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May 31, 2011

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31PM 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 one litigation (ACLU), one personnel and two contract (VFW, Public Works services) matters and approve closed session minutes, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Closed session began at 6:33PM and ended at 7:19PM.
Department head memos and correspondence were addressed with items moved to agenda for action.
Mayor Barrella called the regular meeting to order at 7:30PM. Present were Council Members Tooker, Hennessy, Corbally, Lurie and Dyer. Councilman Rizzo was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman Corbally, to approve May 10, 2011 Council meeting minutes, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Ordinance 2011-16 (Traffic Code amendments due to jurisdictional changes between Borough and County of Ocean) was considered on second reading. Public hearing was held with no member of the public wishing to be heard.
Motion by Councilman Corbally, to close public participation and adopt Ordinance 2011-16, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Ordinance 2011-18 (No Parking New York/Marcia Ave) was introduced on first reading. Councilman Dyer: met with area residents – people whip around corner of New York and Marcia Avenues, thinking it’s a cut-through to Bay Avenue – kids playing in the street – difficult sight line – requesting ordinance to put “no parking”/yellow strip around corner – thanked Administrator Riehl for meeting with residents and solidifying needs with DPW.
Motion by Councilman Dyer, to approve Ordinance 2011-18 on first reading, was seconded by Councilman Lurie and carried by roll call vote. Public Hearing will be June 21, 2011.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

RESOLUTION 1 (Authorization for Borough Engineer to bid ball field complex rehabilitation) was considered.
Dave Cavagnaro, Point Pleasant Beach (PPB): asked if Council will go out to bid if project moves forward.
Motion by Councilman Lurie to close public participation and authorize Borough Engineer to bid ball field complex rehabilitation was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Lurie, Dyer….YEA
Councilman Corbally….NAY

RESOLUTION 2 (I&I Option 1) and RESOLUTION 3 (I&I Option 2) were considered.
Administrator Riehl: don’t have funding for both projects – Council must decide which parts/phases to proceed with.
Councilman Corbally: haven’t understood this project from the start – did research and spoke to Mr. Berens – not really I&I, but sewer system maintenance – doesn’t understand why there is more water going out than coming in – questioned quotes and what must be done now.
Mr. Berens: did emergency repairs during the 2 studies – sewer system was cleaned for about $300K – must be maintained – larger cement pipes are potential serious problem – breaks will not go away – repairs can last 50 years – EPA requires operators to maintain system – cleaning advised every 3 years – last TV inspection was 1999 – sporadic repairs in 2006 – guesses last comprehensive repairs were done when plant was abandoned in 1970s – phases provide recommendations to repair the defects (Mayor Barrella: should focus on what’s most at risk in Phase I and Phase II) could try to break it down – not what he was asked for – set up priority list in Phase I – in Phase II, it was everywhere – don’t have to do it all at once (Mayor Barrella: clarified that if Council approved $700K for Phase I, Mr. Berens could spread that among projects within Phase I and Phase II) yes – miscellaneous work comes to about $850K – different ways to break it out.
Mayor Barrella: asked about the benefit of doing all of Phase I and then all of Phase II – confirmed with Mr. Berens that it would be more cost effective, though may be doing things that are not critical. Discussion was opened to the public.
Dave Cavagnaro, PPB: asked for cost of correcting the I&I ($1.2M, included study, evaluation, etc. – discovered areas in dire need of repair – $300K was cost to camera) suggested spending $300K every other year to camera the system and, when there is a problem, fix it, instead of spending $2M on preventative maintenance – system is clean and functioning – asked, if Borough got by for 50 years on $1.2M, why spend $1M/year on maintenance (Mr. Berens: breaks in pipe are undermining the street – roots will grow back heavier and damage the pipes; Mayor Barrella: budgeting $500K/year for 3 years or $450K/year for 5 years might make more sense than just approving Phase I; Councilman Dyer: Phase I and Phase II were probably the wrong thing to ask for – need to prioritize what needs to be fixed now – might be more or less than $700K – would like to see number before approving) if employees are being furloughed and Borough is having financial problems, should get as much for each tax dollar as possible – preventative maintenance is good, but it’s what’s critical now vs. what can be afforded (Councilman Lurie: would rather see a plan that prioritizes 1-5 – could coincide with yearly street plans with problems taken care of when streets are opened; Mr. Berens: defended work that’s been done – Arnold Avenue would have been blocked completely last summer and other pipes were completely blocked; Councilman Lurie: that cost turned into an increase in water/ sewer bills; Mayor Barrella: suggested Mr. Berens put together a plan, prioritizing various areas – not a comprehensive plan to fix the problem, which exists because of 30 years of neglect – suggested Council either set budget and prioritize, take its chances and then take responsibility for it, or keep running the camera through – shouldn’t link furloughs with capital expenditure).
Max Gagnon, PPB: in 1990s, looked at financial statement and wondered why Borough pays $300K more for sewage than for water – Council started talking about correcting I&I – still talking about it 15 years later – suggested creating a task force, hiring 3 men, buying a new backhoe and putting them to work – Council knows where the problems are – money going down the drain – it’s time to correct it.
Peter Wolf, PPB: should have Mr. Berens prioritize, price line-by-line, and return – would have better insight of what is needed (Councilman Dyer: agreed) don’t want streets collapsing or sewers backed up because we waited 2 years to send a camera down (Mayor Barrella: Mr. Berens was asked to do something which he did – he’s come back for the third time – Council should give him guidance and a budget; Councilman Corbally: suggested several engineers look at the pipes that were filmed and see if they come up with the same issues/prices; Mayor Barrella: CME did original films, they went to CMX, then O’Donnell Stanton).
Councilwoman Tooker: shouldn’t waste more time and money – been happy with O’Donnell Stanton – this is their field of expertise – spelled everything out in detail – agrees with setting yearly budget, but there are cracks/issues now – catastrophe could be forthcoming – doesn’t want it to be her responsibility – need maintenance – must make decision and move forward.
Councilman Dyer: Council is being prudent – large expenditure – businesses are taking more time to make decisions when spending – recommended 4-year plan and prioritizing work needed – this or future Councils can decide if they want to do it in a shorter time period.
Councilman Lurie: would like quote on cost to prepare that plan (Mayor Barrella: haven’t been charged for the report for these past two meetings).
Mr. Berens: should have a committee sit down and come up with suggestions – want the best contractors, rather than sporadic work – get work together and get the best price.
Mayor Barrella: Council just voted, without hesitation, to bid on ball field restoration – talking about infrastructure – 35 years since this was done – makes sense to prioritize, but can’t understand not going out to bid – in this economy, might get $800K of repairs for $500K (Councilman Hennessy: no money for this – there is money in the account for the field) according to CFO Riehl, have sufficient funds to bond for Phase I (Ms. Riehl: would have to issue debt, do bond ordinance –$104 in capital account – can set a budget and move forward).
Councilman Dyer: Mayor is disingenuous because Little League field was discussed at multiple meetings with presentations from engineers – that’s why there was no discussion.
Mayor Barrella: asked Mr. Berens if he could prioritize work within two weeks (yes).
Councilman Lurie: doesn’t mind paying for Mr. Berens’ time, but wants budget upfront.
Motion by Councilman Dyer, to authorize Special Projects Engineer Berens to prioritize I&I bid into four categories and meet with Council Members Tooker and Lurie, Mayor Barrella and Administrator Riehl, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

RESOLUTION 4 (Amendment to Trash Ordinance – Residential Dwelling Unit Receptacles) was considered.
Councilwoman Tooker: Ordinance 2011-03 talks about recycling – have single stream now (Clerk Ellsworth: addressed in Consent Resolution 5, item t).
Councilman Hennessy: asked why this is on agenda (Mayor Barrella: hasn’t heard of anyone in Borough Hall who believes cans in lieu of bags is the way to go) ordinance was passed 6-0 last year – Governing Body runs the town, not employees (Mayor Barrella: sometimes Governing Body might do well to listen to its professionals’ advice) 10 meetings leading to the passing of this ordinance included Code Enforcement Officer Petrillo, DPW Superintendent Trout and Administrator Riehl – ordinance was molded with their information (Mayor Barrella: Borough Attorney said enforcement would be difficult – asking Code Enforcement to rip through garbage; Chief O’Hara: that’s a problem; Mayor Barrella: asked how to identify who left the bags – DPW has been instructed not to pick them up – ordinance that provided that bags were sufficient receptacles worked for 20-30 years – can’t conceive that leaving uncollected garbage on Ocean Avenue for weeks is a good thing) Councilmen Hennessy and Lurie, Ms. Riehl, Mr. Trout and Ms. Petrillo drafted a postcard reminder of the ordinance (Mayor Barrella: understands that neither Ms. Petrillo nor Mr. Trout were in favor of sending it, nor of leaving garbage uncollected – Council needs to take responsibility for that – can’t have employees abused for not doing their job, when Council is instructing them not to) this is a reactive, not proactive approach – many residents and businesses have bought cans, and some have privatized since this ordinance was put in place – asked if ordinance should be changed because a few people won’t abide by it, instead of enforcing it (Mayor Barrella: we are being told it’s not enforceable – all this looks to change is the type of receptacles, not the amount, that can be put out).
Peter O'Rourke, PPB: idea of cans is great, but it failed – Ocean Avenue stinks – there is trash all over – DPW is furious about people complaining, and they’re not able to pick up the garbage – there are cans and lids in the street – there is no tax on rental bungalows, but there is on motels – renters leave Sunday night/Monday morning – trash has been in front of his house for a week – has lived here for 62 years – system has always worked, except for people coming off the boardwalk throwing things in piles – now, those piles keep growing – he’s going to call the Health Department (Councilman Hennessy: this was never given a chance – peculiar that DPW started leaving bags Memorial Day weekend) it was in the newspaper that bags weren’t being picked up – has only been here 10 days, but the bags have been out that long – spending bundles of money on the field – there are mountains of garbage and animal houses along Ocean Avenue (Councilwoman Tooker: have been trying to tax the rental properties) supports that completely.
Maryjane Reilly, PPB: passed an unenforceable ordinance – Ocean Avenue looks like NYC during garbage strike – renters don’t care – gets worse every year – need to do something.
Glenn Paesano, PPB: not the same situation for residences west of Ocean Avenue, as for residences and rental properties east of Ocean Avenue – can’t enforce on Ocean Avenue – don’t know who’s putting garbage out – suggested forcing lanes to form a private association or privatize collection (Councilman Hennessy: providing door-side pickup – asked if these people are illegally dumping; Chief O’Hara: Supreme Court says we can’t go through garbage to identify where it came from – can’t have someone sitting and waiting for someone to drop a bag on the curb – it’s not working – time to adjust) it’s not working on that side of town – it’s an inconvenience at other places (Mayor Barrella: drove around today and saw places where there are pails and bags and nothing has been picked up – in other places, garbage is in a pail with no lid – not to take garbage because the lid is missing is carrying this to a ridiculous extreme).
Dave Cavagnaro, PPB: presented photos of 9 homes – appreciates the effort and concept of a pail, but there is garbage all over – questioned why not bags instead of pails (Councilman Hennessy: animals rip the bags and there’s trash all over) agreed, but that happens minimally, what we have instead are 20-foot long piles of garbage – more concerned with following the letter of the law than solving the problem (Councilman Hennessy: made this ordinance equal for everyone – if we go back to bags, will be a free-for-all – people will put out 6 bags instead of 4 and complain that they weren’t picked up – hotels would then resume putting bags out, since we’re allowing everyone else to) suggested a red sticker, for residents, if there are more than 3 – door-to-door pickup all year for bungalows – hotels should privatize – should go back to bags.
John Olsen, PPB: ordinance was well-intended – regular discussion among neighbors about what a disgrace Ocean Avenue is – old way is better – bags are easier/more efficient for DPW – understands seagull/rodent issue, but must be a compromise – another issue is mattresses, carpets and furniture, especially by the “Sub Shed” – should be picked up regularly – can’t control people who live there – mostly transients, don’t speak English, don’t understand – pride ourselves on being a family community, but it is starting to look like a slum.
Former Mayor Daniel Hennessy, PPB: when he came on Council in 1977, a major problem was finding an effective way to handle residential garbage – emailed Mayor and Council about the problem on Easter morning – rest of the town has embraced the ordinance – bigger health problem is rabid raccoons getting into bags – Council has made more progress with this than in the past 35 years –problem is Ocean Avenue renters – give out tickets there and the word will spread quickly – only have to catch a couple – stick with ordinance, just enforce it on Ocean Avenue; spoke about I&I – when he left Council in 2000, Council was on the way to having every pipe videotaped – got left until 2005 because of a few dry years; (Mayor Barrella: at some point, will have to use executive authority, for health and safety of residents, to order this stuff picked up) when Risden’s piled bags outside the restaurant, Mayor Barrella told them to move it or be issued a summons – have to take charge (Mayor Barrella: also remembers Ms. Lyons asking about the other businesses – the change to pails was really intended to cover businesses – believes it slipped through the cracks for dwelling units) don’t leave garbage – issue summonses (Mayor Barrella: Code Enforcement says they can’t enforce them) only have to catch a couple (Mayor Barrella: will be July or August by then – names of Council members who support this should be on the postcards) Council will look like fools and cowards, if they run away from this (Councilman Hennessy: met with Councilman Lurie, Ms. Riehl, Mr. Trout and Ms. Petrillo – idea was for DPW to pick up weekly; Administrator Riehl: many meetings – dissatisfaction that ordinance was not enforced – put ads in paper, web site, flyers – DPW prefers bags – if people don’t use cans, DPW has to leave the bags – if they don’t pick up on regular day, it’s another trip to get it, and another chance for an animal to rip it open – Mr. Trout and Ms. Petrillo said they’d do what Council wants, as long as Council stands behind them – in March/April, bags were put out that couldn’t be identified – discretion was used – bags were left for a few days and picked up – then there was dissatisfaction because bags were picked up with no penalty – Code Enforcement can’t track bags – asked how long they should sit there – maybe pick them up every Friday – need direction; Mayor Barrella: something definitive so DPW and Code Enforcement know what to do – be flexible – greater burden on full-time residents than transients – postcards aren’t the answer).
John Olsen: problem with Friday pickup is renters leave on Saturdays and weekenders put stuff out Sunday night or Monday morning – that garbage will sit there all week – furniture and mattresses need to be picked up also (Councilman Dyer: separate issue for Code Enforcement – tickets have to be issued – easier to track) do that in the fall/winter (Councilman Lurie: asked that Ms. Petrillo be sent there tomorrow; Councilman Corbally: some stuff moves from house-to-house, street-to-street, daily – not easy to track).
Vincent Castin, PPB: ordinance has merit – one-size-fits-all does not work – permanent residents will conform – others will not – becomes unenforceable – asked if Ocean Avenue area can be allowed 3-5 bags while the rest of town uses containers – have to pick up the garbage.
Peter Wolfe, PPB: 25-year police veteran – asked what enforcement action has been taken – hasn’t heard an enforcement plan – resources are slim, but someone should go out Sunday night or Monday morning and issue summonses when they catch people (Councilman Hennessy: he and Councilwoman Tooker discussed that; Councilwoman Tooker: last year, discussed Code Enforcement Task Force – weekend summonses would pay for it; Councilman Corbally: not in budget to hire for weekends; Councilman Hennessy: asked about current employees; Councilman Lurie: he and Councilman Hennessy talked with Ms. Petrillo about sending her out one Sunday – she was waiting for Mr. Critchley to return; Councilwoman Tooker: asked about funding through Building surplus; Ms. Riehl: can’t use revenues to offset appropriation – talk about it every year, but, at budget time, it’s not essential – could hire them and do an emergency appropriation later in the year; Councilman Lurie: Ms. Petrillo is going to do that one Sunday – next meeting scheduled for next week; Councilman Hennessy; talked about surveillance cameras on street ends; Chief O’Hara: would have it on video if cameras are aiming in the right direction, would have to download, put on disk and try to identify the person; Councilwoman Tooker: signs saying there are cameras are probably a deterrent ) cameras aren’t going to work – asked about using Parking Enforcement Officers (can’t, legally; Councilman Hennessy: can ask Special Officers; Chief O’Hara: limited chance of catching someone in the act; Mayor Barrella: asked Chief about a stakeout; Chief O’Hara: costs time and money, and leaves another area uncovered; Councilwoman Tooker: onus must be on landlords and Realtors to control tenants – can’t allow this to keep happening; Mayor Barrella: not making it better by not picking up garbage because of no lid – lacks common sense; Councilwoman Tooker: change is painful, but for the greater good – controls amount of garbage and, hopefully, boosts recycling – suggested picking up garbage, but issuing warnings first, then fines; Councilman Lurie: need 3-prong approach – pick up garbage, educate people, and get enforcement on weekends; Councilman Hennessy: onus has to be on Realtors and renters who are not taking time to supply garbage cans or explain the ordinance – they should get fined; Councilwoman Tooker: asked about rotating DPW guys to allow for weekend drop-off – information can be put in leases and security held if renters don’t comply; Councilman Corbally: discussed this with Mr. Trout – would require at least 3 people; Administrator Riehl: also can’t keep out-of-towners from dropping off).
Paul Ward, owner of Ward Realty, PPB: been doing this for 34 years – drastic difference between Ocean Avenue and residential districts – he notices his landlords – many use fines, but they’re difficult to enforce because renters may deny they put out the bags/cans – need to acknowledge peculiarities of Ocean Avenue – suggested picking up garbage, preferably in bags, for the summer – like it or not, renters are the lifeblood of this community – asked how many cans and lids can be placed on Ocean Avenue in summer – people would have to walk around them – asked if DPW would be instructed to put the lids back on cans and place them back on Ocean Avenue properly – creating more problems than addressing by this ordinance – suggested embracing that this is a summer issue and must be dealt with – pick up Fridays east of the tracks and Thursdays west of the tracks, so he doesn’t have to spend 3 hours every Saturday collecting garbage and putting it on his curb.
Al Varosi, PPB: intent is good – regardless of how garbage is put out, it should be picked up – if not, vermin and seagulls will spread it to those who conform – objected to tethering lid to container because it acts like an anchor and both can and lid will blow away – has seen them in the lake.
Lucille Buonocore, PPB: walked down Ocean Avenue on Saturday, people were putting garbage out and police weren’t doing anything – there was someone selling something on the Boardwalk and nobody stopped him – people were selling racks of clothes on Arnold Avenue – cop cars went by and none stopped to check – she called the police and made a complaint – Boardwalk business was putting out cardboard – whole sidewalk was covered with it – stopped the police and asked if they can do this, and they said, “Well, it’s a holiday weekend.” – asked who is supposed to enforce code (Councilman Hennessy: police could write summonses if they see someone breaking the law) cars on Ocean Avenue are now parked on the sidewalk – sidewalks on Ocean Avenue are all broken – asked if homeowners are supposed to repair the sidewalks and why it’s not enforced – they come off the beach with garbage – this weekend, there were corn husks all over and pork chops in the street.
Bill Reilly, PPB: been talking about this for a long time – suggested keeping ordinance and working harder on enforcement, but picking up the garbage – put together a new enforcement plan and give it a chance – allow DPW to have some judgment (Councilman Dyer: agreed – should move forward in that direction – suggested Ms. Petrillo take a day off during the week and work every other weekend on code enforcement; Councilman Corbally agreed that unidentified garbage needs to be picked up; Councilman Dyer: have to give the process more time – just started to enforce this – postcards being sent – hopefully, Code Enforcement will catch some people, issue fines and it’s published – will be looking at this during every Council meeting over the summer).
Councilman Hennessy: asked Mr. Ward how many rental houses he collects garbage from (differs every weekend – most he collected is 64 bags) asked why he doesn’t supply cans (he does – has to remove them from the cans for the next tenant, because the garbage hasn’t been collected yet – ticket him) asked if he is admitting that he is violating the ordinance (yes – suggested garbage pickup east of the tracks on Friday or Saturday, instead of Thursday – acknowledge the situation – Governing Body’s job is to make the most pragmatic decision, to bring the best solution to the problem at hand – not willing to do that) other businesses have complied with privatized pickup (Councilwoman Tooker: trash collection in that area is on Mondays and Thursdays – if people are following the recycling regulations, they shouldn’t be accumulating that much trash on the weekends; Mr. Ward: when they move in on Saturday, the garbage cans are already full and there are no more receptacles in which to put their trash; Councilwoman Tooker: asked how much garbage could be accumulated in one day, when recycling).
Councilwoman Tooker: asked Chief O’Hara to address Ms. Buonocore’s comments – if Special Officers can be asked to look out for garbage issues for the next few weeks (Chief O’Hara: will send an e-mail reinforcing that if someone is caught, they’re to be stopped, identified and issued a summons).
Councilman Corbally: believes 70% of those in Districts 1 and 2 are non-compliant – turning this into an earth-shattering situation to pick up a can of garbage – respects time spent on this – doesn’t like that when cans are empty, they’re still sitting out, as opposed to a bag, which is gone – doesn’t understand how this morphed from having businesses privatize, to requiring numbers on cans, lids, etc.
Councilman Hennessy: doesn’t see a reason to change anything – suggested simply voting on the ordinance change, which permits bags.
Motion by Councilman Corbally to return to bags at residential dwellings died for lack of second.
Mayor Barrella: so, the ordinance is in place, postcards will go out – asked to whom DPW should refer complaints.
Councilman Dyer: would direct Borough Administrator as follows: send out postcards, pick up all garbage in normal timeframe, continue to educate the public, and then take a look at it – give it at least another chance for enforcement – meantime, DPW should be given clear direction to pick up garbage all over town.
Mayor Barrella: directed DPW, via Borough Administrator, to pick up, in all districts, garbage, which should otherwise be collected, but for the receptacle issue (3.8-2f) – would like to know if residents outside Ocean Avenue area think this is good (Administrator Riehl: asked for direction if there are too many cans) at least that’s a manageable argument – all he wants is to make bags an acceptable receptacle – just to make it easier for residents and DPW (Councilman Hennessy: questioned this directive) it’s what Councilman Dyer said and Councilmen Lurie and Corbally went along with – called for a vote on whether to pick up garbage – wants it on record.
Councilman Dyer: asked Attorney Gannon if a motion is required.
Attorney Gannon: Mayor has some authority – debate is the interpretation of the ordinance – for health reasons, understands majority of Council wants garbage picked up, regardless of compliance – appears, from majority of Council, that enforcement will be stepped up and summonses issued for non-compliance, despite the garbage being picked up for health, safety and general welfare – if that’s the consensus, Mayor or Council can direct Administrator to take that interpretation until further debate (Mayor Barrella: clarified that, if there are 7 bags out, DPW can pick them up, but Ms. Petrillo must write a ticket) yes – if a health hazard – an enforcement issue (Councilwoman Tooker: or warning) summons – no warning.
Councilman Dyer: Code Enforcement has to get to the Ocean Avenue area and try to enforce this ordinance – has no problem if she enforces it in other places – doesn’t have a problem giving warnings to everyone, at first.
Councilwoman Tooker: in identifiable areas, leave it until the next pickup – until the person gets the postcard and understands – Ocean Avenue area requires tickets.
Mike Knapp, PPB: asked what to do with additional garbage and grass (Councilwoman Tooker: down the pike, Ocean County landfill is not going to take grass and it will have to be mulched; Mayor Barrella: you can’t put that extra garbage out until the next pickup).
John Morrongiello, PPB: if you’re going to collect garbage, can’t say that you’re not – postcard must be modified (Councilwoman Tooker: should be left for one pickup only).
Kristin Hennessy, PPB: commended Councilwoman Tooker’s position – picking up trash, regardless of ordinance, will not work – Administrator distributed garbage pickup calendar to residents – she follows it – weeks after that went out, people were still putting garbage out on furlough days – the way to get people’s attention is to not pick up their garbage – if ordinance is not enforced, people will not get the message – can issue warnings at first – no one in society wants to be accountable – suggested implementing what Bay Head has, picking up garbage from people’s yards, instead of on the street – what Mr. Ward said is nonsense – been seeing more compliance in every district – zero compliance is at Ocean Avenue, where people think they are exempt from the rules – unacceptable that a Realtor is on record that he is going to violate the law – motels had to comply – asked Mayor Barrella the status of extending the motel tax to seasonal rentals – with that revenue, could put together a Code Enforcement Task Force to issue all kinds of summonses on Ocean Avenue in summer – ordinance must be for everyone – may go through a difficult summer, but will have a cleaner town by September and going forward – agreed that those renting to the non-compliers need to take ownership – will incentivize them to educate their tenants (Mayor Barrella: good idea if landlord can be ticketed in lieu of tenant – but what he is hearing is that the senior who has one bag of garbage, who doesn’t put a lid on his pail, is going to get a ticket – that is not friendly – just designed to tick people off) seniors are among the most compliant – once they get a warning, they’ll do what they must – asked if it is fair game to go through people’s garbage if it is on public property (Chief O’Hara: incorrect – still an expectation of privacy, per NJ Supreme Court – would have to apply for a search warrant for a crime – a borough ordinance is not a crime, it’s a petty disorderly persons offense) interested in being on the Snow Removal Ordinance Committee – will follow up with an e-mail to Mayor Barrella and Clerk Ellsworth tomorrow.
Councilwoman Tooker: wants garbage bags left on the first pass, fine issued on second pass with garbage taken, tickets issued on third pass – must step up Ocean Avenue enforcement.
Mayor Barrella: asked Administrator Riehl if she knows what she’s supposed to do.
Administrator Riehl: with exception of Ocean Avenue, first time it’s placed out wrong, they get a warning, and we pick it up – second time, they get a ticket and we pick it up (Councilwoman Tooker: first time, it gets left – Ocean Avenue should be ticketed immediately).
Glenn Paesano: providing special services to certain people in the community – asked why people with proof of residency can’t drop off garbage (Administrator Riehl: nowhere to put it – no one working weekends – would need 2-3 men to work the yard).
Administrator Riehl: so, trash that can be identified as belonging to a resident, that is placed out incorrectly, is going to be left and get a warning – trash identifiable to a residence, that is out a second time wrong, is going to get a ticket (Councilwoman Tooker: warning – third time, ticket) trash not identifiable to a resident is going to be left until the second pickup (Councilwoman Tooker: that’s going to have to be picked up).
Mayor Barrella: trying to craft a flexible solution to something written in stone and from which Council is unwilling to move away – wished Council luck – Ms. Riehl will do the best she can, but it’s not going to work as long as there is no flexibility (Councilman Hennessy: asked how much more flexibility there can be – been a pass since October 2010) would rather look like fool and get it right than try to make a square peg go into a round hole – when garbage doesn’t get picked up, people should call Council and not harass employees – they’re just doing what they’re told – asked Administrator Riehl if she’s clear as to instructions (yes).

Councilman Dyer: addressed item 5/k listed below – instructed Administrator Riehl to tell Lion’s Club to use water-based paint on the Boardwalk – last time, the paint was there for a year – questioned item 6/d – moving forward, should be delinquent for two quarters before shutting water off.
Motion by Councilman Dyer to hold public participation after discussion of Consent Resolutions 5 and 6 was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Council Members Tooker, Corbally….NAY
Motion by Councilman Dyer to approve items listed below, with changes that were made, was seconded by Councilman Hennessy.
VOTE: Council Members Tooker, Hennessy….YEA (VOTE NOT COMPLETED).
Dave Cavagnaro, PPB: asked why Lions Club is paying Special Event fees and if Jenkinsons would be billed for police for their WPLJ event last Friday (Councilman Corbally: 70 hours of police manpower on Friday; Councilman Hennessy: we count on police and meter revenue to balance the budget; Councilman Corbally: there are ordinances against people hanging out on the Boardwalk all night and the lot was half empty on Friday afternoon; Councilman Hennessy: wondered how much money was put in meters; Mayor Barrella: most parking for the event was on the streets of Districts 3 and 4 – should be considered a Special Event – no application filed – Council needs to authorize Attorney Gannon to notify the event holder of the amount owed for police – if no check is received, need to institute litigation).
Motion by Councilwoman Tooker to authorize the Borough Attorney to contact Jenkinsons with bill for police services was seconded by Councilman Corbally.
Motion by Councilman Dyer to table that motion was seconded by Councilman Lurie and carried by roll call vote:
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Council Members Tooker, Corbally….NAY
Mr. Cavagnaro: still not enforcing Special Event applications (Councilman Hennessy: what Mr. Cavagnaro brought up has nothing to do with Consent Resolutions) disagreed – charging fee to clubs from which other organizations are exempt (Councilman Hennessy: it’s very clear where Mr. Cavagnaro stands on that; Mayor Barrella: asked if Mr. Cavagnaro would be willing to waive Special Event fees) no, need all the revenue we can get (Mayor Barrella: would agree if idea was that the Lion’s Club shouldn’t be charged because business organizations aren’t; Clerk Ellsworth: fees being waived are for street use – about $350).
Motion by Councilman Lurie, to close public participation and adopt resolutions listed below, was seconded by Councilman Hennessy and carried by roll call vote.
CONSENT RESOLUTION 5:
a) Chapter 159 - Clean Water Barnegat Bay Watershed Project Grant ($250,000)
b) Chapter 159 – Energy Efficiency and Conservation Block Grant Rebate Program Grant ($19,983.07)
c) Chapter 159 – N J Clean Energy Direct Install Program Grant ($29,974.60)
d) Scheduled payments to PPB Board of Education ($890,018.61)
e) Approval for annual Jersey Shore Relay to benefit Special Olympics to run through town
on April 21, 2012
f) Payment to Fire & Safety Services for engine repairs ($3423.33)
g) Payment to Brick Utilities for April bulk water usage ($52,256)
h) Approval of Payroll #10 (224,848.39)
i) Appointment of seasonal communications operators (2)
j) Memorialize date correction for Memorial Day Bike Parade
k) Approval of S/E application for Lions Club Seafood 5K on 9/17/11 with waiver of special event fees except for police service fees
l) Approval of S/E application for Lions Club Boardwalk craft show on 9/18/11
m) Payment to Ben Montenegro from Board of Adjustment escrow ($2054)
n) Payments to Schulman, Wiegmann from BOA escrow ($450)
o) Payments to Galvin Law from Planning Board & BOA accts ($1252.50)
p) Payment to the Fire Store for assorted nozzles for fire truck ($3302)
q) Payment to Atlantic Tactical for ammunition ($2939.66)
r) Payments to American Uniform for special officer uniforms ($7503.41)
s) Payment to Interact Public Safety for police mobile computer upgrades & maintenance ($5713.20)
t) Authorize Boro Attorney to draft ordinance to amend 3:27 (recycling program)
u) Re-appointment of seasonal public works laborers (4)
v) Appointment of seasonal comfort station attendants (3)
w) Approval of correction to Payroll #5 (-$5,681.69)
x) Payment to State of NJ for June health benefits ($102,778.27)
CONSENT RESOLUTION 6:
a) Payment to the Ocean County Landfill for tipping fees ($75,000)
b) Approval of W/S bill payment plans (2 accts)
c) Approval of computer generated vouchers ($1,428,084.49)
d) Authorize water shut-off of delinquent accounts owing more than $500 (15)
e) Progress payment #8 to JAC for Lake of the Lillies dredge project ($78,228.50)
f) Progress payment #2 to Earle for Channel Dr road improvements ($278,830.96)
g) Water/sewer bill adjustments (4 accts)
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

PUBLIC PARTICIPATION OPENED AT 10:40PM

Vince Castin, PPB: asked when Little Silver Lake would be sprayed for algae and suggested more than once – asked when trash would be cleared from that lake and about condition of the fencing around the band shell – asked Administrator Riehl to look at it.
Dave Cavagnaro, PPB: thanked DPW employees John Trout, Dennis Russell and Ernie Errico, for helping hang flags and hardware, Water Department employees Jim Broyles, Bill Dwyer and Gary McRae for volunteering to turn on and maintain sprinklers, and Lynn Zupko for getting the lights on; asked about recourse if someone east of the Boardwalk did construction without permits, got a “stop work” order and a fine; asked if it’s a violation for an establishment, which serves liquor, to expand its operation to more than one location as several businesses have.
Glenn Paesano, PPB: asked about requirements for a port-a-potty on private property – renters next to him said it’s cheaper to park in front of his house for 3 days, and get ticketed, than in the lot for $72/day – if the fine for a port-a-potty is $200, with 10 of them in the house, it’s only $20 each; hot dog vendor set-up on Baltimore and Arnold Avenues – police shut him down – when Borough Hall closed, he moved by the substation – it’s like the Wild West.
Kristin Hennessy, PPB: read in “Ocean Star” that Point Pleasant Mayor and Council held a forum to discuss shared services – Manasquan, Sea Girt and Brick participated, Point Pleasant Beach did not – thanked Mr. Cavagnaro for flowers in front of Borough Hall – nice not to see court patrons tossing cigarettes into the planters – asked the status of the Court Shared Services agreement – would like it to continue for its financial and quality of life benefits.
Peter O’Rourke: addressed Animal House, garbage and noise issues – transients don’t care about rules – renters on Minard Row roasted a pig right off the Boardwalk and threw the carcass over the fence onto Storino’s property.

Motion by Councilwoman Tooker to close public participation was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

PUBLIC PARTICIPATION CLOSED AT 11:06PM

Motion by Councilwoman Tooker to close public participation and adopt items listed below was seconded by Councilman Hennessy and carried by roll call vote.
CONSENT RESOLUTION 7:
a) Approval of PPB Fire Co #2 ‘Family BBQ’ on 7/30/11
b) Approval of ABC Social Affairs Permit for PPB Fire Co #2 ‘Family BBQ’ on 7/30/11
c) Authorization to advertise and bid land sale
d) Approval of Payroll #11 ($231,903.26)
e) Approval of purchase of 4 parking kiosks
f) Appointment of Recreation Summer Program Director and Assistant Director
g) Approval of Closed Session minutes from February 15, March 8, March 29, and April 19
h) Approval of license agreement with VFW (CLOSED SESSION ITEM)
i) Support legislation to strengthen municipal immunity to tort claims
j) Approval of curb cut request at 211 Sanborn Avenue
k) Approval of curb cut request at 215 Chicago Avenue
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

CONSENT RESOLUTION 8 (Approval of Nigeo’s Corporation’s request for extension of hours of operation for the Shrimp Box outside bar from 11 PM until 2 AM) was considered.
Attorney Carmine Villani, on behalf of Barmore’s Shrimp Box: confined 12-14 seat outside bar was approved several years ago – last year, requested 2 AM closing with 11 PM being approved – after 11 PM, drinks must be ordered from the waitress, who must go inside – this application is to make it more convenient to serve customers – upscale clientele – no live music – customers arrive later – last year, suggestion was to see how it goes and come back this year to ask for later closing – no problems last year – don’t expect this modest change to create problem.
Councilman Corbally: great operation, but was here when Nigeo came before Council to expand – bar wasn’t in the plans – original plan was to serve dinner outside until about 9 PM – morphed into a bar – not comfortable moving it further.
Councilwoman Tooker: family business – tight ship – outside bar is small – people can drink outside until 2 AM, but the waitress has to go inside for the drinks – inconvenient for the staff – doesn’t really change anything to just serve drinks from outside.
Councilman Dyer: asked how many people are there after 12:30AM (service is business-driven – could close early if no customers – not going to change business dramatically, just make it more operational – asking for 2 AM closing, 1:30 AM last call, because it’s the Borough’s closing time) there is concern from the Chief that it’s just another place he has to be aware of at 2 AM – asked if they’d be willing to move to 1:30 AM closing, 1 AM last call (here to meet on common ground – understands Councilman Corbally’s point but, at every edge forward, the business is being checked – Chief’s concern would apply to any business that wanted to stay open later – 1 AM would be doable).
Mayor Barrella: 1 AM doesn’t solve the Chief’s staffing problems – would have to take staff from the Boardwalk to this side of town.
Chief O’Hara: normally, that area is quiet by 12:30/1:00AM, depending on crowds and if it’s a holiday weekend – bar break staffing is usually on post at 1 AM by Parkway, Ocean and Central Avenues, where thousands of people are exiting bars into the neighborhoods – that’s where patrols are focused – if there was an issue elsewhere, would have to divert personnel (Councilman Dyer: no expansion from last year – just changing where liquor is served) police position is that, even a little yearly expansion is a lot 5 years down the road – if you do it for one, you do it for another – someone mentioned expansions east of the Boardwalk – things start out small and progressively move – wants police position clear (Councilwoman Tooker: asked Chief if 1 AM closing would help) a little, but next year they might be asking to stay open until 2 AM – for years, have tried to stop the slow progression of things and have given our position.
Councilman Dyer: asked if Nigeo would compromise at 12:30 AM (yes).
Dave Cavagnaro, PPB: doesn’t question the quality of the business or owner – remembers when bars closed at 10 PM – no one foresaw how appealing the Wharfside Patio Bar would be – turning into a bar town – police will be spread all over – financial and quality of life burdens will be on the residents – requested this be denied.
Kristin Hennessy, PPB: lovely place and owners – was there once with Councilwoman Tooker when a lot of rowdy guys got off the Water Taxi – much more than a quiet little spot for a drink – would like to go to earlier closings, rather than later – 11 PM is adequate for this spot – can’t see pushing it later than 12 AM.
Peter O’Rourke, PPB: lives near Shrimp Box – supports them 100% – suggested 5-cent tax added to each drink served after 11 PM.
Mayor Barrella: asked if Nigeo would absorb police costs for the extra 1.5 hours.
Councilwoman Tooker: don’t have anyone else do that – not fair.
Mr. Villani: business in town for 30 years – liquor license allows service inside until 2 AM – not fair to single them out to pay for additional staff – not enough economic boon for that.
Motion by Councilman Dyer, to allow Nigeo Corporation to extend hours of operation of its outside bar until 12:30 AM, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Lurie, Dyer….YEA
Councilmen Hennessy, Corbally….NAY

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

The meeting was adjourned at 11:34PM.


Transcribed by: Eileen Farrell, Deputy Clerk

Attest: Maryann Ellsworth, Municipal Clerk


Published June26, 2011 | Council Minutes | 1222


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