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February 15, 2011


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36PM 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.

Motion by Councilman Hennessy, to enter closed session to discuss police personnel, personnel as it regards furloughs, contract negotiations with the three unions, litigation (ACLU), contract (interlocal services with Point Pleasant), and possible attorney/client privilege matters, was seconded by Councilman Rizzo and carried by roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Closed session began at 6:39 PM and ended at 7:56PM.

Mayor Barrella called the regular meeting to order at 8PM. 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 reflection was observed for the life and service of resident Bill Knapp, who passed away at the age of 64.

Motion by Councilwoman Tooker, to approve the minutes of the January 25, 2011 Council Meeting, was seconded by Councilman Corbally and carried by roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Councilman Corbally asked that Ordinance 2011-04 (Removal of Snow and Ice) be held since all it’s doing is changing to 48 hours and there is still no means to enforce it and notify the public of enforcement – if this goes into effect in mid-March, will be in the same boat that we’re in now, not being able to enforce the ordinance we’ve passed – need more time to plan on how we’re going to deal with the snow on public and private properties.
Motion by Councilman Corbally to table Ordinance 2011-04 was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Mayor Barrella asked that proposed ordinances, listed on the Addenda, be held, so Council has more time to review (No objection).
Councilman Dyer: would like agendas done in advance, so there is time to review before Council Meeting – tonight there was an agenda, a revised agenda, and an addenda (Mayor: a lot of what is on addenda was on the agenda as caucus items – Council spends half hour talking about these caucus items, it goes to Consent Resolutions and Council talks more about it – also, there are proposed ordinances from Councilman Corbally and Councilman Corbally instructed Clerk Ellsworth to put on ordinance 2011-06, as was discussed at last meeting).

PUBLIC PARTICIPATION (Non-Agenda & First Reading Ordinances) OPENED AT 8:09PM.

Ray Williams, former PPB resident: involved with local McDonald’s since 1977 – part of his job is to get permission to alter and build restaurants around the state – thanked Council for running one of the best Building Departments he’s dealt with – folks here are very professional – residents are treated nicely and with respect – unlike other departments, people here respond immediately – they’ll fax a list of what to do in order to get approval – now, McDonald’s is closed for 4 days – in most other towns, it would be two weeks – some towns combine services with others and people have to wait – if you’re not the lead town, it’s not good – residents with permits are voters too – doing the right thing – please keep it up.
Bruce Shapiro, American Association of Realtors: spoke about Ordinance 2011-06 – thanked Councilman Corbally – came up with a compromise to reduce size of certain signs and the number of signs around town – supports the ordinance and looks forward to working with town once implemented.
Dave Cavagnaro, PPB: on behalf of Bill Knapp’s family, thanked Mayor Barrella and Council Members Tooker, Hennessy and Rizzo for attending his wake – also thanked Mayor Barrella for the moment of silence observed tonight; thanked Councilman Corbally for ordinance on real estate signs – it’s a quality of life issue – asked if there wasn’t a vote at last Council Meeting to approve drafting the ordinance; asked who spoke to DPW about ordinance changing the size of recycling containers – a 45-gallon can is backbreaking – unfair to pass ordinance without DPW’s recommendations – favors Version 1; asked about new protocol of eliminating caucus, where items are discussed in detail (Mayor: can ask questions during Consent Resolutions – discussed with Councilman Corbally, Administrator Riehl and Clerk Ellsworth this afternoon and decided to see if this works more efficiently) public showed up at 6:30 expecting caucus and Council went behind closed doors – since agenda says meeting starts at 7:30, asked that Council do so and continue closed session at the end (question about police layoffs should not be discussed in the middle of the night) understands, but Mayor controls agendas – suggested, if there is a heavy agenda, start meeting early or let the public know in advance that the meeting will probably be a little late – appreciates that Council is doing critically important things behind closed doors but this happens on a regular basis.
Ben Dispoto, PPB: one version of ordinance 2011-02 includes recycling and one doesn’t – people should be able to use 45-gallon cans since the 60-lb. limit is in place – neither version addresses plastic bags – seagulls and raccoons are still getting at them (purpose is to increase maximum size of the pail) people are not aware that bags can’t be put out unless in cans (Councilwoman Tooker: it’s in the current ordinance – was addressed at last meeting – DPW is not picking them up and word has been put out to the public) word has to get out better (once furlough dates have been solidified, will send out a mass mailing to residents and taxpayers, which will include information about changes in the trash ordinance) asked that there be specific instructions included that bags must be placed in a container with a lid.
Max Gagnon, PPB: was hoping to see Attorney Hiering because he was involved in the agreement that Council made with Boardwalk businesses (Jenkinson’s, Martell’s, and what used to be Major’s) in 1995, so they would pay for police officers in summer – doesn’t think borough ever collected on this – talking about a lot of money – always seem to be in a financial bind – maybe it’s because we don’t collect our bills – in 15 years, a lot of dollars could have been used to offset the half million that had to be given back on a tax appeal (Attorney Gannon: some of the substance of this agreement may have been superseded by subsequent ABC license conditions or that type of thing).
Elaine Hennessy, PPB: agrees with Mr. Dispoto – Ocean Avenue is deplorable – Council should be ashamed that this is what visitors see when they come to town – garbage has been there for a week and a half – asked what kind of plan Council has to correct the problem (Mayor: concept of garbage going into cans was precipitated by her complaints about Risden’s putting bags out, which then mushroomed into everybody has to have their garbage in cans to be fair – so, if the garbage is not in cans, it’s not getting picked up) asked how people are being informed (they have been informed both by newspaper and…) not everyone reads the paper or uses the computer (Administrator Riehl: a notice was issued with every mercantile license this year) town should have been warned – maybe a letter to every resident and property owner before this went into effect – asked Council to go down Ocean Avenue and look at the 20 piles of garbage (Mayor: asked who on Council voted for the ordinance – people were informed within reason; Councilman Dyer: maybe, after a week/week and a half, we need to start doubling violations if people are ignoring them; Councilman Corbally: part of the problem on Ocean Avenue is the rows – have to agree to take the Pullman down the row to pick up garbage in front of individual bungalows – and real estate agencies should call and inform the landlords – won’t happen overnight – there are no fines for bags in the street because we can’t identify which house they belong to, like in other districts – speaking with Code Enforcement and Administrator on a daily basis and doing the best we can – will continue to notify owners and tenants – change isn’t easy) meantime, we live in a garbage pit – asked how Council is informing people who don’t live here year-round, don’t get the “Ocean Star” or don’t use a computer.
John Szafranski, PPB: owners are being informed – there is a big pile on Vetrini Lane – he knows who’s putting it there, but the town isn’t doing anything about it (Mr. Szafranski was asked to provide that information) there is a number on the can that has garbage overflowing out of it (might be a warning going to them already) agrees that Ocean Avenue is terrible – asked what can be done about cans and lids that blow away – complained that DPW leaves cans in the street instead of putting them on the curb.
Kristin Hennessy, PPB: folks at the Masonic lodge put out 15-20 very large black garbage bags that sat there for nearly 2 weeks – echoed concerns that better notification is needed – agreed that it takes time, but enforcement and notification are the issue; asked if ordinance 2011-04 is being tabled or taken off the table (vote was to table it – Council will try to figure out the notification issues, reverse 911, etc. – to notify people who don’t live here in winter of their obligations to shovel their sidewalks and to plan how the Borough will get sidewalks done efficiently and expeditiously) the way it was left at last meeting was that Administrator Riehl would send postcards to every homeowner as a friendly reminder that, regardless of what happens with 2011-04, it is their responsibility to clear snow and ice from their sidewalks within a certain period of time – we’ve had snow into April – need to do something before a tragedy occurs – asked that this be part of the notification that goes out with the furlough days.
Vince Castin, PPB: asked how it helps anything when garbage bags are left out for days and animals get at them and garbage is strewn all over – should pick up the garbage and then deal with the people (Mayor: Code Enforcement Officer Petrillo is going around town, making notes and taking addresses and maybe even taking pictures – she’ll provide DPW Superintendent Trout with a list of those areas she’s recorded – at that point, garbage will be picked up and owners notified) asked how it can be left out there in the meantime (Mayor: if we take the garbage away, there will be arguments that we’re not enforcing the ordinance; Councilman Hennessy: the problem is notification – he would send a mailer to every home; Administrator Riehl: by the time that mailer would have gone out, the ordinance changed again – asked if that would not require yet another mailer; Councilman Hennessy: Administrator did say she was going to send out the notices after second reading – maybe the people that called to find out why their garbage wasn’t picked up should have been told to put it in cans and, if not, start issuing summonses – people might be leaving it out deliberately).
Mr. Paesano, PPB: asked if blurb could be put on water bill or tax statements (water bills are postcards – tax statements go out only once a year) if water bills could be changed just for the next couple of bills, would be hard for property owners to say they didn’t see it (next water bill won’t go out until end of June, so that’s not going to help – have to hold landlords/realtors accountable).
Ann D'Agostino, PPB: here about Lake of the Lillies – surprised about garbage ordinance – tries to read “Ocean Star” but missed this – not here on Mondays, but can ask someone to take her can in – unfair for part-timers – last week, she had someone else’s garbage at her curb – hopes she won’t get a summons.
Motion by Councilwoman Tooker to close public participation was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

PUBLIC PARTICIPATION (Non-Agenda & First Reading Ordinances) ENDED AT 8:47PM.

Ordinance 2011-03 (Refuse Container Size) was considered and died for lack of motion.

Ordinance 2011-03 (Refuse/Recycling Container Size) was introduced on first reading. Motion by Councilman Hennessy, to approve Ordinance 2011-03 on first reading, was seconded by Councilman Lurie and carried by the following roll call vote. Public Hearing will be held on March 8, 2011.
VOTE: Council Members Hennessy, Rizzo, Lurie, Dyer….YEA
Council Members Tooker, Corbally….NAY

Ordinance 2011-05 (Parking Boxes – Channel Drive, Ocean Avenue and certain Boardwalk street ends) was introduced on first reading.
Councilman Dyer: asked about adding Arnold Avenue lot adjacent to Post Office. Discussion ensued about rates (use same as Railroad Lot), ability of firemen to park free (firemen have reserved spots) and effective dates for charging fees (June-October). Mayor Barrella: suggested introducing current ordinance with another ordinance, addressing this specific lot, at next meeting.
Motion by Councilman Dyer to approve Ordinance 2011-05, as amended with addition of Little League Lot as stipulated above, was seconded by Councilman Hennessy and carried by the following roll call vote. Public Hearing will be held on March 8, 2011.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Upon motion by Councilman Lurie, consensus of Council was to hold introduction of Real Estate Sign Ordinance until next meeting. Councilman Lurie asked to amend contractor/landscaper firm signs and will sit with Clerk Ellsworth to work out details for ordinance amendment.

Clerk Ellsworth was authorized to re-advertise RFP for Conflict Public Defender. Mayor Barrella asked that appointment of Ocean County JIF Attorney be held until next meeting.

Councilman Dyer: asked about items 3/d, 2/i and 2/j below; Mayor Barrella: spoke with Board of Adjustment Clerk Mills and asked that item 3/e be held until getting Counsel’s opinion on moving Republican Party chair to full-time slot.
Motion by Councilman Dyer, to appoint Jay Reynolds to full-time Board of Adjustment position (vacated by William Leonard) was seconded by Councilman Lurie and carried by roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Councilman Lurie asked that item 2/o be removed for separate consideration; Ben Dispoto, PPB: asked what period of time item 1/p covers and the yearly costs – asked about certification of recycling taxes – asked what a social affairs permit is – asked if town makes any revenue from same.
Motion by Councilman Corbally, to close public participation, was seconded by Councilwoman Tooker and carried by roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by the following roll call vote:
a) Proclaim March as Youth Art Month
b) Payment of 1st quarter installment to OCUA ($414,319.80)
c) Payment to State Health Benefits Plan for February ($102,251.34)
d) Payment of 1st quarter tax levy to County of Ocean ($1,987,573.66)
e) Refund road opening bond ($1000)
f) Approval of Payroll #2 ($246,678.07) and Payroll #3 ($233,729.75)
g) Approval of Project Graduation town-wide garage sale on 6/4/11 and 10/01/11
h) Appointment of Mr. Wasas to Environmental Commission
i) Payments to T&M Associates from escrow accounts ($2199.25)
j) Payments to the Galvin Law Firm from Planning Board accts ($1166.20)
k) Payment to Schulman, Weigmann from BOA escrow ($225)
l) Payment to County of Ocean for added/omitted assessments ($20,744.36)
m) Payment to M. Wozczak for water service replacement ($4200)
n) Payments to employees for health insurance opt-outs ($16,229.88)
o) Approval of membership in Ocean Fire Company #1 – Scott Potter
p) Payment to Ocean County Landfill for tipping fees ($50,000)
q) Payments to Absolute Fire Protection for preventive maintenance and generator ($17,561.76)
r) Payment to Edmunds for annual finance software maintenance and WIPP fees ($10,229)
s) Payment to United Computer for 4th quarter computer support ($2700)
t) Payment to Motorola for portable radios from 966 Grant ($3309.20)
u) Payments to Dell for police computers ($3454.90)
v) Payment to Sungard for annual police software maintenance ($20,930)
w) Scheduled payments to PPB Board of Education ($1,731,680)
x) Payments to Pedroni Fuel for diesel fuel and gasoline ($37,649.49)
y) Payment to OC Joint Insurance Fund of first installment ($210,050.98)
a) Approval of Police Department records disposal request
b) Authorization for Mayor to execute contract with Supplee, Clooney for audit services
c) Payments to International Salt for deicing salt ($12,319.33)
d) College reimbursement to police officers as per PBA contract ($6765)
e) Transfer funds between 2010 budget accounts
f) Emergency Appropriation to 2011 Temporary Budget
g) Certify recycling taxes paid to Ocean County Landfill in 2010
h) Authorize tonnage grant application
i) Payment to James Mauro for snow plowing services ($4375)
j) Payment to Glenn Johnson for fire hydrant snow removal ($3800)
k) Payment to Brick MUA for January bulk water usage ($49,442.38)
l) Approval of computer generated vouchers ($1,739,409.39)
m) Approval of contract with Muskrat Jack for animal control/animal cruelty investigative services
n) Appointment of seasonal Class I Special Police Officers (13)
o) REMOVED for separate consideration (Approval of ABC Social Affairs Permit for Chamber Wine
Garden on 9/17/11)
p) Approval of ABC Social Affairs Permit for Chamber Jazz Fest on 5/21 & 5/22)
q) Water/Sewer bill adjustments (6 accts)
r) Authorization for Mayor to execute temporary construction easement with Elizabeth Blodgett
a) Approval of curb cut request – 201 New York Avenue
b) Approval of Chamber of Commerce S/E application for Classic Car Cruises
c) Approval of Chamber of Commerce S/E application for Tree Lighting and Santa Arrival on
d) Appt of Diana Anderson as Special Projects Attorney
f) Accept DOT Grant for roadway improvements to Woodland and Walnut ($175,000)
g) Authorize a change in the recycling schedule for District 3 from Fridays to Wednesdays (CLOSED Session Item)
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Consent Resolution 4 (Authorization for the Borough Administrator to draw up and file a layoff plan, pertaining to police services, with the Civil Service Commission – CLOSED Session Item) was considered.
Councilman Corbally: explained why this is necessary – things are going well – authorized Administrator, last month, to file furlough plan with Civil Service and put in more than we thought we would need – asking for layoff plan to be submitted – as of last night, budget was short $800,000 with $400,000 to come from taxpayers – $200,000 from non-uniform employees and $200,000 from uniform employees – not there yet – can’t delay submitting plan, although hoping to work out before next Council Meeting – as Finance Chair, looking out for best interest of taxpayers.
Councilwoman Tooker: this is premature – in the middle of negotiating – according to Mayor and Administrator, have been good faith negotiations on both sides – Council just heard PBA proposal for the first time tonight – there is plenty of room to go back and forth – this drastic step doesn’t need to be taken – DCA report says we are already under-staffed – not the right thing to do.
Mayor Barrella: not only premature, but unnecessary – seems like a declaration of war – all meetings have been attended by Administrator Riehl and himself – negotiated with all unions – different for Teamsters and TWU because we can tell them they are getting furlough days and they have no recourse – some on Council resent the fact that the police department has the ability to defend itself in negotiations – has been the biggest critic of arbitration – need to fix the structural situation with the pay scale – believe that would have been the second part of negotiation – was given until February 15th to come up with union settlements – was not told he had to get $200,000 or $300,000 – was told he had to get light at the end of the tunnel – getting $150,000 from police department and $150,000 from the rest of borough employees – he and Administrator/CFO Riehl looked at it and said, if we get $150,000 from the police department, we have to reduce the number of furlough days – came up with a revised budget and plugged in figures – Administrator/CFO Riehl assured him that there is still light at the end of the tunnel that would help provide stability for the town – as a consequence, have closed the budget gap and have a proposed tax increase that's less than last year’s – but, for some, the police haven’t suffered enough, so we have to go through layoff notices – could understand if we would win something in arbitration – that’s speculative – recently, a 2% arbitration cap was passed – police cannot get a salary increase, either for base, longevity or steps, exceeding 2% – police have voluntarily agreed not only to take 0% increase this year, but to also take a freeze on step and longevity, which means officers entitled to a $7,000-8,000 raise will not get it this year – thus, we would have to do better than 0% in arbitration for this to make sense – they’ve also agreed to surrender Officer in Charge pay – we put forward 5 proposals and they embraced 4 – doing better in the course of this settlement than we could possibly do in arbitration – dumbfounded by decision, if Council goes forward, to authorize lay-off notices.
Councilman Corbally: it’s not authorizing lay-off notices, just putting together a plan to ask for permission to layoff, if need be.
Clint Daniel, Pt. Pleasant, VP of PBA: was unaware this would come out in open session – find it slightly offensive that it would come out and he would not be able to have his officers here – layoffs affect officers with families, children, pregnant wives, etc. – thanked negotiation committee – thought everything was going fantastic – atrocious to doing something such as this to make some sort of political stance – hope negotiations will still go forward – taking wage freeze and zeros to help our fellow officers, and keep officers on the streets – finds that commendable – this, he does not.
Dave Cavagnaro, PPB: was at budget meeting – figure was $400,000 from employees and $400,000 from taxpayers – will be reduced to $300,000 from employees – asked where other $100,000 comes from (Mayor: $60,000 is coming from a reduction in real property taxes; Administrator/CFO Riehl: combination of an increase in anticipated revenues and lower tax increase than last year; Mayor: there was room in some of the revenue items to increase revenue estimates – light at the end of the tunnel is a little dimmer because we’re taking $100,000 and increasing some revenue estimates) confused, because at budget meeting were complimenting all for not over anticipating revenues and, looking forward, that would generate a better forecast for future budgets, but now going back and raising estimates (Mayor: vast difference between having parking revenue the year before at $1.4M and raising it to $1.750M – $70,000 of uncollected taxes will eventually be collected either through payment by property owners or tax lien sales – $70,000 that we know we are going to get) seems like you’ve changed your position.
Mayor Barrella: those numbers are where I’d like to be, but in the interest of reaching a resolution and getting the budget together, and after checking with the CFO that she is comfortable with adding that additional $100,000 of revenue, I support changing it – negotiation numbers changed with counter proposal from PBA – other unions had no option – they didn’t give, it was taken in the form of 17 furlough days for $200,000 savings – when it came out that the PBA proposal would net $150,000, I asked the CFO to reduce the number of furlough days for TWU and Teamsters to bring them in line with that $150,000 – CFO found that $100,000 in a couple of sources – numbers changed because PBA counter-proposals did not embrace all our proposals – that’s why they call it negotiations – it will give our residents a smaller tax increase than last year and our CFO is comfortable that we are on our way to restoring some fiscal stability – cannot equate over anticipating $350,000 worth of parking and court revenue and leaving $400,000 worth of cap room on the table with coming up with $100,000 in this scenario – not an over anticipation (Dave Cavagnaro: did not say it’s over anticipation – said you wanted those under anticipated numbers to go up slightly – said original was good for the Beach, good for the Committee and now it’s changed) was and still is good – this budget also puts us in that range of a good, solid budget – would like the first scenario better – would not embrace the new scenario, if CFO was not confident in it – questioned why we have to go to lay-off plan instead of moving forward by logically negotiating a long-term agreement with the PBA that covers 2012-2014, at reasonable numbers that take into account the Governor’s and Legislature’s mandate – need to move process forward so we know what our costs will be – this stop gap negotiation produced a good budget – if this doesn’t work and we have a problem, I will take full responsibility, unlike last year, where others would not take responsibility – asked those voting to implement layoff plan to articulate how going to arbitration will make this better.
Councilman Hennessy: comparing going to arbitration to reduced number from PBA, not to the $200,000 you needed; asked if $100,000 was so easy to find, why it was not going back to the residents.
Mayor Barrella: $60,000 – a lower tax rate than last year.
Max Gagnon, PPB: what he gave Council tonight can bring in a lot more money – residents not using majority of police protection, the Boardwalk is – time to go down there and start looking for some money (Mayor Barrella: Clerk Ellsworth and Councilman Corbally have worked on several ordinances, which, once passed, will impose some fees for special events – we provide extra police officers for fireworks or Father Alphonse concerts) lot of things can be cut other than police – will provide something at next meeting that can save even more than this.
Ben Dispoto, PPB: spoke about difference between furloughs and layoffs – talking about 17 furlough days for all employees not in the police department – with furloughs, whole dept has to shut down – layoffs are from bottom up – asked if that would be over an indefinite period of time (basically firing someone) asked how many police officers would be affected by that $200,000 in terms of a lay-off (depends on how negotiations continue from this point on) if we anticipate 17 furlough days, why haven't we been doing it already (need to give 45 days notice to employees – first is on March 31st – will take place before June and pick-up again in September; started working on budget right after the election and approved filing for furlough plan after January 4th meeting) complained that work on this budget should have started last September – knew there would be a budget problem and should have started furloughs in January (don’t believe finance committee ever met after budget was finalized last year – not sure if action by last year’s Council would have worked for this year).
Attorney Gannon: a new Governing Body on January 1st – could create a problem because the old Council couldn’t bind the new Council, especially if they had different ideas.
Ben Dispoto: asked if police could be furloughed.
Frank Carey, PPB: asked if Council is going into arbitration with police (police have a right to do so), asked about Committee negotiating with police (Mayor, CFO/Administrator and on occasions Councilmen Hennessy, Corbally and Lurie – asked for five things and they embraced four) asked if the agreement reached was for one year – should move forward with that and not hold a hammer over their heads – people in this town look to our police for protection – have negotiated in good faith – if it’s not enough toward year-end, can look to making more cuts; spoke about enforcing 5-minute rule; sounds like Council is not going to enforce current snow ordinance and are arguing about garbage and how enforceable that is (Councilman Corbally: don't want snow ordinance to be like trash ordinance – want a viable plan in effect – spoke with court administrator, who spoke with judge, and he will not uphold fines that we give to people – we’ve never enforced it – that’s why we are not picking up garbage and sending out notices to people – trying to educate and give them warnings – if Council didn't flip and change back, these notices would have already gone out – don’t want to send notices out until we have a plan and that’s why I asked to hold the snow ordinance) 32-gallon cans and no plastic bags was part of trash ordinance before change.
Motion by Councilman Hennessy, to close public participation, was seconded by Councilman Rizzo and carried by roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Motion by Councilman Corbally, to authorize the Borough Administrator to draw up and file a layoff plan with the Civil Service Commission that pertains to police services, was seconded by Councilman Hennessy.
Councilman Hennessy: clarified that he was not a member of the Finance Committee – Councilman Corbally has been informing me and others as the process has developed – there is no big conspiracy plan – hope that in the next three weeks, Council does not have to take action on what Councilman Corbally is asking the Administrator to do – hope the police can meet Budget Committee’s requests – don't think laying off officers would be a good thing and don’t want to see that happen.
Councilwoman Tooker: there’s an ongoing negotiation – each side has negotiated in good faith – there’s no reason to take this drastic step – DCA report says we should have more police – first I heard about where we were with negotiations was in the back room and it sounded like things were going well – this is much too drastic, ramps up tension and is not necessary.
VOTE: Council Members Hennessy, Rizzo, Corbally, Dyer*….YEA
Council Members Tooker, Lurie….NAY
*Councilman Dyer: ran campaign on reducing level of government, where we can, by attrition – takes about 75 to 90 days for government to do anything regarding furloughs and layoffs – time is of the essence – hope that negotiations move forward in next couple weeks – have some questions on the numbers, questions on the cuts – need to know what proposed budget numbers are over last year.
Mayor Barrella: asked if anyone was going to take responsibility for saying that they expect the arbitration results to be better than what we have in this negotiated settlement.

CONSENT RESOLUTION 5 (Approval of ABC Social Affairs Permit for Chamber Wine Garden on September 17th during the Seafood Festival) was considered.
Councilman Lurie: not against wine garden – had safety concerns due to congestion which Council should consider as the Seafood Festival moves forward – 15 years ago, the Festival was fine with setting booths up on both sides of street – asked Chamber to look at alternatives with Council, Chief and Code Enforcement and open a dialog.
Ben Dispoto: agreed with Councilman Lurie’s concerns – amazed that, with financial condition we are in, there are no fees being charged for this event that come directly back to the town (Councilman Hennessy: would have to put something together to charge for all events, not just the Chamber; Mayor Barrella: being addressed by proposed ordinances, in your packets, that were put together by Clerk Ellsworth and Councilman Corbally; Councilman Corbally: four ordinances, which have been reviewed by the Borough Attorney, are ready to go on agenda at next meeting).
Carol Vaccaro, PPB Chamber Director: Mr. Dispoto has been saying that quite a bit – no provision for a one-day mercantile license fee – Chamber pays for everything that's included in this event – we are a local non-profit whose job is to bring business into our town – complained there are a lot of other events not paying their fair share.
Councilman Rizzo: complained that damage was done to parking lot during Jazz Fest – complained that pilings were put into pavement (Mrs. Vaccaro: holes were caused by people sitting on chairs due to softening of tar because of intense heat – Engineer and Parking Authority both looked at it and stated no permanent damage was done to that lot).
Councilman Corbally: asked if there was any discussion given to changing venue – perhaps Broadway.
Lynne Mahoney, PPB Chamber President: on Arnold now with Fire and First Aid Departments close by – emergency services would be further away if moved to Broadway – been doing it 34 years and have not had a problem – no matter where you move it, can't say someone is not going to have a heart attack – only four retail businesses on Broadway and 51 on Arnold and Bay Avenues – welcomed all to come to Chamber meetings and would be willing to meet whenever you want.
Motion by Councilman Dyer, to close public participation and approve ABC Social Affairs Permit for Chamber Wine Garden on September 17th, was seconded by Councilman Hennessy and carried by roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Motion by Councilman Hennessy, to make appointments to Recreation Committee, was seconded by Councilman Corbally and carried by roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Councilwoman Tooker: asked Recreation Committee liaisons about reactivating the Senior Advisory sub-committee to plan some senior activities.


Councilwoman Tooker: presented police report for February reminding all that police don't take a break in winter – 13 arrests for offenses that include assaults, disorderly conduct, thefts, DWI, trespassing, possession of weapons, burglary, resisting arrest, possession of controlled dangerous substances and distribution of controlled dangerous substances – 6 warrant arrests made for criminal and motor vehicle violations; thanked Administrator Riehl for drafting lease for cat trailers – last piece of puzzle in applying for AWC grant – going to add in fourth paragraph “at the expiration of said term the lease will expire unless the tenant or landlord gives a written notice” (Councilman Corbally: if there’s a problem, need to give landlord the opportunity to terminate the lease after providing 90-day notice: Administrator Riehl: Borough Attorney suggested adding language as to the specifics of what trailers would be used for).
Motion by Councilman Corbally, to authorize the Mayor, or Council President in Mayor’s absence, to execute the trailer lease with specified changes, was seconded by Councilman Tooker and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Councilwoman Tooker: received engineers report on Phase II of I&I – should think about bonding for same this year (Administrator Riehl: need to review as to what components Council would want to address before bonding; Councilman Lurie: would like to review proposal again – last proposal was $40,000 in engineer funds and were billed $400,000 – need to budget appropriately).

Councilman Hennessy: thanked Administrator Riehl and Code Officer Petrillo for their actions in getting walks cleared within 24 hours after it was brought to their attention that there were two consecutive properties which still did not have their walks shoveled, 7 weeks after the storm.

Councilman Rizzo: have received numerous complaints about garbage – refuse in parking lot behind Radio Shack – Code Officer Petrillo did check and it was taken care of, but it happened again – there is garbage out on Arnold Avenue, west of the bagel shop – warnings should be issued to those that own the property – give out garbage information with rental CO (Certificate of Occupancy).

Councilman Corbally: going out to advertise videoing meetings this week with responses due by March 11th; Johnson’s Realty has contracted to do an appraisal on well property – Administrator Riehl will be attending a seminar on the best way to sell that property; Vince Castin moving forward on newsletter and by next meeting should have a better idea when it will be going out; trying to set up a meeting, on March 1st, with Vintage Auto Museum people, members of Citizens Advisory Committee Group and other Council Members to determine if this is a viable idea we should continue to pursue; pubic has taken more of an interest in parking within last three weeks through emails – after vintage meeting, maybe committee can work on ideas regarding permit parking; 125th Anniversary of incorporation of the Beach – asked Council to give approval for Administrator Riehl, who was here 25 years ago and remembers the 100th anniversary celebration, to chair the Council part of the celebration – spoke with Chamber Director Vaccaro to blend with first day of Jazz Fest – asked Council for permission to go ahead (Mayor Barrella: you asked for $5k to be added to budget for that); reopening talks to take west side of railroad lot, on Route 35N and looking into putting trolley system in effect for summer.

Councilman Lurie: reported that Parking Authority has asked about having Public Works plow their lots and they would pay the town for that service – will speak with DPW Superintendent Trout about possibility – would be an option for additional revenue.

Councilman Dyer: still researching Mantoloking school district issue – former Councilwoman Walsh wrote in the “Ocean Star” that school taxes should be based on property values, not number of students – $500,000 home in the Beach pays $2600 in school taxes while Mantoloking pays $21– in 2007, Mantoloking Council hired a lawyer, who was the former N J State Commissioner of Education, to negotiate this deal that took place with consolidation of school districts – Ocean County Education Superintendent Greenfield says mayors from both towns were involved in 7/1/09 sessions but Mayor claims he was not – need to find out what took place and how it happened – asked Administrator to check with school Superintendent Ravally and Business Administrator Savage about what transpired at meetings they attended – Greenbriar, Manchester Senior Community with 5,000 homes, pays full rate on school taxes without sending one person to school system (changing the school tax formula for Mantoloking) would cut PPB school taxes, for Beach residents, in half – Loch Arbor pays Ocean Township $74,000/student and Seaside Park pays Central Regional upwards of $60,000/student because those taxes are based on appraised values of home (Councilman Hennessy: Mantoloking residents have full voting rights on PPB school budgets that are not affecting their taxes) while last school budget was overwhelmingly defeated in PPB, it was approved by Mantoloking voters by a vote of 115 to 9 (Mayor Barrella: asked if he was getting any help from Senator Ciesla and Assemblymen Wolfe and Holzapfel) no, but have reached out to State and Chief of Staff Bagger – problem is that State Superintendent of Schools was fired and don’t think anyone from State wants to touch it.

Mayor Barrella: going to Trenton tomorrow and will remind Governor of this problem as well as other PPB problems; may need to start looking at ambitious ways to raise revenue – find it mind boggling that no one will support PPB, they just take from the Beach but are not willing to give back.

Administrator Riehl: making slow progress on red light cameras; there is a meeting tomorrow for reverse 911; on schedule with parking machines – Public Works removed all old ones and are helping Parkeon with template for new ones with installation to begin this week.


Vince Castin, PPP: asked when recycling change would start and about cost of videoing meetings.
Camille Renner, PPB and AWC member: thanked Council for approving lease and Administrator Riehl for preparing same – asked if 5-year lease was guaranteed, as it is a stipulation when applying for this grant (Attorney Gannon: lease would be broken if trailer use violated town ordinances or were used for illegal acts – standard lease provision).
Lynn Mahoney, PPB Chamber President: thanked Councilwoman Tooker and Mayor Barrella for attending installation dinner – honored St. Peter School and Point Pleasant Hardware – something that is done with fundraising money; one of those business owners who put bags out – will use refuse container now – has pulled in cans from other businesses – wind sends them into the Arnold Avenues – problematic as cans are put out the night before and not taken in until businesses open the following morning – will send mass email out to all Chamber members to inform them; Chamber will be utilizing a “New Orleans Band” and full guard theme to lead 125th Anniversary celebration for town.
Ben Dispoto, PPB: asked about progress on reassessment and how fast it would go into effect; big supporter of business in town – would like to see a more vibrant business community – concerned with events that have alcohol service and also concerned with size of events – worried about some tragedy happening – town needs to get ahead of it – complained that bulk of paying vendors are not PPB businesses – remarked on reluctance of Council to address fees, especially when looking for income.
Dave Cavagnaro, PPB: suggested using emergency radio station to notice residents about new garbage regulations – asked about possibility of residents bringing garbage directly to recycling center; asked about lease agreement for trailers – confirmed that trailers were not being moved; asked if Farmers Market could be moved to west side of train lot, along Route 35N.
Kristen Hennessy, PPB: clarified statements by Councilman Dyer on Mantoloking school board consolidation issue – was a big push during Corzine administration, but since then has lost some steam – as result of this consolidation effort, each county superintendent had to file a consolidation report – have copy of Dr. Greenfield’s report, dated March 15, 2010, and quite a bit of documentation that might be of interest to Council.


Motion by Councilman Corbally to adjourn the meeting was carried by consensus of those present.
The meeting was adjourned at 10:57PM.

Published March09, 2011 | Council Minutes | 1173

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