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January 25, 2011

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:30PM with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie and Dyer present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department head memos and correspondence were discussed, with several items moved to agenda for action.

Borough Engineer Raymond Savacool: nearing completion of Lake of the Lillies dredging – asked Council for guidance on lakeshore restoration.
Jeffrey Bottger, Lead Landscape Architect from T&M Associates: presented concepts for Council consideration – Lake of the Lillies shoreline is comparable to one restored at Franklin Lake in West Long Branch – there are grants available through the new Barnegat Bay initiative, would be an ideal project for funding – need shovel-ready projects/applications by July 1 with letter of intent by March 7 – ready to prepare plans and specs – believes only one general wetlands permit is needed (Councilman Lurie: attended Barnegat Bay initiative presentation and posed this project to them, but they said “no” – key for initiative is removal of nitrates; Engineer Savacool: will follow up – have a tie into Barnegat Bay – nitrate removal could possibly be tied in to goose control – will assess whether it’s worth the go-around, or whether we should just go it alone; Councilwoman Tooker: spoke with Barnegat Bay Partnership recently – they thought they had some money for us – questioned why we would ever do just lawn in areas) maintenance free, stabilizes shoreline and reduces sediment (Mayor Barrella: a significant area of the lake is privately owned – there are phragmites there – asked if that would pose a problem and cause their return elsewhere) it could – would be willing to meet with parties involved to come to consensus (Councilman Corbally: asked for stipulation that time and material cannot exceed $30,000) think so, but would leave that up to Mr. Savacool – price is all-inclusive – specs, meetings, permit application, the works (Councilman Dyer: before moving to the next step, need to present full price of project to property owners and homeowners association and let them know what percentage their cost would be – they would get an advantage in terms of their property values; Councilwoman Tooker: would be environmentally unsound to restore the municipal portion of the lake area while leaving the private lakeshore properties as is – Environmental Commission and Shade Tree Commission would weigh in) ran into same problem at Franklin Lake – applied to NJ Forestry Program and got some shade trees grants – might be the way to go here as well (Councilman Lurie: should have Borough Engineer provide a construction cost estimate) dependent on amount and type of plantings, etc. – will provide estimate long before it goes out to bid (Councilman Lurie: asked for a rough estimate now; Councilman Dyer: a range would be ok – obviously, Environmental Commission, Beautification Committee, Shade Tree and residents would have input; Councilman Lurie: asked if there is bond money left to pay for this; Engineer Savacool: can use this opportunity to broach the subject of decking, seating areas, etc.) Authorization to have T&M prepare a cost estimate was added to agenda.

Councilman Hennessy: been a lot of confusion and complaints about trash collection in the past 48 hours – took on the task of rewriting trash ordinance in fall 2009 – had numerous meetings with DPW Superintendent Trout, Administrator Riehl and some Council Members – some amendments were made – in spring 2010, it was tabled because some Council Members had concerns that things needed to be changed – nothing was done all summer – asked for the ordinance to be reintroduced as it was in the spring and, again, it was tabled – taken out of his hands and Councilman Lurie headed it up (Councilman Lurie disagreed – he wasn’t showing up to meetings) some changes were made and it was brought to a vote in November – Mr. Trout asked for 32-gallon trash cans instead of 45-gallon cans – thought that was unreasonable because 90% of the people in town already had 45-gallon cans – would like to amend the ordinance to read “trash cans not to exceed 45 gallons” instead of 32 – asked Mr. Trout for his input (DPW Superintendent Trout: acknowledged that Councilman Hennessy had asked for 45 gallon cans – 32 gallons has been on the books for a long time – from a service standpoint, 32 gallons is perfectly acceptable – appreciates the frustration of having the wrong size can – the difference results in the #1 DPW injury, which is back injuries – that was his only contention – have a lot more control of the weight of a 32 gallon can) asked if there is any way to change the gallons to 45 and keep the poundage at 60 (Mayor Barrella: appreciates the Councilman’s comments and everyone’s efforts – the genesis of this problem is that he received a phone call from Mr. Hennessy about garbage at Risden’s that was not in rigid containers – Risden’s owner agreed to put her garbage in pails as long as everyone else was required to do the same – this started the snowball rolling – issues are different around town – there are more seagulls at Ocean Avenue – Council came up with an ordinance which passed 4-1 – asked exactly what Councilman Hennessy wanted and if Councilman Lurie has an objection to it; Councilman Lurie: has no objection to the size of the can if weight can be adhered to; Mayor Barrella: suggested the ordinance specify bagged garbage in a 45-gallon can because he assumes DPW just pulls the bags out; Mr. Trout: thousands of dollars were spent on this and a lot of work went into it, on everybody’s part; Mayor: this was passed last year – Council’s focus was the issue of dumpster vs. no dumpster and the number of cans appropriate for a business to put out – doesn’t know that anyone on Council thought about the size of cans and other issues that this would raise; Mr. Trout: there were lots of discussion on this topic; Councilman Dyer: not in favor of 1,000 to 1,500 residents having to buy new garbage pails because we changed the ordinance – thinks Councilman Lurie’s suggestion of two 45-gallon cans and two 32-gallon cans is a good compromise – would support that if he wants to put in on a Consent Resolution; Administrator Riehl: pointed out that the ordinance wasn’t changed – it was 32 and still is 32 – the problem that has arisen is that, with the other changes that were made, we’re enforcing the ordinance – those who have been violating the ordinance have now been informed of such and don’t want to purchase new cans; Mayor: agreed – was asked about part-time residents who put garbage out on Sunday and go home, and what happens to the can – same issue as with snow removal – and how the snow gets removed – they have to make some arrangement; Councilman Corbally: doesn’t agree with the suggestion of two 32-gallon cans and two 45-gallon cans – it has to be simple – spent a lot of time and effort on this ordinance and should enforce it – not just dealing with people who have 45-gallon cans – dealing with people who don’t have cans at all and will have to buy them – in favor of keeping the ordinance as is, enforcing it, and giving it a one-year test to see what happens; Mayor Barrella: agreed that it needs to be kept simple – either make it 32 or 45; Councilman Hennessy: suggested that 4 cans, up to 45 gallons be added to the consent resolutions; Mayor Barrella: asked if it would help if the cans were lined and garbage was bagged within the cans – asked that the issue be put on a separate consent resolution; Councilwoman Tooker questioned poundage; Attorney Riordan: if can is clearly in excess of 60 lbs, it gets left and the fact that weight limit is in the ordinance precludes complaints; Councilwoman Tooker: would hate to see all of the 45-gallon cans in the landfill – defeats the purpose of saving money on garbage; Mayor Barrella: Code Enforcement Officer Petrillo: blanketed more than half the town with flyers and warning notices telling folks that they have to get 32-gallon barrels – it’s taken 2 full days – also put out statements to all business owners that they must have 32-gallon barrels, and they’re allowed four – also putting together a package for all rentals that say 32- gallons – that’s all going to be for naught, unless we start to educate the public – many people don’t get the “Ocean Star” and don’t go on our web site all the time (Mayor: might have to do a direct mailing based on property tax list and tie that in with our ordinance on snow removal; Mrs. Petrillo: it has to go out at least several times; Mayor Barrella: offered his apologies – if Council decides that 32 is a mistake, she is going to have to go back and repeat those two days.) Issue was added to consent resolution.

Mayor Barrella: sidewalk snow removal is a more serious issue – got a memo from Mrs. Petrillo informing us that we might have to go out to bid and hire an independent contractor (Mrs. Petrillo: the downside is that contractors don’t want the job because it takes too long to get paid by municipalities; Councilman Lurie: should tie-in people parking cars in the street) that’s a discussion we need to have (Administrator Riehl: asked Mayor to give Mr. Trout and Mrs. Petrillo some direction – if, in fact, it changes tonight, they will be getting calls from people who purchased the cans last year) the answer will be “Thank you for doing what you were supposed to do, but Council changed its mind.” – Council needs to take that into consideration if it authorizes this – should wait and listen to the public before Council makes a decision; asked what was on the closed session agenda.

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

A moment of silence was observed for Christopher Matlosz, a Lakewood Police Officer who was executed in the line of duty on January 14, 2011.

Motion by Councilman Dyer, to approve the minutes of the November 30, 2010 and December 21, 2010 Council Meetings, was seconded by Councilman Lurie and carried by the following roll call vote:
VOTE: Council Members Tooker (December 21 only) Hennessy, Rizzo, Lurie, Dyer….YEA
Council Members Tooker (November 30 only) and Corbally….ABSTAIN

Motion by Councilman Corbally, to approve the minutes of the January 1, 2011 and January 4, 2011 Council Meetings, was seconded by Councilman Lurie and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Councilwoman Tooker presented a proclamation to Citizens Right to Access Beaches (C.R.A.B.) honoring those volunteers for their tireless efforts to regain public beach access in coastal communities throughout the State of New Jersey.

COMMITTEE REPORTS:

Councilman Corbally: spoke about the 2011 municipal budget – all towns in New Jersey and across the country, including the Beach, are in crisis mode – fortunately, CFO Riehl has been working on our budget since November – negotiating team of Barrella, Hennessy, Lurie & Riehl have done a fantastic job with the unions – all three unions and employees have come up with ideas and concessions on how to cut – budget workshop scheduled for February 8th – cautiously optimistic that Council will have agreements and a draft budget ready by then; received about 20 emails and phone calls about resident parking program east of the railroad tracks – 90% were positive – would like to proceed and talk to department heads, attorney and engineer to come up with a real plan – if quality of life for our residents is declining, asked if Council shouldn’t attempt to limit the number of day trippers coming into town – asked for $2,500 for counsel and engineer expenses to move this ahead for next meeting.
Councilmen Hennessy and Rizzo felt the plan should be town-wide; Councilwoman Tooker: continue working on plan as town can't afford to police and clean up districts 3 and 4 anymore – should pursue all options; Councilman Lurie: before expending fees on engineering, Council should explore the legal ramifications on restricting street parking due to beach access issues; Councilman Dyer: believe this was looked into before and the attorney who researched it found it couldn’t be done – worth revisiting, however – limiting cars might affect parking revenues (envision it as revenue positive as cars would be moving into the pay lots earlier in the day) town will loose a lot of local visitors, as they will not pay to park here when they can go to another beach; Mayor Barrella: some might argue that that is not a bad thing for the Beach – if someone parks for free to go to the beach, town derives no revenue – there are more potential positives – there are legal ramifications, however – there was an uproar when he suggested permit parking between 9AM and 12PM – two biggest Boardwalk businesses brought a planner to that meeting who testified that the Beach should be creating more parking for them instead of taking parking away – admire your zeal, but may need to take a step back to come up with something that will withstand a legal challenge; Councilman Dyer: if you enact something on a town-wide basis might destroy the business base, especially the smaller businesses – if you destroy them, will destroy the tax base throughout town – it will eventually affect other things – when I had a choice, living in Freehold, and I had to pay to park here and could park free in Manasquan, would go to Manasquan – residents will be affected through higher taxes; Mayor Barrella: would like to see tourism industry make twice as much money, but would also like to see the town derive some revenue from tourism as well – maybe craft something not as ambitious, that will still drive people into our paid lots – this would have us in superior court within 24 hours with order to show cause – don't think it necessarily needs to be town-wide – think 24/7 is problematic; Councilman Hennessy: if it’s going to be only in districts 3 and 4, will create parking problems in districts 1 and 2.
Councilman Corbally: Mr. Gagnon has been suggesting that we look into windmills – Administrator Riehl reached out to Brick – met with Turbine Advantage and looking at potential windmill light either in Risden’s South lot or at Inlet; talked with Mr. Castin, and School Administrator Savage about quarterly newsletter – will have the potential for profit with advertisements; Councilwoman Tooker and he will meet with Vantage Auto so he can to be brought up to speed; Administrator has already started looking into reverse 911.

Councilwoman Tooker: Chamber is starting program with Antrim PTO – selling reusable bags at $3/each that will contain business coupons and flyers for a small fee to the businesses; Shade Tree has paver program going and a tree program which will include a tree, with gator bag, that will be delivered to your house and professionally planted; going to JIF seminar on Thursday night which not only gives information on limiting town’s liability but garners a discount of $250 off town’s insurance bill for each Governing Body member who attends; read Thank You letter to the Police Department from person stuck on train for hours during blizzard – upon arriving at train station at 1AM, car was snowed in – police drove them to motel and provided food the next day; read Thank You to police from St. Peter School for help with getting raffle car on and off the Boardwalk.

Councilman Hennessy: met with Borough Engineer about ball field project – thanked him, Mr. Paesano and Mr. Ciccalese for their input – Mr. Paesano presented proposal at Recreation Committee meeting; announced that he would not seek reelection in November – tough decision, but have two small sons who need their father around more.

Councilman Rizzo: spoke with several community members, as finance is not his forte – recommended that Ben Dispoto, Max Gagnon and Marilyn Burke be made part of the finance committee; asked about Lake of Lillies grant (received funds through EIT as low interest loan – was no grant available; Attorney Riordan: have third party complaint against the State; Mayor Barrella: Attorney Gertner negotiated with County who agreed to contribute up to $250,000 for lake restoration – Councilman Hennessy spoke to Freeholder Kelly and got another $50,000); under impression that dredge spoils were being taken to Jackson and weighed for a fee – followed trucks, that are only taking three scoops at a time, and they went to Farmingdale onto Birdsall property – they were dumping there and onto adjacent lots – maybe we could have taken it somewhere and gotten money for it (Birdsall not involved with Lake of the Lillies).
Engineer Savacool: fill coming out of Lake of the Lillies tested as clean fill and can go anywhere – being hauled to a private site in Howell Township on Birdsall Road – trucks drop third axle when they get on the highway – dumping fee is between contractor and dumpsite – generally more people trying to get rid of material than are taking material – Birdsall Engineering is not involved.

Councilman Lurie: went with Mayor to meeting on Barnegat Bay – DEP provided information about new legislation – have $10M in grants to give out to retrofit storm water basins – discussed dredging at Silver Lake and landscape plan at Lake of the Lillies – was told we couldn’t use it for that but could apply for money to purchase Public Works street sweeper and vacuum truck – asked that item to approve grant application be added to the agenda; seminar on financing at OCC with 1% interest loan available for projects such as Silver Lake dredge; spoke about connecting the north end of the Boardwalk to the Inlet lot – Max Gagnon and Anne Lightburn have talked to Congressman Chris Smith about getting project off the ground – spoke with Paul Kanitra, who offered his lobbying services free to the town – he contacted Chris Smith and found out that Army Corps of Engineers and Federal Open Space support project, but last year it was put in as an earmark project – President of the Congress, took funding away from earmark projects – Chris Smith will meet with the Army Corps in March to try to figure out how to remove this project from the Federal Government’s open space program and bring it back to ours.

Councilman Dyer: still working on Mantoloking school tax situation, which will solve a lot of our challenges – comparatively, on a $500,000 home, Mantoloking residents pay $26 in school taxes while Beach residents pay $2,600 – met Governor Christie’s Chief of Staff and will set up a meeting with him in near future – school commissioner was just named but not put in place and Ocean County superintendent position was one of those eliminated.

Mayor Barrella: don't think Ocean County position was eliminated, just Mr. Greenfield – real problem in schools is the Supreme Court’s Abbot decision – Governor should be more aggressive with amendment to overturn Abbot decision instead of 2% cap; received first PPB Taxpayer's Association, AKA Joe Bilotti, newsletter – little early in season, but directly in response to increase in hotel/motel tax – wonder where the funding for this stuff really comes from – claims he's selling his motel, so why does he care; if Councilman Corbally can pull together a parking plan, have until end of July to put to referendum and let the people make a choice; called Administrator Riehl at home on Sunday of the snow storm and she was working on the budget – everybody in the Beach needs to know the effort she is putting into this budget, concentrating on the least amount of disruption to the residents while remaining within the cap; had to be involved with budget in order to know what we need to ask for from our unions – Councilmen Lurie and Hennessy were at the first meetings with all three unions – proposals have gone out to unions, which if they accept, will close the budget gap – discussions have been very positive – believe they are willing to work with us, provided we as a Council are fair to them and work with them – they trust the Administrator’s numbers and they are being made aware of any changes – trying to balance budget, in the fairest way possible, within constraints given by Governor and legislature; with agreement from the appointees, appointed Councilmen Hennessy and Lurie as Board of Education liaisons, Council Members Dyer and Tooker as Chamber liaisons, Councilman Corbally and Hennessy as Recreation Committee liaisons, Councilmen Lurie and Rizzo as Beautification Committee and Safety Council liaisons, Council Members Lurie and Tooker as Shade Tree Committee liaisons, Council Members Tooker and Rizzo as AWC liaisons – Tourism Advisory Committee is looking to restructure and have business roundtable beforehand – appointed Councilman Corbally as liaison to the Citizens Financial Advisory Committee and appointed Bill Reilly, Mickey Diaz, John Hurler, George Loder, Aleta Weinstien, John Mullen, Max Gagnon, Seth Sloane, Glenn Paesano, Monica Walsh, Anne Lightburn, Brett Gordon and John Fernicola as committee members; appointed Councilman Dyer to replace Councilman Cervino on Open Space; appointed Council Members Tooker and Lurie to the Community Endowment Fund; going to arbitration cap seminar on February 2nd; taping "Eye on Ocean County" which will air on Channel 97, Monday at 8 PM and Wednesday at 8:30 PM; asked if Council had any objections to any of the appointments and no objections were made; one of the traditional Mayoral duties is to appoint professionals – most are non-descript, non-controversial and they get reappointed because they are doing a good job – others are more controversial, mainly, this year, the Borough Attorney – was asked early on by Councilman Corbally for his recommendation – first recommendation is Sean Gertner, who served in 2006, 2008 and 2009 – other Council Members would like to appoint Mr. Riordan, so I was asked to compromise and was offered John Jackson, who was Mr. Dyer’s campaign manager, has zero Borough Attorney experience, and who would be conflicted out of many areas, as he’s represented Jenkinsons, Martells and the Wharfside – Mr. Gelson’s firm was also on the list – Mr. McLaughlin, from his firm, represents Harborhead – second recommendation is Diana Anderson – another name on compromise list is Bill Hiering, both a gentle man and a gentleman, one of the nicest people you’d want to meet, and our former Borough Attorney for 22 years – expressed concern that he was appointed the same year as a former mayor started working for Ocean County Board of Freeholders – don't need another machine appointed attorney – in 2005, Councilmen Corbally and Lurie were part of the Council that fired Mr. Hiering and hired Kevin Starkey, who would be my third name, but no longer viable due to conflict as new attorney for the Boro – their gain is our loss – one person on this list who has prior experience and is a true compromise is Diana Anderson – has experience as a Borough Attorney and has done that job here, when an associate at the Hiering law firm – even a compromise for those who care about parties as she is a Republican and her firm is Democratic; terrible mistake to go back to the mid-90's when legal fees went from $69,000 to upwards of $150,000/$160,000 – Ms. Anderson has not contributed to anyone’s campaign – have opportunity to make a statement that we are better than quid pro quo.

Administrator Riehl: talked with Board of Education, which has town-wide notification for school purposes, and looking into other providers – been speaking with Mr. Savage about working together to save money – there are three different companies we can talk to, if it’s not feasible to work together; Board is offering some fun night classes, free of charge to adults from the Beach and Mantoloking; had a great meeting with representatives from ATS who put cameras on red lights – identified three to four locations for test period – will take about 9 months from start to finish.

Mayor Barrella: announced that the Chamber of Commerce would be having its installation dinner on February 5th at the Lobster Shanty – Chamber will be honoring St. Peter School as Organization of the Year, Cara Realty as Business of the Year, Bryn Devon as Volunteer of the Year, and Bob Wehner, Point Pleasant Hardware, with an award for service.

FIRST PUBLIC PARTICIPATION OPENED AT 8:46 PM

Councilwoman Tooker asked about moving Green Team items to consent resolutions.

FIRST PUBLIC PARTICIPATION ENDED AT 8:48 PM

Councilman Hennessy asked about appointment of seasonal court file clerk; Councilman Dyer asked about Channel Drive contract; there were no questions or comments from the public.
Motion by Councilman Lurie, to close public participation and approve items listed below, was seconded by Councilwoman Tooker and approved by the following roll call vote.
CONSENT RESOLUTION 1
a) Cancel unexpended balance of budget appropriation ($9000)
b) Transfers between 2010 budget accounts ($8230)
c) Approval of Payroll #1 ($309,876.93)
d) Scheduled payments to PPB Board of Education ($1,316,187.83)
e) Refund dewatering bonds ($1100)
f) Payment to Brick Utilities for December bulk water usage ($59,053.75)
g) Payment to Kathleen Miller for condemnation services ($1100)
h) Payments to the Galvin Law Firm from BOA accounts ($837.50)
i) Payments to T&M Associates from escrow accounts ($4276.61)
j) P O to Fire Store for fire truck nozzles ($3302)
k) Approve interlocal agreements with County Prosecutor for DWI Enforcement and Fatal Accident Support Team programs
l) Appointment of Seasonal Court File Clerk
m) Appointment of Maryann Ellsworth as Alternate Insurance Fund Commissioner
n) Waive water/sewer bill interest
o) Authorize Municipal Clerk to sign Fire Dept apps before placing on the agenda
p) Approve banner permit application for Ocean County Columbus Day Parade
q) Establish Budget Workshop meeting on February 8, 2011
r) Award contract to Earle Asphalt for Channel Drive road rehab ($384,213.13)
s) Appointments to Local Emergency Planning Council for 2011
t) Establish FEMA Review/Flood Plain Mgt Plan Committee and appoint members
u) Authorization to procure appraisal on Cooks Lane Well Property
v) Approval to enter into contract for video streaming of Council meetings through competitive contracting
w) Approve Banner Permit Applications for Chamber sidewalk sales
x) Progress Payment #5 to JAC Excavating for Lake of Lillies dredge ($122,850)
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally (Items a – e and i – x), Lurie (All but item g), Dyer….YEA
Council Members Corbally (Items f – h) and Lurie (Item g)….Abstain

Clerk Ellsworth added items to resolutions below; Cathy Sogorka, Point Pleasant Beach (PPB): asked for support of Green Team resolutions; Ben Dispoto, PPB: commented that payroll (Item 1/c) was about $50,000 over norm and asked if that fell into last year or this year (both – had to do with 30” of snow) asked about applying fees to vendors participating in Wine (Jazz) Fest and Seafood Fest to generate revenue to offset some of the expense events generate – asked if 2/b was a new event (no) – asked about criteria for special events; Vince Castin, PPB: asked how many private residents would have to be approached about Lake of Lillies lakeshore restoration (19) – should be a little more concerned about people paying to have improvements done on their properties.
Motion by Councilman Corbally, to close public participation and approve items listed below, was seconded by Councilman Lurie and approved by the following roll call vote.
RESOLUTION 2:
a) Payment to Kevin Riordan for services as Borough Attorney ($5,546.99)
b) Approval of Special Event application for Kidney & Urology Foundation Walk on 5/1/11
c) Approval of S/E application for Chamber of Commerce Festival of the Sea on 9/17/11
d) Approval of S/E application for Chamber of Commerce Jazz & Blues Festival on 5/21/11
e) Approval of S/E application for Chamber of Commerce Sidewalk Sales on 5/12-5/14/11 & 8/11-8/13/11
f) Approval of S/E application for Chamber of Commerce Boardwalk Info Table from Memorial to Labor Days
g) Approval of S/E application for National MS Society ‘Coast the Coast’ Bike Tour on 5/21/11 -5/22/11
h) Approval of S/E application for Point Pleasant Beach Little League Parade on 4/09/11
i) Approval of S/E application for Clean Ocean Action Spring (4/30/11) & Fall (10/22/11) Beach Sweeps
j) Reestablish Green Team Advisory Committee
k) Approve Sustainable Land Use Pledge
l) Appointment of Green Team Advisory Committee members
m) Authorize Borough Engineer to proceed with preparation of construction cost estimate for Lake of the Lillies lakeshore restoration
n) Authorization to apply for Barnegat Bay Grant
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Consent Resolution 3 (Authorization to draft change to sign ordinance) was considered.
Bruce Shapiro, N J Association of Realtors: met earlier with Council Members Tooker and Corbally – proposal would change real estate signs from 6 sq. ft. to 2 – beyond financial consideration of replacing current signs, there is a certain amount of information that state statute requires be printed on signs – supplied alternatives to consider before authorizing change.
Jack McHugh, RE Max realtor: appreciated today’s meeting – agree that things need to be tightened in ordinance – directional signs and more than one sign on properties that do not front more than one street – spoke about what must go on signs and need for an additional hanger when under contract – business has been battered last several years – although there is no good time for this, now is terrible – signs would have to be custom made, as not the industry standard – standard sign, which can be ordered from catalog, is 4 square feet with room for two riders for maximum of 6 square feet – proposal does not impact others who put signs on properties, pool companies, land companies, roofers.
Mayor Barrella: suggested working together to improve aesthetics with draft ordinance to be introduced in March – asked that N J Realtors support town in its efforts to get impact tax on short time rental properties so that our motels are not at a disadvantage – asked for letter of support letting Governor know that safety and cleanliness of town is essential to realtors’ ability to rent properties.
Councilman Dyer: proposal should pertain to all signs, including political campaign signs.
Mr. Shapiro: suggested stricter limits on Open House signs, having to come down by certain time, with fines for those not in compliance
Pete Renner, PPB resident and broker: 3 major ways to advertise real estate – internet, print and signs on properties – have a vibrant seasonal rental program here – signs on lawns are the most important for that – spoke about signs that provide texting information to receive a lot of pertinent information on the property – can't put this rider on 2 square feet signs – way you get market value is through demand – demand is getting people to look at properties – asked Council not to fix what isn’t broken.
Gerry Grassie , PPB resident and broker: should look at broader approach, at all signs – signs on businesses and signs on tripods on Arnold Avenue that people trip over – affecting real estate business in two county radius – should make sure current ordinance is enforced (A-frame signs are next) – don’t pick on one industry that’s had four tough years.
Bonnie Fitzgerald, realtor: attended meeting with both council members – asked to table, in order to work together – biggest investment and most stressful time is buying or selling a home – impossible to sell property without marketing – want to be able to offer our customers the best service – signs work, they always will – advertising already has state regulations.
Dave Cavagnaro, PPB: thanked Councilman Corbally for worrying about looks of the community – supports concept about limiting size of signs – asked if signs have gotten larger in the last few years – 40% of homes in town are second homes – on his block, there are homes that have signs on their property all year – as far as property values go, if you go into a neighborhood to buy a house and you see half the block is for rent, that would likely dissuade you.
Motion by Councilman Corbally, to close public participation, was seconded by Councilman Rizzo and carried by the following call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Councilman Corbally: sign issue was brought up last year – driving on Ocean Avenue through Mantoloking and Bay Head into Point Pleasant Beach, you see a marked difference – part of the difference is the size of the signs, as Bay Head and Mantoloking have the smaller signs – the other part is that there are 500 COs for rentals in the Beach – taking on the whole sign ordinance is too big a project to tackle all at once, this is a beginning – understand there's a hardship involved of $30 per sign to purchase smaller signs – my concern is for curb appeal and the residents of the Beach – if Bay Head, Mantoloking and Brielle had problems, they would have gone back to the larger signs – in the Beach, if you go down any street east of the tracks, you’ll see 6 to 8 signs – Summer Rental signs become Winter Rental signs, staying up year-round – people looking to buy or rent a house will see a 2-foot sign just as much as a 6-foot sign.
Councilwoman Tooker: main things to focus on are the number of signs, setback and fines – size is not really tackling the problem, which is much larger – pool signs are up longer than 6 months – realtors are offering help, should work with them.
Mayor Barrella: what Councilman Corbally is trying to do makes a lot of sense and has merit – seems best way to move matter along is to authorize ordinance draft, not necessarily the one that Councilman Corbally presented – would pressure everyone to work together.
Motion by Councilman Corbally, to authorize Clerk Ellsworth to draft sign ordinance amendment, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Corbally and Mayor Barrella….YEA
Council Members Tooker, Lurie, Dyer….NAY
Mayor Barrella: voting “yes” gives us the ability to talk about it – should start this ball rolling – however, should not assume that I will support a narrow ordinance – would like to see something more comprehensive.

Consent Resolution 4 (Request through Aquatecture to vacate paper street) was considered and died for lack of motion to support.

Consent Resolution 5 (Authorization to amend trash ordinance to reflect use of up to 45-gallon cans with same weight limit) was considered.
Max Gagnon, PPB: have heard from responsible person who is in charge of this for the town – for you to ignore his recommendation is foolish – should maintain what you have – problem was created when you instituted furlough days in town – all of them were Monday refuse collection days in District 3 and 4 – after snowstorm, seagulls were having a feast because no collection on Monday and trash was put out on Sunday night – DPW should not be having furlough days on garbage collection days – should split your crew (garbage collection every day – have to furlough whole department – that’s why you can't furlough the police).
Steve Ardito, PPB: asked if can size would also affect recycling can size (yes) – code officer spent two days of her time giving notices – put out my big trash can this morning and it was not picked up, now I know why – need to find a better way to notify residents (Borough Administrator explained notification process – spent $2,000 on notifications).
Mike Ramos, PPB: confused – living in new home for 8 months now – put trash out and 32-gallon can, which was stuffed to the brim, was picked up and larger can, with one bag, was not picked up – claimed DPW is not lifting the entire can, but taking out bags – asked how to dispose of 45-gallon cans.
Dave Cavagnaro, PPB: oppose changing ordinance – first introduced as 2010-05 with all voting “yes,” but tabled on second reading – came back as 2010-42 and was tabled – then introduced as 2010-50, with 3 voting “yes” on first reading and 2 voting “no” – on second reading, was adopted with four voting “yes” – took almost a year and sent message to town and employees which direction to move in - to reverse course now makes you look foolish and continues to confuse employees next time they have to enforce something – ordinance has been 32-gallon cans – if you move into town and don't want to check, that’s your prerogative – but if you do it wrong, doesn’t mean the law should be changed for everybody – following that logic, would you increase the speed limit on Arnold Avenue because people, who were getting speeding tickets there, asked you to do so – when DPW employees are telling you that lifting larger pails is going to hurt the employees, you should respect their opinions – see them lifting overflowing cans all the time – dirty, disgusting job and our men do it with great service to the community and very few complaints – if you push this up to 45, you’re rewarding people for breaking law and sending a bad message to all your employees that when you make a decision and they try to enforce it, it’s probably going to be a waste of their time, as you’re probably going to change your minds.
John Fernicola: have both residential and commercial – as business, only getting four cans, so 45-gallon cans are better than 32 – four cans for both residences and business, regardless of the size of the business – small smoke shop and 57,000-sq.-ft. business both get four cans – no consideration is being given for the type of waste – ordinance is arbitrary and inequitable – asked about resident managers of hotels – no provision for them, not addressed in this ordinance.
Kristin Hennessy, PPB: enforcement of this ordinance just went into effect yesterday and created mayhem – all boils down to communication, which was poor at best – if you’re going to make drastic changes, have a duty to adequately notice residents – not everyone reads the “Ocean Star” – notices should have been sent to all residents and businesses – asked if Council put any thought into truck that picks up cans with arms – that would ameliorate budget woes (cars parked on the street would be in the way of those trucks) – talked about linking change of parking to change in collection system.
Mayor Barrella: asked when tax bills were being mailed – asked what penalty was given for wrong size pails and bags (warnings were given) and how long it would be before fines were issued – educating public via pick-up and warnings, may be inconvenient but its effective – if the Council wishes to appropriate funds for a mass mailing, that can be done.
Councilwoman Tooker: spoke about the newsletter, which was stopped due to budgetary constraints, being a great resource.
Glenn Paesano, PPB: notification to all, via flyer, would have been less than the $2,000 spent on advertising – if weight limit is 60 lbs, shouldn’t make a difference whether the cans are 32 or 45 gallons – think its wasteful and burdensome to make residents change their cans.
John Morrongiello, PPB: complained that Boardwalk businesses have 55-gallon cans that are picked-up at street ends by one-armed trucks so town has the means to do so (those business contract with a private hauler) 45-gallon cans have attached lids – 32-gallon can's lids kept getting lost – snow removal on sidewalks bigger problem than size of cans.
John Dixon, PPB: spoke in favor of larger garbage cans, especially for larger families – usually put two bags in each container – DPW workers lift out the bags – bigger, sturdier cans don't get pushed around by the wind as much – ordinance has not been enforced in years – don't mind receiving a warning, but should have picked up the garbage.
Frank Carey, PPB: asked Council, if it made the change to 45-gallon cans, how the residents would be notified – after receiving warnings, many people with 45's purchased 32-gallon cans.
Vince Castin, PPB: should have taken the garbage away and then notified the residents – there are a lot of seasonal people who put their garbage out Sunday for Monday pick-up, then go home – they put it out in bags and if not collected, it winds up all over the street.
Motion by Councilman Corbally, to close public participation, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Councilman Hennessy: thanked all for their input – unreasonable to ask residents to purchase new cans.
Councilman Corbally: unfortunately, the only way people will stop putting out bags, is to enforce ordinance and not pick them up – change is never easy – should work on bringing back newsletter and reverse 911 for notifications – worked 9 months on this ordinance – only way to fix Ocean Avenue problem is to put numbers on cans and no bags – if DPW superintendent thinks 45-gallon cans will hurt our guys, then support staying with 32.
Councilman Lurie: didn’t realize so many residents would have to purchase new cans – agreed with Councilman Hennessy.
Councilman Dyer: agreed with Councilmen Hennessy and Lurie – do not believe in ordinances that we can't or don't enforce – if weight limit is kept at 60 lbs, 45-gallon cans should be fine.
Councilwoman Tooker: agreed with Mr. Cavagnaro – people will get the hang of it – really need to get Ocean Avenue cleaned up – concerned about where the non-useable cans will go – commercial pick-up needs to be addressed – employees need clear direction without constantly changing our minds.
Councilman Rizzo: agreed that construction materials in cans should be left, but if there are only plastic bags, should be picked-up.
Mayor Barrella: should not ignore the ordinance – do it properly with a moratorium on enforcement and changing the ordinance.
Motion by Councilman Hennessy, to authorize moratorium on enforcement of ordinance in regards to 45-gallon cans and amendment of ordinance to reflect use of up to 45-gallon cans, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Lurie, Dyer….YEA
Council Members Tooker, Corbally….NAY

PUBLIC PARTICIPATION PERIOD OPENED AT 10:20PM.

Mrs. Zarantonello, PPB: resolution was passed to waive interest on her water bill, however it was the consumption that she was disputing – provided consumption figures for prior years (meter had not been working correctly for quite some time before new meter was installed).
Dave Cavagnaro, PPB: thanked Administrator Riehl and Lynne Zupko for working with electric company on fixing lights that are out on Parkway, between Baltimore and Ocean Avenues; asked if there had been any investigation into the town declaring a state of emergency – suggested emergency radio station be updated more often; December snowstorm saw damage, caused by County plows, on many county roads – curbs were ripped out and lawns – garden spot was damaged (Mayor Barrella: asked Administrator to contact County Clerk) they should be held responsible (school fencing is also damaged); people are putting out refuse on Friday for Monday pickup – asked that they be given summons.
Kristin Hennessy, PPB: almost one month after December blizzard and still many sidewalks have not been shoveled (code office has asked Council for better direction – suggested changing time from 12 to 48 hours) agree that there has to be warning given (Administrator Riehl: sending out postcards for notification, but need to know if Council wants 12 or 48 hours; Chief O’Hara: current ordinance reads 12 daylight hours – changing to 48 hours is an easier way to define it).
Motion by Councilwoman Tooker, to stay enforcement of current ordinance and authorize ordinance change from 12 daylight hours to 48 hours, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Kristin Hennessy: had copy of letter from Dr. Greenfield stating that, in July 2009, Mayors and Council Members from both towns were at the meeting where decision was made on Mantoloking consolidation (Mayor was not there); asked, since there is no greater issue facing the town than finances, who was on the finance committee (Corbally, Rizzo and Tooker) – asked about how many meetings there were and if there were minutes available – asked how many meetings Councilwoman Tooker had made (Councilwoman explained) asked Mayor about sitting in her place – asked about opening finance committee meetings to public (Attorney Riordan: can't open to public).
John Morrongiello, PPB: spoke about Toronto program which pairs school students up with senior residents for shoveling snow (Councilwoman Tooker: took information – PPB High School Interact club has some seniors on their lists).
Ben Dispoto, PPB: beyond comprehension that County is not going to do anything about Arnold and Bay Avenue snow piles – we pay them taxes and they are really falling down on the job – detrimental to public safety.
Anne Lightburn, PPB: using internet would help to alert people of issues – if going to 45-gallon cans, should be aware that people have gone out and bought 32-gallons cans when they received warnings; Shade Tree Commission has put together a tree program – 8-12-foot-tall trees will be professionally planted at residents’ sites for $300, including gator bag – perfect way to replace street trees that are being cut down – Bay Head and Mantoloking are well landscaped, well treed towns, but not a tree in sight on Ocean Avenue.
Steve Ardito, PPB: sidewalk snow issue and enforcement is important – have no busing in town and many students walk – cannot walk on sidewalks, are going out into streets – would like to see ordinance put importance on addressing streets with immediate egress to school – fine them, have public works do it and charge them.
John Fernicola, PPB: suggested town makes use of Chamber’s electronic sign and mailing lists for emergency service notifications; snow ordinance must have exceptions – County front end loader piled 7 feet of snow on his corner; asked what he should do with his commercial trash – ordinance doesn't address it – should draft ordinance that categorizes businesses – if you’re going to treat 57,000-sq.-ft. business the same as little store, just take the commercial process away.

Motion by Councilman Corbally, to extend the meeting another 30 minutes, was seconded by Councilman Lurie, and carried by consensus of those present.

Craig Jones, PPB: thanked Council for moving forward with Lake of Lillies shoreline restoration.

Motion by Councilman Lurie, to close public participation period, was seconded by Councilman Corbally and carried by consensus of those present.

PUBLIC PARTICIPATION PERIOD ENDED AT 10:58 PM.

Ordinance 2011-01 (Increase Hotel/Motel Tax) and Ordinance 2011-02 (Department of Fire & Safety) were considered on second reading. The public hearing was held with no member of the public wishing to be heard.
Motion by Councilman Corbally, to close the public hearing and adopt Ordinance 2011-01, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie and Mayor Barrella….YEA
Council Members Hennessy, Rizzo, Dyer….NAY
Motion by Councilman Corbally, to adopt Ordinance 2011-02, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Motion by Councilwoman Tooker, to enter closed session to discuss to two contract (Wickberg and Wells Fargo), personnel contracts and personnel matters, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA
Councilman Corbally….NAY

Closed session began at 11:02 PM and ended at 11:16 PM.

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

Clerk Ellsworth added the following items to be considered; Dave Cavagnaro: asked about Wells Fargo settlement.
Motion by Councilman Lurie, to close public participation and approve items listed below, was seconded by Councilman Corbally and carried by the following roll call vote.
CONSENT RESOLUTION 6:
a) Authorization for the Borough Attorney to enter into a settlement agreement with Wells Fargo (CLOSED SESSION ITEM)
b) Authorization for the Borough Attorney to enter into a settlement agreement with Wickberg (CLOSED SESSION ITEM)
c) Authorization for the Borough Administrator to issue 45-day furlough notice to Borough employees (CLOSED SESSION ITEM)
d) Authorization for the Borough Engineer to apply for Energy Efficiency and Conservation Block Grant
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Motion by Councilwoman Tooker, to make appointments to Beautification and Animal Welfare Committees, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Mayor Barrella: only received one timely RFP for Court Magistrate – RFP says salary set by Borough. Discussion ensued about furloughs and Magistrate taking a salary cut – Councilman Hennessy volunteered to negotiate with Judge.
Motion by Councilman Lurie, to appoint James Liguori as Municipal Court Magistrate, subject to agreement on salary, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Motion by Councilman Dyer, to appoint Steven A. Zabarsky (Citta, Holzapfel & Zabarsky) as Municipal Prosecutor and Colleen Dolcy, Paul Granick, Christian E. Schlegel and Scott Kineavy (Citta, Holzapfel & Zabarsky) as Alternate Prosecutors, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Motion by Councilman Hennessy, to appoint Bonnie Peterson as Conflict Prosecutor, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Motion by Councilman Dyer, to appoint Bianca Sangiovanni as Public Defender, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Discussion ensued on lack of RFP for position of Conflict Public Defender, whether to appoint the attorney who submitted the other RFP for public defender or whether to re-issue RFP for that position.

Motion by Councilman Dyer, to appoint Ray Savacool (T& M Engineering Associates) as Borough Engineer, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Clerk Ellsworth clarified that all appointments were being made at last year’s rates with no fee increases.

Motion by Council Dyer, to appoint CME Associates, Remington and Vernick, O’Donnell Stanton and Hatch Mott McDonald as special projects engineers, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Motion by Councilman Lurie, to appoint Birdsall Engineering as special projects engineer, died for lack of second.

Mayor Barrella suggested three individuals for Borough Attorney: Sean Gertner, Kevin Starkey, who is no longer a viable candidate as he was appointed Borough Attorney in Point Pleasant, and Diana Anderson.
Motion by Councilman Hennessy, to appoint the firm of Hiering, Gannon and McKenna as Borough Attorney with the stipulation that they receive $105/hour for council meetings, was seconded by Councilman Corbally and carried by the following roll call vote.
VOTE: Council Members Hennessy, Rizzo, Corbally, Dyer….YEA
Councilwoman Tooker….Abstain
Councilman Lurie….NAY

Motion by Councilman Dyer, to appoint Sean Gertner, Eric Bernstein, John Jackson and Kevin Riordan as special projects attorneys, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Council members thanked Attorney Riordan for his service.

Motion by Councilman Lurie to adjourn the meeting was seconded by Councilman Corbally and carried by consensus of those present.
The meeting was adjourned at 11:46 PM.


Published February16, 2011 | Council Minutes | 1162


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