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August 17, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:38PM with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie and Dyer present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department head memos and correspondence were discussed with items moved to agenda; Administrator: went from 2.54% to .85% on $9.6 million when refinancing Bond Anticipation Note – Standard & Poor’s upgraded bond rating from an A to a AA-, which should help next year when going for permanent bonds; Attorney Riordan: Zoning Board should hear Konidaris’ paver approval request.

Motion by Councilman Lurie, to enter closed session to discuss two contractual matters (Lake Louise and Health Insurance Broker) and one potential litigation matter, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer ….YEA

Closed session started at 6:50 PM and ended at 7:14 PM.

Mayor Barrella called the regular meeting to order at 7:30 PM. 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.

PUBLIC PARTICIPATION PERIOD (NON-AGENDA AND FIRST READING ORDINANCES) OPENED AT 7:31 PM

Former Mayor Daniel Hennessy: acknowledged Beautification Committee’s work – other areas need attention, such as illegal signage, grass growing around curbs and street ends where garbage sits; asked why there isn’t more private commercial pick-up.
Dave Cavagnaro, Point Pleasant Beach (PPB): suggested selling Cook’s Lane property – buildable lot in residential zone, used for cat trailers – could be worth $250,000; doesn’t recall authorization for attorney to draft ordinances 2010-45 and 2010-46; requested Ordinance 2010-45 be tabled or voted down – encourages planting between curbs and sidewalks; Ordinance 2010-46 changed several times over last couple of days – time and protocol not being followed – concerned about restricting living space and people possibly sleeping on decks – requested definition of half-story.
Ray Kalanikas, Toms River: in 1991, the following question passed on ballot in PPB: “Shall the people of this municipality…have the right of placing a binding referendum question on the November ballot, for the purpose of making, breaking and amending municipal law…nullifying and amending County, State and Federal law…in the municipality in the context of the Bill of Rights?” – Governor and Legislature took no action – would like letter sent to current Governor and Legislature – gives people more control over Government – to be effective, I&R must be binding at municipal level (will be addressed September 7th).
Former Councilwoman, Monica Walsh: asked that consolidation of Building Department with Point Pleasant (Boro) be tabled, and spoke against the decrease in hotel/motel tax.
Bill Knapp, PPB: ordinance 2010-46 discriminates against lake residents because portions of their lots are under water.
Lynne Mahoney, PPB business owner and Chamber of Commerce President: challenged $7,200 police invoice for Festival of the Sea.
Pete O’Rourke, PPB: sent letter to Council about parking on Ocean and Harvard Avenues – tried contacting Chief on Monday – the 3 permanent residents prefer one-way street.
Ray Diaz, contractor: praised Beach Building Department – don’t fix what’s not broken.
Brian Schliep, PPB: addressed his e-mail, about rooming houses/B&B’s, to Council.
Stan Angeloni, PPB: complained about railroad tracks on Arnold Avenue; requested more police on weekends on Arnold and Chicago Avenues; asked about bike helmet law.

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances) ENDED AT 8:33 P.M.

Clerk Ellsworth announced that ordinance 2010-47 (Motor Vehicle Restriction Bay & Laurel Avenues) was required because DOP said they never received ordinances passed after 1969. Councilman Lurie suggested re-certifying the four ordinances, passed since 1969 and pertaining to this sub-section. Clerk Ellsworth asked that ordinance 2010-47 be held, and for approval to send these 4 ordinances to the State.

Ordinance 2010-41 (Building East of the Boardwalk) was considered on second reading. Mayor opened hearing to the public.
Dave Cavagnaro, Max Gagnon, PPB: spoke in opposition to the ordinance.
Dan Hennessy, PPB: asked if this ordinance allows for any new construction east of the Boardwalk (not without Board of Adjustment approval) asked what the Planning Board’s recommendations were (voted to recommend approval) asked if ordinance allows expansion of existing buildings east of the Boardwalk (Mayor Barrella: needs answer to that) clarified that Borough Attorney did not write the ordinance.
Motion by Councilman Cervino, to close public hearing was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Dyer….YEA
Councilman Lurie….Abstain
Mayor Barrella: ordinance was drafted as settlement to lawsuit by Mr. Bassinder – asked Attorney if valid pre-existing, non-conforming building which existed on July 1, 2010 would be protected if it burned down on July 1, 2011 and owner wanted to build an unauthorized structure (BOA would have to approve expansion) asked Mr. Gasiorowski, Mr. Bassinder’s Attorney, if he agrees (yes); asked if Borough Attorney agreed with Planning Board Attorney Galvin that, to expand, would need a D2 use variance – asked if going from 300 sq. ft. to 301 sq. ft. bar would require a D2 use variance (Attorney Riordan: if considered an expansion, yes – Zoning Officer’s decision) – asked Mr. Gasiorowski, if his client decides to expand bar, dance floor, or change size of anything, will he seek a use variance (Mr. Gasiorowski: no – ordinance is drafted and crafted to comply with Municipal Land Use Law – if working within same footprint, may be expanding one aspect of business and decreasing another) asked if client would accept constraint that a foot of expansion is an expansion of use (absolutely not – not a change of use) this ordinance is to allow owner to rebuild on exact footprint in the event of catastrophe – suggested, if ordinance passes, owner provide full property survey.
Motion by Councilman Cervino, to adopt Ordinance 2010-41, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Cervino, Dyer….YEA
Councilman Rizzo….NAY
Councilman Lurie…Abstain
Mayor: expressed concerns and lack of confidence if Beach Building Department is moved to Boro – might affect what he does with this ordinance (can be vetoed).

Ordinance 2010-43 (Bed and Breakfast) was considered on second reading. Mayor opened hearing to the public.
Tony Haddad, Tower Cottage Bed and Breakfast owner: falls outside boundary for Bed and Breakfasts (B&Bs) (Attorney Riordan: this ordinance has nothing to do with Mr. Haddad, who got a use variance; Mayor: any expansion would require D2 variance – would like small businesses treated the same as large ones) asked that historical character of properties be adhered to – B&B is upscale – competing with Spring Lake, Bay Head and Cape May – would like private baths required of B&Bs (separate bath may not be feasible – would have to introduce another ordinance to amend).
Dan Hennessy, PPB: has stayed at many B&Bs – asset to community – strongly suggested private baths to attract more upscale patrons.
Vincent Castin, PPB: agreed with Mr. Hennessy.
Kathy Galinskie, PPB: spoke against ordinance – not commercial area (Councilwoman Tooker: need off-street parking – targeting rooming houses) rooming houses were given grants – would cost about $100,000 for new owner to convert (Councilman Cervino: asked if she was concerned that a B&B might become a rooming house) no – area has lot of pre-existing, non-conforming uses – should be more residential – this town gives everything to businesses.
Diedre Schliep, PPB: concerned with safety of her 6 children – people in Seashell House have criminal records and mental problems – Tower House is an asset – things are getting out of control in town – some B&Bs are just glorified rooming houses.
Maureen Haddad, Tower Cottage co-owner: agreed with Mrs. Galinskie that the Beach is becoming like Seaside because of day trippers and Boardwalk – if parking spaces aren’t taken by B&B guests, they will be taken by day trippers, who are not the caliber wanted in the Beach.
Elaine Hennessy, PPB: applauds people who converted B&B on Forman Avenue – some motels might take advice from them on how to improve clientele and the Beach.
Motion by Councilman Cervino, to close public participation and adopt Ordinance
2010-43, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Cervino, Lurie, Dyer….YEA
Councilmen Rizzo…NAY

Ordinance 2010-45 (Omnibus Development Amendments) was introduced on first reading.
Councilwoman Tooker: only bushes or trees over 2 feet must go to Shade Tree Commission (Attorney Riordan: questioned if this is a power Shade Tree can be given).
Councilman Cervino: asked if he would need 10% of native species on his lawn (Councilwoman Tooker: minimum 10% plants/grass – ordinance asks for consideration of native species – not mandatory).
Councilman Dyer: asked about homeowners’ property rights – will make many homes non-conforming – owners will have to come to BOA to spend money for things like sheds (Councilwoman Tooker: came from Environmental Commission – helps with aesthetics, storm water, pollution, etc. – people are leveling everything because they don’t want maintenance – losing heritage – trying to protect what we have – 10% of yard area, not lot coverage.)
Motion by Councilman Cervino, to approve Ordinance 2010-45 on first reading, was seconded by Councilwoman Tooker and carried by the following roll call vote. Public hearing will be held on September 25, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie….YEA
Councilman Dyer….NAY

Motion by Councilman Lurie to consider Consent Resolution 4 (Approval of Construction Shared Services Agreement) next (out of agenda order), was seconded by Councilman Hennessy, and approved by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Councilman Dyer: asked for a ten-minute recess, at 10 PM, in order to set-up PowerPoint presentation.

Mayor reconvened the meeting at 10:11PM with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie and Dyer present.

Councilman Dyer: gave presentation (copy attached) on Construction Shared Services Agreement with the Boro – will share expenses (Beach 45%/Boro 55%), but not revenue – plan to move offices to Beach in November or December and effectuate workforce reductions – Beach will save $211,724 in 2011.
Councilman Lurie: presentation numbers are flawed, it’s a staffing report, not shared services report – Construction Official Gardner should have input – Boro’s computer systems are outdated – when towns combine, insurance premiums increase – town that makes money should take in the other – moving too quickly – recommended Shared Services Committee with professionals involved – Beach employees will become Boro employees – will lose historic knowledge – should have Employee Action Plan approved by DOP prior to consolidation – supports shared services, if done correctly.
Motion by Councilman Lurie, to table Construction Shared Services Agreement with Point Pleasant, was seconded by Councilwoman Tooker and defeated by the following roll call vote.
VOTE: Council Members Tooker, Lurie….YEA
Councilmen Hennessy, Cervino, Dyer….NAY
Councilman Rizzo….Abstain
Mayor Barrella: any action based upon committee’s work is tainted because of Councilman Rizzo’s involvement – spoke about Councilman Rizzo’s vendetta against the department in January – has an email from Attorney Riordan dictating to Municipal Clerk and Administrator that the Mayor should not be provided with documents without Council’s approval, and that, if there is an OPRA request, a lot of the material will be deliberative – thought he and Council Members Lurie and Tooker were part of the deliberative process – asked Councilmen Dyer and Hennessy if personnel have been identified for release – to come up with specific savings, must know which salaries are eliminated (Councilman Hennessy: referred to document on which employees are identified) asked Councilman Dyer if, when asked this by Union Representative Potter at August 12th meeting, he said “no” (Attorney Riordan: advised Mayor to be careful what he says – matter could end up in court – advised Council not to engage in game with the Mayor, who is trying to provide fodder for people who might bring a lawsuit) doesn’t understand why, in 1998, Council created Deputy Construction Official position, and now Beach doesn’t need a Building Department – increased permit fees – Beach’s construction operation is in the black, Boro’s is in the red – asked who in business would merge a profitable company with a failing one and turn control over to the failing company without due diligence – numbers were audited by Boro’s auditor – can’t look at this in the short term – read N.J.S.A. 52:27D-126A, “….fees shall not exceed the operating costs for the operation of the enforcing agency” – savings are not necessarily going to fall to bottom line – per auditor, if expenses are cut, obligated to cut permit fees to reduce revenue, so as not to make a profit, otherwise could be subject to lawsuit – about 8 people have been identified to be let go – asked if, for $4.80 per house/month, taxpayers would be willing to devastate 8 families – to toss someone who has devoted his life to the Beach on the street – Ms. Rogers is desperately trying to climb out of a hole that Boro Council has put them in (Councilman Hennessy: has never heard Mayor talk about people devastated by high taxes) never stopped fighting for them – alleged that Councilman Hennessy supports special interests – this is all about Governor Christie’s plan to force municipal consolidation – we are the lab rats if we allow it (Councilman Dyer: mandated 2% cap – union agreements are above that, so have to cut – doesn’t like a lot of this, but it’s reality) Councilman Dyer skipped the budget meeting on how to deal with the cap.
Mayor Barrella opened the matter for public discussion.
Fred Potter, Union Representative of Beach Supervisors and Professionals: there was a meeting earlier this year about seeking a shared service study grant – employees were asked for little input – were given surveys, without much direction – other than a conversation with Mr. Gardner, no person in the department has been questioned about the surveys – last Thursday, there was a meeting held with little notice – report included DCA study, to which public is entitled – at the meeting, he asked Councilman Dyer which employees were being laid off/terminated/reduced from full to part time/having full time hours reduced – was told information would be given at this Council Meeting – went to Boro meeting tonight – was again given the runaround – Civil Service doesn’t determine who is laid off and whose hours get reduced, Council does – Civil Service sees which town has control, in terms of people’s seniority – Ms. Rogers has admitted Boro is mismanaged and this Council is going to turn operations over to them – want to put Beach employees on Boro payroll because they believe employees will be paid less under the Boro’s salary ordinance and negotiated wage rates – that is an affront to hard working employees who negotiated in good faith – has asked for all the information used, about how study was put together and what information was given to the DCA – can’t get a straight answer – sent letters to both Borough Administrators requesting that this matter be tabled – employees in both towns received Rice Notices – couldn’t be in both towns at once – making decision that affects services and workers’ livelihoods – don’t even have the decency to let us review the information – OPRA’d the DCA Monday and received information – Council has an obligation to file a report on who is being laid off – asked who would enforce things – talking about cutting 130-140 hours/week – can’t get job done now – asked who will have control when employees are on Boro payroll – employees have a right to know who is being affected and to see the report, and residents have a right to challenge – no open public discussions were held, nor were there meetings with employees – have sold yourselves – should have all voted to table the motion – have always gone to Town Hall to fix problems – taking that away from current and future residents and will lose identity as a community – there are shared services that work – there are things you can do to save money without destroying people’s lives and jobs – urged Council to table the matter, make information available, and have a real debate over what’s in the town’s best interest.
Mayor Barrella: ceding control of department, that over 5 years has run at $400,000 profit, to people who have run their department into the ground – Councilman Hennessy works for the County and doesn’t have to worry about making business decisions – can’t understand why auditor hasn’t checked their books.
Councilman Dyer: not merging/buying the Boro like a company – asked what business the Mayor has ever run – the UCC construction operation has lost money in the Beach since 2004 – only positive was in 2007 – mercantile and housing licenses have brought Beach into the black – in business, one would get fired if he didn’t take action to save $200K (Councilman Lurie: Boro has lost $575,635.12 in five years; Mayor: from January through June 2010, construction operation is $80,000 to $85,000 in the black because Beach raised permit fees – Boro is desperate for Beach to bail them out).
Joyce Kramer, PPB: asked if Councilman Rizzo will abstain from all votes having to do with shared services (Attorney Riordan: doesn’t need to abstain from voting on shared services other than Building Department) he is a former Beach employee.
Anthony Gargani, Boro Plumbing Inspector: requested Council not rush to judgment – was Shop Steward for Ocean County Building Department, a shared service – State says people who use the department pay the fees – Boro’s fees were well below average – department went bankrupt – should learn from their mistakes – presentation figures are flawed (Mayor Barrella: asked if the arrangement between Toms River and Brick might work here, with Beach as lead agency) Toms River/Brick takes 4 weeks for inspection – we break our backs to help contractors.
Dave Cavagnaro, PPB: asked if Beach will retain ownership of software and technology – if you cut staff to a minimum, response time will slow and if department is employed by the Boro, and they have to decide which way to go to generate revenue, they’ll go towards the Boro, negatively affecting Beach revenue – Council had 16 months to review this and wants public to decide in one night – asked for more consideration.
Chris Mikkelson: President of TWU Local 225, Branch 4: discussed meetings between Council members, employees and Union Reps about layoffs, furloughs and State Health Benefits Plan since January – little discussion with employees about merger – submitted OPRA requests to Beach and Boro, for information that was never presented – Council said they had round table meetings with the public – asked for minutes and meeting notices – Boro just passed this, along party lines – can sit with the real professionals and come up with solutions other than shared services – just because it’s what the Governor is talking about, doesn’t mean it’s the right thing to do – that’s what collective bargaining is about – shouldn’t turn over control of department to Boro – there is a possibility that since employees will be paid by the Boro, they won’t be looking for violations in the Beach (Councilman Hennessy: then they’re not doing their jobs) they’ll want to do everything, but they may have to choose because of limited manpower (Councilman Dyer: there will be a permit tracking system – people will perform accordingly).
Bill Knapp, PPB: confirmed with Councilman Dyer the importance of saving $211,000 – asked why he gave $125,000 of revenue away to Joe Bilotti – that money could’ve been used to fund police to generate more revenue; merger matter should go to referendum in November.
Marilyn Burke, PPB: approves of shared services – shouldn’t be rushed through until public knows how it will affect the town – Building Department is a cost center not a profit center – asked which grants were applied for and how much money was involved.
Attorney Riordan: reminded Council they needed to vote to continue the meeting past 11 PM. Motion by Councilman Dyer, to continue the meeting past 11 PM, 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
Marilyn Burke (continued): (Councilman Dyer: applied for grants for Police, Building, Court – received no funds, as State funding was cut) asked for specifics on computer programs – asked why agreement must be four years (Councilman Dyer: State mandate – should be reviewed every 6 months) asked if Beach can get out of it in 6 months if not beneficial (Attorney Riordan: there are withdrawal procedures; Councilman Lurie: asked what happens to current Beach employees – would not be our employees anymore – they’d have to take the Civil Service test; Councilwoman Tooker: asked if there would be penalties; Mayor Barrella: per agreement, must give 90 days notice prior to withdrawal, which could only take place at year-end) asked if there is a financial penalty (none written into agreement) asked why Boro is lead agency (Councilman Dyer: save more that way – Beach employees would go there at different salaries; Mayor Barrella: asked how much of the $211,000 savings would be effectuated by having the Boro as lead agency and if it was worth the risk – Mr. Gardner recommended in March that Beach be the lead agency – not saying shared services is a bad idea – bad idea to make uninformed decision in haste) disconcerted that Boro reporting was discovered to be flawed, causing higher inspection numbers to be recorded in error – asked about stipends and work done on employees’ own time (Councilman Dyer: work done for BOA or Planning Board; Administrator: applies to current Boro employees) asked about time and cost for cost sharing (Councilman Dyer: no cost – time will be ongoing) time is money – Boro lost almost 6 times as much as the Beach in the same period – doesn’t seem to be a good deal – asked for more time.
Stan Angeloni, PPB: clarified how shared expenses work (revenue, operating expenses will be separate – split on costs are associated with payroll) asked if Beach would have to bail out the Boro if Boro was running in the red (Attorney Riordan: State oversees budget process – Boro would have to estimate their portion of the cost – if cost exceeded that, they’d have to draw money from another account) asked Council where their supporters are (Councilman Hennessy: majority are for this agreement) they’re not here – should be listening to those present.
Mike Ormsby, Beach TWU Representative: asked what the rush is – unions raced a month ahead of schedule to get into State Health Benefits Plan, to save $50,000 – doesn’t care what Boro did or what Sue Rogers wants (Councilman Dyer: not a rush – if process goes smoothly, won’t take place until January 1st; Mayor Barrella: once passed, everything flows automatically and deal begins January 1st – asked what allows Beach to back out; Attorney Riordan: can’t discuss in open session; Councilman Dyer: to begin January 1st, must start now; Mayor Barrella: asked what’s wrong with starting April 1st; Councilman Dyer: 3 months loss of savings; Mayor Barrella: rushing for maybe $50,000) Councilman Lurie has documents that don’t add up to what Council is saying – should consider tabling – don’t need to decide at 12AM – listen to the public.
Michelle Sargent, Beach/Boro Court Administrator (Beach Court Administrator for 18 years and former Boro Deputy Court Administrator for 3 years): speaking from experience in shared services, she is standing on a mountain of paperwork – there was no plan for consolidation for her office except one meeting – backlogged, short-staffed – last year’s court analysis was that Beach should have 5¾ people – have 3 for Beach and Boro – if rushed, staff suffers, then work suffers – agreed it is essential to save money – the 15% of documents coming from Boro offices is not 15% of work – that will be reflected in monthly reports – it’s not just documents, it’s added people contact, analyzing two sets of books – working to the best of our abilities – people are concerned that Council is turning a cost-effective business over to a management team that is not successful – Building Department employees will continue to work, regardless of who pays them, to their best abilities – they are dedicated professionals – are owed an analysis of the reality – too many unanswered questions – supports looking for ways to save money – as Boro taxpayer, doesn’t think this will make her tax bill better or worse – acknowledged and appreciated the work on this, but to be fair to constituents and forthright to employees, Council needs to put in more time.
Fred Potter: free software comes with a maintenance charge – agreed that Council should listen to those who show up and question should be put to public – doesn’t trust the data – public has a right to see information before Council makes such a dire decision – Mayor asked, if resolution passes tonight, can Beach pull out, and the answer heard is that we don’t deserve an answer (Attorney Riordan: didn’t mean to suggest that, just can’t give legal advice in public – there are well established rules for when an agreement is breached – often a cost associated, but it can be done – invited Council to call him to discuss; Councilwoman Tooker: asked how Council can vote without information – asked why Beach is not lead agency, as with Court Agreement – asked why Boro didn’t try to raise fees on their own first – shared services makes sense in some areas, but not if Beach doesn’t profit – too much conflicting information –don’t even know the insurance cost; Mayor: asked if anyone spoke to DCA).
Former Councilman John Dixon, PPB: both Boro and Beach Council just got this information – wasn’t shared soon enough for other Council members’ input – adding 8,000 homes plus businesses to be inspected with less people – asked who’s enforcing – Councilman Rizzo should not have attended meetings if he was not going to vote – another Council member should have – Mr. Gardner said he was not informed about anything and his opinion was never asked – he’s going to be running the show – going too fast – owe employees a fair shake – numbers are off – doesn’t trust anything Sue Rogers says – going to bail out the Boro and sink the Beach’s department – doesn’t sound like a good idea – have served as Council liaison to Building Department – good workers that have already made concessions – they’d be willing to work with Council – asked Council to hold off.
Laura Beeden, Pt. Pleasant: Sue Rogers’ figures were off by $100,000 on Recreation.
Motion by Councilman Dyer to close public participation was seconded by Councilman Hennessy. Attorney Riordan instructed Clerk Ellsworth to call the roll. (Mayor: Councilman Dyer did not ask to be recognized and there is someone who wishes to speak – instructed Ms. Beeden to speak over the roll call vote).
Ms. Beeden: you are violating the Open Public Meetings Act – public has never heard any of this – nothing was discussed in the Boro, Councilmen didn’t know anything until Thursday – appears that here it will be a rubber stamp – have contacted ACLU and they have requested documentation – this is like a kangaroo court.
Laura Finlay, PPB: asked if this will solve the 2% cap problem and lower Beach taxes (Councilman Hennessy: will dramatically help in not having layoffs this year) should be put on the ballot instead of having a town full of angry people.
Motion by Councilman Hennessy, to close public participation and adopt Construction Shared Services Agreement, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Cervino, Dyer….YEA
Councilwoman Tooker and Councilman Lurie….NAY
Councilman Rizzo….Abstain

Ordinance 2010-48 (Re-appropriation Bond – Ordinance 2007-17) was introduced on first reading. Motion by Councilwoman Tooker, to approve Ordinance 2010-48, was seconded by Councilman Hennessy and carried by the following roll call vote. Public hearing will be held on September 7, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie….YEA
Councilman Dyer…. No Vote (as he had stepped out for a moment)


Ordinances 2010-46 (Omnibus Amendments) was introduced on first reading. Motion by Councilwoman Tooker, to approve Ordinance 2010-46, on first reading was seconded by Councilman Hennessy and carried by the following roll call vote. Public hearing will be held on September 28, 2010. Planning Board Hearing will be September 1, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie*….YEA
Councilman Dyer…. No Vote (as he had stepped out for a moment)

*Councilman Lurie: with the caveat that it goes to the Zoning Board, as well as to the Planning Board, as required by law.

Ordinance 2010-49 (Re-appropriation Bond – Ordinance 2008-30) was introduced on first reading. Motion by Councilwoman Tooker, to approve Ordinance 2010-49, was seconded by Councilman Hennessy and carried by the following roll call vote. Public hearing will be held on September 7, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie….YEA
Councilman Dyer…. No Vote (as he had stepped out for a moment)


Clerk Ellsworth added items to consent resolutions; Elaine Hennessy, PPB: asked about JettRide – complained about a trailer going through town advertising liquor and asked if they had a permit - suggested it be stopped as not family oriented.
Motion by Councilman Dyer, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by the following roll call vote.
CONSENT RESOLUTION 1:
a) Change Order #1 to National Water Main Cleaning Co. for Phase II sanitary sewer system evaluation (-$34,645.55)
b) Approval of Payroll #16 ($298,501.79)
c) Authorization to amend Schedule “C” Agreement with OC Road Dept
d) Payment to Heartland Payment Systems for July credit card fees ($10,418.16)
e) Payment to Edmunds for Wipp module for tax, water/sewer ($2,400)
f) Payment to American Uniform & Supply for police uniforms ($3,332.70)
g) Payment to Schulman, Wiegmann from BOA escrow account ($275)
h) Payment to T&M Associates for services rendered to Planning Board ($302.50)
i) Payment to “Ocean Star” for BOA legal notices & affidavits ($20.84)
j) Payment to National Water Main Cleaning Co. for Phase II sanitary sewer system evaluation ($87,572)
k) Payments to T&M Associates from developer escrow accounts ($1,270)
l) Payments to T&M Associates from BOA escrow accounts ($2,612)
m) Release of dewatering bond - Offshore Pool & Spas ($1,220)
n) Payment of 3rd quarter installment to OCUA ($298,560)
o) Payment to Pedroni Fuel Co for fuel ($30,932.03)
p) Payment to OC Road Dept. for 2nd quarter Schedule “C” costs ($12,595)
q) Payment to Brick Utilities for July water usage ($171,277.71)
r) Payment to TGM Masonry Construction for work on Arnold Ave ($5,000)
s) Payment to Reliable Safety Systems for Dist. 2 camera evaluation ($2,700)
t) Payment of annual allocation to Ocean Fire Co #1 ($14,000)
u) Payment of annual allocation to PPB Fire Company #2 ($14,000)
v) Payment of annual allocation to First Aid & Emergency Squad ($38,500)
w) Payment to State of NJ for September Health & Rx Benefits ($100,881.69)
x) Payment to State of NJ for August Heath & Rx Benefits ($100,881.69)
y) Payment to Galvin Law Firm for services rendered to Planning Board ($350)
z) Payment to SPS VAR, LLC for annual police service contract ($3440)
CONSENT RESOLUTION 2:
a) PO to HD Waterworks Supply for water meters ($7992)
b) PO to Baycomm, Inc for emergency siren for Fire Dept ($3320)
c) Approval of computer generated vouchers ($1,048,482.36)
CONSENT RESOLUTION 5:
a) Support of S-744/A-2598 amending the Farmland Assessment Act
b) Memorialize submission of grant application to DOT for roadway improvements of Woodland and Walnut Avenues
c) Approval of Banner Application for St Peter School PTA craft festival
d) Water/Sewer bill adjustments (2 accts)
e) Appt of Joseph Ciccone to act in his stead during the absence of the UCC building sub-code and fire sub-code official
CONSENT RESOLUTION 6:
a) Approval of easement for sewer lateral at 705 Gowdy Avenue
b) Payment to Galvin Law Firm from BOA escrow accts ($975)
c) Refund road opening bond to TFM builders ($1,000)
d) Approval of Elks ABC Social Affairs Permit with conditions
e) Approval of Ocean Fire Co #1 request to charge for parking in lots during Seafood Fest
f) Waiver of DPW special event fees for Seafood Festival
g) Approval of S/E application for Ocean Fire Co #1 Anniversary Celebration with conditions recommended by Police Chief
h) Approval of ABC Social Affairs permit application for Ocean Fire Co #1
i) Approval of JettRide requests for police escort, to walk bikes along Boardwalk and for proclamation
j) Authorization for Borough Attorney to negotiate with Wells Fargo Counsel regarding health brokerage fees – CLOSED SESSION ITEM
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

CONSENT RESOLUTION 3 (Approval of Court Shared Services Agreement and ratification of executed agreement) was considered.
Mayor Barrella: Court Shared Services resolution drafted by Attorney Riordan doesn’t seem factually accurate, so he drafted another – reminded Council that they are adopting one as to “findings of fact” and that there is a record of what happened (Attorney Riordan: on June 15th, Council voted to enter into a Shared Services Agreement with Boro Municipal Court – question is what each Council member intended when they voted – thinks they intended to approve it and, if that’s the case, they should approve his resolution) doesn’t think Council had problem approving shared services in principal – problem is with the “whereas” clauses, where it says that Council reviewed the agreement – there was no agreement for the Council to review (Attorney Riordan: meant the summary presented to Council on the 15th – considers written words a contract) other problem is that Attorney Riordan had a court-approved version of this agreement on July 2nd – on July 6th, when asked for it, Attorney Riordan said “we’re working on it” (Attorney Riordan: there was a telephone meeting between he, the judge and Boro Attorney Dasti – Attorney Dasti was on vacation and didn’t look at the contract until the meeting – didn’t seem that it needed to be on the agenda) showed something from Lilia Lopez from the Court saying they’re done – a lot of work done was done on July 1st and 2nd and Mr. Dasti’s office was copied on it – would’ve avoided a lot of problems if Beach Council had it on July 6th – submitted a letter to Judge Grasso articulating his feelings (Attorney Riordan: when Judge’s chambers called him, they did not tell him to contact Mayor Barrella – if they had, he would have – apologized if Mayor was left hanging) wasn’t left hanging – Judge Grasso said he wouldn’t talk to him because he is represented by Counsel – disagreed to what representation is – asked Council to review both resolutions and vote so court can function.
Motion by Councilman Dyer to adopt Version One was seconded by Councilman Hennessy and carried by the following roll call vote.
Dave Cavagnaro, PPB: asked if recommendation that language be changed so PPB retains ownership of capital equipment, that Boro reimburse Beach for half of maintenance and pay 15% of copier lease, is included in the agreement (some) #6A says that, if minimum savings is not earned, Boro doesn’t pay stipend – asked if Beach can be protected from this (too early to say) asked if contract can say Beach keeps ownership of capital equipment, if merger doesn’t succeed (Attorney Riordan: recommended Council ratify present agreement, and if they wish to amend, to empower him to discuss with Boro’s Attorney – sounds like Boro isn’t going to take Beach equipment and it will be moot).
Lt. Robert Dikun, Beach Police Department and former Prosecutor in both Beach and Boro: asked if stipend goes to Beach or employees (Beach) special officers, used for security and court attendance, lose powers once they leave jurisdiction – security is mandated by AOC – forced to used full-time officers in court, at an overtime rate – an additional $20,000 to $25,000 – asked if that expense is being shared (Mayor Barrella: each municipality is responsible for it’s own security – asked if Council, when voting, was aware that Beach would have to use full time officers (Councilwoman Tooker: got agreement that night – comfort level was that Michelle was at the meetings and was for it; Mayor Barrella: per Michelle, her input was not sought on final ASA) Police Department was never consulted – defies logic to shift group that accounts for 85% of productivity to another area – added costs will extinguish savings (Councilman Dyer: shifted due to new court and recommendations of Michelle Sargent, Judge Liguori, and Lilia Lopez) Police will incur considerable unbudgeted expense – courts function differently than other departments – AOC can say we will have 6 employees because we cannot meet standards or they will remove the court from the system (Attorney Riordan: agreement has opt-out and review clauses – all can be worked out) doesn’t know how, unless Boro agrees to cover additional money – will be a stagnant agreement (Attorney Riordan: there are solutions, including having Boro officers perform security – Boro’s Attorney will help solve concerns) Boro Court and Police Departments work differently – this weekend, Boro generated 5 complaints – Beach had 68 arrests, not including motor vehicle and parking – 15% to the Boro is too much (Attorney Riordan: agreement accounts for that – percentages will be adjusted based on numbers and how they work) giving dollar for dollar to save them money – anticipates loss of thousands of man hours that won’t show in bottom line – when court is here, follow up is easier – police must re-fingerprint hundreds of times yearly – will have to dispatch an officer to the Boro to bring back to our terminal – don’t know how that will work in winter, with only 2-3 officers on the road (Councilman Dyer: addressed Police matter with Boro – have an easy solution – will see if it can play out – argued about the 15%) getting a 4% premium for taking over their business and saving them money – needs to be renegotiated (Councilman Dyer: needs to be looked at; Councilwoman Tooker: asked why employees were not consulted; Attorney Riordan: in some instances, professionals have agendas – Building Department doesn’t want consolidation; Mayor Barrella: indicated that Susan Rogers has an agenda and “these guys” have a stake in getting her elected so they can get State jobs – don’t insult someone who is not here; Attorney Riordan: no insult intended, but Building Department employees will have a natural bias) don’t have bias – consider pushing to November 1st – can work out with Judge Grasso – this revenue accounts for $800K to $1.2M – rushing will slow its coming in (Attorney Riordan: advised ratifying agreement and authorizing him to negotiate with Boro’s Attorney; Councilman Dyer: intent was to approve agreement on June 15th based on minor changes in language).
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Councilwoman Tooker, Lurie….Abstain

PUBLIC PARTICIPATION PERIOD OPENED AT 1:03AM, AUGUST 18, 2010.

Daniel Hennessy, PPB: respectfully asked Mayor to contain the audience – need decorum – his wife was aggravated because things were being said in her ear – there was calling out – there were sniping comments behind him – he never would have put up with that.

PUBLIC PARTICIPATION PERIOD CLOSED AT 1:05AM, AUGUST 18, 2010.

COMMITTEE REPORTS:

Councilwoman Tooker: announced TNR meeting with state officials at 1PM tomorrow – open to Mayors, Council Members, Animal Control Officers and Board of Health Officers.

Councilman Dyer: met with Carl Block and Ralph Paterson to discuss moving dispatch to Ocean County – probably won’t be until 2012 – Beach is at the top of the list (Lt. Dikun: asked that Police Department be included in discussion).

Councilman Lurie: asked the status of reducing parking space size in Silver Lake lot (Attorney Riordan: was authorized to draft ordinance at last meeting) Engineer’s research is incorrect – not a low turnover lot – if making spaces smaller than DOT standards, must indicate that they are compact car spots – increasing number of spots also affects ADA statute – will need to provide more handicap spots and will lose spots as a result – Council needs to really think about if they want to move forward with this.

Councilman Hennessy: event at Ocean Fire company, last Saturday, to honor deceased members – dedicated hall to local member, who was a Marine killed in Okinawa in 1945.
Motion by Councilman Lurie, to adjourn meeting at 1:10AM on August 18, 2010, was seconded by Councilwoman Tooker and carried by unanimous vote of those present.


Published December22, 2010 | Council Minutes | 1131


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