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September 7, 2010


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35PM with Mayor Barrella and Council Members Tooker, Rizzo, Cervino, Lurie and Dyer present. Councilman Hennessy 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; request for handicap parking space on Inlet Drive was held for further research by Chief O’Hara; Councilman Lurie suggested O’Donnell Stanton and T&M provide cost proposals to conduct structural analysis on Central Avenue Sewage Treatment Plant; Engineer Savacool’s correspondence about Recreation Improvements was held, pending follow-up by Councilman Lurie.

Motion by Councilman Cervino, to enter closed session to discuss six litigation matters (PBA, Gennaro, Boylan, Dikun, Lake Louise and Lake of the Lillies), two contractual matters (Wells Fargo and Lake Louise), was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Tooker, Rizzo, Cervino, Lurie, Dyer ….YEA

Closed session started at 7:09pm and ended at 7:36pm

Mayor Barrella called the regular meeting to order at 7:41PM. Present were Council Members Tooker, Rizzo, Cervino, Lurie and Dyer. Councilman Hennessy was absent.


The following Cooks Lane residents, and Point Pleasant Beach (PPB) residents Marilyn Burke and Joe Lemma, spoke in opposition to the relocation of cat trailers to the lot next to 318B Cooks Lane, citing that it was a residential neighborhood and residents were not contacted: Greg Gennaro, Jim Aiosa, Brian Kiddie, Anthony Scardaville, Gene Posella, Dick Gennaro, Donna Kiddie and Eileen Scardaville.
The following Animal Welfare Committee (AWC) members spoke in support of trailers on Cooks Lane and TNR program: Lea Drew, Lisa Muller, Camille Renner, Kristin Hennessy – willing to compromise and work to beautify the community.
Mayor Barrella asked Councilman Lurie to work with Administrator Riehl and Councilwoman Tooker on possible alternative sites prior to next Council Meeting, and invited Cooks Lane residents to contact Administrator if they wish to discuss with her and AWC.
Glenn Paesano, PPB Little League: asked about the funding of field improvements (Administrator Riehl will see if engineering fees can come from Open Space Trust Fund).
Dave Cavagnaro, PPB: asked if Council considered his proposal to sell Cooks Lane property; likes the idea of shared services for animal facilities; complained about geese excrement at the school; questioned scheduling of furlough days; asked why Ordinance 2010-45 isn’t on for second reading; confirmed that binding initiative and referendum is not permitted in Pt. Pleasant Beach’s form of government; thinks Little League field improvement is a worthy cause, if it can be done without committing too much money up front – commended Councilman Dyer for his thoughts on this; asked about service contract with Metric Parking.
Max Gagnon, PPB: spoke about Central Avenue Sewage and Treatment Plant – went into that structure about 40 years ago to do ventilation work, and wondered then how that structure hadn’t collapsed – suggested doing something quick.
Marilyn Burke, PPB: urged caution with spending money on Little League field – thanked Councilman Dyer for being hesitant on going forward.
Motion by Councilman Cervino, to CLOSE PUBLIC PARTICIPATION AT 8:56 PM, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Rizzo, Cervino, Lurie, Dyer ….YEA
Motion by Councilman Cervino to approve the minutes of the May 4, 2010 Council Meeting, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Rizzo, Cervino, Lurie, Dyer ….YEA

Ordinance 2010-48 (Re-appropriation Bond Ordinance 2007-17) and Ordinance 2010-49 (Re-appropriation Bond Ordinance 2008-30) were considered on second reading. Mayor opened hearing to public, with no member of public wishing to be heard.
Motion by Councilman Dyer, to close public hearing and adopt Ordinances
2010-48 and 2010-49, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Tooker, Rizzo, Cervino, Lurie, Dyer ….YEA

Ordinance 2010-46 (Omnibus Development Amendments), as amended, was re-introduced on first reading. Mayor opened hearing to the public.
Councilwoman Tooker: this amendment excludes land under water from lot calculations as it could be unfair to lakefront property owners - will be meeting with tax assessor and land use Attorney Galvin to clarify this issue in the next couple of weeks.
MayorBarrella: will ask Attorney Galvin and Engineer Savacool to attend next Council Meeting to answer questions (at public hearing).
Motion by Councilwoman Tooker, to approve Ordinance 2010-46, as amended, was seconded by Councilman Lurie and carried by the following roll call vote. Public hearing will be held on September 28, 2010.
VOTE: Council Members Tooker and Lurie and Mayor Barrella ….YEA
Councilmen Rizzo and Dyer….NAY
Councilman Cervino….Abstain

Veto of Ordinance 2010-41 (Building East of the Boardwalk) was considered.
Motion by Councilman Cervino, to carry action on veto to September 28th Council Meeting, was seconded by Councilman Dyer and carried by the following roll call vote:
VOTE: Council Members Tooker, Rizzo, Cervino, Dyer ….YEA
Councilman Lurie….Abstain

Clerk Ellsworth added items to Consent Resolutions listed below; Councilman Dyer questioned item 1/R; Dave Cavagnaro, PPB: questioned items 2/J and 2/D; Marilyn Burke, PPB: questioned computer-generated vouchers for public defender and rabies vaccination; Max Gagnon, PPB: questioned item 1/S and complained that taxpayers are still funding commercial garbage pick-up; George Miksis, PPB: disagreed with Mr. Gagnon about commercial garbage pick-up; Kristin Hennessy, PPB: asked for clarification on Mr. Kalanikas’ request; Ray Kalanikas, Manalapan: re-iterated request from last Council Meeting; Councilmen Lurie and Dyer asked that item 2/I be considered separately.
Motion by Councilman Lurie, to adopt resolutions covering items listed below, was seconded by Councilwoman Tooker and carried by the following roll call vote:
a) Memorialize ABC License Transfer C J’s Polish Deli to Wine King
b) Confirm DEP Green Acres grant application for ball field complex improvements
c) Establish OPRA charges to conform with recent case law
d) Approval of computer generated vouchers ($1,087,929.63)
e) Payment to Lawmen Supply for police armor ($6075)
f) P O to Water Works Supply to relocate water line & install hydrant ($2844.53)
g) Approval of hand checks – June thru August ($2,440,378.14)
h) Approval of Payroll #17 ($294,548.62)
i) Scheduled payment to PPB Board of Education ($865,840)
j) Payment to Brick Utilities for August bulk water usage ($125,821.21)
k) Progress payment #3 to Earle Asphalt for Ocean Ave curb improvements ($2532.80)
l) Payment to Absolute Fire Protection for fire hoses ($9350)
m) Payment to HD Supply Waterworks for water meters ($7992)
n) Refund sewer tap ($2338)
o) Refund unexpended BOA escrow accts ($3383.24)
p) Refund dumpster bond ($250)
q) Payment to PPB Library of annual contribution ($3500)
r) Reimburse Mayor Barrella for Mayor’s conference expenses ($295)
s) Payment to Ocean County Landfill for tipping fees ($50,000)
t) Reimburse Sgt Ippolito for college tuition ($1433.91)
u) P Os to Weisleder for repairs to Police Department vehicles ($5,847.64)
v) Water/Sewer bill adjustments (15 accts)
a) Appoint Nina Sassano to Shade Tree Commission
b) Authorize Municipal Clerk to sign Fire Department applications before placing on the agenda
c) Approve Frankie’s ABC extension permit for the Seafood Festival
d) Approve PPB Education Foundation Special Event application for run/walk on 10/23/10
e) Approve Special Olympics Special Event Application for Jersey Shore relay on 4/16/2011
f) Approve E-Bible Fellowship Special Event Application for literature handout on Boardwalk
g) Authorize early start time for Lake of the Lillies dredging project
h) Authorization for Borough Engineer to proceed with roadway improvements to Channel Drive
i) HELD for separate consideration (Authorize the Borough Clerk to re-issue the 1991 I&R
Letter, with cover letter, from PPB to Governor Christie )
j) Authorize the Borough Attorney to enter into settlement agreement in Dikun suit, as discussed in CLOSED
VOTE: Council Members Tooker, Rizzo, Cervino, Lurie, Dyer ….YEA

Motion by Councilwoman Tooker, to authorize the Borough Clerk to re-issue the 1991 I&R letter from PPB to Governor Christie, with cover letter, was seconded by Councilman Rizzo was carried by the following roll call vote.
VOTE: Council Members Tooker, Rizzo, Cervino, Lurie….YEA
Councilman Dyer….NAY


Councilwoman Tooker: Planning Board and public requested an ordinance, quantifying beach parking, which was written – asked Council if they wished to go forward with it (no); presented commendations from Retired Lt. Harry DiCorcia for Special Officers, Valerie Blauvelt and Michael Slater, who were instrumental in comforting the families of the victims of the tragic July drowning and helping to control crowds; announced AWC fundraiser on November 14th at The Lobster Shanty, as well as ongoing raffle – AWC was honored to be chosen by DEP as host community for State meeting last month, and recognized as leader in TNR – Trap and Kill does not work; recycling is way up, thanks to single-stream; thanked Shade Tree Committee for caring for new trees around town; Environmental Commission is weeding on Arnold Avenue on September 13th – invited volunteers; starting work on demonstration rain garden by Little Silver Lake; next Green Team meeting is September 15th; thanked DPW Superintendent Trout for new signs at Maryland Avenue Beach and Cathy Sogorka for following up with that.

Councilman Rizzo: No report

Councilman Cervino: Beautification Committee is concerned about dogs urinating on their plants – asked public to be aware of unleashed dogs – will not have a fall garage sale, but will have one in the spring – expressed appreciation for Beautification Committee – announced scarecrow contest in October – 50/50 tickets are for sale at Farmer’s Market; invited public to Open Space meetings, held on last Wednesdays of the month; reported on St. Peter’s Adopt-A-Spot at Loughran’s Point, in conjunction with Open Space Committee’s pavilion.

Councilman Lurie: would like to schedule a meeting about garbage pick-up next Tuesday at 5PM, to get the issue on the next agenda.

Councilman Dyer: read “Update on the Municipal Courts Interlocal Services Agreement” from Richard Prifold, Trial Court Administrator and Lilia L. Lopez, Municipal Division Manager, into the record and provided copies for the public. (Copy attached)

Mayor Barrella asked who attended meeting on August 24th (Attorney Riordan: he did – Ms. Riehl and Mr. Hennessy were also expected, but both had scheduling conflicts) Council President Tooker is liaison to Police and Court (Boro Councilwoman Rogers called Administrator Riehl at about 11:45AM on the day of the meeting which was at 2PM (Attorney Riordan: was invited by the courts – when Judge Grasso invites him to a meeting, he goes) Borough Attorney does not work for Judge Grasso, but for this Council and no one on Council authorized him to attend (Attorney Riordan: doesn’t need authorization – Assignment Judge of Ocean County asked him as an attorney and an officer of the court) he, Councilman Lurie and Councilwoman Tooker will be meeting with Ms. Lopez on Thursday morning – Attorney Riordan is not invited, since the Mayor wasn’t invited when Boro Councilwoman Rogers scheduled her meeting on August 24th – tired of Councilwoman Rogers consistently interjecting herself into Beach business (Attorney Riordan: that is inaccurate – Court Administrator Sargent came before Council, her remarks were reported in the newspaper, and the Administrative Office of the Courts (AOC) called the meeting, not Ms. Rogers - AOC insisted upon having that meeting because Mayor encouraged Ms. Sargent to come here) read from Ms. Rogers’ letter to “The Ocean Star” in which she states, “we immediately contacted the AOC for a meeting” – Beach had a full-time court employee who was let go – Boro court lost it’s administrator – wondered what it means to Point Pleasant Beach taxpayers that we need a Deputy Court Administrator (not an additional person – it’s written into the agreement) he has made an OPRA request to the Boro to get to the bottom of who called the meeting; will attend the Mayor’s Fall Summit on September 17th – Governor will be taking questions and will be discussing the Municipal Tool Kit; at last Council Meeting, Council approved a shared services agreement with the Boro Building Department – as no Employee Reconciliation Plan filed (ERC) was submitted to the Department of Personnel prior to the Council’s action at the last meeting, the approval of the shared services agreement was an apparent violation of the Shared Services and Municipal Consolidation Act (N.J.S.A. 40A:65-1 et sec.) – it may be a good idea, but the haste to get things done doesn’t make sense – we are consistently responding to pressures outside of Point Pleasant Beach and doing things that are outside of the scope of the authority of the Council (Councilwoman Tooker: there are still a lot of unanswered questions and the public needs things spelled out more clearly – suggested putting on the breaks for a little while to iron out some of this stuff) from his point of view, action taken at the last Council Meeting is null and void – not in municipality’s best interested to continue down this path and subject us to litigation (Councilwoman Tooker: doesn’t understand why Construction Official Gardner was not integral in the process – saw an e-mail from him asking Council to do certain things with regard to shared services and Council did the opposite – still don’t know insurance cost - hasn’t received a satisfactory answer to her question about whether we have an out – doesn’t seem to add up – doesn’t want to get in trouble with this stuff; Attorney Riordan: disagreed with the way the statute is being interpreted) no reason why anything should be done until Council approves the submission of an ERC and said plan is submitted (Attorney Riordan: unless someone brings an action to render the agreement null and void, it stands).
Motion by Councilwoman Tooker, to put a hold on the Building Shared Services Agreement that was approved at the last Council Meeting until the ERC is filed and submitted, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Lurie, Mayor Barrella ….YEA
Councilmen Cervino and Dyer….NAY
Councilman Rizzo….Abstain
Mayor instructed Administrator Riehl to advise the Boro that this agreement is on hold and no action will be taken by Point Pleasant Beach/on behalf of Point Pleasant Beach until an Employment Reconciliation Plan is submitted.


Marilyn Burke, PPB: asked what an Employee Reconciliation Plan is, who approves it and how long it takes.
Attorney Riordan and Councilman Dyer argued with Mayor Barrella over meeting procedures and whether Councilwoman Tooker had the authority to make the motion to put the shared services agreement on hold, since she did not vote to pass it in the first place.
Dave Cavagnaro, PPB: asked when and if our employees become Boro employees, and if we choose to reverse this agreement, for them to become Beach employees again, must they re-test under Civil Service; asked if Council had considered hotel owner’s request to televise the Council Meetings.


Motion by Councilman Cervino, to adjourn the Meeting at 10:32 P.M., was seconded by Councilman Lurie and carried by consensus of those present.

Published December22, 2010 | Council Minutes | 1132

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