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June 21, 2011

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36 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 Corbally, to enter closed session to discuss union negotiations, contract/personnel, ABC Violation and two litigation (ACLU) matters, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Closed session began at 6:39 PM and ended at 7:40 PM.
Mayor Barrella called the regular meeting to order at 7:45 PM. 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.
Department head memos were discussed, with items moved to agenda.
Motion by Councilman Hennessy, to approve May 31, 2011 Council meeting minutes, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Councilman Lurie: had Clerk Ellsworth prepare an alternate agenda, moving public participation behind approval of minutes – would include comments on non-agenda items, first reading ordinances, and consent resolutions, with maximum time limit of 5 minutes – haven’t been getting everything done at Council meetings, although going towards 12:00 AM – this will help focus on issues and get through items of business.
Dave Cavagnaro, Point Pleasant Beach (PPB): opposed to combining consent resolutions in that 5-minute limit – stifling public’s ability to comment – Council’s job is to hear and respond to the people, not to get out of here as quickly as possible.
Ben Dispoto, PPB: in past two years, have continually tried to erode public’s ability to interface with Council – if public speaks before business is taken care of, they have no ability to give input – public participation should be after committee reports and consent resolutions.
Marilyn Burke, PPB: citizens have an obligation to voice opinions on matters – asked what good it is if people are not given the opportunity until after ordinances and resolutions are passed – current trash ordinance is absurd because Council didn’t listen to residents.
Diane Giancola, PPB: not happy that last meeting’s public participation didn’t commence until 10:40 PM – going to dissuade public from coming here – should work together.
Councilman Hennessy: current format is what is making the public start speaking at 10:40 PM (Mayor Barrella: matter of opinion – problem with Councilman Lurie’s suggestion, aside from the overly-restrictive nature, is that public cannot express its views on committee reports) in 2½ years, has not heard public comment on one committee report (Mayor: can argue that point – transparent government allows people an opportunity to speak – agreed that starting public participation at 10:40 PM is unreasonable).
Vincent Castin, PPB: years back, meetings didn’t last until midnight – things were done efficiently and public had an opportunity to comment at the end, which was not a bad idea – Council needs to make the meetings more efficient, so people will stick around to comment, and not have to wait until midnight to voice their opinion
Motion by Councilman Corbally to close public participation was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA
Motion by Councilman Lurie to adopt the alternate agenda format was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Council Members Tooker and Corbally….NAY

Clerk Ellsworth made copies of the alternate agenda available to the public, and added items to the Consent Resolutions.

PUBLIC PARTICIPATION PERIOD OPENED AT 8:10 PM

Francis Lobravico, Commander of Disabled American Veterans Chapter 20, Brick: presented Certificate of Appreciation to Mayor and Council, Clerk Ellsworth and Administrator Riehl for assisting them and granting them the right to conduct a fundraiser on the Boardwalk.
Sharon Cadalzo, PPB: asked about Consent Resolution 1, items l & m, as Niblick Street was re-paved at the beginning of Mayor Barrella’s term – hasn’t been a road improvement in District 3 since she’s been coming to Council Meetings – Gowdy has been on the list for a long time (Mayor Barrella: asked Administrator Riehl to have Engineer Savacool re-score streets - hasn’t been done in about 10 years).
Ron Gasiorowski, Attorney for Martell’s Sea Breeze: opposed to Resolution 6 – proposed changes of DEP regulations include definition of an amusement pier – attempt by legislature and Governor’s office to encourage tourism in NJ – generic change, not specifically aimed at Point Pleasant Beach – Mayor Barrella sent two letters to the DEP, on Borough stationery, which contained misleading and incorrect comments – client intends to come before the Board of Adjustment to add rest stations to the existing pier, which they have a right to do - Board has jurisdiction to approve or deny the application – Mayor’s letter is a purposeful attempt to distort that procedure – client shouldn’t be singled out – doesn’t think Mayor can use Borough stationery to give DEP the impression that this is endorsed and directed by the Governing Body – Council should have an opportunity to support or not support that letter (Mayor Barrella: DEP requested and encouraged testimony from Mayors – Council received copy of his letter at May 31st meeting and it went out June 3rd, after Attorney Gannon’s review – spoke with Mr. Cantor, at DEP, who said the request for change came from Martell’s, which sought to construct bathroom facilities on the existing pier – proposed regulations appear to go far beyond that request) Municipal Land Use statute gives municipality the power to create ordinances, and Board of Adjustment and Planning Board exclusive rights to handle certain matters – only Board of Adjustment can deal with use variances – they are prepared to go to the Board with the application – this letter colors the entire matter – first misstatement in Mayor’s letter deals with Martell’s (ABC) license – decision was a result of Martell’s attempt to expand the use of that license 17 years ago – application was denied by the Governing Body and Administrative Law Judge – the ABC Director then reversed both, saying the license is proper – to suggest to the DEP that those are not the established parameters of the license, that an inadvertent mistake was made 17 years ago, is rubbish – if inadvertently approved 17 years ago, it could have been changed 16 years ago and wasn’t (Mayor Barrella: will make letters available to “The Patch” and “Ocean Star” – may also make Mr. Gasiorowski’s letter available, and his response.)
Dave Cavagnaro, PPB: disappointed to find agenda changed again to keep public quiet – making it more difficult for concerned people to give their opinions – impossible to combine consent resolutions, items that have been carved out, things that have been done in the past, etc., into 5 minutes; asked who attended June 6th garbage meeting and if there was a change made then to the garbage collection policy, communicated via yellow postcards – everyday, since June 6th, has seen cans without lids and numbers picked up, and bags on Ocean Avenue left, meaning what he heard at last Council Meeting is not happening – DPW says they are doing what they’ve been told – trying to keep town clean but keep getting different directives (Mayor Barrella: Attorneys Hiering and Gannon confirmed that the Mayor has the ability, on an emergent basis, to order garbage be picked up – leaving it on the streets in summer is a health hazard and an emergent circumstance) recommended returning to former ordinance – kept town cleaner and satisfied weekend residents’ needs; thanked Mayor Barrella for his letter to DEP – supports it – attended the meeting – presented photos of construction at the Pavilion and Little Macs – asked Council not to approve outside drinking at July 30th Elks event.
Max Gagnon, PPB: attended DEP meeting – disturbing to see DEP tell us what we have to allow – asked how many gin mills we have to allow – can’t continue to expand because the DEP or someone else says it’s right – have to decide what we, as a community, can handle – Council should be concerned about what is happening to the town.
Ben Dispoto, PPB: asked about rules for Mayor and Council attendance at meetings, who the Council liaison to DPW is, the cost of the extra 5 days of pick-up on Ocean Avenue, including the time and a half on weekends, and why majority of taxpayers should be subsidizing the extra service that not everyone gets; commented on the number of liquor licenses in town, why we have so many and if some of them can be “un-grandfathered” – asked what Jenkinson’s “Memorandum of Understanding” is; asked Councilman Dyer about the garbage collection situation (Councilman Dyer: asked Administrator Riehl to provide cost of the extra pick up).
Mrs. Giancola, PPB seasonal resident: not around to remove can with lid on Monday mornings – pays taxes 12 months/year, but puts out trash only 3 months/year –being discriminated against – asked Council to reconsider –in some towns, high school students do community service or it’s done by troubled juveniles – suggested looking into it – not sure if she will be privy to when snow removal ordinance will come up – asked that sensitivity and more thought be given to seasonal residents (Mayor Barrella: suggested she might want to be on this ordinance committee, which he is hoping Councilmen Dyer and Lurie will put together, and which will include full and part-time residents).
Aleta Weinstein, PPB: amazed at the greed of business people who put their welfare ahead of residents – disconcerting that some Council members continuously vote in favor of big business – concerned that, over a year ago, Councilman Lurie was an expert witness for Jenkinson’s in Harborhead litigation – doesn’t know how he can have an unbiased opinion and, more importantly, a vote, when he was being paid by them for his services (Councilman Lurie: that was 3 years ago – he’s not on contract with them to do anything – defers everything to attorney – asked what votes she was referring to) refunding their taxes and other issues – there are a bloc of people who are always for big business – and there are 3 other Council members who are for the residents; related an e-mail she sent to Mayor Barrella and Councilman Corbally 3 weeks ago - young woman pulled down her pants, urinated in the street, and invited 3 men to take her picture while doing so – yesterday, at 7:30PM, her family witnessed a man, 15 feet from their front door, urinating on the grass - they called the police who came and got the man, who was drunk – it’s appalling, getting a very bad reputation – Council should revisit closing bars earlier.
Stan Angeloni, PPB: paving is not being done correctly by his street (Administrator Riehl: his area is in the list of streets going out to bid); should return to the old way of garbage pickup – Council needs to concentrate on people who are breaking the law and not make everyone else suffer with bags all over – taking DPW more time to collect garbage – trying to save money, but adding more pickups – complained about different regulations on Ocean Avenue – chaos up there; many nights, public has listened to Mayor and Council argue – they volunteered for this job – if they can’t stay up until 10 or 11 PM, they should try another hobby – Council needs to solve problems before the meetings – they work for the public, but no matter what the public says, they do what they want.
Mike Ramos, PPB: suggested comparing what it cost to remove garbage last year vs. this year, to see what this new ordinance is costing (Administrator Riehl: must realize that pickup after furloughs takes longer) if it’s not broke, don’t fix it – as a new member of the Recreation Committee, asked about resolution 1/v – why funds are coming out of Recreation Trust Fund, when park is used by all kids in the community, not just those in camp – asked if funds could be taken from Open Space instead.
Motion by Councilman Dyer, to appropriate payment to Game Time for ground cover under park equipment from Open Space, was seconded by Councilman Lurie and carried by roll call vote (If Open Space Committee does not approve, it can be revised at a future meeting).
VOTE: Council Members Hennessy, Corbally, Lurie, Dyer….YEA
Councilwoman Tooker…. No Vote, as she had stepped out for a moment
Glenn Paesano, PPB: asked that town reimburse Recreation Trust Fund for volunteers’ children and scholarship children who attend park program – about $3,000, so far – attendance is down – trying to turn program around, but if fund is depleted, won’t have the chance (Mayor Barrella: nothing can be done until next meeting – will see if we can find money) park is dilapidated – asked who is responsible for maintaining it; different class of people in town – has had things stolen from his house and car for the first time in 16 years – should be concerned.
Ron Gasiorowski: client (David Bassinder) has graciously offered to fund the park scholarship for volunteers’ children – will provide client’s contact information after meeting.
Motion by Councilman Corbally 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 PERIOD ENDED AT 9:20 PM

Motion by Councilman Hennessy, to adopt resolutions covering items listed below, was seconded by Councilman Dyer and carried by roll call vote.
CONSENT RESOLUTION 1
a) Payment to Traffic Lines for restriping of Inlet & Silver Lake lots ($14,747.10)
b) Payment to Schulman Weigmann from BOA escrow ($225)
c) Payments to T&M Associates from escrow accounts ($3833.50)
d) HELD for separate consideration [Renewal of ABC License with current conditions (22)]
e) HELD for separate consideration (Renewal of Jenkinsons ABC License with current
conditions including ‘Memorandum of Understanding’)
f) Disabled Vets special event app for Boardwalk fundraiser with boardwalk use fee waiver,
contingent upon meeting with Police to discuss location
g) Approval of Elks special event app for yard sale
h) Authorize Boro Engineer to proceed with NJDEP EIT application for use of Barnegat Bay
Initiative Grant
i) Payments to Galvin Law Firm from Planning Board accounts ($577.50)
j) Approval of Payroll #12 ($270,257.26)
k) Performance Bond Release – 1500 Richmond Ave LLC
l) Chapter 159 – Niblick Street roadway improvements
m) Authorization for Boro Engineer to bid roadway improvements to Niblick Street, Cooks Lane, and
Osprey and Gowdy Avenues, subject to DOT approval
n) Final payment to Birdsall Engineering for Lake Louise dredge project ($25,000)
o) Water/Sewer bill adjustments (4 accts)
p) Refund dumpster bond – 219 Central Ave
q) Approval of computer generated vouchers ($139,448.27)
r) Payment to Brick Utilities for May 2011 bulk water usage ($69,492.00)
s) Payment to Continental Fire for lift bag set & relief valves ($3966.12)
t) Approval of lease agreement with Kyocera for building dept copier ($84.80/month)
u) Payment to Selective Insurance for police substation flood insurance ($3966)
v) Payment to Game Time for ground cover under park equipment ($5422)
w) HELD for separate consideration [Payment to ACLU New Jersey for Cadalzo lawsuit
settlement ($11,200)]
x) P O to Four Points Refrigeration for replacement A/C unit ($7100)
y) HELD for separate consideration (Support for Mayors comments on proposed changes to
DEP Public Access Rules)
z) P O to S A R Automotive for underground lift ($14,049)
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie (a-l and n-z)*, Dyer….YEA
*Councilman Lurie….Abstain on item m (Gowdy Avenue only)

Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by roll call vote.
CONSENT RESOLUTION 2
a) Authorization for the Borough Attorney and Administrator to continue to negotiate with the Borough of Point Pleasant regarding Court Shared Services Agreement, including authority to terminate on July 1, 2011, as per the current agreement (CLOSED SESSION ITEM)
b) Approval of Recreation Park Program salaries
c) Authorize the Borough Attorney to amend fee ordinance, as per the recommendations of
Fire Official Mueller
d) Approval of Rutgers University Dance Marathon canning request Special Event application
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

RESOLUTION 3 (Approval of Elks Social Affairs Application) was considered.
Attorney Gannon: advised, based on cited case that “anybody who has a membership should not vote unless they’ve been lapsed for more than four years.”
Lt. Dikun: 4th Elk’s Special Event in 9 weeks – since it’s a Saturday night, will have to allocate manpower from other sources – this year, because of manpower shortages and influx of people, have rearranged schedules – 85%-87% of seasonal officers are already working Saturdays – dealing with more and more alcohol-related events, which bring more problems – nothing against Elks, but starting to reach that slippery slope, where Special Events are relied upon to generate income – realize it’s charitable, but becomes very difficult to readjust manpower – will leave considerable shortage at other places (Councilman Dyer: they hired 4 police officers and 6 security staff members – asked if that is not enough) Lt. Dikun: greater influx of people on Friday evenings – would have to divert manpower – not sure from where (Councilman Dyer: asked if he would recommend they hire more people) Lt. Dikun: even if they have 20 people, at some point, if there is an issue, police have to get involved.
Resolution 3 died for lack of action.

RESOLUTION 4 [Renewal of ABC Licenses with current conditions (22)] was considered.
Councilman Corbally: more crimes and nuisance ordinance fines have been recorded in the last 4 weeks than in last 17 years of keeping stats – over Memorial Day weekend, 70 tickets were issued for urinating in public – starting to lose control – not getting help from some bar owners – Sea Girt has Parker House pay for police to keep nuisance people away from residents – up to $170,000 over and above their taxes – according to DCA, if Chief thinks it is necessary to have officers in a bar, Council can force that and have the establishments pay for them – lot of things Council must act on – “Me Generation” of 20-somethings is rude, crude and thinks they are entitled – local establishments have attracted thousands per night that we can’t handle – full force of police doing a great job, but July 4th is coming – Council needs to look at licenses, going forward, to control what the bars are attracting and allowing to go on.
Councilwoman Tooker: hasn’t been able to give a committee report, including police reports, in 6 weeks – has a suspicion that’s why she’s been rebuffed at the last 2 meetings – from all accounts, it’s the worst it’s been in 17 years of recorded history – not disparaging anybody or any businesses, but it’s bad – hasn’t had a night’s sleep since Memorial Day Weekend – there is garbage everywhere – her 86-year old grandmother is picking up beer bottles in front of her house – it’s appalling – police are fabulous, doing their best, but things are bad – at a tipping point – she grew up here and has never seen anything like this, and it gets worse every year – can let it go and become Keansburg or Seaside - things are not going to get better unless Council acts responsibly and upholds their oaths to uphold ordinances, keep the town safe, and ensure residents and businesses are protected and can peacefully co-exist – not doing due diligence; met with business owners about a month ago – talked about plans for garbage and police – has not heard anything back – getting warnings from the police – people are telling us how bad things are and we’re sticking our heads in the sand – need more police in the neighborhood, more garbage control – it’s not even the high season– asked Lt. Dikun to present the latest police report (not time for committee reports) just wanted to be sure she got this in, in case she didn’t get a chance to give her committee report – then it would be 9 weeks since her last.
Motion by Councilman Corbally, to renew ABC Licenses with current conditions (22), was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie (21 licenses)*….YEA
*Councilman Lurie….NAY on Southern House ABC renewal only – inactive too long
**Councilman Dyer…Recused himself
**Councilman Dyer: Has a mobile marketing company, with tourism accounts throughout NJ, including Martell’s and Jenkinson’s – moving forward, will not be able to vote on anything pertaining to their ABC licenses.

RESOLUTION 5 (Renewal of Jenkinson’s ABC License with current conditions, including Memorandum of Understanding) was considered.
Motion by Councilman Hennessy, to renew Jenkinson’s ABC License with current conditions including Memorandum of Understanding, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA
Councilman Dyer….Recused himself

RESOLUTION 6 (Support for Mayors comments on proposed changes to DEP Public Access Rules) was considered.
Councilwoman Tooker: made a big, but fair concession on Ordinance East of the Boardwalk – need some control – if want to expand things, should go to Board of Adjustment.
Councilman Lurie: they have to come to the Board – will abstain because he is part of the Builder’s Association’s Legislative Affairs Committee – there are a lot of good things in the CAFRA regulations that help people on individual lots with public access and things of that nature – Long Branch needs their pier, economically, to help their city – not specific to Point Pleasant Beach – no matter what, it has to go through the Board of Adjustment (Mayor Barrella: right now, bars, restaurants and entertainment facilities are not permitted uses on amusement piers – if DEP wanted to change that for a municipally-owned pier, like in Long Branch, that’s one thing) privately-owned pier in Long Branch (Mayor Barrella: we have a privately-owned pier and beach – don’t understand how this improves beach access – logic was that municipality would benefit from increased tourism – but, when we get more tourists, Trenton and the businesses make money, tourists get a clean, safe environment, and our taxpayers get stuck with the tab) just because you receive DEP/CAFRA approval, doesn’t mean you can build – still have to get town approval (Mayor Barrella: the State of NJ is eliminating what was an impediment – it’s important for us to have that protection – did not comment on anything in the CAFRA regulations, except the part dealing with taking what is now a prohibited use on amusement piers and DEP’s decision to try and make it permissible – doesn’t see a conflict for Councilman Lurie, unless he’s been dealing with that aspect of the regulations).
Motion by Councilman Corbally, for the Borough Council to express its support for Mayor Barrella’s comments on proposed changes to DEP Public Access Rules, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Corbally….YEA
Councilman Hennessy….NAY
Councilman Lurie….Abstain
Councilman Dyer….Recused himself

RESOLUTION 7 [Payment to ACLU-New Jersey for Cadalzo lawsuit settlement ($11,200)] was considered.
Motion by Councilman Corbally to pay the ACLU-New Jersey, Newark – NJ, the amount of $11,200.00, for court ordered settlement of Cadalzo lawsuit, was seconded by Councilwoman Tooker and carried by the following roll call vote. Funds for this purpose are contained in the 2011 Municipal Budget, Sub-Account 1-01-350-239.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie ….YEA
Councilman Dyer….NAY

Ordinance 2011-17 (Tax Appeal Refund Bond) was considered on second reading.
Mayor Barrella: advised public that a bond ordinance requires 4 affirmative votes – also, that a stipulated decision has been entered by the Tax Court of NJ, and the result is that Point Pleasant Beach owes this money to Jenkinson’s, like it or not.
Dave Cavagnaro, PPB: asked if the vote to approve the court settlement was unanimous (yes,
6-0), the likelihood of costly legal action if Council does not approve this bond (probably 100%), and if this could have been funded via the budget with the 2% cap (Mayor Barrella: not enough surplus – impact would have been greater furloughs, or perhaps layoffs) clarified that the most fiscally-responsibly thing to do for the taxpayers, since Council all voted for the settlement, would be to vote “yes” (Mayor Barrella: logical – are spreading payment out over 5 years through the refunding bond ordinance).
Ben Dispoto, PPB: asked if Council could offer Jenkinsons a tax credit, $59K/year to be spread out over 10 years (Councilman Lurie: had that option; Mayor Barrella: that was not the settlement that was reached by Attorney Kenneally and Tax Assessor Carpenter, and not the settlement that the Council unanimously approved – we have a 60-day window in which to pay it, then interest star).
Motion by Councilman Corbally, to close the public hearing, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA
Councilman Hennessy: did not know we were rolling the counsel fees and the other $60K of tax appeals into this bond – they should have been included in this year’s budget – agreed to settle two litigated appeals, which came to $505K.
Mayor Barrella: was very clear that this gives Jenkinsons a 23% reduction in their current property tax valuation, both now and going forward – won’t comment on anyone who says they didn’t know this year was involved – these things were approved – had we budgeted for $200,000, would have meant 18 furlough days, or potential layoffs – rules changed going into 2011 – no 4% cap – in the past, unpaid taxes as a result of property tax appeals was an exception to the tax levy cap, now it is not – this was the most efficient way to get this done.
Councilman Hennessy: disagreed with the way Governor Christie handled the 2% cap – still allows Governing Bodies to do what’s going on here, and not take responsibility by making budget cuts – allowing a settlement, where counsel fees and other appeals that weren’t litigated are rolled into a bond, so taxpayers can pay for that outside of the 2% cap – the 2% cap is a joke – as much as the Governor is trying to take a stand on things, doesn’t agree because of loopholes like this.
Councilman Dyer: have about $106,000 in tax appeals that we’re going to have to fund next year – this is another bond, outside the cap, which becomes more of a tax for the residents.
Mayor Barrella: 75%-80% of that is non-municipal-related tax dollars – it’s school tax and county tax – to create a deficit of $115,000, for the sake of creating a deficit, doesn’t make sense – borough professionals unanimously agree that this is the right way to go.
Councilman Dyer: more concerned that we have nothing budgeting for tax appeals for next year – and we know it’s going to be more than $100,000.
Mayor Barrella: were conservative with revenue estimates this year – hopefully, if we need to make it up another way, the monies will be there this year (Councilman Corbally: was the Finance Chair this year – will be here next year to take the heat, if there is a problem – think it’s a good budget and will work out) tax increase this year was 1.5/1.6 cents – in 2009, the thing that drew my ire was that the finance committee was trying to come up with a .4 cent increase and refusing to seek a waiver at a time when they could seek one – we could have budgeted for this $150K had the 2010 budget not used $798K of surplus and kept $398K in reserve.
William Mayer, Bond Counsel: $585,000 bond ordinance – $564,00 in taxes due to others in 2009 and 2010 and $21,000 in different costs related to the issuance of bonds – LFB approved 5-year maturity schedule for $585,000 bond – being done all over the state – $7,500 for bond counsel fees, $5,000 for auditor fees and $6,000 for tax appeal attorney – all the fees may not be utilized – have a large amount of bond anticipation notes coming due in August – last bond sale was in 2007 – recommend leaving ordinance intact, anything else would affect 2012 budget – $565,000 appropriation would be a 2.3 cent impact, but doing over 5 years, about half-cent impact on next year’s budget.
Councilman Hennessy: Scott Kenneally came to us with two matters and decided to settle them – don’t think it’s right to roll in the rest of Jenkinsons appeals – didn’t roll in anyone else’s (Mayor Barrella: actually Jenkinsons did file with the tax court on these other appeals and reached settlement on them) don’t think we should be rolling money into bonds outside the cap.
Councilman Lurie: asked if money being bonded was considered by the Finance Committee for payment out of the current budget – remember $505K and offered suggestion about paying over time (Councilman Corbally: spoke with CFO, Assessor Carpenter and Tax Appeal Counsel – expressed concern that I was unhappy with the agreement – but we have to deal with the debt; Mayor Barrella: there was a list of Jenkinsons properties, two pages long, in an excel spreadsheet; Councilman Dyer: disagreed – $505,000 was the figure agreed upon; Bond Counsel Mayer: it was explained to me that $505,000 was the settlement discussed in closed session – the other $60,000 was settled on Jenkinsons’ properties by the Tax Assessor; Councilman Dyer clarified with Tax Collector Riehl that all were Jenkinsons’ properties).
Motion by Councilman Corbally, to adopt Ordinance 2011-17, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer*….YEA
Councilman Hennessy….NAY
*Attorney Gannon opined that Councilman Dyer was able to vote because it is a ministerial extension of his original vote to settle this matter.

Ordinance 2011-18 (No Parking New York/Marcia Ave) was considered on second reading. The public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Dyer, to close public participation and adopt Ordinance 2011-18, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

COMMITTEE REPORTS

Councilwoman Tooker: spoke about need for code task force – need to have Administrator and Code Enforcement Officer meet with Lt. Dikun; asked Lt. Dikun to give police stats (Lt. Dikun: for past four weeks experienced record high productivity – been keeping weekly stats for last 17 years – use them to make adjustments with staffing – record summer so far, especially with quality of life type issues, urinating in public, noise violations, drinking in public and misbehaving – had 53 Borough ordinance arrests last weekend, although not a banner weather weekend, as compared to 27 last year, which was a banner weather weekend – in a pattern of 100% more than last year – use 2007 and 2009 as gold standard – good economy in 2007 with good weather – will be surpassing all of our numbers substantially – more people coming down on Thursday instead of Friday and going home Monday instead of Sunday – Saturday nights start later and Sundays start earlier – changing dynamic, but making adjustments as we go – up 20% - 30% but had up to 25 more staff in 2007 – don’t have the personnel we thought we would to get beyond the 100 block as everyone is engaged up at the beachfront); asked about Boardwalk building violation and if it’s been remedied (done and filled out applications); asked about having someone at DPW yard on Saturday or Sunday (Mayor Barrella: talked to DPW Superintendent – dumpster won't work due to heat and smell – would have to bring someone in to run truck – estimated cost of $600/weekend and there would be an impact to people in area with truck running constantly for 3 hours; Administrator Riehl: down a truck for the rest of the season due to fire) think we should look at once/week pick-up especially in the winter; Shade Tree sold 17 trees and are taking orders for fall – have ongoing paver program in lieu of benches; on two conference calls with another next week regarding Environmental Commission involvement in Sustainable NJ – adding an animal component and our community will be one of the models; almost in compliance with Ocean County Board of Health on trailers – only 10 kittens this year; Council spoke about establishing a grass disposal committee – Ocean County landfill will stop taking shortly – Environmental Commission has expressed their feelings via memo and does not wish to become involved with that committee; attended Ocean County Environmental Commission meeting – spoke about Ocean County’s 2good2waste.org/oceancountynj – like a ‘Craig's List’ for county residents; Jazz Fest was wonderful – Car Cruises will be on Tuesday nights – lots of new restaurants downtown – Farmer's Market starts this weekend; had some illegal cutting at Lake of Lillies last weekend.

Councilman Hennessy: No report.

Councilman Corbally: thanked Chief O'Hara, Lt. Dikun and their entire staff – police respond amazingly quickly to complaints – seem to be very diligent; thanked Administrator Riehl for help and Mayors for coming to 125th Anniversary Celebration – thanked School Superintendent Ravally for getting kids involved in essays and Joe Leone’s for great cake – thanked Chamber and Chamber Director Vaccaro – had real neat event for small budget; through end of May, revenue is up $50,000 over last year, mainly due to cell tower revenue – rest is flat.

Councilman Lurie: Building revenue total through April is $207,068.15 – up from last year at $194,273; FEMA committee met and is working on larger reduction for residents’ flood insurance – saved $250,000 in residents’ insurance premiums due to work by Flood Plain Mgt Coordinator Gardner; asked about status of Adopt-A-Spot at Lake of Lillies (Governing Body put moratorium on adopt-a-spot when Lake issues arose); got $250,000 for street sweeper as a result of meetings attended, with Mayor, for Barnegat Bay Initiative; Engineer is meeting with Little League to finalize plans for bid.

Councilman Dyer: Open Space has sent Governing Body their recommendations for 2011 Green Acres award – recommend paying down debt of $3.2M – agree with them that the $450,000 award, once received, should be directly applied to that debt service; good news that revenue is flat – poor spring to date, when talking to others around the state – getting more revenue from new boxes – boxes should bring us $250M and re-striping of Silver Lake lot should bring another $66,000; cameras should be ready to go in 2012 – Brick secures $70,000 per intersection – if we get $100,000 for the year on four intersections that’s a big plus – think it’llbe a lot more than that, but $100,000 would be substantial help with the 2012 budget; asked about doing research into cameras to issue speeding tickets like they do in Maryland (Lt. Dikun: permitted in many southern states but not currently permitted in New Jersey).

Mayor Barrella: gone out to bid on Lake of Lillies landscaping – asked when bids would be submitted (authorized bids - bid opening date has not been set); been an eventful wildlife week with visitor in Little Silver lake – police have alerted residents around all the lakes as they are interconnected; eventful week in Trenton with pension and health care reform which should help control costs; Officer Scott Nase is on cover of Meridian Health News – back on the beat after his bout with cancer; been writing letters to DEP and communicating with legislators and League of Municipalities, which recognizes our situation.

Administrator Riehl: met yesterday with Clem Bremmer and representatives of the DOT in regards to Rickover Park – they have committed to continue watering there through September – going to do some maintenance but we will be responsible for mowing around the walk – talked about putting up nesting boxes and some small signage to identify the different plants (Councilwoman Tooker: suggested using gator bags); property sale been advertised with one RFP requested; emergency notification RFP has been advertised with five RFPs equested; Borough Hall is slowly being painted through County DOC – labor being provided free, just have to provide lunch; met with school business administrator – interested in solar panels and asked if Borough would partner with them – no outlay, construction or engineering, of any sort – just reduction in electric bill – asked if Council would be interested in pursuing (Councilman Lurie: making their money through federal energy tax credits).
Glen Paesano, PPB: warned that the life expectancy of solar panels is 10 years and then you’re left with useless panels cluttering your buildings – have to work something into the deal so you’re not left holding the bag – make sure they clean and maintain them.

Upon motion by Councilman Hennessy, with second by Councilman Corbally, the meeting was adjourned at 10:51 PM.


Transcribed by: Maryann Ellsworth, Municipal Clerk, & Eileen Farrell, Deputy Clerk


Attest: Maryann Ellsworth, Municipal Clerk


Published July13, 2011 | Council Minutes | 1226


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