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April 17, 2012

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:38PM with Mayor Barrella and Councilmen Gordon, Mayer, Corbally, Lurie and Reid present. Councilwoman Tooker was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to enter closed session to discuss 2 attorney/client privilege matters and review closed session minutes, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Gordon, Mayer, Corbally, Lurie, Reid….YEA

Closed Session began at 6:40 PM and ended at 7:16 PM.

Mayor Barrella called the regular meeting to order at 7:21 PM. 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 20, 2012 Council Meeting was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

COMMITTEE REPORTS:

Councilman Reid: no report.

Councilman Lurie: congratulated Joe Introna, owner of Joe Leone’s, on being named Grand Marshall of the 2012 Ocean County Columbus Day Parade.

Councilman Corbally: was at Little League field last Thursday with Administrator Riehl, DPW Superintendent Trout, and Engineer Savacool – gave construction group a list of items to accomplish before releasing payment – asked for Councilman Lurie’s opinion on drainage (Councilman Lurie: deferred to Engineer Savacool – issue goes back to decision to eliminate pavement and put in stones for cost savings – bigger issue is internal field grading – low spots between 2nd and 3rd base must be resolved first – must talk to the contractor and Engineer Savacool about the design’s functionality, if there is a landscape border that stops water from flowing) asked if payment should be pulled until Council knows what is going on (Councilman Lurie: need to hold payment until punch list items are completed).

Councilman Mayer: Finance Committee will meet, through year-end, at 5PM on the Tuesday falling in the week before each Council Meeting – at recent meeting, discussed status of ongoing TWU and Teamsters negotiations, proposed bond ordinance, possibility of assessing a percentage of the net amount, after taking FEMA monies into account, of Boardwalk repairs from Lucky’s North to Trenton Avenue, overtime authorization and reporting procedures, and dissolution of the Parking Authority (1/1/2013), which is a significant item in this year’s budget.

Councilman Gordon: in the last 2 weeks, police made arrests on offenses including disorderly conduct, simple assault, defiant trespassing, criminal mischief, shoplifting, theft, driving while intoxicated, possession of a controlled dangerous substance, receiving stolen property, forgery and outstanding warrants – there were 12 motor vehicle accidents and 25 First Aid calls; Police Department will participate in Operation Take Back, April 28th, 10AM-2PM, which provides safe disposal of unused prescription medication, including controlled dangerous substances – asked Administrator Riehl to get the word out; asked Clerk Ellsworth about Council vote on the Recreation Committee’s itemized list.

Councilwoman Tooker: Animal Welfare Committee wine tasting is at the American Grill May 10th; Barnegat Bay Blitz is May 9th – High School and Antrim students and other volunteers will clean Little Silver Lake; Student Council’s Senior Citizen Luncheon is May 22nd at the American Grill, with a guest speaker from the County; Building Department figures are up from last year – busy, as always – Code Enforcement Task force will be a great addition this summer; called Council’s attention to the Environmental Commission’s request for a liaison for Lake of the Lillies shoreline restoration – maybe an intern from Rutgers or a scientist from Barnegat Bay Partnership.

Mayor Barrella: DEP Commissioner Martin will be at the Ocean County Mayor’s Association meeting on Thursday – asked if Council had questions for him; there was a meeting today on Energy Tax Receipts – referred to a “The Star Ledger” editorial and resident e-mail – hopes something comes of it – will meet next week with Brick Mayor Acropolis and District 10 Legislators.

Administrator Riehl: interviewing for weekend Code Enforcement Task Force – should appoint at next meeting; Boardwalk repairs on southern end started today – should be finished by Memorial Day Weekend or June 5th, at the latest; were awarded $38,500 in Community Development Block Grant funding for Boston Avenue.

2012 MUNICIPAL BUDGET
Administrator Riehl: 2012 Budget was proposed at $13,168,980, up from $11.8M last year –$7.3M to be raised by taxation – 3.1 cent increase over last year – local tax on an average homeowner, assuming $700K assessment, is up $217 – significant operating expenses include $540K increase in debt service, $125K 2011 emergency authorizations, $60K Parking Authority funding, $220K increase in health insurance, after employee contributions, $25K of line painting and striping, and an increases in salaries and wages by contract, arbitration and proposal – levy cap is $7,014,000 and are at $7,003,000 – are well within the appropriation cap limit.
Councilman Mayer: spent a lot of time on this and discussed it with Council – Administrator Riehl did a great job – invited comments from Auditor Swisher (Mr. Swisher: budget has been reviewed and is within all NJ DCA rules and regulations – self-reviewed this year – every 3 years, it goes out for State approval – Council is prepared to adopt) fortunate in this budget year that we re-generated a lot of surplus – had $1.7M to apply – applied $1.2M+, leaving us with more than $400K – discomforting that 25% of the budget is dependent on parking revenues and court fines – bond principal and interest should stay level going-forward – need to address contractual matters (Mayor Barrella: confirmed that the emergency authorization was essentially Operation Rice Krispies) asked for a breakdown of the $540K debt service (Administrator Riehl: $890K in principal payments this year - but $117K of the $540K was for the tax appeal refunding bond).
Mayor Barrella opened hearing to the public.
Marilyn Burke, Point Pleasant Beach (PPB): asked how much parking revenue is generated from 12AM - 2AM (Administrator will check) concerned that 12AM bar closing will affect parking revenue.
Ben Dispoto, PPB: thanked committee for good job during a difficult time, but budget still went up 12% – asked about outstanding debt (Mr. Swisher: debt service is in 2 different funds – current fund and water/sewer utility – in current fund, as of December 31, 2011, permanent financing/bonded debt was $13,455,000) asked how much will be outstanding at the end of this projected budget and plans to get rid of the debt (Councilman Mayer: paying down $890K principal this year) concerned about possibility of parking revenue remaining status quo and court revenue going down (Councilman Gordon: if behavior was better, requirement for Special Officer services would go down; Mayor Barrella: paid the price last year, when the 2009 and 2010 Councils “went on the cheap” with Special Officers – when people start to behave better, still have to pay Special Officers so it continues – it gets a little out of whack) asked if next year’s budget would be smaller (Councilman Mayer: doubts it – health insurance premiums will likely go up – police contract goes up 2¼ – pension is a big budgetary item; Mayor Barrella: if you want principal to go down, debt service must go up; Councilman Mayer: would like to get to a point where we make significant payback on BANs – that’s where any decrease next year would probably go).
Vince Castin, PPB: dangerous to be 25% dependent on parking revenue and fines; lot of homes are assessed at more than $700K – taxes are increasing 12% – doesn’t think many people received a 12% increase in income.
Motion by Councilman Gordon to adopt the 2012 Municipal Budget was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally….YEA
Councilmen Lurie, Reid….NAY
Councilman Reid: taxes have gone up 64% in 5 years – per Councilman Mayer, will probably increase next year – would like to use surplus to reduce the budget – worried about the percentage of parking and court fines.

Mayor Barrella: likely that Ordinance 2012-13 will be tabled – invited questions now, as there may not be a second reading.
Motion by Councilman Mayer to advance Ordinance 2012-13 on the agenda was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Councilmen Mayer, Lurie, Reid and Mayor Barrella….YEA
Council Members Tooker, Gordon, Corbally….NAY

Ordinance 2012-13 (ABC License Closing Times) was considered on second reading.
Barry Moffett, PPB: will be devastating for licensees and other businesses – restaurants and taverns are the country’s largest employers, outside government – ratio is probably greater in this resort area – an extreme measure – only place he can remember seeing this is Gainesville, FL, which had 20 shootings/year – areas of New York, with very high crime rates, have 4AM closings – egregious to enact something like this in PPB – if you close bars early, will lose money from meters and parking summonses – regarding assessments, since there is a surplus, you’re raising constitutional issues – inviting expensive, time-consuming lawsuits – in business, you must be careful of the battles you choose – as a resident, this is not one he would choose.
Mr. Stiso, PPB: in favor of closing bars early – at 3AM, they’re urinating on his and others’ lawns – they leave garbage all over – not concerned about Boardwalk or tavern revenue – if you close bars early, it will alleviate parking – when they stay overnight, they vomit, leave garbage in front of his house and cause all kinds of problems – he has been paying taxes for more than 40 years in PPB.
Pt. Pleasant Resident: opposed to closing bars early or charging them to stay open later – kids would drive around drunk at 12AM, looking for another place to go – more accidents and fatalities.
Marilyn Madden, PPB: town-wide problem – District 4 is not special – against parking stickers.
Dave Cavagnaro, PPB: hearing that it’s better for people to get drunk in PPB until 2AM, rather than leave drunk at 12AM – if people are drinking too much, bars are serving illegally – when an ordinance is passed to prevent defecation on lawns, it indicates a severe problem that’s getting worse – bars can try to help – hasn’t heard anything constructive – if liquor has become the god of PPB, it is already a lousy place to live – shouldn’t give it up to a bar, or accept that drunks or bars rule – if people can’t behave responsibly, should close bars early – if they do a better job this year, let them stay open later next year – Belmar and Sea Girt did it – clearly, their quality of life is important – any business that thinks alcohol is the most important thing for PPB is misguided.
Tom Highton, PPB: lives in District 4 – favors 12AM bar closing – more than $4M/year is spent on Police protection – if things quiet down after 12AM, might be able to cut the Police budget, and that would offset potential lost parking meter and fine revenue between 12AM and 2AM.
John Morrongiello, PPB: asked how many Boardwalk-related complaints are reported after 2AM – opposed to early bar closings – will affect all businesses with liquor licenses and catering businesses – weddings would have to start at 6PM in order to last 6 hours – ill-conceived ordinance.
Kitty Stillufsen, PPB: town has authority to restrict bar hours, but grievances would go to the ABC – asked if anyone reached out to the ABC to see in whose favor they would rule (Mayor Barrella: would constitute an advisory opinion and is pre-mature) she called the ABC, and the gentleman she spoke with expressed “that sounds like a lot of money.”
Motion by Councilman Corbally to table Ordinance 2012-13 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Councilmen Tooker, Corbally….YEA
Council Members Gordon, Mayer, Lurie, Reid ….NAY
Motion by Councilman Lurie to defeat Ordinance 2012-13 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA
Councilman Corbally….NAY

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) OPENED AT 8:16PM

Clerk Ellsworth added 4 items to the agenda; Councilman Lurie: suggested a June deadline for item 1/dd (Mayor Barrella: advised a June 15th deadline and, if not finished, contractor can re-submit request at the June 15th Council Meeting).
Vince Castin, PPB: asked for an explanation of item 1/k asked about the lease amount in item 1/u - asked about lake dredging status (Mayor Barrella: had appointed Councilmen Corbally, Lurie and Mayer to an ad hoc committee to look at Little Silver Lake – have not yet met - will see what State funding is available) silt is building up – getting ugly.
Marilyn Burke, PPB: regarding item 1/j, asked how many have received this certification and amount of the increase; asked about the Borough’s Civil Rights Policy in item 1/k (short version is, you cannot discriminate); asked how much rent was received last year on the Boardwalk lease (Administrator Riehl: about $26K – this year, went out to bid twice – first time, received offer of $7,500/year – second time, received 2 offers, this was the more generous) people have less to spend – that’s why we’re getting less for the property – have to watch our dollars.
Marilyn Madden, PPB: Boardwalk business did not come back because it did not make money.
Kitty Stillufsen, PPB: Earth Day is this weekend – Shade Tree Committee encourages PPB to buy 100% recycled paper – would cost $414/year – also encouraged Council to have a paperless agenda – would save 4-5 cases of paper/year, which would offset the cost of recycled paper, and the human resources involved in making photocopies; in this month’s “NJ Monthly” magazine, our Boardwalk and amusements were rated #1, and our beach #2, by the kind of demographic we like.
Ben Dispoto, PPB: asked if teams requesting use of the Little League fields are Little League Teams (Councilman Corbally: not sponsored by Little League, but the same age); asked about the Court agreement status (Administrator Riehl: meeting with judge on Friday) sounds like delay/drag out/postpone – hearing rumors that Court may not come back (Attorney Gertner: incorrect – still in the process of speaking with the judge and assignment judge); asked if missing swings in Pleasure Park are being replaced (not on the list – will look into it); asked about changes in Ordinance 2012-15 (Councilman Corbally: based on discussions with Lt. Dikun, fees to stay open now apply to headcount beyond the first 200; Mayor Barrella: also, subject to the fire law - establishments have ability to define their own occupancy by shutting off service to certain areas after a certain time) sounds like a lot of give on one side (Councilman Gordon: new numbers are more fair; Mayor Barrella: not about dollars, but quality of life and ensuring we don’t have a repeat of last summer – if establishments voluntarily served less people, it would be a relief to the Police and residents).
Dave Cavagnaro, PPB: asked Councilman Mayer to elaborate on possible special assessment for Boardwalk repairs (Councilman Mayer: received $550K estimate to repair 400’ of Boardwalk – received a $300K FEMA reimbursement grant – discussed with Finance Committee, bond counsel and assessor whether percentage could be assessed – think it can) - asked about Police or DPW (Councilman Mayer: Boardwalk SID could capture some soft costs, but the Special Assessment statute is for a list of physical improvements; Mayor Barrella: spoke with SID consultant, Seth Grossman, the leading expert, who knows of no SID that would pick up the cost of existing services – SIDs deal with add-ons – would take substantial time to get stakeholders together and get this moving – would probably be into the 2013 campaign; Councilman Mayer: agrees that a SID is for supplemental expenditures, but there is an application where it could be helpful for supplemental repair, maintenance and sanitation costs) hopeful someone will look into it; asked when bar licenses renew (June).
Tim Sharkey, Brick: may incur more issues for a longer period, with mass exodus starting at 12AM, rather than 2AM – may need more Police.
Motion by Councilwoman Tooker to close public participation was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) ENDED AT 8:46PM.

Councilman Mayer: with regard to item 1/d, since 1998, have paid $2.5M of Open Space taxes to the County – instructed Administrator Riehl to ask the County what we received in Open Space money for the same period; asked if the League of Municipalities has a position on item 1/s (Mayor Barrella: NJLM Resolution 2011-02; Administrator Riehl: provided 2011 quarterly unemployment statements of claims against PPB, which totaled just under $33K – PPB contributed about $17K to unemployment in 2011 – whenever there is a claim against unemployment, it causes our experience rating to rise) asked for her position on this (Administrator Riehl: would favor it – unemployment claimants are typically crossing guards or Special Officers, who were let go at the end of the season, and seasonal Public Works employees) did not see the Recreation Committee P.O. (Councilman Gordon: provided it to Clerk Ellsworth, who read it into the record: kiln repair, water fountain, ping pong table, 8 picnic tables, counter and stools for craft center, refrigerator, 2 roll-away basketball hoops, field hockey equipment, basketballs, soccer balls, tennis balls, kick balls, pottery & craft materials, white boards, bocce equipment, tennis racquets, etc. for $1,500, and signage for $300) asked why extension is needed in item 1/dd (Administrator Riehl: been working past the noise ordinance limit of 8PM, and been stopping mid-stream, affecting water usage – would recommend allowing it, can revisit if there are a lot of complaints).

Motion by Councilman Mayer, to adopt resolutions covering items listed below, was seconded by Councilman Corbally and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Payment to Brick Utilities for March bulk water usage ($56,592)
b) Payment to Ocean County Joint Ins Fund ($236,220.72)
c) Approval of annual ABC ‘Temporary Storage’ permit application for Chef’s International
d) Payment of 2nd quarter tax levy to the County of Ocean ($1,960,207.26))
e) Scheduled payments of district taxes to the PPB Board of Education ($1,755,094)
f) Payment to the Galvin Law Firm from Planning Board accounts ($415)
g) Payment to T&M Assoc from Planning Board escrow accts ($483.75)
h) Appointment of student representatives to the Open Space Committee
i) Payment to Hertrich Fleet Svc for 2012 Chevy Pick-Up for DPW ($20,692)
j) Salary adjustment for certification as auto brakes and truck drive train technician
k) Affirm Borough’s Civil Rights Policy
l) Approval of ABC Social Affairs Permits for Chamber of Commerce on 6/2/12, contingent upon
adherence to conditions and recommendations provided by the Chief of Police
m) Approval of ABC Social Affairs Permit for Chamber of Commerce on 6/23/12 - 6/24/12, contingent
upon adherence to conditions and recommendations provided by the Chief of Police
n) Approval of ABC Social Affairs Permits for Chamber of Commerce on 9/15/12, contingent upon
adherence to conditions and recommendations provided by the Chief of Police
o) Approval of Payroll #7 ($235,450.12)
p) P O to Dell Computer for 3 police computers ($3180.05)
q) Payment to State of NJ for employee health benefits for April ($103,738.04)
r) Performance Bond Release – Harbor Lights
s) Support A-2454 eliminating unemployment payment to seasonal public entity workers
t) Performance Bond Release – Dunkin Donuts
u) Award contract for lease of bath house/concession stand to Surf Taco
v) Payment to Denise Sweet & Assoc from Board of Adjustment escrow ($200)
w) Approval of curb cut request – 3 Harvard Avenue
x) Approval of curb cut request – 150 Baltimore Avenue
y) Payment of computer generated vouchers ($2,247,102.35)
z) Award of contract for combo sewer cleaner truck to Pierce Equipment ($334,822)
aa) Deny request to place food stand on the Boardwalk (Closed Session Item)
bb) P O for Recreation Committee to purchase supplies and equipment, as listed, not to exceed
($10,600)
cc) P O to Eagle Point Gun for ammunition for Police Academy Training ($16,583.24)
dd) Authorization to relax the noise ordinance to allow sewer lining work to continue to 10PM, on
an as-needed basis, until June 15, 2012
RESOLUTION 2: Authorization to draft a multi-purpose bond ordinance and a water/sewer bond ordinance with the intention of reimbursing the Current Fund from General Capital in an amount not to exceed $14,704.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie*, Reid….YEA
*Councilman Lurie…Abstain (item 1/x only)

Ordinance 2012-15 (ABC License Closing Times) was introduced on first reading.
Motion by Councilman Corbally to approve Ordinance 2012-15 on first reading was seconded by Councilman Gordon and carried by roll call vote. Public hearing will be held May 1, 2012.
VOTE: Council Members Tooker, Gordon, Corbally, Mayor Barrella….YEA
Councilmen Mayer, Lurie, Reid….NAY

Ordinance 2012-16 (Modify ABC License Hours upon Petition by Licensee) was introduced on first reading.
Motion by Councilman Corbally to approve Ordinance 2012-16 on first reading was seconded by Councilwoman Tooker and carried by roll call vote. Public hearing will be held May 1, 2012.
VOTE: Council Members Tooker, Gordon, Corbally, Mayor Barrella*….YEA
Councilmen Mayer, Lurie, Reid….NAY
*Mayor Barrella: incredible that Council’s effort to find middle ground has been subject to so much criticism.

Ordinance 2012-12 (District Four Parking Program) was considered on second reading. Mayor Barrella opened the hearing to the public.
Ron Gasiorowski, Attorney for Martell’s Sea Breeze and Jenkinson’s: referenced the ordinance, letter from Attorney Livelli, and his April 16, 2012 letter to the Mayor & Council, with copies to Clerk Ellsworth and Attorney Gertner – must decide whether Councilman Corbally has a conflict of interest with regard to discussion and voting on this ordinance – outlined his objections and questions (Attorney Gertner: public has a right to understand the Councilman’s position – suggested this is more like a land use hearing than a court – person is not necessarily subject to cross-examination – rules of evidence don’t necessarily apply; Councilman Corbally: pilot parking program will improve quality of life in the area – he did say he believed property values were being hurt in District 4 by the night crowd and the mess they leave behind – higher property values help every stakeholder in PPB – part of his job as Councilman is to help improve property value through safety, cleanliness and lower taxes, and to improve quality of life – is 3rd owner of Barefoot Real Estate – has disagreed with the real estate lobby on various issues – will continue to fight for taxpayers – has nothing to do with his business – if he can’t vote on this because it could improve property values, than no Councilperson can vote on Police or garbage services, which improve property value) asked Councilman Corbally if he knows what “conflict of interest” means and if he believes he has one (Councilman Corbally: knows what it means – does not believe he has a conflict) asked for Attorney Gertner’s opinion (Attorney Gertner: does not believe there is sufficient nexus on this ordinance to disqualify him – remote and speculative).
John Scarfone, PPB: questioned how the 5 parking passes would work (Mayor Barrella: property owner gets 5 placards – fully transferrable).
Lee Scotti, PPB: clarified that placards can be used by non-residents (Councilman Gordon: property owners can distribute as they see fit; Mayor Barrella: owner’s responsible to get them back).
Marilyn Burke, PPB: lives in District 4 – opposed to ordinance – will make no difference if cars pull out at 12AM – asked what fine would be issued to those who do not exit at 12AM (Chief O’Hara: $48 fee for illegal parking) would be cheaper to ignore the meters, park in District 4 and stay there all night – doesn’t think it’s legal or right – isn’t going to awaken her guests to move their cars.
Kitty Stillufsen, PPB: asked what would happen if permits are lost (Administrator will handle) asked about approval process for non-District 4 residents (Councilman Corbally: same as for current parking pass) asked if hotels will get passes (Councilman Corbally: yes) asked about lost revenue from parking meters (Councilman Corbally: can park at any pay spot after midnight) asked where signs would be placed (Councilman Corbally: State statute used to be 250’, but that’s been appealed, so it’s a gray area) asked if permits would be laminated and if they would be mailed out (Councilman Corbally: will be hang tags, and will be mailed) asked for the cost of the mailing and signs (Councilman Corbally: less than $15K for District 4) asked if non-resident could apply for a permit (no) her 2-family house has occupancy for 6, but will only be given 5 passes (Councilman Corbally: can appeal) opposed to this.
Aleta Weinstein, PPB: favors the parking plan – residents need quality of life – her family has called the Police at 2AM – what goes on is appalling – certain Council Members seem to be for citizens, and others for big business – asked Councilman Lurie if his firm still works for Jenkinson’s – he was doing work for them several years ago and, right after, decided to run for Council – heard that another Council Member worked for Attorney McGlynn – could be a conflict of interest, under the Local Government Ethics Law, if any Council Member has a working relationship with Jenkinson’s, Martells, or any other big business in PBB.
Vince Castin, PPB: would like this to include District 3.
Lorraine Tesauro, on behalf of John & Audrey Tesauro, PPB: been affiliated with PPB for over 40 years – “Top of the Inland Waterway” lends itself to a resort town – remembers jockeying parking spots in years past – in District 4, most homes don’t have parking – permits might control it, but doesn’t benefit those coming to enjoy the summer – people might want to enjoy their homes, but their family members have the permits – permits telling you where you can park is unfair – quality of life does not rest in parking, but speaks to the beach and resort area – asked what happens if one loses a placard – can’t vote on an ordinance if there are unanswered issues (Mayor Barrella: there is something missing in any statute – are provisions for appeal – not the Borough’s problem if one is careless with placards) statutes are open to review – it is human nature to lose things – controlling the bar crowd and parking will not create a better quality of life – most municipal bodies want to support their businesses – never had that feeling here and that’s sad – her family served businesses in PPB for over 40 years (Mayor Barrella: asked what she associates with Atlantic City) gambling – but doesn’t associate anything other than a resort town with PPB (Mayor Barrella: Atlantic City is about gambling – PPB is becoming about drinking – Atlantic City is trying to re-brand itself as a tourist location without gambling – asked why this family resort can’t seek to ensure it is not re-established – this ordinance does not affect tourism, but one’s ability to get drunk and wreak havoc – disagrees with Ms. Tesauro on what tourism is) offended that the Mayor categorized her comments with Atlantic City – referenced Ms. Stillufsen’s comments about the beach, Boardwalk and town – problem with people leaving bars only lasts 15 minutes – people get out of hand, but she does not categorize PPB as an alcohol-related town – spoke about the budget – ratables are due to tourism – houses have tremendous value – watched them grow over 40 years.
Tim Sharkey, Brick: grew up in PPB – he is the family of 4 that comes to use the Boardwalk and beaches and patronize the restaurants – PPB is becoming like a gated community – if there is no place to park, he’s not coming back – parking rates are already through the roof – can’t give his kids the opportunity he had growing up – feels he is being forced out (Mayor Barrella: if he parks in a residential area and leaves by midnight, he’s fine – there are municipal lots if he wants to stay later) that makes it unaffordable – forcing families out.
Marilyn Madden, PPB: asked Councilman Corbally how many homes are in District 4 (Councilman Corbally: about 1,188 taxpayers) unusual that we’re pandering to District 4 – only 6 or 8 residents are complaining – asked where the other 1,180 are – doesn’t think they care.
Tom Highton, Jr., PPB: favors the plan – his area resembles long-term airport parking – grew up in PPB – graduated from PPB High School – inherited property here – constructed a new home and moved in on July 4, 2011 – disheartening to have buyer’s remorse on his dream home – believes, at some point, NJ will allow PPB to impose local impact fees – as this program pushes people into municipal and other lots, it will feed the coffers of PPB – a win/win – disheartened that District 4, the lifeblood of PPB, is branded as “squeaky wheels” and a “nuisance” by his fellow citizens, when the Planning Board pandered to a resident complaint about 709 Restaurant serving alcohol until 2AM, and there is residential parking by The Ark – hopes Council votes in favor of this – lovely that PPB is on top of every list, like in “NJ Monthly,” but asked how many “Star Ledger” articles about rival factions of The Bloods fighting on our beaches there will be before that rating starts to decline (Councilman Reid: this was defeated in November – the 3 people who live in District 4 came up with this plan and are pushing it again for District 4 – a lot of people in District 4 do not want this).
Lucille Buonocore, PPB: thinks people from District 4 don’t come to meetings or complain, because it’s always been a losing battle before this year – never got any help – and they pay taxes – heard that Councilman Reid was Attorney McGlynn’s driver, so asked how he can vote – alleged 2 rapes on the beach last summer – lives on the Boardwalk, knows what goes on, and is afraid to walk there at night – her nephew lives in Harborhead and brings his kids to Spring Lake beach because of the language on our beach.
Dave Cavagnaro, PPB: supports this – incredible that some say whatever makes us money is okay, even if someone is urinating or defecating on our lawns – at times, he feels he is being pimped out to make money for certain businesses – came here to fight – thanked Mayor Barrella and Council Members Corbally, Tooker and Gordon for their support – had stands on the Boardwalk in the 1960s – when group rentals came to town, things started to change – they moved into the residential areas and the bars started to change – they cater to a younger crowd with louder music – expansion of the bars along the Boardwalk in the past 12 years is phenomenal – number of bars expanding to outside service continues – comes to every Council Meeting and listens to good, charitable organizations asking to use liquor as a way to generate money – Council needs to take the position that this doesn’t have to be – PPB is a 1-mile-square town with 18 bars – it is perceived that liquor is the way to make money – asked Council to vote for this ordinance – until the bars come up with a way to control their patrons, this is at least a first step – it’s only a 1-year trial – if it doesn’t work, can try something else.
Councilman Gordon: this is a pilot program and there are 4 possibilities: can keep it as is, can change it, rescind it, or expand it – everyone is speculating – no one knows what is going to happen.
Motion by Councilman Corbally to close public participation on Ordinance 2012-12 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid ….YEA
Councilman Mayer: issue has been around for a long time – town-wide parking program was raised in a referendum at the last election and passed in District 4 – people affected will either stop coming or move to the other districts, starting with District 3, then will run out of spaces – asked Councilman Corbally for the status on County approval (Councilman Corbally: County wants us to either approve or disapprove the ordinance and then forward it to them – they meet twice/month) asked if it would be effective and enforced without Freeholders’ approval (Councilman Corbally: yes to both) asked how many signs there will be (Councilman Corbally: estimates 200) there has been an attempt to pit this as “residents against businesses” – we’re all in this together – feels bad for residents who are feeling the impact of closing time crowds) should ratchet up enforcement, go with zero-tolerance – this would be a next step – it’s a 1-year pilot program, but hopes the damage isn’t lasting.
Councilwoman Tooker: been talking about parking for a long time, even before she was elected, because she has lived in District 4 her whole life – things have changed dramatically – it’s nobody’s fault, although businesses have expanded, but society has changed – District 4 residents are suffering miserably – not pleasant anymore – no one should have to live like that – doesn’t understand why people are walking around plastered – not supposed to leave a bar drunk – has had people walk naked down her street, urinate, defecate, leave beer bottles, scream and yell – goes days without sleeping – starts at midnight and continues every half hour – she likes to leave her windows open, but can’t – doesn’t understand why Jenkinson’s doesn’t valet-park in their Inlet lot at night – suggested they run a jitney or party bus from their Broadway property – lots of other options – doesn’t think kids who pay money to stay out all night will balk at $6 for the lot – they’re not going to walk from Atlantic or New Jersey Avenue – it’s a work in progress – can be tweaked or expanded – have to start somewhere – she and her 89-year-old grandmother are tired of it – two of her great-grandfathers were the first merchants in PPB – wants business to thrive – “Top of the Inland Waterway” refers to geographic location – can’t have Police on every corner of District 4 – willing to keep dialogue open.
Councilman Reid: few meetings back, asked Councilman Corbally about parking on County streets, if County didn’t give approval – tonight, he said it would work (Councilman Corbally: County Engineer Scarantino said we could install signs and write tickets on County roads – this still has to go to the County) would like to see what the County has to say – people are not looking forward to all the signs on the streets – it’s always been a people problem – that’s why we spent money to hire 42 new Specials to put one on every corner – it’s going to take care of this – was bad last May, June and July, but in August, Operation Rice Krispies stopped the nonsense – all of a sudden, we’re closing bars early, and we have this parking plan – if people are out of control, they will get a ticket (Councilman Gordon: asked Chief how many Specials he anticipates putting in District 4; Chief O’Hara: could be 15 on a Monday or Tuesday, 30-35 on a Friday or Saturday in Districts 3 and 4, and will have a post downtown; Councilman Gordon: worked for the US Navy, which was so resistant to change, it took 200+ years to put a woman on board a ship – if they can make a cultural change, PPB should be able to – doesn’t understand why people are willing to live with problems, when there is an opportunity to try something – it is not permanent – District 4 has been suffering the brunt of the behavior of people leaving these establishments – this has a chance to work – ought to move forward).
Councilman Corbally: it’s a pilot program – about quality of life – not about putting meters in front of people’s homes, which 2 establishments suggested – could work for the positive, if owners would park patrons at night, as they do during the day, but they don’t want patrons in their lots at 1AM or 2AM because it’s a liability – becomes PPB’s liability when patrons leave their premises – they run great establishments, but residents need to come first – time to give this a shot.
Motion by Councilman Corbally to approve Ordinance 2012-12 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Corbally and Mayor Barrella*….YEA
Councilmen Mayer, Lurie, Reid….Nay
*Mayor Barrella: not about tourism – we want tourists – behavior needs to be addressed – will let the Freeholders know this is coming – they sanctioned the sale of parking spaces in Seaside Heights – if they don’t sanction signs on County roads, they’ll have some explaining to do.

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 adopt Ordinance 2012-14 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Motion by Councilman Lurie to approve use of ball fields by a) Point Pleasant Beach Outlaws, b) Point Pleasant Beach Patriots, c) Point Pleasant Beach Riptide and d) Point Pleasant Thunder, contingent upon final approval of dates by Little League, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

PUBLIC PARTICIPATION PERIOD OPENED AT 10:11PM

Lee Kelly, PPB: JCP&L doesn’t know why there was a power outage on Easter – concerned about infrastructure, second outage this year – his block is still dealing with electrical service for 6 houses – there are 12 now, all with air conditioning or central air – still have the same transformers – asked Council to investigate, as air conditioning season is approaching (Councilman Reid: can write a letter to JCP&L and they can send someone to the next meeting to explain) could be very serious.
Mr. Conti, PPB: called WOBM radio station on Easter about the power outage – WOBM called JCP&L, who said they were aware of the problem in Point Pleasant, Bay Head and Silverton – WOBM made an announcement – he was then informed by the PPB Police that they were aware of the problem and not to panic – complemented the Police (Councilman Mayer: that was Reverse 911; Administrator Riehl: it’s through Emergency Management – you have to register for it).
Tim Sharkey, Brick: PPB is left out of the Verizon FIOS loop (Councilman Corbally: has spoken to Verizon people, not the higher ups – said they have no plans to come here) PPB residents deserve what everyone else is getting – suggested Council reach out to Verizon, who has a statewide franchise (Attorney Gertner: if an appeal or inquiry is necessary as to why, despite the statewide franchise, this locality is not being provided the service, it goes to the Board of Public Utilities – either he or the Administrator can start the communication; Mayor Barrella: absolutely).

PUBLIC PARTICIPATION PERIOD ENDED AT 10:20PM

Meeting was adjourned at 10:20PM by consent of Council.


TRANSCRIBED BY: Eileen Farrell, Deputy Clerk


ATTEST: Maryann Ellsworth, Municipal Clerk


Published May29, 2012 | Council Minutes | 1385


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