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March 6, 2012

AGENDA

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 police contract, 1 police personnel, 1 contract, 1 labor negotiation and 3 personnel matters was seconded by Councilman Gordon 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 7:21PM.

Mayor Barrella called the regular meeting to order at 7:27PM. 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.

A moment of silence was observed for deceased resident, Kathleen Sirchio.

Motion by Councilwoman Tooker, to approve December 20, 2011 Closed Session minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Reid….YEA
Councilmen Gordon and Mayer were not polled, as they were not yet in office.

Chief O’Hara and Joe Introna, owner, discussed the logistics of Joe Leone’s Grand Opening - Police have no objection to site plan – Chief recommended 3 officers at off-duty rate of $75/hour - alcohol cannot be served, as the application currently stands – Mr. Introna will contact the ABC and modify his request.
Motion by Councilman Lurie, to approve the Special Event Application for Joe Leone’s Grand Opening on May 5th, 12th or 19th, subject to police recommendations and ABC approval, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

COMMITTEE REPORTS:

Councilman Reid: no report.

Councilman Lurie: JCP&L has gotten 36 street lights working as of February 21st – another 15 since then – acknowledged their hard work and that of Lynn Zupko, who has been a tremendous asset in getting this done.

Councilman Corbally: corresponded with Freeholder Lacey about the pilot parking program – meeting with Ocean County Engineer March 27th; asked that the Shade Tree resolution be held until next meeting; increase in police fees is not out of line for Chamber of Commerce Special Events – need to make Special Event ordinances more effective – Chamber members should not have to pay fees that others don’t; commended the Finance and Police Committees, both of which he is on; complemented Administrator Riehl and Councilman Mayer for work on budget; Councilman Gordon has shed new light on how the Police Department works – interviewed officers, all fantastic – extremely proud to have them working for PPB.

Councilman Mayer: met on February 21st and presented the budget – lot of comments on the “Patch” – doesn’t respond to anonymous comments - lot of good debate – unusual year – parking and court revenues are up, but there are some extraordinary expenses – nobody is happy about the budget increase – not a lot of new programs – things like Parking Authority, that haven’t been funded in the past, are now being funded – big items are really big – debt service, replacing the 17 furlough days’ salaries, social security, pensions, etc. – shouldn’t adjust labor on the backs of some and not others – added a recurring striping program for $25K – reserve for tax appeals – still $400K of surplus – not a lot – put $1.2 million of surplus in the budget this year – need to generate that amount next year – have been a lot of expenses – police salaries got a lot of attention – thanked all for their comments – expects to introduce budget on March 20th and hold the public hearing on either April 17th or 24th .

Councilman Gordon: reiterated Councilman Corbally’s comments – reassuring that town is in the capable hands of the individuals interviewed – not a weak candidate among them; on Saturday, Chief O’Hara and others interviewed candidates for 20 Class I positions – going forward with 19 – thanked them for not filling the 20th position with someone who is not qualified; since last report, there have been 12 arrests, including possession of prescription drugs, of which there has been a noticeable increase across the state – reports of stolen property and burglaries - criminal and traffic warrants issued, motor vehicle accidents and first aid calls; 30% reduction in Police overtime since this time last year – more scrutiny is needed, but off to a good start; lots of good things happening on the Recreation Committee – summer program has been revamped with increased hours – cost will increase from $150 to $180 – breaks down to about $1.50/hour – looking for an enrollment of about 250 this year, up from 180 last year – Antrim School will become a rain location – entire program may shift from Pleasure Park to Antrim on a permanent basis – looking to generate more events for the entire population – free Easter Egg Hunt on April 1st in Pleasure Park; thanked Mayor Barrella for agreeing to participate in the Mayors Trophy event on March 12th.

Councilwoman Tooker: gave Building Department statistics for February – revenue from permits, licensing, rental COs and fire administration totaled more than $19,400 – have also collected $2,250 in Animal House penalties and received a court judgment; announced the annual PPB Public Education Foundation Hall of Fame dinner on March 30th, honoring former Mayor Pasola, former principal Dr. Ellis, and a few other graduates; school musical, “Aida” is this weekend; Key Club fundraiser is March 21st at the High School; Animal Welfare Committee (AWC) fundraiser at The Ark on March 25th; AWC met with the Mayor, Administrator, and volunteers from Seaside Heights this week - they are starting a TNR program and modeling it after PPB’s – will be meeting with Brick officials next week; attended Trivia Night at the American Grill and had an enjoyable time – will be held every other Wednesday – kudos to all businesses and the Chamber of Commerce; asked about revising the snow ordinance (Mayor Barrella: advised her to talk with DPW Superintendent Trout and Code Enforcement Officer Petrillo – asked Councilmen Reid and Lurie to work with her on revision, if necessary); asked if Little League field drainage was addressed at last meeting – spoke with Barnegat Bay Partnership, which consults on field renovations because of storm water and drainage issues – their director is willing to offer advice – she’ll have him look at it when he comes to talk about Lake of the Lillies (Mayor Barrella: wants to hear from Engineer Savacool by next meeting that it’s fixed or on the way to being fixed).

Mayor Barrella: thanked Councilmen Corbally and Mayer and Administrator Riehl for their work on the budget – all agreed on what is needed to get things stable – fortunate to have $1,260,000 surplus to apply – last year, had only $480K – regenerating surplus is important – thanked all department heads and Fire Chief Michigan – invited budget questions during public participation to avoid speculation.

Administrator Riehl: received $70K FEMA reimbursement for Hurricane Irene – thanked Deputy EMC Grace for doing the paperwork; received approximate $11K energy audit reimbursement; Boardwalk bid came in substantially lower than anticipated; sewer spot repairs, which originally came in at $200K were rebid at $91K; on the agenda to reject bids for 3-year bath house lease – last year’s rent was $27K – only bid received, from same vendor, offered $7,500/year for 3 years (Councilman Reid: worried that Boardwalk won’t be finished until late June/early July – will be a problem to get someone; Councilman Corbally: suggested bidding a 1-year deal and re-bidding in June, rather than the winter, with the Boardwalk the way it is, so people can see what they’re getting.

PUBLIC PARTICIPATION PERIOD OPENED AT 8:03PM.

Marilyn Burke, Point Pleasant Beach (PPB): asked Councilman Gordon how much overtime (OT) and comp time the police receive each period and by what rank (Councilman Gordon: can’t provide off the top of his head - through due diligence, Police Department is down 30% in OT from last year – aim to continue to get better, smarter and more efficient with utilization of available resources) asked for amount of vacation time and days off, per pay period, which police will be teaching at the Academy, and what courses will be taught; residents are having a tough financial time – doesn’t want PPB to go bankrupt – was at Governor’s meeting today – talked about 2% cap – seems like we’re trying to find a loophole by bonding – looks like our taxes are going up 2% - not happy [Mayor Barrella: not bonding to get around the 2% - the bond issues we have, and what we paid, are from 2001, 2004 and 2007 (stuff in there from ’93) – last year, we issued 2011 series bond related to ordinances – about $4,171,000 of the $6,177,000 were related to ordinances from 2007 and earlier – 2008-48 was Risden’s – 2009-24 was Lake Louise dredging, Bond Anticipation Notes include Risden’s (have money coming in for that), 2009-35 was for fire truck purchase, 2010-55 was for purchase of parking boxes, and 2008-55 was the only multi-purpose bond – called Governor Christie out on the fact that there was never intended to be a 2% cap, and it doesn’t work – have $125K of emergency appropriations that rolled from last year – it’s not spending this year, just something to take into account – that’s our 2% cap – the political spin isn’t real; Councilman Mayer: will never get away from long-term bonding – we own major capital assets like the water and systems and buildings – problem is not that we are bonding, it’s that we’re not paying it back fast enough – it’s not going to get better yet because we still have substantial level debt service – need to pay it back faster - can’t issue notes, roll them for 10 years, and then issue bonds for 15 years] could have used $500K in Open Space Treasury to pay off part of a bond, instead it was put into a baseball field – that’s extravagant in this economic time; asked how much town saved with furloughs last year (Mayor Barrella: about $200K) asked how much money was spent on OT, for example in DPW (Administrator Riehl: unusually high due to hurricane and snow storm) saved $69K for DPW during furlough, but expended $95K for overtime (Mayor Barrella: furlough days, unfortunately don’t necessarily coordinate with hurricanes and blizzards – overtime had nothing to do with furloughs, employees would have gotten it anyway – a component of overtime is budgeted annually for weekend garbage pick-up in the tourist areas – this year, we won’t have overtime due to snow) asked who authorizes OT (Administrator Riehl: each department head – in DPW, some is scheduled and some is for random emergency call-outs at the contractual rate - in other departments it’s for projects or other accommodations - police handle their own OT).
Vince Castin, PPB: need to act on the water basin at the Little League field – about 2 feet of water there now – needs to be filled, or a fence put up – can’t wait until the season starts – major hazard; questioned status of Silver Lake dredging (Mayor Barrella: money is not likely available for dredging - instructed Administrator Riehl to see that the water basin is fixed by the next Council meeting, or that Engineer Savacool comes and explains why and what his plans are for fixing it by April 21st, the start of Little League; Councilman Gordon: asked Administrator Riehl to ensure that one of Mr. Savacool’s options, hopefully his main option, is to cover that basin on both sides; Councilman Reid: if it’s not fixed by next Council Meeting, would like the contractor to come in with Mr. Savacool as well; Councilman Corbally: need to know the cost; Mayor Barrella: if it can be remediated consistent with the agreement, won’t cost anything – if not, need to know why and how much it will cost); Silver Lake is getting as bad as Lake of the Lillies; would be better for renters if recycling can be picked up on Fridays in Districts 3 and 4 (Administrator Riehl: was on Fridays, but was changed last year to accommodate the furloughs; Mayor Barrella: let’s look into changing it back) asked about the Water Department issue (Attorney Gertner: letters went out regarding inaccurate readings) asked how the inaccuracies happened (Attorney Gertner: internal, but not because of equipment – dealt with employees – will be able to talk more about it next meeting; Mayor Barrella: magnitude was 77 of 3,500 accounts – not a major dollar impact; recommended moving expenses that have been there for 20-30 years out of Water/Sewer, back to the Municipal Budget – that’s the right way to do it or we’d have a Water/Sewer tax increase; Administrator Riehl: notified the over- or under-billed residents) asked if the accounts were misread or not read (Attorney Gertner: misread, not read – that there were mistakes made – Council moved vociferously and quickly to address the issue, to get the information to those affected in an expedient manner – issue is internal because of employees – should be resolved by next meeting; Mayor Barrella: speculation that the $185K moved from Water/Sewer was because of this is inaccurate; Administrator Riehl: overbilling is equated to around $9K under-billings were around $8K – nearly a wash); old letterhead was used for tonight’s agenda handouts (Mayor Barrella: used this opportunity to applaud Clerk Ellsworth - her daughter, Kerri Ellsworth, volunteered to make scrap pads out of old stationery – he brought the visiting Governor’s liaison to the Clerk’s office to inform him of our cost-saving measures).
Glenn Paesano, PPB: answered Mr. Castin’s questions about the Little League drainage ditches – the north ditch is the right height but is silted in – bottom must be dug out and replaced with approved fill, so groundwater can get out through the sides and bottom – must be done by March 30th – letter was sent to contractor (Councilman Gordon: we want it to be covered) that’s not what was in the contract (Councilman Gordon: then we need to figure it out, instead of them spending money on a resolution; Mayor Barrella: explained that an approved Change Order to the contract would be necessary; Councilman Gordon: not saying this arbitrarily, or making unilateral decisions, but the best option is to have it covered for safety, for an increased Open Space footprint, and other reasons – must be able to explore our options, so we can make an intelligent decision; Councilman Lurie: contractor designed it to drain that way – if it doesn’t, then you have alternative measures – might have to put in a pipe to connect to the Inlet – putting it underground would cost a fortune, and we would have to implement water quality measures and a storm filter system - could cost $70K for the water treatment system alone, per new storm water regulations – was designed according to one of the cheapest state-approved water quality measures) south drainage ditch is way too deep, groundwater is migrating back into the ditch – must be filled-in and vegetation planted – deadline is March 30th (Councilman Reid: the contractor knows it wasn’t done properly and they must re-do it) they’re going to attempt to make the original-contracted implementation work – he did come up with options, but they are at an additional cost.
Dave Cavagnaro, PPB: thanked DPW, on behalf of the Beautification Committee for help on a project; asked that his questions on the tree grant be answered before grant is approved (Councilman Corbally: was tabled, because we didn’t have the answers tonight) thanked Council for the resolutions on quality of life issues; asked if Little League pays for Special Event permit for Opening Day parade (Mayor Barrella: no – and police volunteer their time) would bother him if the Easter parade doesn’t have to pay and our Little League children do (Councilman Mayer: complimented the police who volunteer); reiterated his request that Farmer’s Market be moved to the free parking lot (Councilwoman Tooker: asked Kim Dietz to submit the Special Event application, so it can be discussed) Council should be directing the committees, not the other way around.
Ben Dispoto, PPB: asked about item 1/k – thought bath houses were part and parcel of the grill area (Mayor Barrella: it’s the entire premises); thanked Mayor and Council for their efforts on Resolutions 4, 5, and 6; asked about revision to Court Shared Services (Mayor Barrella: Boro is supposed to approve it tonight and then it goes to Judge Grasso); County government has not been very responsive to Councilman Corbally’s request of many weeks ago – disappointed that you have to chase someone to Florida to get a response – especially someone who lived here and knows the severity of the problem; asked where we are on the reassessment (Mayor Barrella: Tax Assessor Carpenter advised him that a revaluation needs to be considered – more full-blown process than a reassessment – Senator Van Drew is going to re-introduce legislation that would allow us to do the less cumbersome reassessment – Mr. Carpenter is concerned that Trenton might force us to spend $300K on interior inspections and a revaluation – if there is more than 4 years between the last set of interior inspections, you have to re-inspect all interiors – the legislation was designed to extend that to 8 years); town spent roughly $530K on the Little League project – disappointed by an ad in the “Ocean Star” soliciting people to enroll from other towns (Glenn Paesano: is on the board – the Little League District allows some surrounding areas) asked if those towns would help defray some of the expense (Councilman Lurie: the park was paid for with Open Space money – not these improvements – anyone can file a lawsuit with Green Acres to use our field when it is not being used) past Council made a big mistake – a lot of money for very little return (Councilman Lurie: would vote again for a Little League field for the kids) participated in Little League and has nothing against it, but $500K for a facility that size is a very large expense (Councilman Lurie: it’s actually cheap, in this day and age, compared to other towns) if you looked, pro-rata at how many children participated in that league, spread out over a 5- to 8-year period, it’s a very expensive propositions.
Anne Lightburn, PPB: thanked Council for asking Open Space Committee to weigh in on ordinance about the Committee – it’s reflected in the ordinance; happy that the $450K from Green Acres will be put against our $950K short-term debt – the fiscally prudent thing to do; asked about the Risden’s offer being unacceptable (Administrator Riehl: on the agenda to either accept or reject the bid – the view of the previous Borough Attorney was that it was not acceptable) something is better than nothing – practically, don’t have time to get another bidder and get that bathhouse up and running (Mayor Barrella: the place was left in a bad way – with oil still on the fire – could be the reason for the poor response - has a problem with awarding the bid to the same operator at a substantially lower rate; Administrator Riehl: has a list of local food places that might be interested in re-bidding – could probably have something ready by the first weekend in April; Councilman Gordon: asked about a security deposit; Administrator Riehl: we have one and it was part of the lease – assumption was that their bid would come in the same ballpark, so they weren’t pushed to have the place broom-clean; Attorney Gertner: was not part of the process - will look into that) if we can get more money, fine, but not opening it would be the worst decision – should have been inspected at the end of the lease (Mayor Barrella: have to start an RFQ process, whereby bids are in by September 1st, so people can look at the place while it’s operating) agreed (Mayor Barrella: can look into operating the lockers ourselves, without concessions).
Glenn Paesano: asked if the bathhouse bid can be awarded for less than the minimum $25K (Mayor Barrella: Attorneys Gannon and Hiering recommended we reject the bids).

Motion by Councilman Gordon to close public participation was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

PUBLIC PARTICIPATION PERIOD ENDED AT 8:53PM.

Clerk Ellsworth added items to Consent Resolution 2. Councilman Mayer asked that items 1/r, 1/s, 1/t and 1/u be considered separately - appreciated extra information provided by Administrator Riehl on OT (1/h) and asked that she continue to provide it.
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Mayer and carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Payment to Brick Utilities for February bulk water usage ($43,020)
b) Payment to State Health Benefits for employee health benefits ($108,102.96)
c) Approval of Alzheimer’s Assoc. S/E application for Memory Walk on 9/29/12,
contingent upon adherence to conditions provided by the Chief of Police
d) PO to Cambria Automotive, Newark, NJ for sanitation truck ($214,795)
e) Payment to Denise Sweet & Assoc. from BOA escrow account ($200)
f) Release of dumpster bond for 119 Forman Ave ($250)
g) Payment to Galvin Law Firm from BOA escrow accounts ($1,065)
h) Approval of Payroll #4 ($281,882.29)
i) Approval of Banner Permit application for OC Columbus Day Parade 9/8-9/24
j) PO to the Rodgers Group for Guardian Tracking software for police ($2100)
k) Authorization to reject all bids on bath house/concession stand lease and to go
out to re-bid
l) Authorization for improvements to River Ave, not to exceed $8,000, after approval of 2012 budget
m) Approval of PPBHS Project Graduation Garage Sale on 6/2/12
n) Award of contract for Boardwalk rehabilitation, from Atlantic to New Jersey Avenues, to Diamond Construction ($179,600)
o) Approval of computer-generated vouchers ($107,511.98)
p) Release performance guarantee – Prospect Point Valero
q) Award of contract to Utility Innovations for sanitary sewer excavation type spot repairs ($91,572)
r) Removed for separate consideration as item 8/A
s) Removed for separate consideration as item 8/B
t) Removed for separate consideration as item 8/C
u) Removed for separate consideration as item 8/D
v) Scheduled payment to PPB Board of Education ($877,547)
w) Establish salary for recreation basketball program director ($500/season)
x) Water/sewer bill adjustments (2 accts)
y) Approval of PPB Little League S/E App for Opening Day Parade on 4/21/12
z) Approval of Chamber of Commerce S/E App for Information Stand on Boardwalk from Memorial Day through Labor Day
CONSENT RESOLUTION 2:
a) Approval of Chamber of Commerce S/E App for ‘Sidewalk Sales’ from 5/17/12 – 5/20/12 and 8/9/12 – 8/11/12
b) Approval of banner permit applications – Chamber of Commerce
c) Appointment of Special Officers Class 1 (19) (Closed Session Item)
d) Authorization to advertise to hire two part-time clerks for administrative
offices (Closed Session Item)
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

RESOLUTION 3 (Acceptance of 2012 Green Communities Grant and authorization for matching funds - $3000) was held for the next meeting.

RESOLUTION 4 (Authorization for Borough Attorney to draft ordinance restricting parking in District 4) was discussed.
Councilman Corbally: trial parking program for District 4 that he brought up in January – to keep rowdy folks out of residential areas 12AM-6AM - would eliminate all but residents parking there during that timeframe, from a few days before Memorial Day to a few days after Labor Day (Councilman Mayer: asked how he rationalized proceeding after parking referendum was defeated) District 4, the most affected, voted in favor of it - approximately 50% of the taxpayers in District 4 are non-voters, in my mind, 75% to 80% of the taxpayers in District 4 would be in favor of this – many landlords do not have parking for their guests in summer - this will free up spots 12AM-2AM – District 4 residents will be able to get spots on the street after midnight and won’t have to deal with rowdiness at 2AM/3AM (Councilman Mayer: this is only District 4, while the question approved was town-wide) Council, at the time, demanded it be an entire town question – by listening to the meeting tapes, you can hear that it was not going to be passed unless the entire town was involved - otherwise it would have been just in District 4 and, possibly, District 3 (Councilman Mayer: rationale that was it will spill into the other districts - you’re moving the problem) was involved with the train station lot when we first started charging there, and many area residents were concerned that people would park in front of their house instead –Council assured them that, if there was a problem, they would be given residential parking in that neighborhood – this is not paid parking - it doesn’t affect beachgoers nor families - it affects quality of life, as do the next two or three resolutions that I’d like Council to draft ordinances for - hopefully, over the next two weeks, we can present suggestions on how to make them as simple and precise as possible - if it spills into District 3, we can fix it (Councilman Mayer: asked about the employees of area businesses) each resident will be entitled to passes – for employees who don’t have passes, don’t live in town or don’t have friends in town, their employers have plenty of free parking that they could provide them from 12 o’clock on – the majority is Jenkinson’s, whose north end lot is empty at night (Councilman Mayer: other employers are opened at midnight - Broadway, Farrell’s) there’s no parking by the Broadway at that time of night, regardless, because the people that live in those bungalows have already taken up the spots that are there - the Broadway has sufficient parking for their customers (Councilman Reid: asked if the plan would work without approval from the County as there are County roads involved) no, because it would push the traffic back to Chicago, Broadway and Arnold and it’s not fair to push the problems just to specific streets - it would have to be contingent upon final approval from the County, but have to start the ball rolling - can’t wait for the County to present this at the end of March (Councilman Reid: understand, but involving the Attorney not only starts the ball rolling, but starts the clock rolling money-wise and that’s a real issue) there’s already a similar Ordinance, already drawn up, for around the Ark - this is simply going to piggy-back that (Councilman Reid: asked if he’d spoken to people who own bungalows, about how many signs would be needed and about the cost of the signs and placards) the ones I spoke with are in favor of it - will actually increase values of their properties - did the study on District 3 and 4, last year, with John Trout and Administrator Riehl, and it came to $30,000 for everything for both districts 3 and 4 – unsure about the number of signs (Mayor Barrella: that’s a question that the Chief and Borough Attorney would ultimately have to resolve - if you go to Spring Lake, there’s a sign on the street right before turning off 71 and that’s the only No Parking sign in Spring Lake - need to look into it; Councilman Reid: Councilman Corbally already has – talked, last year, about how much it would cost - so must know how many signs are needed, it all depends on how long the block is – that will cost an unbelievable amount of money - don’t know about $30,000 - you’re talking about printing placards, with people getting 5 each – not going to stand in the way of this if you move forward - trying to move it forward no matter what the town said - it’s a cost that hasn’t been measured and we’re asking Counsel to draft an ordinance before we get County approval - think we should wait until after your meeting with the County and, after receiving their answer, move on from there) as to these other resolutions, the summer’s coming and we can’t wait – the $30,000 expense would, by my bet, be a net wash if not a positive by pushing people into the municipal lots from 10 o’clock at night as opposed to parking on the street for free – betting that it doesn’t cost the town anything, but rather makes money – however, the expense for the quality of life would be a plus (Councilman Mayer: asked about the impact on the businesses) shouldn’t be any impact on the businesses if the businesses allow their clientele/employees to park in their lots – could also park in the municipal lots which aren’t full at 10:30, 11 o’clock at night (Councilwoman Tooker: have to listen to the residents of District 4 who voted for the parking referendum; Councilman Reid: that was a town-wide question, which is not what this is; Councilman Gordon: questioned validity of the vote as a certain Church disseminated misinformation that swayed the vote in one district - inclined to give this a shot, just like Councilman Reid’s parking plan - set a time limit, evaluate and determine the merits - if there are none, rescind it and move on; Councilman Reid: just asking that we wait for the County; Mayor Barrella: effectively, that gives the County Freeholders and the County organization control over whether or not we can do something with our streets - County could kill it simply by sitting on it - this will certainly put it in front of the County Board of Freeholders and then they’ll have to answer as to why they’re sitting on it).
Attorney Gertner: addressed certain Council concerns - if in fact an ordinance was drafted and passed on first reading, it’s sent to the County engineer who would then have the parameters and at least you’d get some response - much like going to the County Planning Board with a local development, it would move that process.
Councilman Reid: asked if anyone spoken to the Chief about enforcement.
Chief O’Hara: no history of any plan like this on such a large scale so really can’t determine – will have bodies out there between 12 and 6 – will have to check cars for placards and issue summonses accordingly (Councilwoman Tooker: as suggested in the past, wouldn’t it be easier to keep the bar crowd kind of corralled in the parking lot - could concentrate your manpower) if limited to a smaller area, quality of life issues would certainly be easier to handle - if the bar crowd was only moving from the Boardwalk into the Lake lot or into the Ocean Avenue lots, a lot of the issues down the side streets would be eliminated - would still need somebody down those side streets to enforce the parking - not going to eliminate everybody going back into the neighborhoods – will have some renters and residents, but will be cut back (Councilman Lurie: asked when the specials end at night and if the police would have to pick up additional people and if that was in his budget) 3AM with Parking Enforcement ending at 1 AM – would have to pick up a few additional people if going to enforce it through 6 AM - hours beyond 3AM are not calculated in budget (Councilman Reid: not fair that we’re asking these questions - if this was proposed in January, these answers should be forthcoming by March 6th - don’t know how we can move forward without those answers; Mayor Barrella: asked if it was the Chief’s experience that people park after 3 AM to go to bars) No, the bars are closed (Mayor: so anybody parking after 3 AM is likely to be somebody who belongs in that area - if somebody is parked there illegally, because they’re parked beyond 12 without a permit, there are parking enforcement officers out there to 3 AM) Parking’s out until 1, specials are out until 3, but they can write parking tickets, also (Mayor: difference between enforcement all 6 hours, heavy enforcement, versus enforcement the beginning part, which is really the relevant part; Councilman Mayer: asked if the Chief had made a recommendation) no, haven’t seen anything as to what the plan is actually going to entail - nothing in writing yet, so haven’t had an opportunity to review other than what is being said tonight.
Motion by Councilman Corbally, to authorize the Borough Attorney to draft an ordinance outlining a pilot parking program for District 4, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Corbally, Reid …. YEA
Council Members Mayer, Lurie …. NAY

RESOLUTION 5 (Authorization for Borough Attorney to draft ordinance amending hours of alcohol consumption at retail consumption licensed premises) was discussed.
Councilman Corbally: ordinance would address the residents’ quality of life, in this case, in Districts 3 and 4 - had groups/committees meet, starting last August, that didn’t come up with any solutions except to establish deck parking in Little Silver Lot or someplace else - there were no concessions from the nightclub owners to do anything as far as moving up last call or anything else except for us to add more parking to support their businesses - since then the Mayor has met with them as have Council Members Reid, Gordon and Tooker – those meetings still haven’t come up with anything positive – stated as follows:
“The Governing Body has an obligation to ensure public safety and quality of life of those residing and those visiting the Borough. A change in hour of operations of premises licensed to sell alcoholic beverages is required to prevent further deterioration of public safety and quality of life. Curtailing the hours of operation will have that effect.
It is recognized, however, that existing licensees may view this change as having (an) adverse effect on their business model. In order to provide those licensees the ability to mitigate any perceived adverse effect, while still fulfilling its obligation to provide for public safety and quality of life for the residents and visitors, it’s appropriate to provide a mechanism through which licensees may seek to extend their hours of operation, in return for agreeing to a payment to mitigate the cost of providing police and sanitation services occasioned by their choice to extend their period of operation.
Monies remitted to the Borough under this ordinance shall be used to ensure the safety and quality of life of residents and property owners of Point Pleasant Beach, and are used to cover the cost of providing police and sanitation service(s) incurred by the Borough, occasioned by the necessity to provide enhanced services beyond 12AM. Monies shall be reflected as a separate line item within the municipal budget….asking the Borough Attorney to write an ordinance to change/amend 4.4-1, concerning hours of operation – it is to read:
No alcoholic beverages shall be sold, served, delivered or consumed in any licensed premises between the hours of 12AM and 6AM on any day, except hereinafter provided.
An additional amendment at 4.4-5 will allow those holding a Plenary Retail Consumption or Club license to choose, at their option, to request a modification of hours of operation, up to a maximum of 2 hours beyond 12AM. The granting of any modification is conditioned upon the (license holder) agreeing to remit to the Borough the following amounts: based on the Parker House theory in Sea Girt, where the Parker House has an occupancy of 600 people and pays approximately $70,000 per year for police around their surrounding area in a residential area - for an additional 30 minutes it will cost $25 per person of occupancy level and it (graduates), for 2 hours, it would be $100 per person of occupancy level. Going forward, the Borough must be notified by the licensee of their intent to seek a modification no later than December 1st. This is going forward. Any establishment seeking modification can elect to remit funds on a monthly basis, with the first deposit to be received on or before January 15th of the year for which modification is sought. That reasoning is so we can budget it. If the licensees are looking to extend their hours, we’ll know up front, we’ll know how we can man the police force for the later hours. It’s a budget and that’s why we need to know by the previous year and start getting money in January for specials and such. The ordinance shall become effective upon adoption, with the effective date of changes to the hours of operation being May 1st of 2012.
Those seeking to modify their hours of operation must notify the Borough no later than April 15th of 2012 of their intent to do so and the capacity of the licensed area within any establishment. In the year 2012, a remittance shall be made no later than June 1st 2012, however, remittances can be made on a monthly basis, commencing on May 15th 2012. The amounts for 2012 shall be 2/3 of the annual amounts set forth in this ordinance.”
Councilman Gordon: asked if this was good for one year – asked if there was a mechanism for the businesses to option their extended hours for just the summer months, and then roll back their hours in their off-season (No) and if it could be crafted that way, since the ordinance hadn’t been drafted yet - the perception from the business side is, you know, you’re really spanking it to them - at first look it’s a really interesting ‘think outside the box’ approach - just want to be a little flexible, though.
Councilman Mayer: a little surprised, first time I’ve heard of this – asked if Attorney Gertner been involved and if he was in a position to opine as to whether it’s enforceable (Attorney Gertner: nothing in the State ABC statute that says it’s illegal; there’s no question that this Governing Body could just set the hours of operation and say between 12 and 6 there’ll be no sale of alcohol in the Borough of Point Pleasant Beach – with that as a basis, all this does is say the Council can do this and we’re giving you an option, if you think your business model is best served by not having a 12 o’clock closing, we’re giving you the option to modify that) and the question is whether that’s enforceable (Attorney Gertner: you could make it severable, so that if that portion of the Ordinance were not to be enforceable, the hours of operation being cut back would be enforceable, without question - so, as the Mayor and Councilman Corbally indicated, the intent is to at least create a mechanism through which there’s an option to stay open longer, based on the model - difference is that the Parker House and Sea Girt reached that as an accommodation – Council is setting the mechanism here through the Ordinance itself) difference, to me, is that the Parker House wasn’t predicated on occupancy - was predicated on police needs to enforce, to keep peace in the neighborhood - that’s a big difference - don’t know how you extrapolate (Mayor Barrella: asked how to define that - do you include, for example, a portion of the Chief’s salary, a portion of Miss Brodeur’s salary and a portion of Sgt. Michigan’s salary in a supervisory capacity - what about the pension and healthcare costs – will the costs of the specials be computed at $15/hour or at the $75/hour that Mr. Introna has to pay for three specials for his business – asked how you do that) don’t think we should proceed any further - think we’re proceeding backwards.
Councilman Lurie: Asked if this would supersede zoning board approval for a certain amount of hours (Attorney Gertner: Yes, because you could restrict the hours of alcohol sale through the renewal of the license every June 30th, but the hours of operation for the enterprise, absent alcohol, could continue to 1 o’clock, 2 o’clock, whatever the hours are from the Board of Adjustment) 709 has a restriction that the zoning board gave it for liquor (this would supersede that).
Reid: asked if this was just for the Boardwalk or the whole town (Attorney Gertner: all consumption and club licenses) so if an establishment wants to say open past 12 (Councilman Corbally: looking for support for the town resources that we need to provide them; Mayor Barrella: the rationale being, that in order to preserve quality of life, it costs the town additional funds to put police personnel on the street) I was in one of the meetings last week - we should start talking about numbers and mechanisms and put something forward - this is the nuclear bomb - still think that we can talk with these people, work with them and come up with something that works for everybody.
Attorney Gertner: Councilman Corbally basically gave us the preamble and the rational basis for creating the ordinance – asked if he had a rational basis for the numbers, when relating it to occupancy (Councilman Corbally: the numbers came from various expenses from the police department, last year, that were in the 4 to $500,000 range for the Boardwalk) you relate that to occupancy and that’s the rationale (Councilman Corbally: just for the Boardwalk and then we were able to extrapolate that for all the bars).
Councilman Reid: So this started for District 4, because it was the Boardwalk issues for quality of life - now we’re expanding it to all the businesses in town (Mayor Barrella: cannot just restrict the hours of operation by ordinance and affect one licensee and not affect all licensees – as to 709, how long does it actually stay open for the sale of alcohol as it’s primarily a restaurant - would a 12 o’clock shut down on the sale of alcohol really adversely affect them or Frankie’s - those are the questions, and that’s why there’s a modification provision - to allow them, if they believe that their business model is best served by extending, to extend but also to be responsible and good neighbors - at that meeting, I asked, you know, because you were there, about the request in “Rice Krispies” for last call be made earlier - the response was ‘Absolutely, we’re not interested’ - that’s been the response for the last year or so- since last July, those meetings came down to ‘Well, we need more parking and that’ll solve the problem’ - not going to solve the problem, because that’s not going to solve the problem of enforcement) in a meeting one said last call’s at 1:15 and the other’s at 1:30 (Mayor Barrella: 12:30 and 12:15 would be good and their answer was absolutely not - not willing to voluntarily cooperate) nothing like government telling you how to run your business - kind of overstepped our bounds - we can talk about things, we can negotiate and we can come up with a number that works for everybody - this ordinance hurts the whole industry (Mayor: nothing stops any Governing Body member from moving forward with discussion – this is for the Borough Attorney to draft the ordinance - first reading would be March 20th and public hearing/adoption would be April 3rd - until it’s adopted, anything/everything’s on the table) before I showed up here tonight, I hadn’t seen anything and thought this was, like we talked about before, using the Parker House mechanism for the bars on the Boardwalk - now, we’re affecting businesses throughout town – this is not Spring Lake, it’s Point Pleasant Beach – there are great restaurants and bars here - people come here and people, who live in town, go there after 12 o’clock - now, we’re telling people you can’t do that (Mayor: not saying that, as a Council - business owner would be making that business decision) because we’re going to hold them up, say give us this money so you can stay open later (Mayor: using Frankie’s, with an occupancy of 150 for example, if they were to opt for a full additional two hours, it would be $15,000 for the course of a year or $1250 a month) that’s unbelievable (Mayor: that’s a business decision - what’s unbelievable is that the taxpayers should absorb all these costs, instead, as well as putting up with all the grief and the quality of life problems that occur).
Councilman Mayer: suggested going in an alternate direction, due to concern that Council can’t do what’s currently being suggested - problem is fairly apparent and it’s Jenkinsons’ and Martell’s bar crowd coming into the neighborhoods, down Parkway and Central – suggested that Council impose financial conditions on the renewal of those two bars’ licenses to pay for the security that’s necessary to get their patrons out of the bars and home to their rentals – suggested that Council have Attorney Gertner research and provide Council with information, within the next week or 10 days, regarding the parameters for what financial restrictions can be imposed on a liquor license renewal for the cost of getting their patrons out of the door and to their cars quietly without disturbing the neighborhood - don’t want it twisted to a portion of my salary, just the direct cost of the police for getting those people home – that is the Parker House model – what is being proposed is not the Parker House model - Parker House didn’t multiply occupancy by some number to sell extra hours (Mayor Barrella: understand what you’re saying, but from a statutory construction point of view, if you look at the Parker House model and the way you’re advocating it, that’s more of a tax on those establishments than what is being proposed here - this is as far away from a tax as possible since it’s optional - more concerned about the validity of what you’re proposing than of the validity of what’s here – reiterated that there is nothing that stops any member of Council from gathering information and approaching anybody that they want to approach to come up with a solution - the right solution, however, is not to be still talking about this in May so we’re not in a position to do anything when problems begin again in June and July - Memorial Day is coming, something has to be in place by then – reiterated that this is only an authorization to draft, not an approval, not a second reading – an authorization to draft does not stop people from talking).
Councilman Gordon: proponent of thinking outside the box and like the opportunity to try new things, just like Councilman Corbally’s parking plan and Councilman Reid’s parking plan – if Council continually flip-flops, the next thing you know the summer will be here - drawing a line in the sand, from which to deviate – have to start somewhere, though - craft it this way and can negotiate - maybe shift the closing time to 12:30 or 1 o’clock – let’s start here and craft something, maybe even in conjunction with the businesses and have a mutually great solution that is going to solve some of our quality of life issues - in favor of moving forward just so we can start the conversation (Councilman Reid: we’ve got to do something in District 4 with the Boardwalk issues, with the people coming back to their cars - that’s why we were talking about a parking plan – but all of a sudden we’re talking about slapping everyone’s wrists who has a business here in Point Pleasant Beach).
Mayor Barrella: asked how many establishments were outside of District 4 (Councilman Reid: Frankie’s, Europa South, the Ark – let’s talk about Farrell’s and the Broadway) they’re all restaurants (Councilman Reid: the Patio is bringing people to this town and you want to close it down at 12 o’clock) No, I don’t want to close it down at 12 o’clock, want to give those business the option of evaluating their business model and making a decision - this gives them an opportunity to make their own business decision (Councilman Reid: complained that proponents of this ordinance are being unrealistic as they are people who don’t own businesses and never will – that’s a major problem as you people do not understand the bottom line) had my own business for many years in addition to working for people - so, I do understand the bottom line.
Councilwoman Tooker: asked how many of the businesses have a lot of people in them at 2 in the morning (Councilman Reid: the Chamber of Commerce will go absolutely nuts about this; Mayor Barrella: we might get a response from some people who have ignored us for the last year).
Motion by Councilman Corbally, to authorize Borough Counsel to draft an ordinance amending hours of alcohol consumption at club/retail consumption licensed premises and to investigate the different financial models, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker*, Gordon, Mayer, Corbally …. YEA
Council Members Lurie, Reid …. NAY
*Councilwoman Tooker: Council can tweak this - maybe make it 12:30 - maybe Frankie’s only wants an hour at $7500, which isn’t that prohibitive when you’re talking about liquor sales – only a handful of people, here and there, in Frankie’s after 1:30 – this will get the conversation moving.

RESOLUTION 6 (Authorization for Borough Attorney to review and revise special event and public assembly ordinances if necessary) was discussed.
Councilman Gordon: proposed a revision to the language – dislike the term “Special Event” - gives too much subjectivity to what is constituted a Special Event - propose language be, either “Event” or “Police Augmented Event” – difference as to whether an event will cost the town money - also need to factor in garbage collection and things of that nature - so possibly call it a “Municipal Augmented Event.”
Councilwoman Tooker: suggested Councilman Mayer become involved as he had several good ideas, about this topic, over the last couple months.
Councilman Mayer: two ordinances involved - the Public Assembly Ordinance and the Special Event Ordinance - the Special Event ordinance clearly needs to be amended - it’s very broad and indefinite – wouldn’t go along with “Police Augmented” or “Public Service Augmented” – fireworks was the wrong place to start, although I give Councilman Corbally credit for starting the discussion – this is a tourist town, and that’s one of the reasons you’ll have a hard time closing the bars at 12 o’clock, or selling opening until 2 – need to get back to being a family orientated tourist attraction – may not be politically popular to praise the Boardwalk, but that is one of the engines that’s feeding this town - just went through a major recession in this country, and you wouldn’t know it by the number of business that came into this town, because they’re doing so well – want to develop the concept that if it’s a family-orientated event, if it’s the fireworks, Easter egg hunt or Father Alphonse concerts and it brings that kind of clientele to the town, the hotels, the restaurants, the Boardwalk, we encourage it - it does cost us some municipal services, but we pick it up in parking and we pick it up in the health of the town - but we also need to know these events are going on - to have notice that there’ll be crowds coming in – because the police need to know it (Councilman Corbally: problem is that you have all these businesses downtown that also have events that help all the businesses downtown and they fill out applications and pay for services – some of those were the four line items that you pulled out tonight - in fairness, it isn’t Father Alphonse anymore – it’s a profit deal – why should the taxpayers pay for 10 specials out there directing traffic for five hours when those taxpayers may not want that event - why should that establishment get a free ride when other businesses in town that bring people into family-oriented events, have to pay - we’re charging for Christmas and Santa Claus; Councilman Gordon: perhaps, the solution involves the re-writing of the ordinance – these extra funds are helping to offset some of these costs – maybe that’ll make it a little more palatable to the businesses - power of the Council to craft something in which we can find some sort of balance) expressed concern with the cost of authorizing the Attorney to draft without giving him some direction.
Mayor Barrella: cheapest thing to do is amend the bar hours - change 2 to 12, it’s done - if you’re worried about saving costs, there you go (Councilman Mayer: (sarcastically) that should help in the parking revenues and the fines; Councilman Gordon: that doesn’t solve anything – Council has the ability to craft something that can balance all these things out) interesting what Councilman Mayer said “that should help with the fines” - there is a real question – have to decide what’s important - people behaving badly produces court revenue, but, in order to generate that court revenue, we have to have a lot of police on the street - putting those extra police on the street costs a lot of money - put a lot of police on the street and people recognize that coming to Point Pleasant Beach, and behaving badly, will net you some time, perhaps, in jail, and spending some money on fines - so, they stop behaving badly, court revenue goes down, and, then, we can’t afford to pay for the special officers or the regular officers and what you end up with is budgets that don’t work – then you cut back on the specials and on police officers and then it becomes rowdy again - it’s just a dog chasing its tail - this is an effort to put an end to the dog chasing its tail - nobody is trying to close anybody’s business down - if that were the intent, would just say, “Close at 12” end of story.
Councilman Gordon: we’re talking about Special Events, now, and my only point was that it could be crafted accordingly with the other ordinance being contemplated.
Councilwoman Tooker: we have to deal with this - it’s been festering - need to make it fair for everybody and define these things – give them some parameters - it’ll never be done before the summer if we don’t start working on it.
Motion by Councilman Corbally, to authorize the Borough attorney to tighten up what Councilman Mayer said needs to be tightened up in the Special Event ordinance and to make it applicable to all so that it cannot be easily challenged, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon*, Mayer, Corbally, Lurie, Reid …. YEA
*Councilman Gordon: yes with reservations - agree with Bill Mayer - need to factor in those considerations that are for the greater good of the town.
Attorney Gertner: goes to the global point of this balance which you see in communities - to something that is dear to me with my planning background - if you look at the ordinances crafted in Boston, Baltimore, the Inner Harbor, the new port in Seattle and the downtown mall in Charlottsville - those sorts of ordinances that deal with, broadly speaking, Special Events – although these examples are big cities, PPB is not the first place to struggle with the balance of trying to create a place that’s family-oriented, that addresses the need to pay for bringing masses of people in on a tax base - unfortunately, New Jersey exacerbates that problem because it relies so heavily on property taxes – assured Council that there is a balance out there, not reinventing the wheel - should be very proud of yourselves, because you are articulating your reasons - the beauty of all three discussions, and hopefully the fourth, is that Council is laying out a vision for what they want to see - are trying their best, whether you agree or disagree on individual points, to lay out that vision through the legislative process - have an idea where you’re going and will proceed that way.

RESOLUTION 7 (Authorize Borough Attorney to investigate State violation of equal protection clause in the State Constitution, including bringing suit against the State, due to discrimination suffered by our residents and taxpayers compared to those in New Jersey's other municipalities that have local option tax revenues available to them) was discussed.
Mayor Barrella: Councilman Mayer and I had this discussion this afternoon - we can’t force Trenton to let us do something, but we might be able to take it away from places like Newark, Atlantic City and Elizabeth because we are being discriminated against as citizens in PPB - if successful in doing that, then the Governor and the Legislature will have to contend with Elizabeth’s Mayor Bollwage, Newark’s Mayor Booker and Atlantic City’s Mayor Langford and explain why they put their revenues at risk because they were unwilling to help all of New Jersey’s municipalities – while we can’t force them to give it to us, we can possibly force the courts to address the issue and deny what is a violation of equal protection (Councilman Mayer: asked if Attorney Gertner had any time to evaluate this suggestion and how long it would take him to evaluate; Attorney Gertner: given the other three, and to be fair because this entails research, not for the next Council meeting, but about a month to at least get something; Councilman Reid: complained that the Attorney didn’t know how much this was going to cost – asked where he would take this lawsuit).
Attorney Gertner: to answer it, on a slight curve, the initial research could be directed to ascertain if it’s been done before, or what municipalities have challenged state action – that kind of process would lead into a full-blown brief – that’s the direction to go, speaking directly about myself – am cognizant of the risk-reward, in terms of how much money Council would spend, versus what you’ll find out - there’s a clear direction from every member of the Governing Body - not looking to waste money, not looking to spend a great amount of dollars to try to get you an answer (Councilman Gordon: asked if there were any other municipalities who might partner with us – strength in numbers and could amortize the cost over a number of municipalities; Mayor Barrella: there might very well be) one of the things, if authorized with a resolution, that I would’ve done, regardless, is reach out immediately to the League and say “now that we’ve been authorized to do this, what other municipalities that are similarly situated, might want to pay into the research and/or join in the suit?” - thhat occurred, for instance, regarding Green Acres in relation to who can charge and not charge - suit was brought out of the Rutgers Newark Environmental Project or something - they went out and looked for towns to help co-sponsor a lawsuit against other municipalities, who were restricting Green Acres, so there’s avenues to try to do that.
Councilman Reid: asked the Mayor what former Attorney Gannon’s answer was when, last year, he was asked to look into suing the State (Mayor Barrella: never got an answer, because I don’t think he ever looked into it – but the issue is where and Tom questioned whether or not it had to go into Federal court - not necessarily sure it does - think it’s a state court action - also think it’s a motion for summary judgment, which can be decided on the papers; Councilman Mayer: asked about an appeal; Mayor: you’re worried about an appeal, assuming you win – you would be winning, potentially, the right to produce millions of dollars a year of revenue that will lower property taxes; Councilman Mayer: you win nothing - you invalidate laws that don’t affect us and then have to convince the Legislature that, when reversing your win, they include all towns - it’s a remote on top of remote on top of remote, and it’s expenses on top of expenses on top of expenses) need to get this straight - we’re suing the state because the state has given a program, like local options taxes (Mayor Barrella: to Newark - Newark can levy a tax on a private parking lot) to Newark, Camden, and what other (Mayor: Newark, Elizabeth and Atlantic City can levy a parking tax, but we can’t (Attorney Gertner: also Wildwood; Mayor: we get back $3,400 when we send tens of millions of dollars to the State - I’m sorry, but at some point in time, you’ve got to stand up for PPBeach and do what’s right even if it costs you a couple bucks – realize it’s a tough budget year, but I’ve looked at the issue - not an easy issue, but a winnable issue, in my opinion based upon my background experience; Councilman Mayer: under the equal protection argument) so PPB will tell the State that we’re being treated unfairly, and so, they should stop everything they are doing for those cities (Mayor Barrella: no - basically, one of the first questions I think we need answered but I’m not sure if this is really the answer, is to support a lawsuit - if there’s a resident of Point Pleasant Beach, who parks in Newark and pays that parking tax, maybe they’re the litigant, and we’re file and amicus brief, because that’s where the discrimination is, being a taxpayer here and subsidizing people in Newark - am tired of small towns having to carry the freight for the big cities, and then being told by the Governor and the Legislature that we’re the problem - am tired of being told that we’re the problem, when I know we are not the problem) definitely understand that – have heard you speaking about the local options tax, and now you want to sue the State - just don’t understand your thinking.
Councilman Corbally: asked about Council authorizing the Borough Attorney to research, to speak with the League of Municipalities and to see if there’s other people that would be interested in joining us (Councilman Reid: that would be great and the Mayor has a great relationship with the League he could pick up the phone and ask if it’s been done before - if it has, we can talk about it at the next meeting - but it’s ridiculous asking our counsel to investigate, which would take about 2 weeks to do because he’s busy doing everything else, and he will come back and tell us it hasn’t been done before or it’s going to cost $200,000 to sue the state; Councilman Lurie: agreed - don’t know why Counsel needs to contact the League of Municipalities when the Mayor is on the board there; Mayor Barrella: I would not contact the League of Municipalities as it represents 565 municipalities, including Newark, Elizabeth, and Atlantic City - they have a fiduciary obligation not to prefer one over another - I would go to places like Lebanon, Lake Como and other small towns – would to Jackson, with Great Adventure, and see if they were interested in joining on because they, too, suffer from this discrimination; Councilman Reid: suggested that the Mayor talk to them, build grass roots, get all these towns together, and let’s go get ‘em; Mayor Barrella: would like to contact them being forearmed with investigation by Borough Attorney who agrees that there is a cause of action here - that’s a preliminary step, and that’s really what this is asking - not asking for us to bring suit but to investigate whether or not we should take that next step; Councilman Mayer: argued that the resolution says, “including bringing suit.”; Mayor Barrella: asked if wanted to remove the “including bringing suit” - but the fact of the matter is, that becomes part of dealing with the State and the Legislature and selling other people to getting on board - this assault on the small towns has got to stop; Councilman Mayer: asked about limiting the scope of Mr. Gertner’s preliminary investigation, to 10 hours; Mayor Barrella and Attorney Gertner: had no objection.
Councilman Lurie: would like to see the Attorney come back with a proposal (Attorney Gertner: that would be difficult because you’d have to research the basis of the proposal first – have no problem with limiting the hours - think it will come in under that and give you some answer) budget’s crazy with a tax increase - issu


Published April04, 2012 | Council Minutes | 1341


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