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November 9, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31 PM with Mayor Barrella and Council Members Hennessy, Rizzo, Cervino, Lurie and Dyer present. Councilwoman Tooker was absent due to illness. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department Head memos and correspondence were discussed; Mr. Betz presented his request for water/sewer bill relief.

Motion by Councilman Cervino, to enter closed session to discuss four litigation (ACLU/ Cadalzo, Dikun, Seaview, Lake Louise), three personnel and two contractual matters, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Closed session started at 7:05 P.M. and ended at 7:39 P.M.

Mayor Barrella called the regular meeting to order at 7:45 P.M. Present were Council Members Hennessy, Rizzo, Cervino, Lurie and Dyer. Councilwoman Tooker was absent due to illness. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Dyer, to approve the minutes of the May 10, 2010 Council Meeting, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances) OPENED AT 7:47 P.M.

Dave Cavagnaro, Point Pleasant Beach (PPB): congratulated Mayor and Councilwoman Tooker on election victories; sent email to Governing Body about cat trailers and sharing the Point Pleasant AWC building - asked if maintenance cost (of trailers) will be responsibility of town or AWC; asked that Council remind all committees that they must encumber funds before spending them – reminded all about purchasing policy; asked about Lake Louise dredging; asked if Lake of Lillies project is on schedule and running smoothly.
Don Betz, PPB: Council needs expertise in other areas – suggested having a committee to back up Council persons during involvement with construction projects and a committee to provide back up for financial matters - may be able to get better pricing in emergent situations; found out how Lake Louise project is being done - going to be 600-700 trucks – their weight may cause a problem on residential roads - need them to get to Ocean Avenue quickly - roads may be crushed and there are terra cotta drains down there - sure Traders Cove doesn't want the black mayonnaise that's on top – best way to dredge was the way originally done - the new contractor has a good reputation and has done this before.
Camille Renner, PPB: commented on TNR program – AWC TNR’d 19 cats in October, saving the town $2,660.
Al Varosi, PPB: congratulated winners and those who took part in the election; spoke regarding the prayer issue – ‘under God’ was added to the Pledge of Allegiance in the 1950's – ‘In God we trust’ was added to coins in 1864 and paper money in 1957; nothing pressing on Council Addenda - keeping our employees from doing other things – approving minutes from 6 months ago – (agenda) deadline should be hard and fast; don’t know contract details on Lake Louise – Mr. Betz has put forth some valid concerns – would like Council to notice property owners with details - job was not done correctly last year - suggested having liaisons between Lake Louise Homeowners Association, Council, contractor and contract administrator.
Ben Dispoto, PPB: congratulated all on their election victories - important lesson to be learned from this past election here and in the Boro - elected to serve all the people, not just some of the people – the people have not spoken with an ambiguous voice.
John Olsen, PPB: Council did their jobs, last year, by calling in the hired professionals who assured them things were going well – important, this year, that if we see things are not going well, we can reach out to someone in authority to broach those concerns - suggested Mike Corbally, who lives on the lake, or Tim Lurie – suggested asking our professionals to start working on getting extensions should they not meet the 12/31 deadline – some concern that they might take more sand than muck out.
Don Betz, PPB: going to be dealing with a lot of subcontractors to truck this out – general contractor must be made responsible for road conditions.
Ron Doran, PPB: thanked Council for resolution on prayer item and thanked Councilman Dyer for his opening, challenging each Governing Body member to look for wisdom and guidance.

PUBLIC PARTICIPATION PERIOD (Non-Agenda and First Reading Ordinances)
ENDED AT 8:19 P.M.

Ordinance 2010-50 (Refuse Collection) was considered on second reading. Borough will no longer be emptying dumpsters - must use a private carter; grass clippings were also eliminated. Mayor Barrella opened the hearing to the public.
Ben Dispoto, PPB: read h/1 – complained that there is a landscaper who continually dumps refuse in back of the Public Works yard – sure he charges his customers – but town is absorbing the cost of moving it from here to Lakewood; under Section 2/items d and e, fencing and screening of garbage receptacles, one establishment on Ocean Avenue consistently flaunts this – issue has been brought up several times – they put the dumpster in the street – asked if ordinance will be enforced (Notification will be sent to all businesses about dumpsters).
Max Gagnon, PPB: complained that this has been going on for years - spoke about it before and nothing has happened – asked about collecting $250,000 owed us for previous pickups.
Motion by Councilman Lurie, to authorize Borough Attorney to research retroactive billing for previous dumpster pickup, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie….YEA
Councilman Dyer…..Recused himself from voting
Motion by Councilman Lurie, to close public participation, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Councilman Hennessy: asked if any of the stakeholders, who will be affected, were consulted and how much private pickup would cost a commercial enterprise per year – no grass clipping pickup will affect residents; Councilman Lurie: listed meetings and who attended – one of the last municipalities still picking up commercial entities; Councilman Cervino: troubled by four can limit - felt six cans made more sense - if idea is to eliminate commercial pickup, should just do so.
Motion by Councilman Lurie, to adopt Ordinance 2010-50, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Cervino, Lurie, Dyer….YEA
Councilman Rizzo….NAY

Clerk Ellsworth asked that Ordinance 2010-51 (OPRA Fees) be amended at cost of Transcription Tape/CD of meeting.
Motion by Councilman Dyer, to amend Ordinance 2010-51 as recommended by Clerk Ellsworth, was seconded by Councilman Rizzo and carried by the following roll call vote. The public hearing will be carried to November 30, 2010.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Clerk Ellsworth: added items to consent resolutions listed below; Councilman Lurie asked that 1/A be considered separately; Ben Dispoto, PPB: asked about ‘Dine and Wine’ renewal; Mr. LaManna, Dine and Wine: had several problems with project from day 1 – manager backed out and closings fell through - hired good chef, new manager and look forward to opening in April; Executive Chef Michael: been chef at Atlantic Bar and Grill in Seaside Park for 10 years – original chef at Marlin’s Café in 1977, created and designed (menu) – concept is high quality food – unbelievable record for quality and community service – will increase tourism; Ben Dispoto, PPB: asked about mechanics lien; Dave Cavagnaro, PPB: asked about cost factor on Lake Louise project (Attorney Riordan summarized principal terms and costs); Don Betz, PPB: would like to follow money line on this - asked who Trader's Cove is owned by (Brick) - asked how much the trucks are costing; Al Varosi, PPB: asked about replacing trees on Boston Avenue and suggested how they should be placed; John Olsen, PPB: ask about hours of operation and if the homeowners would be notified (Mayor directed Administrator to send a letter) thanked Council for being diligent in its pursuit of getting this project completed; Bill Knapp, PPB: thanked Council for getting this resolved – asked if current area where trucks are now going will be the only staging area; Al Varosi, PPB: asked for a public information session for homeowners.
Motion by Councilman Hennessy, to adopt resolutions covering items listed below, was seconded by Councilman Cervino and carried by the following roll call vote.
CONSENT RESOLUTION 1:
a) HELD for separate consideration (Renewal of Dine & Wine ABC License)
b) Release of performance bond – Fishermen’s Supply
c) Appointment of Joe Fitzsimmons as recreation basketball director
d) P O to Mark Woszczak for emergency drainage repair ($3200)
e) Payments to Pt Pleasant Bicycle for repairs to police department bikes $1406.63)
f) Payment to NJ State Assoc of Chiefs of Police for annual membership ($400)
g) Payments to T&M Assoc from escrow accts ($8808.25)
h) Approval of curb cut request – 1605 East Street
i) Award of parking lot striping contract to Traffic Lines ($14,320)
j) Payment to Valic for annual LOSAP contributions ($43,000)
k) Approval of computer generated vouchers ($3,381,443.15)
l) Scheduled payment of district taxes to PPB BOE ($865,840)
m) 4th quarter payment to OCUA ($298,560)
n) Approval of hand checks for September and October ($1,690,905.09)
o) Approval of Payroll #22 ($229,647.12)
p) Refund Dumpster Bond ($500)
q) Payment to State of NJ for employee health benefits ($93,129.99)
r) P O to Motorola for portable radios through 966 Grant ($3309.20)
s) P O to United Computer for annual software maintenance ($2975)
t) Payment to Pedroni Fuel thru pricing co-op system for gasoline ($19,018.38)
u) Payment to Pitney Bowes for prepaid postage ($4500)
v) Payment of 4th quarter tax levy to County of Ocean ($2,119,916.95)
w) Payment to Mark Woszczak for emergency water main repair ($3843.96)
x) Payment to Galvin Law Firm from BOA accts ($1617.50)
y) Release unexpended BOA escrow balance ($177.29)
z) Authorization for Mayor to execute mechanics lien agreement with American Contractors Indemnity Company
aa) Approve tax amortization schedules
bb) Payment to Bianaca Sangiovanni, Esq. for condemnation services ($1040)
cc) Payment to Daniel E. Berger, Esq. for condemnation services ($1170)
dd) Progress Payment #2 to JAC Excavating for Lk of Lillies dredge ($241,080)
CONSENT RESOLUTION 2:
a) P O to Best Uniform for public works uniforms ($4794)
b) Payment to State of NJ for employee health benefits ($3628.02)
c) W/S bill adjustment ($22.22)
d) Authorization to advertise RFPs with caps due on 12/21/10
e) Amusement Games License Renewals (13)
f) Payment to Kevin Riordan for professional services rendered ($10,473.44)
g) Authorization for Borough Clerk to draft ordinance delineating streets upon
which traffic by trucks over four tons would be excluded
h) Authorization to hire special officers for the 2011 summer season
i) Approve Durand Lodge S/E application for 12/11 ‘Wreaths across America’
dedication
j) Permission for Joe Leone’s to use trailers during holiday season
k) Authorize agreement with Birdsall Engineering to complete Lake Louise dredge project – CLOSED SESSION ITEM
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Consent Resolution 3 (Waiver of sewerage portion of Betz water/sewer bill with amount waived to be donated back to the town for use by the Beautification Committee) was considered.
Bill Knapp, PPB: paid for 2 units for 11 years – also, asked for relief of sewerage on watering lawn first year - was told no both times - setting precedent.
Vince Castin, PPB: asked what would happen if same thing occurs next quarter - setting precedent.
Motion by Councilman Cervino, to accept offer, died for lack of second.

Motion by Councilman Lurie, to enter closed session for attorney/client privilege, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Closed session started at 9:11 P.M. and ended at 9:14 P.M.

Motion by Councilman Cervino, to come out of closed session, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Consent Resolution 4 (Renewal of Dine & Wine ABC License) was considered.
Alice Pidduck, PPB: expressed concern about noise in the area and quality of life on Grove Street.
Mr. LaManna, Dine & Wine: open during week, noon to midnight - Friday and Saturday until 2 AM - can only have piped music - agreed not to take out any recyclables after 10 PM.
Motion by Councilman Lurie, to renew Dine and Wine ABC License for the 2010/2011 licensing period, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

COMMITTEE REPORTS:

Councilman Hennessy: asked Governing Body to start thinking about committees and maybe meet 1/2 hour before next Council meeting to discuss – asked that Councilman-Elect Corbally be allowed in on that; thanked entire Recreation Committee, especially Glenn Krieger - just hired new basketball director, Joe Fitzsimmons; AWC fundraiser is this Sunday at Lobster Shanty; lot of rumors being spread during recent election - Council has nothing to do with consolidating schools – Board of Educations have to be in agreement and would have to go to referendum in both towns - Council can only act on failed school budget; Open Space penny was $67,000 and is now $253,000 - would like Council to consider putting elimination of that tax to referendum.

Councilman Rizzo: No report

Councilman Cervino: congratulated Mayor on his election victory, as well as Councilwoman Tooker and Mr. Corbally; wished all a happy Thanksgiving; acting as liaison to Beautification Committee has been one of the nicer experiences encountered from living in this town since 1983; Open Space is proceeding with plans for Loughran Point area; VFW Post will host service on 11/11 at 11AM at post building - event that needs to be promoted and attended.

Councilman Lurie: authorized Borough Attorney to research how to sell pump property on Cooks Lane; Mr. Fernicola sent correspondence on potential hotel bill - reduces municipal tax to 2% on hotel tax and includes seasonal rentals - asked all to take a look at bill and add to correspondence at next meeting.

Councilman Dyer: spoke about inequity of what Mantoloking pays for school tax, while being allowed to vote on the school budget - been in contact with Bruce Greenfield at County, met with Senator and Assemblymen – can solve financial challenge for school and save each Beach resident $1,000/year – in Beach, on $500,000 home pay $2300 in school tax, but Mantoloking pays $26 – comparison taxes on $1M home is $4550/$51- this is a travesty - argument is that they are paying on a per student basis – senior communities that send no kids to school pay school taxes on full appraised value of their homes – need to correct and asked Council to think about bringing suit against Mantoloking - would like to have Attorney look at North Haledon and Haledon case.
Mayor Barrella: not so sure Mantoloking is the right defendant, since this decision was made by the State Commissioner of Education.
Councilman Dyer: congratulated the Mayor, Councilwoman Tooker and Mr. Corbally on their election victories.

Mayor Barrella: in Toms River today listening to Governor, who is pushing his toolkit and trying to move the legislation along – was questioned about consolidating schools into 21 districts based upon counties – spoke favorably about that and about how his 2% cap is designed to force consolidation by making it impossible for small districts to survive without doing so; will be at League Conference next week and will have opportunity to speak to people from Education Department to shake something loose on this Mantoloking thing – will also speak to people from Treasury and do whatever else needs to be done; congratulated Mr. Corbally and Council President Tooker, who didn't leave her house, spent no money and got 200 votes more than anyone else.

Administrator Riehl: tax sale set for December 10th; issued RFP for banking services - will have recommendation for next meeting; put together group of employees to address parking boxes - hope to present proposal at next meeting – might require drafting of Bond Ordinance.
Councilman Dyer: suggested looking into leasing parking boxes (would be an operating expense within budget cap instead of a capital expenditure, which is outside cap).

PUBLIC PARTICIPATION PERIOD OPENED AT 9:44 P.M.

Dave Cavagnaro, PPB: asked about vote in closed session (cannot vote, but can authorize attorney to act in closed session).
Motion by Councilman Lurie, to authorize the Borough Attorney to research the sale of the pump property, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA
Dave Cavagnaro, PPB: asked about contractor replacing trees on Boston Avenue.
Ben Dispoto, PPB: asked if banks would cover credit card use for payment of tax and water/sewer bills without fees (was in RFP and none offered to do so); asked about trailer situation and if extending concrete walls to enclose them; asked about Seacoast property (still in foreclosure proceedings - court is backlogged).
Al Varosi, PPB: supported Councilman Dyer's proposal to look into Mantoloking - should look into Interlaken and Ocean Township agreement - should look south to consolidation, to Mantoloking, Bay Head and Lavallette.
Ben Dispoto, PPB: asked for support of Boy Scout food drive this Saturday.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:52 P.M.

Motion by Councilman Dyer, to adjourn meeting, was seconded by Councilman Lurie and carried by unanimous vote of those present.
The meeting was adjourned at 9:53 P.M.


Published January05, 2011 | Council Minutes | 1142


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