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September 28, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31PM 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.

Patricia Pike and Engineer Eric Ballou, St. Peter School: spoke on school’s “Adopt A Spot” program at Loughran Park - proposed improvements and on-going maintenance for the area, walkway, benches, picnic tables, bike rack, raised bed to delineate area, shade structure (funds for this being raised by Open Space Committee) – school will have fundraising efforts to support program (Councilman Cervino: asked if anyone spoke to Fisherman’s Memorial Committee) met with Mike Gardner and John Trout to work out details, such as securing benches during storms (Council Members Dyer, Cervino and Tooker: expressed their appreciation to the school for this undertaking) spoke to Administrator Riehl about having a clean-up there on October 16th (Councilwoman Tooker: confirmed that only native plants would be used there) – St. Peter’s is committed to “going green” - will be a sustainable design.

Department Head memos and correspondence were discussed, with items moved to agenda for action. E-Bible Fellowship’s request to change its approved days for distributing literature on the Boardwalk was conditioned upon the hours of 11AM-1PM, the same hours as their original request; Engineer Savacool: upon request of Council, looked at proposed relocation of animal trailers and gave cost estimates of running water/sewer lines to the trailers and relocating them – gave some recommendations (Administrator Riehl: reaffirmed that AWC donations are paying for this, not taxpayer dollars).

Councilman Cervino: announced that Administrator Riehl has just entered her 26th year of serving Point Pleasant Beach.

Motion by Councilman Cervino, to enter closed session to discuss five litigation matters (Cadalzo, Dikun, Gennaro, PBA and a possible litigation dealing with contract) was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy Rizzo, Cervino, Lurie, Dyer ….YEA

Closed session began at 7:03PM and ended at 7:39 PM.

Mayor Barrella called the regular meeting to order at 7:42PM. Present were Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie and Dyer.

Motion by Councilman Cervino to reverse order of Consent Resolutions was seconded by Councilman Dyer and carried by the following roll call vote:
VOTE: Councilmen, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Councilwoman Tooker….NAY

Mayor Barrella presented a proclamation to Ocean Fire Company #1 in honor of its 125th Anniversary.

PUBLIC PARTICIPATION PERIOD (NON-AGENDA ITEMS/FIRST READING ORDINANCES)
WAS OPENED AT 7:52 PM.

Al Varosi, Point Pleasant Beach (PPB): spoke about Lake Louise dredging – engineer erred in plan preparation, contract management, and certification – asked if Borough is pursuing a claim against them or pulling his bond - doesn’t feel town should pay shellfish mitigation fee.
Dave Cavagnaro, PPB: asked if there is a start date for Lake Louise dredging - asked for a timeline for decision on litigation; asked if Borough has contract with current vendor for maintaining parking boxes – if we change vendors, must we change boxes and can we go for a bond within next 6 months; asked about police contract negotiations.
Ben Dispoto, PPB: asked when Boro would stop using our facilities for court; questioned public participation procedure for ordinances.
Kristin Hennessy, PPB: asked about recycling during Seafood Festival – concerned about environmental and financial impacts of not recycling – was told by sanitation worker that all garbage was going to the same place, even though there were recycling cans in place – asked Chamber of Commerce to pick up cost of tipping fees at the Festival.
Carol Vaccaro, PPB: there was roll-off equipment in place.
John Deter, PPB: it’s a Chamber-run event – let Chamber pay for the tipping fees – they can come up with a solution as to how to separate out the garbage.
Mayor Barrella: confirmed with Carol Vacarro that Chamber runs a shuttle which picks up people from municipal lot, from which Borough makes money.
Dorothy O’Reilly, Point Pleasant: supports Council’s tradition of prayer at Council meetings.
Melissa Barrella, PPB: money raised from tickets written on Seafood Festival day does not go to the Chamber, it goes to the Borough – plus all local organizations fundraise at this event – don’t require Little League, schools or Boardwalk businesses to pay for DPW to separate trash after their events – to require the Chamber to do so would be putting a burden on one group of people that is put on nobody else.
Ben Dispoto, PPB: outlined tipping fees and spoke about private cartage for Boardwalk businesses – Little League is supposed to be sorting through recycling – town enforces laws in all events, so town is entitled to that revenue – town doesn’t make a dime from Seafood Festival itself – no mercantile licenses collected.

PUBLIC PARTICIPATION PERIOD (NON-AGENDA ITEMS/FIRST READING ORDINANCES) ENDED AT 8:24 PM.


Ordinance 2010-46 (Omnibus Development) was considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro: when you create a new law that makes homes non-conforming, that’s a serious impact on the community - concerned about cooking facilities prohibited on 3rd floor, has never been addressed for 2nd stories – this is abusive – no need for this (discussion ensued regarding definition of “cooking facilities” which includes microwaves – a bit extreme and difficult to enforce) asked what objection Council has to balcony on third floor, as opposed to second story - questioned dormers on third stories – dormers let in light and are aesthetically pleasing and a lot of homes already have them - will cause property owners to have to go before the Board of Adjustment - questioned mandate about sidewalk replacement.
Ben Dispoto, PPB: asked if this ordinance grandfathers people who did work without permits in the past.
Al Varosi, PPB: asked if Mayor would be vetoing portions of ordinance (yes, including all cooking facilities except “stove” or “oven” and Section 2B definition of half story) – code should be revised to all for garage if giving up half story.
Engineer Savacool: changed some wording in Section 2C to “total habitable floor area.”
Motion by Councilman Lurie, to close public hearing was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy Rizzo, Cervino, Lurie, Dyer ….YEA
Councilman Dyer: not in favor of ordinances that put unenforceable stipulations on the residents - there are things in the ordinance that the Mayor has said he would veto, so don’t feel it’s proper to vote on this - also, not an overwhelming recommendation by the Planning Board, from his standpoint, to make these changes – will be voting “no” (Mayor Barrella: noted that the 2% cap was voted on this way by the State, with vetoes after adoption - the ordinance is done – will vote it up or down tonight).
Councilman Lurie: asked if Council can stipulate the Mayor’s veto comments as part of the approval (no) – also, pointed out some good points in the ordinance, specifically dealing with townhouse density and saving an old tree by moving the sidewalk around it – if Mayor is willing to veto those items on the attic, the other items are good and help define us a little better.
Councilman Cervino: a lot of effort has been expended on this, but you don’t necessarily pass something because someone has worked hard on it – there are things in this ordinance that deserve adoption – not comfortable adopting it because he sees further intrusions on people doing what they want with their property – unfortunate that Borough “regulates everything” – that’s not Council’s job.
Councilman Rizzo: agreed with Councilman Cervino 100%.
Councilman Hennessy: torn on his decision – Mr. Cavagnaro and the other Council Members brought up a lot of good points – wanted to know what the Mayor would veto before he voted.
Councilman Tooker: explained the 3-2 vote of the Planning Board – Board of Adjustment deals with these issues, not the Planning Board – told Councilman Cervino that land use boards are important and vital to the community – this ordinance makes things more resident-friendly for some.
Mayor Barrella: listed the items he would veto – at Section 2, 19-11.17(3), would veto all of B and in Part C “and any deck or balcony…total allowable (habitable) floor area – at Cooking Facilities, hot plate, microwave oven, toaster oven, or electric griddle – and definition of half-story.
Motion by Councilwoman Tooker to adopt Ordinance 2010-46 was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Lurie and Mayor Barrella….YEA
Councilmen Rizzo, Cervino, Dyer….NAY

Clerk Ellsworth added items to Consent Resolution 6; Mayor Barrella asked that 1/O be held and added to consent resolution 1; be Dave Cavagnaro, PPB: thanked Council for compromise on trailer issue and asked how many were being hooked up - asked about the new OPRA fees; John Drew, PPB: wife is treasurer of AWC, which is self-supporting – recently purchased turtle traps for Lake of the Lillies – received a $3,000 vet bill and will be getting another bill from the spay/neuter group – not surprised at Mr. Savacool’s numbers – might also need isolation trailer for a sick cat – might not be any money left to do TNR work – asked Council to postpone the decision and discuss other alternatives with the AWC; Ben Dispoto, PPB: asked who Dine & Wine was; Councilman Lurie: asked what happens if Council doesn’t renew (license will be lost to the town forever); Mayor Barrella: asked if it can be renewed for a shorter period, so applicant must come back again; Councilman Dyer: talking about two issues, the building not being completed a d the renewal of the license - don’t think you can decide on one to force the other; was decided to hold until next meeting; Marilyn Burke: asked about Local Cooperative Housing Inspection Program and payment to T&M Associates from escrow account; Kristin Hennessy, PPB: echoed sentiments of r. Drew – thanked Councilman Lurie and Engineer Savacool for research – asked Council to table until next meeting; Mayor Barrella: if we don’t start this process, Ocean County will come in – also, cold weather is coming; Councilwoman Tooker: location can be changed after approval – while there is no other public property suitable for the trailers, the AWC has reached out to landlords for other location options.
Motion by Councilman Hennessy, to close public participation and approve the items listed below, was seconded by Councilman Lurie and carried by the following roll call vote:
CONSENT RESOLUTION 5
a) Renew membership with Ocean County Joint Insurance Fund
b) Proclaim month of October as ADK month
c) HELD (Renewal of Dine & Wine ABC License)
d) Payment to Absolute Fire Protection for rescue pumper fire truck ($567,042)
e) Refund tax and water/sewer overpayments ($6752.06)
f) Scheduled payment to PPB Board of Education ($865,840)
g) Payment to Schulman, Wiegmann from BOA escrow ($250)
h) Approval of Payroll #18 ($257,342.10) and Payroll #19 ($235,720.98)
i) Payment of tax appeal refund ($11,444.53)
j) Refund unexpended BOA escrow ($1787.50)
k) Approval of ABC Social Affairs Permit for PPB Fire Co #2 on 10/23/10
l) Waiver of municipal portion of raffle fee for PPB Fire Co #2
m) Authorize Mayor to execute State Local Cooperative Housing Inspection Program agreement
n) Authorization for Nick Fabiano to cover for electric sub-code inspector during vacation
o) MOVED to Consent Resolution 1 [Payment to Borough Attorney Riordan for professional services
rendered ($10,197.99)]
p) Payments to Galvin Law Firm from BOA escrow ($1227.50)
q) Authorization for Mayor to execute shared service agreement with County for 966 reimbursement
program
r) Payment of 2nd installment to NJ Shellfish Habitat Mitigation Fund ($7,000)
s) Water/Sewer bill adjustments (3 accts)
t) Approval of computer generated vouchers ($995,098.55)
u) Payment to Coded Systems for update to Borough Code ($6,006.90)
v) Payments of 3rd and 4th quarter installments to Open Space Trust Fund ($125,643.40)
w) P O to Alarm Distributors for multi-format alarm receivers ($5,533.20)
x) Payments to T&M Associates from escrow accounts ($4932)
CONSENT RESOLUTION 6
a) P O to Absolute Fire Protection for Blitzfire combo pkg ($2190)
b) Salary Adjustment for J Coyne for passage of state certification test
c) Authorization for Clerk to draft ordinance changing OPRA fees to reflect new State mandate
d) Authorize change of meeting date from Monday, Nov. 8th, to Tuesday, Nov. 9th
e) Waive Hold Harmless Agreement provision for Clean Ocean Action “Fall Beach Sweeps”
f) Waive parking fees in RR lot during Ocean Fire Co #1 125th Anniversary Celebration
g) Approve Jenkinsons annual request to store rides in trailers
h) Proceed with Borough Engineer’s recommendation for placement of cat trailers
i) Approve street closing for Ocean Fire Co #1 125th Anniversary Celebration as per Chief O’Hara’s recommendations
j) Approve eBible Fellowship request to change dates for Boardwalk literature distribution, same hours as original request
VOTE: Council Members Tooker, Hennessy Rizzo, Cervino, Lurie, Dyer ….YEA

CONSENT RESOLUTION 4 [Veto of Ordinance 2010-41 (Building East of the Boardwalk)] was considered.
Mayor Barrella: clarified that this veto is not about the ordinance itself, but the enforcement – would approve if Point Pleasant Beach was the lead agency in the Shared Services Agreement, not Point Pleasant.
Dave Cavagnaro, PPB: thanked Mayor for potential veto – a Certificate of Non-conformity is an enormous asset because it grandfathers non-conforming properties so that, in a catastrophe, the owners could rebuild without coming before Board of Adjustment – a lot of properties in town are non-conforming and owners bear the burden of proof and expense to get the certificate, which costs $2,000 - $4,000 – settlement is too generous for those east of the Boardwalk who knew what restrictions were before purchasing their property.
Motion by Councilman Cervino, to close public participation, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy Rizzo, Cervino, Dyer….YEA
Councilman Lurie….Abstain
Councilman Dyer: a very unusual situation – worked on by Board Attorney Galvin, Engineer Savacool and Borough Attorney Riordan – should move forward; Councilwoman Tooker: comfortable with ordinance, but worried about Building Department.
Motion by Councilman Cervino, to override the veto of Ordinance 2010-41, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer ….YEA
Council Members Tooker, Lurie….Abstain

CONSENT RESOLUTION 3 (Authorization to Proceed with Consolidation of Beach and Borough Building Departments) was considered.
Mayor Barrella: asked who authorized the drafting of this resolution (Att. Riordan: at Clerk Ellsworth’s request; Clerk Ellsworth: asked if resolution was going to be provided for item that was added to agenda; Attorney Riordan: response was “Sure, I’ll draft something up for you.” I think that’s my job). This resolution is reaffirming the action of Council, taken on August 17th, to approve a Shared Services Agreement prior to the submission of an Employment Reconciliation Plan to the Civil Service Commission - Councilwoman Tooker made a motion at the last Council Meeting to put this on hold – this resolution will remove that hold and move this thing straight ahead into the arms of litigation – doesn’t see the need to rush – this is a renewal of the transfer of our Building Department to Point Pleasant.
Dave Cavagnaro, PPB: agreed with the Mayor – asked if there is a plan for reconciliation in place yet (nothing submitted yet) – Shared Services is a good concept, but concerned that a very well-run department, with up-to-date facilities, is being put in the control of a neighboring town – needs to be plan for public viiewing – asked that Council wait until plan is in place before moving forward.
Mayor Barrella: lead agency is subject to negotiation.
Marilyn Burke, PPB: not ready to join Building Departments – who is defining the work being done by each organization – Beach Building Department is not a tax burden on the residents – asked if this is true of Point Pleasant - agreed with the Mayor – asked why this is being rushed.
Councilman Dyer: not an overnight decision – started with Councilman Mercun well over a year ago – there will be a clear plan in place after things are approved by Civil Service – if we don’t start in January, not cutting the necessary $211,000 anymore and more cuts will have to be made – whether in the black or not, if business can save $211,000, they should do it.
Marilyn Burke: glad Councilman Dyer wants to save taxpayers $211,000, but he did vote to cut the hotel/motel tax by 1.5% - asked where the project plan is – transferring a lot to Point Pleasant – wants to be sure Point Pleasant Beach doesn’t suffer.
Councilman Lurie: agreed with Ms. Burke and disagreed with Councilman Dyer.
Mitch Winter, PPB: when companies merge, due diligence is done – requires outside influence to be sure that everyone wins – asked where the independent study and outside auditor were(DCA did study of work hours) - shouldn’t trust the state to do this for us – a little town that they want to get rid of – Council that represents Point Pleasant Beach should spend some money and make sure we’re going to win (Mayor Barrella: have suggested that our auditor audit Point Pleasant’s books).
Max Gagnon, PPB: terrific to save $211,000, but asked how much we are going to lose ( Mayor Barrella: savings can’t fall to bottom line - this move gets nothing for us – by statute, we should break even – asked what rational businessman would merge a profitable company with a losing company and turn management over to the losing company) - asked Council to put some figures on paper.
After questioning by Councilman Dyer, Mayor Barrella and Attorney Riordan, Administrator Riehl confirmed that she would not have to budget for $211,000 next year and that the merger would save the taxpayers money next year – maybe not in the future.
Councilwoman Tooker: would be reducing revenue (Administrator Riehl: can anticipate revenue up to the amount you took in the year before).
Mayor Barrella: problem is that you’re turning the department into a revenue center, which is against the statute – reiterated Mr. Cavagnaro’s question of how Beach would get its employees back if this doesn’t work.
Councilwoman Tooker: asked Council to allow our auditor to review.
Councilmen Dyer and Hennessy: discussed illegal vote at last Council meeting, claiming Councilwoman Tooker violated meeting protocol.
Mayor Barrella: Attorney Riordan could have pointed that out at the time, but failed to do so until the vote didn’t go the right way - complained that Council doesn’t seem to mind ignoring State statutes about Employment Reconciliation Plan, etc. (Attorney Riordan: couldn’t remember how Councilwoman Tooker had voted during the previous meeting, had to lean over and ask Clerk Ellsworth – when pointing out that Councilwoman Tooker’s motion went against meeting protocol, was shouted down by the Mayor) didn’t shout down Attorney, told him to go to Ocean County Superior Court.
Councilwoman Tooker: reiterated all her questions from 3 weeks ago – asked where the money is to buy out employees’ contracts – their unused sick and vacation days, etc.
Councilman Lurie: argued that the Borough Attorney should have to be authorized to draft resolutions as well as ordinances.
John Deter, PPB: voted for the majority of Council people – give the Boro the broken stuff and let them fix that – his family has been here since the late 1800s and asked Council not to give town away to the Borough – Borough won’t allow our kids to play in their sports, but we allow the Borough to participate in ours – doesn’t have room on his front lawn for Sue Rogers’ campaign sign.
Ben Dispoto, PPB: asked which Council people are representing Point Pleasant Beach in this venture (Councilmen Rizzo, Cervino, Dyer, Hennessy) asked them to answer Councilwoman Tooker’s questions – asked why we can’t merge with Borough’s department when they are running smoothly (Councilman Dyer: questions pertain to personnel – cannot discuss this because Civil Service has to approve the plan firs; Councilwoman Tooker: didn’t ask those questions).
Lee Kelly, PPB: haven’t heard anyone talk about efficiency – been a property owner in Point Pleasant Borough for more than 26 years – have had experience with their Construction Department – detailed problems that he experienced.
John Dixon, PPB: questioned year of DCA study and what was included – asked about who is going to run things – need more enforcement of people doing illegal work – will be less enforcement when 8,000 more homes plus businesses are added – asked what we paid for computer system – asked about penalties if deal doesn’t work out – reiterated Councilwoman Tooker’s question regarding cost of employees’ unused sick and vacation days.
Mr. Skoronski, PPB: against giving up any of our identity for any reason – afraid of additional department mergers in the future – let voters decide on Election Day.
Ron Doran, PPB: asked if there is a Committee that met with the Borough and decided to merge the two departments – merging for $200,000 is not a lot for the town – doesn’t think anyone in the town really wants that – sounds like a revenue neutral type of deal.
Councilwoman Tooker: suggested coming up with another way to help out the Boro – thinks everyone would be happy if the Beach was in charge; Mayor Barrella: believes the August 17t vote is illegal because there is no Employment Reconciliation Plan, but Attorney Riordan has a different opinion - asked him to articulate same; Attorney Riordan: referred to Shared Services Agreement between Passaic and Essex Counties – they did not file an Employment Reconciliation Plan first – Civil Service recognized the plan wasn’t submitted until after the agreement was reached, but they allowed it to go forth – should there be a court challenge, all you’d need to do is ratify the agreement again and that would end the challenge (Mayor Barrella: argued this decision – a unique case in which layoff plan was an approved alternative to the Employment Reconciliation Plan – this decision is the aberration, not the rule – setting ourselves up for a lawsuit).
Motion by Councilman Hennessy, to authorize proceeding with Consolidation of Beach and Borough Building Departments, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Councilmen Hennessy, Cervino, Dyer….YEA
Council Members Tooker and Lurie….NAY
Councilman Rizzo….Abstain

Motion was made by Councilman Dyer to pay Borough Attorney’s bills (Part of Consent Resolution 1).
Mayor Barrella: questioned portion of bill and Borough Attorney responded.
Motion to pay the Borough Attorney’s bills was seconded by Councilman Rizzo.
Mayor Barrella: objected to taking vote before the public had a chance to be heard; Councilman Hennessy: agreed that the public should be given a chance to speak.
Marilyn Burke, PPB: asked if $10,197.93 was for one month (August) asked for a breakdown, how many ordinances and resolutions were written (copies were provided; Attorney Riordan: through today have billed the Borough $50,000 – were billed $200,000 for last year’s services - going to save about $100,000 on me).
Mayor Barrella: asked if bill included services to draft Court shared services resolution, which was challenged by Mr. Dikun and revised by Attorney Riordan – read email, received through OPRA, from Jerry Dasti, stating that Mr. Dikun’s problem was not with anything the Boro did, but that the Beach resolution could be more articulate (resolution precipitated need to file a brief and answer) – also complained about drafting of a 10-12 page letter brief in Gennaro matter which is not returnable until October 5th (judge ordered) – should have asked for extension in Cadalzo suit to see if settlement could be worked out before filing brief.
Councilman Rizzo: complained that Council was not reviewing Attorney Gertner’s bills.
Mayor Barrella: will not be addressing the rest of Resolution 1 (Status of Borough Attorney) – will be notifying Clerk that about calling a special meeting in light of the comments made at the last meeting about the AOC (Administrative Office of the Courts) scheduling the meeting on August 24th about the Court Administrator.

VOTE (to pay Attorney’s bills): Council Members Tooker, Hennessy, Rizzo, Cervino, Dyer….YEA
Councilman Lurie….NAY

Mayor Barrella: will not be dealing, tonight, with status of Borough Attorney - will be asking this Council to remove the Borough Attorney at a special meeting – my statement was “I am tired of Councilwoman Rogers consistently interjecting herself into the business of Point Pleasant Beach” and Mr. Riordan said that is just inaccurate, what happened was that the Court Administrator came before the Council, the AOC heard her comments because they were reported in the newspaper and they were the ones that asked for the meeting, not Ms. Rogers – the next comment was “the truth Mayor is that the AOC insisted on having the meeting because you encouraged” her to come here – both of those statements have been confirmed, by Lilia Lopez, of the Ocean County Court, to be false – that the meeting was scheduled at the request of Ms. Rogers and not at the request of the AOC – am trying to get confirmation that Judge Grasso did not, in fact, order Mr. Riordan, as he maintained, but rather that what happened was Ms. Rogers asked Mr. Riordan to attend by forwarding an email – the point is that I can deal with mistakes and on-the-job training, but I cannot work or tolerate Borough Counselsitting there and telling a falsehood to this Council and the residents of Point Pleasant Beach – having an attorney misrepresent is the most serious of all offenses and an emergency.
Attorney Riordan: Mayor may be right about how that meeting was called – however, I do remember Mr. Prifold, the head of AOC, saying that he read the Court Administrator’s comments in the newspaper, was concerned about them and wanted to discuss them with us – it may be Ms. Rogers called the meeting, but that does not obviate the point that Ms. Lopez and Mr. Prifold wanted to talk to us about the Court Administrator’s comments.
Councilman Dyer: was invited to meeting and couldn't make it due to business committments - claimed that Mayor willfully and knowingly overrode ordinance and had a vote at the last meeting – all right for Mayor but not for anyone else.
Mayor Barrella: claimed Councilman Dyer’s underlying presumption was wrong and that even if Councilman Dyer were right, which he is not, there is a major difference between someone sitting up here and someone who has a fiduciary obligation to this Council so that it can fulfill its fiduciary obligation to these people.

Motion by Councilman Cervino, to extend the meeting until 11:45 PM, was seconded by Councilwoman Tooker and carried by the following roll vote.
VOTE: Council Members Tooker, Hennessy, Cervino….YEA
Council Members Lurie, Dyer….NAY
Councilman Rizzo…..Not Voting, as he was not present

CONSENT RESOLUTION 2 (Authorize T&M to create bid specs and bid Recreation Fields Rehabilitation Project with costs covered through Open Space Trust Fund) was considered.
Marilyn Burke, PPB: asked about cost - spoke about budget constraints and asked why Council was wasting time doing this - when my kids played, the parents fixed the fields.
Councilman Cervino: started at $400,000 and escalated to $1M - after what I played on, these fields don't strike me as being poor to play on – not the right time to proceed with this, entire project is a huge nut to undertake.
Dave Cavagnaro, PPB: asked about looking for grant money for this.
Mayor Barrella clarified: resolution is for approval to prepare specs and bid – can be done in various stages - whole purpose is to permit that, to see what the cost of the project will be - Green Acres application has already been filed – Lake of Lillies came in substantially less – is possible that what is thought to be a $1M project may come in at $400,000 under estimate and want to know what project costs will be – unfortunately may not get Green Acres funding due to raid on the trust fund to pay operating expenses (Attorney Riordan: Governor’s office is saying that there is no money to fund Green Acres) should be evaluated as to whether it makes sense assuming we are not getting Green Acres funding – if we charged Little League a charge back for use of those fields, we could charge other entities twice that for field use .
Mr. Cavagnaro: concerned about use of open space money - people who went door to door asked public if they would pay more taxes to purchase and maintain open space – that’s what people said yes to and now fund is being raidied for everything else – asked Council to wait until economic times improve and conserve now.
Glenn Paesano, PPB: this is exactly what the Open Space Fund is for - this is open space and is on the ROSI - can't proceed with any repairs of the fields if we don't get an outline, and plan, to repair the fields completely - this is a minimal step so that we don’t waste money when moving ahead – that was the whole idea of previous meetings, to do it right so it lasts another 30 years – Open Space report specifically names this property – facility not ADA compliant and dangerous in some respects – can’t do anything unless you take this first step.
Vince Castin, PPB: when he was involved with Little League, league did it all itself - not sure what this field rehabilitation consists of, but could possibly be done within the organization.
Vince Ciccalese, President of Little League, PPB: league members do work on the fields - last overhaul of fields was done in 1976 - last couple of projects were band aids – all these band aids are not working anymore - problem is that the entire complex is tilted - has to be started from the ground and worked up.
Richard Bilotti, PPB: supported previous favorable comments - overwhelmingly opinion of those at games is that this is one of the best things that can be done with Open Space money.
Mayor Barrella: clarified that monies were coming out of current Open Space and would not be added to property tax bills.
Councilman Hennessy: asked how much this would cost open space each year and suggested that it may be time to address the Open Space tax.
Mayor Barrella: planned Lake of Lillies coming in a $3M and it’s came in at roughly half of that – so that leaves room to do another major project like Little League fields but also is another reason for thinking that, given the hunger that contractors have, this job might get bid at a very low level and be so reasonable that it lends itself to doing the work.
Councilman Dyer: difficult decision for me - spending $69,000 in engineering fees - plan went from $400,000 to $1M – has to be some other options – was involved in Little League board which through fees, fundraising and snack bar that ultimately raised enough money to erect building in that complex.
Councilman Lurie: only $40,000 in engineering fees through this phase with an additional $27,000 for construction phase.
Mayor Barrella: asked if fees were lump sum or could they be treated as time and materials with a cap; Mr. Savacool: you can treat it that way.
Motion by Councilman Cervino, to proceed with cap of $42K to initiate outline (create bid specs and bid Recreation Fields Rehabilitation Project with costs covered through Open Space Trust Fund) with understanding that future Councils may say no to project, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Rizzo, Cervino, Lurie, Dyer….YEA
Councilman Hennessy….Abstain

Motion by Councilman Hennessy to extend meeting for 15 minutes was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino….YEA
Councilmen Lurie, Dyer….NAY

Mayor Barrella: Council not in position to discuss litigation matter, but public should be given opportunity to comment – the Council agreed to observe a Moment of Silence while pursuing resolution of the litigation.
Attorney Riordan: lawsuit has been filed - agreed to a moment of silence, as opposed to our former practice, while litigation is pending – will be discussing other options or policies for solemnizing the opening of Council meetings.
Dorothy O'Reilly, Point Pleasant: support need for prayer - long time tradition going back to the Founding Fathers – commented on court cases to remove prayer from schools and government, and trying to take crosses out of cemeteries – caving in will cause an escalation.
Kidaris Seidlitz, PPB: support Sharon Cadalzo for contacting ACLU – been doing a lot of advocacy, around the country, for Asian Americans – country was founded on separation of church and state - pattern of behavior not for the highest good – you’re saying prayers, but not following what you’re saying.
Father Paul Varga, Franciscan Priest, PPB: little surprised that we were invited to pledge allegiance to the flag – Witnesses of Jehovah see that as a form of idolatry – wonder, if at subsequent meetings, will have a member of that sect protest our practice of the Pledge and see their will prevail over that of the majority of other patriotic Americans - sorry to hear that a member of our community has been offended by prayer and felt uncomfortable – my experience has been the opposite – one of the highlights of my 48 year priesthood was taking part in an interfaith marriage in a Jewish temple – one of our Catholic prayers makes reference to Abraham, “Our Father in Faith,” - been in town 5 years and received many invitations to pray, such as the 75th Anniversary of the Inlet Opening, along with many other town clergy members – was also at the Offshore Races, Little League Opening Ceremony and Memorial Dedication at Ocean Fire Company #1 – so attempts have been made to make our pluralistic society all inclusive – we need prayer - we live under the cloud terrorism and need help - call it God or whatever name you are comfortable with - read First Amendment to Constitution "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or of the right of the people peaceably to assemble or to petition the government for the address of grievances" - don't think this Governing Body has made any ordinance or law establishing any religion – this whole notion of separation of church and state was never said by our forefathers.
Dave Cavagnaro, PPB: support prayer - recall first time I went to tree lighting in town and someone was saying a prayer publically - after 9/11, Mayor Pasola called all to the Band Shell, where representatives from different religions led the town in prayer - don't know how you are going to accomplish making everybody happy, but the majority of the people are looking for some expression of prayer – hoped Council seriously considers that.
Ron Doran, PPB: thanked the Governing Body and Borough Attorney for attempting to help keep prayer at Council meetings - participated in national prayer breakfast with different denominations – there is excellent, free legal assistance, for the town – offered to provide those names - many Congressional bills in our favor – a Rabbi was asked to speak at the House of Representatives and gave a wonderful prayer pointing out how fortunate he was to live in a country where he was privileged to offer a prayer before that historic assembly – all levels of government need prayer, prayer that God will intervene and keep evil away from our country and bring it to the good - Rabbi from Temple Beth, NY, talks about original form and meaning of the Lords Prayer and its relationship to the messianic expectation, calling it a beautiful combination of formulas of prayer, not only for his people – asked Council to continue tradition of prayer, no matter what form it may take, and salute to the Flag.
John Deter, PPB: if prayer is eliminated, might as well eliminate the pledge, because it is ‘one nation under God’ - respect rights of others - instead of a moment of silence, suggested Council has a moment to express ourselves in our own way, even if everyone talks different ways at one time.

Motion by Councilman Dyer to adjourn the Meeting at 12:03 P.M., was seconded by Councilman Lurie and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA
Councilman Cervino (jokingly)….NAY


Published January05, 2011 | Council Minutes | 1139


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