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May 15, 2012

MINUTES

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

Motion by Councilman Mayer, to enter closed session to discuss negotiations and new 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 6:39 PM and ended at 7:12 PM.

Mayor Barrella called the regular meeting to order at 7:15 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 Mayer to approve the minutes of 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

Department head memos and correspondence were discussed, with items moved to agenda for action; Mayor and Council asked that Historic Preservation Commission Chairman come to next Council meeting to discuss drafting an ordinance encompassing preservation of buildings and other landmarks of historic interest and importance; regarding Super Taste Restaurant request for 15-minute parking spot, Mayor and Council recommended getting the Parking Authority’s thoughts on establishing three 15-minutes spots in the municipal lot behind the Valentine House, which would benefit all area businesses; Councilwoman Tooker inquired about a spot in front of the Methodist Church, which is painted yellow, but also striped for parking (Administrator Riehl will look into it).

COMMITTEE REPORTS:

Councilman Reid: asked Council to consider Engineer’s letter regarding car port and solar panels and possible feasibility study.

Councilman Lurie: reminded all that annual Memorial Day parade is May 26th.

Councilman Corbally: DPW will put railroad ties with rebar at Loughran's Point sidewalk and back fill with sand – not a permanent fix – will cost less than $1500 and take less than 2 days (added to agenda); DPW has suggested adding bins at recycling center for hard plastic and electronic recycling – will be mandated by the County at some point – will take up 16 parking spots in railroad lot – will also serve to enclose the cat trailers (Councilman Reid: asked for cost; Administrator Riehl: about $1,000) will come back next meeting with cost to move fence, etc.; since 2008, trees have been pushing up pavers downtown – reached out to Shade Tree for help and advice (Councilwoman Tooker: most Bradford pear trees were planted there 25-30 years ago and only live that long – been tagging and replacing the worst – may need to speed up program – spoke with County and they may be able to give us additional trees) recommended speaking with both Shade Tree Committee and DPW Superintendent Trout to establish a plan; web site process should be finished by summer’s end; poles and signs for District 4 parking plan will be up by June 15th – suggested starting enforcement then – residents on town streets will be getting letters by end of next week – will be giving warnings the first week per Chief O’Hara – would like to make it illegal to sell passes, make Silver Lake lot free 11PM-6AM and give passes to District 4 businesses, with business name on them, for employees who work after 11PM – all other passes will display the homeowners’ addresses and will be transferrable – all appeals will be in writing – forms will be available online and at Borough Hall – signs not going up on County roads (Councilman Mayer: asked Lt. Dikun if this is adequate direction for the Police; Lt. Dikun: will do the best they can).
Motion by Councilman Gordon, to introduce and approve Ordinance 2012-20 (Amending Chapter IX, Traffic, as to changes to the District 4 Pilot Parking Program) by title on first reading, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Corbally and Mayor Barrella*….YEA
Council Members Mayer, Lurie, Reid….NAY
*Mayor Barrella: had discussion with Freeholder Little and wrote him a letter stating that the County has legal authority to implement this on County roads – asked them to, at least, do Baltimore and Chicago – they said it would adversely affect County taxpayers and tourism – brought up Seaside Heights, which leased parking spaces on County roads to their residents and the County approved that – County Administrator Block said he would look into this – our research indicates that on about 80% of Seaside's County roads, Seaside residents are permitted to lease spots, allowing no one else to park there – raises serious ethical issues about who's running the County, etc., and serious issues beyond that – everyone knows one person controls Ocean County and the Freeholders.

Councilman Mayer: Administrator Riehl is getting him a summary of the last Open Space Committee meeting – at last Finance Committee meeting, reviewed the voucher process and discussed returning to system of standing committee members reviewing vouchers from their departments (Mayor Barrella: worth doing, but Council members’ schedules could make it difficult) – spoke about Parking Authority and sent Administrator a Parking Agency ordinance, which he would like to consider at the next meeting – discussed negotiations, Court shared services, and asked Administrator Riehl to comment on the side agreement with the Boro to provide security at our expense (Administrator Riehl: cannot comment) – next meeting will be June 5th at 5PM.

Councilman Gordon: provided police activity report for last two weeks – there were 9 arrests for offenses including possession of controlled dangerous substance, possession of drug paraphernalia, simple assault, contempt of court, harassment, criminal mischief, trespassing, and DWI – 6 people were arrested on outstanding warrants from other jurisdictions – responded to 36 First Aid calls and 11 motor vehicle accidents; asked if there was a resolution from the union about hiring a dispatcher (Administrator Riehl: in negotiations – will be a side bar agreement); delay in Court shared services is costing us a lot of money as well as dispatcher OT – need a quick resolution; Clerk Ellsworth has contacted our insurance provider about the vandalized park equipment, per the Recreation Committee – adjuster will be coming out and asked for list of affected property and equipment; PPB High School Spring Concert will be at Antrim School on May 24th (Mayor Barrella: asked Lt. Dikun if Special Officers can be used to man the dispatch desk; Lt. Dikun: it’s in the works).

Councilwoman Tooker: provided Building Department revenue figures for April; was proud of all the students who cleaned up in the rain during Barnegat Bay Blitz; AWC had its wine tasting at the American Grill; Senior Citizen luncheon at the American Grill next Tuesday; town-wide garage sale to benefit Project Graduation is June 2nd.

Councilman Gordon: a north-end resident, wrote Council a letter with concerns about the Boardwalk – asked that Special Officers be pre-positioned on the north end during times when issues occur – spoke to Chief O’Hara and he’s agreed to do so – would like to gather area homeowners for a neighborhood meeting to introduce them to the Officers in order to develop a rapport.

Administrator Riehl: announced hydrant flushing May 21-June 11, weekdays only, 9AM-4PM; Boardwalk repairs on southern end are on schedule – contractor is working independently with the condo association there to shore up the bulkhead – anticipating completion by Memorial Day weekend, or June 5th at the latest – if not finished by June 5th, they will start paying daily damages; there is a link to the Emergency Notification System on our website – anyone can enter their contact information to receive notifications from the town (Councilman Corbally: asked that it be advertised in the newspaper); Borough employees wishing to sign their children up for the park program were turned away – we have allowed their enrollment for at least the last 10 years – wants it on record that it is still not a problem (Councilman Gordon: need to annotate that or abide by what current ordinance reads) Administrator Riehl: has been done by resolution in the past – they do pay the full rate (added to agenda); (Councilman Mayer: asked about concession stand lease on the Boardwalk) prior tenant has vacated looks really nice– went over some changes that Surf Taco wishes to make, in terms of equipment – they are anticipating being open and serving breakfast by Memorial Day weekend).

Mayor Barrella: need to schedule an Executive Session for June 5th – no action will be taken (added to agenda); was asked by NJ League of Municipalities to testify on S-1914, Sen. Sweeney’s bill dealing with impact fees – stressed to the Committee on State Government and Tourism that our impact fees, particularly those embodied in tonight’s ordinance, as well as other fees relating to seasonal needs, are not within the scope of that bill – Senators Whelan and Sweeney were of the opinion that extraordinary police and sanitation services, such as we provide, are not within the intended scope of that bill – nice to have Committee chair say that on the record – PBA was there, along with other State employee groups testifying about changes in disability pensions; asked Councilman Reid, in light of County’s position on our ability to regulate parking past midnight on County roads, if he believes the residential parking pass he proposed, and Council adopted, should be sent to the County for approval, since residents are getting a preferential rate to which not all Ocean County residents are entitled (Councilman Reid: Mayor can do what he likes – anytime he can help a residential taxpayer, he’ll stick to it – agrees with the letter the Mayor sent to the County today, saying that without Baltimore and Chicago Avenues, the parking plan is not very good, because people still have to walk through District 4) okay for Councilman Reid to ignore the County position on the parking pass program that he proposed, but he’s got a problem when the County says “no” to a parking plan to benefit residents and improve their quality of life (Councilman Mayer: not the same thing – doesn’t think the parking pass ordinance should be sent to the County for review; Councilman Reid: have a parking pass plan in place that people are very happy with – if the Mayor wants to put it together with the flawed District 4 pilot program, he can) doesn’t see a difference – either way, providing a preference to residents over non-residents – thinks Councilman Reid’s solution, to ignore the County in this respect, is the right answer – if the Parking Pass ordinance was sent to the County, the County should approve it, as well as parking restrictions on Chicago and Baltimore Avenues (Councilman Reid: Mayor Barrella ignored the County’s February 15th letter and didn’t share it with anyone – he is not ignoring the County; Councilman Corbally: County said they needed an ordinance or resolution before they could act) Mayor Barrella: hasn’t seen the letter – it came in to the Clerk’s office – was not sent out until February 28th – he missed it in his e-mail – it was never opened (Councilman Reid: a Council Member asked another Council Member on the dais if we heard from the County after the January letter was sent, and the answer was “no”) had some other questions about leaked documents.

Clerk Ellsworth added items to the agenda and revised dates in Item 2/h.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) OPENED AT 8:13PM

Ben Dispoto, Pt Pleasant Beach (PPB): asked about item 2/h; asked about dates for next few meetings.
Marilyn Burke, PPB: asked Councilman Gordon whether crime was going up or down in PPB (Councilman Gordon: doesn’t know; Lt. Dikun: typically don't keep analysis except Memorial Day-Labor Day weekends – State Police provides a Uniform Crime Report annually) asked about Little League ball park and drainage problems (Councilman Corbally: Engineer Savacool will be at next meeting to answer questions) asked if facility is okay to use (Councilman Corbally: when it rains, its out for 2 or 3 days, but otherwise it’s great).
Dave Cavagnaro, PPB: regarding signs on County roads, asked if anyone has considered the Home Rule law (Mayor Barrella: we have control of our streets – State statute cited in Ms. Benson’s letter, is that municipalities can impose restrictions on County streets with County approval) concerned that Freeholders have not voted on the ordinance – suggested placing signs on the streets and see what the County does – if they disapprove, then question the spots being leased in Seaside – some assume that no vote means they’re opposed – to him, it means they don't want to get involved – should test the theory; Council had requested a written proposal from Mr. McGlynn – asked if it was received (Mayor Barrella: doesn’t want to comment on what were confidential negotiations) would prefer to get information from a reliable source, rather than from newspapers or TV (Mayor Barrella: no legal document was received – all we have is something that was e-mailed on May 10th, that was dated May 9th).
Kitty Stillufsen, PPB: asked that Recreation Committee’s fishing event at the Inlet be held on Saturday morning, instead of Saturday night – impacts parking for local businesses (Councilman Gordon: will bring it before the Recreation Committee to be addressed).
Peg Born, PPB: surprised that there are provisions for Borough employees’ children to attend the Recreation program – opposes this because non-resident Antrim students have been turned away – should be all or nothing (Councilman Gordon: suggested addressing the ordinance; Attorney Gertner: suggested adding to the agenda, approval for non-resident Antrim students to apply to the program – depending on the number of applicants, can decide whether it is feasible – first reading of ordinance amendment can be heard at the next Council Meeting).
Glen Paesano, Recreation Committee Chairman: been interviewing for counselors for almost 3 months – have to go through background checks, which takes time – number of counselors is based on number of children – based signups on what we had last year – designed for 200 kids – been asking for the parameters and no one has gotten back to him – ordinance says “residents and taxpayers only” – won’t have time to hire more counselors if applications are still being taken – if it balloons to 300 kids, will affect the experience of the kids who live in town – this is run by volunteers who want to benefit their own children, not those from other towns – taxpayers should not be paying for other people’s kids (Administrator Riehl: never saw an e-mail – heard about this yesterday at 4:30 PM) he spoke to the Mayor (Administrator Riehl: employees pay the full rate for their kids, and the ones who are coming this year have already been in the program, they’re not additional kids; Mayor Barrella: we’re taking applications – doesn’t mean the kids will get in; Attorney Gertner: proposed resolution is the Recreation Committee be authorized to accept applications from the parents of children who attend the Antrim School, as well as from employees).
Tom Highton, PPB: thanked Mayor & Council for passing the parking ordinance – means a lot to District 4 residents, as a means to restore civility – hoping business interests realize it is a small step in doing the right thing for the people of PPB.
John Szafranski, PPB: asked if PPB has County approval for meters on County roads, and if that can be a basis for County approval for the parking plan on County roads (Mayor Barrella: the County has decided they don’t want to allow it – it’s not that they can’t allow it).

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) ENDED AT 8:39PM.

Councilman Reid: asked to have 1/c considered separately; Councilman Mayer: asked about 1/r (Attorney Gertner: based on the format approved last year dealing with First Amendment/Special Event issues – trying to address, globally, the Special Event/Public Assembly ordinance) will abstain because he doesn’t have enough background – asked Administrator Riehl for background on the overtime; Councilman Gordon: asked about 2/a; Councilman Mayer: asked about item 1/d.
Motion by Councilman Lurie, to adopt resolutions covering items listed below, was seconded by Councilman Corbally and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Determine form and other details of NJ EIT bonds for combo sewer cleaner truck
b) Authorize NJ EIT bond execution and delivery
c) Removed for consideration as Resolution 4 (Oppose S-1914)
d) Support S-1900
e) Payment to Denise Sweet from BOA escrow ($200)
f) Payments to T&M Assoc from escrow accts ($6581.08)
g) Payment to Guardian Tracking for tracking software ($2100)
h) Payment to Brick Utilities for April bulk water usage ($54,633.49)
i) P O to Devo & Assoc for Parkfolio airtime for meters ($18,028)
j) Payment to Devo & Assoc for parking meter repair ($12,727)
k) Payment of second quarter 2012 installment to OCUA ($329,970)
l) Payment to Meridian Health for special officer physicals ($5609)
m) Payment to Allcomm Technologies for quantar police repeater repairs ($3810)
n) Approval of Payroll #9 ($228,078.50)
o) Payments to the Galvin Law Firm from Board of Adjustment escrow accts ($837.50)
p) Release dewatering bond to Pool Dr. ($100)
q) Approve Pt Pleasant Chapter Deborah S/E app for ‘Flea Mkt/Craft Show’ on 6/16/12
r) Authorize MOU with Grace Tabernacle Bible Church for Boardwalk Ministry
s) Payment to Jersey Truck Equipment for dump truck body ($6289)
t) P O to Devo & Assoc for pay machine paper ($2700)
u) Approval of Jan – April hand checks ($6,413,334.99)
v) Approval of Elks ABC Social Affair Permit for Oktoberfest on 9/15/12
w) Refund to Chase for tax overpayment ($4295)
x) Appointment of part-time clerk in the Municipal Clerk/Registrar’s office
y) Re-appoint Guy Dempsey to the position of Emergency Mgt Coordinator
z) Payment to Ronan Agency for renewal of recreation accident policy ($3,500)
CONSENT RESOLUTION 2:
a) Re-establish Municipal Alliance Committee (MAC)
b) Appointment of Donna Destefano as MAC Coordinator
c) Authorize MAC to apply for 2012 Grant
d) Appointment of Meg Parisi to the MAC
e) Approval PPB Recreation Committee S/E app for “Family Smores Night” on 5/27/12 & 9/8/12
f) Approval of computer generated vouchers ( $452,376.06)
g) Authorize water flushing program from 5/21/12 to 6/11/12
h) Approval of NYU Student Filming in PPB, 05/29/12 through 05/31/12
i) Approve Recreation summer program salaries
CONSENT REOLUTION 3:
a) Approval of water/sewer bill relief at 122 Ocean Avenue
b) Approval of use of trailers at CVS, adhering to recommendations of Code Enforcement Officer Petrillo
c) Investigate with the Parking Authority the possibility of establishing three 15-minute parking spots in the Parking Authority lot behind 605 Bay Avenue
d) Establish an Executive Session meeting on June 5th at 6:30PM, with no action to be taken
e) Authorize DPW to effect repairs at Loughran Point Park. not to exceed $1,500
f) Authorization for Recreation Committee to accept applications for the Summer Recreation Program from the parents of children who attend Antrim School, as well as from Borough employees
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid….YEA

Motion by Councilwoman Tooker, to approve RESOLUTION 4 (Opposition to S-1914), was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally….YEA
Councilman Reid….NAY
Councilman Lurie: No Vote, as he had stepped out for a moment

Mayor Barrella: regarding S-1900 – 30% of our tax increases in 2008-2012, is a result of the state siphoning energy receipts tax – had they funded it according to the formula in place, our tax increase for 2007-2011 would have been 78% less – failure to fund energy receipts tax has cost PPB taxpayers $800K over the last 5 years, and by not doing the formula, in excess of $1.5 million.

Ordinance 2012-15 (ABC License Closing Times) was considered on second reading. Mayor Barrella opened the public hearing.
Barry Moffett, PPB: concerned about the 1,000 town business employees who could be affected if bars are closed early – mistake to placate a small number of people who knowingly moved into a resort area/entertainment district, and hurt all the people who work here and the numerous businesses – resort businesses have a short window to make money and survive – excellent idea to accept the Boardwalk’s offer, rather than subject the town to ongoing litigation –appears that the issue of the streets is really a non-issue, with the County owning the streets (Councilman Corbally: asked if he or his business does business with the Boardwalk) no.
Donna Entrichel, Brick: has worked as a bartender at Jenkinsons for more than 20 years – asked Council to consider the workers who are going to suffer in this economy – the college students trying to offset the cost of their education, the single moms trying to provide for their children – makes 80-85% of her money between midnight and 1:30 AM.
Tom Highton, PPB: with respect to Mr. Moffett’s comments, purchased his house 47 years ago and has lived there full time for 29 years – unbelievable how the Boardwalk and that neighborhood have changed – this is a residential town first – resents that it is called a tourist town – finds Boardwalk offer an insult – Specials budget is approx $400K and they are offering $165K – the fact that 82 Special Officers are assigned to work primarily in the 3rd and 4th districts, and the Chief said that last year was the worst he has had in 28 years in this community, should send a message – those losing jobs should not blame the Governing Body and residents, but the Boardwalk – 4th District has been fighting for changes for 10 years – had petitions years ago and the Boardwalk has not responded – they’ve expanded – it’s unfortunate that some will lose their jobs, but he has gone door-to-door on Cooks Lane, Parkway and Central Avenue, and everyone he spoke to was in favor of the pilot parking program and the early bar closing ordinances – it’s not just a few people.
Marilyn Burke, PPB: opposes this – doesn't think Council is doing this for quality of life, but to get more money from people on the Boardwalk and from parking – been a vendetta going on for a while between some on Council and the Boardwalk – Boardwalk has provided good, clean jobs – not just the town has changed in 45 years – everything has – it’s the media and what's being promoted everywhere – we have lost our sense of values – lot of the young people go up to the Boardwalk half stoned, because they can’t afford the liquor on the Boardwalk – let’s not blame the Boardwalk for what the kids are doing before they get there – if more Specials were walking the streets, quality of life would improve – urged Council to think of the implications before voting.
Albert Edsel, Pt. Pleasant: has worked on the Boardwalk for more than 11 years – that two hours makes a difference in his income – just had his sixth child - is going to leave town, as will 155 other people he works with.
John Cheasty, PPB: all know we have a quality of life issue here – last year, the Chief asked for extra officers to enforce it – have 40 extra Specials – have them enforce our ordinances and soon, word will get around that if you come to PPB and break the law, you’ll get a ticket.
Kitty Stillufsen, PPB: asked how much the Boardwalk offered (Councilman Mayer: $160K/year for 5 years – up to $800K) and asked if there were stipulations(Mayor Barrella: Special Events are included in the proposal); Council should recognize that the battle has been won on their part – should give them first year as a trial – would like to see woven into this that the entry at the north parking lot be moved slightly north to alleviate traffic – don't want any more legislation making infractions upon business and progress in this country.
Mike Ramos, PPB: appreciates the negotiation, but asked what would happen in 5 years (Mayor Barrella: what we know, you know) quality of life would be the same in 5 years.
Peg Born, PPB: hopes that Council accepts this very generous offer towards quality of life – will help police all areas of town – other districts have quality of life issues, as well – what Council decides tonight will have long-term effects – urged Council to be cautious because houses will be empty – people will not come if there are so many restrictions in terms of parking and bar hours – tourists drive revenue for parking, restaurants and motels – can do a lot to promote quality of life with $160K/year.
Frank Kinneavy, Sea Girt: owner of Frankie’s Bar & Grill – his other business, Rod's Tavern in Sea Girt, was closed at 12AM in 1984 – have seen what it does to a town – has seen the same problems in Sea Girt, and 12AM closing will not solve them, but create more – it's not when you sell alcohol, but how you sell it, to whom you sell it, and how you supervise who you sell it to – the answer is to get everyone, including the Police, District 4 residents, restaurant and bar operators, and Council, to work together, not against each other, logically and unemotionally – need to analyze the problems – 12AM closing will cause PPB to become extremely dangerous – Sea Girt bars empty out approximately 300 people at 11:30PM – they fly out of Sea Girt to get to a bar in Manasquan before the line starts – Boardwalk may empty 5,000 to 7,000 people – large percentage will come back into town at 2:30AM because they have group rentals – if he owned a business on the Boardwalk, he would not let people leave the beach and would do any kind of promotion he could at 4PM – people would drink 4PM-10PM – will have problems 6PM-8PM in District 4 when people are having cook-outs – have offered to be on a committee – guarantees he can solve 60-70% of the problems – 12AM closing will ruin this town, emotionally dividing it – suggested the whole town be allowed to vote on it as referendum.
Lisa Mueller, PPB: asked what effect the Boardwalk’s offer would have on each taxpayer (Mayor Barrella: savings of about $4/month on an average assessed house of $700K) residents’ quality of life should be foremost in Council’s mind.
Aleta Weinstein, PPB: not easy to stand before many and speak – has no agenda – is just a community member – her dad wanted a better life for his family and built here in 1964 – he said one of the best things was to open your window at night and hear the ocean and feel the ocean breezes – her family hasn't been able to open their windows for more than 5 to 8 years because of the drunken raucous behavior – she can relate to the woman who is in fear of losing her job, but something has happened here – 2 weeks ago, the Police had a lineup of 8-10 people on the corner of Niblick and Boston – unbelievable drunks with no respect for the Police – a week ago, 4 women relieved themselves in her family’s backyard and 3 guys were urinating at 2:15AM on the property – she and the neighbors are out picking up bottles and toilet paper in the mornings – it’s disgusting – the Jenkinson family ran it differently – there were no cars on the streets at 11:30 PM and the residents were able to get some sleep – thanked Mayor Barrella and Council members Tooker and Corbally, on behalf of her family, for pledging to keep the residents in mind – also thanked Chief O’Hara and Lt. Dikun for the fine Police force – an officer personally cleaned human fecal waste from porch – a lot of fights – worried about someone getting killed – also worried about someone in town being really ill and seriously in need of medical help, when there are so many First Aid calls about the drunks.
Anne Lightburn, PPB: difficult decision – many balls in the air – restricting parking, closing bars at midnight, collecting fees from bars to stay open late – have offer from Boardwalk – applauded Council for bringing this to a head, but cautioned them from enacting laws to close bars at midnight – asked that they abandon the parking plan because of the court case – there is a problem in this town – would like to see the bars put on probation this summer and see if the town can police the problem with the money the Boardwalk has offered – bars have to control their own crowds, bartenders and bouncers, and start cracking down on the clientele – recommended tabling the ordinances – if the Police report that there haven’t been improvements by Labor Day, talk to the residents and, perhaps, close the bars at midnight in 2013.
Lorraine Tesauro, representing John & Audrey Tesauro in PPB: heard many reasonable, passionate and contentious reasons why this ordinance should and should not go forward – doesn’t envy Council who must make decisions which affect residents, businesses and tourists – this is a residential town with tourism as its businesses – humbled by the business owners in attendance – they represent the constituency that provides revenue for PPB – quality of life is a subjective issue – the Boardwalk is the second largest employer in Ocean County – will not create a better quality of life with the parking program, but a hardship for the people who come here – does not associate PPB with bars and drinking, but as a family resort town – nothing this ordinance will do will change her opinion – urged Council to consider the perhaps negative impact it will have on this town’s revenue – once you do something to modify the ability of a business to operate to its fullest potential, you will start to incorporate changes to other areas of business in town – that’s the responsibility and choice of the business owners, not Council.
Linda Dedreux, PPB and part-owner of Broadway Bar & Grill: asked when people stopped being responsible for themselves – blaming bars and restaurants for people being drunk and urinating – she prides herself on insuring that no one gets over-served – her bartenders just became TAM certified – it’s the people who are responsible for doing bad things, not the bars.
Gene Moran, PPB: agrees with Ms. Tesauro that Council has a tough job on its hands – other towns who don’t serve alcohol survive – has heard that Ocean City, NJ business is doing better than ever – they don’t serve liquor publicly – doesn't buy the idea that PPB will go into a financial tail spin by restricting liquor sales – thinks more families will be willing to pay higher rentals and come here for longer time periods if they don't have the problems that have been explained here tonight – doesn't blame the bars, but the people who over-drink and act in an uncivilized manner – that’s not acceptable – excessive serving of alcohol to many people, leads to uncivilized behavior and most of the problems that have been presented here tonight.
Dave Cavagnaro, PPB: asked if discussions about covering special event fees with this money includes a promise to fill-out applications (Councilman Gordon: we offered a baseline of events that would be paid for – anything above that would require an application) asked, if people are going to bars half drunk, how they are getting in – they are not doing their jobs at the bars – the Mayor put everyone on notice last year that we’re not going into another bad summer and we needed to work together and come up with a plan – he attended meetings between businesses and residences – repeatedly heard “How do we get more parking for the Boardwalk?” – businesses were not willing to restrict additional parking in the residential areas – also heard “How can we contribute towards Police?” – to date, we have received no contributions to the Community Endowment Fund from the Boardwalk – also heard that this is a tourist town and that’s the way it has always been – when a governing body has to pass an ordinance that prohibits public defecation, it indicates that we are at a critical point – is sorry for the people who might lose their jobs – encouraged them to ask their employers to do a better job – Belmar faced this issue and closed its bars at 12AM for a year and it’s been better since then, because everyone understood that the power rests with the Governing Body, not someone with a big checkbook – urged Council to pass the ordinance and close the bars at 12AM – they have a summer to do better.
Bill Hagen, Eatontown and bartender in PPB: people aren’t being held accountable for their actions – impacts him, his co-workers and business owners – employers trained them with TAM certification – trained on when to cut people off – they do their best – they don’t want to deal with the drunks either – there are a lot more people who don't cause problems – not fair to punish many for the actions of few.
Motion by Councilman Corbally, to close public hearing, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA
Mayor Barrella opened discussion to Council for debate – starting alphabetically.
Councilman Corbally: the ordinance needs to be passed tonight – thought there was an agreement at the last Council Meeting that there would be something from the Boardwalk for the Mayor to sign tonight – a joint effort to move forward – didn't transpire – still working on it – proposal he read in the “Ocean Star” to take $40K for Special Events is a good start – should put that into legalistic terms and move forward.
Councilman Gordon: took a balanced approach to negotiations – commended the bar owners who participated – acted like gentlemen – there were too many lawyers in the room, in his opinion, on both sides – lawyers muddy the waters – it’s quality of life versus financial gains – has always thought of the parking plan as a quality of life issue, and the bar closing/mechanism to stay open early as a financial decision – have all heard the issues our taxpayers have with individuals behaving badly – doesn’t blame the bars – it’s the individuals’ responsibility – taxpayers pay a lot for Police to maintain good order and discipline, so bars can stay open until 2AM – disappointed that, when the ordinances were carried, Council gave the Boardwalk two weeks to come forth with a solid plan –their lawyers did not do what was promised – now the burden is on Council to make a decision that will impact a lot of people – has not given up on negotiations – believes there is a solution, but is unwilling to continue kicking this can down the road, due to stall tactics – would rather move forward with this closing plan, with the caveat that we can still work this out – he put the onus back on the two businesses to come back to Council with an appropriate plan to appease both taxpayers and businesses and on the other businesses to put pressure on the lawyers – does not scoff at the fact that $800K is a generous offer – doesn’t like that it’s a finite plan – impacts every taxpayer when we have to pay for 60-80 extra Police Officers so businesses can stay open and make profits – no one begrudges them doing that, but those days are over – it’s all about fair share right now – proposed that the cost to stay open be based on cost of our Specials labor – more than 42% of citations are written between midnight and 3AM – more than 50% between 11PM and 3AM – that's where the foundation for that number came from – doesn’t want this to stop after 5 years – it’s ongoing – if the situation gets better, the impact on the Boardwalk goes down – implored Boardwalk lawyers to come forward to Council with a legitimate plan, so they can repeal the midnight closing.
Councilman Lurie: this has caused a lot of damage in the last 4 months – has divided the town and hurt our image – has put business owners against other people – has hurt PPB and NJ – PPB has one of the lowest tax rates in Ocean County and maybe the State of NJ, because of $3.2M in parking revenue – if we lose it, every resident’s tax rate will go up.
Councilman Mayer: PPB is a residential and resort town – has potential to be a cultural change, and a negative to the tourism industry – financial consequences are unclear – we are very dependent on parking and fine revenues, and this threatens it – his approach would be to table with instructions to Attorney Gertner to finalize the agreement – $160K/year for 5 years is a substantial amount – fears that any other approach threatens it.
Councilman Reid: agrees with Councilmen Lurie and Mayer – proposal on table in good faith – should be voting on this and not damaging business – damage has already been done – it was on Channel 4 News this morning that Pt. Pleasant Beach is closing its bars – getting e-mails from people all over the state who are very leery of what is happening here – sending a message, if we vote this, that we are not open for business and that’s not good – it’s a people problem – have 88 Police Officers this year – more than 30 will be in District 4 – can put one on every corner – it’s not just the Boardwalk – other restaurants and bars will be hurt by this – table this ordinance and talk about mechanism to make it work and move forward with it.
Councilwoman Tooker: echoed Mr. Cavagnaro and Councilmen Gordon and Corbally – been talking about this for several years – been committees for last year – someone's been dragging their feet for a year – not a lot of impetus to get something done – last year was the probation period – this offer is not in writing, so there's nothing to vote on – need to get it hammered out – recommended passing this – it can always be rescinded – other towns have done this – damage has already been done in the shift of families not coming and getting more of the "Jersey Shore" crowd –people feel that PPB isn’t someplace you want to be anymore – has lived here for 46 years – things have changed, but we need to do what needs to be done to make things livable – get it in place for real, with all legal ramifications in place, and let’s ask Mr. Kinneavy to participate.
Motion by Councilman Corbally, to adopt Ordinance 2012-15, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Corbally and Mayor Barrella*….YEA
Council Members Mayer, Lurie, Reid….NAY
*Mayor Barrella: what he hears from those who oppose this ordinance are things like, “It’s going to hurt the tourism industry.” and “I’m going to take my business out of town.” and “We’re going to have more problems with people partying in houses.” – the tourism industry in PPB is much larger and much more vibrant than a few bars – have the fishing industry, beaches, Boardwalk – loves seeing families going to the beach – he never hesitated to let his daughter go to the Boardwalk when she was 14 – doesn’t think many parents would let their kids go to the Boardwalk at 9PM or10PM anymore – tourism is not all about 12PM-2AM – you’re talking about the liquor industry, not the tourism industry – objections to this ordinance are about what it’s going to do to the liquor industry – maybe probation is a good thing – heard Frank Kinneavy, whom he has a lot of respect for, say you have to attack the problem systemically – bar operators have to be more careful to not allow drunk people into their establishments and not to over-serve, but to be good neighbors – there is room to reach a solid agreement that assigns responsibility to those who drink too much and those who serve alcohol to those who drink too much – if we take money without adequate assurances of corporate responsibility, will end up with someone saying “We got the money. Why don’t we fix the problem?”– we didn’t create the problem – we’re trying to deal with it in a way that doesn’t hurt people – last meeting, there was a cordial exchange between Mr. McGlynn and himself – was disappointed and feels negotiations were set back 4 days because of grandstanding by sending proposal to the newspaper before it was sent to Council – had he and Mr. Gertner gotten it, they could’ve worked this weekend to get something done – understood if Mr. McGlynn needed to file a protective lawsuit because the statute of limitations was running, but the lawsuit wasn’t filed on the 45th day, but the 19th or 20th day so, going into discussions, the first thing he got is the filing of a lawsuit – but they came up with an offer that can't be worked with – Mr. McGlynn said he would understand if we voted tonight to adopt 2012-15 and continue to talk, going forward, because the time has come – Mr. Gertner can make phone calls tomorrow to get this resolved.

Motion by Councilman Gordon, to amend proposed Ordinance 2012-16 (Modify ABC License Hours upon Petition by Licensee) at 4-4.7(a) from May 24, 2012 to June 22, 2012, was seconded by Councilman Corbally and defeated by roll call vote listed below.
Councilman Reid: same ordinance that DCA says is unlawful.
Mayor Barrella: got a call because a PPB resident told Governor Christie at a Manchester meeting that we were extorting businesses in PPB - Governor Christie responded that he would send the DCA to PPB to investigate – he called the DCA and explained the situation and reminded them that this is a municipal matter and the State should not interfere – in April, he spoke with Acting DCA Commissioner Constable, who told him that Sen. Sweeney was going to propose a bill that would prevent Council from doing this – on May 2nd, he was speaking with Mr. Constable again, who told him that Tom Neff, the Director of the Division of Local Government Services was looking into our proposed ordinance – that is an extraordinary step for a State Administration to take, to try to micromanage a municipality, when the ordinance has yet to be passed – Mayor alleged that a letter was leaked by Council – since the proposal from Jenkinsons and Martell’s was not based upon whether an agreement was reached but, rather, upon 2012-16 – felt he had an obligation to confirm with the DCA – Mr. Constable said Mr. Neff’s opinion is that our ordinance constitutes an additional charge for the license and, therefore, is invalid – his verbiage was that of a lawyer’s letter – the only thing of substance is that, if we wanted to anticipate this as a revenue source for 2013, we would have to establish, to his satisfaction, that we had a legal basis for doing it – if we just put it in our budget as a revenue source, and collected it, and it lapsed into surplus, the DCA has nothing to say about it – doesn’t believe the DCA said it was illegal, and doesn’t believe it to be illegal – need to spend this time talking, not only to the Boardwalk, but to state representatives, because this is the Governor’s problem now that he put himself in the middle of it – he will be calling DCA and working with Attorney Gertner through the mechanism that the DCA and ABC find acceptable (Councilman Mayer: asked Mayor Barrella to be more candid going forward, as he didn’t mention his May 2nd discussion when they met on May 7th) responded that he was looking into something that Councilman Mayer believed we couldn’t do, so there was no point in mentioning it, as Councilman Mayer had already made up his mind – doesn't appreciate a confidential memo from our Borough Attorney ending up in a letter that appeared in newspaper.
Councilman Reid: the letter he saw said “unlawful” – goes back to the parking plan, and maybe we shouldn’t be doing that, because we’re in litigation – and now you want to vote on this.
Councilman Gordon: appreciates Councilman Reid’s comments, but cautioned him that Council just passed a midnight bar closing – hopes that they’ll come to an agreement, so that does not have to take affect – if that does not come to fruition, Councilman Reid is taking away the mechanism by which they can choose to stay open until 2AM – walking a fine line and damaging the businesses he is trying to support.
Councilman Reid: is not trying to support any business – Councilman Gordon keeps putting a line in the sand – that they’re just joking, and are not going to do it – and he just voted to close everyone down at 12AM – have all been told by lawyers that the State has said what we are trying to do is unlawful.
Mayor Barrella: the State hasn’t said that – it’s a lawyer’s letter that says “maybe/could be/appears” – there are good and valid arguments that this is not illegal – would like the additional time to work with the State to come up with something that they say is acceptable – not voting to adopt 2012-16, just modifying and reintroducing it – vote to adopt would be on June 12th.
VOTE: Council Members Tooker, Gordon….YEA
Council Members Mayer, Corbally, Lurie, Reid….NAY
Mayor Barrella: explained that Council still has to vote on 2012-16 – that was just an amendment – had a motion to modify and re-introduce, which would have taken 2012-16 off the table for tonight – that motion was defeated.

Motion by Councilman Lurie, to amend Ordinance 2012-16 (Modify ABC License Hours upon Petition by Licensee) at 4-4.7(a) from May 24, 2012 to June 25, 2012, was seconded by Councilman Gordon and approved by roll call vote. Public hearing will be June 12, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA
Councilman Corbally….NAY

Mayor Barrella called a 5-minute recess at 10:25PM and reconvened the meeting at 10:33PM. Present were Council Members Gordon, Mayer, Corbally, Lurie and Reid. Councilwoman Tooker returned at 10:35PM.

Ordinance 2012-17 (Multi-Purpose Bond) 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 2012-17 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Gordon, Mayer, Corbally, Lurie, Reid….YEA
Councilwoman Tooker: No Vote, as she was not in the room

Ordinance 2012-18 (Water/Sewer Utility Bond) 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 2012-18 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Gordon, Mayer, Corbally, Lurie, Reid….YEA
Councilwoman Tooker: No Vote, as she had not in the room

Ordinance 2012-19 (Resident Parking Permit Placement) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Lurie to close public participation and adopt Ordinance 2012-19 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA
Councilman Corbally….NAY

PUBLIC PARTICIPATION PERIOD OPENED AT 10:36 PM

Dave Cavagnaro, PPB: asked Councilman Reid how many officers would be required to police every corner in District 4.
Matt Nagle, PPB Recreation Committee: disagreed with the notion of allowing children of town employees and those from other towns to attend the Summer Recreation Program – he volunteers for the benefit of PPB residents only – just because it’s been done in the past, does not make it right.

PUBLIC PARTICIPATION ENDED AT 10:42 PM.

Upon motion by Councilman Corbally, with second by Councilman Reid, meeting was adjourned at 10:42 PM by consent of Council.



TRANSCRIBED BY: Eileen Farrell, Deputy Clerk



ATTEST: Maryann Ellswort


Published June27, 2012 | Council Minutes | 1407


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