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March 20, 2012

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31 PM with Mayor Barrella and Council Members Tooker, Gordon, Mayer, Corbally and Reid present. Councilman Lurie arrived at 6:32 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilwoman Tooker, to enter closed session to review closed session minutes and discuss attorney/client privilege and personnel matters, 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 6:33PM and ended at 7:15PM.

Mayor Barrella called the regular meeting to order at 7:18PM. 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 the minutes of the March 6, 2012 Council Meeting was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-09 (Composition of Police Department) was considered on second reading. Public hearing was held with no member of the public wishing to be heard.
Motion by Councilman Gordon to close the public hearing and adopt Ordinance
2012-09 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Motion by Councilman Gordon to appoint Sgt. Joseph Michigan to the position of Police Lieutenant was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Councilman Lurie….Abstain

Municipal Clerk Ellsworth administered the Oath of Office to Lt. Joseph Michigan.

Motion by Councilman Gordon to appoint Officer Gerald Quaglia to the position of Police Sergeant was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Municipal Clerk Ellsworth administered the Oath of Office to Sgt. Gerald Quaglia.

Mayor Barrella called a recess at 7:25PM. Meeting was reconvened at 7:30 PM with Mayor Barrella and Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid present.

Engineer Savacool: contractor is substantially complete with Little League field – there is a punch list outstanding – been some concern about basins – when project was started, they were considered the least costly method of meeting State storm water management requirements – will function as designed, once complete – slated for completion March 30th (Councilman Gordon: asked for assurance that the contractor will work after March 30th) will monitor at that time – siltation in bottom of the basins has halted infiltration – basins have been pumped out, so not impacted by ground water table – will be a 2-year maintenance bond, 10% of the job, upon completion (Councilman Gordon: a safety issue – there is no assurance and there is moisture is the south basin when it isn’t raining – water table may be playing into that – quality of life issue if these become mosquito breeding grounds during the rainy season – not looking to spend additional money, but will for safety) can come up with alternatives – recommended staying the course for now – wouldn’t want to do work during Little League season (Councilman Corbally: agreed with Councilman Gordon – someone could fall in ditch – asked if anyone else has them in a park) basins are fairly common – when complete, the side slopes and bottom will be grass (Councilman Corbally: will look like a grass bunker; Councilman Reid: asked if slats can be put on the 6-ft. fences by the houses on St. Louis) can look into cost – contractor has yet to put slats behind the backstops – has spoken to neighbors about possible screening on the fence (Councilman Reid: asked Mr. Savacool to continue conversation with neighbors; Councilman Gordon: wanted neighbors’ considerations taken into account; Councilman Lurie: basin use is common engineering practice, based on NJ DEP storm water regulations – must wait until the basins stabilize and bottoms infiltrate to see if they work) basins were pumped out, in order to replace the finer grain soil at the bottom (Councilman Gordon: asked if the clay layer had been broken through) fields are graded properly – infields are filled with a clay which retains water – will have to be maintained (Councilman Lurie: asked if lab sample would be given, once sand is in, showing that it meets the criteria) can see to it (Mayor Barrella – asked if basins normally take up so much room; Councilman Lurie:: actually on the small-side – sized for smaller storms – can be found in nearby parks, like Beaver Dam – options include infiltration basin, detention basin or wet pond).
Engineer Savacool: was asked what can be done to alleviate flooding around Silver Lake – drafted a letter for consideration – dredging won’t affect drainage problems, which are tidally influenced – provided an estimate for 2-ft. removal of area sediment – was discussion about installing a pump station at the lake or street-end, or using old Central Avenue station – cheaper alternative is pump station at the lake, pumping to Lake Louise – Central Avenue station has been out of service since 1974 – almost 75 years old – would have to be re-installed (Councilman Gordon: asked for the best option, as well as the cheapest) dredging is a water quality and aesthetic upgrade – pump station installation would have other benefit – presented an Elevation Map – anything above Elevation 5 would inundate Lake Louise bulkheads, so a pump station would be ineffective –would require valve structure to cut off inflow from Lake Louise to Little Silver Lake – pump station would pump water back to Lake Louise – need to determine rate of pumping – stations can be large and run $500K and up – Little Silver connection to Lake Louise, through pumps and inlets, provides relief during flooding (Councilman Gordon: asked if FEMA money is available) based on cost-benefit analysis – FEMA would be interested in funding if the project would eliminate some repetitive losses – PPB doesn’t have a severe repetitive loss problem, but a lot of nuisance flooding (Mayor Barrella: asked if EIT funding is available) yes – 50/50 split at market rate and 0% (Councilman Mayer: should sit with Building & Grounds; Mayer Barrella: Building & Grounds and Finance chairs and Councilman Lurie should meet with Mr. Savacool to form a plan – talking about substantial outlay; Councilman Mayer: asked for elaboration on the Central Avenue pump station) before OCUA took over sewage pumping and treatment, sewage flowed into a tank at the foot of Central Avenue – solid settled and waste was pumped into the ocean – after 1974, plant was abandoned and is in the same state – it’s about 20-ft. deep with an ocean outfall, constructed around 1937 – not sure it is still operational – not the most cost effective option (Councilman Mayer: asked what the public benefit of dredging would be) water quality and shoreline restoration (Councilman Lurie: asked how many houses in Elevation 4 area have been brought up to FEMA Elevation of 11) will check (Councilman Lurie: asked how many, in the last 10 years, have been raised above the flood elevation) many (Councilman Lurie: cost-benefit analysis would be much smaller, because houses are not getting damaged, just streets are flooding; Councilman Gordon: at the expense of homeowner; Councilman Lurie: all PPB residents know they are in a flood zone – probably looking at about $5M for a pump station (Councilman Mayer: asked how often the water level hits 5) not often – map illustrates that – above Elevation 5, no pump station would help (Mayor Barrella: appointed Councilmen Lurie, Corbally and Mayer to an ad hoc committee to investigate).

Mayor Barrella: asked that any questions for Mr. Savacool be held until the beginning of the public participation period.

COMMITTEE REPORTS:

Councilman Reid: No report.

Councilman Lurie: to date, 81 street lights have been repaired and put back into operation – will do another survey in a month to see if any more are out.

Councilman Corbally: asked Chief O’Hara to look at the film permit ordinance – Snookie and The Situation (from MTV’s “Jersey Shore”) bought properties in Brielle and Spring Lake and just signed new contracts – need to know how to react; a few local realtors, without contacting him, worked with the NJ Association of Realtors (NJAR) to create mass-mailing postcard filled with vague and misleading information about the proposed pilot parking program – spoke with some District 4 landlords – they are happy with the program – would add to their property values – has reached out to the Realtors’ lawyer – comments were made in an e-mail that outsiders are making decisions – he spent 53 summers in District 4 – parking has always been an issue – doesn't mind parking problems and people – the Boardwalk and its crowd have changed – it’s ten-fold – 500,000 – 600,000 people coming off the Boardwalk now – parking plan would give some quality of life back to District 4 residents after 12 AM – club-goers could park in Jenkinson’s lots – if Jenkinson’s did valet at night, as they do during the day, most of their customers would probably fit – Martell’s could put their customers in the lots they rent – Little Silver lot and the other metered spots are also available for the bar crowd – Realtors complained about Code Enforcement Task Force checking on home occupancy after police respond to misbehaving or noise – disconcerting as a resident and neighbor – that’s how we stop Animal Houses – he is a Realtor who rents to groups – he and his partners, who are residents of District 4 want this – if renters don't follow rules, don't care if they come back – if they don’t come back, families will – has no idea how the NJAR got involved – won’t be here forever, but loves PPB, and has 2 years left to leave it with some semblance of how it was 15 years ago – his customers don’t want to buy near the Boardwalk – when revaluation is done in 2-3 years, taxes will go up substantially in the other 3 districts, if District 4 continues to slide – while the number of visitors has soared, full-time workforce has shrunk from 83 to 66 over the last 13 years – we do not have a bloated work force – it is not a spending problem – believes NJAR and Chamber of Commerce was sold a bill of goods that will continue to hurt property values and residents – lives here and won’t roll over because people with money or power tell him to – should be embarrassed by that postcard.

Councilman Mayer: Finance Committee met March 15th – budget is being introduced with public hearing/adoption scheduled for April 17th – suggested a regular time for committee to meet, Tuesday before Council meeting.

Councilman Gordon: walked Pleasure Park with Recreation Committee chair to identify areas to be addressed for aesthetic, maintenance or safety reasons – must take responsibility for town property, even though many problems are caused by vandalism and overuse – must maintain equipment to ensure safety – applauded the committee chair – lot of positive things coming, including senior events and increased family activities; tipped hat to new selections for promotion – confident and comforted that PPB is fortunate to have the quality of police officers it has – not a bad choice among those interviewed – police will be out in force in summer – still have to run town in the off-season – been a number of incidents in the last two weeks – Toms River resident was apprehended here after an assault on an individual, who is currently in critical condition – officers are responding to that type of incident, unfortunately, all the time.

Councilwoman Tooker: waived report, but echoed Councilman Corbally’s sentiments – a lifelong resident of District 4 for 46 years – not against anyone, but it’s gotten bad – need to make it better – doesn't understand the Realtor postcard – it’s good for landlords, tenants and property values – hopes there can be respectful dialogue on all of these issues.

Mayor Barrella: No report.

Administrator Riehl: No report.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and
Resolutions)) OPENED AT 8:04PM

Jim Ireland, Point Pleasant Beach (PPB): bought house in 1985 – became waterfront this winter, with addition of drainage ditch (at the Little League field) 20 feet from his property – also looks like a prison setting and an oil refinery – no one on his street received formal notice of the project – they’re all upset – he coached and was involved with the field for years, but this is way overdone – asked what happened to access along the fence by the tracks – kids will jump the tracks and cross Rte. 35 where there is no light – drainage is no better – constant standing water behind his home since the ditch was dug – asked if cushions on the top of the fence must be yellow – if town buys the paint, he’ll paint them white – project is beyond the scope and scale of the Norman Rockwell painting they used to have (Engineer Savacool: asked for clarification of Rte. 35 crossing) macadam walkway no longer there (Mr. Savacool: it’s standard for cushions to be a bright color, so kids don’t run into the fence) fence is 6-ft.-high – not many kids would hit their heads – asked if the field would be unlocked at night, if a kid wanted to kick a soccer ball (Mr. Savacool: it’s locked now, so the contractor can finish and sod can take root – once complete, that would be a discussion between the Administrator, Little League and Open Space) asked about the dugouts (Mr. Savacool: dugouts were bid as an alternate – sized the interior space for future construction – Little League will try to raise money to insert them later) when he was involved in Little League, they didn’t ask for money – they did fundraisers – entire Open Space budget has been gutted for Little League – other sports deserve recognition (Mayor Barrella: gates must and will be left open) has a degree in Landscape Architecture – offered his time (Mayor Barrella: invited further questions, which would be forwarded to Mr. Savacool).
Vince Castin, PPB: agrees with Mr. Ireland – spoke about drainage – can't afford to see what happens – water doesn’t go down – has never seen a field like this, and has played and coached for many years – not going to work where there is a plethora of children; Silver Lake is about a foot deep – must dredge it or it will fill up in a few years – the $500K Open Space money could have been used for a pump at the lake, which serves thousands, rather than for a Little League field, which serves 30 kids – urged Council to move on the dredge.
Marilyn Burke, PPB: in concert with Councilman Gordon about Little League field and concern for children’s safety – asked who drew the plans and who approved - asked if Mr. Savacool considered that a child could get hurt in a ditch and town could be sued (doesn’t feel the basins are a safety issue, as designed) asked, if something happened, if he or PPB would be sued (everyone would be sued) all have something to lose (Mayor Barrella: there are industry and engineering standards – sounds like this is not an uncommon way to handle storm water in a park; Councilman Gordon: may be an accepted standard, but does not preclude that there is a safety issue – of course it wasn’t designed to be unsafe, but must re-evaluate the situation and correct it) doesn’t want Council and residents to have to pick up the tab.
John Szafranski, PPB: asked how many Little League fields were designed (4) and if there is room in the outfield for soccer or softball (no) - shouldn’t just be a Little League field, but a sports field – asked why that wasn’t considered - youngsters are always running away from their parents, and could easily fall into a ditch – Little League is only about 50 kids for 3-4 months – asked what happens the rest of the time, in terms of maintenance, etc. – no planning on this– too much was spent, and too much taken from Open Space, which could have been used on other things.
Dave Cavagnaro: PPB: asked if pumps would be more effective pushing from Little Silver Lake or pulling into Lake Louise (Engineer Savacool: if pump station was built at Little Silver Lake, around 1,500 feet of new discharge pipe would be required under Boston Avenue to Lake Louise; if pump station was built at Boston Avenue, existing pump could be tapped, pulling water out of the lake, with a short discharge to Lake Louise, but there would be an aesthetic issue, as it’s a more public area) when Mr. Lacey was Administrator, there was a proposal to pump directly to the pumping station at Route 88 and Ocean Avenue, but although there was additional capacity, they weren’t releasing any of it to the town – asked if that has changed (Mr. Savacool: doesn’t believe so – would be concerned that, if pumping water from one station to another, it would have to be pumped again – in an extreme situation, it wouldn’t meet our needs – also, it would require about ½ mile of expensive infrastructure between Little Silver Lake and Sea Avenue) asked if a breach of the Lake Louise walls at 5-6 feet would only be in the event of a major storm, like a hurricane (Mr. Savacool: more likely a nor’easter – so, the water wouldn’t be flowing over the bulkheads and inundate the area we’re trying to serve).

Clerk Ellsworth corrected and added agenda items.

Dave Cavagnaro, PPB: asked if item 1/m was for approval of the Farmer’s Market in the train lot or the Borden’s lot (submitted for the train lot) reiterated his concern that it should be in the free Borden’s lot instead; asked about item 2, Green Communities grant, and how the information about hazardous trees will be used (Councilman Corbally: would like to make it part of the approval that it is for informational purposes only – owners would be notified of issues with their trees, but not mandated to do something about it) asked if there was any thought about addressing town owned properties – there are a lot of unhealthy trees in Pleasure Park (Councilman Corbally: our properties will all be inventoried and we can do more with our own – entire county was done for $16K – town maximum is $6K, $3K from the grant and $3K matching from PPB – Shade Tree Commission is hoping we can do it for less than that).
Councilman Gordon: asked what item 1/j is for (to replace emergency warning siren, damaged in Hurricane Irene – will get insurance money back to cover it) Councilmen Gordon and Reid: asked if it’s really needed (Administrator Riehl: would defer to OEM Coordinator Grace) would like some questions answered about that – consensus was to hold this item.
John Szafranski, PPB: asked about 1/p (Mayor Barrella: backed by League of Municipalities - would allow for ongoing reassessments to avoid tax appeals; Councilman Mayer: vague resolution, asking legislation to give assessor additional powers to readjust assessments – not specific) asked about 1/u (Mayor Barrella: applying for FEMA money to repair a stretch of Boardwalk damaged by Hurricane Irene – bid specs provide June 5th completion date, but Engineer Savacool thinks it will be done before Memorial Day; Administrator Riehl: will be addressed at pre-construction meeting on Friday – completion date is on or before June 5th – Risden’s and condos were notified).
Ben Dispoto, PPB: complained that the microphone system doesn’t work (Clerk Ellsworth: have had people come in to fix it several times – the company that installed it has gone out of business) asked about 1/q (Councilman Corbally: another League of Municipalities item; Councilman Reid: right now, the state collects our utilities tax and keeps it – they used to give it to the towns, now they keep it and make money on it, and only give us a little at a time – this is urging approval of legislation to get it back; Councilman Mayer: original legislation said that it was to go to the municipalities) asked if approximately $550K budget line item has anything to do with this (Mayor Barrella: yes – the $571K is all energy tax receipts – that’s what we’ve gotten the last 3 years – we’ve lost $150 - 200K since 2009 – set amount for the last 3 years – if they change it, they forfeit their right to the corporate business tax).
Marilyn Burke, PPB: asked if new salaries in 1/h are reflected in budget (yes)- asked what we plan to gain from 1/n (Chief O'Hara: another investigative tool, at no cost – have full access to all Car Fax computers to look up VIN and plate numbers, and research vehicle history, as part of investigation – in exchange, we give Car Fax copies of accident reports, so the public can obtain copies online) asked why Ordinance 2012-09 was not included with the others for public hearing (Mayor Barrella: in order to make promotions tonight, needed to refine the structure of the Police Department).
Vincent Storino, PPB: speaking as the Ex-Chief of PPB Fire Department and lifetime member of Ocean Fire Company #2 – based on experience, the emergency siren is needed – he doesn’t carry a pager on him everyday and it take 10-15 minutes to go through by cell phone – a couple of nights ago, were called into Bay Head as mutual aid for a structure fire – was in his child’s bedroom – if we had the siren, he would have known there was a fire – 10 or 15 years ago, siren was turned off after 10 o’clock, unless it was a structure fire or life hazard situation – we absolutely need an emergency siren – the electronic emergency siren at the First Aid building by the Foodtown parking lot is the one for fire and first aid – the other two are on each fire company – believes one can do it all – recently buried Charlie Malloy, who was in the Fire Company for about 55 years and couldn’t sound the traditional last alarm when passing by the firehouse.
Deputy OEM Coordinator Grace: siren has been in place for 100 years – damaged during Hurricane Irene – got money to replace it from insurance claim (Mayor Barrella: so we have to replace it or give the money back) yes – we absolutely need it (consensus to add 1/j back to the agenda).
Vince Castin, PPB: asked if the water/sewer adjustment in item 1/o has to do with the situation discussed (Administrator Riehl: no; Councilman Mayer: asked for an explanation; Administrator Riehl: they knocked down the house and requested adjustment from $218 to $0 - recommends carrying the water and waiving the sewerage portion.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and
Resolutions) ENDED AT 8:52PM.

Councilman Corbally: requested that item 1/m be carved out (will be Resolution 3).
Councilman Mayer: asked for an explanation of OT on payrolls (Administrator Riehl: broken down by department – it’s Administrative & Executive, Assessor, Tax, Public Works, Police, Water/Sewer – chart shows regular earnings, OT hours and earnings, and applicable taxes, which equal the total payroll to be approved – asked for an explanation on OT going forward – why it was incurred; asked if 1/s was Ms. Riehl’s recommendation (yes).
Mayor Barrella: clarified that the water/sewer bill adjustments are consistent with Administrator Riehl’s recommendations.

Motion by Councilman Corbally, to approve items listed below, was seconded by Councilman Gordon and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Emergency Appropriation to 2012 Temporary Budget
b) Payments to Pedroni Fuel Company for gasoline & diesel fuel ($26,161.23)
c) Authorization for Ocean Fire Co #1 Ladies Aux to charge fees to park in lot adjacent to their
building on several dates during the summer season
d) Approval of ABC Social Affairs permit for the Animal Welfare Committee on 5/10/12
e) Approval of Payroll #4 ($281,882.29) and Payroll #5 ($221,890.11)
f) P O to Allcomm Technologies for repair to PD Quantar Repeaters ($3810)
g) Approval of computer-generated vouchers in ($57,513.98)
h) Establish 2012 police salaries in accordance with union agreement, contingent upon passage of
Ordinance 2012-10
i) Approval of Amusement Game license applications (2)
j) P O to Baycomm, Inc for replacement of emergency warning siren ($7619)
k) Approval of towing agreement for 2012-2013
l) Payments to T&M Associates from escrow accounts ($1690.47)
m) HELD for separate consideration(Resolution 3
n) Authorize use of Carfax services for the provision of accident reports (No Cost)
o) W/S Bill adjustment (1 account)
p) Urge Legislature to permit property tax assessment adjustments and expand the role of the local
Assessor’s office
q) Urge Legislature to restore energy taxes to municipalities
r) Deny request for W/S bill relief with offer of payment plan
s) Appt of Ita Brown as part-time payroll clerk
t) Waiver of special event fee (not including police fees) for St Peter School PTA 5K
u) Authorize start time of 7:00 am for the Boardwalk reconstruction
v) W/S bill adjustments (2 accounts)
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Motion by Councilman Corbally to accept 2012 Green Communities Grant and authorization for matching funds (Resolution 2) in the amount of $3,000, with caveat that inventory report is for informational purposes only and there will not be a mandate on residents to remove anything, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA
Attorney Gertner: resident then proceeds at his own risk – Council has done its due diligence.

Councilman Corbally recommended approving the Farmer’s Market, but moving it back to Borden’s lot (Councilman Gordon: asked to discuss the merits of each choice; Councilwoman Tooker: needs to stay where it is – more visible in railroad lot – only takes away from parking for a few weekends – hours could be tweaked on nice weekends – fortunate that Ms. Dietz took it over – works hard, for free – good thing for town – really starting to get momentum – all merchants are welcome; Councilman Reid: great quality of life event for the town – she’s done a great job).
Motion by Councilman Reid, to approve Farmers Market Special Event application (Resolution 3), was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA
Councilman Corbally….NAY

PUBLIC PARTICIPATION (on Ordinances) OPENED AT 9:02PM

Dave Cavagnaro: thanked Council for Ordinance 2012-12 – distributed 1999 “New Jersey Monthly” magazine article, which listed PPB as One of the Best 25 Places to Live – no longer the same place – outrageously poor behavior in the residential areas – disappointed that real estate agents feel that it is critical to their business to have people coming to PPB to park at residential homes until 2 AM, and that the Chamber of Commerce supported that – tries to support local businesses – local businesses should try to support the residents – asked that the program be passed – showed 2005 presentation, which outlines the reason for this type of plan – hours were the same as what is currently proposed, but only Central Avenue, Niblick Street and Parkway were involved – residents beyond this area expressed concern that the problem would move to their section, so it was suggested that it cover all of District 4 but Council never moved forward with it – asked Council to support.
Kevin O’Brien, District 3 - PPB: not in favor of 5 permits – asked if people coming off Boardwalk will have to walk further and disturb more neighborhoods – asked about effect on resident parties in District 4, if guests would have to leave by curfew (Councilman Corbally: can borrow passes from your neighbors if you can find that many spots on the street – if problem flows into District 3, can tweak it – pilot program that expires December 31, 2012) asked if passes can be transferred (Councilman Corbally: can be borrowed – not tied to a specific license plate; Councilman Mayer: clarified that the proposal has been changed, so that only District 4 residents will get 5 passes – residents from other districts will get 1 pass).
Chuck Venedam, PPB: asked if there would be a charge for those passes next year, if the program continues (Councilman Corbally: no, this is a quality of life issue – but this Council can’t hold future Councils to anything).
Vince Castin, PPB: most people who spoke are from District 4 – worried about the spillover into District 3 – not a fair test or analysis of the program – should be the whole town or Districts 3 and 4 – also, if he is getting a bite to eat in District 4, will have to keep his eye on the clock and move his car – maybe won’t be able to find another spot, and will probably just go home – not fair to him or the restaurant he’s patronizing (Councilman Gordon: can speculate until the cows come home – need to try it and figure it out – will tweak it accordingly) can make an educated guess from living in the town.
Paul Ward, Manasquan: Broker/Owner of Ward Realty on Ocean Avenue – appreciates Councilman Corbally’s passion – many share similar concerns – not necessarily on the same side – no question that there is a parking concern in town – this has been defeated by all segments of the community multiple times – disingenuous that District 4 voted for it – majority of ownership in District 4 are second home residents – don’t vote here – year-round residents in other districts did not approve this – creating an “us” or “them” issue – it was his e-mail to which Councilman Corbally referred and it was taken out of context – governing body to creating an adversarial situation between the lifeblood of this resort community – nature of the problem is not what is being publicized, to the detriment to the businesses – more rules is not always the right direction.
Kitty Stillufsen, PPB: asked if two-family house would get 5 or 10 parking permits – echoed Mr. Ward’s sentiments.
John Dixon, PPB: asked if County has approved this plan yet (Mayor Barrella: will send to them tomorrow for immediate action) unusual that we have something on for first reading that doesn’t even have County approval - asked if money is in budget to pay for this (Councilman Mayer: there is money in capital surplus that could be appropriated for this) asked about extra police costs (Councilman Corbally: Chief O’Hara is not planning on any extra officers, so there shouldn’t be any extra cost – 5 parking passes for people in District 4 - residents in other districts can request 1) asked if we’ve gotten approval from the courts for new violations (Attorney Gertner: just an extension of existing parking ordinances) people know where to find a free spot – noise and complaints will go to District 3 (Councilman Corbally: will not know until we try, do not believe it will happen) concerned about tax increases – could have an opposite effect on fines and parking revenue because less people will come here – will lead to a bigger tax increase next year (Councilman Corbally: if we outsource the signs, would be about 200 of them at less than $70 each) no one in District 4 voted for this – question on the ballot was for a town-wide plan – concerned about conflict for Councilman Corbally, as he believes this will increase property values, and he’s in the real estate business (Councilman Corbally: according to other Realtors, he’s wrong).
Max Gagnon, PPB: can make money for the community – have 2 water tanks, which are not being used, that have a high salvage value – could be torn down – could put solar collectors in there and money would come into the borough; been here 50 years and parking has always been a problem in this town and it keeps getting worse – gave Council a presentation several years ago about putting a major parking lot and a marina on Gull Island – were told it was a hot item with the state and we’ve done nothing – asked why we don’t have a long-range plan (Mayor Barrella: this is not about parking, but people who don't know how to behave themselves coming to PPB, yelling and screaming and defecating on people’s lawns) agreed – but if we had parking elsewhere, we wouldn’t have the problem, because they’d be going someplace else – let’s do something – it is a parking problem, there is no doubt about it.
John Szafranski, PPB: state and county is trying to foster tourism – just increased the budget to bring more tourists down here – where are we going to put them; asked if he gets 5 passes for each home that he rents out (Councilman Corbally: 5 for each tax bill).
John Mullen, PPB: thank you for saying the hard stuff – this town has changed and not for the better – been coming here for 25 years and owned a house here for 14 – on the parking committee and thought we had a fair plan – found that people were coming early and avoiding meters – one of the affects would be that Silver Lake lot fills up quickly – District 3 may get some overflow – need to do this pilot and find out – it is real effort to try and solve some problems; sentiment on bar closing issue is the same – family town – no need for late night partying – lived in Sea Girt, which always had a midnight closing, and it was nice – part of the reason we are having more problems is that Belmar has taken it out, as have some others.
Maria Palmieri, PPB: has house on Boardwalk – her husband passed away, and now her son and his family can't come down on weekends because he can’t find parking – disgraceful – throw up all over – bad language at 3 AM – lived there 32 years, has gotten worse and worse in last 8 years – tax rate went sky high – can't afford to keep my house – PPB was not like Seaside.
Laurence Harbor resident, who owns two houses in District 4: this town has been a resort community longer than anyone here has owned a home – these are the trials and tribulations that come with living in a resort community – summonses should be paying for police presence to avert these issues – “Jersey Shore” mentality is a problem throughout the country, not just PPB – these ordinance are not going to make it go away – just putting a Band Aid on the problem – been coming here for 55 summers – parking has always been an issue – this program is not going to make the other issues go away – asked what will happen when one of his renters loses a parking pass – this needs more time and thought.
John Szafranski, PPB: lives on Boardwalk – has often experienced noise and drunkenness from about 10:30 PM until 3 AM – fights, urinating, changing clothes, etc. – whatever needs to be done, he needs some help – has never gotten help from the police, even before Chief O’Hara’s time.
Tom Davis, PPB: commended Council – encouraged them to go forward with pilot programs – has lived in lot of communities throughout the country – all face these kinds of problems – no one wants to regulate fun in a resort community, just maintain quality of life.
Sal Pepe, PPB: applauded Council for trying to address quality of life in District 4 – concerned with the logic of the parking program – was turned down by the other districts in November – this splits the town – dangerous precedent for government to bypass what the public wants – thinks police presence is the answer – in favor of Operation Rice Krispies (Mayor Barrella: asked if he favored pay parking in District 4, as bar owner suggested) no – doesn’t want to turn a residential district into something that looks more like a city – finding a way to pay for extra police is a problem.
Tom Highton, PPB: thanked Mayor and Council for putting ordinance up for adoption – bought a house here 50 years ago, and has lived here for 30 years – gets upset when he hears people say this is a tourist town – it’s not – it’s a residential community that is impacted by tourism – focus in town has not been on the residents – represents a group of District 4 residents who have worked hard to get this approved – was told by District 4 residents that it wasn’t overwhelmingly supported there because of misinformation – that’s been the history of this community – not a parking problem, it’s crazy in front of his house at night – asked why he should live in a community that has 70 police officers in the summer – there aren’t that many in Newark – time for Mayor and Council to have the courage to do the right thing – should have a chance to work out the nitty-gritty – solves quality of life and police will only have to watch the parking lots – favors midnight closing – in 1989, had a parking discussion and no solution was provided by the business community, other than to build high-rise parking – focus should be on the residents – this is a step in the right direction.
Ron Gasiorowski, Attorney for Martell’s and Jenkinson’s: used to own property in PPB and was happy to have it – clients’ position is that these ordinances are illegal and invalid – at some point, perhaps a court of law will make that decision – was here when Operation Rice Krispies was discussed – clients wholeheartedly endorsed Lt. Dikun’s proposals and wholeheartedly participated in meetings with Council members and the community at large – have attempted to part of the solution, if there is a problem, and still wish to be – finds it difficult to believe that all of PPB’s problems exist because of Jenkinson’s and Martell’s and it was improper for Councilman Corbally to single out his clients – Mr. Storino has operated in this community for more than 40 years, Mr. Bassinder for more than 30 years – they are residents, who have participated in numerous community events – urged Council not to pass these ordinances – they are a huge injustice to his clients (Councilman Mayer: asked him to specify why he believes the ordinances are illegal and invalid) will not discuss at this time – if ordinance is considered on second reading, it will be challenged.
Ben Dispoto, PPB: it is a quality of life issue – businesses have had years to address the quality of life that their clientele have imposed on us – the committees set-up this past summer yielded no results – have to give the parking plan and the bar closing issue a shot – been dragged out much too long – has to be put to a test.
Andrea Bawne, PPB: concerned that people will leave bars at midnight and drive into the lots (Mayor Barrella: not realistic. anyone who intends on staying in PPB past midnight will park in one of the lots when they arrive – there are 1600 privately owned spots, compared to 600 municipally-owned spots) wasn’t a question, just a concern that people will leave bars and drive after drinking, rather than just leaving their cars and getting a cab home – asked for clarification if bar closing affects all bars in PPB (Mayor Barrella: by state statute, can regulate hours in PPB but not by district; Attorney Gertner: better off regulating hours throughout the municipality, rather than picking and choosing).

PUBLIC PARTICIPATION (on Ordinances) ENDED AT 10:01PM

Mayor Barrella: modified agenda to discuss second reading ordinances and then first reading ordinance prior to bench applications.

Ordinance 2012-04 (Open Space Committee Members) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Mayer to close public participation and adopt Ordinance 2012-04 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-06 (Residential Parking Pass Program) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Reid to close public participation and adopt Ordinance 2012-06 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Councilmen Gordon, Mayer, Lurie, Reid….YEA
Council Members Tooker, Corbally….NAY

Ordinance 2012-10 (PBA Salary Ordinance) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Gordon to close public participation and adopt Ordinance 2012-10 was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-11 (Cap Bank) was introduced on first reading. Mayor Barrella: asked if cap bank would need to be established for levy cap and if that is included here (yes).
Motion by Councilwoman Tooker to approve Ordinance 2012-11 was seconded by Councilman Mayer and carried by roll call vote. Public hearing will be held April 3, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-12 (District Four Parking Program) was introduced on first reading.
Motion by Councilwoman Tooker to approve Ordinance 2012-12 was seconded by Councilman Corbally and carried by roll call vote. Public hearing will be held April 17, 2012.
VOTE: Council Members Tooker, Gordon, Corbally, Mayor Barrella….YEA
Councilmen Mayer, Lurie, Reid….NAY.
Attorney Gertner: the reason that the public hearing is scheduled for April 17th is to give the County sufficient time to review the ordinance.

Ordinance 2012-13 (ABC License Closing Times) was introduced on first reading.
Motion by Councilman Corbally to approve Ordinance 2012-13 was seconded by Councilwoman Tooker and carried by roll call vote. Public hearing will be held April 3, 2012.
VOTE: Council Members Tooker, Gordon, Corbally, Mayor Barrella ….YEA
Councilmen Mayer, Lurie, Reid….NAY

Ordinance 2012-14 (Vehicle Weight Limit – Laurel Ave) was introduced on first reading.
Motion by Councilman Mayer to approve Ordinance 2012-14 was seconded by Councilman Corbally and carried by roll call vote. Public hearing will be held April 3, 2012.
Councilman Mayer: clarified why this was put on the agenda and asked if agenda procedures can be improved (Clerk Ellsworth: documentation should be in the packet).
VOTE: Councilmen Gordon, Mayer, Corbally, Lurie, Reid….YEA
Councilwoman Tooker… No Vote, as she had stepped out for a moment

Motion by Councilman Lurie to approve bench applications for Corporal Kevin James and former Borough Employee, Claire Beno, was seconded by Councilman Reid.
VOTE: Council Members Lurie, Reid….YEA
Councilmen Gordon, Corbally….NAY
Councilman Mayer….Abstain
After some debate over whether or not these applications should supersede those currently on the waiting list, Attorney Gertner suggested that a motion be made inside this motion to postpone vote until next meeting so questions can be answered and Council can make a valid determination
Motion by Councilman Gordon to table vote on bench applications was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Councilmen Lurie….NAY

The 2012 Municipal Budget was introduced. Mayor Barrella opened public participation.
Tom Highton, PPB: asked if there would be any furloughs (no)
Motion by Councilman Mayer to adopt resolutions listed below was seconded by Councilman Corbally and carried by roll call vote.
a) Defer $5,748,269.14 school taxes
b) Authorize self-examination of 2012 Budget
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Councilman Mayer: no new programs – paying a lot of bills that have come through – we are fortunate there was $1,711,000 in surplus, as of 12/31/11 – $1,260,000 appropriated in 2012 budget, leaving $451,000, which is an improvement from last year – need to create/regenerate $1,260,000 in surplus or will have a problem next year – biggest non-tax revenues in budget are parking revenues and fines – a lot of court fines are parking tickets – warned that anything that impacts tourism will have a serious affect on the budget – few minor changes include striping program, focus on capital budget, which will show up in bond ordinances – spent a lot of time on it – invited questions via e-mail.
Mayor Barrella: asked that Council articulate any reasons for voting ‘no’ and their solutions.
Motion by Councilman Mayer to approve the 2012 Municipal Budget was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally….YEA
Councilmen Lurie, Reid*….NAY
*Councilman Reid: taxes went up 64% between 2007 and 2012, – has gone up 2% this year, and probably another 2% next year – School and County taxes will go up – residents can't afford it – should put surplus toward taxes (Mayor Barrella: didn't attend budget workshop on February 28th and had budget since then – Councilmen Mayer and Corbally and CFO Riehl would have answered any of his questions – nobody likes the fact that taxes are going up – Councilman Reid has an obligation to look at the budget and identify problems and what he would do differently – can’t completely drain surplus – made the hard choices last year – impact in terms of service and furloughs – people made a lot of sacrifices – have built in some security) if he has bills to pay, he pays them – should take out the red pen – will come to next meeting – can vote yes on tax increase (Councilman Corbally: will look forward to hearing suggestions – anyone who says they won’t raise taxes is lying; Councilman Mayer: can’t come in January and do budget in March or April – anything done that quickly is risky – it’s not that simple; Mayor Barrella: had $1.7M is surplus this year because of long-term planning in preparing 2011 budget).

PUBLIC PARTICIPATION OPENED AT 10:43PM

Tom Highton, PPB: supported police raises, but asked how Councilman Reid could vote ‘yes’ on police raises, the biggest item in the budget, but vote ‘no’ on the budget.
After some discussion on the budget, Councilman Lurie stated that he believed there should be furlough days; Councilman Gordon proposed that Council relinquish their pay before authorize another furlough day and Councilman Reid agreed; Mayor Barrella: it’s not right to ask employees to take another hit.
Dave Cavagnaro, PPB: thanked Council for affirmative votes on early bar closings and parking plan; suggested benches by the lakes and offering people on the list the next available location and, if they refuse, they go to the bottom of this list.

PUBLIC PARTICIPATION PERIOD ENDED AT 10:50 PM.

Meeting was adjourned at 10:50PM by consent of Council.

TRANSCRIBED BY: Eileen Farrell, Deputy Clerk

ATTEST: Maryann Ellsworth, Municipal Clerk


Published April19, 2012 | Council Minutes | 1352


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