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April 3, 2012


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35PM 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 Gordon, to enter closed session to review two contractual, one attorney-client privilege and two litigation 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 6:36PM and ended at 7:16PM.

Mayor Barrella called the regular meeting to order at 7:14PM. 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 Caroline Koncsol, mother of Tax Clerk Jennifer Coyne, who passed away on April 2, 2012.

Motion by Councilman Corbally to approve the minutes of the February 21, 2012 and March 6, 2012 Council Meetings was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Lurie ….. Abstain on 2/21/12
Council Members Tooker, Lurie ….. YEA on 03/06/12
Council Members Gordon, Mayer, Corbally, Reid …. YEA on both

Mayor Barrella: asked that Ordinance 2012-13 be introduced prior to Committee Reports for the purpose of carrying it to the April 17th Council Meeting, in light of ongoing discussions between Governing Body members and some stakeholders – would not preclude anyone from making their views known during the public participation portion of the meeting, but there will be no public participation session on the ordinance, itself.
Motion by Councilman Gordon to carry second reading/public hearing of Ordinance 2012-13, without notice, to the April 17th Council Meeting, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA


Councilman Reid: not happy with many things at ball fields, including the design and flooding – would like to discuss payment schedule; been meeting with DPW Super. Trout about reducing costs – discussed once-a-week trash collections in winter – only savings would be if we reduce the number of employees – working with a skeleton crew already – should have some numbers at next meeting; letter is going to Freeholder Board about reducing traffic on Bay and New Jersey Avenues – looking at a 4-way stop-sign, moving red light from Atlantic Avenue to New Jersey Avenue, and a sign to alert drivers of their speed – County road, so County will pay for it – grew up on Bay Avenue – have always been speeding issues – will look into anything that can slow it down; met with Joe Introna and the head of the ABC – Clerk Ellsworth and Chief O’Hara have the application – should be a go for June 2nd.

Councilman Lurie: at last Council Meeting, there was discussion about a Boardwalk bench for former Borough employee, Claire Beno – would like to add this to the agenda (Mayor Barrella: Administrator Riehl will address).

Councilman Corbally: spoke with County Engineer about District 4 Pilot Parking Program – encouraged us to have the 2nd reading – County meets twice a month – they will vote on a resolution if Council passes it – will be on next meeting’s agenda – County Engineer indicated that he did not have a problem with it; Realtors Association informed him that they’ve been talking with Councilman Reid, who told them that Jenkinson’s is considering parking cars in the north-end lot and shuttling people from there (Councilman Reid: they didn’t hear it from him; asked Councilman Corbally if he ever met with the Freeholder); last Thursday, he and Councilman Reid looked at ball fields and found issues to be addressed – he and Councilman Lurie went out on Friday and found more issues – concerned about water on the infields (Councilman Lurie: contractor must verify that he built it to the engineer’s plans – contractor won’t get final payment until we get that – if it has been verified, we need to have a conversation with our engineer; Councilman Gordon: asked if this will interrupt the start of baseball season) no – will speak about this later in the meeting, when considering the applications.

Councilman Mayer: been working with Administrator Riehl to schedule regular Finance Committee meetings at 5PM in the Administrator’s conference room on the Tuesdays before Council Meetings – asked Administrator Riehl or Clerk Ellsworth to circulate a schedule for everyone’s calendars – first date would be April 10th – would like to use these for reviewing bill lists, purchase orders, bond ordinances, capital budget issues, and any other financial matters on the agenda, in advance of the Council Meetings – would like to develop an issue list for the committee to consider for the balance of the year – Administrator Riehl will provide information on background checks before next meeting (Mayor Barrella: he is available to support the Finance Committee, if necessary).

Councilman Gordon: Ocean County Joint Insurance Fund (OC JIF) is requiring more stringent background checks for employees and volunteers every 3 years, or we will be charged higher deductibles and premiums – need cost analysis to determine if the number of background checks required will offset the cost of the increase – may determine that the more stringent checks be required only for those working with children – Finance Committee must consider; police activity for the past 2 weeks includes 7 arrests, a commercial burglary investigation, 3 residential burglaries and 2 vehicles, investigation of a structure fire on Rosewood Avenue, response to a report of a deceased individual at a Broadway residence, 19 motor vehicle accidents, and 18 first aid calls – overtime (OT) has been decreased by 34% since this time last year – looking to hire a dispatcher to alleviate OT by regular officers; asked Council to authorize cursory background checks, similar to government security clearances – proposed that each individual, initially those working with children, authorize the police to look into a variety of databases and determine their viability (Attorney Gertner: great compromise position, to move forward, given the information we received from OC JIF – a way to mitigate exposure and insulate Council if something should happen) must consider who will pay for the more stringent checks – new employees, full-time employees, unions, volunteers or the town.

Councilwoman Tooker: thanked the public for their support of the Animal Welfare Committee (AWC) fundraiser at The Ark and the owners for donating the food – next event will be a wine tasting at the American Grill on May 10th – AWC has been working hard and doing a lot of trapping at the Boardwalk area – meeting with other towns that are starting programs, including Brick and Seaside – most of Ocean County is onboard with Trap, Neuter, Release program (TNR); viewed the ball fields – at least they’ve got the drainage ditches covered and the trees there – an impressive complex – hopes all gets worked out; received a resident e-mail about dog waste on the Boardwalk – thanked police for having additional patrols there and issuing summonses; spoke to engineer about the flat dunes near the Boardwalk repair and was told they are not being addressed at this time – they should be – perhaps the lack of dune contributed to the Boardwalk wash out – should ask Pete Ritchings to speak to the homeowners association (Administrator Riehl: condo association wants to work with the contractor doing the Boardwalk repairs to fix the retaining wall); the school’s Hall of Fame dinner last weekend was another excellent event – nice that former Mayor Pasola was inducted; as part of the Barnegat Bay Blitz, taking students to clean up Little Silver Lake and work on the rain garden on May 9th – Environmental Commission will be there – invited all to volunteer; Student Council is holding their second Senior Citizen Luncheon on May 22nd at the American Grill – free for town seniors with entertainment and, possibly, a speaker; Weekend Code Enforcement Task Force interviews are starting this week; Historic Preservation Commission should have a Council liaison – has suggested that they work on a Preservation Award for restored homes, and on an ordinance to take an inventory – they have a budget – would like to see things get done – they meet on the first Monday of the month.

Councilman Mayer: commended the PPB Public Education Foundation – been around for 20 years – great Hall of Fame Dinner – have raised so much that has been contributed to the school –congratulated the President and Board of Trustees (Councilwoman Tooker: has been a Trustee for a long time, but Councilman Mayer was one of the founding Trustees – kudos to him, also).

Councilman Gordon: acknowledged the Recreation Committee for conducting an outstanding Easter Egg Hunt– well-done and well-attended – tipped his hat to Jenkinson’s for their annual Easter Egg Hunt and the thousands in attendance – both run very well, on different scales.
Motion by Councilman Gordon, to conduct interim background checks, at the recommendation of the Chief of Police, to satisfy the requirements for volunteers working with children, until such time as Council decides in what direction they want to go, was seconded by Councilman Mayer* and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer*, Corbally, Lurie, Reid …. YEA
*Councilman Mayer: asked Chief O’Hara what it entails (applicants/volunteers fill out a waiver authorizing police to run drivers licenses, Social Security numbers, and other identifiers through State and Federal databases, to be sure there are no prior convictions for offenses that would bring concern to their being around kids) clarified that this is just for volunteers in direct contact with children (Councilman Gordon: paid employees and volunteers who work with kids; Councilman Lurie: asked if this would be done on regular time or OT; Chief O’Hara: regular time).

Mayor Barrella: Attorney Gertner discussed the Court Shared Services Agreement with Boro Attorney Dasti and Ocean County Assignment Judge Grasso (Attorney Gertner: and also with PPB Judge Liguori – have to take the next step with Administrator Riehl – there is a question of space – before he presents to Council, she should be made aware of the conversation, and see how it can be implemented) clarified that Judge Grasso had a view as to how it should be implemented; budget will be up for adoption at the next Council Meeting – public will be heard – invited Council suggestions, as time is running out (Councilman Lurie: asked if the next meeting will be held in the Council Chambers) yes, it’s a burden on Clerk Ellsworth otherwise – as of now, not inclined to move it, but will listen to the opinions of Council, Clerk Ellsworth and Administrator Riehl; Energy Receipts Task Force met last week and discussed lobbying legislators/executives to support giving back our energy receipts – it belongs to PPB taxpayers – State has been skimming off the top over the last 20-30 years – has amounted to $500M in the last 3-4 years – taking more and more money to balance the State budget – League of Municipalities is looking to reverse that; League also had meetings on the mandatory consolidation of services – read Ms. King’s article in the “Ocean Star” regarding Ordinance 2012-13 – troubled by the NJ Licensed Beverage Association and the NJ Restaurant Association who want to portray it as something other than it is – both spoke of the town trying to balance the municipal budget, or covering a shortfall – under the ordinance, as introduced, not one establishment in PPB needs to pay, unless they choose to – disingenuous – these paid lobbyists are deathly worried about their membership – Council has a responsibility to worry also about the PPB taxpayers and residents, and the effect that some of their members’ customers have had on residents’ quality of life – disappointed that outside agitators are coming in to stir up trouble – it’s like they feel they have to stop something from happening, for fear it might happen somewhere else – the issue is not tourism, but people coming to PPB, who drink and behave badly in late evening, and the effect that type of behavior has on the residents’ quality of life – tourists are always welcome in PPB – we want to see the Boardwalk flourish – we love things like fireworks – we don’t like having to have Special Officers and subsidize them.

Administrator Riehl: there will be a meeting at the ball fields on Thursday morning at 9AM – asked that questions/concerns be e-mailed to her or the engineers – engineers, contractor, Little League representatives and any Governing Body members who wish to attend will be there (Mayor Barrella: no more than 3 Governing Body members should attend because of the Open Public Meetings Act – suggested the Buildings and Grounds Committee).

Clerk Ellsworth: addressed the Boardwalk bench program – there are benches without names which DPW has numbered – Administrator Riehl’s office sent letters to all bench owners that it is their responsibility to fix them – there are enough blank benches to accommodate all on the waiting list and the two new requests – will start contacting those on the list and offering them what’s available (Councilman Mayer: asked for an explanation of the program) idea was to allow independent contractor to replace deteriorated Boardwalk benches with personalized benches, saving cost to the town – town takes application to approve content – all money goes directly to contractor who constructed bench, brought it up to the Boardwalk and drilled it into the boards – costs started at $250 – thinks they’re now $300 (Councilman Reid: asked if there is availability at the Inlet parking lot (Councilman Mayer: confirmed that it is the bench owner’s responsibility to maintain it; Administrator Riehl: yes, town has written policy on the maintenance of the benches; Councilman Mayer: asked how it is working; Administrator Riehl: the problem is, they are not all local residents – some have passed away or moved out of town and the benches have become neglected (Mayor Barrella: if we can’t get hold of people to maintain them, we should declare them open again; Councilman Lurie: should turn over to DPW if they’re a hazard; Councilman Reid: asked if owners have to paint them; Administrator Riehl: yes with specific colors).

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items and Resolutions) OPENED AT 8:00 PM

Chuck Venedam, Point Pleasant Beach (PPB): e-mailed Council, except Councilman Lurie who doesn’t get e-mail, about the feral cat problem by his house – only response was from Councilman Reid – 2 kittens were removed from there last week – he and his neighbors would like the cats removed (Mayor Barrella: experts say that, if you remove those cats, others will come) cats are urinating and defecating on their private property – their kids play there [Councilwoman Tooker: compared the problem with cats to that with raccoons and opossums – AWC is working hard – a member bought a sonar device with her own money – it works fine] been asked to use coyote urine and sonar – don’t need more urine and the sonar is only good for 10-15 feet – there are 18 houses on that lane (Councilwoman Tooker: suggested everyone on the lane purchase a $50 sonar device; Mayor Barrella: cats are wildlife – no different than squirrels, raccoons or geese – PPB has a TNR policy to deal with cats, which has been adopted by other NJ municipalities which come to PPB to learn how to do it right – if he doesn’t want wildlife on his property, it is incumbent upon him to remove it – but, this wildlife is subject to regulation under established Borough policy; Councilwoman Tooker: there have always been Boardwalk cats because of the food source – feral cat colonies control themselves and keep others out – in 1992, when the Boardwalk cats drowned in a storm, that area of PPB was overrun with skunks and rats and there were health problems – now, at least they are vaccinated and controlled – every cat trapped there has been TNR’d already) AWC was out in October because a cat attacked his dog – that cat had kittens – he rescued one and gave it to the AWC but the other kittens were never trapped – the ones trapped last week are 5-6 months old (Councilwoman Tooker: doesn’t know why the kittens weren’t trapped, but once in a while that will happen – AWC members are volunteers who do their best) asked Council to come to 19 Brunswick Place, open the crawl space door and stick their heads in – urine is a health issue – people on the lane are allergic to it (Councilman Reid: Lisa is doing a good job – asked if AWC will continue to trap until no other cats show up; Councilwoman Tooker: it’s hard to relocate cats – they like to return to where they were – TNR works through attrition – cats are neutered and, over the years, the population declines – new restaurant owner said he had never seen a restaurant, as filthy as when he moved in, that didn’t have rats, mice or vermin, so the cats do serve a purpose – any that are friendly or adoptable get adopted – have adopted out more than 150; Councilman Lurie: asked, if there is nowhere to send the 2 recently-trapped cats, would they be returned to the area; Councilwoman Tooker: hopefully, with these 2 who are new to the area, we will be able to figure something out) asked who is responsible if someone gets bitten, scratched or sick from cat urine or feces (Councilwoman Tooker: feral cats are skittish – they are wildlife like raccoons or opossums) AWC is taking care of feral cats, not raccoons or anything else (Attorney Gertner: would be up to a judge and jury because, if you are following protocol, you have certain immunities; Mayor Barrella: matter is being handled consistent with protocol – suggested that, if Mr. Venedam wants it changed, he convince a Council member to sponsor an ordinance to go back to having cats boarded and euthanized at the County, at great expense; Councilman Corbally: not a fan of TNR) neither is he, especially when it affects his property and quality of life – we didn’t create this problem (Councilwoman Tooker: AWC didn’t either; Councilman Mayer: asked what Muskrat Jack said) State told them to contact the Animal Control Officer, and if there are enough complaints, there’s a possibility the cats could be removed – claimed that 3 calls to Muskrat Jack were not returned (Councilman Reid: suggested the town purchase 5 sonar devices to be moved around, as necessary, because TNR is not working for everyone; Mayor Barrella: suggested a meeting between him, Council Members Reid and Tooker, Muskrat Jack, AWC and Mr. Venedam, if he wishes to attend).
Kitty Stillufsen, PPB: there is a tremendous opportunity for Council to create a paid full-time fundraising position – fundraiser’s salary would be based on a percentage of what he generates – suggested engraved brass leaves – many groups in town are lacking funding and it takes time and experience to raise funds – can tie in the benches as well (Mayor Barrella: can have Administrator Riehl look into it and, if necessary, ask Attorney Gertner – Mr. Castin had volunteered to sell space in the borough newsletter – there was a protocol that had to be followed, in order to not violate State laws) suggested someone might want to pay $1M to build a gazebo at the end of the Boardwalk and name it after his family; every summer, there are bottleneck traffic problems at the intersection of Broadway and Ocean Avenue because of the parking lot there – could be solved by moving the entrance further north – town would only lose 1 parking spot (Councilman Gordon: will follow up with Jenkinson’s); opposed to parking plan – doesn’t want the riffraff – at her family’s restaurant, they target who the town really wants – a law-abiding person with disposable income – while this program targets riffraff, it affects many innocent people, such as those who go surf fishing at 4:30AM, 5AM joggers, people who work late, her family, who has a business in District 4 – her District 4 home has an occupancy of 6 people, and she’d only get 5 passes – there are flaws in the ordinance, such as no provision for lost passes, no approval process for out-of-district applications for parking passes, no definitive appeal process if those applications are denied, no provisions for non-residents who work late, no provisions for law abiding residents of Brick or Point Pleasant, who come to town regularly – the fee schedule is exorbitant and up to interpretation – claimed that it’s poorly written – asked Council to reconsider their stance – biggest problem, for her, is the official reason for the ordinance, which is “for the good and the welfare of the citizens” – reason needs to be clearer and more fair.
Vince Castin, PPB: asked about item 1/q (Councilman Gordon: request of the Recreation Committee to purchase picnic tables through the Recreation Trust Fund – not a fan of open-ended purchase requests – due diligence should be done – should know what we’re voting on – but doesn’t disagree that the need is there) asked for an explanation of the Recreation Trust Fund (Administrator Riehl: at the end of December, there was about $57K in the account – it is in trust for the Recreation Committee – any money spent must be approved by the Governing Body); asked about the 3 Special Event applications to use the ball field (Councilman Corbally: from his research, we’re not allowed to charge anyone to use these fields, because we don’t charge our own people – we used Green Acres money on these fields – spoke to the Ocean County attorney for Green Acres, and he’s got the area mapped as to when and where Green Acres funding was used – if we are not using the fields, we have to let others use them); agreed with Mr. Venedam and Ms. Stillufsen – cat issue has been around a long time – we feed them like they’re domesticated creatures, but we’re not feeding or colonizing raccoons or rats – not in favor of cats being allowed to run around – we colonize these cats that live under the Boardwalk – it’s disgusting – need a more concentrated effort to get rid of the problem.
Clerk Ellsworth added item to Consent Resolution 1.
Marilyn Burke, PPB: asked for explanations of items 1/a and 1/b – (Mayor Barrella: resolutions that came from the Clerk’s Association; Clerk Ellsworth: they came from League of Municipalities also; Mayor Barrella: opposition to statutory changes that will add cost and burden to PPB – unfunded mandates; Clerk Ellsworth: detailed some concerns) asked Clerk Ellsworth to provide her with copies; in concert with Councilman Gordon’s remarks about background checks, asked how many people in PPB are classified as sexual predators (Chief O’Hara: doesn’t have that number, but believes there is a website with that information; Councilman Corbally: there were 3, about 5 years ago; Councilman Gordon: if they want to volunteer, they have to sign a consent, giving Social Security Numbers and all appropriate information; asked how much was raised at the AWC Ark function (Councilman Tooker: about $1,100 – goes to Community Endowment Fund) had asked Councilman Gordon, on a monthly basis, how many Police Officers are working overtime, how many hours, how much money – he never answered (Councilman Gordon: Chief already had 4 OPRA requests from her, asking for that information – rather than do redundant work and drive up costs, he let the OPRA system work) OPRA request was for last year’s information, not this year’s (Councilman Gordon: for the pay period of March 22nd, full-time Police Officers had $2,600 of OT – 46.5 hours) wants to track it – wants Councilman Gordon to provide the information to everyone on a monthly basis (Councilman Gordon: he’ll give that some thought) otherwise she has to do it through OPRA (Councilman Gordon: if that’s her desire, and he decides not to provide the numbers) last year, no one kept track of overtime and things were rampant – Councilman Gordon is the liaison to the Police Department – he is a military man, who knows about detail, had a number of people working for him, knew what they were doing when they were working overtime and, therefore, should be more readily available to provide this information.
Dave Cavagnaro, PPB: asked if discussions about the bar closing ordinance will include all or selected bar owners (Mayor Barrella: advised Council to stay away from details; Councilman Gordon: has met with owners who represent large organizations, and those who represent small organizations, but not with all of them) asked how item 9/a got on the agenda – thought the policy was that no new events would be approved, unless existing events are eliminated (Clerk Ellsworth: on January 24th, she asked the Governing Body to renew that policy – they did not – they said they would take it up on a case-by-case basis; Councilwoman Tooker: thought they had renewed the policy, but were considering this event because it is a local organization); the route for the 5K held a couple of weeks ago was not in the newspaper – thought the policy was that, if a group doesn’t publish its route, they won’t get approved the following year (Councilwoman Tooker: asked if we could get a bond from the applicants; Clerk Ellsworth: would have to be put into an ordinance – right now, it’s just the rules and regulations that say they must publish a route) suggested groups provide the town money for ad with the application; complained that, since the beginning of the year, when the Council Meetings were moved from 7:30PM to 7PM, they have been on time only once (Mayor Barrella: it’s not working out – will fix it, going forward, next year – to fix it now, we’d have to re-advertise the meetings – apologized that they were 10 minutes late tonight) appreciates that the Governing Body is working hard in Closed Session, but the people in the audience are giving up their time, and it creates a bad situation.
Ben Dispoto, PPB: asked what is going on with the court – is it here or still in the Boro (Mayor Barrella: the court is coming back soon; Attorney Gertner: this Council and Boro Council have agreed to move sessions back here – the details of how to effectuate that are before Judge Grasso, who has jurisdiction over that – had a conference call today with him and Attorney Dasti, and had a subsequent conversation with Judge Liguori – it’s a space issue – needs to speak with Administrator Riehl and Court Administrator Sargent and get a plan to Council for approval – has a general direction of what Judge Grasso would like to see) doesn’t make sense – was always here before, and now there is a space issue to move it back (Councilman Mayer: doesn’t understand it either – Sean has been purposely cryptic on “space issue” – will learn more about it at the next meeting) sounds like a delaying tactic (Attorney Gertner: Judge Grasso just contacted us today – doesn’t have all information yet; Councilman Corbally: Council doesn’t know any more than Attorney Gertner; Councilman Mayer: good to know Judge Grasso has it, and it’s moving forward, because it took a while to get to this point; Attorney Gertner: the judge initiated the call, so he understands that it has to move effectively, quickly) bothered by the postponement of Ordinance 2012-13 – everything is stalled, delayed, dragged out – running up the legal expenses – asked why (Mayor Barrella: doesn’t disagree – a lot of gamesmanship – based on conversations with Governing Body, believes there are good faith efforts being made to reach a resolution, so we can craft something that preserves PPB’s control and deals with the issue in a way that is not injurious to the business entities – one of the reasons for introducing Ordinances 2012-12 and 2012-13 was to kick-start what was being stalled – Council and business entities now have a sense of urgency – believes that by next meeting, or the first meeting in May, we will have either a resolution or ordinances – will have something before Memorial Day) discouraged that it could go another month –Council needs to make a decision and move – it’s like the people who have to make the decision don’t want to (Mayor Barrella: there are some Council Members who do not want to make the decision – asked Mr. Dispoto to trust his judgment) he trusts him but is troubled by the elongation of the process – it’s been going on since August (Councilman Gordon: we’re further along than we’ve ever been) the longer it takes, the more the press and media get involved, and that’s not good for anybody (Councilman Gordon: won’t argue with anything Mr. Dispoto has said, but Council is, in good faith, trying to craft something in the best interest of the taxpayers and businesses) asked about Special Events (Mayor Barrella: will be dealing with a Special Event ordinance at the next Council Meeting) with regard to New Events b, c & d, asked if the Little League field was made to Little League specifications (Mayor Barrella: fields are consistent with specifications prescribed by Williamsport and Little League) asked if the applicants are Little League teams and, if not, why they would be playing on Little League fields – saw, what looked to be high-school students, with Thunder shirts on today – shouldn’t play on the Little League field (Mayor Barrella: Council has ability to say that the use of the field has to be consistent with the purpose of the field) now the Recreation Committee is spending $10K there (item 1/q) – previous Councils and this Council have opened up a big issue with this Little League field.
Glen Paesano, PPB Little League: that is a mistake – $10K is not for the Little League field, but for materials for the Summer Rec Program –was itemized by line item, voted on, and approved at the last Recreation Committee meeting (Councilman Gordon: that’s not what we were given; Administrator Riehl: the Purchase Order submitted noted $10K for picnic tables, through the Recreation Department for the Little League field – did not denote a vendor, which makes it impossible for funds to be encumbered) was told how to do it be the liaison for the municipality (Councilman Gordon: the PO reads, “The Recreation Committee has not yet decided a vendor for purchasing these picnic tables – they might just purchase the lumber and build, per Glen Paesano and Karen Mills” – “not to exceed $10K” – “picnic tables for Little League and miscellaneous items”) said Councilman Gordon was at the meeting when it was approved (Councilman Gordon: can only go by what we see – needs to be eliminated and re-submitted with an appropriate, itemized listing and costing; Mayor Barrella: Council’s desire is to hold item 1/q ) asked if there is any way to approve that prior to the next Council Meeting (Mayor Barrella: no) need to purchase the materials and have them in time for the Summer Rec Program in June (Councilman Mayer: the next Council Meeting is April 17th) asked the process, once approved (Administrator Riehl: once approved by the Governing Body, it’s up to you to place your order) asked Councilman Corbally whom he spoke to at Green Acres, and where it is listed that the fields are classified as Green Acres (Councilman Corbally: the questions asked were what we can charge and if we have to let other people use our fields – used Green Acres money in 2003/2004 for the field irrigation system and playground – will provide the name of the person he spoke with, who has a map of the field, which shows where Green Acres money was used – he said, if there is ever a complaint from someone who is denied use of the field, Green Acres comes in and watches everything you do – can charge groups for opening the bathrooms for them, if we want, but we don’t have to open them; Administrator Riehl: forwarded Mr. Paesano an encumbrance through Green Acres, that’s filed and recorded in the deeds in Ocean County, whereby we accepted $23K of Green Acres money for the original Little League improvements, which included the ball field, the playground area and other miscellaneous improvements; Councilman Corbally: we can’t charge other organizations unless we charge our own, and we are allowed to charge them twice what we charge our own – we have never charged Little League, so we cannot charge anyone else anything; Mayor Barrella: unless we establish a policy that calls for charges to be imposed on local organizations) Little League has a contract with the town for exclusive use of the field during certain timeframes [Councilman Corbally: Green Acres hasn’t argued that – when we don’t have anything local going on, have to open it up to others; Councilman Mayer: asked what is the oldest age that children can play on the field (boys 12, girls 14)] asked about the background checks for out-of-town teams and insurance (Clerk Ellsworth: will ask them for a Hold Harmless form and a Certificate of Insurance; Attorney Gertner: it’s apples and oranges – the issue is that this is a Green Acres field – as long as the municipality does not charge local organizations, it cannot charge non-local organizations – the mere fact that the scheduling process has to go through the municipality, does not open up the municipality to have to perform background checks on the use of those fields).
Lucille Buonocore, PPB: asked Councilman Lurie if he a was a witness for Jenkinson’s against Harborhead and, since that case is still open, would it be a conflict of interest if he should vote for the bars (Councilman Lurie: testified on historic photographs – has nothing to do with liquor licenses, and has been done for 2 years – he has asked attorneys whether it is a conflict, and was told “no”) must get to Council Meetings by 6:30PM to get in because of all the non-residents here – asked if residents shouldn’t be let in first (Mayor Barrella: we don’t have the right to tell someone they can’t come in because they don’t live here – anyone has a right to stand up and speak at a Council Meeting).

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items and Resolutions) ENDED AT 9:19PM.

Councilman Mayer: asked about items 1/c, 1/d, 1/n, 1/v and 1/w and about total amount spent for police recruit physicals and psych evaluations (explanations were provided by Administrator/CFO Riehl and Chief O’Hara).
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Gordon and carried by roll call vote.
a) Oppose S-1451/A-2424 amending the Open Public Meetings Act
b) Oppose S-1452/A-2425 amending the Open Public Records Act
c) P O to CDW-G for replacement UPS ($5485 thru insurance due to hurricane damage)
d) P O to Albright to install UPS ($1088 thru insurance due to hurricane damage)
e) Ratify approval of Chamber ABC Permit application for Beer on the Boards
f) Payment to Galvin Law Firm from BOA accounts ($837.50)
g) Approval of Recreation Committee S/E app for summer camp program (6/25 – 8/6)
h) Approval of Memorial Day Parade Committee S/E app for Bike Parade on 5/26/12
i) Progress Payment #1 to National Water Main for trenchless sanitary sewer spot repairs
j) Salary adjustment for certification as medium/heavy truck technician
k) Appointment of Nichole Letizia to the position of seasonal court file clerk
l) Approval of computer-generated vouchers ($135,456.10)
m) Payment to Lawmen Supply for body armor ($3120)
n) P O to Lawmen Supply for special officer duty gear ($6982.50)
o) Approve order & payment to Gran Turk for emergency repair parts for garbage truck ($3122.03)
p) Approval of Payroll #6 ($219,210.11)
q) HELD P O to Deptcor for picnic tables and misc items for Arnold Avenue ball fields (Not to exceed
r) Water/Sewer bill adjustments (6 accts)
s) P O to Ray Smalling for power-washing/painting Boro Hall ($7950)
t) Payment to Plainfield Consultation for Class I Special Officer psych evals ($5525)
u) Payment to HD Waterworks for water meters ($6765)
v) P O to Lawmen Supply for police weapons (not to exceed $9500)
w) P Os to American Uniform for police caps and patches ($1537.50)
x) Authorization for Borough Attorney to negotiate with the concession and bath house bidders
(Closed Session Item)
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie (Items 1/a – 1/h and 1/j – 1/x),
Councilman Lurie (Item 1/i)….Abstain

Motion by Councilman Mayer to approve Downey Side Special Event application for 5K Boardwalk run on November 3, 2011, contingent upon adherence to Police Chief’s recommendations, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Council decided to hold action on new events, listed below, pending walk-through of fields and determination whether additional work/maintenance would have to be done in the fall; Clerk Ellsworth: explained that, once approval is given for any special event, she asks for a Certificate of Insurance, from the applicant, naming PPB as co-insured for the dates of the event – must provide liability insurance in the amount of $1M; Glen Paesano, PPB Little League: concerned that Little League has not been given any assurance in writing that the fields are useable; Councilman Corbally: asked that Glen provide his list to himself and Administrator Riehl for walk-through on Thursday:
1) Approval/Denial of PPB Patriots S/E application to use Arnold Avenue ball fields, contingent
upon final approval of dates by Little League
2) Approval/Denial of PPB Riptide S/E application to use Arnold Avenue ball fields, contingent
upon final approval of dates by Little League
3) Approval/Denial of Pt. Pleasant Thunder S/E application to use Arnold Avenue ball fields,
contingent upon final approval of dates by Little League

Ordinance 2012-11 (Cap Bank) was considered on second reading. Public participation 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 2012-11 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-14 (Vehicle Weight Limit – Laurel Ave) 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 the public hearing and hold vote on Ordinance 2012-14 until the April 17, 2012 Council Meeting, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA


Mike Ramos, PPB: asked if power washing and painting of Borough Hall was finished.


Meeting was adjourned at 9:46PM by consent of Council.

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

ATTEST: Maryann Ellsworth, Municipal Clerk

Published May04, 2012 | Council Minutes | 1368

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