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July 12, 2011

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:33PM with Mayor Barrella and Council Members Hennessy, Rizzo, Corbally, Lurie and Dyer present. Councilwoman Tooker was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Dyer, to enter closed session to discuss Court Shared Services Agreement, PBA negotiations, PERC grievance, closed session minutes, one contract and two potential litigation matters, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

Closed session began at 6:36 PM and ended at 7:34 PM.

The Governing Body came out of closed session. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act. Present were Council Members Hennessy, Rizzo Corbally, Lurie and Dyer. Councilwoman Tooker was teleconferenced and identified herself on speakerphone at 7:42 PM.

Mayor Barrella: there is no case law regarding phone participation, – Open Public Meetings Act seems to acknowledge telecommunication, but doesn’t specifically grant permission to participate by phone (Attorney Gannon: as per law commentators, it can be utilized, provided equipment is sufficient that the person who is remote can hear everything that goes on in the meeting room, including that of the public, and that the public and members of the Council who are present can understand what that person is saying – it should only be used on an occasional basis, for instance, for the purposes of making a quorum) bond resolution requires 4 affirmative votes - going into it with one down, if Councilwoman Tooker is not permitted to participate – understands the leading commentator on NJ governmental law has indicated that, if someone is going to participate, should do so for the entire meeting (Councilman Lurie: questioned the number of votes; Bond Counsel Mayer: bond resolution needs majority of full membership or 4 votes - bond ordinance, upon introduction, needs majority of quorum) Council should embrace Councilwoman Tooker’s willingness to take time from vacation to participate – important to have her participate on the bond ordinance (Attorney Gannon: Council establishes protocol; Councilman Hennessy: you know what you’re getting into when running for Council – shouldn’t schedule vacation and participate by phone; Councilwoman Tooker: has spent July in Florida, since long before she was on Council, and has always called in for July meetings – don’t know why, suddenly, it’s a problem – people elected her to do a job - is willing to spend a lot of cell minutes and evenings trying to help at Council meetings – in the spirit of the Open Public Meetings Act, everyone should be allowed to speak; Councilman Dyer: there is an emergency with the bond issue, so Councilwoman Tooker should be allowed to participate – should stand by what Attorney Gannon recommends but, moving forward, should only be for emergencies; Councilman Lurie: should schedule vacations around Council meetings – has no objection, since it’s an emergent situation, as long as she stays for the whole meeting). Consensus was to allow Councilwoman Tooker to participate.

Department head memos were discussed, with items moved to agenda; Councilman Corbally: asked if Elks members (himself, Councilmen Lurie and Rizzo and Mayor Barrella) could participate in discussions about Elks (Attorney Gannon: need majority of quorum, which is 4, and only 3 members of the Governing Body are not Elks – if ‘Rule of Necessity’ is applied, everyone can vote); Councilman Dyer: asked if there was a problem with him voting on a curb cut if he lives next door (Attorney Gannon: no; Mayor Barrella: will consider separately and he can decide if he wants to vote); Clerk Ellsworth: explained Consent Resolution 1/c – policy of past Governing Bodies to not allow new events in town (consensus was to adhere to policy of allowing no new special events).

Mayor Barrella addressed e-mail from tourist regarding what she considers parking lot price gauging – asked if Council was willing to re-visit the ordinance, introduced in 2008, requiring private lots to post rate schedules and file them with the municipality – businesses in town have floating rates, which is unfriendly to tourists (Councilman Corbally: law of supply and demand; Councilman Dyer: capitalism – not an issue Council should address). Issue died for lack of action.

Mr. Berens and Mr. O’Donnell of O’Donnell Stanton were present to answer questions about Sanitary Sewer Rehabilitation proposal.
Attorney Gannon: explained appropriation mechanism – if Council wishes, can authorize funding, and also authorize the bidding to go out once that funding is in place – asked about timeline for going out to bid (had mentioned receiving bids in September – then, can act on it in September or October; Mayor Barrella: directed that both authorization for funding and for bidding be put on agenda; bids would go out, assuming funding is in place, with a targeted date of receipt of September).

Mayor Barrella called the regular meeting to order at 8:17PM.

Motion by Councilman Corbally, to approve June 21, 2011 Council meeting minutes, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA
Councilman Rizzo….Abstain

Motion by Councilman Corbally to amend the agenda to allow for separate public participation on Consent Resolutions was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Tooker, Corbally ….YEA
Council Members Hennessy, Rizzo, Lurie, Dyer….NAY

Mayor Barrella: exercised authority granted to him under state law and directed DPW to pick up all garbage in town – leaving garbage on the streets, over 4th of July, in 90-degree heat, posed a real health hazard – directed Mr. Trout to pick up all garbage, regardless of borough ordinances, except recycling, which must be picked up in conformance with the ordinances – original directive was about to expire last Tuesday – because of the weather, he extended it through 11:59 PM tonight – asked Council to suspend the ordinance through Labor Day weekend.
Councilman Hennessy: discussed for hours at the May 31st meeting - Council gave Administrator and DPW directive on how to proceed – Mayor never gave it a chance – took it upon himself to give DPW a directive to violate an ordinance, ignoring what was talked about and 4 out of 6 Council members agreed on.
Mayor Barrella: asked for and received a written opinion from Borough Attorney, indicating that Mayor has the authority, under state statute, to order such action on an emergent basis – to protect Borough residents and businesses from health and safety issues presented by uncollected refuse along borough roadways – trying to pound a square peg into a round hole was not working – would like Council’s backing, but if he doesn’t get it, will issue another directive to Mr. Trout to pick up garbage – Council talked about enforcement, but has not yet begun steps to start a Code Enforcement Task Force – garbage is being left on streets with no ability to write tickets – the least a municipality should do for its residents is pick up garbage.
Councilman Dyer: lot of work was put into this ordinance – sometimes there are challenges with implementing same – need to provide people a place to dump garbage – don’t seem to be able to do that from area and cost standpoints – not in favor of suspending ordinance, in favor of continuing to pick up garbage, educate people and evaluating at the end of the summer.
Councilwoman Tooker: agreed with Councilman Dyer - totally appropriate for Mayor to exercise his power, due to health and safety issues, based on conversations with Ms. Riehl and Mr. Trout – he has the right and authority to issue that directive – should continue to enforce ordinance and need to get code task force up and moving.
Councilman Corbally: if we don’t suspend the ordinance, garbage will be left out until next pick-up – ordinance needs tweaking, but July/August is not the time to do it.
Mayor Barrella: garbage will be picked up, but it is a technical violation of the ordinance to put it out the wrong way, and subject to ticketing.
Motion by Councilman Corbally, to suspend ordinance until after the Seafood Festival, was seconded by Councilman Lurie and defeated by roll call vote.
VOTE: Council Members Corbally and Lurie ….YEA
Council Members Tooker, Hennessy, Rizzo, Dyer ….NAY

Mayor Barrella: addressed need for local option taxes or impact fees at his first Council meeting in 2008 – shared e-mails he received from residents about the deteriorating quality of life, due to the “disgusting” and “horrific” behavior of some visitors, including someone defecating on the sidewalk – the Boardwalk is drawing more and more of this type of clientele – residents have to barricade themselves in their houses - police activity at all hours of the night – moving away from being a family-oriented tourist destination – problem affects residents and tourist industry – have reached a crossroads – doing nothing is not an option – wants to afford tourism industry an opportunity to craft a solution – encouraged that Pat Storino and Ed McGlynn of Jenkinson’s recently sought to meet with Administrator Riehl and him – invited many leaders of various segments of the tourism industry to a meeting on July 19th – hopes a solution will be crafted – if the tourism industry is unwilling or unable to address the problems, he will seek to have Council take the necessary steps to bring them under control by enacting some or all of the reforms advocated in the e-mails he received – Pt. Pleasant Beach cannot afford to devolve into Seaside Heights or Keansburg – have a very small window to prevent this – has faith that Governing Body and business leaders will step up before next Council meeting – meantime, he will work with Police Department leadership to explore immediate options – taking major step tonight, in asking Attorney Gannon to strengthen the Animal House Ordinance – need to strengthen ordinances dealing with public intoxication, increase fines, and perhaps take more drastic steps which need to be discussed with the industry first – asked either Council Member Tooker or Corbally to participate in the meeting, as well as either Councilman Hennessy or Lurie (Councilmen Corbally and Hennessy will attend) confident this can be resolved without having to go to the next step – public will be allowed to attend with a 1-minute opportunity to speak.
Councilman Lurie: interested in attending – meeting should be advertised (Mayor Barrella: not a Council meeting – should work it out with Councilman Hennessy, or he’ll close it – won’t have Open Public Meeting Act games stand in the way of getting together with business community to solve the problem amicably – believes Councilman Lurie has a conflict – if he wants to sit in the audience, fine; Attorney Gannon: advised advertising, since discussing borough business and may have a quorum).

PUBLIC PARTICIPATION PERIOD OPENED AT 8:55 PM

Dave Cavagnaro, Pt. Pleasant Beach (PPB): disappointed Council doesn't want to hear from the public on 10 resolutions being carved out; thanked Mayor for declaring emergency and addressing quality of life; e-mailed Council on Farmers Market and only Councilmen Lurie and Corbally responded – asked how it can take place on public property without Council approval – nice thing, but should not be in a paid lot where we lose revenue (Councilman Hennessy: should be approved, but doesn't think we're losing money – lot is not close to filled during Farmer’s Market; Councilman Corbally: at 1:38PM last Sunday, people were waiting to get into the lot) Mr. Cavagnaro: suggested moving to west side of lot or to Borden's lot (Councilman Dyer: doesn’t have a Pt. Pleasant Beach e-mail box – should ask Clerk Ellsworth to make copy and put in his mailbox) if Councilman is willing to give his home phone number and Council has laptops, should all be connected via e-mail to the community (Councilman Dyer: from a legal standpoint, people can OPRA things and take his computer – has business he conducts on that computer – that’s why he doesn’t do e-mails on town business – people can call or come to his house) thought that’s why the town bought laptops (Councilman Dyer: doesn’t have one) asked why closed session items are no longer listed on agendas; asked Council not to support resolution opposing bills which allow public greater access to information (Clerk Ellsworth: parts of the legislation are good and parts are problematic – eliminates pending litigation as reason for closed session – requires publishing in more than one newspaper – requires resolutions be posted on website – will run out of web space – would craft opposition to only those issues) copy of legislation should have been made available to the public; Council is sending message that they don’t want to hear from public – asked that, at next meeting, public be allowed to speak on individual resolutions.
Marilyn Burke, PPB: commended Mayor for taking stand on quality of life; asked about the purpose of bonds in item 1/w [Mayor Barrella: turning temporary financing (BANs) into permanent financing (bonds) – money was used for routine capital improvements, purchase of Inlet and Risden’s properties – part of bond payment will be funded through Open Space Trust Fund]; asked about interest rate (Auditor Korecky: about 3.85-4% for 20 years – about $2.9M over 20 years) asked how this will affect future budgets – too complicated for Consent Resolution (Bond Council Mayer: fixed rate serial bonds, paid off after 20 years – very common to convert temporary to permanent financing – can roll BANs for 3 years, without principal pay-down, up to 10 years with minimal principal pay-down – need to amortize debt; Councilman Dyer: asked what part of the $6.1M is Open Space purchases; Mr. Mayer: $2M) asked how's it going to affect taxes (Mayor Barrella: starting with increase of 1cent + .7 cent coming out of Open Space – depending on rest of the budget, can be more or less – debt service is outside tax levy cap) asked if Council can let public know what to expect for future taxes; asked about seasonal rentals on agenda (Mayor Barrella: on agenda to authorize Attorney to amend seasonal rental ordinances – follow-up to May 10th Council meeting).
Vince Castin, PPB: commended Mayor for addressing quality of life – worst he’s seen since he’s lived here – asked about sound tests with regard to Jenkinson’s ABC renewal; recited poem he composed about the snake in Little Silver Lake.
Kim Dietz Kabel, PPB: presented information on Farmer’s Market – established in 2006 by Council Members Tooker and Corbally – uses no police coverage – asks for one-time sign printing by Chief’s office – uses no DPW trash removal – DPW does a one-time barricade drop for the season – local committees and non-profits are invited to do fundraising – supports local businesses and farmers – will bring state recognition from Sustainable Jersey Rutgers, which awards grants to certified municipalities – market earns points towards certification – promotes tourism – advertises with money collected from vendors – works the market every Sunday and talks to patrons – getting new people and interest regularly – family atmosphere – school organizations are welcome – scales back and moves barricades to free up parking spots when lot fills up – she moved back to town in 2009 – heard from volunteer that market was not going to run anymore because Borden’s lot configuration had changed and volunteers ran out of steam – happy to run the market almost entirely alone – came before Council in 2009 and asked that it be moved to train station lot – she asked for permission, it was granted and she has continued on since – this year, she was told to fill out an application, so she picked one up last week and submitted it tonight (Mayor Barrella: asked about Special Event procedure and Clerk Ellsworth explained; Councilman Corbally: goal was to bring people into downtown stores – vendors always wanted to move to railroad lot because there is more exposure – difficult to do by oneself – asked how she would feel about moving back to Borden’s lot) would be disappointed – believes she is part of the downtown because she is in a highly visible location on Arnold Avenue – has invested in signs that point to the train station (Attorney Gannon: make subject to police review and approval – as long as Council knows what they’re voting on, can take a vote).
Motion by Councilman Hennessy, to approve the Farmers Market to be held in the train station lot through September 11, 2011, from 10AM to 2PM, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA
Councilman Corbally….NAY
Glen Paesano (PPB): asked about raising parking fines, since they are less than parking fees (Mayor Barrella: can look into – must go through the AOC, which considers Pt. Pleasant Beach to be at the high end of the scale; Lt. Dikun: have explored possibility of increasing parking fines – described the procedure – once you get to the higher end, AOC starts to look at entire fine schedule – if fine for local violation exceeds that for a state violation, you run into statutory problems and risk potential challenge to the fine structure) asked about ticketing every 8 hours instead of 24 (Lt. Dikun: would be difficult from an enforcement standpoint – would have to give it some thought; Councilman Dyer: if it’s perceived that a municipality is trying to generate revenue via fines, whole fine schedule is evaluated) asked about a handling fee (Lt. Dikun: if fines are paid online, handling fee goes to state, not municipality); asked what land is for sale (Mayor Barrella: old water treatment plant on Cook’s Lane); Consent Resolution 1/o is a mistake –Recreation Committee voted unanimously at last meeting not to hire additional counselors or make additional expenditures over $500, aside from what was unanimously approved; (Councilman Corbally: not his understanding; Mayor Barrella: read an e-mail he received on July 2nd from Park Director Wilcox; Clerk Ellsworth: counselor has been working; Attorney Gannon: if there is money in the budget, Council could override the Committee) just got this turned around so it’s profitable – salary of one counselor pays for all three events on tonight’s agenda (Councilman Dyer: group needs to get together with Administrator Riehl; Mayor Barrella: group and Ms. Wilcox have to get on same page; Councilman Corbally: suggested a Committee meeting, including Director Wilcox and Chairman Ammirata, with Councilmen Corbally and Hennessy; Clerk Ellsworth: will advertise a meeting on July 18th at 7PM; Council will hold vote).
Valerie Famous (past Exalted Ruler, Pt. Pleasant Elks): spoke about recent denial of and questions regarding social affairs permits – discussed the Elks charitable activities –in these economic times, social events are needed – cannot rely on donations – Elks has 700 hard working, professional members who commit time and energy to helping others – looking at innovative programs and marketing – invited all to Special Needs Picnic on July 27th – July 30th event was for a child prodigy to donate money to an organization for people with terminal diseases – denied because of alcohol – event can be run without alcohol, but might not get the same turnout – implored Council to allow the Elks to do what they do best, which is help others (Councilman Corbally: is an Elk – there are a lot of alcohol-driven problems in town – Police Department is stretched as thin as it can get during summer) don't just serve alcohol – it's secondary, it's not what the event is about.
John Olsen, PPB: commended Mayor for hopefully beginning a positive dialogue with businesses being impacted – last week, had a stranger in his backyard urinating – several days later, a drunk woman on the corner of Randall and Harvard dropped her shorts and urinated on the curb – these incidents were not reported and not reflected in police numbers – believes majority of incidents are not reported – Al Varosi had three men in his yard the other day watering his garden – getting out of hand – had friends visiting last weekend – took children to the Boardwalk, where they felt intimidated and uncomfortable and probably wouldn’t go back – neighbor has a 25-year-old daughter who won’t go the Tiki Bar and Jenkinson’s at night anymore because she is afraid to walk alone – no longer family town because of the quality of people coming here.
Patty Ascolese, PPB: doesn't feel comfortable walking to Boardwalk with her grandchildren – been living here 21 years – this is the worst she’s seen – confident and happy about Tuesday night’s meeting – police doing a great job – see something bad coming – told by one visitor it’s too far to go to the bathroom on the Boardwalk – he was from Newark and said they’re getting discounted transportation and beach passes (Councilman Dyer: NJ Transit was giving them out last year, to Pt. Pleasant Beach and other towns) has nothing against people coming from the inner cities – hears nothing but cursing on the Boardwalk – seeing what appears to be gangs – asked about Community Watch Program – suggested extra police at train station (Lt. Dikun: Community Watch Program has their own website – sometimes groups go inactive; Councilman Hennessy: also seeing problems in District 2 – saw a very intoxicated woman in a bikini, stumbling, looking for her car, cursing on her cell phone – she fell on someone’s lawn in front of little kids and had to be apprehended by police – also witnessed someone in a car with New York plates throw a beer bottle out the window at a kid coming from Jersey Mikes) doesn’t think our Boardwalk is any different than Seaside’s (Councilman Lurie: need an emergency appropriation for more Special Officers; Mayor Barrella: people in this room would pay for it and the people profiting from it and those causing the problem would get a free pass – will be talking to Lt. Dikun tomorrow about getting more cops out there through strategic use – asked how long the budget will take us through; Lt. Dikun – will be tapped out by Labor Day – numbers have depleted over the last couple of years because of decreased funding/budgetary problems – thinned out manpower-wise – complemented Elks, but has 2 available officers on July 30th – would have to take 8 officers off the beachfront or have them do 14-hour shift – have officers doing 60 and 70-hour weeks, due to amount of arrests and citations – even if Council gave them money, doesn’t know how he would get the people out there right now – if don’t do anything by the end of summer, will start off in a hole next year – culture of people coming next year will start off the same as it ends this year – don’t have a reserve of officers to draw from).
Councilman Lurie: been talking with State Police – Seaside has what’s called a “tac pack” – trying to get them in for a Saturday night – it’s Federal funding for the State Police through the Obama Administration – they call it something like “Quality of Life Patrols” – need letter from Council to State Police, stating that they can use our facilities and give police more manpower to patrol (Lt. Dikun: only limitation is that they are doing mainly traffic coordinating; Councilman Rizzo: disagreed – “tac pack” unit handles DWI – drugs and alcohol; Lt. Dikun: on the same page – but State Police are not going to help with someone urinating in a residential area; Councilman Lurie: could maybe help on Route 35 so others could be allocated elsewhere; Lt. Dikun: not going to hurt, but not going to focus on quality of life issues; Mayor Barrella: any additional funding or help we can get from the State Police is worth pursuing – he’ll sign a letter and can get one from the Chief, but have to do some self help; Councilwoman Tooker: thanked Lt. Dikun for being at the meeting – police have been warning us for months – she, Councilman Corbally and Mayor Barrella have been trying to sound the alarm as well, and do things to make a difference – nice to hear Councilmen Hennessy and Lurie finally say that maybe they’ll help out and support some of these efforts – Councilman Corbally had a few ideas that would have raised revenue for maybe a couple more Special Officers and some garbage clean-up – Council has voted against everything we’ve tried to do – maybe we’re seeing turning point on Council – that you’re realizing how grave the situation really is and that things have to change – the meeting the Mayor has called on Tuesday is a big step – giving the tourism industry a chance to try and work through this with us – we’ve reduced our police force through attrition and cut the budget for Specials – hopefully, seeing a turnaround in Council's attitude; Councilman Hennessy: tried to crack down on animal houses and people coming into town two years ago – the Councilwoman is talking strictly about money – he is talking about doing things not to attract these people; Councilwoman Tooker: need to do something and it might be drastic, like an earlier bar closing, so the bar crowd isn’t going into the neighborhoods all night; Mayor Barrella: asked Clerk Ellsworth to let him know the deadline for Council to approve putting referendum on the November ballot – will see if it’s possible to do at second Council Meeting in August) people, including senior citizens, are afraid to drive in town – mentioned possible illegal parking at a corner restaurant (Lt. Dikun: will take a look).
Kristin Hennessy, PPB: welcomed Councilman Rizzo – happy to see him back in good health, as well as Councilman Lurie, also in good health, after his car accident; disapproves of Councilwoman’s call-in – at May 31st meeting, Council voted not to allow this any longer – difficult to hear person on the phone from the back of the room – uncomfortable that she can't see the person nor read body language – dangerous precedent, potentially could come in to find 7 telephones set up – would like this to cease and desist for future meetings; spoke about garbage – in District 2, a resident put recyclables out in a laundry basket – flies were disgusting – that’s a health and safety issue – someone else had recycling out in an uncovered container that had been knocked over and there was an opossum in it – important to have garbage in covered cans, so potential rabid animals can’t get in – garbage should be picked up, but summonses should be issued for those who do not put it out appropriately; likes what Councilman Lurie said about an emergency appropriation for Special Officers and Code Enforcement Task Force – asked Council to vote on it this evening and not wait a week; addressed item 3/g – seasonal rental ordinance – Councilman Hennessy brought this up 2 years ago – glad Councilwoman Tooker is finally getting on board – don't know why it took so long for Council to realize there is a problem with seasonal rentals – kudos to Council for putting on the agenda; commented on item 2/d – asked Council to support keeping court in Point Pleasant – when she walks her dog past Borough Hall in the morning, likes that she doesn’t have to deal with court patrons; thanked those who supported Ms. Dietz Kabel – does a tremendous job with Farmer’s Market – positive, family-oriented community event (Mayor Barrella: asked Ms. Hennessy if she has abandoned her position that our Police Department is too big) no – department is too large in winter – supports Specials in summer – can do with fewer in winter (Mayor Barrella: asked if she is aware of DCA study, saying Pt. Pleasant Beach should have 24 officers) yes – also aware that, per census, we have about 1,000 fewer residents in 2010 than in the year 2000, which is the population on which the study was based (Mayor Barrella: asked if she believes the study concluded needing 24 officers because of full-time residents, not because of the 20+ liquor licenses and 40,000-50,000 people who come here on a given summer weekend) not talking about summer – already clarified where she stands (Mayor Barrella: bars are open year-round – in Manasquan, Osprey is only open Friday and Saturday night from Memorial Day to Labor Day – asked if she sees a difference there) no – should be using Special Officers in summer and doesn't necessarily agree with the decision to cut Special Officers’ budget last summer.
Mike Ramos, PPB: asked Councilman Hennessy if the woman who got apprehended was charged (disorderly conduct); excited that Council approved mulch and the money isn’t coming out of Recreation Committee budget, but enough was ordered to do park three times – being thrown down over existing mulch and weeds, with no fabric put down – kids are playing in it – needs to be addressed quickly, before someone gets hurt; acknowledged Mr. Castin’s poem – also been a snake sighting on Ocean Avenue – offered his services, as a 25-year hotel industry executive, to help in going after hotel tax thing – attested that it has no impact on hotel business here.
Al Varosi, PPB: summertime and the livin’ ain't easy – hears sirens all night –diapers, trash in the gutter, condoms on lawn, men urinating in his backyard, total nudity on the streets, bicycles stolen two houses away and on Baltimore, graffiti on homes and cars – a lot has to do with visitors; lot of problems are caused by the people who park in neighborhoods – residents, business owners and employees, rental homes, day trippers, and night trippers – the other day, had a totally nude man in front of his house – need to get these people into our lots so we can raise revenue – need something that makes both residents and business owners happy – need parking permit plan, similar to Lavallette and East, West and North Streets – limiting in the morning and at night – need to get people off residential streets – would increase revenue and safety, and lessen traffic – businesses could be issued permits based on number of employees – need plan for next summer – need signage to the Boardwalk – can also increase parking substantially – could double Little Silver Lake lot capacity with valet service – could convert parts of Arnold and Broadway to head-on parking, east of Baltimore – would increase traffic calming – would get people out of neighborhoods and onto two routes going onto Boardwalk.

PUBLIC PARTICIPATION PERIOD ENDED AT 11:06PM

Mayor Barrella asked that Resolution 4 be considered first, as Auditor Korecky and Bond Counsel Mayer have been sitting here all night.
RESOLUTION 4: Authorization for sale of general obligation bonds ($6,177,000) was considered.
Motion by Councilman Corbally to authorize sale of general obligation bonds was seconded by Councilman Dyer and approved by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA
Councilmen Hennessy and Rizzo….NAY

Motion by Councilman Dyer, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by roll call vote.
CONSENT RESOLUTION 1:
a) HELD for separate consideration as Resolution 9
b) Payments to Pedroni Fuel for gasoline & diesel fuel ($37,905.94)
c) Refund Bruce tax overpayment ($3291.34)
d) HELD for separate consideration as Resolution 10
e) Payment to Verizon Wireless for annual mobile broadband fees ($2879.28)
f) Amend Streetlight Ministries Special/Event App
g) Approval of junior membership in Ocean Fire Co #1 (2)
h) Release road opening Bond – Landers ($1,000)
i) Payment to Brick Utilities for June bulk water usage ($97,716)
j) P O to Dell for DPW desk top work stations ($2476.44)
k) Approval of Payroll #13 ($270,771.53)
l) Payment to Edwards Tire Co for tires & service ($4469.12)
m) Memorialize appt of comfort station attendants
n) Appt Matt Nagel & Karen Mills to recreation committee
o) HELD (Appointment of additional counselor for Recreation Summer Park Program)
p) Amend Rutgers Special/Event App
q) HELD for separate consideration as Resolution 8
r) Approve Pt. Pleasant Ministerium S/E app for Crop Walk on 10/23/11
s) Approve PPB HS ‘Summer Band Concert’ at band shell on 08/04/11
t) Approval of computer generated vouchers ($2,548,286.93)
u) Opposition to Senate bill 1351 changing closed session, publication and other
meeting provisions
v) Opposition to Senate bill 2765 requiring authorities, boards and commissions to
establish websites
w) HELD for separate consideration as Resolution 4
CONSENT RESOLUTION 2:
a) P O to Devo & Associates for parking meter parts ($9,941.50)
b) Scheduled payments to PPB Board of Education ($2,293,080.55)
c) Payment to State of NJ for July health benefits ($102,195.89)
d) Authorization for Borough Attorney to continue negotiations on Court Shared
Services Agreement with Point Pleasant
e) Appointment of Barbara McAteer as Deputy Court Administrator
f) P O to General Sales for police car equipment ($2937)
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie (all but item 1/h),
Dyer….YEA
Councilman Lurie….Abstain (item 1/h) only

Councilwoman Tooker: asked if item 3/a is for the Inlet – it’s at DPW – waiting to be installed (Councilman Corbally: St. Peter’s will come up with money to install – only thing left is for Engineer to draw plans – thanked St. Peter’s and Max Gagnon).
Motion by Councilwoman Tooker, to adopt resolutions covering items listed below, was seconded by Councilman Dyer and carried by roll call vote.
CONSENT RESOLUTION 3:
a) Authorize T&M Assoc to prepare final engineering plans for wind turbine (not to
exceed $1,000)
b) Award of contract for 2010 road improvement program to C J Hesse ($472,542.52)
c) P O to NJFAM for 7th Annual Floodplain Mgt Conference ($195)
d) P O to NJFAM for 2011 membership dues ($20)
e) Reappointment of Howard Carpenter as Tax Assessor
f) Approval of Payroll #12 correction ($862.50)
g) Authorization for Borough Attorney to draft changes to the seasonal rental ordinances - Closed Session Item
h) Authorization to re-advertise land sale public auction - Closed Session Item
i) Approval of Elks Social Affairs Application for Oktoberfest
j) Establish hearing date for Wine Point, LLC Place-to-Place Transfer on 8/2/11 at
5:30PM
k) Approve curb cut at 54 Harvard Avenue
l) Approve Recreation Special Event Application for family fishing night on 7/23/11
m) Approve Recreation Special Event Application for mid-summer family social on
8/13/11
n) Approve Recreation Special Event Application for family s’mores night on 9/10/11
o) Continue Council policy of allowing no extra Special Events in town unless one
decides to change their venue
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie (on all but item 3/i),
Dyer….YEA
Councilman Lurie (item 3/i only)….Abstain

RESOLUTION 5: Approval of Elks Social Affairs Application for Music Concert for Charities on 7/30/11 was considered.
Attorney Gannon: under the Doctrine of Necessity, all can vote.
Councilman Hennessy: asked Lt. Dikun for his thoughts (Lt. Dikun: depends on where you want personnel – expect it would have to be manned the same as Oktoberfest – will have to pull officers from beachfront; Ms. Famous: not expecting same attendance as Oktoberfest or fluke festival – doesn’t know if they can borrow police from Pt. Pleasant; Lt. Dikun would have to pay their contract rate, which is probably 3 times the hourly rate per officer; Ms. Famous: would have maybe 1,200 people; Lt. Dikun: 4 officers will not be enough – would recommend a minimum of 6-8 officers).
Motion by Councilman Dyer to approve Elks Social Affairs Application for Music Concert for Charities on 7/30/11 was seconded by Councilman Rizzo and defeated by roll call vote.
VOTE: Councilmen Rizzo, Lurie, Dyer….YEA
Council Members Tooker, Hennessy, Corbally, Mayor Barrella….NAY

RESOLUTION 6: Approval of curb cut at 112 New Jersey Avenue was considered.
Motion by Councilman Lurie, to approve curb cut at 112 New Jersey Avenue, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Dyer….Recused himself

RESOLUTION 7: Authorization for Bond Counsel to draft bond ordinance for sanitary sewer rehabilitation project, and for O’Donnell, Stanton to prepare bid specs and bid once the funding is in place, was considered.
Motion by Councilwoman Tooker, to authorize Bond Counsel to draft bond ordinance for sanitary sewer rehabilitation project and to authorize Donnell, Stanton to prepare bid specs and bid once the funding is in place, was seconded by Councilman Corbally and approved by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Dyer….YEA
Councilman Lurie….NAY

RESOLUTION 8: Approval of payment to RKE Athletic for officers’ apparel ($2,952) was considered.
Motion by Councilman Dyer, to approve payments to RKE Athletic (Belmar – NJ) in the amount of $2,952.00 for apparel for police, special and parking enforcement officers (Funds for this purpose are contained in the 2011 Municipal Budget, Sub-Accounts 1-01-216-224), was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

RESOLUTION 9: Amendment to Jenkinson’s ABC License Renewal to remove need for sound tests was considered.
Motion by Councilman Corbally to amend Jenkinson’s ABC License Renewal to remove need for sound tests was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Dyer….Recused himself.

RESOLUTION 10: Annual approval for Jenkinson’s to store rides in trailers on their property was considered.
Motion by Councilman Hennessy, to approve Jenkinson’s request to store dismantled rides in trailers on Jenkinson’s South property during the off-season, was seconded by Councilman Rizzo and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Dyer….Recused himself

Ordinance 2011-19 (Single Stream Recycling) was introduced on first reading
Mayor Barrella: this gets our ordinance in line with County rules and regulations.
Motion by Councilman Dyer, to approve Ordinance 2011-19 on first reading, was seconded by Councilman Hennessy and carried by roll call vote. The public hearing will be August 2, 2011.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie, Dyer….YEA

COMMITTEE REPORTS:

Councilwoman Tooker: advocated receiving agenda by e-mail – saves time, money, paper, ink – don't need extraneous documents – wants agenda e-mailed all of the time and hopes the rest of Council will follow suit; encouraged Council to start using e-mail again – hears from angry residents who can’t believe only a couple Council members have it – it’s part of Council’s job and would make it easier if all were on the same page; clarified that both she and Councilman Hennessy started working on the Animal House ordinance years ago; been trying to work on Task Force for the last couple of years – asked Administrator Riehl, at last meeting, to meet with police and Code Enforcement Officer Petrillo to figure it out – doesn’t know if it happened, but hoping it’s still viable; Councilman Mercun looked into “tac pack” years ago, and it is really only for traffic.

Councilman Hennessy: thanked Dave and Scott Bassinder of Martell’s for $3,000 contribution to summer park program; thanked Martell’s and Jeff Pompeo for donating ATV to Police; commended Police Department on job they’ve been doing all summer – been a tough summer; asked about employee car usage – with cutbacks and furloughs, asked if it is in people’s contracts that they get to take a car home – shouldn’t continue (Clerk Ellsworth: general rule is that the fringe benefit was given to supervisors of departments who are on-call – several people used to take advantage of it – now it’s down to one, because he lives a distance and can be called in at any time – he gets taxed for it) trying to save money anyway we can and gas is not cheap.

Councilman Rizzo: received 4 anonymous phone calls during the week – complaints from Randall Avenue – abandoned trucks, cars, garbage and possible occupancy issues – says he's been calling and no one responds – talked to Sgt. Michigan, who went right out and checked – he took pictures and did a fantastic job; if residents feel no one is responding to them, they have other alternatives – can go to County, Board of Health, Attorney General’s office and Prosecutors’ office – should seriously think about forming a taxpayers association committee – if a violation is committed in town and no one is doing anything about it, file complaints against the department – if there is no follow-up, can charge that department that they are not doing their job, especially with regard to noise and garbage complaints; was on the “tac pack” and did DWI – when they stop vehicles, they can charge them with anything and everything.

Councilman Corbally: in spite of misunderstanding with Recreation Committee, there are 15-20 energetic people who really care – have 160 kids in park program – well supervised – having events – Bill Ammirata has been doing this for so long and hasn’t had this group of people around him, so maybe that’s where the confusion lies, but they’re doing a great job; unfortunately, did not receive any bids on Reverse 911 – maybe Councilman Dyer can help point us in the right direction; per Ordinance 2010-41, building east of the Boardwalk, those owners need to give Building Department a survey and Board of Adjustment approvals by the 27th of this month.

Councilman Lurie: attended meeting about Lake of the Lillies with our Engineer and residents who live around the lake – Engineer is implementing a lot of residents’ concerns into final design plans.
Motion by Councilman Lurie to set aside emergency appropriation for Police Department, in case they need it – would like input from Council and Lt. Dikun on how much to set aside. Motion died for lack of second.
Mayor Barrella: problem with doing emergency appropriation at this juncture is that CFO/Administrator Riehl, who can tell us what the ramifications are, is not here – would prefer Clerk Ellsworth advertise a meeting next Tuesday at 6:30 PM prior to meeting at 7 PM with business owners (Lt. Dikun: will bring to meeting what he needs).

Councilman Dyer: park benches along Boardwalk and other places are in disarray – people who donated bench have to maintain it – asked that they be contacted (Clerk Ellsworth: asked about reinstituting the program – some benches are still available and there is a waiting list); received letter regarding July 4th fireworks night – need an evacuation plan for fireworks nights – there is gridlock – Chief DePolo used to call the state to be sure the bridge wasn’t open for about 1½ hours afterwards, and even did something with the train – perhaps direct people to the south, or to Rte. 88 (Lt. Dikun: it’s a manpower issue) another issue for next Tuesday’s meeting.

Mayor Barrella: received e-mail that people were bathing in Lake of the Lillies – need “No Swimming” signs; doesn’t want formal Council meeting on the 19th – encouraged residents to tell their stories and concerns – businesses will be there to help craft solution – doesn’t want them to become subject of attacks – almost guaranteed likelihood that room will be closed after public input, so members of the government and business community can try and solve the problems – press is welcome while residents are here, but then will be asked to leave – need some level of privacy for free exchange of ideas; have played around with about 12 different agendas – analyzed minutes from 2008 through 2011 to see what time they’ve adjourned – meetings are going longer because Council is trying to do more with less meetings (Councilman Dyer: need to go back to 2004-2006, when probably 50% of the meetings closed before 10PM and probably a good portion before 9PM – don't think that's the only issue).

Mayor opened discussion to the public.

Kristin Hennessy, PPB: asked Councilman Dyer for status of red light camera ordinance (Councilman Dyer: at last meeting, Administrator said there would be a test and it would take about 4 months to get up and running) asked if Snow Removal Ordinance Committee has been formed – reiterated interest in serving; in 2008, borough bought building at end of New Jersey Avenue where “I’m A Local” operates – problem with beachside access for patrons from New York, Philadelphia and Washington Avenues, etc. –owners could increase profits if access was opened between end of the Boardwalk and New York Avenue (Councilman Dyer: problem regarding dunes and construction – would have to cut away a section of boardwalk – there is an illegal fence) fence needs to come down (Councilman Hennessy: Risden’s will not let us do that) asked Council to continue to look into and exercise authority – lease is up at the end of the summer – could be looking for tenants – not easy in this economy – parking lot seems to do well in good weather – need to work together to help them grow their business because it helps the town.
Dave Cavagnaro, PPB: Councilman Corbally mentioned Ordinance 2010-41 – asked what happens if surveys aren’t done by July 27th (Councilman Corbally: have to go to Board of Adjustment for Certificates of Non-conformity) asked if that voids agreement with Council.
Marilyn Burke, PPB: asked if it’s in the contract for employee to take car home as fringe benefit – if not, should stop before other supervisors decide to take advantage – suggested he use his own car and use IRS schedule to be reimbursed for gas, maintenance, etc. – shouldn’t be overly concerned with this employee, but with the residents – have to save money – watch taxes – asked Councilman Hennessy to go forward with this.

Motion by Councilman Lurie to adjourn was seconded by Councilman Corbally and carried by consensus.

Meeting was adjourned at 12:08AM on July 13, 2011.


Transcribed by: Eileen Farrell, Deputy Clerk

Attest: Maryann Ellsworth, Municipal Clerk


Published August04, 2011 | Council Minutes | 1237


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