416 New Jersey Avenue, Point Pleasant Beach, NJ 08742 • 732-892-1118 • www.pointpleasantbeach.org
Welcome to Point Pleasant Beach

Point Pleasant Beach News


Printable Version


November 30, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31PM with Mayor Barrella and Council Members Hennessy, Rizzo, Cervino and Dyer present. Council Members Tooker and Lurie were 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; Administrator Riehl updated Council on parking box research and need for bond ordinance - Councilman Dyer suggested placing a box in the Arnold Avenue parking lot between Ocean Fire Company #1 and the Post Office - consensus was made to introduce bond ordinance at $450,000; Assistant Fire Chief Drew addressed Council on need for changes to code book at ‘Department of Fire’; consensus to hold action on A2657 until next meeting.

Motion by Councilman Cervino, to enter closed session to discuss two attorney/client advice, two contractual, one personnel, one possible litigation, one resolution of litigation and three litigation matters, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA

Closed session started at 6:49 PM and ended at 7:23 PM.

Mayor Barrella called the regular meeting to order at 7:30PM. Present were Council Members Hennessy, Rizzo, Cervino, and Dyer. Council Members Tooker and Lurie were absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Cervino, to approve the minutes of the May 10, 2010, May 18, 2010 and May 25, 2010 Council Meetings, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA

PUBLIC PARTICIPATION PERIOD (NON-AGENDA AND FIRST READING ORDINANCES)
OPENED AT 7:32 PM

Dave Cavagnaro, Point Pleasant Beach (PPB): understood that if 2010-52 passes, town will stop picking up grass clippings at residential properties – asked about cost savings to town (savings from $25,000 to $40,000 in tipping fees) should stop commercial garbage collection before stopping residential grass clipping collection – neighboring towns all collect grass with their garbage - only options are for residents to buy a mulching mower or hire a professional service; asked once final recommendation is made (on parking machines), will Council members try out the machines before they vote; was chided by council member about not speaking up about grass clippings at last meeting, but that’s not what was in the ordinance.
Ben Dispoto, PPB: Mantoloking, Point Pleasant and Bay Head have private sanitation collection – County is strongly discouraging dumping grass clippings in landfill, which will be at capacity in three to five years; asked how much was paid for current parking boxes (from 2003 to date, everything cost $630,000, including maintenance, paper, labor costs, etc – have 37 machines, 15 of which work - will cannibalize the parts of the other 22 to keep those 15 up and running) – complained that parking box should be put in higher volume Borden’s lot instead of the Arnold Avenue lot, which is mainly used by residents; strongly suggested having two meetings per month during summer time.
Vince Castin, PPB: gave history of ACLU – National Civil Liberties Bureau, an outgrowth of American Union against Militarism, opposed American intervention during WWI – provided legal advice and aid for conscientious objectors and those being prosecuted under the Espionage Act of 1917 or the Sedition Act of 1918 – were subpoenaed by the NY State Joint Legislative Committee to Investigate Seditious Activities, which considered them to be a vehicle for communist and socialist propaganda – in 1920 they changed their name to the American Civil Liberties Union and fought to protect aliens, threatened with deportation, along with U S nationals, threatened with criminal charges by U S Attorney Alexander Mitchell Palmer for their communist or socialist activities and agendas - the ACLU NJ reported $1.2M in income in the 2005 fiscal year, 18% of which came from awarded attorney’s fees – in 2004, the ACLU rejected $1.5M from the Ford and Rockefeller Foundations because the Foundations adopted language from the U S Patriot Act in their donation agreements, including a clause stipulating that none of their money would go to underwriting terrorism or other unacceptable activities – the Georgia affiliate was awarded $150,000 in fees after suing a county demanding the removal of the Ten Commandments displayed in its court house – the second Ten Commandments case in another Georgia county led to a $75,000 judgment – the States of Tennessee, Alabama and Kentucky were required to pay $50,000, $175,000 and $121,000 respectively in similar Ten Commandments cases – some ACLU clients are Neo-Nazi groups and the North American Man/Boy Love Association – the ACLU currently opposes the application of Megan’s Law, which requires law enforcement authorities to identify convicted sex offenders to the public at large through various media outlets - ACLU fought for right of the West Borough Baptist Church to picket veterans funerals, carrying signs which say “God hates Flags”, “Thank God for dead soldiers” and “Thank God for 911” – the ACLU has filed suit to have cross shaped headstones removed in San Diego – they also sued L A County for the cross on their County seal.
Mitch Winter, PPB: thanked Council for trying to save money by stopping grass collection.
Reverend Carlos Wilton, Pt. Pleasant Presbyterian Church-PPB: spoke about prayer at the beginning of Council meetings – support prayer in most settings, but not appropriate to begin Council meetings with any form of sectarian prayer – preferable to have a moment of silence - citizens of democracies should look out for the rights of minorities - commended Councilman Cervino for his non-sectarian prayer - as a proponent of freedom of religion, encouraged the Council not to spend any more money on the ACLU case – should continue with moment of silence or non-sectarian prayer in an effort to make all residents feel part of the governing process and the community.
Al Varosi, PPB: claimed town is getting a second rate job on Lake Louise dredge project - suspending turbidity into water column, which is washing up onto people’s beaches and choking off the lake - dredging with backhoes and barges - pushing soft muck away and going for the granular material underneath, which is more valuable (suggested he photograph or film same so town and town engineer have proof) not a lot of consideration given to Lake Louise Homeowners Association, which has a couple of contractors and engineers among its membership that could have lent their expertise; approved of A2657 in theory but it gives preference to the larger resort towns – asked Council to stipulate that larger towns be included; grass clippings help to mulch gardens; supported 3 week meeting plan; maybe one item on the addenda that might be an emergency - should adhere to agenda deadlines - not only extra work but at times it seems sneaky.
Bill Knapp, PPB: asked for Council members’ opinions about A2657 – Governor does not support - heard Joe from Point Pleasant, on radio, opposing any kind of hotel/motel tax – asked about repealing the reduction in 2011; his mulching mower works terrifically.

Ordinance 2010-51 (OPRA Fees) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Hennessy, to close the public hearing and to adopt Ordinance 2010-51, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA

Motion by Councilman Dyer, to table any action on introduction of Ordinance 2010-52 (Grass Clippings and Yard Rakings) until Council Members Tooker and Lurie were present, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA

Ordinance 2010-53 (Trucks over 4 tons excluded on Borough streets) was considered on first reading. Motion by Councilman Cervino, seconded by Councilman Rizzo and carried by the following roll call vote, Ordinance 2010-53 was approved on first reading. The public hearing will be held on December 21, 2010.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA

Ordinance 2010-54 (Lake Louise Dredge Bond) was considered on first reading. Motion by Councilman Cervino, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2010-54 was approved on first reading. The public hearing will be held on December 21, 2010.
VOTE: Council Members Hennessy, Cervino, Dyer….YEA
Councilman Rizzo….Abstain

Ordinance 2010-55 (Parking Boxes Bond) was considered on first reading. Motion by Councilman Cervino, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2010-55 was approved on first reading. The public hearing will be held on December 21, 2010.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA

Clerk Ellsworth added items to consent resolutions listed below; Councilman Dyer asked that 1/k be held for separate consideration; Dave Cavagnaro, PPB: as Beautification Committee member, spoke in favor of item 1/y – asked about timeframe for 2/h (12/6 through 1/2) – asked how many furlough days were included in 2/m; Vince Castin, PPB: asked about emergency appropriation for legal fees and how much ACLU litigation has cost; Ben Dispoto, PPB: asked if Council has approached unions about giving days back – Beach employees get 14 holidays/national norm is 11 – would increase productivity without increasing costs.
Motion by Councilman Cervino, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by the following roll call vote.
CONSENT RESOLUTION 1:
a) Chapter 159 – 966 Grant
b) Establish Borough Holidays for 2011
c) Establish Bulk Pick-Up Dates for 2011
d) P O to Absolute Fire Protection for radio system installation ($2,909.80)
e) P O to Absolute Fire Protection for Fire Dept. equipment ($4861.76)
f) Payment to Pedroni Fuel for diesel fuel ($7837.24)
g) Payment to Brick Utilities for October bulk water usage ($83,898.01)
h) Approval of membership in PPB Fire Co #2
i) Payment to Alarm Distributors for multi-format alarm receivers ($5533.20)
j) Payment to Galvin Law Firm from BOA escrow accts ($1312.53)
k) HELD for separate consideration [P O/Payment to Winner Ford for police
interceptor ($26,500)]
l) Approval of Payroll #23 ($220,128.94)
m) Payment to Schulman, Weigmann from BOA escrow accts ($525)
n) Emergency Appropriation – Legal Fees
o) Payment to United Computer for annual software maintenance ($2975)
p) Authorization to transfer banking services to Ocean First Bank
q) Payment to Cole & Assoc from BOA escrow acct ($605)
r) Payment to Kevin Riordan for Borough Attorney services ($7906.28)
s) Authorization for T&M to proceed with 2010 Roadway Improvement Program per proposal dated
November 18, 2010
t) Transfer funds between 2010 budget accounts
u) Approval of computer generated vouchers ($1,248,176.38)
v) Payment to SHBP for employee health benefits ($95,527.71)
w) Water/sewer bill adjustments (6 accts)
x) Authorize increase in hours worked for tax clerk
y) Approval of St. Peter School ‘Adopt A Spot’ application for Loughran’s Point
z) P O to Major Police Supply for police upgrades to vehicle ($1407.77)
aa) Scheduled payment of district taxes to PPB BOE ($865,840)
bb) P O to Plainfield consultation for police recruit psychological exams (not $6500)
cc) P O to Brick Cardiovascular for police recruit exams (not > $5500)
dd) P O to Meridian Health for police recruit physical exams (not > $6000)
ee) Payment to Independent Overhead Door Co for repair to PPB Fire Co #2 bay door ($2062 thru
insurance)
ff) Payment to Fire & Safety Services for repair of fire truck ($34,395.39 thru insurance less
deductible)
gg) Support NSLOM resolution to “End State diversion of Municipal Revenues and demand
compliance with State laws”
CONSENT RESOLUTION 2:
a) Amusement Games License Renewals (22)
b) Progress Payment #3 to JAC Excavating for work completed on Lake of Lillies Dredge Project
($304,780)
c) Approval of Payroll #24 ($236,057.89)
d) Payment to T&M Assoc from BOA escrow accounts ($495)
e) P O to Absolute Fire Protection for preventative maintenance ($12,700)
f) Payment of 2010 dues to O C Mayors Assoc ($100)
g) Payment to Walmart for Computer Displays, GPS & mount kits ($1003.68)
h) Support for ‘Over the Limit, Under Arrest’ year-end statewide crackdown
i) Establish Reorganization Meeting Date on 1/1/11 at 1PM and establish 1st business meeting of the year on 1/4/11
j) Approve 13-foot curb cut at 318 Washington Avenue
k) Authorize changes to Administrative Code in regards to Fire Department regulations
l) Approve 30-day contract extension for JAC Contracting on Lake of Lillies dredge project
m) Authorize Borough Administrator to prepare and submit proposed furlough plan, for the year 2011, to the Civil Service Commission (CLOSED SESSION ITEM)
n) Approval of consent order in Dikun litigation (CLOSED SESSION ITEM)
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA


Consent Resolution 3 [Purchase Order and payment to Winner Ford for police interceptor ($26,500)] was considered. Chief O’Hara: explained that this is a 2010 demo that dealer has been using - getting it equipped with about 85% - 90% of the required equipment and saving $8,000 to $10,000 – scrimped and saved out of operating budget - fleet is aging and had to replace two transmissions and an engine block this year, at cost of about $11,000 with labor provided by in house mechanic.
Motion by Councilman Cervino, to approve purchase order for 2010 Ford Crown Victoria police interceptor through State Contract A72467, and payment to Winner Ford, Cherry Hill – NJ, in the amount of $26,500.00, was seconded by Councilman Rizzo and carried by the following roll call vote. Funds for this purpose are contained in the 2010 Municipal Budget, Sub-Account 0-01-216-239.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA

COMMITTEE REPORTS:

Councilmen Hennessy and Rizzo: No Report

Councilman Cervino: gave update on activities of Beautification Committee – contractor will be held accountable for repairs to damage at Harvard/Boston Avenue garden site - thanked Mary Steiner, Sandy Pasola, Dave Cavagnaro and Mike Corbally for their work on holiday decorations - will see these committee members out in the cold weather making town look wonderful - holiday lighting contest will be held on December 12th - attendance at meetings was discussed with need for policy - congratulated scarecrow contest winners; thanked the Pikes and St Peters for their efforts at Loughran’s Point; senior program at Masonic Lodge is being cut, due to budgetary woes, at end of December and those 31 people will have to go to Lavallette - many will not be able to get to alternate locations because they walk – 247 day/year service costs $45,000 to $60,000 to maintain - not very many things in this town for our seniors and this is now being lost (Mayor Barrella: have asked Freeholder Vicari to find someplace else to cut).

Councilman Dyer: Ocean Gate Policeman, Jason Marlis, lost his life due to drunk driver - his children go to Antrim school – asked all to keep his family in their thoughts and prayers.

Mayor Barrella: asked CFO Riehl to start putting together budget for 2011 and she’s been working on same - new parking box purchase is a step in right direction, need to protect that major source of revenue; went to League conference – Mayor Kelaher, of Toms River, has said he didn’t take the job to lay people off – Toms River has similar financial problems to us, as well as a lot of other towns - decisions made in Trenton impact us – Governor claims he’s giving us more control over our own destiny – giving us control over budget sheets 11 to 39, expense sheets – not giving us control over sheets 4 to 10, revenue sheets – that’s where we need control – giving us some help with tool kits, but as someone said down at League Conference, the State of New Jersey is not a fixer-upper but a tear down and start all over again – unfortunately a lot of people in Trenton are not willing to recognize that yet - will be meeting with our employees who will have full access to all of the financial data – they will hopefully be part of the solution as they know more about what we do around here than we do – we should certainly look everything over and ask questions, but our professionals are resources we should be tapping into.

Administrator Riehl: need authorization to go out to bid on parking boxes.
Motion by Councilman Dyer, to authorize putting parking boxes out to bid, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Cervino, Dyer….YEA
Administrator Riehl: Board of Education (BOE) is looking to produce another newsletter in mid January and would like to know if we are interested in pursuing joint effort with them, with cost of about $800 or $900 (Mayor Barrella: asked if BOE can put it off until mid February so next year’s Council can deal with this 2011 expense).

PUBLIC PARTICIPATION PERIOD OPENED AT 8:59 P.M.

Dave Cavagnaro, PPB: thanked Councilman Cervino, Administrator Riehl and Engineer Savacool for their help with garden at Niblick and Boston; thanked Councilman Cervino for his generous praise for the Beautification Committee; thanked Council for tabling Ordinance 2010-52 and asked that residents be given notice before it hits the agenda again.
Ben Dispoto, PPB: asked where current revenue figures were versus what was budgeted (parking down $130,000, court down $250,000 to $260,000 - hotel/motel tax up by about $100,000, due to start date of reduction – up about $100,000 in construction fees – down $460,000 to $500,000 in surplus - bottom line 2% increase for 2011 is $118,000 plus increase in pension costs and debt service - going to be well over the levy cap – major hit is uncollected taxes, as refunding for tax appeals goes into uncollected taxes, which is no longer a levy cap waiver) asked how much town was behind in pension payments (fully phased in).
Dave Cavagnaro, PPB: resident spoke about issue with water at last Council meeting – most of what the Council heard was untrue - criticism of the Administrator was unfounded, everything she did was 100% right.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:08 P.M.

Motion by Councilman Dyer to adjourn was seconded by Councilman Cervino and carried by consensus of those present.
The meeting was adjourned at 9:09 P.M.


Published February02, 2011 | Council Minutes | 1155


Municipal Forms Download for Android Download for Iphone
Download for Iphones
Download for Android


Add/Remove/Update Your Contact Information
SwiftReach Networks, Inc.

Municipal Forms

Power Outage

Hurricane Sandy Information