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May 10, 2011

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31 PM with Mayor Barrella and Council Members Tooker, Hennessy, Corbally, Lurie and Dyer present. Councilman Rizzo was 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 contractual (court shared services and police health insurance); potential litigation (seasonal rentals); two personnel (police certification list and promotions); litigation (ACLU); and attorney client privilege (procedure) matters was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Closed session began at 6:34PM and ended at 8:02PM.
Mayor Barrella called the regular meeting to order at 8:06PM. Present were Council Members Tooker, Hennessy, Corbally, Lurie and Dyer. Councilman Rizzo was absent, as he just returned home from the hospital. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman Corbally, to approve April 19, 2011 Council meeting minutes, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA
Councilwoman Tooker….Abstain

Administrator/CFO Riehl: explained the Refunding Bond Ordinance - must fund Jenkinsons’ tax appeal through the sale of Bond Anticipation Notes (BANs) – application must be in next week to be heard at June Local Finance Board meeting – must be done as quickly as possible, because Borough is converting BANs to bonds this year.
Councilman Corbally: asked CFO Riehl for total refund amount (cannot bond for refunds for 2011 – in this bond ordinance, roughly $564,000 is attributable to 2009/2010 – 2011 is roughly another $147,000 – overall refund is in the range of $711,000).
Mayor Barrella: bond ordinance is $585,000 - called DCA Deputy Director Mark Pfeiffer and Borough Auditor, Warren Korecky – as per Mr. Pfeiffer, the Borough cannot bond for 2011 - if the Borough did an emergency appropriation and funded it through notes, the notes would become the cap waiver for next year – must figure a way to get a waiver for $150,000 of additional monies for 2011, or looking at 12-13 furlough days, based solely on this year’s Jenkinsons’ appeal – that’s in addition to this bond ordinance – important to move reassessment along (Councilman Dyer: if borough reassesses, people who filed and were granted tax appeals will pay a higher percentage on a lower amount; Councilman Corbally: asked how the rest will be paid, going forward) understands, from Mr. Pfeiffer, that an emergency appropriation should be done, before they become credits on the fourth quarter tax bill – pay them, but fund them with notes – then the notes are outside the levy cap next year – levy cap used to contain a waiver for uncollected taxes but that no longer exists – if the $140,000 is within the cap, it’s a killer; if it’s outside the cap, it’s .6 cents on the tax rate, but it doesn’t wreck the entire budget process – asked Attorney Gannon if a motion can be made to introduce.
Attorney Gannon: advised Council to do a motion to amend the agenda, to provide for the introduction of the ordinance – Clerk can read it by title only.
Councilman Lurie: asked how much the Borough is currently bonding and how much Borough can safely bond for without affecting rates; Councilman Dyer: asked what the Borough’s debt service is on $10 million; Mayor Barrella: two choices – either approve this or do an emergency (Borough may not have enough surplus) – it’s got to be paid.
Motion by Councilman Lurie, to amend agenda and introduce Ordinance 2011-17 (Refunding Bond), was seconded by Councilman Dyer and carried by roll call vote. The public hearing will be held on June 21, 2011.
VOTE: Council Members Tooker, Lurie, Dyer….YEA
Councilmen Hennessy and Corbally….NAY

Councilman Lurie: was authorized to meet with Borough Attorney to streamline the ordinance process – distributed a memo to Council for review prior to next meeting – Attorney recommends setting up a caucus for initial discussion – Council committee would then create the ordinance, which would be reviewed in draft form prior to introduction.
Mayor Barrella: proposed procedure would take a minimum of 4 meetings to effectuate an ordinance change – with meetings three weeks apart, looking at 3-month minimum.
Councilman Lurie: will give Council more chance to comment and work out bugs in advance, so it’s not going back and forth, introducing it twice and expending money twice.
Councilman Dyer: addresses the problem of Council addressing things on the dais and making changes along the way – takes a lot of time – with this procedure, when the ordinance comes up for a vote, it will be buttoned up and the right ordinance for the town.
Councilman Lurie: recommended pushing meeting time to 6PM so Council can work out issues.
Attorney: conceivably, could do it in a month, or 3 meetings, if it’s formulated first – have to know the talking points and the policy behind it before we do that – but once done, you could put it on for a workshop session, discuss it, and introduce the same day – so, there are shortcuts built in.
Councilman Corbally: in favor of the pre-ordinance to get everyone’s input – concerned about isolating it to just the 3 Council Members on the standing committee.
Attorney Gannon: that’s why, eventually, everyone would look at it – but generally, once you have 3 people on board, you’d have a foundation – can work in committees or on an ad hoc basis.
Councilman Corbally: asked how Ordinance 2011-16 would have been done under the proposed system (Attorney Gannon: whoever had the appropriate jurisdiction would have looked at it, seen if there were any issues, vetted it with the appropriate department heads – this ordinance is more of a ministerial –type thing [per Clerk Ellsworth, it came from Ocean County – Sgt. Otto (the Traffic Safety Officer) and Attorney Hiering worked on it] not setting policy, just making legal what you already have – we’re discussing new ordinances now – new policies – want to avoid the expense of publishing after first reading and then making changes at the public hearing.
Mayor Barrella: that makes sense, but if this procedure were in place, we would still be talking about raising licensing for amusements and games – would have been in week 9 of a 12- week process, assuming it didn’t get killed in committee – would not have gotten to public input.
Attorney Gannon: anyone can raise an issue to be made into ordinance, then it would be sent to the appropriate committee – then it becomes a question of how Council wants to proceed.
Councilman Lurie: asked Council to review and comment.
Attorney Gannon: questioned protocol adopted last year (Mayor Barrella: it’s dead at this point as it was adopted by resolution).

Clerk Ellsworth: addressed correspondence from Europa South regarding change to ABC proximity ordinance, including traffic impact assessment provided by KZA.
Mayor Barrella: should either be brought to Attorney Gannon for review or introduced on first reading – both Mr. Bezerra (Europa South) and the objector, who sent a letter, deserve an answer.
Councilman Hennessy: should be voted on tonight, instead of wasting tax dollars for attorney review – could be voted down; Councilman Dyer: if Council doesn’t move it to a vote, it’s dead; Mayor Barrella: or you can vote to put it to bed – people are entitled to know Council’s position, through vote.
Motion by Councilman Hennessy, not to amend current (ABC Proximity) ordinance and not to have the Borough Attorney review proposed amendment, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Councilmen Hennessy, Lurie, and Dyer….YEA
Councilman Corbally….NAY
Councilwoman Tooker….Abstain

Borough Engineer Savacool: investigated the sewage holding tank at the head of Central Avenue, east of Ocean Avenue, at Council’s direction – provided Council with report and photographs – 80-90 years old – still fairly sound – no indication of catastrophic failure in the near future – can’t evaluate side walls without evacuating water – couldn’t find decommissioning report, but assumes the plant was decommissioned and sludge removed – after contacting OCUA, recommended testing the water to see if it can be discharged to the storm water system and save sewage treatment costs (Councilman Dyer: asked if the water strengthens the tank) the tank, prior to decommissioning, was completely evacuated regularly in winter – owing to that, and assuming there hasn’t been substantial degradation since, would think the tank could be evacuated and it would be okay.
Councilman Corbally: asked why anything has to be done – it’s been there a long time and doesn’t seem to be falling in; Councilman Lurie: think it was to determine if the roadway structure was safe, with a cave underneath; Mayor Barrella: asked if it’s like a mine cave-in – you don’t know that there is a problem until the mine caves in.
Mr. Savacool: can make reasonable assumption, based on investigation, that it does not appear the tank is in immediate danger of failing – walls appear to be structurally sound up to the level of the ground water – next step would be to evacuate the tank to evaluate the walls – or Council can say that, based on what could be seen, what is underwater should be okay – evacuation, physically, is not a big deal, but would need a DEP Storm Water Discharge Permit.
Mayor Barrella: confirmed that options are do nothing, evacuate, or fill in (Mr Savacool: yes – or at least start putting aside funds to fill in – most expensive option); Councilman Lurie: asked for Mr. Savacool’s opinion on the roadway structure.
Mr. Savacool: only real area of concern is the efflorescence underneath, which is basically calcified stalactites/stalagmites – has potential to erode the concrete or rebar inside, eroding the structure itself – for long-term viability of the concrete lid, would recommend remedial work on the roadway – there is concrete swelling on the corners of the lid – establish program to take those out and seal coat the entire structure, limiting the amount of water infiltration.
Mayor Barrella: asked Mr. Savacool to get a price and as many bids as possible.
Motion by Councilman Dyer to authorize testing the cover, ensuring the roadway is safe, establishing the cost to fix, subject to cost of verification and approval, and if Council doesn’t like what Mr. Savacool brings to the table, getting input from Mr. Berens or somebody else, was seconded by Councilman Lurie.
Attorney Gannon: as long as everyone is clear, motion is not needed.

Engineer Savacool: Lake of the Lillies dredging is near completion – was asked to estimate shoreline enhancement and restoration – Governing Body not interested in using herbicides to eradicate invasive species, so at Governing Body’s discretion and, if funds are available, material would be excavated and removed, with clean material brought in to replace it – removal becomes costly with trucking, so estimate was revised, based on limited portions – also investigated using Ocean County separation machines, which would reduce or eliminate trucking costs – put two cost estimates before Council – full excavation/soil replacement and partial excavation/soil replacement (Mayor Barrella: asked how phragmites would be eliminated altogether) only through enhanced maintenance – would require bid specifications and 2-year service maintenance agreement, assuring that any grow-back would be removed – after that, would have to fall to some civic organization – recommended entire lakeshore be restored and it be bid on a menu item basis – need authorization from Council to prepare plans.
Councilwoman Tooker: asked why phragmites weren’t removed during lake draining (lakeshore concept plans were prepared about 6 years ago – divisive issue among stakeholders – in order to move forward, focused strictly on dredging permits) phragmites must be eradicated (they will grow back, but the more that are taken out, the less maintenance would be required).
Mayor Barrella: confirmed the cost to do bid specs ($30K); Councilwoman Tooker: still money left in the bond and lake dredging was less than anticipated; Councilman Corbally: asked if geese fencing would be on both sides of the plantings to keep geese from ripping out the new plants (over the top of the plants – kind of like a mesh); Councilwoman Tooker: need to stop lake from being degraded in the future – there is a long stretch of grass on private property – have to work with homeowner’s association to put a buffer there to help deter geese, filter pollutants, etc.; Councilman Dyer: would like cost of any private area like Elizabeth-Blodgett and Washington Avenue, broken out separately.
Mr. Savacool: most of the lake and lakeshore, except Elizabeth-Blodgett, is publicly owned – permission would be required to remove phragmites from private property like Washington Avenue.
Motion by Councilman Lurie, to authorize Engineer Savacool to prepare lakeshore restoration bid specs, with specified alternatives and Councilman Dyer’s caveat, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie and Dyer….YEA

Engineer Savacool: generators outside Ocean Fire Company #1 haven’t been installed – fire companies bid to have them installed at both firehouses, but there were problems with the bids – was asked by the Administrator, at that point, to provide scope/cost to prepare plans and bid to install them – would prepare the electrical and foundation plans for each of the generators and oversee the construction phase – location of the generator in the lot is Borough property – if they cannot locate another spot, Borough would have to grant them easement – would have to evaluate for flood and make sure it’s above elevation – if they were to design a pedestal, would probably be 2 feet above existing grade.
Motion by Councilman Corbally, to authorize the Borough Engineer to prepare plans and bid specs for installation of fire company generators, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie and Dyer….YEA

Mayor Barrella: directed Clerk Ellsworth to move the three items above, voted on by Council, to the Consent Resolutions to be voted on again since discussions were not open to public prior to votes.

Carol Vaccaro, PPB Chamber of Commerce Director: asked what Chamber’s special event fees were for (Public Works fee and street use fees) asked that fees be waived, as Chamber cleans up after events.
Mayor Barrella: seems that all Chamber events relate to their business of promoting businesses – doesn’t know what would be considered a Special Event for the Chamber.

Special Projects Engineer Berens: submitted detailed proposals for Phase I Sanitary Sewer Rehabilitation Project - $700K, and Phase II Study - $2.2 Million (Councilman Corbally: asked what’s been done so far) cleaned and televised entire sewer system during rehabilitation - prior to that, were contracted to do inspection – found collection system was virtually failing – heavy grease and sand – during the study, found many areas ready to fail/streets ready to cave in – did emergency repairs (Councilman Corbally: asked goal of the proposal) 90% is structural repairs – system filled with sand because of holes in the pipe – cement pipes have been eaten away because they haven’t been maintained – goal is to get pipes in shape, eliminate infiltration, and effectuate structural repairs (Councilman Corbally: asked if outtake will be less and about monetary benefit to taxpayers) will see the system working properly – a pipe on Arnold Avenue was only 4 inches in diameter because of heavy grease and sand – same all over town – have changed ordinances to try and solve the grease problem – roots are growing through and blocking pipes on the western side of town – they were cut, but when cut, they grow back heavier –have to be killed and sealed off - some infiltration will be eliminated – have approximately 300,000 gallons/day, which is not extremely heavy – but it is everywhere and it’s seasonal.
Councilman Dyer: asked what that costs (about $3800/million gallons);
Councilman Lurie: asked how much it would be reduced and about issues with broken laterals (Point Pleasant Beach doesn’t own the laterals – can repair sewer system and start telling homeowners if there is still infiltration) asked how much emergency repair was done - could go back to a 3-year average, getting BTMUA flows coming into town and see if there’s been a change (doesn’t work like that – system is old – terracotta pipes, 3-foot joints, cracked and broken – unless every joint is repaired, won’t see anything); Councilman Corbally: asked, what would happen if nothing is done; Councilwoman Tooker: didn’t go forward last year because couldn’t bond for it – now we can bond and get it done; Councilman Corbally: thought infiltration was the major problem and this would save on everyone’s sewerage bill.
Mr. Berens: will get some savings, but not enough to support the project – have more problems than that – cleaned out grease in the first study and, in the second study, the grease was even heavier – grease mixed with sand is like a rock – hard to remove (Councilman Lurie: asked for geographic limits of Phase I vs. Phase II) Phase I is based on areas with most infiltration, roots, etc. – Phase II is the remainder of town (Councilman Lurie: asked if Mr. Berens could do just Phase I plans and specs on construction, since Borough has to go out to bid anyway and could re-evaluate inspection at that time) construction and inspection is based on estimated hours [Councilman Lurie: town doesn’t have money to keep doing estimated fees – have to lock in to a lump sum contract, like Long Branch does – doesn’t think Phase I & Phase II can be done at the same time – doesn’t know how Borough would pay for this (bond ordinance)].
Mayor Barrella: chopping up the project – shouldn’t allow streets to collapse rather than collect fees; Councilwoman Tooker: long overdue – bonding out of utility – a capital project.
Administrator Riehl: if Council wanted to authorize the design/spec phase, engineering fees could be attributed to the water/sewer utility – when you have the spec, you’ll know what to bond for.
Mr. Berens: estimated Phase I & Phase II for design and construction – would save by putting both phases together – or could set a budget every year.
Mayor Barrella: confirmed that what Mr. Berens has laid out is work that needs to be done throughout town, engineering costs, and estimates for the work - cost benefit to bonding now for Phase I & Phase II repairs - suggested that this project could be bid in steps, like Lake of the Lillies project (that is virtually what is in the proposal – can’t beat this environment – the best contractors are the only ones left – will never get the low prices as now – and financing is the best it’s ever been), asked Ms. Riehl to tie this together with the financing and timing of what Council needs to do – have to authorize preparation of a bond ordinance, as well as going out to bid (yes), Council would not have to accept the bid (correct – would also have to go out to BAN’s immediately because there is only $107 in the water capital bank account), asked for Ms. Riehl’s recommendation - asked if Council needs to authorize drafting a bond ordinance if it authorizes going out to bid (Attorney Gannon: BAN’s or bonds – would have to have a commitment to eventually pay for it) don’t have to use that money either.
Council consensus was to move this item to agenda for public comment.

Amendment to Ordinance 2011-14 (Traffic Signal Cameras) was considered on second reading. The public hearing was held with no member of the public wishing to be heard.
Motion by Council Dyer, to close the public hearing and adopt Ordinance 2011-14 as amended, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Amendment to Ordinance 2011-16 was introduced on first reading. Motion by Councilwoman Tooker, to adopt Ordinance 2011-16 as amended, was seconded by Councilman Hennessy and carried by roll call vote. The public hearing will be held on May 31, 2011.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Councilman Corbally: asked that items 1/m and 2/e in the following consent resolutions be removed for separate consideration – asked where motorcycle was to be placed on Boardwalk and about ‘United by Blue’; Councilman Dyer: asked about noise ordinance relief request from ‘Stop & Shop’; David Cavagnaro, Point Pleasant Beach (PPB): asked if ‘United by Blue’ would be addressing the goose excrement while cleaning Lake Little Silver – asked about Building Department fill-in personnel – asked why St. Peter has to fill out Special Event applications when Jenkinsons does not; Representatives from ‘Stop & Shop’: met with Code Official Petrillo – will consist mainly of restocking, painting – asked to expand request to set up tent, for workers to eat in, in parking lot; Ben Dispoto, PPB: asked who would be filling in for whom in the Building Department, during absences.
Motion by Councilman Dyer, to close public participation, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA
Councilman Hennessy: asked about fees for St. Peter’s; Councilwoman Tooker: asked about Maryland Avenue Beach lease bid.
Motion by Councilman Corbally to adopt resolutions covering items listed below was seconded by Councilman Hennessy and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Payment to Ronan Agency for Recreation accident insurance policy ($2920.50)
b) Approve Elks ABC Social Affairs Permit for fluke tournament on 7/22 & 7/23
c) Payments to Galvin Law from Board of Adjustment accts ($2910)
d) Payment to Cole & Associates from Board of Adjustment escrow ($1300)
e) Payment to Schulman, Wiegmann from BOA escrow ($1550)
f) Installment Payment to OC JIF for 2nd half of 2011 ($232,659.41)
g) Payment to Galvin Law Firm from Planning Board accts ($837.50)
h) Approval of junior membership in Fire Department (2)
i) Water/Sewer bill adjustment (3 accts)
j) Payments to T&M Associates from escrow accts ($1037.50)
k) Approval of St Peter PTA special event application for car and raffle ticket sales on the
Boardwalk contingent upon adherence to Boro Engineer’s recommendations
l) Approval of Payroll #9 ($231,062.30)
m) HELD for separate consideration (Memorialize date and time change for 125th
Anniversary Celebration fireworks )
n) Payment to Gray Supply for reimbursement of payment made in error ($10,000)
o) Approval of Ocean Fire Co #1 request for motorcycle & raffle sales on Boardwalk
p) Waiver of municipal portion of raffle fees for Ocean Fire Co #1
q) Approve Stop & Shop request for relief of noise ordinance
r) Approval for United by Blue to clean Little Silver Lake on May 14, 2011
s) Appointments of individuals to perform duties during absence Building Dept personnel
t) Payment of tax appeal refund ($17,731.51)
u) P O to Interact Public Safety for police mobile computer upgrades & maintenance
($5713.20)
v) Payment to State Health Benefits for May ($102,778.27)
w) Payment to Winner Ford for 2011 police cruiser ($23,318)
x) Payments to American Uniform for special officer uniforms ($7503.41)
y) Authorization to re-bid Maryland Avenue beach lease
z) Award of contract to Martin A. Ackley Assoc for Channel Drive asphalt coring and testing
($1500)
CONSENT RESOLUTION 2:
a) P O to Fire & Safety Services for mechanical work on engine ($3423.33)
b) Payments to T&M Assoc from escrow ($3225)
c) P O to Continental Fire & Safety for lift bag set & relief valves ($3966.12)
d) Approval of computer generated vouchers ($104,718.23)
e) HELD for separate consideration (Approval of ABC Extension Permit for Elks Lodge
#1698 on 5/21/11)
f) Payment of second quarter 2011 installment to OCUA ($325,125)
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Clerk Ellsworth: added the following items to the agenda for action; discussion ensued between Council members regarding bonding for I&I project, including Bond Counsel fees - consensus was to wait as there was some concern with self-liquidating status of water/sewer utility and miscellaneous costs; Dave Cavagnaro, PPB: asked about review of rental ordinances; – asked about installation of external generators - asked if any other places have generators that are not hooked up, specifically schools that are used for evacuation – in regards to 3/g, asked why Chamber has to fill out Special Event application for sidewalk sales, but Jenkinsons does not when it is utilizing the public Boardwalk – asked about cost of geese fencing in 3/e – if we’re going to spend $15,000-$30,000 to protect plants, and the same geese are dropping excrement everywhere else in town, isn't it more cost effective to spend $8,000-$9,000 to bring in the USDA to eradicate problem – they are an invasive element that is harming our environment; Vince Castin, PPB: asked why Council is paying for the generator installation – expressed concern regarding bonding – have $10M out and considering adding $3M - pay interest on it and still leaves bonds to be paid back eventually; Jean Cronin, PPB: expressed concern that generators still work (tested) - spoke about rental ordinance changes – lives in area that has many rentals – been gross problems, particularly with ‘animal house’ issue – important to expand or extend, as rentals do not just start May 15th and end September 15th – have those who do weekly rentals and other terms, not just in summer –need to make sure what's done is not harming residents’ quality of life - bothers her that a rental owner would work against the peace and tranquility of a neighbor who is a full-time resident, and his renters might jeopardize the safety and continuation of her positive life experience at home; John Moeller: owns properties on Arnold Avenue, along with Bob Schwartz, and believes Mrs. Cronin is referring to their properties – they sympathize and agree she should not feel harassed – in favor of law enforcement and issuance of tickets, but want to be treated as everyone else in town - if going to revamp, need to look at State enabling legislation (40:48-2.12), which states you can’t go beyond May 15th through September 15th - legislation specifies posting of bond, but don't see anything in this legislation regarding fines and revoking rental licenses - think Borough ordinance is susceptible to challenge in superior court - have rented to 3 dozen prom goers in the last 3 years and 33 of them came and went with no problems - in terms of tumultuous conduct, family groups engendered more tickets – ordinance is not geared to what's going on inside the house - going to install video and audio surveillance to monitor tenants from remote site to alleviate credibility issues - will call police if they are acting up [Attorney Gannon asked Mr. Moeller to give spelling of his last name, which properties were under discussion (201, 203 and 205 Arnold Avenue), if he resided at any of those properties (no), where he did reside (in Point Pleasant Borough with a law office located on Bay Avenue in the Beach) and if this information had been provided to the Police Chief]; Ben Dispoto, PPB: asked why the $150,000 for 2011 (tax appeal) expenses wasn't anticipated in the 2011 budget - doesn't seem right that it should be bonded – claimed that fire generator issue portrays sad comment of why government doesn't work – regarding Chamber request, only starting to see havoc that was wreaked by fiasco at last council meeting – Councilman Lurie complained that $10,000-$15,000 Bond Counsel fees were tremendous, but Council gave away almost $100,000 three weeks ago; former Councilman Carey, PPB: during tenure on Council, the State enacted legislation, allowing towns to adopt ordinances to allow police to go onto private property to investigate underage drinking and hold the homeowner responsible – should be one of the Beach’s ordinances.
Motion by Councilwoman Tooker, to close public participation and adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by roll call vote.
CONSENT RESOLUTION 3:
a) Authorize Borough Attorney and Code Enforcement Officer to review rental ordinances
and draft amendments for same – Closed Session Item
b) Appointment of Kevin O’Hara as Police Chief and authorization for Clerk to certify same
with the N J Civil Service Commission – Closed Session Item
c) Authorize application to Local Finance Board for approval of Refunding Bond Ordinance
and maturity schedule
d) Authorize Borough Engineer to proceed with testing of roadway integrity, over underground
sewerage treatment plant, and to provide cost estimate for same and on option #2 of proposal
e) Authorize Borough Engineer to provide specs, including alternates for private property, and go out
to bid on Lake of the Lillies shoreline restoration
f) Authorize Borough Engineer to prepare plans and specs and to go out to bid on installation of external generators at the fire company buildings
g) Waive all special event application fees, with the exception of police fees, for all Chamber of
Commerce events for 2011
h) Approval of Recreation Committee special event application for “Family Smores’ Night” at
Maryland Avenue Beach on May 29, 2011
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

CONSENT RESOLUTION 4 (Memorialize date and time change for 125th Anniversary Celebration fireworks) was considered.
Dave Cavagnaro, PPB: asked why Council was voting on this item, as a new application had not been filed.
Councilman Corbally: wish Jenkinsons counselors were present, as Mr. Gasiorowski claimed in his letter to the Mayor that his clients have in the past, and will in the future, adhere to existing Borough ordinances and State statutes – still refuse to fill-out applications – WPLJ event on the Friday of Memorial Day weekend (draws more crowds and) is worse than the Polar Bear Plunge, for which Jenkinsons never filled out applications, and for which they do fill out applications in Seaside Heights – this Council is going to let them walk away without filling out these applications – plus, they are still building east of the Boardwalk – were cited this week and told to cease and desist – that’s not a new law – they keep telling us they abide and they don’t – this is a mockery, both last week and now – obvious Council doesn’t care about the residents, but about the businesses and special interests.
Carol Vacarro, PPB Chamber of Commerce Director: thought they had approval – it’s been advertised and on the radio – it’s not that simple – Jazz Fest is a $50,000 event.
Motion by Councilwoman Tooker, to close public participation and adopt resolution, contingent upon application resubmission, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA
Councilwoman Tooker: asked that Council discuss Memorial Day event and the Mayor asked her to hold off until her committee report.

CONSENT RESOLUTION 5 (Approval of ABC Extension Permit for Elks Lodge #1698 on 5/21/11) was considered.
Ben Dispoto, PPB: asked when Council was going to draw the line on public alcohol consumption.
John Bezerra, PPB: asked where their property line and boundary were for ABC purposes.
Motion by Councilwoman Tooker, to close public participation and adopt resolution, as listed above, was seconded by Councilman Lurie and defeated by roll call vote.
VOTE: Council Members Tooker….YEA
Council Members Hennessy, Corbally….NAY
Council Members , Lurie, Dyer….Yes to the back porch, but no to the front porch
At this point Councilwoman Tooker amended her resolution to approve extension of premises for 5/21/11 to only the back porch with no alcohol consumption or service on the front porch, thereby rendering consensus to approve same.
Clerk Ellsworth clarified that Council was only providing extension approval to the back porch.

CONSENT RESOLUTION 6 (Authorize Special Counsel Riordan to resolve ACLU litigation, as discussed in Closed Session) was considered.
Vince Castin, PPB: thought ACLU situation was already settled – asked if what was done earlier today was part of the acceptance.
Attorney Gannon: don’t want to jeopardize offer by discussing same – scheduled for some sort of court activity tomorrow.
Dave Cavagnaro, PPB: asked if this is going forward because there are aspects to clarify or finalize, or because it is something that the person on the other side of the issue wants – asked if newspapers would report on what happened before the next Council meeting.
Motion by Councilwoman Tooker, to close public participation and approve resolution, as listed above, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie….YEA
Councilmen Hennessy and Dyer….NAY

Motion by Councilwoman Tooker to extend meeting 15 minutes died for lack of second.
Motion by Councilman Dyer to adjourn, was seconded by Councilman Lurie. Borough Attorney advised that there should be a public portion.

Motion by Councilman Dyer to commence Public Participation, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA


PUBLIC PARTICIPATION PERIOD OPENED AT 11:13 PM.

John Bezerra, PPB resident and Europa South Restaurant owner: spoke about requested change to the ABC Proximity ordinance – got knocked down before he or the public had a chance to speak – asked for opinions of Council – didn’t understand what happened –thought it would have at least gone to first reading.
Dave Cavagnaro, PPB: asked about status of Jenkinsons donation and filing of Special Event applications (Councilwoman Tooker: summer kick-off requires a lot of police – asked where application was for that event) complained that a multi-million dollar corporation gets to do what it wants and Council is not holding them accountable (Councilwoman Tooker: asked why there is no application, if that’s the existing law) asked if Council was in favor of requiring them to fill out applications and presented Council with Jenkinsons literature outlining their “2011 Special Events” – asked, if an arcade license entitles one to run an Easter egg hunt, fireworks, parade on the Boardwalk or movies on the beach – asked if one owns a bar, concession stand, skill game or amusement rides, if that license allows one to have fireworks or concerts on the beach – if Council is going to tell Chamber of Commerce that businesses cannot have sidewalk sales without a special event application, how can they tell a multi-million dollar corporation that they can use the public Boardwalk for parades and fireworks – asked if $40,000 offer was still open – at last Council meeting, Mr. Gasiorowski commented that his clients intend to abide by existing law and that they had received permission from the Zoning Board to hold weddings and concerts on the beach, but the two-part Zoning Board document found that the north pavilion had expanded since 1980 without proper site plan or approval, and they were given permission to have banquets, weddings and reunions on the roped-off beach deck area behind that business and not beyond – work was just being done on the pavilion without permit and they were issued a fine and stop work order, but the work is still being done – don’t know why this corporation of very, very nice people are allowed to consistently ignore the law that others are held accountable to – sooner or later, a group of residents will decide to litigate in order to get the Council to take action.
Phyllis Thomson, PPB: loves Martell’s, Jenkinsons and the Boardwalk, but what’s fair is fair – if everyone else has to fill out Special Event applications, they should too – hopes Council will get together on this – just because you donate money, doesn’t mean you don’t have to complete the application.

Motion by Councilman Dyer to adjourn the meeting was seconded by Councilman Lurie.
Councilwoman Tooker: haven’t resolved Memorial Day weekend kick-off; Mayor Barrella: don’t know if Council is going to resolve – will speak with Code Enforcement and Police – maybe the answer is that a ticket needs to be issued, and maybe we ultimately have to litigate; Attorney Gannon: the issue is whether it’s an event – Council will have to decide whether it is an event and if they wish to litigate.
Motion by Councilwoman Tooker, to table motion to adjourn and have the Borough Attorney review ordinance, was seconded by Councilman Corbally and defeated by roll call vote.
VOTE: Council Members Tooker, Corbally….YEA
Council Members Hennessy, Lurie, Dyer….NAY

VOTE (On Motion to Adjourn): Council Members Hennessy, Lurie, Dyer….YEA
Council Members Tooker, Corbally….NAY

The meeting was adjourned at 11:33 PM.



Attest: Maryann Ellsworth, Municipal Clerk


Published June01, 2011 | Council Minutes | 1215


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