts) was introduced on first reading, with change by Councilwoman Tooker regarding charges for food.
Councilman Cervino: asked why owner couldn’t live off premises; Councilman Dyer: asked if relief could be provided by the Zoning Board.
Motion by Councilman Cervino, to approve Ordinance 2010-43 on first reading, was seconded by Councilman Lurie and carried by the following roll call vote. Public Hearing will be held on July 27, 2010. Planning Board hearing is August 4, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

2010 MUNICIPAL BUDGET:
Mayor Barrella: public hearing was held on July 6th; commented on previous comments from other Council Members – Councilman Dyer alleges I was taken by surprise by cap - testified before Senate Budget Committee on June 24th in opposition to the cap – some suggestions ended up in compromise legislation – was asked by the League of Municipalities to prepare a memorandum on the cap which formed the basis for notice that went out to every Governing Body in the State of New Jersey – asked CFO to provide numbers, now that’s it’s a done deal, to figure what Trenton has handed us – 2010 proposed budget would go from being $398,000, under current levy cap, to $162,000 over, under 2% cap - would have to cut $162,000 on this same budget next year – surplus/savings is down from $790,000 to $333,000, another $460,000 for a total of $620,000 that is not there for next year – there are issues concerning deferred school tax - asked what the plan was to deal with being $620,000 in the hole next year – that was the reason for last week’s meeting – everyone in Point Pleasant Beach is entitled to know what that plan is - Councilman Hennessy has said our work force is bloated – had 81 employees in 1998 as compared to 71 in 2010 – the runaway train of the 1990s has been slowed - ten people have not been replaced for an annual savings of $711,000 – already doing more with less – how much are you going to cut – speculating that the answer will be that we are going to be merging our profitable building department with the Titanic in the Boro - was at Point Pleasant Council meeting and Councilwoman Rogers is touting moving forward with consolidation – you won't even admit that Governor Christie is forcing towns to consolidate with this cap, as was reported in the June 15th “Star Ledger” – if you’re worried about building east of the Boardwalk now, wait until you get a Brick or Point Pleasant Council that is looking at our beachfront as a cash cow and ratable heaven, with a 6 story Sheraton or 8 story Hilton on the Boardwalk – if you think those Councils are going to care about our quality of life here, you’re kidding yourselves – if I’m wrong and you don’t use that $398,000 this year, you can give it back next year – if I’m right, you’re not going to be able to fix it.
Councilman Dyer: not looking to combine Point Pleasant Beach with any other town – passed out copies of PowerPoint presentation regarding Building Department consolidation – ran on platform of reducing level of government, where we can, by attrition and have done that with a savings of $706,239, which will equate to $1.5M in 2013 – shared court will save anywhere from $50,000 to $60,000 – parking space change in Silver Lake Lot will bring in an additional $66,000 – proceeding with looking into combining the Beach and Borough building departments - not buying their business and sharing their loss – combining personnel, with some possible lay-offs, to become more efficient and avoid duplication of work – each municipality would keep their own revenue – will establish an expense breakdown with each town paying its share.
Motion by Councilman Dyer, to adopt the 2010 Municipal Budget, was seconded by Councilman Hennessy.
Mayor Barrella: spoke regarding cuts and attrition – did not replace Bob Meany in 2008 – spoke against hiring a replacement for Officer Rempo in 2008, when ‘Save Our Cops’ signs were all over town, due to financial considerations – asked that Council wait until December, which they did not – to attack me because I advocated replacing a payroll clerk, at $23,000, because we have a payroll department that consists of one employee – have a Borough Clerk that cannot get her work down - haven’t approved minutes in how long because her assistant was taken to do the payroll position – this is not efficient government - have saved a lot of money since 2008, with a lot of the cuts being made by John Trout, who has been excellent at getting things done in order to do more with less - size of government is 10 employees smaller today then is was 12 years ago – we are cutting, but at some point you cut yourself so much that you cease to exist as a municipality – the plan from Trenton is to lose some municipalities because they are convinced that bigger is better - bigger is better for the political machine – Steve Acropolis of Brick gave a $50,000 raise to his Deputy Administrator for saving some money - what was he getting $100,000 for in the first place – Ms. Ellsworth and Ms. Riehl are taking four furlough days that they are not required to take – if you treat our Borough employees like partners in the process, and not like serfs, we’ll be much better off in the future – they understand, better than some Council members, what our problems are - as far as court agreement, this is the first day that the Governing Body was actually sent that written agreement.
Motion by Councilman Dyer, to close discussion on 2010 Municipal Budget, was seconded by Councilman Cervino and adopted by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Motion by Councilman Dyer, to adopt the 2010 Municipal Budget, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Hennessy, Cervino, Dyer….YEA
Council Members Tooker, Rizzo, Lurie….NAY
Mayor Barrella*: Not Voting
*Mayor Barrella: Mayor does not have the authority, in our form of government, to break a tie on the budget, as Mayor Konkus did in the Borough last week – do not subscribe to that theory and refuse to do so – disagreed with Judge Grasso’s ruling.
Motion by Councilman Dyer, to take a five-minute recess, was seconded by Councilman Lurie and passed by unanimous vote of those present.

Mayor Barrella reconvened the meeting at 10:16PM with Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie and Dyer present.

Motion by Councilman Rizzo, to adopt the 2010 Municipal Budget, 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….NAY

Clerk Ellsworth added items to Consent Resolution 3 and 4; Ben Dispoto, PPB: asked about audit recommendations in 1/A; Marilyn Burke: asked about health opt-out payments and number of people receiving same – asked if health costs were reduced in current budget; Councilman Hennessey asked questions about ABC license transfer.
Motion by Councilman Cervino, to close public participation and adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by the following roll call vote.
CONSENT RESOLUTION 1:
a) Accept 2009 Audit Report
b) Transfer of ABC license from Tylee, Inc. to Wine Point, LLC
c) Payment to United Computer for support services ($2700)
d) Payment to Reliable Safety Systems for eval of police D2 camera system ($2700)
e) Payment to Heartland Payment Systems for credit card processing fees ($6052.79)
f) Authorization to draft ordinance for stop signs in Wessie/Marcia/NewYork Ave
corridor
g) Payment to Interact Public Safety for police systems’ maintenance ($5713.20)
h) Payment to PL Custom Body for 2009 Ambulance ($135,937)
i) Refund tax overpayment – 103 New York Ave ($3065.54)
j) P O to Edmunds & Assoc for finance office WIPP module ($2400)
k) Payments to Galvin Law Firm from BOA escrow accounts ($1300)
l) Payments to T&M Assoc from escrow accounts ($2745.50)
m) Payment to Lawmen Supply Co for police weapons/supplies ($3512.92)
n) Payment to Pedroni Fuel for gasoline ($17,268.32)
o) Payment to Steven Winter Assoc for energy audit ($3381.75)
p) Payment to Cambria Truck Center for dump truck ($5000)
q) Approval of Payroll #14 ($274,938.75)
r) P O to SPS VAR for police computer maintenance service contracts ($3440)
s) Change Order #2 to Earle Asphalt for Ocean Ave curb improvements ($15230.59)
t) Authorization to prepare and advertise RFP for banking services
u) Approval of computer generated vouchers ($114,914.41)
v) Payment to T&M Assoc from BOA escrow accounts ($1017.61)
w) Refund unexpended escrow balance to 524 Arnold Avenue, LLC ($852.50)
x) Water/Sewer bill adjustment (1)
y) Payments to employees for insurance opt-out ($23,613.92)
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

CONSENT RESOLUTION 2 (Revise or Reaffirm starting date for reduction of hotel/motel tax) was considered.
Mayor Barrella: received a letter from the State Division of Taxation, on July 15th, acknowledging receipt of Ordinance 2010-12 and stating “according to such statute, the change in the municipal occupancy tax rate from 3% to 1.5%, which rate should be effective on October 1st, 2010. However, you have indicated that it is within the best interest of the municipality to have the rate reduced as soon as possible. As such, the Division is agreeable to having the rate change take effect on September 1, 2010 as long as the Borough certifies that all hotels and motels subject to the municipal occupancy tax have assured you that they are aware of the change and that they are able to accommodate it by the September 1st, 2010 date. It is requested you respond to me by August 2nd to allow the Division the necessary time to make required changes. If I do not receive such timely response, the Division will notify hotels and motels that the change will be effective October 1st, 2010.” - this letter was addressed to Ms. Ellsworth but her June 23rd letter to the Division of Taxation simply states “I have enclosed a certified copy of the Borough’s Ordinance reducing its hotel/motel tax along with a list of the Borough’s hotels and motels. Should you have any questions, I can be reached at the above listed telephone numbers or email address.” - there is no indication in Ms. Ellsworth’s letter that it is in the best interest of the municipality to alter the State statute to begin a month earlier – she has not conveyed that request to the Division of Taxation – asked if any member of Council, the Borough Attorney or anyone else contacted the State Division of Taxation with this request and under what authority they did so – asked if we now have people outside of municipal government making phone calls - will call Division of Taxation to get to the bottom of this and let him know a letter will not be forthcoming.
Peter O'Rourke, PPB: as town is starving for revenue, don't understand why the tax was reduced - people who rent their homes and parking spaces don't pay a tax – asked about the difference between a motel and a rental home - have had a lot of trouble with animal houses – Bed and Breakfasts bring in a better class of clientele – going to lose even more revenue if you go to September start date.
Dave Cavagnaro, PPB: asked if there are only certain times that the state allows us to change the rate (Mayor Barrella: in a quandary with our reduction, because no one's ever done that before).
Motion by Councilman Lurie, to not respond to the Division’s letter, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Dave Cavagnaro, PPB: asked Council to ensure that no other events take place during the town-wide garage sale; Councilman Dyer clarified that there would be no bulk pick-up in conjunction with the garage sale; Marilyn Burke, PPB: asked about 3/F and how many quotes would be going out and what the fee would be for the Borough Engineer’s services.
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:
a) Water/Sewer bill adjustments (3 accounts)
b) Approval of corrective action plan for 2009 audit
c) Payment to Selective Insurance Co for police substation flood insurance ($3849)
d) Payment to Heartland for credit card processing fees ($6052.79)
e) Payment of 3rd quarter tax levy to Ocean County ($2,119,916.96)
f) Authorization for Borough Engineer to solicit quotes or bids for Boston Avenue
bulkhead replacement
g) Approval of Payroll #15 ($272,001.44)
h) Authorize Borough Engineer to submit Green Acres application for rehabilitation of municipal ball field complex
i) Approval of curb cut request at 311 Curtis Ave
j) Approve Chamber of Commerce S/E application for Boardwalk information table
k) Approve Environmental Commission request to construct demo rain/native plant
garden
l) Approval of Project Graduation town-wide garage sale on 9/25 with applications to
be accepted at the High School
m) Approval of Chamber request for town to rent stage, from Ocean County, for Seafood Festival with reimbursement of cost by Chamber
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

CONSENT RESOLUTION 4 (Approval of Chamber of Commerce S/E application for Seafood Festival with incorporation of Chief O’Hara’s recommendations) was considered.
Carol Vaccaro: agreed last year that ongoing price for Seafood Festival would be $3400 – Jazz Festival lost money again – Seafood Festival took several years to become established - trying new things to bring people into town – the wine garden, at the Seafood Festival, helped to make up the costs last year and we hope it will do so again this year - hope you consider helping us out - asked for breakdown of the 540 hours that can be presented to the whole Board of Directors - need to have wine garden approved now in order to get all ducks in row for wineries.
Chief O’Hara: $15/hour per officer fee just reimburses department for its costs – budget was drastically cut and need to recoup department’s costs - $7200 for security and safety not out of line for influx of 60,000 people on that date.
Councilman Rizzo: received complaint letter, after Jazz Fest, about pot-holes in the parking lot; Carol Vaccaro: used cans with water, didn't put holes in lot; Engineer Savacool: due to heat of day some of the chairs sunk into the macadam.
Motion by Councilman Dyer, to extend meeting beyond 11PM, was seconded by Councilman Hennessy and carried by the following roll call vote
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Dyer….YEA
Councilman Lurie….NAY.
Ben Dispoto: rate was agreed to at $15/hour at council meeting - asked if vendors had to get mercantile licenses - asked how many vendors were expected this year – town gets nothing from all the outside crafters there and we’re providing police and fire protection – asked about one day mercantile license - $15/hour for security personnel is not an unreasonable number.
Al Varosi, PPB: attended June Jazz Fest – heat was intense - more DPW, volunteers and booths there than those in attendance – need to better coordinate date of event - picked same date as Asbury Park Press sponsored music fest so got no free press in that paper - Red Bank is the first week in June.
Motion by Councilwoman Tooker, to close public participation, 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 Cervino, to approve Chamber of Commerce Seafood Festival special event application with wine garden and police fees as outlined by Chief O’Hara, 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 Councilwoman Tooker to introduce Ordinance 2010-44 (Reappropriation Bond) by title only and/or authorize the Bond Counsel to draft said ordinance, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

CONSENT RESOLUTION 5 (Authorization for Borough Engineer to submit NJ DOT grant application) was considered.
Engineer Savacool: normally receive about $150,000 - Channel Drive and Niblick Street were both funded at $225,000 – fund is down somewhat but can still anticipate about $200,000 – should pick a project that will eclipse that number to take full advantage of grant funds – Gowdy needs to be done, but will not take full advantage of grant – can use funds from old bond ordinances, once funds have been reappropriated, to do Gowdy.
Motion by Councilman Hennessy, to close public participation and apply for funding for Woodland and Walnut Avenues, was seconded by Councilman Dyer and adopted by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Mayor Barrella: Municipal Court Shared Services Agreement was signed by Ms. Riehl - cannot keep getting things late from Point Pleasant and be expected to approve, in principle – not in the best interest of the Beach to have to approve things because the Boro has not done what they needed to do in a timely manner and now it becomes urgent to them – this was not the first time this has happened – our Administrator did not see the agreement and our Court Administrator was not consulted – if it was such a hurry, we should have gotten it before June 15th and at least by the next Council meeting on July 6th and we didn’t – we voted on something without having a document – still no document on July 6th – a representation was made to Judge Grasso that this Council approved the draft agreement that the Boro approved, but we never saw the agreement.

Motion by Councilman Dyer, to accept retirement agreement for Lieutenant DiCorcia, was seconded by Councilman Hennessy and approved by the following roll call vote. Lieutenant DiCorcia will retire November 1st.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Dyer….YEA
Councilman Lurie….ABSTAIN

Motion by Councilman Rizzo, to authorize Attorney Riordan to file order to show cause regarding release of files from former Borough Attorney, was seconded by Councilman Dyer.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Council Members Tooker, Lurie….NAY

COMMITTEE REPORTS:

Councilwoman Tooker: court revenues are down – police are doing their jobs but with less staff and with the amount of calls, they can't be proactive in looking for ordinance violations; thanked DPW for actions on McLean Avenue sewer - DPW staff is down too - can't operate the litter vac due to staff constraints; motels doing wonderful job of recycling but haven’t been able to get another pick-up for them – Mr. Trout doesn't have the staff; recycling is way up; thanked Pete Renner and Shade Tree volunteers for watering new trees; cat trailers moving along nicely - spoke with neighbors – site will be improved with arbor vitas; thanked Kim Dietz-Kabel for taking over the Farmer’s Market; like to have a committee, including residents and business owners, to look into vintage auto museum and parking garage project.

Councilman Hennessy: met, along with Councilmen Dyer and Cervino, with Senator Ciesla about the Mantoloking school budget vote debacle – not fair that Mantoloking gets to vote when it’s not affecting their taxes in the same manner as Beach taxes; will have a shared service meeting on Thursday at 2:30 PM in Administrator’s office to discuss sharing the building department.

Councilman Rizzo: received numerous complaints about operations of Utopia on Arnold Avenue – complained about mold and mildew - asked for someone to come inspect it – the roof is leaking and there is a stench in the basement – were advised to call County Board of Health, which told them it’s the town's job - why aren't our people doing their job; spoke about Ocean Ventures property where asphalt was covered by fill –grading affecting neighbor’s property on Carter Avenue – not going out of our way to protect our Borough residents - public complained tonight about things not being done – people we hired are not doing their job, issuing warnings and summons for things being done without permits and other violations.

Councilman Cervino: there are indeed quite a few public employees that are doing their jobs – DPW continues to do a wonderful job even with staffing constraints; Beautification is proceeding with 50/50, fall yard sale, to aid with budget woes, and scarecrow contest.

Councilman Lurie: asked about shared services feasibility grant, as application was approved in beginning of year (Trenton cut the funding) need some type of study from the DCA to help us determine whether we are taking the right step in consolidating. (Mayor Barrella: appropriate action would be for Beach auditors to audit Point Pleasant's books at their expense, as we are solvent and they are hemorrhaging dollars; Councilman Hennessy: have to look at $236,000 that we are going to save; Mayor disagreed as Beach professionals did not promulgate that figure).
Motion by Councilman Lurie, to authorize Administrator to contact DCA about a study to see it this is a viable move, was seconded by Councilman Dyer.
Councilman Lurie amended motion that no action with consolidation take effect until response is received and DCA performs study. Councilman Dyer rescinded his second after motion was amended.
Motion by Councilman Lurie, to authorize Administrator to contact DCA about a study on whether this is a viable move and that no action with consolidation take effect until a response is received and DCA performs study, 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
Mayor Barrella: asked what professionals worked on court shared services agreement and if there were any accounting professionals.

Councilman Dyer: both Maryann Ellsworth and Chris Riehl are voluntarily taking four furlough days – it’s commendable and says a lot about these employees – two people that work very hard for our town; spoke concerning specials - YTD through June 2009 spent $100,842 - in 2010, spent $126,776, $25,934 more this year than last year or 25.7% - parking revenue is up $80,436.95 or 18.7% and court revenues are down $60,602.07 or 26% - would like municipal court report corrected which subjectively states that the decline in local ordinance issuance is directly reflected by the number of officers on duty – not a fact.
Chief O’Hara: disagreed – special officer expenditures are more because using them to fill in as dispatcher, due to loss of full-timer in January, and as crossing guard, from January 1 through the end of the school year – that’s where the additional special officer funds have been spent – there are less special officers on the street during the summer season than last year and that is why the Borough Ordinance revenue is down – parking revenue is up because parking enforcement officers are at same level as last year.
Councilman Dyer: asked Chief to provide his figures; discussion continued between the Chief, Councilman Dyer and the Mayor regarding police figures, police staffing and Court report .
Attorney Riordan: recommended that Councilman Dyer and Chief O’Hara get together with the Borough Administrator to go over numbers.
Motion by Councilman Dyer, to authorize Borough Attorney, with Borough Engineer’s assistance, to amend ordinance to change space size from 9’ to 8’6” in Silver Lake Lot to pick up 22 additional spots, was seconded by Councilman Hennessy.
Councilman Lurie: asked what ordinance would be changed; Borough Engineer: suggested doing by resolution instead of changing ordinance – Institute of Transportation Engineers approves that size for long-term parking; Councilman Lurie: asked what type of striping and to see criteria.
Motion by Councilman Dyer, to authorize Borough Engineer to proceed with re-striping of Silver Lake lot, was seconded by Councilman Hennessy and carried by the following roll call vote.
Borough Engineer: will provide Councilman Lurie with information he is looking for – will provide quotes on re-striping by next council meeting and Council can move forward at that time.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Councilman Dyer: recommend purchasing parking box for Arnold Avenue parking lot adjacent to the Post Office.
Motion by Councilman Dyer, to authorize CFO to research price of purchasing parking box, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Councilman Dyer: asked that Administrator look into putting electronic camera on lights, as Brick did on Chambersbridge Road (pilot program throughout state – will not be allowed in until end of pilot); there is a group trying to counteract the brash view of shore due to MTV program – for support, Jenkinsons will provide free beach badges for August 2nd to all who register at www.jesusshore.com.

Mayor Barrella: important to get our auditor into Point Pleasant to look at what's there – doing this blind is absolutely foolhardy and fiscally irresponsible – Council President Rogers needs this for her election campaign – word at Boro Council meeting is that it will be done by the end of the year; asked Chief about the SNAP program (limited due to less manpower); spoke about ‘Building East of Boardwalk’ ordinance - right course of action is for Mr. Bassinder to withdraw his lawsuit without prejudice to refiling, in order to allow town to negotiate with all parties involved.

No Administrator Report as Administrator was not in attendance.

PUBLIC PARTICIPATION PERIOD OPENED AT 12:17 P.M.

Joel Wolber, PPB: shared service is fascinating - did some figuring and think savings will be minimal and town may possibly lose money - asked if using the same court staff for both towns – if there are no extra work hours, then we've been overstaffed or not working efficiently before – doesn’t make sense - if they have to add hours, we are going to lose money on this deal.
Dave Cavagnaro, PPB: there was no discussion with the public and copies of court shared service agreement were not provided to the public – surprised that agreement was signed without ever bringing it to a Council meeting or sharing it with the public - asked that at some point you bring those contracts here and allow public discussion; asked Councilwoman Tooker how neighbors are being polled regarding movement of cat trailers and how many trailers are going onto that property; asked if fireworks and concerts on beach require extra police or fire officers and if special event fee is charged; put sod at band shell and it’s gone due to geese and their excrement – point to consider for rehabilitating Little League fields, since geese are already there.
Alice Pidduck, PPB: doing RFP for bulkhead work – should do something about something as important as the merger.

PUBLIC PARTICIPATION PERIOD ENDED AT 12:30 P.M.

Mayor Barrella: spoke regarding PBA lawsuit, which had been served upon him personally – clarified that this was what Attorney Riordan filed motion to dismiss on – might have been helpful to have someone else look at it – shared service could have been easy, but when no one knows what’s going on, you worry about it.
The meeting was adjourned at 12:34 P.M.


Published December22, 2010 | Council Minutes | 1130


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