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September 13, 2011


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:37PM 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 Teamster negotiations, Court Shared Services Agreement, police investigation inquiry, potential litigation, personnel, and parking ticket litigation matters, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Closed session began at 6:39PM and ended at 7:31 PM.

Mayor Barrella called the regular meeting to order at 7:41PM. 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.
A moment of silence was observed for the two young men who perished in Point Pleasant Beach during Hurricane Irene.
Administrator Riehl: started Best Practices Inventory last year – this year, Governing Body is required to review at public meeting – two items are marked “prospective:” - increases in collective bargaining agreements and policy on absence from meetings – State wants municipalities to have their own absence policies for Council, boards and committees (Councilman Corbally: asked Council if there are any objections to adopting own “Pay-to-Play” in lieu of using State policy; Councilwoman Tooker: state ordinance isn’t strong enough; Councilman Dyer: would like to research it; Councilman Lurie: asked that a Political Contribution Disclosure codicil be added to 2012 RFPs; Mayor Barrella: should also disclose if a professional’s spouse is managing a candidate’s campaign; Councilman Corbally will circulate proposed Pay-to-Play).

Administrator Riehl: reported on recent bond and BAN sales – received great interest rates; request for water/sewer bill relief for 116 New Jersey Avenue was denied – owner came to ask for relief.
Father John Spina, Point Pleasant Beach (PPB): reading was for 15,900 gallons more than last year – no leaks – didn’t water the lawn this year – put about an inch of water into his pool twice this year – believes meter is wrong – concerned this will happen again (Mayor Barrella: asked if water is accessible from outside, if it is in a secure area, and where the hose is) hose is at the side of the house; (Councilwoman Tooker: suggested having the Water/Sewer department check the toilets to see if they are running; Administrator Riehl: went back twice in August – was not vastly different – meter was pulled and tested – ultimately, town has to pay Brick MUA for water used; Councilman Corbally: as per policy, if meter is working, bills aren’t adjusted) asked about one-time relief (Ms. Riehl: typically give sewer relief if there is a leak; Councilman Dyer: asked that Water/Sewer personnel check more thoroughly before discussing at next meeting; Administrator Riehl: if under investigation, will waive interest) meantime, will pay half, $250, which is what is normally paid for other quarters.

Motion by Councilman Corbally, to approve August 2, 2011 and August 23, 2011 Council meeting minutes, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker*, Hennessy, Corbally, Lurie*, Dyer*….YEA
*Council Members Dyer, Tooker, Lurie….Abstained from vote on August 2, 2011 minutes.

First Reading of Ordinances and Resolutions) OPENED AT 8:07PM

Tom Highton, PPB: asked status of Cooks Lane pump station – if regular size lot, if owned by PPB, if any EPA or other restrictions, and if only bid was for $31,000; asked status of overnight parking referendum and of community/business meetings.
Dave Cavagnaro, PPB: thanked Emergency Management, Police, DPW, Mayor Barrella, Councilman Corbally, Administrator Riehl, Clerk Ellsworth, and all involved with hurricane preparations – did an outstanding job – JCP&L did a lousy job – lights still out on Parkway between Baltimore and Ocean Avenues for the second time this year – asked Council to consider putting money in escrow and not paying bills until lights are fixed; asked how town would pay for Little League project, and that Council not take all money from Open Space, but consider notes or bonds (Mayor Barrella: Administrator Riehl ran numbers – alternative is to take $225,000 of Green Acres money to pay down BANs and put the other $225,000 into the Trust Fund to pay for Little League project – explained how it would be amortized over 7 years); don't see how quality of life will improve next summer – can either do nothing, pay significant overtime or fund Specials’ training – requested funding training; recommended tabling Ordinance 2010-50 – have pictures of bags all over Ocean Avenue with no animals getting in.
Ben Dispoto, PPB: thanked Emergency Management, Police, DPW, Administration and Council for work during and after storm – sees lots of debris in Monmouth County, while PPB is relatively free of it; asked status of Court Shared Services Agreement (Attorney Gannon: understands the Boro has agreed, in principal, to what was agreed to by the Administrators – should have something at next Council meeting to present for vote); asked if court was staying there (court offices will remain, for the most part, in the Boro, but Beach court sessions will be in PPB; Administrator Riehl: explained how she and Boro Administrator Maffei came to this agreement – there was controversy over finances – the lack of having our Police Department available during court sessions – bringing Beach court back to PPB solves a variety of issues – will continue to receive roughly $50,000 from the Boro that would be lost if the agreement was terminated) being held hostage to the Boro – doesn’t sound like the way it was sold 2 years ago; should get ahead of the curve and okay people for next year with Resolution 1; asked about 2/y and if there was a time limit; on Resolution 3, asked if town came into a lot of money (balance in Open Space Trust Fund is $575,000 with other revenue coming in) asked how much we owe (bonds and $950,000 outstanding in BANs) instead of spending, asked about paying down what is owed – an extraordinary amount of money – Little Leagues in other towns are self-funded.
Vincent Castin, PPB: thanked Mayor, Police Department, Administrative and Emergency personnel who did an excellent job; on Resolution 1, no reason not to do it immediately; on Resolution 3, $500,000 is outrageous – Little League should be self-supporting.
Anne Lightburn, PPB: thanked Council for great job during hurricane; 9-11 memorial and marshmallow roast on beach show positive things going on in town; parents and children feel passionately about Little League fields – should not go forward, due to finances (Mayor Barrella: $450,000 coming in and another $500,000 looks hopeful) most fiscally prudent to pay down the debt (Mayor Barrella: asked about splitting the $450,000 to pay off debt and fund the Little League project) opposed, should go against the debt – if town gets another $500,000 from Green Acres, use that money for the field – Open Space Trust Fund is to benefit everyone (Councilman Dyer: asked if letter was unanimous from Open Space) from her and her husband (Councilman Dyer: asked if Open Space was in favor of what she laid out) committee has been consistent that debt obligation is the #1 priority – Council has allowed a large surplus to accumulate without doing debt service (Councilman Dyer: asked if committee voted to send letter) previous letter said such a project should have had public hearings – was reviewed by all and approved by majority (Councilman Dyer: asked who is on the Open Space Committee and if there was a vote to approve the letter to Council) previous letter was approved by everyone.
Stephen Reid, PPB: urged Governing Body to support Little League field improvements – his parents were instrumental in helping to design and build the field – likes idea of using half to pay down debt and half for field; applauded police for work in District 4 this summer – their additional presence improved quality of life, kept problems to a minimum and sent message that we will not put up with the nonsense next year – cost taxpayers $95,000 – would have been cheaper if taxpayers had received the $40,000 offered by Jenkinson’s for the Snap, Crackle, Pop program; asked Councilman Corbally if Jenkinson’s had filed Special Events applications and if not, if fines were issued - asked how much money was made through Special Events this year (Jenkinson’s has been billed – they offered $40,000 in lieu of filling out applications – they were told that Council would be willing to accept the $40,000, but donation can't come with strings attached) was there that night – nothing was attached – Police needed money and Jenkinson’s was nice enough to offer $40,000 (reiterated that Jenkinson’s wanted to donate money with strings attached) asked if Council went after them for the Special Events (Council would not approve going after them – since then, have continued to bill them – bills are approaching $30,000 – don't know if they will pay, nor if Council will enforce) Mayor and Council needs to go after them; regarding Resolution 4, the garbage ordinance is an example of government officials creating a town-wide problem, instead of going after those who caused it – must enforce the law – go back to the old ordinance – stop confusing residents (Mayor Barrella: asked if we should go back to before passage of ordinance in November 2010) yes, good intention, but went awry; read on the “Patch” that Mayor met with Governor about options tax (spoke briefly on the Boardwalk – been in contact with his office to set up a private meeting) read that the Mayor was going to meet with him about a week later (was at Drumthwacket with 200 other mayors – focused more on FEMA and hurricane relief – Governor gave speech and left) asked where options taxes lies with the legislature (Mayor Barrella: some in favor – important that our legislators get on board – unfortunately, our outgoing senator’s family owns a parking lot in PPB) he’s a Republican, we have a Democratic legislature – asked how the bill is going, been 4 years (Assemblyman Kean drafted a bill to extend hotel/motel tax to seasonal renters, but District 10 Assemblyman Wolfe wouldn't get on board – haven't yet heard from Holzapfel – when there are fundraisers for legislators at the homes of those who run our major businesses, who oppose this, not going to get a lot of support) as a lobbyist, knows that if there is a Democratic legislature, that’s where you need to get support (asked if he’s heard of “senatorial courtesy” – Senator Ciesla can kill anything that affects District 10 – Senator Ciesla or Assemblyman Wolf or Holzapfel could have co-sponsored legislation that would have benefited PPB) asked if it’s dead (Assembly Budget Chair is in favor, but if our legislators aren’t going to get behind it, that ends it – someone needs to ask Senator Ciesla if he did not do this because of the personal benefit he obtained) Lou Greenwald, the bill’s sponsor, will put it up (it’s more alive than Mr. Reid or his principal benefactors would like) asked who’s sponsoring it and the timeline (asked Administrator Riehl about DLGS reaction when they found out PPB doesn’t own its beaches; Administrator Riehl: they didn’t know; Mayor Barrella: it was one of shock – we are educating Trenton, one legislator at a time) asked if he’s told the people that, if you own your own beaches, that money doesn’t go to the General Fund (Mayor Barrella: the money cannot be used for General Fund, but for allocated salaries associated with the utility) asked if he’d rather own the beaches and lose the tax ratable that comes from them (Mayor Barrella: Belmar took in $3M on beach – Jenkinson’s pays about $15,000 in taxes on their main beach – when you have a Beach Utility, you are allowed to shift into it the costs of running that utility, which include substantial police, sanitation and administrative costs– if we shifted $1M in police salaries to a Beach Utility and had the revenue to pay them, that’s $1M that residents would not have to pay for police services out of the General Fund - as a utility, it’s an impact fee – Governor has blessed impact fees, by virtue of his increase at the Holland Tunnel tolls) asked if he’s still going to work for the option tax (absolutely – anyone who is not behind it is shortchanging the people of PPB – only way the town will maintain the clean, safe environment that has allowed the tourist industry to thrive; Councilman Lurie: when he did hotel/motel tax the first time, no Ocean County legislator was for it; Mayor Barrella: that was statewide – we don’t own our beach, but virtually every other town does; Councilman Hennessy: asked Chief O'Hara, the intent of his spring meeting with Jenkinson’s; Chief O’Hara: wanted to work out a way to help Police Department financially, and the town; Councilman Hennessy: asked if the $40,000 would have helped the department this summer; Chief O’Hara: of course; Councilman Hennessy: asked if, in that meeting, there was any mention by Jenkinson’s representatives that they were to ignore an ordinance for the $40,000; Chief O’Hara: no; Councilman Corbally: in that meeting, Mr. McGlynn said he would not fill out applications; Councilman Hennessy: because you kept pushing – intent of meeting was for Jenkinson’s representatives and the Police Chief to come up with a way to better fund the Specials – not for you to be there, saying they have to fill out applications; Mayor Barrella: thinks Councilman is saying Councilman Corbally was the interloper; Councilman Corbally: was asked to be there; Chief O’Hara: he was asked to be there as Chairman of the Finance Committee; Councilman Corbally: had several meetings prior, with Jenkinson’s – things changed from that Thursday night to that Friday morning; Mayor Barrella: asked how much Police budget is; $2-3M).
Kristin Hennessy: spoke on Consent Resolution 3 – supports Little League, but too much money to spend now – agreed with Mrs. Lightburn that paying down debt is more fiscally prudent – encouraged Council to defer project and consider at a later time when economy and health of PPB improves; on Consent Resolution 4, urged Council not to suspend enforcement of the garbage ordinance – many people changed their habits and began to comply before summer – need additional enforcement on Ocean Avenue – an eyesore all summer.
May Gagnon, PPB: as Open Space Committee Member, related to Councilman Dyer that a quorum voted on the memo that night – no one on Open Space is against Little League – should pay down some debt before we can’t get out of it – better to do the project piecemeal or extend time limit and do at a later date (Mayor Barrella: asked Administrator Riehl for idea of current debt and capacity to borrow; Administrator Riehl: can go to 3.5% of equalized valuation – currently at about .85%; Mayor: can borrow $100M – at roughly 25% of that; Councilman Dyer: that is separate from Open Space; Mayor: it includes the bond issue, a portion of which is being paid from Open Space; Administrator Riehl: spoke about bonding and monies owed and Open Space revenues; Councilwoman Tooker: asked about BAN interest rate; 1%).
Kristen Hennessy: Governor Christie is on record that he will not support local option taxes – asked if Councilwoman Tooker is still on board with pursuit of it (yes) if she accepted $2,000 in campaign contributions from Senator Ciesla’s office (yes) and if she gifted money to Mayor Barrella's campaign ($1,200) – speechless as to why they would accept money from someone who refuses to work with them (Mayor Barrella: asked where she heard Governor say, unequivocally, that he will not support local options taxes – has never heard him say anything about local option initiatives, other than, in response to “Patch” reporter, DiStephan’s question, when he said he would look at anything that would help NJ) cited two “Star Ledger” articles from 2009 and 2010 – would be happy to pull them and provide Governor’s direct quotes, where he said local option taxes are off the table, not a consideration, will not happen, not under his watch (Mayor Barrella: said the same about tax and toll increases) while wishful thinking, wished the Mayor well in his pursuit (have balanced the budget without it – have worked hard and accomplished a lot – got lakes dredged – this year’s budget got balanced through employees’ cooperation, through his and Administrator Riehl’s hard work) asked that he not provide citizens with more false hope than he did in 2007 (Councilwoman Tooker: met with Senator Ciesla early on – he pointed them toward a couple of Democrats he thought would be amenable to local option taxes – he also said, as Trenton is Democratically controlled, our local district didn’t have as much power as they would have liked – should start with the Democrats and come back and see him – has no problem with Senator Ciesla or Assemblymen Holzapfel and Wolfe – Mayor went to Democrats and had a bill drafted – Senator Ciesla donated to her campaign through Mr. Bassinder – supportive of Mayor and anti-recall and paid for the letter that went out about it – stands behind it – Ms. Hennessy was in favor of local option taxes when she helped with their campaign – they are all over NJ and not a pipe dream; Councilman Dyer: a pipe dream, a tax – not going to happen with PPB base and tax rate, which is one of the lowest in Ocean County – Democrats want to support it for the towns they control – would be a tax on every town in NJ – absurd to think it will happen with no support on Democratic or Republican side in the majority – waste of time; Mayor Barrella: not giving up – will continue to fight for it, while doing what is needed to balance the budget, get garbage picked up, support Fire Department, etc., even if he’s writing letters to the Governor at 3AM - lot of mayors are in favor).
Dr. Moreau, PPB: on Resolution 3, hates the idea of putting it off from year-to-year because it won't happen – in 2006, plan was to upgrade fields and install a Community Center – daughter plays travel all over NJ – some facilities are incredible – people pay to use them – cited Manchester, who asked the Lakewood Blue Claws to help with their drainage system – Blue Claws installed it for them – Manasquan has an outside roller rink – would increase quality of life – have an opportunity now – would be giving people jobs by going forward – last year, two girls in one game blew out their knees by sliding into second base – open to litigation.
Peter Wolf, PPB: spoke as member, Little League Board of Directors & Safety Officer – need to do the fields soon – getting to be a safety issue – this year, needed 10 cases of ice packs, due to field being compacted, as compared to only 4 last year – getting a better price now then in a year or two – heard that other Little Leagues support themselves – spend about $100/kid and bring in about $20,000/year – the rest is donations and fundraisers – Little League cannot support fixing these fields – Manasquan fields were paid for through Open Space – Open Space letter says they don’t ever want to use money for the Little League field – recreation areas are what the fund was originally for – not a lot of parents here because it’s Back to School night.
Vince Cicalese, PPB: spoke in capacity as Little League President: started out 1˝ years ago – many area towns have used Open Space moneys to fix their fields – primary objective of Open Space is to maintain land utilized for recreation – if Risden’s came up for sale, Open Space would not be talking about paying down debt – not about our 240 kids this year, but 240 kids/year for the next 30 years or more – field was built in 1953 and renovated, with a softball field added, in 1976 – it’s time – after all these years, Little League can’t support itself – team mom spent 4 hours preparing field for a game – becoming overwhelming – not cosmetic – can put finger through wall in clubhouse – fields don’t have drainage – can go on.
John Derosi, PPB: it’s a business decision – Little League will be there in 30 years – great time for financing – money is there – will improve town and make many people happy for years.
Glen Paesano, PPB: asked if Open Space had debt before Risden’s purchase (Inlet property) and if there was a letter from the Lightburns then about paying down debt – have been on Open Space Committee since June – haven't seen letters – spoke to three other members who weren’t aware of them – asked if Little League got money from town or recreation (no) – all towns around have used Open Space for fields to promote recreation and parks – no benefit to his family from Open Space purchases to date – committee should be a fair and reasonable cross section of what people want – now is the time – have the money, should do it – asked if proposal was to use all money in Open Space now to pay down debt and, if the $500,000 comes in, use it for Little League (Mayor Barrella: Council needs to decide tonight) Little League is the only place, other than school, for kids and families to get together – dilapidated – accident waiting to happen – couldn't play games on Opening Day due to flooding – better deals out there now – as far as this being too much money, the town engineer designed the plan, not the Little League.
Vincent Storino, PPB: now is the time, economically, for projects – cited Lake of the Lillies (Mayor Barrella: proved its worth in the hurricane – were able to lower the lake and avoid a great deal of flooding – infrastructure improvements make economic and practical sense) don't know how much it will cost down the road – the numbers are less than people had thought.
Motion by Councilman Lurie, to close public participation, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

First Reading of Ordinances and Resolutions) ENDED AT 9:39PM.
Councilman Lurie: asked to move Consent Resolution 3 to the beginning (Mayor Barrella: agreed to consider Resolution 3 after Resolution 1).

RESOLUTION 1: (Emergency Appropriation – Additional specials for 2012 season) was considered.
Motion by Councilman Hennessy, to adopt Resolution 1 approving an emergency appropriation of $60,000, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

RESOLUTION 3: (Award contract for ball field improvements to Down to Earth Landscaping at $522,420) was considered.
Councilman Dyer: have $575,000 in Open Space – will receive $450,000, which puts us at $1,025,000 – will collect another $80,000 this year – puts us at basically $1.1M to start with – have an obligation of $150,000/year against the debt service – suggested, as part of the motion to approve, that we pay $432,410 and bond for the $300,000 – that bonding would be about $21,000/year, based on the same principals as what we’re bonded now.
Mayor Barrella: doesn’t make sense to bond for only $300,000 – have BANs coming due that need to start being paid off next year, over 7 or 8 years – instead of taking all $450,000 and applying it to the note, if we pay down $225,000 of the BAN and use the$300,000 balance from the Open Space Trust Fund, could get the Little League done at the base, pay down $225,000 of debt and still have more than $200,000 in the Open Space Trust Fund – in a de facto way, bond for the extra $225,000 by not paying down the existing debt.
Councilman Dyer: in favor of approving entire project.
Councilman Corbally: would like to talk about the project as a whole before getting into paying for it – there has been no discussion as to whether we should be spending the $500,000.
Councilman Dyer: if the motion is to pay for the $732,410 straight out of Open Space, would still be left with $400,000.
Councilman Lurie: there were two bids – one just the base, and one with all the extras.
Mayor Barrella: motion is to award the contract to Down to Earth Landscaping for $522,000.
Administrator Riehl: can't award contract on the hope of getting the $450,000 – won’t have enough for the $700,000 – to award the contract, must have funds available tonight – have enough to award the $522,000.
Councilman Dyer: talked about bonding a portion of this.
Administrator Riehl: can't award without an approved bond ordinance.
Councilman Dyer: asked if Council can only award something under $575,000 tonight.
Attorney Gannon: can only award what you can fund as of today’s date.
Councilman Corbally: was taken back when Council voted to expend $37,000 or $47,000 to the engineering firm to come up with a plan – spent 12 years in Little League – re-did the field in 1994 – had a lot of donations that we don’t have now – loves Little League, the kids, the Recreation Committee, coaching – down to field at least four times this spring and kids were all having fun – sliding and flooding hasn't changed – even after the fields were re-done, it would always go back after a few years – $500,000 is excessive and is more for the parents than the kids – not going to last 30 years – can’t see doing this at that expense – concerned that, if reassessment is done, and property values drop by 25%, the $242,000 that we’d be taking in from the Open Space Fund would be dropped to $180,000.
Councilman Dyer: asked if that has been figured into numbers going forward – need a plan, so that there is at least enough moving forward to cover current debt.
Councilwoman Tooker: issue has gone on for a long time – beyond the ability of the Little League to self-fund – cheaper labor and interest makes it a good time to do – proponent of Open Space, but should take care of what we have before purchasing anything – taking in almost $300,000/year – will, hopefully, be getting Green Acres money – lot of money, but will get a lot from it – don't have anywhere else to gather in town – it’s important and it’s the right time.
Motion by Councilman Hennessy, to award contract for ball field improvements to Down to Earth Landscaping at $522,420 and to use Open Space Fund monies for total cost, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Lurie, Dyer*….YEA
Councilman Corbally….NAY
*Councilman Dyer: this is what Open Space is for – will affect people for many years – fields will need to be maintained, but should last a long time if done correctly – could lose $25,000-$35,000 in reappraisal, but should still be about $120K to the good each year.

Motion by Councilman Corbally, to adopt resolution covering items listed below, was seconded by Councilman Hennessy and carried by roll call vote.
a) Performance Bond Release - PLRJ
b) Commend municipal response to Hurricane Irene and support investigation into response
of certain public utilities
c) Payment to SPS VAR for police service contracts ($3495)
d) P O to Water Works Supply for hydrants, valve boxes & other equip ($4067.46)
e) Approval of Payroll #17 ($319,354.32) and #18 ($318,785.15)
f) Payment to Devo & Assoc for parking kiosk parts ($9941.50)
g) Payments to Galvin Law Firm from Board of Adjustment accts ($1106.90)
h) Payments to T&M Assoc from developer escrow accts ($1172.50)
i) Payment to Pitney Bowes for prepaid postage ($5000)
j) Payment to NJ Health Benefits for employee health benefits ($97,023.63)
k) P O to Dell Computer for 2 desktop workstations ($2500)
l) Refund unexpended Board of Adjustment escrow ($1272.50)
m) Payment to NJ DOT - highway occupancy permit for sewer main work ($175), subject to
passage of Ordinance 2011-22
n) Payment to Brick Utilities for August bulk water usage ($118,544)
o) Payment to VALIC for 2011 LOSAP Awards ($43,000)
p) P O to United Computer for annual ‘Websense’ computer security filter contract ($2350)
q) Payment to Denise Sweet & Assoc from BOA escrow ($200)
r) Progress Payment #1 to CJ Hesse for 2010 road improve program ($179,448.54)
s) Payment to Pedroni Fuel for diesel fuel ($10,996.06)
t) Payment to Ocean Fire Co #1 for insurance refund for roof damage ($5,172.52)
u) Payments to Ocean County Landfill for tipping fees ($60,000.00)
v) Approval of computer generated vouchers ($1,001,660.66)
w) Refund of 2009 and 2010 tax appeals ($564,009.27)
x) Water/sewer bill adjustments (3 accts)
y) Authorization to suspend restrictions on storage units due to recent storm and to draft
ordinance amendment to suspend restrictions after like emergency situations
z) Authorize hydrant flushing from 10/3 to 10/24
a) Award lease of telephone system to Hunter Technologies, bid 10% lower than state
b) Payments to T&M Associates from escrow accounts ($2255)
a) Reaffirm application to NJ DOT for FY2012 road program
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

RESOLUTION 4: (Authorization to amend or suspend enforcement of Ordinance 2010-50) was considered.
Attorney Gannon: during the course of the summer, based on circumstances particular to weather conditions, etc., we gave an opinion that the Mayor had the authority, under statute, to override/amend/change the enforcement of the ordinance with regard to garbage pick-up, as was promulgated and passed by the Governing Body last year – our ability to support further action is dependent on the circumstances as the season progresses – weather change may not be there to support our legal opinion that the Mayor has the authority to supersede the ordinance, in the interest of health, safety and welfare – the ordinance then would be enforced or not, based on what Council decides.
Mayor Barrella: asked if Attorney Gannon is giving him through September 30th and, after that, it’s up to the Council (that would be an appropriate time frame).
Councilman Hennessy: asked about temperature, bagged garbage and health safety.
Attorney Gannon: there is an interpretation that when the weather is not 80 or 90 degrees, that those circumstances don’t exist – that’s his legal, not meteorological advice.
Mayor Barrella: asked Council to agree that, instead of requiring pails, they will permit heavy-duty garbage bags, the way it was before the amendment to the ordinance – leave everything else in place, just suspend the ordinance as to residential use of garbage pails through year-end, and work on fixing the ordinance – becoming tenuous for him to continue doing Council’s job.
Councilman Dyer: regarding numbering lids – neighbor bought a new can with a lid, put it on the street, the lid was in the middle of the street and it was run over on day one – now he has to buy a new can with a new lid and number it – has an issue with that – if Council requires cans, need an alternative for second home people and renters to dump the bags – cost is substantial – would have to have trucks at DPW on weekends, a man, etc.
Councilman Hennessy: don't think Council should suspend the ordinance – it never got a chance – give 2 warnings, then issue a summons – Councilwoman Tooker has a place in Florida, and if her municipality doesn’t pick up her garbage, she has to get a private hauler – not Council’s problem to find people to pick up garbage on weekends.
Motion by Councilman Corbally to allow residential use of heavy-duty, dark-colored bags in lieu of cans through year-end, was seconded by Councilman Dyer
VOTE: Council Members Corbally, Lurie, Dyer….YEA
Council Members Tooker, Hennessy….NAY

Mayor Barrella left the room and Council President Lurie called a 5-minute recess at 10:13 PM.
Mayor Barrella reconvened the meeting at 10:17 PM. Present were Council Members Tooker, Hennessy, Corbally, Lurie and Dyer. Councilman Rizzo was absent.
Motion by Councilwoman Tooker, to adopt Ordinance 2011-22 (Sanitary Sewer Rehab Bond), was seconded by Councilman Corbally and carried by roll call vote. Public hearing was held on August 23, 2011.
VOTE: Council Members Tooker, Hennessy, Corbally, Dyer….YEA
Councilman Lurie….NAY

Councilwoman Tooker: asked Chief O’Hara to give police report (Chief O’Hara: borough ordinance arrests are up 70%, criminal arrests up 36%, and parking violations up 28.5% over last summer – over $300,000 in revenue generated by those increases – regarding Operation Rice Krispies and the plain clothes details, authorized at the July 19th meeting, have spent $66,890 of the $95,000 appropriated – court appearances and clerical work will eat an additional portion of that funding, but will probably come under budget by $15,000 – on those details, issued 239 borough ordinance violations and 22 criminal arrests, along with miscellaneous motor vehicle, parking violations and warrant services – pretty much break-even – court revenue at 97% of anticipated budget amount – still have 3 months to go – anticipate court revenue will be increased by quite a bit – new parking system has brought in $226,000 more YTD than last year – tough summer and appreciate support from Governing Body and public) Police Department did an outstanding job – hopes that when negotiations and arbitration are settled, will start making changes – police department is short staffed, administratively, that’s why there has been a lot of overtime – need to start training for when officers like Chief O’Hara and Lt. Dikun retire – have been ignoring the DCA report – hoping for promotions in the near future; 9-11 service was really moving; Education Foundation raised and donated $1.2M to redo the school fields and track – money that the taxpayers didn’t have to pay – trying to build up their coffers – asked Council to waive Special Event fees for their 5K race on October 22nd.
Motion by Councilman Dyer, to waive fees for Education Foundation run, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA
Councilwoman Tooker: have had more illegal cutting at Lake of the Lillies – someone was issued a summons last month – asked that DPW make signs saying that cutting is illegal, with the ordinance number and fine (Councilman Lurie: shouldn't be much longer – Engineer Savacool is finishing up his plan – it will take care of itself); announced Animal Welfare Committee’s 50/50 raffle and fundraiser at Martell’s on October 23rd and Shade Tree Committee’s new fall tree program and ongoing paver program; reminded Council that agenda and supporting documents are emailed, let Clerk Ellsworth know if they don’t want the packet.

Councilman Hennessy: thanked Mike Ramos and Glen Paesano for successful ‘Family S’mores Night’; acknowledged Police Department for work during storm – thanked Deputy Emergency Management Coordinator Kyle Grace for having things ready beforehand – better to be safe and cautious; unfortunate that two young men lost their lives; asked about status of portion of Boardwalk that lifted (Administrator Riehl: will cost about $315K – applied for FEMA reimbursement; Mayor Barrella: state has matching funds we can look into; Administrator Riehl: there is $20K in existing ordinance money; Mayor Barrella: that $20K can be better used for the generators).

Councilman Corbally: thanked Emergency Management personnel – fantastic job – were ready for full brunt – good run for town as its been 26 years since we’ve been in this situation – right decision to keep people out; financially ahead of last year in almost everything but UCC fees – Building Department has recently gotten real busy – looks like will be at or above 2010 revenue streams – has to do with weather, new meters and Police Department doing bang up job.

Councilman Lurie: Lynne Zupko is doing great job handling street lights that are out – takes about 10 days for JCP&L to act on it – if anyone knows of lights that are out, they should contact Ms. Zupko; spoke with Engineer Savacool about having another meeting on Lake of the Lillies, with lake residents, so we can go out to bid; Paul Kanitra has been lobbying for us at Federal level and Congressman Smith’s office is trying to get us money to fix end of Boardwalk to Jetty through Army Corp of Engineers – said if we give him a list of projects, he will work on them at Federal level – invited all to e–mail him with suggested projects.

Councilman Dyer: have one more spot on the cell tower – should put that out to bid again – up $115,000 in cell tower revenue this year.
Motion by Councilman Corbally, to put cell tower lease out to bid, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Mayor Barrella: read note from Maureen Triola, thanking and commending Officer Mosca and Special Officer Stockhoff for help given to her and her husband; Fire Chief Mark Drew and Fire Officers Mike Brodeur and Guy Dempsey have asked what we’re going to do about the generator issue (Administrator Riehl: town appropriated $40,000 for installation at both firehouses – had bid opening last week – low bid came in at $58,000 and second low bid at $63,000 – rejected the lower bid because they didn't have necessary paperwork – were left with the $63,000 bid, which is over our $40,000 budget – can go out to bid second time – if they come in over budget and are rejected, we have the right to negotiate a lower price individually with the contractors) asked how soon we can go out to bid a second time, how long we have to give people to bid and procedurally, who has to reject (Council) – asked if we can get it done by next Council meeting (Administrator Riehl: most likely; Councilman Lurie: asked if anything can be done in-house to lower the cost; Administrator Riehl: not sure – Fire Department had done RFQs and received quotes which were substantially less – prevailing wage is killing it – when Firehouse #1 went out for informal quotes, they had the generator directly on the ground – per Construction Official Gardner, it had to be put on a pad because of flooding issues, which was an additional cost – can revisit the bid specs and see if anything can be scaled out); Emergency Management Coordinator (EMC) Dempsey raised questions about falling trees and power lines – a falling tree took out power for a good part of District 4 on Baltimore Avenue – EMC Dempsey would like to meet with members of Council about current tree ordinance and its impact on things like power lines (Councilwoman Tooker: Shade Tree Commission identified hazardous trees in public right of way) asked Council Members Tooker and Dyer to meet with EMC Dempsey; in process of evaluating response to the hurricane – thanked all – were fantastic – the planning, the meetings – was on phone regularly with EMC Guy Dempsey and Deputy EMC Grace who had everything covered and made all the right calls – Fire Department was out in the rain at 2AM – First Aiders were sleeping on chairs at 3AM – DPW were clearing trees, brush and debris so first responders could get to where they needed to be – was great that Police understood the importance of locking down the east side of town – he was stopped by a Special Officer while trying to cross the tracks – can’t say Thank You enough – Lake of the Lillies dredging worked, allowing us to lower lake 1˝ feet, which prevented wholesale flooding – Council needs to focus on getting that kind of relief for Little Silver Lake – to address flooding there quickly – maybe a pump station to pump out into Lake Louise – person’s business was directly affected by ocean flooding – asked why we are not enforcing/requiring dunes from Risden's, north – if there was even a small dune, the ocean might not have come over the Boardwalk, and his business and countless homes might not have been flooded – asked Attorney Gannon to look into enforcement or about DEP doing same (Councilman Lurie: could look into retrofitting empty sewerage pump station by Central; basic coastal engineering is that you need a big beach and a dune in combination – water also came over New Jersey Avenue, where there is a dune, but no beach) it was at Washington Avenue – the amount of water that came over there was nowhere near what came over on Arnold Avenue – need to figure out why areas are flooding and how best to address it (Councilman Lurie: not as simple as just building a dune) thanked Administrator Riehl for her efforts during the storm, as well as department heads, and Clerk Ellsworth, who sent out e-mails and updated the town website from home.

Administrator Riehl: Chief O’Hara and she met twice with a group of businesses and residents – both were well attended by invited representatives – topics ranged from quality of life in District 4 to parking – no issues resolved – meeting again September 27 at 11 AM – instead of splitting into two groups, will have one big meeting.


Kristin Hennessy, PPB: asked Attorney Gannon and Council for clarification on garbage ordinance changes – pails to bags is for residential properties only and the ordinance put into place in November will still apply to businesses (all agreed) – asked if seasonal rentals are considered residential or commercial – asked how we’re going to prevent that area from turning into downtown Beirut next summer and if enforcement will be stepped up; asked if Councilman Lurie is the liaison to the Snow Removal Committee – reiterated her request to be on it.
Dave Cavagnaro, PPB: asked about police investigation inquiry discussed in closed session (Attorney Gannon: had a couple of questions regarding ongoing investigations); last time lights went out on Parkway, took 3 months to put back on; discussed flooding and the need for a pump between Little Silver Lake and Lake Louise.


Upon motion by Councilman Dyer, with second by Councilwoman Tooker, the meeting was adjourned at 10:58PM by consent of Council.

Transcribed by: Eileen Farrell, Deputy Municipal Clerk

Attest: Maryann Ellsworth, Municipal Clerk

Published October05, 2011 | Council Minutes | 1268

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