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October 19, 2010


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:32 PM with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Lurie and Dyer present. Councilman Cervino was absent. Administrator Riehl was absent due to an injury. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department Head memos and correspondence were discussed; Councilman Hennessy asked that Ark ABC License Extension for outdoor Pig Roast be held for resident input; Clerk Ellsworth explained that a portion of the funds for Silver Lake Lot striping would need to be taken from Open Space Trust Funds; Chief O’Hara clarified that there was no parking on the side of the street where Alex’s Bait & Tackle is located – assume request was that Council decommission four metered spaces, across the street, for 15-minute parking; Mayor Barrella: in response to resident who requested line striping on Yale Avenue, due to sight line issues when exiting his driveway, Public Works started lining that street – then another resident complained about it being done – bigger problem is consistency with spaces throughout town – many streets have lined parking spaces, but others do not – may need to establish a policy for entire town; Chief O’Hara: there is a Borough Ordinance that cars must park between the lines – however, it is difficult to enforce when some streets do not have designated, lined parking spots – pretty much every area east of the railroad tracks, except for a small area by the Antrim school, does have lined spots – agreed that matter should be studied on a broader basis due to lack of consistency – Police Department favors individual parking spots, as compared to multiple vehicles parked between lines; Mayor Barrella asked Council Members Tooker and Lurie to work with the Chief on a more consistent policy and asked that DPW Superintendent Trout remove the lines that were just painted in that area.
Councilwoman Tooker: spoke about AWC request – just received large veterinarian bill - asked that Council use balance of emergency appropriation for rabies to pay for water/sewer hook-up at trailers, as per County mandate.
As to request from Ward Agency, meters will no longer be in effect as of October 31st – suggested that they wait until then.

Motion by Councilman Dyer, seconded by Councilman Hennessy and carried by the following roll call vote, to enter closed session to discuss one retirement contract, four litigation (ACLU/Cadalzo; PBA, Boylan, Lake Louise), one possible litigation (American Center for Law and Justice) and two contractual (former attorney) matters.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Closed session started at 7:05 P.M. and ended at 7:41 P.M.

Mayor Barrella called the regular meeting to order at 7:46 P.M. Present were Council Members Tooker, Hennessy, Rizzo, Lurie and Dyer. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Attorney Riordan: stated “Following the flag salute this evening, the Governing Body will offer a moment of silence to solemnize this meeting. The Governing Body must respectfully request that everyone present respect this moment of silence. The Governing Body makes this request out of concern that if the moment of silence is not respected, the Governing Body may be required to stop providing a moment of silence at the start of future meetings.”

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances) OPENED AT 7:49 P.M.

Dave Cavagnaro, Point Pleasant Beach (PPB): rescue squad did not publish route of their October 30th event; asked if town will need to replace current parking boxes if it doesn’t use current vendor – asked if Council would be part of decision process or just take recommendations from professionals – need for aggressive time frame so that working meters are in place by March 1st; asked if contingences are being prepared for what anticipated decrease in parking and court fees will do to next year’s budget; understood Lake of Lillies was to be a dry dredge but there is water there - residents are claiming that there are underground springs that cannot be closed (result of rain event) see trucks around perimeter – asked if anyone has checked with dredge company for contingency plan.
Ron Doran, PPB: asked if moment of silence had been ordered by Judge – appreciates anything Council can do to reconcile this issue.
John Olsen, PPB: asked about Lake Louise dredge.
Al Varosi: did a soil boring last year at 210 Washington, where water was 3 feet below - not much fluctuation at Lake of Lillies area - going to have problem regardless; asked how Central Avenue sewerage treatment plan decommissioning came to pass – suggested utilizing it as a storm water treatment facility.

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances)
ENDED AT 8:07 P.M.

Conditional Veto of Ordinance 2010-46 (Omnibus Development Amendments) was considered. Mayor Barrella: vetoed portions of ordinance to which Council Members objected during second reading. Motion by Councilman Lurie, to ratify conditional veto of Ordinance 2010-46, was seconded by Councilman Hennessy and carried by the following roll call.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie….YEA
Councilman Dyer….Abstain

Ordinance 2010-50 (Refuse Collection) was introduced on first reading. Councilman Lurie: explained that there had been several meetings since last go around with dumpsters – have always been against commercial pick-up due to the costs - whether commercial or residential, will only have four cans picked-up – will help small businesses but will not be picking up larger businesses with dumpsters; Councilman Dyer: asked how business was defined [(based on property, not number of businesses (licenses)].
Motion by Councilman Lurie, seconded by Councilwoman Tooker and carried by the following roll call vote, Ordinance 2010-50 was approved on first reading.
VOTE: Council Members Tooker, Lurie, Dyer….YEA
Council Members Hennessy, Rizzo….NAY

Ordinance 2010-51 (OPRA Fees) was introduced on first reading. Motion by Councilwoman Tooker, seconded by Councilman Lurie and carried by the following roll call vote, Ordinance 2010-51 was approved on first reading.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Clerk Ellsworth: corrected 1/B and added items to consent resolutions listed below; Councilman Lurie asked that 1/A be considered separately; Councilman Hennessy asked where $2200 for RT Davies was being charged; Dave Cavagnaro, PPB, asked for details on invocation policy – asked for information on Lake Louise and Boylan negotiations; Al Varosi, PPB, asked if Lake Louise issue would be addressed tonight – asked if there was a law that there be a police officer at each meeting.
Motion by Councilwoman Tooker, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by the following roll call vote.
a) HELD for separate consideration (Renewal of Dine & Wine ABC License)
b) Approve participation in CDBG Program/Authorize Mayor to execute agreements
c) Payment to Water Works Supply for relocation of water line and fire hydrant
installation ($2844.53)
d) Payment to Brick Utilities for September bulk water usage ($99,583.48)
e) Payment to Weisleder, Inc. for transmission and engine block ($4447.64)
f) Approval of Payroll #20 ($226,673.53)
g) Payment to Schulmann Wiegmann from BOA escrow acct ($250)
h) Payment to NJ Health Benefits for employee health and Rx benefits ($97,686.79)
i) Payment to Pedroni Fuel diesel fuel ($7226.47)
j) Payment to Earle Asphalt for work completed on Ocean Ave curbs ($11,096.68)
k) Payment to Heartland Pay Systems for Credit card processing fees ($13,880.38)
l) Payment to Eastern Armored for armored car services ($3000)
m) Payment to Baycomm for siren/speaker driver ($3320)
n) P O to ESI Equipment for equipment for fire truck ($20,182)
o) Release of maintenance Bond Ole Seaport Townhouses
p) Payment to R.T. Davies Inc. for tree planting/removal ($2,200)
q) Payment to Atlantic Tactical of NJ, Inc. for police ammunition ($3,610.56)
r) Payment to Ocean County Landfill for tipping fees ($45,000)
t) Approval of computer generated vouchers ($273,711.78)
a) Progress Payment #1 to JAC for Lk of Lillies dredge project ($203,595)
b) Water/sewer bill adjustment (2 accts)
c) Waive municipal portion of raffle fees for PPB Library
d) Payment to T&M from escrow accts ($1210)
e) Approval of Payroll #21 ($228,334.12)
f) Payment to Galvin Law Firm from Planning Board escrow ($707.50)
g) Appointment of Mary Pearce and John Monticello to the Historic Preservation
h) Approve PPB High School S/E Application for Homecoming Parade
i) Approve Chamber of Commerce S/E application for Tree Lighting/Santa Arrival
j) Authorize Borough Engineer to apply for Energy Efficiency Conservation Block
Grant with caveat that engineering fees do not to exceed $500
k) Authorize Borough Engineer to proceed with proposal for wastewater treatment plant decommissioning
l) Approval of settlement with Attorney Gertner regarding 2009/2010 bills – CLOSED SESSION ITEM
m) Authorize Borough Attorney to negotiate agreement with Birdsall regarding Lake Louise – CLOSED SESSION ITEM
n) Adoption of invocation policy – CLOSED SESSION ITEM
o) Authorization for Attorney Starkey to negotiate Boylan settlement as per his recommendations – CLOSED SESSION ITEM
p) Authorization to change health coverage for retired employee as per discussion in CLOSED SESSION
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA
Mayor Barrella: Special Projects Attorney Kevin Starkey conducted an audit of the original $63,000 in billings from Attorney Gertner – he concluded that the fees for services rendered appeared to be proper and within the range of costs for legal services of a similar nature by other firms – found nothing disturbing as to either amounts or services described in the invoices – however, Mr. Gertner has volunteered to take $45,000 in lieu of the original $63,000.

CONSENT RESOLUTION 3 (Authorization to utilize balance of emergency Board of Health fund from 2009 to provide water/sewer lines for cat trailers) was considered.
Dave Cavagnaro, PPB: understood Council was told AWC was paying for cat trailers – after decision to move, Council is asked for money – one of the residents, where cat trailers were to be moved, is suing us - should have better communication with Committee before moving forward – asked Council to vote ‘no.’
Kristin Hennessy, PPB: AWC member and asking Council to vote ‘no’ - troubled by how this has been handled – Councilman Lurie proposed a possible cost-efficient viable alternative – classic bait and switch - asking municipality for funds that all along AWC has represented they would provide – neither ethical nor fiscally responsible – a devoted advocate of TNR, but asking taxpayers to come up with $7700 at the 11th hour is not fiscally responsible.
Councilwoman Tooker: paying for entire project would drain AWC funds - stepped up their TNR program and were presented with a very large veterinarian bill - AWC has never asked for a budget – the money they are asking for was already allocated - can't hurt to ask.
Lisa Mueller, PPB: have copy of AWC financial records – had over $12,000 in June - had every intention of paying for move - Mrs. Drew wrote letter in beginning of October alerting members that AWC funds dipped due to bill from Beach Animal Hospital – only have $6500 in that account now.
Mayor Barrella: suggested Council advance portion of needed funds and AWC pay a portion, making it a true partnership.
Councilwoman Tooker: handful of volunteers do a lot of hands on work - been putting off County since June - the money is in the emergency fund - have to remember that AWC has been saving the town money, every year, through the TNR program.
John Drew, PPB: reminded Council that the trailers do not belong to AWC, and it has no responsibility to bring them up to code, as required by County Board of Health.
Councilman Dyer: suggested splitting the bill with the AWC.
Vince Castin, PPB: expressed concern with precedent being set.
Maria Tirpak: complained about the amount of time being spent on this subject.
Motion by Councilwoman Tooker, seconded by Councilman Dyer and carried by the following roll call vote, to utilize balance of emergency Board of Health fund from 2009 to pay for half the costs incurred to provide water/sewer service at cat trailers, with a maximum of $3500 to be expended by the town.
VOTE: Council Members Tooker, Hennessy, Lurie, Dyer….YEA
Councilman Rizzo….NAY

CONSENT RESOLUTION 4 (Renewal of Dine & Wine ABC License) was considered. Councilman Lurie: asked what can be done to get the restaurant, that was approved 8 or 9 years ago, up and going.
Motion by Councilman Lurie, seconded by Councilwoman Tooker and carried by the following roll call vote, to hold action on renewal of Dine & Wine ABC License in order for Borough Attorney to research what can be done.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Point Pleasant Beach Auditor Review of Plan for Building Department was considered. Councilwoman Tooker: talked about doing this at last meeting, but it got so late we never closed the matter by taking a vote - in our best interests to have our auditor do this.
Motion by Councilwoman Tooker, to authorize Supplee, Clooney and Associates to review plan for Building Department consolidation, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA


Councilwoman Tooker: commended Officers Spader and Hendrickson for helping elderly resident - Officer Spader followed up next day; big branch fell and was blocking the street – Officers Mosca and Finn dragged limb out of road and cleaned debris - Police Department works hard and it is greatly appreciated; thanked volunteers from Shade Tree and Environmental Commissions who weeded Arnold Avenue for Seafood Festival – thanked DPW Superintendent Trout and Public Works who watered the trees the next day; thanked Animal Control Officer “Muskrat Jack,” Ed Donoghue and Karen Mills for coordinating the Great Turtle Rescue of 2010; AWC is having fundraiser on November 14th at the Lobster Shanty; spoke about and presented county hazardous waste collection schedule; asked Councilman Hennessy to look into rumor about cancellation of recreation basketball program.

Councilmen Hennessy and Rizzo: No report

Councilman Lurie: spoke about Long Branch’s utilization of special officers, during the summer months, to issue code enforcement violations – will speak with Chief O’Hara and Code Enforcement Officer Petrillo about utilizing a similar format in the Beach.

Councilman Dyer: No report

Mayor Barrella: reminded all that next meeting is November 9th; will be attending League of Municipalities Conference to continue to work with other towns and legislators in an effort to get those revenue sources we need to keep our tax burden low and to continue to provide the services that the people of Point Pleasant Beach deserve – looking forward to talking to representatives from Bay Head, Mantoloking and Lavallette about shared services – these other coastal communities share like problems.


Dave Cavagnaro, PPB: asked if the emergency funding for rabies was used to purchase the trailers.
Max Gagnon, PPB: looked at refuse ordinance from this evening – dumpster pick-up been going on for years - 1985 ordinance allowed charging for dumpster pickup, but it was never done - to forget about it is doing a tremendous disservice to the people of this community – asked why this town is picking up commercial garbage when no other municipalities are doing so.
Kristin Hennessy, PPB: asked if there would ever be an end to this war on business in Point Pleasant Beach - they pay taxes and deserve services for their tax dollars – businesses are paying school taxes but not putting children in the schools – tired of listening to a few people continue the war on businesses - those businesses and their ratables keep our tax rate low.
Ron Doran, PPB: expressed thanks and pleasure with some of the solutions on invocation policy; applauded time and effort of Governing Body members.


Motion by Councilman Dyer to adjourn was seconded by Councilman Lurie and carried by unanimous vote of those present.
The meeting was adjourned at 9:32 P.M.

Published January05, 2011 | Council Minutes | 1141

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