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March 29, 2011

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:30 PM 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 Corbally, to enter closed session to discuss contract, litigation (ACLU), personnel and three potential litigation matters, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Closed session began at 6:32 PM and ended at 7:33 PM.

Mayor Barrella called the regular meeting to order at 7:39 PM. 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.

Mr. Smith, business broker specializing in liquor licenses, representing Wine Point, LLC: gave PowerPoint presentation, attached, on proposal to allow Wine Point, LLC to move from current location to the old ‘Curves’ storefront on the southeast corner of Route 35 South and Arnold Avenue – presented reasons to change the borough’s ABC license proximity requirement, so class “C” and “D” licenses would no longer be required to be at least 500 feet from each other - ABC licenses of the same category would still maintain a distance of at least 500 feet - ABC consumption licenses with broad package privilege would be required to maintain 500 feet distance from all other ABC licenses. Upon questioning by Mayor Barrella why Council should change its opinion, rendered two years ago, Mr. Smith testified: economy is tough – great opportunity to establish a strong retailer that will create jobs for the community – more importantly, it would create a destination – certain businesses in town identify it as family, fun and upscale – this will add to it – will focus on fine wines – Americans’ view on wines has become more European, embracing drinking wine with dinner – it’s really a food and will create a great atmosphere with the Foodtown across the street and Joe Leone’s behind it.
Councilman Hennessy: Police had concerns when this was broached in 2009 – expressed concern with appearance of main thoroughfare into town, which could conceivably, if ordinance is changed, have several ABC licenses within a thousand feet of each other – also concerned that all liquor stores would be on that same corridor.
Chief O’Hara: police stance is the same as then - busiest intersection with the most accidents – just had first reading on ordinance to install traffic cameras there - another store with a large amount of traffic in and out would only add to congestion and safety issues.
Mr. Smith: store would be the same to premium wines as Joe Leone’s is to food.
Mayor Barrella: asked for Council consensus. Consensus was to review and decide whether to add to next agenda, with notice to be provided to all concerned parties should it be added to that agenda.

Motion by Councilman Corbally, to approve March 8, 2011 Council meeting minutes, was seconded by Councilman Rizzo and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Dyer….Abstain

Mayor Barrella: as some Council members asked to dispense with first public participation, asked for Council consensus. Consensus was to hold one public participation session at the end of each Council meeting, commencing next meeting.

PUBLIC PARTICIPATION (Non-Agenda & First Reading Ordinances)
OPENED AT 8:01 PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): asked about shared services – contract did not yet come to fruition in the Boro (cannot give out details because Boro did not act - would have made the agreement available had they done so - will not appear on our agenda until the Boro approves) asked that there be a meeting in between Boro’s action and that of the Beach (may not be logistical - but as soon as Boro approves it will be available to the public at the Beach’s Boro hall) asked if the individual in the Building Department had received a Rice Notice (employee is involved in plan – agreement was drafted with his direction and he was aware of discussions - was at meeting with his union rep; Rice Notices should be given to an employee when unilateral action would be taken that would affect terms of employment – collaborative effort between the employee and the Beach – Beach would be the lead agency and employee was fully aware of all aspects of the shared services agreement, including affects on him) - according to Boro Mayor, there has been discussion about Court system agreement.
Mayor Barrella: Council has been aware of shared service discussions regarding Building and Police Departments - meeting was held on January 21, 2011 - present were Chief O’Hara, Lt. Dikun, Chief Williams and Captain Larsen of the Boro, both Administrator/CFOs, both Mayors, Court Administrator and Judge - purpose was to discuss certain problems that have arisen since Court shared service agreement was implemented – problems were brought to light immediately after implementation - Lt. Dikun notified all that Beach could not use its Special Officers in the Boro, as they had no jurisdiction there - three options are to keep the agreement, terminate it or modify it - discussion was centered on Court Administrator and Judge preparing a report on issues with the agreement and what can be done to make it work better – that report has been made available to the Governing Body,
Councilman Dyer: was not aware of Court meetings until recently - Boro was to hire a couple of Special officers and we were to reimburse them – never was supposed to be a full-time Police Officer at Court, so cost should have been about the same.
Mayor Barrella: Council had no knowledge last year that the Beach could not use its Specials in the Boro - if there is a shared services agreement with respect to a Court, by statute, it has to be in one physical location, either the Beach or the Boro – cannot be part-time in both - have to work out logistical problems in the 7-8 page report we received – no deal has been made - this year, discussion was initiated by the Judge – both he and the Court Administrator were integrally involved, along with other Beach and Boro professionals, whose expertise will be relied upon in the decision-making process.
Disagreement ensued between the Mayor and Councilmen Hennessy and Dyer regarding the degree of involvement of both the Judge and Court Administrator in last year’s shared service agreement process, including the fact that the Police Department was never consulted.
Chief O’Hara: there are issues that need to be addressed - summer is coming, Police Department not operating efficiently under terms of current agreement - need to get together soon to get the ball rolling to fix the agreement before summer.
Dave Cavagnaro: asked when the report would be available to the public (Mayor asked Borough Attorney to investigate).
Ben Dispoto, PPB: asked why we have a full-time Building Department
employee working 5 days per week, when the work can be done in 3, as per this proposal (assumption of 3 days is incorrect - premise is a split day – amount of time being expended in both towns would be 42.5 hours) still working less here then before – should possibly cut his hours here to save money.

PUBLIC PARTICIPATION (Non-Agenda & First Reading Ordinances)
ENDED AT 8:28 PM.

Ordinance 2011-06 (Real Estate Signs) was considered on second reading.
Bruce Shapiro, N J Association of Realtors: supported ordinance and thanked entire Council, particularly Council Members Corbally and Tooker for their work on compromise.
Dave Cavagnaro, PPB: in favor of ordinance – thanked Councilman Corbally for drafting it - two real estate agencies already in compliance – real estate association not only supports it but helped craft it.
Councilman Lurie: questioned letter from Attorney Hiering.
Mayor Barrella explained that in Citizens United case, the court held that articulating different standards for content-based speech is unconstitutional – in that case, there were different rules for rent signs v ‘For Sale’ signs (Attorney Gannon: there was input from the Realtor community – concern should a challenge arise - within the constitutional analysis, as long as you are consistent within certain categories or classes, basically entitled to a presumption of validity - unsure whether the size distinction would potentially cause the ordinance to not pass constitutional muster – appears that, between classes, there is not that great a distinction, so as to have a significant impact on free speech, due process or equal protection) in Citizens United, the township sought to prohibit use of “For Rent” signs for the summer months with no similar prohibition on "For Sale" signs, and the court articulated that there was no effort to work out a less Draconian approach – but, in this case, Councilman Corbally worked with Realtors’ Association to get this done.
Councilman Dyer: suggested, when ordinances are written, whole ordinance be presented with a highlight of what’s being changed; Mayor Barrella: suggested printing current ordinance for Council and public and new ordinance showing changes.
Vince Castin, PPB: asked why there was no penalty included in the ordinance (signs will be confiscated by Code Enforcement).
Motion by Councilman Corbally, to close public participation and adopt Ordinance 2011-06, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Dyer….YEA
Council Members Rizzo, Lurie….NAY

Ordinance 2011-07 (Amusement Games Licenses) was considered on second reading.
Dave Cavagnaro, PPB: in favor of ordinance, from perspective of one who operated Boardwalk amusement games 40 years ago at $150-$200/license – based on inflation, $500-$750 doesn’t seem exorbitant - arcades used to shut down ¾ of the year but are now 12-month operations – $1,000 fee does not seem unreasonable, given the economy, etc.
Former Councilman Dixon: complained that rates were raised 750% – asked about cost to Borough for licensing (Police Department has investigative procedure for each license, each year.)
Councilman Corbally: catching up to North Wildwood – for throw into hoop game that is open more than 100 days/year, it would be less than $5/day.
Mayor Barrella: asked if Council went through this exhaustive process when raising fees for COs and mercantile licenses several years ago, when Councilman Dixon voted to increase those.
Councilman Dyer: no problem with raising fees, but to raise in this business climate from 100% to 750% is exorbitant – major corporations are leaving the US because we have the highest corporate taxes in the world - as you tax, businesses leave.
Mayor Barrella: asked if the Councilman was intimating that the amusement games were going to move to Manchester or Lakewood and away from the Boardwalk – analogy, while dramatic, has nothing to do with reality.
Councilman Dyer: disagreed – the more you tax businesses, the more will leave – it’s an economic fact at the municipal and state levels - $70B of wealth left this state due to high state taxes.
Councilman Corbally: North Wildwood is what we are matching - if you look at the most popular beaches and the most family-friendly, Wildwoods are at the top every year - we were #8 in 2008 – the Beach compares to them in both size and population - in 2009 and 2010, we fell off the top ten – the Wildwoods are at the top of both, the nicest, most popular and most-family oriented beaches - they are doing something right that we are not - perfect summer last year for day trippers, flocking to the town in records - town had less revenue because we didn't have the finances to cover the Special Officers needed – one area entity did fantastic last summer, the town didn’t - charging total licensing fee of $5/day for a hoop game for which they get $5/game or charging $3/day for the arcade to be open is not an enormous fee – at some point, everybody has to participate in the costs, not just the residents.
Mayor Barrella: (former) Councilman Dixon and Councilman Dyer talked about the magnitude of the increase – remember that same argument with respect to water and sewer – it was a good deal for the larger users who were paying for one gallon and using five – it finally dawned on Council back in 2004 that needed to be fixed – could well be that these fees should have been raised incrementally over the years and weren’t – perhaps they’ve gotten a break over the years and now Councilman Corbally is trying to make it right.
Councilman Lurie: spoke about mercantile fees and how they could only be raised a certain amount - fees need to be increased, but not this dramatically – if we need to review them each year and raise them each year, we can.
Mayor Barrella: asked about how much additional revenue this ordinance would produce ($12,000/year, broken down among 35 licenses) just talked for 25 minutes over increasing fees that are going to impose a $12,000 additional burden on those who operate the (35) amusements on our Boardwalk - fighting over one furlough day for employees or 1/10 of a penny on the tax rate.
Councilman Tooker: our costs have gone up - been losing people through attrition, with less personnel to collect refuse - been seeing a record number of day trippers – Districts 3 and 4 have seen a major impact – down staff in both DPW and Police and there’s no way to hire more with our budget – tourists are impacting our quality of life, our DPW and Police - couldn't even hire people to replace those we lost.
Discussion ensued between Council Members with suggestion to raise fees $6,000/year instead of $12,000/year.
Motion by Councilman Corbally, to close public participation and adopt Ordinance 2011-07, was defeated by roll call vote.
VOTE: Council Members Hennessy, Rizzo, Lurie, Dyer….NAY
Council Members Tooker, Corbally….YEA
Motion by Councilman Lurie, to approve Ordinance 2011-15, which would increase amusement games fees by 50% of the increase in Ordinance 2011-07, on first reading/introduction, was seconded by Councilman Dyer and carried by the following roll call vote. Public hearing will be held on April 19, 2011.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Ordinance 2011-08 (Public Assembly) was considered on second reading.
Edward McGlynn, General Counsel for Jenkinsons, and Ron Gasiorowski, Special Counsel for Jenkinsons, requested the ordinance be tabled - met with Councilman Corbally about three weeks ago - subsequently met with Chief O’Hara, who looked at Jenkinsons’ special events, and was asked to prepare a list of instances in which he believed extra Officers were needed, other than in the normal course of duty – that was provided last Wednesday or Thursday - would like time to meet with Chief, again, to see if something can be negotiated with Chief and municipality, which would both help the municipality and recognize Jenkinsons willingness to do so.
Councilman Corbally: thanked Mr. McGlynn for his idea and asked that Jenkinsons complete the Special Event applications that everyone else fills out, while this is being tabled – coming from Jenkinsons Boardwalk web-site, there are 45 events that would require applications – Clerk would send them to DWP and Police – I’ve already talked to DPW – they pick-up the bags that your guys leave at the foot of Arnold Avenue – Chief provided a list of bare bones costs of $19,288 for those events with a total cost of $90,000-120,000 for all events (Mr. McGlynn: complained that he is being asked to fill-out applications for activities which Jenkinsons does not consider Special Events) if Council does not deem them Special Events and the Police do not have to add personnel to cover them, Jenkinsons will not be charged for those events, since resident tax dollars are not going to support them – it’s only fair for residents to get their money back if their tax dollars are supporting one of Jenkinsons’ events, like they do from the different walks and the Chamber - you are the only folks who do not complete the applications – Chief gave you a list of Special Events.
Mr. McGlynn: not being argumentative, but you are asking us to fill-out applications for things we don't think are Special Events.
Mayor Barrella: suggested a compromise – that they fill out the applications for the ones the Chief suggested and reserve the right to contest those they feel are not Special Events.
Mr. McGlynn: fine
Mayor Barrella: asked about time frame – should be able to get it done before next Council meeting, in order to move this forward.
Mr. McGlynn: goal would be not to get this in ordinance form because – thinks the ordinance is fatally flawed, but will leave that to Mr. Gasiorowski – goal would be to enter into some type of agreement with the municipality that would satisfy the Council.
Mayor Barrella: want taxpayers to get the same breaks that taxpayers in larger municipalities get – don’t know why those in Newark can benefit from a 15% tax on private parking lots and we cannot – read from the 1/16/09 “Ocean Star” quoting Mr. McGlynn: “The N J Constitution prohibits special legislations, so local option taxes would not solely be applicable to Point Pleasant Beach” – N J Constitution prohibits special legislation, but Newark and Atlantic City legislations are special – if Newark gets them, why can’t we?
Motion by Councilman Corbally, to table Ordinance 2011-08, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Mayor Barrella clarified that Ordinance 2011-08 was tabled only until the next meeting (Councilman Corbally: yes) and asked about re-advertising the public hearing.

Ordinance 2011-09 (Quasi Police Duty Fees) was considered on second reading.
Dave Cavagnaro, PPB: in favor of keeping on top of fees and raising as appropriate – asked if Council has right to waive fees in Ordinances.
Ben Dispoto, PPB: asked whether fee was for a regular or Special Officer (both) and whether they have the same powers (yes) - asked about $25 for local organizations and $15 for Chamber of Commerce ($25 fee is usually non-scheduled officers and money goes directly to the officer - $15 is a scheduled officer and is a budget reimbursement that goes to the town) doesn't sound efficient or clear and doesn’t seem to equate.
Sharon Cadalzo, PPB: asked if there was a stipulation for reimbursement of police vehicle use (part of administrative fee) related that her company is charged, in addition to officer fees, $50/hour for use of police vehicle.
John Morrongiello, PPB: asked if OT for officers is pensionable (no – charge is for Special Offices – regular officers are part of scheduled shift) asked about liability to town for use of off-duty officers (Attorney Gannon: 15 years ago, before this practice, there was a case in Third Circuit Court, which led to the current statute – result of that case is that they are acting as officers of PPB and have limited tort liability under Title 59).
Lynn Mahoney, Chamber of Commerce President: when the Elks or other organizations host an event, it’s to make money for that organization - Chamber has its event for the sake of the community.
Councilman Lurie: asked if there is discretion to charge $15 for all local non-profits (have the ability, case-by-case) asked, if it can be done case-by-case, why it’s even in here – would like to change to allow us that opportunity for all.
Councilman Corbally: all applications go through the Chief and he suggests the price of officers.
Discussion ensued on whether to amend the current ordinance or amend at a later date.
Motion by Councilman Corbally, to close public participation and adopt Ordinance 2011-09, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Councilman Lurie: will poll Council Members about change

Ordinance 2011-10 (Special Event Public Works Fees) was considered on second reading.
Mayor Barrella: items f, g and h, that were part of original ordinance were omitted from 2011-10 – intent was that there was no change (no problem, just put it on the record) typographical error in Section II.
Motion by Councilman Corbally, to amend Section II to correct typographical error to read Chapter V instead of Chapter II, was seconded by Councilwoman Tooker. (Ministerial change which would not require a public hearing.)
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA
Barbara Dixon, PPB: seems every ordinance costs the Boardwalk more money – town thinks of the Boardwalk as costing the town money, but it brings a lot of money into the town, just in parking – talking about $2,000 for an event for 7,000-10,000 people - asked if fireworks and concerts bring in that many people (does not apply to those events, but to events such as cancer walk).
Discussion ensued as to what constitutes a Special Event and the difference between same and public assembly. Councilman Dyer read from ordinance: “A Special Event shall be defined as any event being held by a profit or non-profit organization, using municipal property, roads or other public thoroughfare, or requires municipal services, regardless of the event’s location or planned route. A Special Event may also be one that promotes Point Pleasant Beach, its residents and businesses, as long as said promotion is consistent with the family resort image of the Borough.”
Ben Dispoto, PPB: Boardwalk is a public thoroughfare and falls into definition of Special Events, as it’s blocked by people congregating and watching fireworks - spoke about charging maximum Public Works fees and refunding if they have less people.
Vince Castin, PPB: ambiguity between Ordinance 2011-08 and this ordinance - public property in both public assembly and special event - either get a better definition of special event or merge the two.
Motion by Councilman Lurie, 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
Councilman Lurie: asked about payment of fees - asked about adding on finance charges if they do not pay within 10 days (Clerk Ellsworth: if they don’t pay within the 10 days, a reminder letter is sent - have collected all fees, so far).
Councilman Dyer: doubling fees here - asked why (personnel and tipping fees have increased, including placing barricades and collecting refuse) felt Public Works fees should have been in the title of the ordinance (title has to refer to title in book -could put in a preamble on the purpose of the ordinance, but not necessary that specific line item be put in title – to add to title would have to reintroduce ordinance - purpose can also be gleaned through legislative history, which we are doing here tonight - preamble does not become part of codified ordinance).
Mayor Barrella: clarified that only changes were to Boardwalk use fee and Public Works fee – if the definition is unclear, it has been that way since the attorney drafted it way back when – definition has been defined by Chief and Public Works – only matter being voted on is whether Public Works and Boardwalk use fee should be increased.
Motion by Councilman Corbally, to adopt Ordinance 2011-10, was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Hennessy, Rizzo, Lurie, Dyer….NAY
Council Members Tooker, Corbally….YEA
Ordinance 2011-11 (Parking Fees – Inlet Recreation Area) was considered on second reading. The public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Lurie, to close public participation and adopt Ordinance 2011-11, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Dyer…..No Vote, as he had stepped out for a moment

Ordinance 2011-13 (Establish Cap Bank) was considered on second reading. The public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Corbally, to close public participation and adopt Ordinance 2011-13, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Dyer…..No Vote, as he had stepped out for a moment

Ordinance 2011-14 (Traffic Signal Cameras) was introduced on first reading.
Councilman Lurie: asked how violation fee was established (in sample ordinance) asked about Brick fee ($85).
Motion by Councilwoman Tooker, to approve Ordinance 2011-14 on first reading, was seconded by Councilman Rizzo and carried by the following roll call vote. Public hearing will be held on April 19, 2011.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Dyer…..Abstain, as he had just reentered Council chambers

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

Clerk Ellsworth added items to consent resolutions listed below; Councilman Dyer asked that last item be considered separately; Mayor Barrella: clarified that item “v” relates to the apportionment of education costs (based on Mantoloking and Point Beach School Board consolidation), how much Mantoloking pays, and how that number was arrived at – item “w” relates to the fact that in other NJ municipalities, taxpayers get benefits that we do not, and to the investigation of whether that is an unconstitutional act on the part of the State; Lee Kelly, PPB: addressed item “v” - only person at Board of Education public hearing - voiced concern about formula used for apportionment - Mantoloking will be paying $65,000 and the Beach about $11-12M - breaks out to .04% for Mantoloking - asked Board about procedure – regional school district is apportioned by property value and number of students – that’s an old formula that is no longer used – was told at Board meeting this was done by legislature and our Board was given one day's notice before the vote – the Commissioner of Education decided how the apportionment was made – statement that the least amount of disturbance was the way the law was written and that statement was relied upon to determine the formula for Mantoloking - going to be paying $30,000 less than last year - asked if the Board had any intention of appealing and got no reaction - happy to see that consideration is being given by Council – offered to help; Councilman Dyer: asking Administrator to set up meeting with new County Superintendent of Schools - there were 12 towns that were consolidated and 10 went to full 100% appraised value after 4 or 5 years – only towns that did not were Mantoloking and Sea Bright – on $1M home, Mantoloking pays $51 in school tax while the Beach pays $5400 - Council is in agreement that we must proceed with this; Dave Cavagnaro, PPB: asked about $5,000 funding for Tax Assessor (amount he requested initially - legislation pending, involving interior inspections, that would extend the time between revaluation and re-assessment from four years to eight years – also, there are those that are advocating that we come up with another way to do exterior evaluation, without necessarily doing inspections - unlikely we're going to get it done for $5,000) was told that if we had done it within 3 years, would have been cheaper (our properties held a lot longer than other municipalities) asked about invocation line item and if Council had picked one (will be done by Ms. Ellsworth); Vince Castin: about Consent Resolution 1, item “v”, asked what students pay to come to our school (think there's three, for $65,000 - get full voting rights on our school budget); former Councilman Carey, PPB: asked if the two items are inseparable or if you could separate the voting rights from what Mantoloking pays.
Motion by Councilman Corbally, to close public participation and adopt resolutions covering items listed below, was seconded by Councilman Lurie and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Urge repeal of U S DOT regulations requiring re-fitting & re-facing street signs
to meet new lettering & reflectivity standards
b) Proclaim April as “Autism Awareness” Month
c) Proclaim April 10-16, 2011 as National Library Week
d) Authorization for Mayor and CFO to act as signatories on Borough accounts
e) Approve Streetlight Ministries Special Event App to distribute literature on
Boardwalk
f) P O to Office Business Systems for upgrade of meeting room recording/sound
system (<$9098)
g) Reaffirm misc w/s utility charges
h) Approval of Payroll #5 ($231,773.73) and Payroll #6 ($217,203.69)
i) Permission for Pt Pleasant Deborah to solicit local merchants for gift auction
prizes
j) Water/Sewer bill adjustments (2)
k) Approval of computer-generated vouchers ($185,284.76)
l) Approval of 16-foot curb cut request at 318 Washington Avenue
m) Payment to Devo & Assoc for 10 multi-space parking meters ($105,250)
n) Payment to Wells Fargo as part of settlement agreement ($4,600)
o) Payment to Galvin Law Firm from Planning Board accounts ($837.50)
p) Authorization to exempt part/time employees of <$5,000/annum from furlough
plan
q) Payments to T&M Assoc from escrow accounts ($2255)
r) Payments to the Galvin Law Firm from BOA escrow ($1740)
s) Repeal invocation policy and replace with an invocation consistent with N J
Supreme Court decision in Marsa v Wernick – CLOSED SESSION ITEM
t) Authorization to bid sale of surplus property with rejection clause - CLOSED
SESSION ITEM
u) Authorize funding, not to exceed $5,000, for tax assessor to proceed with
in-house re-assessment - CLOSED SESSION ITEM
v) Authorize investigation of Mantoloking school tax apportionment, including
hiring of special counsel - CLOSED SESSION ITEM
w) HELD for separate consideration (Authorize investigation of State violation of
equal protection clause in the state constitution, including hiring of special
counsel) - CLOSED SESSION ITEM
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Consent Resolution 2 (Authorize investigation of State violation of equal protection clause in the state constitution, including hiring of special counsel – CLOSED SESSION ITEM) was considered.
Mayor Barrella: this would authorize investigating and hiring an attorney to explore the possibility of bringing action against the state government, including the Treasurer, Governor or Legislature, because of the uneven/unequal treatment we receive as opposed to larger municipalities, like Newark, Atlantic City, etc., in terms of their ability to levy taxes, while we cannot.
Former Councilman Carey: asked if a dollar figure was going to be set for this (no, going to investigate hiring and interview, but it will come back to the Council for a decision to hire and move forward).
Motion by Councilwoman Tooker, to authorize investigation of State violation of equal protection clause in the state constitution including hiring of special counsel, was seconded by Councilman Rizzo and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Dyer*….NAY
*Councilman Dyer: don't believe in local option taxes and don't believe it’s a benefit for the town - more you tax people, the more problems you're going to have in your town going forward - fruitless effort, average homes in PPB are $698,000 and no one from state is going to give just PPB a tax on whatever – will not just be a tax for PPB, will be where ever you go in the state.

COMMITTEE REPORTS:

Councilwoman Tooker: Shade Tree still has some trees for sale - paver information is downstairs; AWC fundraiser raised $2,000; Environmental Committee’s Green Team met the other day about municipal energy audit – going to try to implement some suggestions and save money; asked Attorney about reviewing use of mercantile licenses for seasonal rentals; met with Chief and was surprised that our zoning application review doesn’t include a sign-off from the Police Department as most towns do - asked if Council needed to do something, or if we could ask the Building Department to add it (Chief O’Hara: Department would be happy to look it at from a safety and traffic viewpoint).
Attorney Gannon: should add Police Department to their checklist – or should direct them to forward to Police, if they think it might have an impact.
Councilwoman Tooker: Chief has been working on updating our police ordinance - gave report on police activities – officers Spader, Siculietano and Duffy received commendation letter from Forked River Elementary School; Chief was in on pre-construction meeting on school field - rehab being done by parent of two school students, up to $500,000.

Councilman Hennessy: No Report

Councilman Rizzo: thanked Chief O’Hara for actions on vehicles parked and running at edge of neighboring property – problem has been rectified and lady is content; received numerous complaints on a house, which was elevated while the inside was under construction – cannot understand why there were no taxes listed on this house before or after undergoing improvements – referred to Administrator - only taxed for land, no improvements, in 2009 and 2010 – house renovations were completed in 2009 – find it hard to comprehend that assessment on improvements went from went from $447,400 in 2008 to only $493,400 in 2011 – house was elevated with new electric, plumbing, cabinets, fixtures, floors, walls, windows, driveway and siding; if people have factual complaints, he will investigate and will go as far as need be – if help from people whose job it is, is not forthcoming, will take it to the County, Prosecutor’s Office, and the AG.

Councilman Corbally: asked Council about funding for town 125th Anniversary Celebration.
Motion by Councilman Corbally, to use up to $5,000.00 from Special Event fee fund for the town’s 125th Anniversary Celebration, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy
, Rizzo, Corbally, Lurie, Dyer….YEA
Councilman Corbally: asked for authorization for Administrator to draw up an RFP for reverse 911 services (Council agreed to authorize); still working on snow ordinance.

Councilman Lurie: attended Beautification meeting and they will accept items for town-wide garage sale; attended FEMA meeting, in house, to start reviewing 5-year flood management plan in order to get further reductions in flood insurance; think there are people on Council circumventing the system by having the Clerk prepare ordinances without Attorney review – want all ordinances prepared by the Clerk to have attorney review before coming to Council – would like to work with Attorney Gannon to set up an Ordinance Review Committee (Councilman Corbally: asked about previewing ordinances like Council did last time he served) think three members of Council are needed to sit there and work some of this stuff out instead of having meetings go past 11:00PM – makes us look unprofessional.
Mayor Barrella: agree about the need to expedite things, but Councilman Corbally proposed these ordinances on February 15th addenda – this Council has had 45 days to look at these ordinances that would produce additional needed revenue for Point Pleasant Beach, and 45 days later I’m hearing we haven’t had enough time – there were 45 days of opportunity to review and discuss.
Councilman Lurie: would like to sit with Attorney Gannon and work out a better process, because I think this process is flawed (Councilman Dyer: asked if Counsel review was part of his plan) two-fold, including Counsel and Council Committee review (Councilwoman Tooker: then only three people are reviewing it - why don't we do our homework; Councilman Corbally: all of these ordinances were sent to the attorney for review; Mayor Barrella: first time I sat on Council in 2008, practice employed was that John Mercun and I sat down on Sunday to go over the agenda and work out problems and questions - John would take issues to his side of aisle and I would take to my side of the aisle – would get done and everything moved along in 2008) think first time I was on Council it worked better than now.
Motion by Councilman Lurie, to authorize the Borough Attorney to review all ordinances that are prepared and to authorize Councilman Lurie to meet with the Borough Attorney to see if there’s a process that we can come up with that is better, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Councilman Dyer: thanked Administrator Riehl, DPW Superintendent Trout and all others involved in getting parking boxes installed in a timely manner - going to add about $250,000 to revenues if weather stays the same as last year; asked Council to consider Marcia Avenue for next time - people think it’s a cut-through and come through the bend by the apartments very quickly - spoke with Chief about putting yellow curb at that corner to improve sight lines as little kids play on that corner; thanked Governor Christie for the 2% cap – thanked Finance Committee, Councilman Corbally and Administrator/CFO Riehl – also had serious input from the Mayor – it was a great job this year – for the last three years have seen pretty manageable budgets with lowered municipal percentage rate of taxes in comparison to the State and County – thanked former Councilman Mercun, Councilmen Lurie and Hennessy for last year – important from year to year – as Ben Dispoto pointed out at last meeting, expenses are $9,014,000 in 2011 and were $9, 171,000 in 2010 – that’s so because of things that were done last year - thanked unions for going into State Health Benefits Plan, which saved the town $600,000 this year - not replacing the Chief and Lt. DiCorcia saved over $300,000 – didn’t replace dispatcher, payroll clerk, 3 people in DPW – all of that added up to $1.5M in 2011 – was some bantering about furlough days, but if we had moved forward with Building Department consolidation, would have saved $211,000 which is all the furlough days or $211,000 less in taxes; was attacked as Finance Chair last year for the surplus only being $790,000, yet this year it was lowered to $445,000; like to clarify “Asbury Park Press” report that ACLU sued PPB, the second time around, because I ended the prayer “in Jesus name” – that’s not factual – ACLU filed lawsuit two days before that meeting took place.

Motion by Councilman Corbally, to authorize carrying the meeting at least another 15 minutes beyond the 11 PM deadline, was seconded by Councilman Rizzo and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally….YEA
Council Members Lurie, Dyer….NAY

Mayor Barrella: clarified that this year’s surplus is higher than last year’s – spent $790,000 of surplus, and balance going forward for next year was less than this year’s; Councilman Dyer constantly says that he is opposed to raising taxes, but how does he propose paying for things.
Councilman Dyer: never said I was opposed to every single tax - would have voted for this budget, think it’s a good job –have to raise taxes to pay for things; special tax that you want in this town would be a tax on those things in all other towns - disagree with that - voted for budget tax increase last year and this year.
Mayor Barrella: so you would rather raise local taxes then go out and raise revenue from tourism and discretionary spending and, in effect, lower taxes – that’s the Governor’s approach too – Governor would rather cut things and impose higher taxes on municipalities than go out and deal with things at the state level (Councilman Dyer: that’s not what I said); in PPB we have a revenue problem not a spending problem - we are $1.7M below the spending cap - members of this Council are more than willing to give those businesses that put the burden on our services a free pass time and again – going to continue until the make-up of this Council changes or there is litigation to force the Governor and/or Legislature to do something - that litigation will be to declare that Newark’s ability to collect that 15% is unconstitutional – we’ll see how happy the Governor is with that when Mayor Booker picks up the phone and says ‘what’s going on here? Why are my revenue sources being challenged as unconstitutional?” – that, perhaps, will shake Trenton up – obviously, the former Chief of Staff of Governor Tom Kean has an enormous amount of sway in Trenton, and that former Chief of Staff, Mr. McGlynn, was standing here tonight – for anyone who believes that Mr. McGlynn is not in communication with the administration in Trenton or the powers that be in Toms River, I have a bridge in Brooklyn to sell you.

Administrator Riehl: estimate that debris, dumpster and dirt should all be removed from Lake Louise site by April 15th and then restoration of street end will begin; reminded all that Thursday and Friday are furlough days and Borough Hall will be closed; will be accepting tax appeals through Monday.

PUBLIC PARTICIPATION PERIOD OPENED AT 11:05 PM.

Max Gagnon, PPB: have asked Council to take charge of Board of Adjustment (BOA) to make it less cumbersome for resident to challenge the BOA by going to Toms River and beyond, and spending a tremendous amount of money – recent BOA approved sign application is completely against all town standards – sign is 31feet high, 85-90% higher than most houses in town - but gave them their sign and the privilege of knocking down a building, so it can be seen better – that’s going to cost town about $5,000-6,000 in lost tax revenues; asked Councilman Corbally if he had spoken to other Council members about the budget (yes) - asked how Council was going to make up the money that it let go down the drain this evening (didn't put those fees into current budget) every year, have problem making budget – when you have the opportunity to bring something new on the scene, don’t see why not – constantly hitting us as taxpayers, but when faced with people in business and propose something that would bring in revenue, you scamper off - asked if they are afraid of these people - come mid-year, will be looking for more money – whole Boardwalk section is costing us money and paying way less than they should – because they came out in force this evening, turn like chickens and run (Councilman Corbally: not dropped, will be on next agenda – filling-out applications is a good first step; Councilwoman Tooker: just found out about sign this week – asked if Council had any recourse).
Dave Cavagnaro: spoke about mercantile licenses for seasonal rentals – owners of rental properties are required to get a certificate of occupancy every year – held to all new standards yearly; listening to those ordinances, that would have required the Boardwalk to kick in some revenue to the town, get beaten down was extremely disappointing - read list of events that police say need extra services that they provided – comes to $20,000 at $11/hour, the basic cost of providing those services that are paid by PPB taxpayers – anyone else who comes to PPB would be paying $25-$50/hour - bar activity is about another $95,000, again predicated on $11/hour – this is what they are currently doing, that you are letting them get away with – asked what the consequences were, if this Council was aware of a law that was being violated and didn’t uphold it - read from current licensing ordinance at 15-12.1 - all events on list I just read qualify – all require $1,000 day/fee, permit and minimum police cost – might be able to bury the ordinances that Councilman Corbally brought to the table, but these are the laws that are currently on the books – this is what Jenkinsons should be doing – if it’s not happening you’re not doing your job as Council.
Mayor Barrella: asked if concerts were listed and how many years those concerts were run without doing this.
Dave Cavagnaro: they have an obligation, by law, to submit then you have the discretion on fees – if they don’t submit the application, they are in violation – right now, they are overdue on the Easter egg hunt and Easter parade, unless someone is gracious enough to give them a waiver.
Mr. Smith, representing Wine Point, LLC: addressed ABC proximity - asked Chief if it would be beneficial for owners to sit down with Chief and maybe hire a special officer on weekends for parking, etc.

Motion by Councilman Corbally, to adjourn the meeting, was carried by consensus of those present.
The meeting was adjourned at 11:18 PM.


Attest: Maryann Ellsworth, Municipal Clerk


Published April25, 2011 | Council Minutes | 1200


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