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February 7, 2012

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:37PM with Mayor Barrella and Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mayer, to enter closed session to discuss review of closed session minutes, shared services, police personnel, 5 contractual matters, 3 personnel matters, TWU negotiations and 1 litigation matter, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Closed Session began at 6:39PM and ended at 7:14PM.

Mayor Barrella called the regular meeting to order at 7:26PM. Present were Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to approve January 24, 2012 Council meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Clerk Ellsworth: draft copy of Ordinance 2012-04 had inadvertently been copied for the meeting and explained the change; added items from Closed Session to Consent Resolution 5. Councilman Lurie requested that St. Peter PTA Special Event application be addressed on the agenda as well.

PUBLIC PARTICIPATION PERIOD OPENED AT 7:43 PM.

Anne Lightburn, Point Pleasant Beach (PPB): asked what the Open Space Committee Ordinance amendment would accomplish (Clerk Ellsworth: tightening up intent of original ordinance; Mayor Barrella: re-capped last meeting’s discussion – confused about the change; Council disagreed about the intent of the ordinance and the change to be made – was agreed to hold the ordinance until next meeting, to re-write it and give Ms. Lightburn and anyone else an opportunity to study it; Councilman Gordon: lesson for Council to not take action before checking with all involved) from her perspective, the current ordinance is accurate; strongly in favor of resident parking pass; this is the first she’s heard that the Borough Engineer is going to work with Green Acres – thought Administrator Riehl did those things – asked what Council is looking for (Mayor Barrella: it’s a protective claim).
John Szafranski, PPB: asked if Council heard about the noise ordinance that the state revised and if anything could be done about it (Mayor Barrella: had asked Attorney Gertner to review with the prosecutor: Attorney Gertner: Chief O’Hara sent him an analysis – they analyzed it and got it back to the relevant parties – meeting next week to come up with a report) asked if now controls the noise along the Boardwalk (Mayor Barrella: working on getting a definitive answer); asked if Special Event situation had been resolved and if we got paid for last year’s events; NJNG and Kiely are redoing gas pipes along Ocean Avenue – asked if they are going to repave Vetrini Lane, Water Street, and the various private lanes, or if that’s a town problem (Clerk Ellsworth: we get a bond when NJNG opens the roads – specifically meant to ensure they resurface correctly) right now, they’re just putting a patch over the hole.
Marilyn Burke, PPB: spending a lot of money on Little League field - need to consider what it’s costing and what we are going to get out of it – asked who will maintain it and pay for that (Mayor Barrella: it is town property and on the Open Space roster; Councilman Corbally: DPW mows it twice a week); asked who distributes police overtime (OT) (Councilman Gordon: OT is not distributed, but earned by working extra hours beyond one’s normal schedule) complained about Lt. Dikun making $70K in OT – would have to work 111 days for that (Mayor Barrella: it’s the Department Head’s decision to authorize OT) asked why Chief okayed so much (Chief O'Hara: he earned that much OT because the department has many duties that are required to be done by the County Prosecutor’s office and the State – also governed by the rules of Civil Service - certain functions can only be performed by people of certain ranks - for about the past 12 years police department had 4 administrative officers – chief, captain and 2 lieutenants – in 2010, Chief DePolo retired – did not add another administrative officer – few months later, Lt. DiCorcia retired – are now down to 2 who are doing functions previously done by 4 – asked prior Governing Body for promotions to help alleviate this – promotions were never made, but the jobs still had to get done – Lt. Dikun stepped forward and did what was asked of him – does a phenomenal job – for 23 years, has put his heart and soul into the department, did the work that had to get done – he’s very competent, very intelligent – the department lost 2 administrative officers – the captain and lieutenant’s positions were left vacant, and now there is a sergeant’s position left vacant – those vacancies freed-up more than $400K from the department payroll – that’s more than 6,000 hours of work annually that is still there, and has to be distributed among other people – a lieutenant’s or captain’s job can’t be given to a sergeant or a patrolman – they don’t have the training or experience and, according to Civil Service, it’s not within their job titles, so they can’t do that work – met with Councilwoman Tooker, then department chair, and former Councilmen Rizzo and Hennessy, and asked them to make a promotion to help spread out the work – was never done – work was still there – bottom line is, we took $400K off payroll and had $70K in OT – still ahead of the game – since 2007, department has spent $110-120K annually on OT – this past year, we spent $252,575 – if you subtract $95K for the Rice Krispies plan and another $25K, which we will get back from FEMA for Hurricane Irene, have a net of $133K in OT for 2011, - only about $12-14K above what we normally operate under – proud of his guys for getting the job done for only that little bit of an increase – they’ve done a good job – OT is not out of control – one person got it because he was the person eligible and qualified to do the work that needed to be done) didn’t say OT was out of control – said one person got an exorbitant amount of OT - asked, if there was so much money left over because so many police left the force, why the Chief asked for $95K more for SNAP (Chief O’Hara: he did not have the special officers on staff eligible to work the hours needed at the request of the community last summer when they wanted more patrols out there – the only way he could put more patrols out there for that program, which was explained at that special meeting in July, was to utilize regular officers on OT because all the seasonal officers were maxed out at their hours and they couldn’t take on any more) wasn’t questioning the regular officers’ OT – was zeroing in on the lieutenant who made $70K – asked if Lt. Dikun teaches at the academy (Mayor Barrella: yes; Chief O’Hara: one of several) his brother runs the academy (Chief O’Hara: his brother is the lead instructor, not the director, who answer’s to Ocean County Sheriff) asked if Lt. Dikun gets paid for teaching there (Chief O’Hara: he gets a salary from the police department when on loan to the academy) asked how many hours he puts in there (Chief O’Hara: approximately 270 in 2011) asked if we pay for his transportation (Chief O’Hara: he uses a department vehicle – he is on duty when there); asked how much was saved via court shared services (Mayor Barrella: currently incurring approximately $20K in OT because the Council majority in 2010 entered into a shared services agreement without consulting with the police department, so they were not aware that our specials could not provide security outside of PPB – so the Chief’s $132K in OT, is really $112 if you compare apples to apples with past years – we get about $36K from the Boro - it costs us $20K because of the specials, plus lost productivity time – been working hard the last year or so to try and fix a bad deal negotiated by the Council majority with Boro Council President Sue Rogers) thought we could get out of the agreement if we wanted (Mayor Barrella: could ask to have the agreement re-negotiated July 1st of each year – was, inexplicably, drafted as a 3-year agreement and both municipalities must agree to get out – can only try to pressure the Boro into seeing it our way – because of the intent of the statute, despite the shoddy draftsmanship, we might be able to force our way out – would have been easier if it was drafted with more clarity in giving us that out.
Vince Castin, PPB: asked Council to keep an eye on the Little League field - retention area is holding water – a catch basin - accident waiting to happen - thinks stone can be placed there, or a cover or fence (Mayor Barrella: asked Administrator Riehl to follow-up; Administrator Riehl: irrigation area is in the line of play; Councilman Gordon: was there today – that is being addressed – contractor has agreed to resolve it on their dime; Mayor Barrella: told Mr. Castin to check with Administrator Riehl by the end of the week; Councilman Mayer: it’s supposed to perc and it’s not; Councilman Lurie: he has to look at his soil logs – there is a clay layer in some areas of this town – has to get through that clay layer to get it to perc; Councilman Gordon: becomes a mosquito breeding ground – poses a quality of life and health issue – will increase Open Space footprint by covering up these eyesores) asked about item 5b; asked about dredging of Little Silver Lake (Councilwoman Tooker: can maybe look to one of the special engineering firms to start; Councilman Lurie: have to go through the RFP process; Mayor Barrella: there is interest-free EIT money available – does not appear to be grant money, but debt that we would have to re-pay – been waiting for County and State to remediate some of the problems with the hurricane - looks like that will not happen – need to get an RFP done and get the engineers moving; Councilwoman Tooker: would like to get moving on that tonight; Councilman Mayer: does have Barnegat Bay impact – the EIT has the Barnegat Bay Program with some loan forgiveness money – the timeline is fast approaching on it; Mayor Barrella: instructed Administrator Riehl to speak with Engineer Savacool and get some quotes from currently appointed engineers); asked why retention basin can’t be filled with smaller stone (Councilman Lurie: would create a nesting bed for mosquitoes – need to get the water out - if you don't break through the clay layer, the water will not infiltrate into the ground – would have to pipe it to the Inlet) need to move on it.
Lee Kelly, PPB: thanked Council for the ordinance regarding the bus stop on Washington Avenue – first time in 17 years that Council has done something with the 500 block of Washington; need to take a look at taxi cab licensing ordinance – number of cars and locations of depots are supposed to part of license – there are too many vehicles in that area - step vans are not covered under taxi cabs – also, vehicles have to be marked and painted with a similar scheme – last summer had Smirnoff Vodka, etc, on the vehicles, parked overnight on public streets (Councilwoman Tooker: Code Enforcement Officer Petrillo has addressed this and asked that people call when they see it; Mayor Barrella: asked Chief O’Hara to review the ordinance) buses can’t even get in there anymore - someone is painting the curbs there - sweepers can't clean there as vehicles are parked 24/7 – parking is horrendous - rib place is a disaster - modular homes park there sometime 2 nights – against the ordinance – way over 8,000lbs - restaurants on west side of that block, including several new ones, have no parking – and there is another business coming in – last summer, there was parking in the auto body lot, which was hazardous - asked Council to look at some of those issues - too many vehicles there and they're not even cabs (Mayor Barrella: asked Chief O’Hara to look into the issues around the 500 blocks of Philadelphia and Washington Avenues; Chief O’Hara: a lot of this would fall under Code – will talk to Ms. Petrillo about it; Councilman Mayer: taxi licensing law has been amended – asked Councilwoman Tooker’s committee to review with Ms. Petrillo; Mayor Barrella: need to get the streets striped – parking spaces and yellow lines; Administrator Riehl: would have to budget for it; Mayor Barrella: would invalidate parking tickets if our lines aren’t right; Councilman Reid: last year, there were a lot of complaints about taxis/vans coming from other towns that have bald tires, and are in bad shape and not safe (Mayor Barrella: let’s see what we can do with the new taxi statute (O’Hara: thinks new ordinance allows for more companies to come into town – would like as many as possible to come in and out – they take the problems with them; Councilwoman Tooker: asked if there is a parking provision in mercantile licenses; Attorney Gertner: particularly in a strip mall, up to Code to ensure there is sufficient parking on site; Councilman Lurie: would have to check the Planning Board resolution).
Dave Cavagnaro, PPB: appreciates the need to dredge Silver Lake - need pump to push or pull water from Silver Lake into Lake Louise (Mayor Barrella: need to look at entire package, to be able to shut pump down when tide comes in) several flapper valves for Lake Louise at Baltimore and Yale aren’t working properly– roads will flood with particularly high tides, but no rain – need to be cleaned out or fixed – needs to be in budget (Mayor Barrella: that might be the County); asked that residential parking program be held until public gets a chance to see it - public should also be made aware of the input from the Administrator and Chief; online news article contained a quote from a Council member that was very critical of the police department – it invited negative comments from the public – unfortunately, there is a growing group of people who feel that people who are well-paid are being paid too much – there are people who feel we have too many police – created a forum for criticism of a department that does a phenomenal job – comments shouldn’t have come out in the newspaper before being made in-house; again asked Council to consider moving the Farmers Market to Borden’s lot, even prior to it coming before Council – be proactive, not reactive (Councilman Lurie: believes the Chamber of Commerce is already putting it in their booklet for the summertime) that shouldn’t preclude the Council from making a decision (Councilman Corbally: every summer, we lose 2 or 3 days of revenue in the train lot because of the Farmer’s Market; Councilman Mayer: would like to hear what Ms. Dietz thinks, since she runs it) vendors want better profile in the train lot, but they are competing with local businesses who support the taxpayers of the town – there is a free lot they could use.
Ben Dispoto, PPB: asked, re item 1/l, if we are loosing an employee (Mayor Barrella: being held tonight – would be a part-time court position - salary would come from Parking Offense Adjudication Act, not taxpayer money); agreed with Mr. Cavagnaro that public should be able to review the proposed parking program - cart is before the horse; all that money spent on the engineering and landscaping of the Little League field, but there is something wrong if we have standing water (Councilman Lurie: Engineer has to check that the contractor dug the hole deep enough; Councilman Gordon: we have a culture with our Engineer signs off on a lot of work that is not meeting the specs that are required in the contracts – saw it with other issues) suggested holding $260,000 payment (Councilman Gordon: need to hold the feet of our engineers and the companies they contract with to the fire) does not look good for the town, the Council or the Little League; asked if radar sign on River Avenue in Resolution 4 will calibrate time in both directions (Councilman Reid: heading south off of Route 35) asked about changing it to a one way street (been discussed for years; has ramifications).
Mike Ramos, PPB: arrived late – asked for clarification of the discussion regarding the request he made at the last Council Meeting - wants to be sure he’s doing things the right way - there have been instances where people have been on multiple committees (Mayor Barrella: this ordinance affects only Mayor’s appointments to the Open Space committee, not representatives to the Open Space Committee – right now, you’re not a member).
Chuck Venedam, PPB: last year, one of the wild cats on the Boardwalk attacked his dog and another got spooked and frightened his friend’s grandchild – at one time, there were 5 of them on his lane - spoke with Karen and the Animal Welfare Committee – they caught two of the cats - these cats had already been caught and released on New Jersey Avenue - they’re coming back and defecating and urinating in the area - it smells - cats are starting to get bold - coming out during day – afraid of what they’ll do in the future - owned his house for 24 years – cats have gotten out of control within the last 2 years - suggested catching them and getting rid of them – had sent Councilwoman Tooker a letter, which she forwarded to the Committee – knows she’s gotten complaints from people on Hendrickson, Water, and Lake – the cats are still there – asked Council to do something else (Councilwoman Tooker: a lot of the owners are tracking – it’s an ongoing thing – it takes time) was told by Muskrat Jack that this is a growing problem in that area (Councilwoman Tooker: it shouldn’t be growing) it is, in the last 2 years – they’re sitting on people’s decks, etc. – he’s a cat lover, but a child is going to get hurt - advocated bringing them to a County shelter - they could be there another 15 years (Councilwoman Tooker: the life of a feral cat is usually 3-5) would appreciate anything Council can do.

PUBLIC PARTICIPATION PERIOD ENDED AT 8:54 PM.

Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Reid and carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Authorization for Mayor to execute contract with Suplee, Clooney for Audit services
b) Approval of Schedule C Agreement with County
c) Approval of Payroll #2 ($272,930.26)
d) Payment to Pedroni Fuel for diesel fuel thru Ocean County Co-Op ($29,007.15)
e) Payment to Diesel Solutions for repair of DPW truck injection pump ($2839.92)
f) Authorize Borough Engineer to submit NJDEP Recreational Trails Grant Funding Application to fund Boardwalk repair
g) Approval of computer generated vouchers ($519,683.59)
h) Approve First Aid S/E application for Monster Dash on 10/27/12
i) Progress payment #2 to Down to Earth Landscaping for field rehab ($261,017.85)
j) Approve curb cut at 1906 Beacon Lane
k) Approve Girl Scout Troop #147 Cookie Canvass in downtown business district
l) HELD per Closed Session (Appt Ita Brown as P/T clerk for court)
CONSENT RESOLUTION 5:
a) Authorization for Borough Engineer to prepare Boardwalk repair specs (Closed
Session Item)
b) Award of contract to Insituform Technologies, Inc. for Sewer Main Lining ($449,951) (Closed Session Item)
c) Approve retirement request of Confidential Secretary (Closed Session Item)
d) Authorization for Borough Engineer to pursue Green Acres funding for Open Space purchase (Closed Session Item)
e) Accept resignation of payroll clerk and authorize advertising for position of part/time payroll clerk (Closed Session Item)
f) Approval of St. Peter PTA S/E application authorizing sale of car raffle tickets on Boardwalk with placement of car on Boardwalk to be contingent upon review by Borough Engineer
VOTE: Council Members Tooker, Gordon, Mayer (all but ‘Payment to DeCotiis,
Fitzpatrick & Cole’ in item 1/g), Corbally, Lurie (all but item 5/b), Reid…YEA
Councilman Lurie (Only item 5/b)….NAY
Councilman Mayer (Only item 1/g)….ABSTAIN

RESOLUTION 2 (Approval of changes to Resident Parking Program with authorization for Borough Clerk to prepare Ordinance to amend) was discussed.
Councilman Corbally: against a parking plan - 3 main sources of revenue are parking fees, tickets and taxes - this ordinance hits two of them – we are losing $3/hour parking fees and officers are busy marking tires instead of possibly writing tickets – losing these two sources would mean taxes have to go up.
Councilman Gordon: propose a test period to see if we lose money - doesn't think it's a bad program at first blush – could offer residents quality of life – doesn’t want to adopt permanently until he knows the ramifications – would approve on a short-term basis to see the impact on the town and could re-think it at a later date.
Councilman Reid: parking pass program is already in effect - perk for residents of PPB - this will tighten up current ordinance – would not allow parking in the Risden’s, Railroad or Silver Lake lots, so we don’t lose revenue there – Chief O’Hara suggested stickers in the windows, which are easy to see – for people who want to have a jog or coffee on the Boardwalk in the morning or go fishing at the Inlet for an hour – tightened it up from 3 hours to 2 hours (Mayor Barrella: expands the current eligibility base by availing the program to all taxpayers of the municipality, not just residents – also, would go from $30 fee to no fee) would only lose @ $3,300 revenue (Mayor Barrella: if it’s free, could have many more people applying for it – the revised ordinance multiplies exponentially the people who are qualified for the program and provides a real incentive for more people to take part because it is free – suggested leaving it in place, as is, open to residents only, and cutting the fee to $10 for seniors) 42% of people have second households and we should be very grateful for that – they don’t put too much strain on our services – they are residents of this town also, and they do pay taxes – also, we’re losing money by people keeping their cars in the Silver Lake Lot Monday-Friday – that’s why he tightened that up to ensure they can’t park there – been going door to door – this is something that people would really like [Councilman Gordon: asked when residents start paying for parking (March 1 to October 31) would be all for testing it for a year – public wants to have input – owe them that opportunity; Councilman Mayer: will have that opportunity during the ordinance process; Mayor Barrella: know this ordinance is unenforceable - wants it on record that there will be no criticism of the police department for not enforcing the two hours; Councilman Mayer: he is not on record].
Councilman Reid: he will be on record – there will be stickers in the window – went from 3 tickets to 2 tickets – doesn’t think this puts much burden on the police, who do a great job; would not oppose if it was inactive from Memorial Day to Labor Day; (Councilman Gordon: should pay for the cost of the stickers – asked Chief O’Hara if he is entirely opposed to something of this nature; Chief O’Hara: recommends a permanent sticker that is not transferrable – can’t track violations if sticker goes from one car to another – should be a permanent sticker with license plate number on it, in the same location on every car – officers can be trained to chalk the tires – can’t guarantee every two hours to the minute – will do the best we can – hard to quantify how soon we can get back or how many violations we will see – agreed with trying it for a year and documenting the issues they encounter; Mayor Barrella: problem with “residential taxpayers,” as there are tenants who are full-time residents and might have a problem discriminating against residents; Attorney Gertner: tenants who are full-time residents need to be protected in the process; Mayor Barrella: would be unlawful to exclude residents – what you’re looking for to be drafted is not something that should be done by the Borough Clerk – too many legal issues – needs to be drafted by the Borough Attorney; Councilwoman Tooker: asked Administrator Riehl what she believes would be a fair price to cover the cost; Administrator Riehl: nominal fee of $10 to cover the cost of the stickers; Councilwoman Tooker: believes that is fare – then, those who are not taking advantage of the program are not subsidizing those who are; Mayor Barrella: need to cover employee cost as well – need to track and monitor these things from the point of issuing them – it’s not just the cost of the stickers – still not happy about broadening it to non-residents who just happen to own property here; Councilman Gordon: Borough Attorney will assist in drafting this to be sure we are in compliance; Councilman Reid: so, the only change to this resolution will be that the cost will now be $10, instead of free; Attorney Gertner: motion is to authorize the Clerk, the Borough Attorney and Councilman Reid to work on drafting an ordinance for first reading, which would include the basic tenets of the memo, along with having a fee of $10 for a one-year period from March 1, 2012 through October 31, 2012).
Motion by Councilman Gordon to authorize the Clerk, the Borough Attorney and Councilman Reid to work on drafting an ordinance for first reading, which would include the basic tenets of the memo, along with having a fee of $10 for a one-year period from March 1, 2012 through October 31, 2012, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA
Councilman Corbally….NAY

RESOLUTION 3 (Approval of Court shared services agreement) was discussed.
Mayor Barrella: this is an amendment to the existing Court shared services agreement - essential to move beach court sessions into the beach – we’re bringing the Court back here – holding PPB sessions here in PPB, which was agreed to with the Boro – the other agreement was nothing more than a reiteration of the original – Councilmen Corbally and Mayer met yesterday with Attorney Gannon, who shortened it up considerably from what he had originally proposed.
Motion by Councilman Corbally to approve amendment of Court shared services agreement was seconded by Councilman Reid and carried by roll call vote.
VOTE: Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA
Mayor Barrella: he will sign on Thursday, have it faxed to the Borough and have Administrator Riehl drop it off to Boro Administrator Maffei on Thursday afternoon, so they have plenty of time to review it before their next Council meeting on February 21st.

RESOLUTION 4 [Approval to proceed with River Avenue traffic calming and authorization of POs for Radar Sign and street re-lining (Not to exceed $7,000)] was discussed.
Clerk Ellsworth: there are two quotes in packet – Borough Administrator would like to see if we can get a cheaper price through the County.
Councilman Gordon: concerned with other areas of town which have similar issues - should look into how we will address those areas as well – owe it to the citizens who have brought up these concerns.
Councilman Corbally: unique situation on River Avenue – Councilman Reid’s suggestions are great – sign on Princeton Avenue is solar-operated - asked him if he looked into that (Councilman Reid: likes the hard-wired one better because it’s not as big and less intrusive – goes right on one of the telephone poles – River Avenue is owned by the Borough since last year – Bay Avenue is a speed trap – sending a letter to the County about that) asked about the cost of installation and would the light from the sign bother residents (Councilman Reid: it’s in box – doesn’t think there will be light glaring out) installation will have to be in the 2012 budget (Mayor Barrella: asked the cost of street lining; Administrator Riehl: $4,700; Councilman Reid: could be less if we go through Schedule C; Mayor Barrella: thought is to grind the center line on River Avenue and move it further west to narrow the lane and prompt people to be more cautious; Councilman Reid: also adding fog lines – met with, Administrator Riehl, DPW Superintendent Trout, Chief O’Hara, Engineer and 19 River Avenue residents – possibly looking into a speed hump as well; Mayor Barrella: suggested going forward with the street re-lining and seeing if we can get the County to pay for it and hold the sign until we get some cost estimates on wiring, etc. and consider at an upcoming meeting; Councilman Mayer: per Mr. Curcio, County can’t grind – that would have to go private – but they can stripe – would like to get a conceptual approval and let them develop the price – currently no appropriation for this – should come back with a purchase order and everything all together – requires electric power – he, generally, is not in favor of signs – have too many, some of which are ratty looking – but this is the right sign; Councilman Reid: police are doing a great job – residents are very happy that something is being done; Chief O’Hara: 61 violations issued in the last 4 weeks on River Avenue; Councilman Reid: asked how many of the 7,000 cars cutting through River Avenue are PPB residents; Councilman Gordon: thinks we are all guilty – a sign would be a nice reminder; Mayor Barrella: confirmed with Councilman Mayer that he would like Administrator Riehl to work with the County and Councilman Reid to come up with a cost – not an approval, just an authorization to formulate a more specific plan with costs).
Motion by Councilman Mayer to proceed with River Avenue traffic calming, as outlined by Councilman Reid, instructing the Borough Administrator to collect cost estimates and come back with a final overall cost, subject to an appropriation that Council expects to be in the 2012 budget, was seconded by Councilman Gordon, and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Mayor Barrella: he and Councilman Mayer discussed the meeting protocol and do not feel it is ready to be voted on – suggested that he and Councilmen Mayer and Corbally review original April 2010 agreement and see what changes need to be made (Councilman Mayer: already accepted a lot of Mayor Barrella’s suggestions – doesn’t want to go backward) can work on revised version (Councilman Reid: asked if they are the only ones discussing it; Councilman Mayer: would be glad to take his thoughts and comments to Council) the meeting protocol served the purpose of a group of Councilmen from 2009/2010 – there are things that need to be changed – it is currently suspended – wants to work through it with the Council President and Councilman Mayer has indicated a desire to work through it as well; Councilman Lurie: read the comments – amazed that Mayor Barrella wanted to change the order of vote to bring back the chaos; Councilman Mayer: suggested several times that he’d like to see the agenda re-ordered – would like the Committee Reports up front – would also like to make the first Public Participation for agenda items only, so we can get through the agenda) last year, had suggested moving the Committee Reports up front, in which case there would be no need for two Public Participation sessions – could adjourn right after ordinances – suggested trying this at the next meeting (Councilman Mayer: would still like a Public Participation at the end) can talk about it – hold for now.

Ordinance 2012-01 (Remove Bus Stop/Washington Avenue) was considered on second reading. Mayor Barrella opened the hearing to the public. Public hearing was held with no member of the public wishing to speak.
Motion by Councilwoman Tooker to close the public hearing and adopt ordinance 2012-01 was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-02 (Amusement Game License Fees) was considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro, PPB: support increases - was a stand operator on the Boardwalk 45 years ago – current fees are only a few hundred dollars more than what he paid then – should have gone up over time and haven’t - rental license fees went up 50% and no one asked for justification, as they are doing with a multi-million operation on the Boardwalk - thinks they are justified.
Councilman Corbally: basically bringing fees up to same level that Seaside Heights has had for years - in 1969, throw game fees were $200 – Chief’s salary at the time was $10,000 and the Clerk’s salary was $6,500 – salaries have increased ten-fold – going from $200 to $500 for these games - Boardwalk has expanded season from Easter to Halloween - arcades are open 365 days, which was not the case in 1969 – the worst case is, they’ve gone up 5 times since 1969 – probably should have gone up 10 or 20 times – did half last year – hope to do the rest now; Councilman Gordon: asked about mechanism to review these fees periodically to ensure these fees are staying with the times, rather than allowing the same scenario to take place (Attorney Gertner: best way is to have an attentive council); Councilman Mayer: all non-tax fees should be focused on annually – don’t want to see a sunset which would drop fees to zero with an inattentive Council; Councilman Reid: explained that by sunset he meant there should be a date specific review clause; Mayor Barrella: think Chief, Elaine Petrillo and Mike Gardner need to look at all these fees annually and provide report to new council in January, so we are on top of these things - other fees were reviewed and increased in 2008 and 2009; Chief O’Hara: new rules require full background investigations which took about 40 hours last year in detective bureau.
Motion by Councilman Corbally to close the public hearing and adopt ordinance 2012-02 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Councilman Lurie*….NAY
*Councilman Lurie: felt all fees should have been reviewed and done in one ordinance to save town money.

Ordinance 2012-03 (Combination Sewer Cleaner Truck Acquisition Bond) was considered on second reading. Mayor Barrella opened the hearing to the public. Public hearing was held with no member of the public wishing to speak.
Motion by Councilwoman Tooker to close the public hearing and adopt ordinance 2012-03 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-04 was held for next meeting.

COMMITTEE REPORTS:

Councilman Reid: been negotiating with Boardwalk for expansion of litter patrol from New Jersey Avenue to the end of the Boardwalk and to the railroad tracks - will have some numbers for next meeting but they seem to be amenable – suggested they employ worker to go down the streets at 7 AM and they should be done by 9AM – would be Saturday through Monday - not the Boardwalk's fault, it’s human nature - trying to get help at no cost to the town – good public/private partnership; thanked all for voting on River Avenue – thanked Chief and his force who have done an amazing job; thanked all for approval of parking pass; Councilwoman Tooker has been working with me on garbage ordinance and hope to have something by the end of the month.

Councilman Lurie: received response from Army Corps regarding blowout at Inlet - claim it’s our responsibility – years ago we took it upon ourselves to replace it, changing the bulkhead type, so it’s now our responsibility; talked to them about connecting end of Boardwalk to Inlet and parking lot and they will forward it to their real estate division.

Councilman Corbally: nine handicap spots in Silver Lake lot which accommodate getting a wheel chair out of van - currently we do not give tickets to vehicles with handicap placards for not feeding meters - that is not our current ordinance and the practice is being abused - our ordinance does allow disabled vets to park free – asked that all be made to pay and that police enforce our current ordinances (Mayor Barrella: need to issue warnings before we issue tickets; Chief O’Hara: history for the past 25+ years has been to extend the courtesy of not enforcing meters when the handicap spaces are filled-up - problem will be with repeat customers of many years who will be anticipating same - giving warnings now, doesn't make sense; Councilman Gordon: you need to brace yourself for the firestorm that will hit – think you are on track for those who abuse the system by maybe using a parent’s tag (to park free) - need to afford our police the ability to make the call - don't think we want the PR of labeling this town as anti-handicap; Councilman Lurie: this issue should be dropped; Councilman Reid: should not put our police, who are on the front line, in this position) except for those nine spots, they are not getting out of their cars in wheel chairs (Chief O’Hara: statutorily they are required to pay, but they are exempt from time limitations – been interpreting that the meter is a time limitation so therefore we allowed them to not pay - would not be wrong statutorily, but morally); agreed it was a dead issue; asked for authorization for RFP to upgrade town website- would be $5,000 or less – would increase productivity, improve the town image, be user interactive, help with the Reverse 911, could probably use to pay for dog & cat licenses and bulk pick-up - technology upgrade is way overdue (Council consensus was to move forward with same; Mayor Barrella: asked about getting someone to televise these things); Chamber of Commerce awards/installation dinner was a great event – Chamber did a great job organizing it and Martell’s did a fantastic job - Chamber is working on ways to give back to the town, for us to work together and to help out other organizations within the town; Shade Tree Commission meeting was cancelled; been authorized to begin dialogue with Freeholder Lacey regarding District 4 pilot parking program - asked if anyone would like to go with him.

Councilman Mayer: Finance Committee has met several times with department heads, fire department and parking authority – need to meet with Court and Building Department – apparently there’s a $260K deficit in water/sewer utility budget and need to increase rates immediately or it will have a serious impact on the budget (Mayor Barrella: don’t disagree – in 2009/2010 took $215K out of water/sewer utility to balance the budget) Finance Committee will address but need to get moving quickly; should explore possibility of insurance consultant; asked about moving SID along and to advertise RFP for consultant (Councilman Reid: asked for clarification on water/sewer utility deficit; Administrator Riehl: need to raise about $185K - factors include increased expenses, shortfall in revenues, did not bill what we anticipated billing and had over $50,000 in payment plans which were uncollectable last year – deficit last year was $260K)

Councilman Gordon: thanked Chief for educating all on hot topic (police OT) – police have not been idle - since January 20th had 12 arrests - recovered a stolen vehicle - 5 burglaries and 8 thefts reported – responded to 25 first aid calls and 13 motor vehicle accidents; thanked Animal Welfare Committee (AWC) for open house - do a great job and I applaud them - Mr. Venedam brought up some important issues – although an advocate of the AWC would put citizen’s welfare before an animal's welfare – have to look at whether we put a ‘3 strikes you’re out’ into program; echo Councilman Corbally’s words on Chamber of Commerce - truly an outstanding event - all award winners were well deserving.

Councilwoman Tooker: Building Department has been busy through the month of January with revenues totaling $82,145 - have budget request for new software; High School is hosting a blood drive on the 29th from 8 to 2:45, spring musical is ‘Aida’ on March 9th – 11th and annual gift auction is March 21st; may be a good time to look at other County roads and getting speed limits lowered (Councilman Corbally: difficult to do - spent money and a lot of police hours trying this before and was not doable); H S student Briana Fierst signed with Clemson and won 1600 championship; all working on litter patrol - will be another meeting with Jenkinsons (Mayor Barrella: asked Councilman Reid to attend with Councilmen Gordon; Councilman Reid: H S wrestling team won the Class B championship with Josie Diaz winning the 134 pound weight class state wrestling championship).

Mayor Barrella: asked Administrator Riehl to have DPW check stop sign on St. Louis and Parkway; Council needs to address structural imbalance in the police department to give the taxpayers the biggest bang for their buck; striping needs to be done and should authorize the Administrator to issue the RFP - will lose ticket revenue on the basis that lines were not visible – DPW does not have the manpower to do it - were at 25 DPW employees in the 1990s and doing more now with 17 (Councilman Gordon: support them - should be looking at our neighbors to see if there are any economies of scale to be had by sharing); had people raise issues regarding reassessment - about what is needed and the need to get it done - need to get it done as quickly as possible and as cheaply as possible – Senator Van Drew intends to reintroduce his bill – Senator Connors is also in favor – Councilman Reid has been talking to people as well - hope we can get it done and fix the inequities – will take 6 to 9 months without interior inspections and 21 to 24 months with them; need to address downtown area, becoming much busier and pedestrians are darting across the street - will have to devote more police services there (Chief O’Hara: lines and curbs need attention badly there, also); going to meet with some of our larger businesses – asked for suggestions back in December - will put together a legislative agenda so will not have the same problem as last year; Boardwalk is in bad shape in many areas and town cannot afford to fix it.

Administrator Riehl: No Report

PUBLIC PARTICIPATION PERIOD OPENED AT 10:15 PM.

Patrick Cramer, By Design Landscapes: asked about 1906 Beacon Lane.
Dave Cavagnaro, PPB: asked about status of rental fee adjustment; sat at meetings and heard Chief DePolo say the parking plan was abused by residents and was impossible to enforce without reallocating manpower and to the Administrator say it was a financial drain to the town – hard to listen to Councilman say it will not cost us much money when the professionals with years of experience feel differently.
Father Bob Benko, St. Peter Church: asked about car on Boardwalk - $40,000 revenue for us - huge tax liability to Borough to absorb that many students into the school system - would be willing to move it elsewhere on Boardwalk
Chuck Venedam, PPB: asked about blacktop and patching on Brunswick Lane - no one was notified about the construction.

PUBLIC PARTICIPATION PERIOD ENDED AT 10:20 PM.

Motion by Councilman Lurie, to enter closed session, to discuss police personnel, personnel, TWU negotiations, litigation and 3 contract matters, was seconded by Councilman Gordon and carried by roll call vote. Mayor Barrella alerted all that action could be taken after Closed Session.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid…YEA

Closed Session began at 10:21 PM and ended at 11:31 PM.

Mayor Barrella reconvened the meeting at 11:32 PM. Present were Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid.

Motion by Councilman Mayer, to come out of closed session and adjourn the meeting, was seconded by Councilman Gordon, and carried by unanimous consent of Council.

Meeting was adjourned at 11:33 PM.



TRANSCRIBED BY: Eileen Farrell, Deputy Clerk, & Maryann Ellsworth, Municipal Clerk


ATTEST: Maryann Ellsworth, Municipal Clerk


Published February22, 2012 | Council Minutes | 1312


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