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December 6, 2011

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35PM with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Corbally and Lurie present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to appoint Andy Cortes to fill the Council position vacated by Councilman Dyer, was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Tooker, Corbally….YEA
Council Members Hennessy, Rizzo, Lurie….NAY
Motion by Councilman Hennessy, to appoint Stephen Reid to fill the Council position vacated by Councilman Dyer, was seconded by Councilman Rizzo and carried by roll call vote.
VOTE: Council Members Hennessy, Rizzo, Lurie….YEA
Council Members Tooker, Corbally….NAY

Motion by Councilman Corbally, to enter closed session to discuss review of closed session minutes, personnel and attorney privilege/litigation, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally and Lurie….YEA

Closed session began at 6:39PM and ended at 6:55PM.

Caucus session was resumed with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Corbally and Lurie present.

Department Head memos and correspondence were discussed with items moved to the agenda for action; Council did not indicate that it wished to act on request for water/sewer interest waiver.

Mayor Barrella called the regular meeting to order at 7:30PM. Present were Council Members Tooker, Hennessy, Rizzo, Corbally and Lurie. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to approve November 22, 2011 Council meeting minutes, was seconded by Councilman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie….YEA
Council Members Hennessy, Rizzo….Abstain

Motion by Councilman Corbally, to appoint Andy Cortes to fill the Council position vacated by Councilman Dyer, was seconded by Councilwoman Tooker. Mayor Barrella opened the matter to the public.
Ann Lightburn, Point Pleasant Beach (PPB): Republican Club has submitted three qualified candidates – however, Tom Vogel stands head and shoulders above the other two, both for his experience, knowledge of the town workings and personal style – Andy Cortes would be a good second choice – with the financial and quality of life issues this town is facing, it needs an experienced person in that seat.
Dave Cavagnaro, PPB: echoed sentiments for Mr. Vogel – motion was for Mr. Cortes, who ran for Council and wanted the Council spot – was a vote-getter and has great ideas and a great personality.
Public participation was closed and the motion was defeated by roll call vote.
VOTE: Council Members Tooker, Corbally….YEA
Councilman Hennessy, Rizzo, Lurie….NAY

Motion by Councilman Hennessy, to appoint Stephen Reid to fill the Council position vacated by Councilman Dyer, was seconded by Councilman Rizzo. Mayor Barrella opened the matter to the public.
Marilyn Burke, PPB: Mr. Reid will add a little balance to the present Mayor and Council – called for Council to put bickering and nonsense of the last few years aside and put someone in who is concerned about residents, who will work with them and who can stand up and do something.
Kristin Hennessy, PPB: echoed Ms. Burke's comments – supports Mr. Reid who, besides Mayor Barrella, garnered the most votes in the 2011 election – would support Mr. Cortes to run in 2012 – Stephen Reid offers a breath of fresh air and can bring to this Council something that's been lacking the last four years, a voice in Trenton – some of the things the Mayor has been trying to achieve have gone nowhere – would be nice to have an experienced voice who can assist in Trenton to do good things for PPB – Stephen brings a wealth of experience to this Governing Body and offers us talents and contributions that no one else possesses at this time.
Public participation was closed and the motion was approved by roll call vote.
VOTE: Council Members Hennessy, Rizzo, Lurie….YEA
Council Members Tooker, Corbally….NAY
Mayor Barrella: when Mr. Reid takes office, he will be member of Council and we will work together – hope disagreements are to policy, not personality.

Municipal Clerk Ellsworth administered the Oath of Office to Councilman-Select Stephen Reid, who then assumed his seat on the dais.
PUBLIC PARTICIPATION PERIOD (Non-Agenda Items,
First Reading of Ordinances and Resolutions) OPENED AT 7:56PM

John Morrongiello, PPB: asked about a crosswalk from Arnold Avenue municipal lot, across the street to 709 restaurant – has seen a few near accidents (County road - parking spaces would be eliminated if crosswalk is installed).
Vince Castin, PPB: regaled all with an epilogue to his “Ode to the Snake in the Lake.”
Kristin Hennessy, PPB: Point Pleasant is abandoning pursuit of garbage collection shared services with Brick in favor of continuing privatized service – Boro Council anticipates $2M savings over the next 5 years with the new bid – asked for Council’s thoughts on privatization and what savings it might lend taxpayers - Rumson recently sold their sanitation trucks and are moving to privatization – asked Councilman Corbally if he’s been exploring the idea - asked Council to keep an open mind and continue to look around every corner and under every rock for savings to the taxpayer; asked about court shared services and if there are plans for any other shared services - asked if shared services have been considered with Bay Head or Mantoloking – urged Council and Council-elect to consider.
Marilyn Burke, PPB: had previously asked how much we saved through court shared court services – has received no response - would like to see justification for any shared services – might have lost money with the court – would like to go over the raw numbers with Administrator/CFO Riehl or anyone on Council – wants to see the actual plan with anticipated revenue and costs – need to start conserving dollars and work together for citizens and residents.
Ben Dispoto, PPB: commended DPW for leaf and storm debris pick-up – still parts of western Ocean County that have storm debris and they have their own DPW; asked about Special Officer training for next year.
Kim Providakes, PPB: asked about putting railing at Inlet (sea wall).
Sal Capriglione, PPB: agreed with the choice of Stephen Reid for Council; DPW is doing a tremendous job – no reason to change; sidewalk is a mess on Arnold Avenue by the parking lot, especially when it rains - trees there are old – need to make the street look good.
Motion by Councilman Corbally to close Public Participation was seconded by Councilwoman Tooker and carried by consent of Council.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items,
First Reading of Ordinances and Resolutions) ENDED AT 8:24PM.

Clerk Ellsworth added, removed and corrected agenda items; Mayor Barrella asked that items 1/r and 2/c be separated and moved as items “A” and “B” of Consent Resolution 3.
Motion by Councilwoman Tooker, to adopt resolutions covering items listed below, was seconded by Councilman Corbally and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Payment to NJ Health Benefits for employee health benefits ($100,187.21)
b) Payment to Swiftreach Networks for Reverse 911 services ($1495)
c) Payment to Brick Utilities for November bulk water usage ($45,864)
d) Approval of Payroll #24 ($252,499.55)
e) P O to Fail Safe Testing for annual fire hose/ladder testing ($4389.95)
f) P O to All Time Auto Body for recondition of surplus military humvee ($2400)
g) Payment to Allcomm Tech for fire truck radio ($2506)
h) Scheduled payment of district taxes to the PPB Board of Education ($877,547)
i) P O to Allcomm Tech for FD pagers and batteries ($4698)
j) Payments to T&M Associates from escrow accounts ($1547.72)
k) P O to International Salt for rock salt ($3458.53)
l) Payment to Eagle Point Gun for ammunition & range supplies ($4999.99)
m) Payment to Heartland Payment for credit card fees ($31,383.72)
n) Payments to Pt Pleasant Bicycle for PD bike repairs ($3513.90)
o) Progress Payment #9 to JAC Excavating for Lk of Lillies dredge ($35,962.50)
p) Approval of computer generated vouchers ($220,319.91)
q) REMOVED and replaced by item 2/I
r) REMOVED and considered as Item 3/A
CONSENT RESOLUTION 2:
a) Oppose A-3285 requiring that Public Contract Bid Advertisements to contain certified cost estimates
b) Urge Governor to appoint Ocean County resident to the BPU
c) REMOVED and considered as Item 3/B
d) Approval of membership in PPB Fire Co #2 (1)
e) Payment to OBS for upgrade public meeting room recording equipment ($4693)
f) P O to Fire & Safety Services for repair/service to fire trucks (Not to exceed $4758.59)
g) Payment to F&C Automotive for assorted parts for DPW trucks ($2500)
h) Payment to Edwards Tire for tires for DPW trucks & equipment ($3000)
i) Amended Transfer of funds between 2011 Budget accounts ($33,418)
j) Payment to County of Ocean for third quarter ‘Schedule C’ services ($3284.50)
k) Approval of computer generated vouchers ($36,749.74)
l) Cancel previously advertised Council meetings of 12/20/11 and 12/27/11 and establish Council meeting on 12/20/11 at 4:00 PM
m) Approve curb cut request – 112 New Jersey Avenue
n) Approve 11/22/11 Closed Session Minutes (Closed Session Item)
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Reid…..Abstain

Ordinance 2011-26 (Reorganization Meeting) was introduced on first reading. Motion by Councilwoman Tooker, to approve Ordinance 2011-26, was seconded by Councilman Corbally and carried by roll call vote. Public hearing will be held at 4:00 PM on December 20, 2011.
VOTE: Council Members Tooker, Hennessy, Rizzo, Corbally, Lurie….YEA
Councilman Reid…..Abstain
Mayor Barrella: thanked Councilman-Elect Mayer for bringing this matter to the attention of the Council.

CONSENT RESOLUTION 3 (as listed below) was considered.
a) Emergency Appropriation – Legal Fees ($60,000)
b) Authorize Note Sale to fund emergency appropriations ($155,000)
Administrator/CFO Riehl: new emergency was caused when legal line item in budget was fully expended by end of September – need to cover bills through end of December – only way to appropriate and spend would be through emergency resolution – doing emergency appropriation and funding it would be in next year’s budget – don’t have to fund entire amount in emergency notes – issuing emergency notes gives ability to have that amount waived from the 2% levy cap in 2012, which would be a huge benefit in compiling the 2012 budget – don't have to use the entire note amount, but gives flexibility in budgeting next year.
Mayor Barrella: would be in favor of funding the entire $215K but willing to have Council fund a lesser amount that CFO can live with.
Councilman Lurie: voted ‘no’ last meeting to entire amount of emergency notes as it was reported, in these Chambers, that the emergency appropriation practically paid for itself – would vote to sell notes to fund the $60K for Specials, that are needed next year, but not the $95K for police services that should come out of this budget – would like breakdown on legal fees before voting – want to determine what was carry-over from last year – need to pay for some of this from money generated this summer (Chief O’Hara: reported around Labor Day that $68K-70K had been expended and if all summons were adjudicated guilty, would be close to breaking even, within a couple thousand – court revenues are expected to be around $300K more than anticipated – since Labor Day, clerical staff engendered considerable overtime entering additional data into the computer – also, administrative costs and other overtime were engendered due to the increased activity – so the entire $95K has been wiped out) would compromise and agree to emergency notes of $60K for police specials and $30K for legal.
Councilman Reid: asked about taking from surplus instead of note sale (Administrator/ CFO Riehl explained how surplus is generated – need to make up the $400K that was cut from last year’s budget via furloughs and police salary freeze, either out of existing or replenished surplus, and move forward to fund the 2012 budget – if keeping “Operation Rice Krispies” in place, will need to fund both emergencies and then fund it again to keep it in the budget – lot of components and surplus will be used – surplus currently stands at $270K, but still have to get through the rest of this year – funding it by issuing debt gives a better picture for next year).
Mayor Barrella: it gives us the opportunity, if needed, to pay for those police services that were called for on an emergency basis in 2011, and may be called for on a budgeted basis in 2012 – it becomes harder to budget next year’s police services if we’re funding 2011 and 2012 police services out of the same pot of money – if going to compromise on something, should pay for the $95K and fund the $60K for next year’s Specials in 2012 budget.
Councilman Lurie: $95K will pay for itself for this year – asked why next year’s budget should be strapped with it – have always wanted the Specials fully-funded, though other Council Members have cut money from that.
Councilwoman Tooker: don't know why we wouldn't follow the advice of CFO and Bond Attorney, who are obviously well-versed in these matters – short-term debt that will be paid off in February – need that flexibility.
Motion by Councilman Corbally, to adopt resolutions covering items listed below including the sale of emergency notes in the amount of $215K, was seconded by Councilwoman Tooker and defeated by roll call vote.
CONSENT RESOLUTION 3:
a) Emergency Appropriation – Legal Fees ($60,000, including sale of $60,000 in notes)
b) Authorize note sale to fund emergency appropriations ($155,000)
VOTE: Council Members Tooker, Corbally….YEA
Council Members Hennessy, Rizzo, Lurie….NAY
Councilman Reid….Abstain
Mayor Barrella: asked Councilman Rizzo to explain what he voted on; Councilman Hennessy: unnecessary – already voted on once and will probably see Round 3 at the next meeting – nothing but a shell game to move the money outside the cap and tax the taxpayers.
Motion by Councilman Lurie, to adopt resolutions covering items listed below including the sale of emergency notes in the amount of $90K, was seconded by Councilman Corbally and carried by roll call vote.
CONSENT RESOLUTION 3:
a) Emergency Appropriation – Legal Fees ($60,000 with sale of emergency notes in the
amount of $30,000)
b) Authorize Note Sale to fund police emergency appropriations ($60,000 in emergency
notes was approved for sale from the original $155,000 appropriation)
VOTE: Council Members Tooker, Corbally, Lurie….YEA
Council Members Hennessy, Rizzo….NAY
Councilman Reid….Abstain

Ordinance 2011-25 (Shade Trees) was considered on second reading. Mayor Barrella opened the public hearing.
Dave Cavagnaro, PPB: in favor of allowing residents to spend $350 to replace a tree and not have it planted on their own property – bonding isn’t resident-friendly, it’s punitive – objected to flawed protocol – Council voted to approve, on first reading, a different version of the ordinance than the public was given – asked if it needed anything else – should have been reviewed by Council and Department Heads before consideration; wished all a Merry Christmas.
Kitty Stillufsen, STC/PPB: encouraged all to vote in favor of ordinance – bonds are often required to insure that the work is done, and that is the intent – in many instances, a tree was not replaced, which put a burden on the Code Enforcement Officer – an inefficient, ineffective process which the Shade Tree Commission (STC) has worked hard to improve – STC addressed concerns of Council.
Peter Renner, STC/PPB: STC members worked with every department – one sentence was inadvertently left out of this ordinance, which was not noticed before first reading, although many had reviewed it – Clerk suggested it would be most expeditious to go ahead with the ordinance, as published version could not just be changed, and amend it at the first meeting in January – 180 day time frame for adherence was in the existing ordinance, and STC would like it put back into the new one – no controversy about what’s in the ordinance.
Marilyn Burke, PPB: asked why Council would pass an ordinance that is incorrect – doesn’t think Council should vote on it until it’s corrected.
Motion by Councilman Lurie, to close the public hearing and amend Ordinance 2011-26 to add replacement trees must be replanted “within 180 days of removal” at the end of the first sentence in 3-24.18 (Replacement of Removed Trees; Maintenance), was seconded by Councilwoman Tooker and carried by roll call vote. The public hearing on the amendment will be held on December 20, 2011 at 4:00PM.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie…..YEA
Councilman Corbally….NAY
Councilman Reid….Abstain
Mayor Barrella: with Congress, in particular, after every act is passed, there is a technical corrections act, trying to fix some of the things that were done – and they’re not constrained by a first and second reading.

COMMITTEE REPORTS:

Councilwoman Tooker: Chamber of Commerce installation dinner is February 4th at Martell’s – DPW will receive a service award – Business of the Year is Europa South, Volunteer of the Year is Laurie Clayton, Philanthropist of the Year is Scott Bassinder; appreciates Mr. Cavagnaro’s meeting recaps; High School students will host a senior citizen luncheon in January; asked about progress on snow removal ordinance (Mayor appointed Councilman Reid to replace Councilman Dyer on Snow Removal committee; Councilman Lurie: doesn’t think changes are needed – per ordinance, have 12 hours of daylight after snow stops falling to remove it from sidewalks – using January 5th as a gauge, sun rises at 7:30AM and sets at 4:55PM – if snow ended late in the day on the 5th, have almost two whole days to remove the snow, which is adequate – so, it becomes an enforcement issue; Councilman Rizzo: problem is, if you remove snow from the sidewalk, plows blow it back on; Councilman Corbally: not consistent with state law and we have to abide by that – state statue gives homeowners 48 hours and the clock doesn't start ticking until the end of the snow emergency); Environmental Commission has discussed whether Army Corps might install emergency ladders at the Inlet wall, in case of falls; new fertilizer law takes effect January 1st; Lake of the Lillies shoreline plan being reviewed by Barnegat Bay project; reported on police activities for last couple of weeks – 8 adult arrests – charges include burglary, stalking, disorderly conduct, trespassing, harassment, assault, possession of controlled dangerous substance – crime doesn’t take a vacation in winter; received a resident letter commending the Police Department, particularly Officer Meany.

Councilman Hennessy: No Report

Councilman Rizzo: ran for Council because of discrimination against a disabled Veteran – have also discriminated against Vets in the DPW and Board of Education – people are sitting here because of the sacrifice of Veterans – it is why we have freedom of speech and religion; claimed that Ms. Cadalzo was also discriminated against and that’s why the (state) funding for her job (NPP Program) was not extended.

Councilman Corbally: wished all a Merry Christmas and a nice, safe holiday; County is taking action on Canada geese in county parks – have contracted with the U S Fish and Wildlife Service to remove 500 geese for $20K, even though animal advocates came to fight them – Freeholders spent money on parks and lakes, which couldn’t be used or were shut down because of goose excrement – since removing 80 geese from one park, they were able to reopen it – PPB just dredged two lakes and is spending more than $500K to re-do the Little League field – putting geese fence around Lake of the Lillies to keep them from eating the new plantings, at cost of $25K – for $5K - $10K, Council could get rid of all the geese in PPB, and keep the town clean for at least 2-3 years – asked all to consider.

Councilman Lurie: asked Clerk Ellsworth to forward the “sent” e-mail about snow removal to Councilmen Corbally and Reid; Tax Assessor Carpenter mentioned that there is a bill in committee which would allow him to do revaluations himself to save approximately $250K – asked that a copy be put in Council packets for the next agenda and that a resolution be passed in favor of that and sent to the state (Mayor Barrella: wrote an article on this point, which appears in the May 2011 NJLM Magazine – asked Clerk Ellsworth to furnish a copy of the article, along with resolution for Councilman Lurie) doesn’t need the Mayor’s article.

Councilman Reid: happy to be here – thanked County Committee and those Council members who voted for him – asked those who didn’t to give him a chance – willing to work together to do great things for the town.

Mayor Barrella: congratulated Councilman Reid – invited him to get together for coffee and said he has great resources in Clerk Ellsworth and Administrator/CFO Riehl, who work hard and know what they are doing; there is a painted island on Cooks Lane, coming from Antrim School, which has started to wash away – asked that DPW re-do it in yellow, with a sign directing traffic – dangerous situation, needs to be fixed; was in Trenton with Administrator/ CFO Riehl and Chief O’Hara – will continue to work there, and with NJLM, which passed a resolution endorsing local revenue initiatives – it’s a step in the process; Administrator/CFO Riehl has started working on the budget – hopes what was done tonight will not jeopardize services and public safety – doesn't understand why Council would limit options, against the advice of Bond Counsel Mayer, who will be on Council and an integral part of the Finance Committee next year, and Administrator/CFO Riehl, who has 27 years of experience working for this town – those who would try to paint this as a Tea Party tax and spend frenzy show a lack of understanding of the budget process, including the damage they did in 2009/2010 by robbing money from Water/Sewer and shifting it into the budget, in order to balance it and come up with an artificial tax rate, and by leaving $400K of levy cap room on the table – were chasing that money last year and will likely chase part of it this year – amazed when he hears people say they want more police, but don’t want taxpayers or the Boardwalk to pay for it – ends up coming from employees who don’t have the same protections, or perform a service perceived as not important as that of the police – unfair and hypocritical of those who would shift that burden to them, while they profit from the same system – Council voted to bond $500K for Little League field, and to refund $700K to Jenkinson’s – doesn’t understand why they would vote against a note sale, which would provide flexibility – that vote will come back to bite us – will not be able to fully fund the police, DPW and other vital services.

Administrator/CFO Riehl: No Report

PUBLIC PARTICIPATION PERIOD OPENED AT 9:26PM

Stan Angeloni, PPB: lives on county road – has removed snow from sidewalk quite a few times and County plows and puts it back on sidewalk – can’t do it after they plow, because it’s ice – he’s not going to do it more than once; wished all a Merry Christmas.
Vince Castin, PPB: asked for anything concrete on Silver Lake; would like to speak with Council about the snow ordinance – too many things can go wrong with it as written – must use last year’s snow storm as the base model – can’t use the 48-hours because it doesn’t apply all the time in all areas.
Melissa Barrella, PPB: in December, there were many impassable roads, including the Garden State Parkway – asked Council to consider that, if taxpayers cannot get from their main residences here, it’s not fair to penalize them for not shoveling their sidewalks; sympathizes with Councilman Rizzo and wishes him the best of health in the future, but has missed about half of this year’s meetings, and voted on two matters – Councilman Reid’s appointment and a budget issue – will affect us this year and, potentially, beyond – people have a right to know whether or not he knew what he was voting on; congratulated Councilman Reid and wished all a Merry Christmas.
Ben Dispoto, PPB: asked how far in the hole we are starting 2012 - $1.2M is approximately 10% of the budget - due to have a bad year weather-wise and need to have a sufficient buffer to take us through that – should be a primary consideration – can’t continue to depend on court revenue and fines to get us through – have to start to rebuild that buffer – will be difficult, even with an increase in revenue – have to use a rolling rate for projections.
Ann Lightburn, PPB: asked about fixing the Boardwalk between Atlantic and New Jersey Avenues as summer isn’t far off – doing an RFP because “I’m A Local” lease is up – if Boardwalk is not fixed, may not have a tenant - need to look at condition of whole Boardwalk - town will be liable for accidents.
Andy Cortes, PPB: congratulated Councilman Reid – great choice and will do a great job – thanked Council members Corbally and Tooker for their votes of confidence, and the other three Councilmen for their kind words.
Kristin Hennessy, PPB: brought up snow removal ordinance last winter – a year later, nothing has been done – agrees with Councilman Lurie that it is a matter of enforcement, not changing the ordinance – lot of people agreed with her about the dangers of snow on sidewalks – asked if a kid has to get hit and killed while walking in the street because someone didn’t shovel, in order to enforce the ordinance – perhaps Code Enforcement Officer Petrillo can give some leeway to Mr. Angeloni, who lives on a County road – as for those who can’t get down from North Jersey, they will have to make arrangements – if you own a home here, must prepare in advance – must hire someone and show a good faith effort – some go all winter without making an attempt - they have to follow the law – it’s a safety issue – can consider using volunteer High School students, who can earn Key Club points – children, pet walkers, and seniors are at risk when sidewalks aren’t shoveled; prior to Mr. Barrella becoming Mayor, he criticized Council for doing the same kinds of things he proposed tonight on emergency appropriations – his famous line is "and the credit card bill has come due."
Mayor Barrella: was critical of was not paying for things currently – were going to borrow $215K in December and pay it back in February – there was no bonding – this was a short-term fix that the Director of the Division of Local Government Services suggested – not taking on more debt – this is the ability to pay as you go without having to take $120K, divide it by 12, and if we can’t pay it back, we’ve got 10 furlough days and lost services or layoffs – it’s about paying for the services – will be much better off when those who burden our services finally start to pay for what they use – has to happen before this summer.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:49PM

Upon motion by Councilman Lurie, with second by Councilman Corbally, meeting was adjourned at 9:49 PM by consent of Council.


ATTEST: Maryann Ellsworth, Municipal Clerk


Published December21, 2011 | Council Minutes | 1291


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