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October 25, 2011

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:39 PM with Mayor Barrella and Council Members Tooker, Corbally, Lurie and Dyer present. Councilmen Hennessy and Rizzo were 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 approval of closed session minutes, union negotiations, police personnel, attorney/client privilege as to procedure, and Court Shared Services, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

Closed session began at 6:41 PM and ended at 7:16 PM.

Clerk Ellsworth added items to agenda and pointed out a typo on item 2/k. Borough Attorney Gannon was directed to work with Code Enforcement Officer Petrillo to draft changes to the ordinances dealing with rental certificate of occupancy fees.

Mayor Barrella called the regular meeting to order at 7:32 PM. Present were Council Members Tooker, Corbally, Lurie and Dyer. Councilmen Hennessy and Rizzo were absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to approve October 4, 2011 Council meeting minutes, was seconded by Councilman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items,
First Reading of Ordinances and Resolutions) OPENED AT 7:46 PM

Kathleen Daly, American Cancer Society (ACS): thanked Mayor and Council on behalf of the ACS and cancer survivors – a record number at Breast Cancer Walk this weekend – raised $1.1 million – will be a Top 10 walk in the country for the ACS – the largest in NJ – sorry if they are a bit of an inconvenience – will try to consolidate traffic next year.
Dave Cavagnaro, Point Pleasant Beach (PPB): no reason to exempt anyone from Special Event fees and pass them on to taxpayers; for those with high utility bills, shared that a friend’s running toilet resulted in a $4K bill, dripping hot water faucet added $200 to gas bill, tiny leak in toilet increased water bill by @$200 – appreciates Council’s sensitivity, but not our responsibility; again suggested holding JCPL bills, with money in escrow, until lights are fixed.
Michelle Gladden, PPB: sought water/sewer bill relief – residence was checked for leaks.
Ben Dispoto, PPB: questioned items 1g, k and u; asked for progress or reports from the 2 new committees, and who authorized them to meet as one group; asked if Jenkinson’s responded to the billing, and if we’ve had these circumstances in the past.
Vince Castin, PPB: asked if Special Event money can be gotten up-front
John Dixon, PPB: asked if the Special Event definition had been clarified, and if Code Enforcement had issued summonses to Jenkinson’s – instead of filing a lawsuit, should issue a summons and let it go to court – get rolling, instead of talking about it for another year.
Marilyn Burke, PPB: asked how much money was spent for court proceedings prior to Shared Services and how much additional money was spent by entering into this agreement – constantly bonding – need financial analyses – asked if other departments would be spoken to prior to entering into further Shared Services Agreements and what analyses will be done.
Michelle Gladden, PPB: asked if PPB has a beach utility; asked for an official explanation of why her landlord was denied relief of his water/sewer bill.
Motion by Councilman Lurie to close Public Participation was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items,
First Reading of Ordinances and Resolutions) ENDED AT 8:17PM.

Councilman Lurie: regarding item 1/g, asked that money be provided upon receipt of vouchers (Carol Vaccaro, Chamber of Commerce: some bills are due in advance or the night of the Tree Lighting; Council agreed that vouchers could be submitted afterwards); asked Councilman Dyer how traffic safety camera contract compares to Brick’s (Councilman Dyer: understands Brick’s initial contract is going to change; Attorney Gannon: going off T&M’s recommendations – would defer to Engineer Savacool’s October 20th review on economics and reimbursement; Mayor Barrella: only one bid received – was stipulated that we will never be in a negative cash flow; Attorney Gannon: there is revenue to be generated, but once people pay the fines, they’re less inclined to violate the law, which would ultimately result in safer traffic flow – reminded all that there are two options; Mayor Barrella: not selecting an option now).

Motion by Councilman Dyer, to adopt resolutions covering items listed below, was seconded by Councilwoman Tooker and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Payment to Schaefer Systems for 125/95 gallon refuse containers ($7336.87)
b) Payment to Detcon for two 40 cubic yd roll-off containers ($12,816)
c) P O to Winner Ford for 2011 Police Interceptor (Replace Car lost in Hurricane Irene –
$30,018)
d) Water/Sewer bill adjustments (2)
e) Deny request for water/sewer bill adjustment at 348 River Avenue and authorize payment
schedule
f) Approval of Payroll #20 ($240,751.11) and Payroll #21 ($226,464.61)
g) Payment of annual donation to PPB Chamber of Commerce ($5000), with vouchers to be
submitted afterwards
h) Payment to United Computer for quarterly network support services ($2,430)
i) Progress Payment #2 to CJ Hesse for 2010 road improve program ($216,595.27)
j) Payment to Pedroni Fuel for diesel fuel ($9865.10)
k) Support Memorandum of Record regarding N J Avenue railroad crossing
l) Payment of 4th quarter tax levy to the County of Ocean ($1,932,840.84)
m) Payment to Coded Systems for code book updates & web hosting ($8,085.20)
n) Payments to T&M Associates from escrow accounts ($3570)
o) Scheduled payment of district taxes to the PPB Board of Education ($877,547)
p) Payment to Edwards Tire Co for tires and repairs ($3326.18)
q) P O to Allcomm Tech for fire truck radio & radio mount ($2506)
r) Payment to Brick Utilities for September bulk water usage ($92,364.00)
s) Payment to Water Works Supply for hydrants, valve boxes & other equip ($4067.46)
t) Payment to Monmouth Truck for dump truck body replacement ($4400)
u) P O to USPS for mailing flyers for non-resident taxpayer committee (not to exceed
$1,000), subject to flyer review by Governing Body
v) Payment to the Galvin Law Firm from Planning Board accounts ($902.50)
w) Approval of computer generated vouchers ($3,209,106.37)
CONSENT RESOLUTION 2:
a) Payment to State of N J of collected marriage license application fees ($525)
b) P O to Avaya for phone system lease ($868.25)
c) P O to NJ Regional ME Lab for SOII recruits’ screening tests (Not to exceed $1750)
d) P O to Brick Cardiovascular for SOII recruit tests (Not to exceed $13,750)
e) P O to Meridian Occupational Health for SOII recruit tests (Not to exceed $16,250)
f) P O to Plainfield Consultation for SOII recruit tests (Not to exceed $17,500)
g) Payment to NJ DCA for 3rd quarter training fees ($3814)
h) Payments to NJ DOT D3 Bureau for Local Aid for sewer bond app fee and escrow ($1175)
i) Payment to C Riehl for reimbursement for 9/11 ceremony candles ($125.80)
j) Reject bids for sanitary sewer excavation type spot repair project, as exceeding engineer’s estimate, and authorization to re-bid
k) Award contract to National Water Main Cleaning for trenchless sanitary sewer spot repairs ($72,537.43)
l) Approval of salary adjustment for Sanitation Supervisor (Closed Session Item)
m) Approval of Court Shared Services Agreement subject to attorney’s recommended revisions (Closed Session Item)
n) Award of contract for traffic safety cameras to American Traffic Solutions, with cost options to be determined at a later date
o) Authorize Ocean Fire Co. to place the Haulmark trailer on the Boardwalk during the summer season to facilitate sale of raffle tickets for annual motorcycle raffle fundraiser
p) Approval of the 9/13 Closed Session minutes (Closed Session Item)
VOTE: Council Members Tooker, Corbally, Lurie (except for Item 2/k), Dyer….YEA
Councilman Lurie (Item 2/k)….Abstain

Motion by Councilman Corbally, to approve resolution below, was seconded by Councilwoman Tooker and denied by roll call vote. (Vote was deemed a denial by Borough Attorney, as it required 3 affirmative votes for passage, based on 4-member quorum.)
Councilman Lurie: asked Attorney Gannon what lawsuit would cost (must look at it in terms of enforcement – summons would probably be cheaper, but there is a higher standard of proof in a quasi-criminal municipal court, as opposed to going into a civil action – at that point, the standard is whether it is arbitrary and capricious, based on the sufficient credible evidence to prove that it meets certain criteria, as opposed to a municipal court summons, where the facts must be found to be beyond a reasonable doubt, which is a higher standard – would be more expensive to go into Superior Court – depends on whether it can be done summarily or if it would require a trial – would most likely involve a bench trial in front of a court, which would necessitate witnesses – if you’re going to bring in witnesses, the other party or we may want to have discovery, interrogatories, depositions – would be a challenge of the ordinance on its face, in which case you might have to bring in experts – it’s expensive – alternative would be to review it and have an amended ordinance – his firm can review, in terms of enforceability, and advise Council – majority of Governing Body believes the current ordinance addresses these events, that there was a refusal to apply for the events or, in the alternative, that there is a basis for charging those business entities and their activities – that has a natural nexus to expenditure of extraordinary funds for police services, and/or DPW, that would legitimize our asking for a fee to reimburse the borough for extraordinary expenses) asked if his firm has reviewed (no formal research – can look at several ordinances that have passed the test – some of this ordinance has a history of enforcement, some has a history of lack of enforcement – something we can prevail on, but there would be substantial challenges or obstacles placed before the court, such as the scope, the vagueness or lack of clarity of the ordinance, past practice, that type of thing, that we would have to deal with) asked if he should review it with his partners and report back, or if Council should go forward (Councilman Corbally: go forward, win or lose – would be an inexpensive education if we’re going back after $400K next year) agree that we need an opinion – asked if it is worth spending $20K, or spending $150K and taking two years – asked if we’re talking a year [Attorney Gannon: most likely – could try to get in on a summary disposition, but that’s predicated on factual issues being fairly straightforward – suggested authorizing his firm to give Council a report on whether they believe we can go into municipal court for summons – if you go into violation of an ordinance, there’s an ordinance range that can be imposed – the other issue is whether you’ll be entitled to restitution and/or have a fine – a little complicated – looking in criminal court context for civil judgment – could ask for restitution but, generally, won’t get it – would have to go to Superior Court to get the judgment; Mayor Barrella: asked Council if they understood Mr. Gannon’s suggestion to authorize the filing of the suit and let him determine which court is best – also asked Attorney Gannon if suit can be moved to a different court, once filed (yes – can be dismissed without prejudice) Councilman Lurie wants to wait to determine the proper venue and if there is a basis for the suit, Councilman Corbally wants to file now and let Borough Attorney determine the venue].
RESOLUTION 3: Authorization for Borough Attorney to initiate action to collect Special Event fees for police services that were billed and are owed to the Borough of Pt. Pleasant Beach
VOTE: Council Members Tooker, Corbally….YEA
Councilman Lurie….NAY
Councilman Dyer….Recused himself

Ordinance 2011-24 (Ban Teleconference Attendance at Council Meetings) was considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro, PPB: those elected to office have a responsibility to be here for the vote.
Motion by Councilman Lurie, to close the public hearing, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA
Motion by Councilman Corbally, to adopt Ordinance 2011-24, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Corbally, Lurie, Dyer….YEA
Councilwoman Tooker….NAY

COMMITTEE REPORTS:
Councilwoman Tooker: thanked all who attended Animal Welfare Committee fundraiser; Shade Tree Commission is selling pavers and closing the Big Beautiful Tree program for fall – not too late to get a tree or paver; idling is against the law and carries a $100 fine; PPB High School participated in Barnegat Bay Blitz, a nationwide clean-up, last Wednesday; Homecoming is November 4th – Spirit Week starts on Halloween; Chamber Business Expo is at Martell’s November 17th; “What’s the Point” event is on the 18th; Christmas Tree Lighting is day after Thanksgiving; second Lake of the Lillies public hearing is Thursday – would like input from a cross section of the community; received report from State Police, whom Councilman Lurie brought in this summer – here 3 nights – 12 summonses issued – Borough made $175 – would be nice to do this earlier/longer next year.

Councilman Corbally: tax delinquencies are up $157K over last year – court revenue is up $404K, through September – 97% of what was anticipated for the year – through September, meter revenue is up $180K – 111% over what was anticipated (Mayor Barrella: anticipated revenue was constrained by the 2010 actual numbers – the fact that meter revenue came in over what was anticipated will enable us to replenish some of our savings account and project higher revenues than those projected for 2011 (Councilman Dyer: could have projected more in parking meter revenue, if Finance Committee desired, because of the installation of the new parking boxes; Mayor: had a shortfall in 2011 because we did this the year before).

Councilman Lurie: Mr. Renner of the Shade Tree Commission would like to meet with Councilman Corbally on the draft ordinance (Councilman Dyer: asked that Mr. Renner contact him also); asked Borough Attorney to summarize his letter on Zero Tolerance Noise Ordinance (Attorney Gannon: Attorney Hiering wrote it, but essentially it’s an aspect of the ordinance on Long Beach Island – for Zero-Tolerance, there should be a study that shows some computation/ calculation of the area that is most subject to noise, quality of life concerns, and that type of thing, just so you have some basis for the ordinance itself – may want to have the police do some calculations/computations/spreadsheets – have to limit it somehow, because you can’t have a Zero-Tolerance town; Mayor Barrella: asked why not – should be a borough-wide concept; Attorney Gannon: if someone is behaving in a certain manner, there are ordinances that can be enforced – courts can take into consideration the severity of what took place – the police report, etc. – but, to respond to Councilman Lurie’s inquiry, we found that, if you want to go in that direction, that’s what you have to do – don’t disagree with you in principal, but this does have some impact, in terms of giving the judge a little more direction) would like to take the initiative and find a test area that fits this criteria that we can look at for, possibly, next year (Mayor: would be happy to sit with him, Chief O’Hara and Administrator Riehl).

Councilman Dyer: by ordinance, people must restore our property to how it was before an event – painting on the Boardwalk lasts all year – they need to clean it off or use paint that comes off in rain (Clerk Ellsworth: was added to letter this year) would like it clarified with event holders; asked Council to look at expanding parking boxes on Ocean Avenue, from Trenton, possibly south to New York, at Post Office lot (would have to talk to Little League about free passes or something), and at the side streets off Ocean Avenue, from Trenton south – asked Administrator Riehl to set a meeting with Chief O’Hara, Councilman Corbally, and anyone who wants to get involved (Mayor Barrella: asked Administrator Riehl for a cost analysis of various meter revenue to see if boxes would be cost effective – likely will, but it’s an outlay of money that would involve bonding) did the analysis – probably not worth it in the southern part of town, but in areas along the Ocean and side roads, would gain $1,500/spot; clarified with Chief O’Hara and Councilwoman Tooker that the State gets 85% of traffic violation revenue [Mayor: asked Chief if State Police coordinated with him when here (gave a day or two notice) and if it would be beneficial for them to meet in the future, to form a plan before making arrangements; Councilman Lurie: there was talk about coming down Route 35, up Ocean, down Arnold, down Broadway – it’s a presence; Mayor: good presence but, as a NJ taxpayer, not free].

Mayor Barrella: asked Chief O’Hara/Administrator Riehl to have DPW Super. Trout paint a yellow line at the intersection of Channel Drive and Broadway; was asked by a resident if garbage pails can be bolted to street signs – would like to look into the cost; need to re-examine fine structure with Chief, Attorney, Prosecutor and Court Administrator, and identify quality of life infractions to bump them up; there is nothing worse for tourism than the $48 parking ticket – got another scathing letter today – people spend hundreds of dollars here – getting a $48 ticket sours them – there was an article about it in today’s “Asbury Park Press” – court and parking revenue is too weather-sensitive – want people to behave well, and to have a police presence – if people behave well, we can’t afford to pay for police, but if people behave poorly, we have to spend money for police again – chasing our tails – need more stable revenue sources; after review with Lake Como Mayor Ryan, submitted a resolution to League of Municipalities, seeking their endorsement of local option revenue initiatives; first meeting of the League Legislative Committee was October 19th – Supreme Court wants to appoint Municipal Court Administrators – understands the concept, but each of 21 vicinages have their own political patronage; asked Ms. Riehl to reschedule meeting with Governor’s Cabinet Secretary.

Administrator Riehl: tax sale is Friday at 10 AM; received $266K check from the County for Lake of the Lillies – they paid $366K total on both lakes; contracts for Reverse 911 have been signed – compiling data to get started; met with FEMA last week to assess Boardwalk damage – have roughly 615 linear feet to replace – will cost @$900K – FEMA indicated they would fund 75% (Councilwoman Tooker: asked if County brought sand to the Inlet) no.

PUBLIC PARTICIPATION PERIOD OPENED AT 9:18 PM

Ben Dispoto (PPB): asked about item 1/a; about stenographer attending Council Meetings and if it should be stopped (Attorney Gannon: not unless it interferes with the operation of the meeting); had a lengthy discussion about a lawsuit – laid out ideas and strategy – detrimental to town, advantageous to possible litigant – should have discussed in closed session (Attorney Gannon: have quite a few in-detail discussions in closed session regarding tactics and attorney/client privilege – what he said on the record is something they know about); PPB is often encapsulated into “Point Pleasant” – should ensure the press uses the right nomenclature.
Max Gagnon (PPB): thanked Council for addressing problems with certain businesses – complained years ago about parking on Parkway and nothing was done – took it to court and it cost him $100K – will be a big savings, but will cost a lot of money because we let them slide for so long; asked if Council has seen the fantastic job Brick is doing with the hundreds of thousands of yards of landfill we sent them, at no cost – two years ago, he spoke about a similar project at Gull Island – nothing was done – unless you start looking down the line to make money, it won’t happen – looking forward to Council doing things for the community.
Vince Castin (PPB): meeting went well tonight; shared some humorous phrases.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:32 PM

Upon motion by Councilman Corbally, meeting was adjourned at 9:33 PM by consent of Council.

Transcribed by: Eileen Farrell, Deputy Municipal Clerk


Attest: Maryann Ellsworth, Municipal Clerk


Published November28, 2011 | Council Minutes | 1284


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