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February 21, 2012

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31PM with Mayor Barrella and Council Members Gordon, Mayer, Corbally and Reid present. Council members Tooker and Lurie were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to enter closed session to discuss 2 personnel, 2 potential litigation, 1 contract and 1 police personnel matter, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Councilmen Gordon, Mayer, Corbally, Reid …. YEA

Closed Session began at 6:32PM and ended at 7:24PM.

Mayor Barrella called the regular meeting to order at 7:29PM. Present were Council Members Gordon, Mayer, Corbally and Reid. Council members Tooker and Lurie were absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to approve February 7, 2012 Council meeting minutes, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Councilmen Gordon, Mayer, Corbally, Reid….YEA

Kathleen Daly, American Cancer Society, presented Governing Body with a plaque for their support – raised $1.1M with 17,000 participants – largest walk in NJ and one of the top 15 in the country – this will be its 20th year.

Joe Introna, Joe Leone’s: spoke about their Grand Opening celebration at their new location – spoke with Chief regarding some items – looking at either May 5th or 12th – their 15th year in town – open invitation to the public, with vendors and clients invited as well – will be a well publicized, old-school Italian festival with Italian music 2PM-7PM – will hire outside services to work food stands and have jugs or barrel of wine – spoke with Chief about the logistics of serving it – will have a tent with fencing around it – have the construction and tent permits – will not shut down streets – haven’t worked out parking yet – looking at 1,000-1,500 people during that time span.

Department head memos and correspondence were discussed with several items added to the agenda for action; discussion on Tourism Commission was held; discussed Code Task Force to deal with code violations on summer weekends, including occupancy checks based on police observations during late night complaints – will quiet things down at night because renters will not want to have code enforcement come through at 7AM the next day – seasonal rental ordinance amendment is a way to pay for it – police will accommodate training code people during police recruit training – as per Councilman Corbally, other realtors on board and have already been discouraging rentals for prom parties; Councilman Gordon: suggested applying credit for work not completed at Arnold Avenue ball fields to the best solution possible to address the drainage basins and the Borough Engineer is looking into it.

COMMITTEE REPORTS:

Councilman Gordon: will continue to provide police reports each meeting to give the public a sense of what the police are doing in their so-called ‘off’ months – from 2/3 through 2/20, 15 people arrested for offences such as, but not limited to, possession of controlled-dangerous substance, simple assault, defiant trespassing, harassment, disorderly conduct, receiving stolen property and DWI – arrested 9 subjects on outstanding warrants – responded to 28 first aid calls and 13 motor vehicle accidents including report of unconscious male who ran his vehicle onto the sidewalk and over a stop sign – number of vehicle burglaries have taken place (should lock your car door – not forcing their way in) – detonation of a ‘works’ bomb on enclosed porch which caused minor damage – increase in graffiti is being addressed with transit police (Borough is also being heavily hit).

Councilman Mayer: thanked the Mayor for moving committee reports early on – committee work is important; Finance Committee has been active – met with Parking Authority – met with Building Department and asked them for vehicle inventory and 3 year capital budget – DPW provided draft capital budget – met with Attorney Gannon on personnel and union matters – met with court administrator – hopes Boro moves on court shared agreement tonight – CFO Riehl has prepared several budget drafts – asked for meeting with water/sewer superintendent – targeting March 20 meeting for introduction (Mayor Barrella: should have a budget workshop on February 28th so the public can hear what is planned) thanked the Mayor for sitting in on budgets meetings for Councilwoman Tooker – is a big asset – thanked CFO Riehl.

Councilman Corbally: met regarding website update, with Borough Administrator and Clerk, and advertised this week for RFP; spoke with Freeholder Lacey twice regarding District 4 pilot parking program – said county will help us anyway they can – Ocean County Engineer will contact us about meeting.

Councilman Reid: regarding the Water/Sewer Department, through an internal investigation, administration discovered that an employee of the Borough reported incorrect meter readings, causing overbillings and under-billings of certain properties – correspondence will be forwarded to the affected properties – matter was turned over to the Ocean County Prosecutor’s office, which returned it to the Borough for administrative action to address the employee’s actions – the Borough is proceeding as required by Civil Service [Attorney Gertner: an internal audit of the department that revealed certain discrepancies (incorrect readings) on the bills – letters have gone out to the affected parties – administration will be available to answer questions of those affected – due diligence in performing the review and Civil Service rights of the employee involved are being investigated and reviewed].

Mayor Barrella: would like to resurrect former Mayor Vogel’s “Meet the Mayor” sessions, beginning with the 2nd and 4th Saturdays of the month, from 10AM-12PM or 11AM-1M; met last Wednesday with Senator Holzapfel, Assemblymen Wolfe and McGuckin and Glen Feldman, their chief of staff – discussed a number of legislations, including that regarding reassessments and the Senator Sweeney bill – hoping to move forward to get some positives for PPB and have our legislators work for us to get legislation that we need; listened to Governor's budget address – he’s pretty happy with the way things are going in the State – he did say that the only way to ensure Trenton will not waste money, is not to send it in the first place – agree, we send millions of dollars in sales and income tax money to Trenton and over the last two years have gotten back $3,400 in CMPTRA aid – clearly, our money is going there, but not coming back – spoke with our legislators about getting more of our money back – would like Council to pass resolution in support of League’s efforts to get our energy receipts tax restored – for years, Trenton has been taking money that is rightfully ours and spending it to balance their budget – can't afford to subsidize Trenton anymore – Governor did announce that property tax reform is working – PPB will produce a budget within the confines of what the Governor and Senate President have decided is appropriate – Governor talked about 10% cut in income tax which will equate to about $80-100 for someone making $75-100K – if you took the $15M or so of income tax, sent from PPB, and gave the town back 10% in State aid, the town could use that $1.5M to cut property tax by $500 – someone in Trenton needs to wake up and realize it’s the property tax, not the income tax, that’s the problem – they need to give us back our money which has been going into their black hole – the also talked about doing more with less, which is what we already do in PPB – letter in the paper talked about 69 full-time employees, only 14 of which are Beach residents – author suggested only hiring those who live in PPB to work in PPB – our DPW laborers and secretaries can't afford homes in PPB – we’re fortunate that our property levels are high, but it’s very difficult for someone just starting out, especially in those entry level positions to even conceive of moving and living here – back in the late 90's, those 69 full-time employees numbered over 90 – have 21 police officers, compared to 26 in 2008 – PPB is doing more with less and doing a good job – our employees are picking up the slack and doing the best they can do – bottom line is PPB is doing more with substantially less and will continue to do so.

Administrator Riehl: Green Acres paperwork for additional funding on Risden’s property was submitted, along with potential future property acquisitions which could be funded through Green Acres; lease for bath house/concession went out for bid – in line and on schedule with repairs to the southern end of the Boardwalk; DPW fixed sea wall to stop erosion; talking with Devo, the meter box company, as PPB would like to purchase more boxes and they have a lease program with $1 buyout – awaiting paperwork from them (Councilman Reid: asked to have them address the issue of seeing the meters at night) current machines cannot be made brighter – perhaps can look to improve through other means; flag on dais was presented by Governor Christie to PPB – it was flown over 9/11 site on 10th anniversary (Councilman Reid: asked when Boardwalk would be ready) not in May or June but definitely July.

PUBLIC PARTICIPATION PERIOD OPENED AT 8:26PM.

Chuck Venedam, PPB: received call from Animal Welfare Committee (AWC) member about cat problem on Brunswick Place – AWC seems more concerned about safety of cats while he’s more concerned about safety of children and residents – presented article on failure of TNR program (cats do control the rats brought here by lure of garbage) caught two that have been trapped before – one cat attacked his dog (Councilman Reid: asked if Kiley was paving properly) they did some tar patching, assured him they would come – hoping they’ll pave the whole lane (Councilman Gordon: asked if someone in his neighborhood was feeding the cats) not to his knowledge – has been a problem over the last two years (Mayor Barrella: directed Administrator Riehl to have Muskrat Jack look into the matter).
Dave Cavagnaro, PPB: asked for details on item 1/f, since grant has been awarded (need to execute within 60 days of 1/24; earmarked for a PPB tree inventory and haven’t decided what the next step would be) asked what would be done with the information and what liability it would impose for the Borough – asked who would bear the cost of tree removal in the right-of-way; asked about the seasonal rental fees (net fee will be year round at $150 and seasonal at $300) asked about the disparity between the two fees; 2012-07 requires lids for garbage cans which would increase the use of bags – suggested striking the paragraph mentioning lids; asked whether the Chief and CFO were asked about lost revenue and enforceability of resident parking pass – Chief DePolo claimed it was unenforceable and abused and the CFO claimed it lost money (test period of one year) never realized that handicap parking hang tags get free parking all over PPB.
Marilyn Burke, PPB: believe police do a fine job – questioned OT – asked who would take over Lt. Dikun's job if he got sick [Civil Service (CSC) eligible list has 4 names for the promotion to the Lt. position) asked why those four people are not doing some of those jobs (Chief O’Hara: if they are doing the job of a lieutenant, they are entitled to lieutenant pay as per CSC – then there is less supervision on the road and streets) asked if new person was hired, would they start at Dikun's salary – could save money (Councilman Gordon: been saving money – no captain for 22 months – when you start gapping the billets, you get the scenario we are now facing, where people are stepping above their pay grade, like Lt. Dikun, who has assumed a lot of the Captain’s responsibilities – have an ordinance that creates a chain of command and, as a Council, we have a responsibility to fill those positions; Mayor Barrella: in 2009, had chief, captain and 2 lieutenants; last year had chief and 1 lieutenant – saved $400K in payroll and benefits – were 4 senior managers doing the administrative work in 2009, but only had two doing the same work in 2011) 16 of our officers are qualified to teach at the Academy – ask if they are assigned or if they volunteer (Chief: assigned at the request of the Academy) asked who takes over their duties when they are teaching (Chief: would be put on hold and still be their responsibility – prior to 2011, there was no OT due to teaching at the Academy – started when department became under-staffed) should have other, less highly-paid officers teach instead of Lt. Dikun (Chief: subject matter dictates who teaches it; Mayor Barrella: 40 of 50 in this Academy class were referred by PPB; Councilman Reid: things are a little different now, don’t think he’s the only one who can do that training; Mayor Barrella: skillful effort by some to divert attention from the real reason those extra officers are needed, about why we need to train those extra officers – because of the people who frequent our major businesses that are making money hand over fist and not paying their fair share – the real problem was the bad behavior last year and the contribution by our major businesses to that bad behavior – not going to allow this to be about Bob Dikun when it should be about those businesses that bring in the people that require us to hire an additional 60 officers, and what are they going to do so we will not have a repeat of last summer and pay for the added police protection the town incurs because of their businesses; Reid: since things have changed administratively, should look at the 272 hours that Lt. Dikun put in at the Academy and possibly send someone else; Mayor Barrella: reminded all that Governor Christie’s DCA reported that 24 officers were needed in the Police Department, and we’re now working with 21; Councilman Reid: suggested having Councilman Gordon, as police liaison, talk with the Lt. about relinquishing his Academy teaching duties; Councilman Gordon: cannot shirk our responsibilities there but will look at this – litany of lessons learned last year – will scrutinize – will not exclude payment of OT to the detriment of this town, however – will make smart decisions and man the Police Department accordingly, so these numbers can be driven down – need to have the appropriate amount of senior staff to support our patrolmen on the beat, so they can continue to do this town a great service – only into our third meeting of the year, must be provided an opportunity to respond – going to scrutinize and drive the numbers down where it makes sense and not set the department up for failure).
Anne Lightburn, PPB: Council should not change the requirements for appointment to the Open Space Committee – resident-at-large position needs to stay as resident-at-large – in favor of Version 1, which is basically what is currently on the books, and the intention of the Council when it was first established – Open Space Committee meets tomorrow night and can get a recommendation at that time; parking pass is tremendous benefit to residents – didn't mind paying $30 for it – aimed at giving residents the ability to use their town – enjoying my town more but might not go there if I had to put money in a meter.
Motion by Councilman Corbally, to close public participation period, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Gordon, Mayer, Corbally, Reid …. YEA

PUBLIC PARTICIPATION PERIOD ENDED AT 9:13PM.

Clerk Ellsworth deleted, added and announced changes to resolutions listed below and removed some resolutions; Councilman Gordon; asked for 1/f to be considered separately and asked how many uniforms are covered in 1/q; Councilman Mayer: asked that 2/o be considered separately; item 2/i was held as the Chief was asking for officers to volunteer their time to the Little League; Mayor Barrella: asked about fees for Cancer Society Walk.
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Gordon and carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Proclaim March as ‘Youth Art Month’
b) Proclaim February as ‘Heart Month’
c) Annual approval of miscellaneous water/sewer utility fees
d) Payment to Brick MUA for January bulk water usage ($45,892)
e) Payment of 1st quarter installment to OCUA ($285,982.50)
f) HELD for separate consideration as Resolution 4
g) Scheduled payments to PPB Board of Education ($2,183,081.45)
h) Payment to OC Landfill for tipping fees ($50,000)
i) Approval of Cystic Fibrosis S/E App for ‘Great Strides’ Walk on 5/20/12
j) Approval of American Cancer Society ‘Breast Cancer’ Walk on 10/21/12
k) Authorization to appt 20 additional Class I Special Officers
l) HELD (P O to Tech Electric Corps for Fire Dept computers - $3405.32)
m) Payments to T&M Assoc from BOA escrow accts ($1512)
n) Refund of dumpster bond to Atlantic Ocean Construction ($250)
o) Approval of Payroll #3 ($179,024.83)
p) Payments to Galvin Law Firm from Planning Bd & BOA accts ($1252.50)
q) Award of contract to Best Uniforms for DPW employee uniforms ($6350.50)
r) Authorization for Mayor to execute contract with T&M Associates for services of
Borough Engineer
s) Emergency Appropriation to 2012 Temporary Budget
t) Support for S-243/A-327 (Remove insurance obstacles for volunteer drivers)
u) Payment to State Health Benefits for employee health benefits ($112,060.72)
v) Payments to Fire & Safety Services for repairs to fire trucks ($8761.65)
w) Payment to Denise Sweet from BOA escrow ($200)
x) P O to Hertrich Fleet for DPW pick-up truck ($20,692 thru recycling grant)
y) Approval of towing agreement for 2012-2013
CONSENT RESOLUTION 2:
a) Payment to Hutchinson Plumbing for work performed for NJ Clean Energy program
($19,983.07 thru grant)
b) Change Order #1 to National Water Main for trenchless sanitary sewer spot repairs
($7612)
c) Payment to NJ Division of Pensions for annual PERS contribution ($327,573)
d) Payment to NJ Division of Pensions for annual PFRS contribution ($602,200)
e) Authorize tonnage grant application
f) Certify recycling taxes paid to Ocean County Landfill in 2012
g) Memorialize retirement agreement for confidential secretary
h) Payment to Pitney Bowes for prepaid postage for postage meter ($4074)
i) HELD (Approve S/E App for PPB Little League ‘Opening Day’ Parade)
j) Correction to annual salary for Sanitation Supervisor
k) Transfer funds between 2011 budget accounts
l) Approval of Temporary Capital Budget
m) Payments to the Galvin Law Firm from Planning Board accts ($870.00)
n) Refund tax overpayment ($4076.56)
o) HELD for separate consideration as Resolution 5
p) Approval of computer generated vouchers ($561,947.96)
q) Water/Sewer bill adjustments (10 accts)
r) P O to HD Waterworks for water meters at an amount not to exceed the current bid
threshold ($6765)
s) Award contract to Cambria Auto for sanitation truck subject to attorney review
($214,795) (Closed session item)
t) Authorization to advertise for Code Task Force positions
u) Cancel June 5, 2012 Council meeting and reschedule meeting for June 12, 2012
v) Authorization to place ad in PPB Education Foundation ad journal ($100)
VOTE: Council Members Gordon, Mayer, Corbally, Reid …. YEA

RESOLUTION 3 (Authorization to draft ordinance amendment regarding overnight parking/commercial vehicles) was discussed.
Chief O'Hara: recommendation in response to Mr. Kelly’s complaint, at the last meeting, regarding parking of commercial vehicles on the 500 block of Washington and Philadelphia Avenues – ordinance does not currently address the parking of commercial vehicles on roadways – recommended prohibiting the parking of commercial vehicles or other vehicles of 8,000 lbs or more (Mayor Barrella: asked about vehicle parking while performing a service at a residence, such as plumbing; Councilman Corbally: asked about residents, such as plumbing, parking their commercial vehicles in front of their homes; Mayor Barrella: suggested expanding the area for parking of commercial vehicles in the ‘Valentine’ lot; Councilman Reid: asked which business on Washington Avenue; Mr. Kelly, PPB: ordinance already regulates plumbers, contractors, etc.; Councilman Mayer: also asked if residents could park their commercial vehicles in front of their homes as the ordinance currently stands; Mayor Barrella: authorize Borough Attorney and Chief to review and address the problem by amending the ordinance while providing a place for residents to park their commercial vehicles, one – not a fleet; Borough Attorney: suggested working with the Chief and first presenting a draft to the Police Committee).
Motion by Councilman Corbally, to authorize Attorney and Chief to review ordinance and craft amendment for presentation to Police Committee, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Gordon, Mayer, Corbally, Reid …. YEA
Councilman Reid: first clarified whether Council was going change ordinance, so the plumber living in PPB could not park in front of his residence (Mayor Barrella: not aimed toward the small businessman living in town but to the commercial enterprise parking numerous vehicles on the streets).

RESOLUTION 4 (Acceptance of 2012 Green Communities Grant and authorization for matching funds in the amount of $3K) was discussed.
Councilman Gordon: need to table until Council receives answers to Mr. Cavagnaro’s questions; Councilman Mayer: don’t think his questions will be easily answered – not a fan of this matching grant – what do you do after identifying the hazardous trees in town – think we should identify those trees, but there are definite issues on how far back for the property line to go, and who pays for pruning and tree removal – problematical – right answer might be for town to remove hazardous branches; Councilman Gordon: prudent to do our best to answer those questions – concerned about what type of liability town would have once we have that list; Attorney Gertner: opined that notification to property owner would negate Borough’s liability.
Motion by Councilman Gordon, to table action on Resolution 4 for answers, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Gordon, Corbally, Reid …. YEA
Councilman Mayer …. NAY

RESOLUTION 5 (Authorize advertise RFQ for wireless communications antenna/tower siting and management consultant) was discussed.
Councilman Mayer: thought this was a solicitation for a vendor to assist us in finding a new lease – reached out to Borough Attorney because it also seems to be dealing with tower siting – don’t think anyone wants to suggest we put a new tower in town – don’t want to raise that spectre.
Motion by Councilman Mayer, to authorize advertisement of RFQ after removing all references to tower siting, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Mayer, Corbally, Reid …. YEA
Councilman Gordon …. NAY

Ordinance 2012-05 (Capital Bond – Boardwalk Repairs) was introduced on first reading. Councilman Reid: asked if the town was getting money back from FEMA (yes).
Motion by Councilman Mayer to approve Ordinance 2012-05 was seconded by Councilman Corbally and carried by the following roll call vote. Public hearing will be held on March 6th.
VOTE: Council Members Gordon, Mayer, Corbally, Reid …. YEA

Ordinance 2012-08 (Seasonal License and CO Fees) was introduced on first reading. Motion by Councilman Gordon to approve Ordinance 2012-05 was seconded by Councilman Reid and carried by the following roll call vote. Public hearing will be held on March 6th.
VOTE: Council Members Gordon, Mayer, Corbally, Reid …. YEA

Introduction of Ordinance 2012-04 was held for input from the Open Space Committee.

Proposed Ordinance 2012-06 (Resident Parking Pass Program) was discussed. Councilman Reid: addressed revenue loss concern – going from $30 to $10 and 3 hours to 2 hours, and eliminating pass use totally in the Silver Lake, Risden’s South and Railroad lots; Councilman Corbally: not an open space in town on the weekends – town is losing $3/hour for any resident utilizing this pass (losing that now) – questioned how many passes per household (1); Councilman Mayer: also expressed concern with lost revenue – asked to clarify that there is only one pass per property; Mayor Barrella: clarified that ordinance benefits residents of PPB and part-time residents who own property in PPB, which they use themselves on a seasonal basis; discussion ensued about the logistics of seasonal renters utilizing the pass; Administrator Riehl: suggested issuing one pass per residential property address, without concern as to who uses it; Councilman Corbally: concerned about the whole pass system, due to loss of revenue; Mayor Barrella: expressed concern with enforcement issues – suggested limiting use 4AM-noon – would veto it in its current format; Councilman Mayer: confused as to its current state and where you put the sticker; Council decided to address issues and present for introduction at next meeting.

Proposed Ordinance 2012-07 (Waste Materials & Collection) was discussed.
Councilman Reid: proposed removing language requiring that cans have lids; discussion ensued regarding use of lids and what type of plastic bags.
Ordinance 2012-07 (Waste Materials & Collection) was introduced on first reading after removing language requiring lids.
Motion by Councilman Reid to approve Ordinance 2012-07 was seconded by Councilman Gordon and carried by the following roll call vote. Public hearing will be held on March 6th.
VOTE: Council Members Gordon, Mayer, Corbally, Reid …. YEA

PUBLIC PARTICIPATION PERIOD OPENED AT 10:06 PM.

Dave Cavagnaro, PPB: suggested using vehicle registration when issuing parking passes; greater liability issue that is of concern after identifying hazardous trees would be with those trees on Borough property and in right-of-way between curb and sidewalk.
Lee Kelly, PPB: reiterated Mr. Cavagnaro’s sentiments on parking pass program – spoke about his tenant, who should be able to get a pass - $10 is a bargain, $30 is a better price – sold about 110 passes last year.

PUBLIC PARTICIPATION PERIOD ENDED AT 10:12 PM.

Upon motion by Councilman Corbally, with second by Councilman Gordon, meeting was adjourned at 10:13 PM by consent of Council.



ATTEST: Maryann Ellsworth, Municipal Clerk


Published April04, 2012 | Council Minutes | 1340


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