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April 19, 2011

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34PM with Mayor Barrella and Council Members Hennessy, Corbally, Lurie and Dyer present. Council Members Tooker and Rizzo were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Hennessy, to enter closed session to discuss two contract and two personnel matters, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA

Closed session began at 6:36 PM and ended at 6:59 PM.
Mayor Barrella reconvened the caucus session at 7:04 PM with Council Members Hennessy, Corbally, Lurie and Dyer present. Council Members Tooker and Rizzo were absent.

Department head memos and correspondence were discussed, with some items moved to agenda. Council discussed Super Taste restaurant’s request for a 15-minute parking space (Mayor: suggested after 5PM; Lt. Dikun: concerned from an enforcement standpoint; no Council Member thought it was a good idea); in regards to seasonal resident complaints about trash ordinance, Ms. Riehl, Ms. Petrillo, Mr. Trout, and Councilmen Lurie and Hennessy will meet to discuss.

Mayor Barrella called the regular meeting to order at 7:33PM. Present were Councilmen Hennessy, Corbally, Lurie and Dyer. Council Members Tooker and Rizzo were absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to approve March 29, 2011 Council meeting minutes, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA

Mayor Barrella directed Clerk Ellsworth to call Councilwoman Tooker in order for her to be present for the Budget Hearing and Vote.
Motion by Councilman Lurie, to prohibit participation at Council meetings via telephone, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Councilman Corbally….NAY

Mayor Barrella opened the 2011 Municipal Budget hearing to the public. CFO Riehl explained that, during budget review by the State, a $90,000 exclusion from the levy cap waiver for emergencies was denied, necessitating an amendment to the budget as approved on March 8, 2011; CFO Riehl also explained in detail the proposed budget amendment.
No member of the public wished to be heard.
Motion by Councilman Lurie, to close public participation and adopt the budget amendment, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA
Motion by Councilman Lurie, to adopt the 2011 Municipal Budget as amended, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA
Mayor Barrella: thanked Council for sparing him the opportunity to test Judge Grasso’s ruling on whether the Mayor can vote on the budget in the Borough form of government; person most responsible for this budget was Administrator/CFO – called her on Sunday before snowstorm to find her working on the budget – lucky to have her; best budget under the circumstances – anytime we have to furlough employees for 17 days and ask for other concessions to make cap, while raising taxes 1.5 cents, when we are $1.65 million under our spending cap speaks volumes on our revenue problem in the Beach – both Councilman Corbally and I agree that this budget provided light at end of tunnel – if it doesn’t eliminate furlough days entirely, it will allow us to scale them back – thanked all who worked on the budget.

Ordinance 2011-14 (Traffic Signal Cameras) was considered on second reading. Clerk Ellsworth read amendment changing fine from $100 to $85, in accordance with state limit.
Motion by Councilman Dyer, to approve Ordinance Amendment, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA
Public Hearing was opened with no member of the public wishing to be heard.
Motion by Councilman Hennessy, to close public hearing on Ordinance 2011-14, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA
Motion by Councilman Dyer, to hold public hearing of Ordinance amendment on May 10, 2011, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA

Ordinance 2011-15 (Amusement Games License Fees) was considered on second reading. Mayor Barrella opened the hearing to the public.
Ron Gasiorowski, Special Counsel for Jenkinsons: objected that the proposed ordinance lacks clarity (amendment to current ordinance, which changes fee structure – was reviewed by attorney as to rationale of fee increase).
Motion by Councilman Dyer, to close the public hearing and adopt Ordinance 2011-15, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA

Public Hearing on Ordinance 2011-08 (Public Assembly) was continued. Clerk Ellsworth read from the minutes of the March 29th meeting. Mayor Barrella: there was discussion between Councilman Corbally and Mr. McGlynn (General Counsel for Jenkinsons) about getting together between then and this council meeting.
Dave Cavagnaro, Point Pleasant Beach (PPB): asked what happened at that meeting [Councilman Corbally: attended meeting with Mr. McGlynn, Marilou Halvorsen (Jenkinsons) and Chief O’Hara – expected that Jenkinsons Corporation would be willing to complete applications and would discuss fees that made sense for their events, that he could bring to Council – short meeting – Jenkinsons refused to complete applications and offered $40,000 as a donation to the Police Department; Councilman Lurie: complained that there are two different ordinances – special event application refers to 5-19 and we have 5-12 in front of Council now – probably should have been combined into one ordinance] clarified that $40,000 was offered with concession that no applications need to be completed (Mayor Barrella: asked if anyone in the room disputed what happened – can reach goal through assembly fee or special event application – they are not mutually exclusive – have overlapped for years – does not affect amendment before Council to decrease number of people to 200 and increase licensing fee to $2,000) asked Council if they would agree to accept the $40,000, with agreement that they do not have to complete applications as outlined in 5-12 (Councilman Corbally: no; Councilman Hennessy: yes; Councilman Lurie: don't know what you’re talking about – there is no offer on the table)
Mr. McGlynn: disputed Councilman Corbally’s characterization – met with a number of citizens about putting SNAP program back into effect in District 4, and if so, if Jenkinsons would be willing to assist the Police Department in supplementing Special Officers – indicated that we would be willing to do so and offered to give $40,000 to the borough to supplement Special Officers (Mayor Barrella: inconsistent with Mr. McGlynn’s statement at last Council Meeting that he wanted to meet with Councilman Corbally to work this out, outside of Borough ordinances) don’t think the ordinances are applicable to us (Mayor Barrella: Councilman Corbally met with you and other Jenkinsons representatives – at last Council meeting, you agreed to that meeting and you indicated you wanted to see about working something out, outside of the ordinances, because you believed the ordinances are fatally flawed, but you were going to leave that up to Mr. Gasiorowski) asked how that is relevant (Mayor: Councilman Corbally attended the meeting and told us an offer of $40,000 was put on the table, to be donated to the Special Police Officers’ budget, in lieu of Jenkinsons having to complete special event applications) that’s right (Mayor: and I’m trying to see if that’s in any way inaccurate, and you just said that that’s right, and that’s fine, and now that we know what the facts are we can proceed with Mr. Cavagnaro’s question – Councilman Lurie’s concern about not knowing what was on the table is no longer there because we’ve clarified. Would the Councilman like to provide an answer at this point?)
Councilman Lurie: would like to think about it.
Councilman Dyer: confused – if Jenkinsons is offering to assist this Council and this town by paying $40,000 into the Specials’ budget to help defray cost, he is in favor – talking 3 furlough days.
Councilman Corbally: even if that circumvents the law?
Mayor Barrella: asked Lt. Dikun what his reaction would be if somebody, who was stopped by a Police Officer, asked to work something out outside the borough ordinances, by writing a check to Pt. Pleasant Beach (Lt. Dikun: that would not be a recommended way for a Police Officer to respond.)
Dave Cavagnaro: clarified that 15-12 requires an application if they have 200 or more people – hearing some on Council say they would accept “x” amount of dollars and wave that requirement (Councilman Dyer: I didn’t say that) asked attorney if Council can do this.
Attorney Gannon: Council, on behalf of taxpayers, can take donations – if there is an ordinance in dispute, it is either going to apply as written, or if the courts find that it’s not sufficiently well-written, it won’t apply – mixing apples and oranges and it’s not good practice – if it’s implicit in your question that someone is making a donation, in lieu of ordinance enforcement, that’s not government as I know it – the ordinance is either passed, and it applies to everyone within its scope – and if there are issues with regard to what the scope is, then that should be discussed – listen to the people who object and make a rational decision based on that – it ultimately comes down to the Governing Body deciding whether or not this ordinance serves its public purpose, whether there is a rational Nexus between the public purpose and what conditions and/or fees are put in there – the fee certainly should not be exorbitant – should reflect, to a certain extent, the cost incurred by the borough – if you go further, it’s an indirect tax and then I would indicate that I don’t think it would be constitutional or in accordance with 40A – I don’t think that that is what was intended, but I would not acquiesce to that or indicate that that’s a quid pro quo for an ordinance being interpreted a certain way – the one issue I have, and that’s not probably something anyone has dealt, with is the waiver provision which may, in fact, need to be tightened up because that may be an issue with regard to too much discretion of the Governing Body dealing with 501C’s and that type of thing.
Councilman Dyer: questioned provision in ordinance for waiving the requirement that application be filed 45 days prior to event – asked about what applications have or have not been submitted since 1984 – precedent has been set for 16 years that applications were not submitted for certain events – now, we are saying certain events are within what should be an application – must change ordinance, if Council desires, to include those items.
Mayor Barrella: asked Councilman Dyer if he is saying, if something that is within the scope of the ordinance comes to Council’s attention, we should ignore it because of precedent (no) if 2011-08 is not passed, there is still an ordinance on the books for obtaining $1,000 for more than 300 people – if past Councils have decided not to ask for that $1,000 for concerts, that’s their decision, but it’s clearly delineated in existing ordinance – proposed changes have nothing to do with enforceability of the current ordinance – town needs application and $1,000 for any concert with more than 300 people, regardless of what happens with this ordinance.
Dave Cavagnaro: clarified that Council cannot waive requirement that application be completed.
Mayor Barrella: can waive the fee, not the request.
Councilman Lurie: asked Clerk Ellsworth about Special Event vs. Public Assembly.
Councilman Dyer: clarified that Clerk Ellsworth was originally instructed that the Special Event application was to be used when the group was using public facilities.
Clerk Ellsworth: explained the Special Event procedure.
Councilman Hennessy: asked Clerk Ellsworth if there were any Special Event applications that needed to be completed by events held on private property.
Clerk Ellsworth: Special Event ordinance says private or public.
Councilman Dyer: asked Clerk Ellsworth if people are asked to fill out Special Event applications to have weddings on the beach (no – they are referred to the private beach owners) but that doesn’t matter according to the way the ordinance is written – if any beach, private or public, has over 300 people, they have to fill out an application for a license (fee can be waived and they get a bill for Police services).
Councilman Hennessy: asked if the bonfire at the school would require an application.
Councilman Lurie: asked if there is an application for every individual car cruise (one application for all – and they pay for Police services for each individual date).
Dave Cavagnaro: existing ordinance indicates that fee can be waived upon request of any civic, association, charitable association, or non-profit corporation – asked if Jenkinsons falls into one of those categories (no) – asked if Special Event application fee would be required if beaches are closed during fireworks and people have to watch from public portion of Boardwalk.
Ron Gasiorowski: client intends to abide by existing laws of Point Pleasant Beach – maybe they interpret them differently than Mayor and Council –they are law abiding citizens – disagreed with Councilman Corbally's comments – Mr. McGlynn made it clear that the events conducted by Jenkinsons did not fall within the parameters of this ordinance and that it was not necessary to fill out an application – read Mayor’s comments from transcript of last Council Meeting that they could submit applications without prejudice, without precluding themselves from contesting, so that Chief could see what the numbers would be – predicated upon that, a meeting was held – while he was not at that meeting, he stated unequivocally that there was never an offer of any amount of money for the borough to turn it’s eye from what his client was doing – there was a discussion regarding applications and what events possibly fall within the parameters of this ordinance and what it would cost – that number was suggested by Mr. McGlynn – there was not a meeting of the minds – there is an overlapping of these two ordinances as to what is a Special Event
Mayor Barrella: suggested that Public Assembly ordinance applies to public and private property – Special Events ordinance and fees ordinance applies to use of Point Pleasant Beach services – both could be applicable to an event; questioned the intent of the offer.
Ron Gasiorowski: clarified that there was not an offer made by his client for this municipality to waive or turn its eye to anything – there were negotiations as to what applications would have to be filed for certain events – there was not a meeting of the minds –said Councilman Dyer raised an interesting question – his client received a site plan approval and variance to conduct outdoor weddings on his property – if he has a wedding in excess of 200-300, no fees should apply – read from ordinance “…no license, however, shall be required for any regularly-operated outdoor recreational facility for the conduct of its usual business” – this is our usual business – being taxed and apply for a mercantile license – any attempt to impose an additional tax on his client will be resisted – doesn’t believe original 1984 ordinance or proposed amendment applies to his client’s activities, unless Council attempts to force an interpretation that would apply to them – urged Council to resist implementation of new ordinance – existing ordinance has been treated accordingly for the past 16 years.
Mayor Barrella: asked Attorney Gannon if fireworks are legal in New Jersey (technically, they’re probably not allowed, per se) if someone is shooting off a firework in New Jersey, they’re doing something that is violating state law, without specific permission by some governmental body – asked if there isn’t an overriding interest in regulating that and making sure the costs associated with that are taken care of, including additional Police costs.
Attorney Gannon: if it meets the parameters of the ordinance and will precipitate additional manpower, Police, health/safety/welfare costs involved, could indicate that it’s a rational ordinance and would pass constitutional muster – Governing Body should address whether certain activities are part of regular business, as opposed to a Special Event that causes the borough to expend extraordinary sums of money for Police, fire, crowd control, etc.
Councilman Corbally: asked Mr. Gasiorowski if his client doesn’t want to pay for extra Police that are required at certain events
Ron Gasiorowski: position is that activities conducted on Boardwalk as part of our business are not subject to additional licensing fees – these events also bring great revenues to this municipality – they use parking meters – read again from the ordinance – asked if Fr. Alphonse concerts, on client’s property are considered Special Events (Councilman Corbally: yes – 8-10 Police Officers are scheduled for five hours to take care of the traffic – would prefer the corporation pay, rather than the taxpayers) have received approval from Zoning Board to conduct that business – under provisions of the ordinance, don’t have to pay a licensing fee for such events – understands the meeting Mr. McGlynn attended was pursuant to the suggestion of the Mayor to discuss whether Jenkinsons should make applications for these events and, if he agreed to do that, what the cost would be – projections went from @$20,000-$150,000 – McGlynn’s position was, if we agree to submit applications and determine how many of these events are covered by it, we would agree that there should be a contribution, but there was not an agreement – reservations are being made for the beach deck daily in the summer – can’t always submit applications 45 days in advance and don’t agree they should pay additional fees.
Mayor Barrella: asked that Jenkinsons complete the forms – it was Councilman Corbally’s decision to meet – asked Mr. Gasiorowski’s if Zoning Board gave Jenkinsons a right to hold concerts on stage (stage was part of application before Zoning Board) asked if Zoning Board specifically permitted concerts and if permission for fireworks is required by Council or is it given by state authority – Council may have been derelict in its duty to regulate fireworks in the past – there might have been a predisposition on the part of other Councils to afford Jenkinsons and other businesses a little more leeway in terms of complying with requirements and reimbursing the town for legitimate expenses – this is a different economic climate – we don’t have the money – this doesn’t make what Councilman Corbally is trying to do, a tax – just because past Governing Bodies may have given these businesses a break, doesn’t mean town has forever waived its right to recoup those fees.
Ron Gasiorowski: Mayor has voiced an opinion and slurred his client – client has always complied with the law and has not been given any special favors – asked Mayor and Council to consider why Boardwalk is such a gem – because of people like his clients and residents – have been a part of this community far longer than the Mayor – we are good citizens and good business for this community.
Former Councilman Dixon: Stewarts has a car show every two weeks and there are over 200 people there – every business in town is subject to this – doesn’t think it’s fair to them – if going to pick and choose, will be subject to litigation
Mayor Barrella: according to Mr. Gannon's interpretation, we cannot vote on this since it was tabled, not carried – should be a motion with a date certain
Attorney Gannon: that’s correct – given that there was a motion to table, there might have been some confusion – if there is going to be a motion to carry, it should have a date certain – rather than fall prey to a procedural snafu, which would result in having to reintroduce, if the consensus of Council is to reintroduce, can do so and go through the process again (Councilman Corbally will get together with Mr. Gannon to fix things) should take into consideration the public and corporate comments, and the Chief’s input, to pinpoint those events which fall within this ordinance, in order to be on firm ground.
Councilman Dyer: asked Attorney Gannon if Council can vote on the ordinance (Attorney Gannon: yes – but may be issue with regard to procedure – under “Robert’s Rules of Order” a motion to table supercedes any other motion – the ordinance cannot go forward without being reintroduced – can vote, but would have concerns whether it would sustain a challenge as to procedural regularity.)
Motion by Councilman Dyer to vote on this ordinance.
Councilman Hennessy: asked if this would be a re-introduction on first reading and why this was put on the addenda – Council wasted 1˝ hours and now not going to vote on it.
Mayor Barrella: not sure we can’t vote on it – disagrees with Mr. Gannon’s assessment, but he is the Borough Attorney – thinks it was clear to Council and the audience that the intent was to carry to this meeting – up to Council to follow Mr. Gannon’s advice or vote on it – doesn’t think it was wasted time at all – nor was it political grandstanding.

Councilman Lurie: old ordinance set a minimum on toilet facilities, one per hundred attendees (Mayor Barrella: scribner’s error, addressed at last Council Meeting).
Motion by Councilman Dyer, to not adopt Ordinance 2011-08, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Councilman Corbally….NAY

Clerk Ellsworth: announced that Consent Resolution 1, item k, was being held; Councilman Corbally asked that items 1/e, 1/h, 1/i and 1/j be considered separately; Councilman Dyer asked about item 1/b and Mayor Barrella explained that it pertained to energy tax receipts that were collected by municipalities – however, in 1980, Governor Byrne decided that State would collect these receipts and give them back to the towns – in 2005, State started diverting those funds – in 2010/2011 it got so bad that we are actually receiving $400,000 to $500,000 less than we should be receiving – resolution supports monies going back to towns instead of being diverted by State; Ben Dispoto, PPB: asked about Dream Factory ABC permit; Anne Lightburn, PPB: asked about final payment for Lake Louise dredging, expressing concern that two oak trees that were cut down should have been replaced by this vendor (this is the settlement that was reached with Wickberg – tree restoration will be completed by Birdsall Engineering, which still has $25,000 outstanding in payment; Mayor Barrella: announced that town had received another $450,000 grant for purchase of Risden’s South property) Open Space has collected about $1M in tax from residents and received $1.3 from the State with, hopefully, another $500,000 to come – asked that check be put against the debt.
Motion by Councilman Hennessy, 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) Support A-3412 requiring that school districts and county governments share the burden of property
assessment appeal refunds
b) Support for elimination of State diversion of municipal property tax relief
c) Proclaim May 7 through 11, 2011 as Municipal Clerks’ Week
d) Appointment of seasonal Parking Enforcement Officers (14)
e) REMOVED for separate consideration (Approval of ABC Social Affairs permits for Frankie’s on 5/21
& 5/22/11)
f) Memorialize approval of Recreation Committee ‘Easter Egg Hunt’
g) Memorialize approval of Jenkinsons special event app for ‘Easter Egg Hunt’
h) REMOVED for separate consideration (Approval of Police fees for Jenkinsons Easter Egg Hunt)
i) REMOVED for separate consideration (Approval of Jenkinsons special event app for ‘Easter Parade’
including fees)
j) REMOVED for separate consideration (Approval of Jenkinsons special event application for fireworks
in conjunction with PPB 125th Anniversary Celebration with waiver of fees)
k) HELD [Reimburse college tuition costs to Sgt. Ippolito ($1393.50)]
l) P O to Verizon Wireless for annual mobile broadband fees ($2879.28)
m) Payment to Garden State Hwy Products for parking signs and sign posts ($2550)
n) Payments to the Galvin Law Firm from BOA accounts ($2357.50)
o) Payment to Schulman, Wiegmann from BOA escrow accounts ($275)
p) Approval of Dream Factory at Jersey Shore ABC Social Affairs permit for 10/8/11
q) Payment to Brick Utilities for March bulk water usage ($55,373.56)
r) 1st & 2nd Qtr payment to United Computer for computer network support services ($2430)
s) Payment to State of NJ for employee health benefits for April ($102,778.27)
t) Scheduled payments of district taxes to the PPB Board of Education ($1,731,680)
u) Payment of 2nd quarter tax levy to the County of Ocean ($1,987,573.65)
v) Payment to Ronan Agency for boiler and machinery accident insurance ($2881)
w) Approval of First Aid Squad special event application for ‘Monster Dash’ on 10/29/11
x) Approval of Payroll #7 ($218,834.53)
y) Reimbursement to Point Pleasant for monies paid to Beach in error ($10,000)
CONSENT RESOLUTION 2:
a) P O to Traffic Lines, Inc for re-striping of Inlet and Silver Lake lots ($14,747)
b) Permission for VFW to conduct annual ‘Buddy’ poppy campaign during May
c) Final Payment to Wickberg Marine for Lk Louise dredging ($212,500)
d) Approval of Pt Pleasant Deborah ‘Flea Market/Craft Show’ S/E app for 6/18/11
e) Authorize early construction start time for school field construction project
f) Payment to Pedroni Fuel Co for gasoline & diesel fuel ($38,948.04)
g) Refund dumpster bond ($250)
h) Authorization for Boro Atty to amend traffic ordinance to comply with Ocean County directives
i) Approve banner permit application for PPB 125th Anniversary Celebration
j) P O to Verizon for handheld devices for parking machine enforcement ($6526.96)
k) Payments to T&M Assoc from Board of Adjustment escrow accts ($4485.22)
l) Payment to Devo & Assoc for parking machines ($320,006)
m) Payment of final installment to O C JIF for 2011 insurance polices ($228,482.05)
n) Approval of computer generated vouchers ($3,663,082.09)
CONSENT RESOLUTION 3:
a) Approve hydrant flushing, 5/2/11 – 5/20/11
b) Approve Chef’s International temporary storage permit application
c) Progress Pay’t #1 to Earle Asphalt for Channel Dr roadway improvements ($86,575.05)
d) Appointment of seasonal Special Law Enforcement Officers Class II (1)
e) Appointment of seasonal P/T Communications Operators (1)
f) Progress Pay’t #7 to JAC Excavating for Lake of Lillies dredge ($25,970)
g) Approval of Payroll #8 ($234,187.85)
h) Payments to Duplitron for copier/supply costs ($702.29)
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA

CONSENT RESOLUTION 4 (as listed below) was considered.
a) Approval of ABC Social Affairs permits for Frankie’s on 5/21 & 5/22/11
b) Approval of Police fees for Jenkinsons Easter Egg Hunt
c) Approval of Jenkinsons special event app for ‘Easter Parade’ including fees
d) Approval of Jenkinsons special event application for fireworks in conjunction with PPB 125th
Anniversary Celebration with waiver of fees
Dave Cavagnaro, PPB: asked that Council not approve item 4/a – don't question quality of establishment, but don't need outdoor drinking; asked if Council had determined fees for Easter Egg Hunt – asked Council to remember if Chief’s cost factor does not defray all costs involved with event, it would fall to the taxpayers to pick up those costs (Mayor Barrella: spoke to Chief and no other group has ever been charged $11; PTO pays $50 for officer at dances; Former Councilman Dixon: Board of Education policy requires them to have a Police Officer and they request same) asked Council to keep in mind, while they are voting, that everyone else pays these fees and that either the business underwrites these fees or it falls to the taxpayers to bear the cost.
Ron Gasiorowski, special Counsel for Jenkinsons: submitted those applications without prejudice because it was their position that they didn’t have to – with regard to fees, it’s their position that the Easter Egg Hunt and Parade are part of activities that have probably been going on for over 50 years – a fee has never been charged and is inappropriate for these events.
Former Councilman Dixon, PPB: asked if this was considered a special event – if reduced Police fee is good enough for Chamber of Commerce, it’s good enough for on the beach.
Ben Dispoto, PPB: perplexed – Mr. Gasiorowski claims that if you’re doing something for 50 years and didn’t pay for it, you shouldn't ever – all kinds of fees get raised by everybody, such as license fees and income tax – have conflict that asking for fireworks for 125th Anniversary Celebration and don’t think they have to apply – celebration is definition of special event (Mayor Barrella: their applications were sent to town without prejudice, basically under protest, because they believe that Jenkinsons does not have to submit an application for anything they do up there – it's a blanket exemption they have because it’s all part of the entertainment business) asked why the rules don’t apply to everyone – need to make these things clearer and write ordinances in plain English so there’s no wiggle room.
Ron Gasiorowski: not our position that each and every event which takes place at Jenkinsons Boardwalk is not subject to a license fee – there may in fact be certain events which are outside our normal business activities which would require the payment of a fee – for example, if Jenkinsons were to sponsor a cancer awareness event, which people came to and utilized the outdoor deck, we would be responsible for paying a fee because that is outside our normal business activities – we acknowledge that – so respectfully, you’re misstating our position – with regard to this issue of raising fees, we first have to determine, in the very beginning, that a fee can in fact be assessed – it’s our position that, under the existing ordinance, there is no assessment for normal business activities – if the fee is zero, it doesn’t raise – we pay taxes – our taxes increase every year as everybody else’s taxes – our position is very simple – it was not meant to apply to a business such as ours.
Council concurred that all items should be voted on separately.
Motion by Councilman Hennessy, to approve ABC Social Affairs permits for Frankie’s on 5/21/11 & 5/22/11, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Councilman Corbally….NAY

“Approval of Police fees for Jenkinsons Easter Egg Hunt” was considered.
Mayor Barrella: more logical approach would be to vote on whether Police fees should be imposed and, if approved, then determine the numbers.
Attorney Gannon: application is for a special event governed by 5-19.4 – two issues because you have two ordinances – attached is a draft of a calculation by the Police Department, indicating cost involved, based on opinion of Chief and past history – suggested doing an approval pursuant to 5-19 and fees are self-explanatory – or you can amend as to specialized Police fees for Boardwalk events as determined by the Chief.
Mayor Barrella: reiterated that Council should first determine whether it wants to impose Police fees.
Councilman Hennessy: Jenkinsons came to us with verbal agreement of $40,000 in fees for all special events – Chief was pretty happy about that number as it would take care of all the special events and help out with the SNAP program that Miss Halvorsen talked about – talking about double charging them if imposing another $440 – was at Boardwalk, during Easter Egg Hunt for over 3 hours, and saw a lot of Jenkinsons security while children were on line and on the beach – also saw security in the Pavilion, up and down the Boardwalk and by the rides – only saw 2 Special Officers once during that 3 hours – they were probably out enforcing parking – asked what the $440 charge was for.
Mayor Barrella: for services of 8 officers for 5 hours, as articulated by the Chief – the $40,000 figure is a number that bears no relationship to any kind of reality – if you look at the rate that the American Cancer Society (and others) pay, the number would be well in excess of the $40,000 – if Council wants to accept a $40,000 charitable contribution, must call it a charitable contribution, and don't think that money can be earmarked (Councilman Corbally: there was never an agreement at that private meeting) got to stop and think whether it is truly in the best interests of the municipality to allow one organization to dictate those ordinances that they believe to be valid – have no problem accepting a charitable donation that is not tied to anything with no strings attached – if the strings are that no applications have to be filed, that’s not acceptable (Councilman Hennessy: to me, that has nothing to do with it – if they’re not going to fill out the applications, you and Councilman Corbally are going to turn down $40,000) doesn’t think this is ethical, legal and maybe borderline criminal and, as such, doesn’t think he should be party to it.
Councilman Hennessy: brought it up because there is a $40,000 offer on the table which would include all these fees – spoke with Chief and this would cover all the event fees and he would be able to put specials in the neighborhoods on those busy nights – seems excessive to charge them $440 on top of the $40,000 – don't think they should be charged a fee for an event that they coordinated and policed – find it excessive.
Councilman Dyer: sounds like the Police presence was, as it should be, in the parking lots and enforcing the laws in that respect – don't know why, from a security standpoint, we would need a huge presence on the Boardwalk for that event – do know there’s a number of people coming into the town, so we do need them to enforce the other aspects, that we derive revenue from – asked if they were ever charged any kind of fee in the past for these events (never filed any application, so not charged a fee).
Mayor Barrella: asked Lt. Dikun if he did the scheduling and if those 8 officers were put on for this event (were put on for the event – not going to be dedicated 100% to the functioning of the Easter Egg Hunt – dealing with the problems of the extra people that the event brings into the community – those officers would not have been on if this event was not scheduled) clarified that, if it is Councilman Hennessy’s position that this municipality should accept $40,000 in lieu of the filing of applications, that other organizations have to file, then I would agree with you, that if this Council votes to accept that $40,000 and exempt Jenkinsons Corporation from filing, that there should be no additional charge for those events that were intended to be covered by that $40,000 – then you’ve tied the two of them together (not what I said) if you’re saying that the $40,000 contribution comes in, the right answer is thank you Jenkinsons Corporation for your donation, now where’s your special event application (that’s a separate issue) agree that no one can turn down a $40,000 contribution with no strings attached (only point, is that the Police fee is included in the $40,000) not happy once there’s a condition put on it because then they are receiving treatment that other taxpayers and businesses don’t get.
Motion by Councilman Dyer, to waive all special event and Police fees for Jenkinsons Easter Egg Hunt, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Councilman Corbally*….NAY
*Councilman Corbally: wished to go on record that he thinks other council members are breaking the law.

“Approval of Jenkinsons special event application for Easter Parade, including fees” was considered.
Motion by Councilman Lurie, that ‘Easter Parade’ not be considered a special event, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Councilman Corbally….NAY

“Approval of Jenkinsons special event application for fireworks, in conjunction with PPB 125th Anniversary Celebration, with waiver of fees” was considered.
Councilman Corbally: asked Jenkinsons to end the night with fireworks – would need permission to have after 10PM – need to know now to put on schedule of events
Motion, by Councilman Dyer, to approve Jenkinsons application for fireworks permit, with waiver of fees, and to hold fireworks after 10PM.
Mayor Barrella: fact that it’s happening after 10PM is not listed – residents who live on or in close proximity to Boardwalk might object to waiver of noise ordinance without having an opportunity to comment.
Councilman Corbally: reason it’s after 10 PM is that the Chamber books bands, at $15,000 each, for Jazz Fest up through 10 PM on Saturday – 125th Anniversary Celebration events are filling the time spots between bands – don’t want people leaving the Jazz Fest to go see fireworks until the Jazz Fest is over – asked that item be pulled.
Motion by Councilman Dyer, to approve Jenkinsons application for fireworks permit, with waiver of fees, and to hold fireworks at 9:45 PM, was seconded by Councilman Lurie and carried by roll call vote.
Discussion between Council Members Corbally and Dyer regarding the fireworks and interference with Jazz Fest; Mayor Barrella asked for clarification of fireworks location; Marilou Halvorsen: only place to set them off is on the beach – Jenkinsons agreed to provide, without charge, for culmination of town’s 125th Anniversary Celebration – time is not an issue, will accommodate; Councilman Dyer: can pass tonight and if organizers do not agree, can get together with Jenkinsons.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Councilman Corbally….NAY

COMMITTEE REPORTS:

Councilman Hennessy: Councilman Rizzo has been in hospital last 8 days, just came home last night – why he's not here tonight – asked that all keep him in their thoughts; thanked Recreation Committee, especially Bill & Carol Ammirata and Brett & Beth Gordon, for organizing the town Easter Egg Hunt; thanked Jenkinsons for their Easter Egg Hunt on the 17th – met people from all over the state of NJ there.

Councilman Corbally: No Report

Councilman Lurie: construction department is up $30,000 over last year; received notification that the Boro will be hosting a meeting on shared services, regionalization and unification with neighboring towns on Monday, May 9 (Attorney Gannon: must be less than the quorum of Beach governing body in attendance; Mayor Barrella: will go as Mayor provided other Mayors will be attending – asked Administrator to follow-up); have spoken about drafting a procedure on drafting of ordinances – to have committee review beforehand – will have draft of procedure for Council to review at next Council meeting.

Councilman Dyer: received petition from residents regarding safety problem on Marcia and New York Avenues – would like to add yellow curbing there; provided document to Clerk for ordinance draft and attorney review of same.

Mayor Barrella: attended meeting in Jackson today – unfortunately, the Governor did not field as many questions as he would have liked – interesting and insightful; aside from $450,000 received from Green Acres, received grant approval for Woodland/Walnut street paving; discussed with Borough Engineer extending work on Niblick to address some serious problems on Cooks Lane – asked Administrator to follow-up and get firm numbers; need to give notice to the Boro that we are either going to terminate the court agreement or engage in discussions regarding modification – asked if we requested meeting and have they responded (spoke with Boro’s attorney and emailed Boro’s Administrator – received response that Mayor Shroeder would not be available until early May and asked to have someone attend on his behalf) have talked about need to modify – also discussed fact that our agreement would prohibit dual physical location of court – good concept, but some of the details need to be rectified (Councilman Dyer: asked if part of agreement was for Police Officers – Pt. Pleasant was to hire a couple of specials and the Beach was to reimburse) was not written into the original agreement – Attorney Riordan was to contact Boro’s attorney about same.
Councilman Lurie: asked if road behind bank was town road as it’s a wreck (been patching – should make list of areas to address and combine into one ordinance).

Administrator Riehl: Attorney is currently working on bid specs for Cooks Lane property sale; reverse 911 system specs are almost finished; met on traffic signal cameras, identified four locations and engineer is finalizing bid specs; turtles that hibernated in the Beach have awoken and been returned to the lake – those housed elsewhere are still in hibernation, but anticipate them returning soon.

PUBLIC PARTICIPATION PERIOD OPENED AT 10:22 PM.

Mike Van Kralingen, PPB: seasonal resident – unhappy with ordinance on garbage collection – creates problem because he’s not here on Monday mornings – spoke to others in the same position – can no longer take advantage of garbage collection – understand other towns have similar ordinances, but other approaches – do not want to put out bags in contravention of the ordinance (was discussed during caucus – will be meeting to discuss problems).
Dave Cavagnaro: thanked DPW, on behalf of Beautification, for debris cleanup from gardens and mulch; thanked Administrator Riehl and Lynne Zupko for getting the lights working on Parkway; regarding debates on special events and businesses, licenses are reasonably specific on defining normal business operations – can't imagine any license allowing Easter Parades, they are not wide open for anything – there are safety issues for these events, especially fireworks – have to decide who’s in charge, the Council or big business with a lot of money.
Anne Lightburn, PPB: Shade Tree Commission received shipment of 14 enormous trees – they arrived this morning and delivery did not mean offloading from the delivery trucks – thanked Administrator and DPW for helping get them off the truck – tree with planting and gator bag costs $300 – going to do in both spring and the fall; received grant money for trees from a business owner – sent letters to residents on two streets that were targeted; sat through a lot of the discussion on fees and ordinances – already had an ordinance on the books that was going to be tweaked – need to sit down and look at these ordinances – right now, have an ordinance you’re not enforcing – if you don't want it, change it, delete it – only put it to bed for this year (Councilman Dyer: clarified his position – has been enforced as to intent of the way it was written for the last 16 years) think it needs to be clarified.
Kristin Hennessy, PPB: asked what happened to first public participation period (totally got away from the reason it was created for) it was abused (was created specifically for people like Mr. Van Kralingen) Council needs to revisit standards – not fair that he had to sit here for 3 hours to get to that one item – think garbage ordinance is great, could use a little tweaking to meet everyone’s needs a little better – items that affect residents’ quality of life should not have to wait until end of meetings – should be able to speak their mind, state their issue and go home – would like to see Council reinstate with set parameters; was going to suggest that fireworks could be held between breaks in festival – lost sight of the concept – how many municipalities have celebrated 125 years – have a business that donated fireworks – thanked Councilman Dyer for his compromise.
John Bezerra, PPB resident and Chamber of Commerce Director: not too happy with fireworks time of 9:45 – if possible to change schedule, will do so – would be better to have after 10 PM – if Jazz Festival doesn't work out this year, cannot have it again (Councilman Dyer: wasn’t listed on the agenda for after 10 PM – have no problem with putting it back on the agenda to have at 10 PM – will speak to Jenkinsons about new application for 10 PM); spoke about rationale for not charging Jenkinsons and charging others, including Chamber, for officers for their events – asked what he's missing – believe all those in community deserve a break – asked about rationale for charging one community group $15 and another $11 (Councilman Hennessy: my rationale was simple – the $40,000 Jenkinsons is donating would handle those fees) they do a lot for the community – should be giving them same break as the Chamber – don’t think $40,000 will cover all the Boardwalk events (Councilman Lurie: asked if Chamber was given a break on officers and if they picked up their own garbage) yes to both (goes into our trucks and town still pays the tipping fees, which is a large cost; Councilman Lurie: added $5,000 to the Christmas budget last year) Chamber is paying for officers they use at the Seafood Festival (Councilman Dyer: talking a couple of different things – seafood and jazz fest is virtually all on public property – town gets changed with street closures – asked if it would be fair to tell him he would have to pay if he was having a wedding on his property with over 200 people – don’t believe Easter egg hunt places any extra burden on the Police Department – just the raw number of people that are there) don’t believe a wedding puts a burden on the town – don't think they should be charged a fee to file and another fee for the cops – should be charged a fair value for what they use – need to charge the same amount.
Mike Ramos, PPB: sat through large portion of this meeting – decision was made based on $40,000 donation, but heard the attorney say several times there was never an agreement made – the representation they had here must have cost over $1500 to get $440 waived; happy about the turtles.
Melissa Barrella, PPB: Councilman Hennessy said he spoke to Chief about the $40,000 and he said he was happy – Chamber pays for DPW at seafood fest, asked if anyone talked to DPW Superintendent about the $40,000 (Jenks take care of cans on Boardwalk) Lieutenant said that a lot of the things the officers did during the Egg Hunt was on the streets and in our parking lot, so you can’t say this event is contained to their private property, so it doesn’t affect us; cited court case that was precedent before Brown v Board of Education – just because it’s precedent now, doesn’t mean you don’t change it if it’s wrong.

Motion by Councilman Corbally, to adjourn the meeting, was carried by consensus of those present.

The meeting was adjourned at 10:54 PM.




Attest: Maryann Ellsworth, Municipal Clerk


Published May11, 2011 | Council Minutes | 1207


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