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November 22, 2011

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:44 PM with Mayor Barrella and Council Members Tooker, Hennessy, Corbally, Lurie and Dyer present. Councilman Rizzo was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Hennessy, to enter closed session to discuss review of closed session minutes, personnel and police personnel, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Closed session began at 6:46 PM and ended at 7:19 PM.

Department Head memos and correspondence were discussed with items moved to the agenda for action; Farmers Market is on private property and does not require any town services; Chief O’Hara’s request for a bus stop deletion was held until January as it requires an ordinance change; request for water/sewer bill interest waiver was also held.

Mayor Barrella called the regular meeting to order at 7:39 PM. Present were Council Members Tooker, Hennessy, Corbally, Lurie and Dyer. Councilman Rizzo was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to approve October 25, 2011 Council meeting minutes, was seconded by Councilman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA
Councilman Hennessy….Abstain

Clerk Ellsworth added, removed, corrected and expanded on agenda items.

First Reading of Ordinances and Resolutions) OPENED AT 7:46 PM

Pete Renner, Point Pleasant Beach (PPB) and Shade Tree Committee member: wished all a Happy Holiday; Ordinance 2011-25 is a work in progress since 2009 – listened to public and Council – two issues: 1) repair oversight to deal with trees where there are no sidewalks, and 2) provide for easier enforcement by requesting bond prior to removal, per Code Enforcement Officer Petrillo’s suggestion, so bond can be used for tree replacement – not a lot of opposition – want to get this done and return to their mission of planting trees – only way to replace is through fundraising – no more grants available – raised $8K in 2011 – need to identify hazard trees and create a plan to take them down before they fall – need to focus on public education – asked Council to vote ‘yes’ and, if there is a problem with wording, fix it later (Councilman Corbally: concerned with several items – newest version, provided tonight, has one part pulled – happy with the bonding – per the department head, if we take bond, engineer would be involved and there would be engineering fees) could increase bond to cover costs (Councilman Dyer: would have a tough time voting, since he didn't get a chance to view changes he got tonight) voting on first reading – to put on the route to approval (Mayor Barrella: with the development ordinance, he pledged to veto items after adoption – can do same with this – will find out from Engineer Savacool if there is a fee; Councilman Lurie: don't know if engineer necessarily has to review; Councilwoman Tooker: items have been removed, but nothing added; Councilman Lurie: asked if Ms. Petrillo will review) she already reviews the replacements.
Kitty Stillufsen, PPB: part of Shade Tree Committee’s mission to be resident-friendly – residents are hesitant to replant because they don’t know how – Anne Lightburn and Pete Renner developed the "Big, Beautiful Tree" program – now, residents need only write a check to the Endowment Fund and the committee will handle replacement – urged Council to approve.
Dave Cavagnaro, PPB: asked Council to table the ordinance – got it Monday and went to the Building Department and asked questions – outlined his objections to certain items – there are also more costs involved than just the $350 for the tree – objects to the $350 bond because he doesn’t have to put money upfront to remodel his bathroom – this is not resident-friendly and is extreme – shouldn’t pass an ordinance on first reading when there are problems and then fix it (Mayor Barrella: everything that was objectionable has been addressed or modified – if objection is now just to the $350, that is not grounds for tabling, but grounds for voting ‘no’ – there are a number of refunding bonds in construction – common thing for municipalities) it's a hardship for an emergency tree removal; asked if goose fence, on original, is still part of Lake of the Lillies restoration plan – cost of temporary fence was between $20K and $30K – would rather see someone eliminate geese, for at least a year or two, for $10K instead of spending $30K for temporary fence; asked if money to winterize cat trailers is coming from taxpayers (Councilwoman Tooker: town owns the trailers and capital improvements should be borne by them – saved money by not euthanizing cats); thanked Lynn Zupko for constantly haranguing JCP&L to get street lights fixed – provided areas where they are still out – only emergency is an electric company that doesn't want to pay for personnel to do the work.
Vince Castin, PPB: agreed with Mr. Cavagnaro about goose fence vs. euthanization and about cat trailers – AWC has done a good job – another small fundraiser could pay that $800; questioned 3D; asked about absence resolution regarding Councilman Rizzo; asked about status of Silver Lake dredging (Mayor will follow up with county).
Anne Lightburn, PPB: thanked Councilmen Corbally and Dyer for spending significant time with the Shade Tree Committee – been responsive to some of the very good suggestions of Council members – if it passes, will be replacing the current with a better ordinance – give residents flexibility to not plant a tree if they take one down – addresses all properties, not just those with sidewalks – protecting significantly more trees and a big plus for Mrs. Petrillo – Attorney has not looked at this pared down version – Attorney Riordan did review the non-pared down version (Councilman Corbally: our code enforcement department, court administrator and attorney have not been part of the process, so I don't think it's ready) have checked with department heads and worked with Mrs. Petrillo – the version she was objecting to was an older version – wording has had legal review as it got that far last year (Councilwoman Tooker: court administrator sat in with committee about non-pared down version – gives Council the opportunity to hear what the public has to say).
Mr. Cavagnaro: asked about which version is being voted on.
Al Varosi, PPB: asked whether ordinance applied to trees more than 8 feet from the curb (no) and if trees within the 8 feet need to be replaced (yes) – should be a limit to how many feet per frontage – contention is secondary growth trees under major trees within the 8 feet.
Rob Nagle, PPB: asked if Council had questions on 803 Grove Street curb cut request.
Kim Dietz, PPB: reiterated sentiment of Ms. Stillufsen, Ms. Lightburn and Mr. Renner – asked Council and public to email Shade Tree Committee members with their concerns.
Attorney Gannon: glad only applicable to public right-of-ways as have been in other towns where getting a permit to take down a tree on your own private property can be very problematic – don’t think an engineer is needed – have concern with use of bond solely for tree replacement – if you’re going to anticipate any other administrative/enforcement costs that would have to be incorporated into the application fee – Public Works should be exempted from costs on public right-of-way (Councilmen Lurie and Dyer: expressed concern over the $500/day fine for every day violation occurs; Peter Renner: that is in the current ordinance) suggested redacting the portion regarding continuing violation.
Mayor Barrella: expressed concern regarding the legality of item 2/m (Councilman Lurie: asked that the Clerk disseminate to Council at last meeting to see if Council was willing to modify and make part of the RFP process so that anyone applying would have to disclose to whom they made contributions; Attorney Gannon: this would supplement the State law as to disclosure of political campaign contributions – municipalities are permitted to deviate in regards to making it more stringent – however, if that’s what the Governing Body wants to do, it must be done by Ordinance; Councilwoman Tooker: ‘Citizen’s Campaign’ website has model Pay To Play Ordinances) asked that Council Members Lurie and Tooker work on same and Council will hold item 2/m.
Max Gannon, PPB: asked for explanation on item 2/r.
Councilman Dyer had questions on item 2/c (Mayor Barrella: method of payment for emergency appropriations passed earlier in the year) asked if this would take costs out of budget (Bond Counsel Mayer explained that financing through BANS would move this emergency expense outside the levy cap – notes would be issued for a very short period, 3-4 months, and paid off; Mayor Barrella clarified that the Council would still take it into consideration as part of the budget – need not use, but it affords the Council flexibility) asked to carve out for separate consideration and asked what the cost would be (about $400).
Councilman Corbally asked that item 2/l be considered separately as well.
Motion by Councilman Dyer to close Public Participation was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

First Reading of Ordinances and Resolutions) ENDED AT 8:44 PM.

RESOLUTION 1 (Authorization for Borough Attorney to initiate action to collect Special Event fees for police services that were billed and are owed the Borough of Pt. Pleasant Beach) was explained by Councilman Corbally – should Council vote in the negative, basically telling organizations they can ignore the application process – reimbursing the Borough for services provided which other organizations pay for – by not filing applications, they did not give the Council the ability to waive the fees; Councilman Hennessy: asked about the cost of the litigation – doesn’t think it’s prudent to spend more than you’re recouping – asked Attorney about likelihood of winning.
Motion by Councilman Corbally, to authorize the Borough Attorney to initiate action to collect Special Event fees for police services that were billed and are owed the Borough of Point Pleasant Beach, was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Tooker, Corbally….YEA
Council Members Hennessy, Lurie….NAY
Councilman Dyer RECUSED himself.
Mayor Barrella….Abstain
Mayor Barrella: would like to have Attorney contact Jenkinson’s Attorneys and try to come to an agreement of what should and should not be considered special events and collect part or all of this – should try to avoid litigation first – plenty of time to initiate litigation this year or early next year; (Councilman Dyer: Mayor’s suggestion is a good one – should get attorney’s opinion before starting litigation – no one in business would initiate litigation when what you recoup is less than cost of litigation) Government is a little different than private litigation – sometimes governments have to litigate matters, which from a cost perspective are not effective but the precedent is important from a standpoint of enforcement – saw this many times while working for the IRS – need to take a stand or you will have those litigants with deep pockets riding roughshod over you.
Motion by Councilman Corbally, to authorize the attorney to enter into negotiations with the affected parties regarding the disposition of collection of special event fee and to report back to Council by December 27th, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie….YEA
Councilman Dyer RECUSED himself.

Motion by Councilman Dyer, to adopt resolutions covering items listed below, was seconded by Councilman Hennessy and carried by roll call vote.
a) Establish Borough Holidays for 2012
b) Accept annual audit for 2010
c) Removed for separate consideration as Resolution #8
d) Request NJ DEP to waive permit fees for municipalities
e) Approval of Amusement Games License Applications (16)
f) Payments to T&M Assoc from escrow accounts ($3270)
g) Approval of Payroll #22 ($224,963.06) and Payroll #23 ($213,445.70)
h) Payment to Schulman Wiegmann ($225)
i) Payment to NJ SHBP for employee benefits ($100,187.21)
j) Payment of 4th quarter installment to OCUA ($325,125)
k) Payments to Galvin Law Firm from BOA and Planning Board accounts ($2447.50)
l) Removed for separate consideration as Resolution 9
m) Held as it would require an Ordinance to authorize (Authorize use of revised “Political
Contribution Form” with RFP submissions
n) Authorization for the Mayor to execute agreement with the US Fish and Wildlife Service
and NJ DEP permit application for Lake of the Lillies shoreline restoration
o) Establish Bulk Pick-Up Dates for 2012
p) Payment to McKeon Electrical Svc for winterization of ‘cat’ trailers ($843.20)
q) Payment to Brick Utilities for October bulk water usage ($62,932)
r) Authorization to forgive taxes on sub-divided lot
s) Authorize use of refrigerated trailer at Joe Leone’s during holiday season
t) Payment to Pedroni Fuel for no lead gasoline ($53,275.21)
u) P O to International Salt Co for 50 tons of rock salt ($3311.50)
v) Payment to the Ocean County Landfill for tipping fees ($50,000)
w) P O to Miami Systems for PATS rolls ($2420)
x) Release of road opening bond – 810 Orchard Ave ($1000)
y) Performance bond release – 25 Broadway Developers
a) Payment to Major Police Supply for parts & equipment for patrol vehicle ($2937)
b) Authorization for Mayor to execute agreements with O C Prosecutor for ‘Driving While
Intoxicated Enforcement’ and ‘Fatal Accident Support Team’ shared service programs
c) Appointment of seasonal P/W laborer (1)
d) Appointment of Class II Specials for 2012 (48)
e) Water/Sewer bill adjustments (3 accts)
f) Approval of computer generated vouchers ($625,142.92)
a) Authorization for AWC to apply to Sustainable Jersey Grant funded by Wal-Mart
b) Approval of Amusement Games License Applications (22)
c) Payment to T&M Assoc from Board of Adjustment escrow ($120)
d) REMOVED – Duplicate of 3/a
e) P O to Lawmen Supply Co for body armor ($3120)
f) Establish re-organization meeting for January 1, 2012 at 1:00 PM
g) Payment to the Galvin Law Firm from Board of Adjustment accounts ($642.50)
h) Payment to Staples Print Solutions for ‘PATS ‘ ticket rolls ($2590.70)
i) Payment to Miami Systems for ‘PATS’ ticket rolls ($2420)
j) P O to Major Police Supply for emergency equipment for police cruiser ($2140.99)
k) Approval of curb cut request - 803 Grove Street
l) Approval of curb cut request – 117 St Louis Avenue
m) Authorize Borough Engineer to prepare 2012 CDBG program application
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Motion by Councilman Corbally, to deny request at 31 Parkway to utilize pavers for sidewalk and/or other areas that require concrete, as per Borough Code (RESOLUTION 5), was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Motion by Councilman Dyer, to excuse extended absences of Councilman Rizzo due to illness (RESOLUTION 6 - Closed Session Item), was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Hennessy, Lurie, Dyer….YEA
Council Members Tooker, Corbally….NAY
Mayor Barrella: next year, need to review and adopt, through ordinance, a policy that takes missed meetings into account – hard to justify furloughing employees for 17 days, having them take leave if they’re sick, and yet have a Council member miss 10 out of 17 meetings – understand he’s sick, but at some time sick leave runs out – if you miss more than two meetings, the taxpayer deserves a refund – need an ordinance that docks Council Members who miss more than 10% of Council meetings – stripping the Council Member of their Council position is extreme, forcing them to give back part of their salary is not so extreme and not unreasonable – would like Council to focus on that next year as a means of controlling attendance.

Motion by Councilwoman Tooker, to approve closed session minutes for October 4, 2011 and October 25, 2011 (RESOLUTION 7 – Closed Session Item), was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie (October 25, 2011 only), Dyer….YEA
Council Members Hennessy, Lurie (October 4, 2011 only)….Abstain

RESOLUTION 8 (Authorize BAN sale to fund emergency appropriations) was considered. Mayor Barrella asked current Bond Counsel and Councilman-elect Mayer, whom he would like to serve on the 2012 Finance Committee, whether he would want the flexibility this resolution would afford (thinks it’s important that this pass as the levy cap is about $120K and you already have $155K in these emergency expenses – the emergency appropriation resolutions could very well have contained the language to issue notes – don’t see any good coming from not issuing notes and don’t know why this year’s Council would put that pressure on next year’s Council).
Motion by Councilwoman Tooker, to authorize BAN sale to fund emergency appropriations, was seconded by Councilman Corbally and defeated by roll call vote.
VOTE: Council Members Tooker, Corbally….YEA
Council Members Hennessy, Lurie, Dyer….NAY
Mayor Barrella: at the risk of being accused of sounding inflammatory, that’s 14 furlough days; Councilman Hennessy: should have brought that up when he questioned it during the vote (on emergency appropriations) and nobody had a problem with it – he made certain that the cost would fall inside the cap.

RESOLUTION 9 (Authorization to advertise RFPs with caps due on 12/20/11) was considered. Councilman Corbally: asked that three additional RFPs be added to annual notice for professional services, special Counsel for ABC licenses, special Counsel for SID and special Counsel for tax litigation regarding special option resolution recently passed by the N J League of Municipalities. Motion by Councilwoman Tooker, to advertise RFPs for 2012 professional services, including the additional three, with caps on those services, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Corbally, Lurie, Dyer….YEA

Ordinance 2011-25 (Shade Tree) was introduced on first reading. Motion by Councilwoman Tooker, to approve version of Ordinance 2011-25 that was received this evening with Borough Attorney’s recommendations incorporated therein, was seconded by Councilman Hennessy and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Lurie, Dyer…..YEA
Councilman Corbally….NAY

Councilwoman Tooker: congratulated Mayor Barrella for getting his local option revenue initiative resolution passed by NJ League of Municipalities, which includes 566 municipalities; at the League conference, Bay Head’s Mayor Curtis spoke on the Mayors’ Wellness Campaign and would like Mayor Barrella to do the same and work with Bryn Rickman; have received several emails praising Special Officer Blauvelt for her work as crossing guard at Antrim School; gave police report for last couple of weeks which included 10 criminal offence charges, 6 criminal arrests and 6 burglaries; AWC is applying for a large grant – still selling 50/50 raffles; Shade Tree still has pavers for sale; Chamber is hosting “Shop Point” on Friday nights – stores open until 8PM with special raffles, discounts, food and music; PPB High School Student Council will be hosting a holiday luncheon for seniors and is looking for names of seniors to invite; County is providing free Thanksgiving meals to county residents – will deliver if not mobile and transport to Epiphany Church if mobile – can call (732) 458-7220 to arrange same.

Councilman Hennessy: No Report

Councilman Corbally: red light camera contracts are being reviewed by the Borough Attorney and Engineer; Administrator Riehl will attend training on Reverse 911; town is withholding payments from JCP&L until street lights are fixed; didn't expect vote to turn down BANS tonight and is stunned – emergency was created by two nightclubs on Boardwalk while this Council has stood by and allowed them to not pay for police fees even for special events – it wasn't just Councilwoman Tooker and I that voted yes for the emergency appropriations – asked who is being punished – punishing the employees – at a loss for words – makes no sense.

Councilman Lurie: through end of September, Building Department receipts are up $20,000 over last year; wished all a Happy Thanksgiving.

Councilman Dyer: been on different boards for many years – will not accept or stay in a position if he cannot do the work – right now, his business is extremely demanding and for the last 3 or 4 months he has not been able to put commitment into Council that he believes he should – agreed with Mayor that if you can’t put in that commitment, your salary should be adjusted – therefore as of November 25th, will be stepping down from Council – this Council has a lot before it for next year and needs someone who can uphold his end in this position.

Mayor Barrella: congratulated Bill and Bret on their election – truly welcome what will be an enormous upgrade; NJ League of Municipalities, consisting of 565 municipalities, unanimously adopted resolution supporting local option revenue initiatives which was sponsored by himself and Lake Como’s Mayor Ryan – another step in the process – with the League behind it, hopefully, it will get the support from the legislative and executive branches that it needs; asked Councilman Lurie for status of Snow Removal Committee; Councilman Corbally pretty much summed up most of what he was going to say – is dumfounded – for somebody to vote on something that has the potential to cost our employees 14 days, to cost our taxpayers their safety and the services they receive at 9:10 pm and then to announce he’s resigning at 9:25 pm is unconscionable and an absolute disgrace – for someone else to brag, in campaign literature, that he made the motion to put more police on the street and then to vote against this emergency bond issue, to pay for it, is a disgrace.


Joe Miller, PPB: complained about work being done on the Little League ball fields – no letter was sent to the residents with adjoining properties – fences, net and trees have been taken down – there is now a 6 foot deep gully within 3 feet of his property line, which he is told will remain for drainage purposes without any fence replacement – when the ball fields were first built there were problems with people cutting across private property so the fences were erected – when he bought 20 years ago, he had issues with balls coming onto his property and with a ball coming through his 2nd floor bedroom window so the nets were erected – over the years when there have been problems, the town has corrected same and hopes Council will do so, once again – would like the fence to be put back onto the property line and nets replaced – if people cut through, there is now also the danger of the ditch.
Dave Cavagnaro, PPB: commented that the sidewalk on the NW side of Parkway at Ocean Avenue is all pavers;
Stan Angeloni, PPB: congratulated Mayor Barrella and Councilmen-elect on their victories; complained that Council voted to deny Councilwoman Tooker’s request to attend meetings via teleconferencing yet, another Council Member can miss 10 meetings and Council votes to keep him on Council; thanked Councilman Dyer for what he’s done for the town but was wise to step down since he had to recuse himself from votes due to business interests.


Upon motion by Councilman Corbally, meeting was adjourned at 9:43 PM by consent of Council.

Transcribed by: Maryann Ellsworth, Municipal Clerk

Published December07, 2011 | Council Minutes | 1288

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