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February 4, 2014

Council Minutes

Mayor Barrella called the regular meeting to order at 7:32 PM. Present were Council Members Reid, Cortes, Vogel, Mayer, Gordon and Toohey. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Mayor Barrella: announced that there were no minutes for approval due to a delay in transcription; Deputy Clerk Farrell: added item “y” to consent resolution 22.

COMMITTEE REPORTS

Councilman Reid: No report

Councilman Cortes: reported on Buildings and Grounds including update on status of Boardwalk reconstruction – on schedule for March 27th deadline; met with BA/CFO, Anne Lightburn and a couple of the architects regarding the bathhouse/concession stand building – looking to move forward in the next couple of weeks; Beautification Committee maintains 91 plant barrels and 15 gardens - applauded them for their efforts – hosting a bus trip in March to Philadelphia Flower Show; been in contact with engraver regarding ‘Buy a Board’ program – will be moving forward with plaque idea, at street ends, instead of engraving boards.

Councilman Vogel: as a follow-up to concern posed by former Councilman Cavagnaro, did some research on special events – details on special events and route information are posted on the calendar page of the municipal web site – will try to revise what is published – in particular, an organization may request a time-frame of 4 hours, but they are gathering at the Band Shell for part of that time and the time is unknown as to when people are impacted on the route – working on getting organizations to disclose that a little better and maybe include in their notice when they publish in the local paper – can check the municipal website where there may be some kind of landing page for special events that can direct them to the Borough calendar, to help to give our citizens and visitors more information; sent a request from the Police department to members of the Governing Body regarding a ‘second-hand dealers’ ordinance to require those selling used items to positively identify the items and maintain receipts from whom the items were acquired – any questions, comments or concerns should be directed to Chief O’Hara and myself - Councilman Reid will reach out to Chamber of Commerce and will work on anything in the mechanics of the process that will accommodate their concerns; discussed camera system, which was previously approved and listed in 22/S, with Police – asked that it be held for now – the Chief will be available to explain it during caucus at the next Council meeting and bring everyone up to speed on current system, this phase, wish list items that didn’t make the last budgetary cut, what can be done in the future and other ideas to leverage the technology – will get the information out prior, so contact the Chief with your questions/concerns prior so that the Chief’s time at the Council meeting can be most productive; reviewed 2013 Police stats, another busy year – they changed how they record some activities – appreciates their efforts – outstanding job; Human Resources Committee is working on organizational chart.

Councilman Mayer: started working on budget – had meeting tonight and will meet at 5:30 PM, before the next Council meeting; met with Non-Resident Taxpayers Advisory Committee (NRTAC) on Friday – would like to revisit with BA/CFO and Councilman Reid as NRTAC has a continuing desire to make arrangements for some kind of Saturday drop-off (Councilman Reid: emailed Mr. Trout, after speaking with you, and although he is quite busy, he will be putting a plan together – hope to have something by next meeting – must look at the budget and what it will cost); received notice of interest rate on CDL – apologized if he misspoke earlier – Mayor has transcript of 12/17/13 meeting in front of him – met with Warren Korecky, along with the Mayor and BA/CFO Riehl, in December and spent a couple of hours talking about the CDL and how much to draw down – right before the 12/17 meeting, the Mayor had been talking about $1.8M and spoke about doing $900K (Mayor Barrella: said I was ready to do $1.8M – you asked if we couldn’t do a lesser amount and we came up with a lesser amount of $900K) and we actually had a rationale for the $900K but it was done on the back of an envelope, the back of a napkin – the words are the words – that’s the nature of compromise – apologize if I suggested anything to the contrary (Mayor Barrella: perhaps, for the next meeting, the Deputy Clerk can adjust those minutes, that I wanted to hold, to reflect that we did in fact reach a compromise) we did get the Community Disaster Loan (CDL) and the first notice of interest which was a surprising 1.5%; distressing to me and I forwarded to the Mayor, that we finally received forgiveness protocol from FEMA on January 14th (Mayor Barrella: there’s a meeting scheduled in February) asked BA/CFO is she was going (probably) – looked at it and don’t how hopeful it is, but you should try to stay with it (Mayor Barrella: asked what day it was; BA/CFO: Monday or Tuesday, the last week in February, in Trenton; Mayor Barrella: will see what I can do); reviewed with Councilman Cortes his committee’s work, meeting with architects on bathhouse/concession stand.

Councilman Gordon: No report

Councilman Toohey: clarified statements from last meeting as a gentleman in the audience was confused – announced that National Flood Insurance Community Rating was dropped from a 9 to an 8 thanks to the hard work of Mr. Gardner – that’s the number they assign to municipalities that are doing a good job getting their paperwork in – what that does is reduce flood insurance rates for our residents by 10% – that number has no correlation with lifting your homes to comply with FEMA flood maps, simply a rating system that helps determine a homeowner’s flood insurance rate; Elaine has researched other town's ordinances about front lawn parking – would like to meet with her, again, before making a recommendation to Council as some of the things she found, namely from Belmar, were interesting; was lot of discussion at the last meeting about curb cuts and parking – as someone new to Council, was distressing to see a resident, who had building plan approval and who invested time and money into getting their house up and going, have to come before Council to request approval for the curb cut – distributed a letter to Council, which was written with the aid of Councilman Vogel – if Council approves, would ask Elaine to distribute same when people come in for their building permits – it explains that curb cuts are approved at the consent of Council – would like to avoid another resident coming to Council – maybe it’s a curb cut that’s not so beneficial for the area, maybe it’s a situation where it’s restricting parking and the Council has to make a decision contrary to what was made the other night – like that to happen prior to residents investing the time and the energy to get their building plans approved – this letter gives residents the information that it is at the express consent of Council that curb cuts are approved; mentioned at a previous meeting that one of my biggest concerns about the dunes project is the anticipated shoaling of the Manasquan Inlet – when I mentioned this to William Dixon, from the DEP, he relayed that it was one of his biggest concerns as well – he recommended that I draft a letter, from the Governing Body, expressing some of its concerns, about the fact that 10M cubic yards of sand will be placed south of the Inlet which is anticipated to cause additional shoaling at the mouth of the Inlet as well as the area directly southeast of it – drafted a letter to Army Corps of Engineers (ACOE) with the help of the Borough Engineer – although this issue is very important to our community, this issue goes beyond PPB, affecting Brielle, Manasquan, Point Pleasant and Brick – at this point, looking for feedback from Governing Body on this letter – letter was written from an aggregate community perspective, from people who depend on the marine commercial and marine recreational side of the Inlet – have already gotten a commitment from Assemblyman McGuckin and our counterparts in Point Pleasant – looking to distribute letter to interested parties, namely elected officials in southern Monmouth and northern Ocean Counties and set-up a ‘Signing Day’ – looking for guidance from Counsel whether or not it has to be a special meeting or whether we can just invite elected officials from the area here to sign this letter to the ACOE expressing our combined concern about the navigability of this waterway – letter is clear that we are not trying to discourage the dune project – what we are looking for, if the Governing Body were to support this, is an assurance or a plan that the mouth of the Inlet will stay open, whether that means additional dredging or the extension of the south jetty or whatever it is – would like to bring this matter to the attention of the ACOE and think it would get more traction if it was done as a community as opposed to one single town.

Mayor Barrella: received call last week from Board Attorney Galvin about the Planning Board – made appointments on Reorganization Day and the Board held its first meeting on January 8th with another scheduled for February 5th – Tom Neumaier has resigned as chair and asked not to be reappointed – besides Sue Loder, alternate Tom Migut has the longest period of service – Sue is not interested in becoming the Chair – before second conversation with Attorney Galvin, called former Mayor Pasola, who is also a member of the Board – both Mr. Pasola and Mr. Migut have been appointed to terms that expire 12/31/14 – the rules of the Planning Board are such that alternates are not eligible to become the chairperson – consequently, asked former Mayor Pasola, if he'd be willing to step into the alternate position so Mr. Migut could move into the regular position – also spoke with Mr. Migut and told him, based on my conversations with him and Messrs. Pasola and Galvin, that tonight, I would appoint him to take over the unexpired full membership term of Mr. Pasola and appoint Mr. Pasola to take over Mr. Migut’s unexpired alternate term – this will free the Planning Board, if they are so inclined, to elect Tom Migut as their Chairperson – will tell my representative Brynn that I would like her to support same – Tom has worked hard and cares – he’s not a political ally, but an all-round nice guy; tonight's agenda poses what amounts to a microcosm of the problems of the state of New Jersey – it is literally an orgy of patronage, with firms represented by 2 senators and 2 assemblymen being appointed to positions in PPB – recognize and understand that these appointments are council decisions and I really have no input – but the fact that they’re Council decisions doesn't automatically get a free pass – maybe Council decisions, but will speak out if they’re bad decisions.

Borough Administrator/Chief Financial Officer Riehl: fantastic tax collection rate of 98.57%, higher than anticipated and what it’s been in several years; have a draft budget – will set up an evening meeting with all of the department heads – surplus numbers came in great (Mayor Barrella: that’s great without taking the CDL into consideration) yes (Councilman Mayer: the biggest input was that 98.57% over the 95% anticipated – did a great job in the tax department) tax department did a fantastic job getting notices out and getting everything off the tax sale (Mayor Barrella: this highlights the problem of trying to project where things are going to be because it is so fluid sometimes – rather than the sky falling, looks like we're going to be okay; Councilman Gordon: confirmed this was the 2013 rate and asked if there were any delinquent taxes from prior years) collected about $620K in delinquent taxes from 2012 – actually exceeded what was on the books, with some bankruptcies coming back online – Sea Coast Oil, of course, is an uncollectable – anyone who filed bankruptcy would not be sold at tax sale – other than that, everything is paid (Mayor Barrella: emphasized that, just like this came in and did well, Council needs to be prudent moving forward and needs to think long term because just as good as this year was, next year could turn around and be horrendous – not like we can look at surplus and say what can we spend on – we’re fully staffed and came out financially fine); reminded Mayor that “Meet the Mayors” meeting with Ocean County Engineer is scheduled at end of month – need to a prepare list of what to ask the County for by way of participation.

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)
BEGAN AT 7:58 PM

Dave Cavagnaro, Point Pleasant Beach (PPB): asked about resolution 22/X and cost of Lake of Lillies shoreline restoration (BA/CFO Riehl: $1.5M balance in original bond ordinance – doesn't have an estimate on the project yet) troubled by $25K-$30K for protective fencing for plantings, in last report, and asked if it was still in the plan (Councilman Reid: Engineer will have to prepare specs – been spraying and cut the phragmites) temporary fencing was to protect the plantings from the geese who would eat them (Councilman Reid: would be really foolish if they planted things the geese would eat – will touch base with them about plantings) if it comes to protecting whatever is planted with $25K to $30K in fencing, should find another way to deal with geese (Councilman Reid: started before his term on Council and never really saw the whole plan – when bid goes out, he will and assured Mr. Cavagnaro he could, as well; Councilman Toohey: will bring up for discussion at next Environmental Commission meeting; BA/CFO Riehl: Borough Engineer is awaiting input from Environmental Commission and the Elizabeth Blodgett Association); thanked Councilman Vogel for making sure maps are online – special event application process requires applicants to put something in newspaper – wants to be sure that's not an option instead of the publication (Councilman Vogel: no, another venue for the public to view that information – sometimes things get left out of the paper as they run out of space in busy news weeks).
Vince Castin, PPB: asked Councilman Reid about status of aggregation (currently in front of Board of Public Utilities).

Motion by Councilman Reid, to close public participation, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)
ENDED AT 8:16 PM

Councilman Gordon: at the last meeting the Mayor pointed out that upon approval of the 2nd readings of ordinances that were either repealed and/or introduced, there was a 10-day waiting period before they came into effect, making most of these appointments moot because we have not surpassed that 10-day period yet (Councilman Mayer: correct – the resolutions affected by Ordinance 2014-01 are all grouped together in agenda item 9/a-e – the resolutions, themselves, provide that they are effective upon Ordinance 2014-01 becoming effective; Mayor Barrella: that ordinance seeks to repeal four separate ordinances, one of which was the restrictions on employment dealing with elected officers – the other dealt with the non-referral ordinance, which required a certification from all who were applying for a position that they had not made any referral to any member of Council or any of the other people delineated in there; Councilman Mayer: asked if the Mayor would like to delay all the appointments) not having any bearing on who is being appointed but just to make sure we are above board – made the motion to table appointments until next meeting (Councilman Vogel: asked if those currently in those positions would be subject to signing that, as well, or they are exempt as they are carried over; Councilman Toohey: clarified that these appointments would not take effect until the repeal of the ordinances going into place; Councilman Mayer: actually raising a broader question on the non-referral ordinance which prohibited appointed professionals from referring matters to Councilmen and their relatives, would actually get all professionals – 2014-01 was the ordinance aimed at our elected officials; Councilman Gordon: those four actions that were taken at the last meeting do not become effective until 10 days after so we are still; Councilman Mayer: actually an ordinance becomes effective upon approval of the mayor; Mayor Barrella: the mayor has 10 days to consider whether or not to grant his approval; Councilman Mayer: Council can override the Mayor’s veto; Councilman Toohey: asked for clarification that there is no statutory impediment to approving these contingent on 2014-01; Councilman Vogel: going back to the process, the ordinances were passed on December 17th and not effective until 10 days afterwards – RFP process ended on December 20th – so there was a deadline for submission prior to this becoming law – understand your concern, but there’s a little fuzzy logic in all that; Mayor Barrella: not sure it’s fuzzy logic, it’s just what it is – one could argue that once the RFPs came in, perhaps we should have taken the step of notifying everybody – perhaps out of an abundance of caution; Councilman Gordon: these appointments are very important, obviously – it’s incumbent upon us to ensure we’re following proper procedure and doing it correctly.
Motion to table died for lack of a second.

Motion by Councilman Reid, to appoint Kevin B. Riordan, Esq. to the position of Borough Attorney (Resolution 1), was seconded by Councilman Toohey and carried by roll call vote.
Mayor Barrella: it's no secret that I do not support this appointment for reasons going back to 2010 – some of the things that happened in 2010 cost the taxpayers’ money, took up a lot of BA/CFO’s time –when attorneys change, typically the former attorney keeps everything that he has been working on – everything was taken away from prior attorney, even matters which he had worked on, which caused duplication – also, the prior attorney was also required to assemble all files, even closed files – BA/CFO Riehl had to perform an inventory of it – it was just not the way it was normally done – doesn't understand why it was done that way, but can speculate why – perhaps the Council wanted it done that way – one could speculate that Mr. Gertner and Mr. Riordan were in the middle of a very nasty business divorce, which might have had something to do with it – but in any event, that’s the kind of thing a Borough Attorney should advise his Council against and that was just not done – the BA/CFO and Municipal Clerk were told, in response to my request for documents and records, that in order to provide those documents to me that I would have to file an OPRA request – then Borough Attorney Riordan indicated that they should not give me any documents unless I filed an OPRA request, which is bizarre – think Mr. Riordan’s tenure in 2010 was disastrous, he failed abysmally – that's my opinion, which may not be shared by others – what is troubling are the events surrounding the attempts by the then Council to consolidate our Building Department with that of Point Pleasant’s (Boro) and the attempts that followed the, I believe, August 24th meeting where our Court Administrator pointed out some difficulties that we were having with the Court Shared Services Agreement – as a consequence of that, there was a meeting held, which was scheduled at the request of then Boro Council President Susan Rogers – the purpose of the meeting was to seek the removal of Ms. Sargent – on September 7th, the minutes reflect the following…my indication that I was tired of Councilwoman Rogers constantly interjecting herself into Beach business – at which point, Attorney Riordan indicated ‘that is inaccurate – Council Administrator Sargent came before the Council, her remarks were reported in the newspaper and the Administrative Office of the Courts (AOC) called the meeting not Miss Rogers – AOC insisted upon having that meeting because the Mayor encouraged Ms. Sargent to come here’ – to which my response was to read from Miss Rogers letter to the Ocean Star in which she states “we immediately contacted the AOC for a meeting” – the minutes of September 28th reflect my comments….. “my statement was ‘I am tired of Councilwoman Rogers consistently interjecting herself into the business of Point Pleasant Beach’ and Mr. Riordan said that is just inaccurate, what happened was that the Court Administrator came before the Council, the AOC heard her comments because they were reported in the newspaper and they were the ones that asked for the meeting, not Ms. Rogers – the next comment was “the truth Mayor is that the AOC insisted on having the meeting because you encouraged” her to come here – both of those statements have been confirmed, by Lilia Lopez, of the Ocean County Court, to be false” – so what we have here is a case where a borough attorney created a cover story, which was created to hide the involvement of Susan Rogers in the internal workings of PPB – a council person from outside of PPB seeking to have one of our employees dismissed – whether that cover story was created to protect her or members of the Council here, the fact of the matter is, the statements were fabricated and false – now, that to me, ends the inquiry – Mr. Riordan, subsequently, both that night and in an article in the 10/01/2010 edition of the Ocean Star, indicated that he was wrong – in fact, in the October 1st article he was quoted as saying ‘he didn't really recall’ – well that stands in stark contrast to his statements on September 7th, of his assertion that it was clearly the AOC that asked for the meeting – I can deal with, as I said at the time, the on the job training and the attempt to abolish the position of Police Chief through the use of a Police Director’s position – that gets to a different issue, but this gets to a fundamental issue of integrity and fundamental issue of ethics – the only reason for his appointment is the fact that, for the last three years of so, Mrs. Riordan has, figuratively, held the hand of first Councilman Reid, then Councilman Cortes and then Councilmen Vogel and Toohey – quite frankly, this is an appointment, in which they are saying thank you to Mrs. Riordan by putting Mr. Riordan back into this position – if they want to say thank you, the appropriate response would be to send some flowers, not to stick the people of PPB into a situation that was horrendous in 2010 and I have no reason to think it’s going to be any different.
Councilman Reid: Sean Gertner was a fantastic man and very good lawyer, appreciate all his help and work – believe in Kevin Riordan – had a chance to discuss with Sean Gertner what he is working on and he will continue to do that – moving forward, this is a new year – doesn't know what happened in the past – one says this, another says that, sure there is a truth somewhere – this Council cares about moving forward and what's best for the town – anyone being hired tonight is qualified.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey…..YEA
Councilman Gordon*….Abstain
*Councilman Gordon: think all these resolutions appointing all these people, frankly, are the wrong thing to do at this particular time.

Motion by Councilman Vogel, to approve the professional appointments in resolutions listed below, was seconded by Councilman Reid and carried by roll call vote.
RESOLUTION 2 – Appointment of Special Project Attorneys
• Starkey, Kelly, Bauer, Kenneally
• Gertner, Mandel & Peslak
• Hiering, Gannon, McKenna
RESOLUTION 3 – Appointment of Special Counsel for Ocean County JIF liability cases – Kevin B. Riordan, Esq.
RESOLUTION 4 – Appointment of Auditor - Suplee, Clooney & Company
RESOLUTION 5 – Appointment of Bond Counsel - Rogut McCarthy
RESOLUTION 6 – Appointment of Financial Advisor – Phoenix Advisors
RESOLUTION 7 – Appointment of Borough Engineer – Raymond Savacool (T&M Associates)
RESOLUTION 8 – Appointment of Special Project Engineers
• O’Donnell Stanton & Associates
• Remington, Vernick & Vena
• Maser Consulting
• Van Cleef Engineering
• DW Smith
• Alaimo Group Consulting Engineers
• Hatch Mott MacDonald
RESOLUTION 9 – Appointment of Planners
• T&M Associates
• Remington, Vernick, Vena
RESOLUTION 10 – Appointment of Conflict Prosecutor – Bonnie Peterson
RESOLUTION 11 – Appointment of Conflict Public Defender - Raymond D. Bogan (Sinn, Fitzsimmons, Cantoli, Bogan & West)
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey…..YEA
Councilman Gordon….Abstain (for the same reason as the previous vote)
Mayor Barrella: stunned by Councilmen Vogel and Toohey’s votes on T&M appointments, in resolutions 7 and 9, in light of the libelous allegations, of virtual criminal behavior, made back in October and November of this past year – have no idea how you can make allegations that Sandy recovery was stymied in order to funnel money to Zoning Board Officials and then cast a vote to appoint T&M, the firm of the Board engineer – the whole allegation in October/November was pure nonsense – Board/Borough Engineer has done a great job, which is why I would not object to his appointment – but I am simply stunned by those votes.

Mayor Barrella: regarding resolutions 12 & 13, Brian Rumpf, who is an Assemblyman, did not apply for the job of Animal House Judge and Francis Rodman Rupp did not apply in a timely manner for the appointment as Animal House Prosecutor – concerned how we are going to make these appointments with no application in place – if you have an explanation, I’ll withdraw my statements (Councilman Mayer: asked BA/CFO to confirm that Mr. Rumpf's application was for the Animal House Judge, not Prosecutor) not what her spreadsheet says (Councilman Mayer: her spreadsheet doesn't say it but she sent me an email and I annotated my spreadsheet – she had it mischaracterized; BA/CFO Riehl: that's very possible) if that’s the case, have no objection to that – he does not violate our ordinance on prohibition because he does not represent PPB, although he is a legislator – there is a question, in my mind, Francis Rodman Rupp applied for the Public Defender positions – he is now being appointed as the Animal House Prosecutor (Councilman Mayer: took some time with that resolution – hadn’t met Mr. Rupp until this year – he’s a local guy, a local attorney with prosecutorial experience – hoping he could move along the animal house program – the resolution was different, it’s not a fair and open resolution in response to the RFP – it’s actually a non-fair and open professional appointment under the fair and open threshold of $17.5K, which is why the modified resolution caps it at $17.5K) if you’re saying it’s covered and the appointment is legal, that’s fine, and if that’s Counsel’s opinion, that’s fine – just don’t want to have someone appointed into the position of Animal House Prosecutor and then have somebody who’s been prosecuted say that the person was not authorized to be doing that (Councilman Vogel: asked Attorney Riordan if the appointment was legal; Attorney Riordan: as I understand it, the appointment is being made on a non-fair and open process because the anticipated revenue is less than $17.5K – in fact, when you appoint someone to a professional position under the fair and open, you have to pass a resolution indicating that you reasonably believe that the amount of money that they are going to earn is over $17.5K – with the Animal House Prosecutor, I don’t think you can do that – so my opinion is yes, it’s legal; Councilman Reid: want the public to know that this Council is going to take Animal House very seriously – so that is why we said, we need a prosecutor and we need a judge to send the message to everyone out there that this is not a town for Animal Houses) that’s a good thing and I fully support that, I was just concerned about the legality of the appointments.
Motion by Councilman Reid, to approve the professional appointments in resolutions listed below, was seconded by Councilman Cortes and carried by roll call vote.
RESOLUTION 12 – Appointment of Animal House Judge – Brian E. Rumpf (Rumpf, Reid & Dolcy)
RESOLUTION 13 – Appointment of Animal House Prosecutor – Francis Rodman Rupp
RESOLUTION 14 – Appointment of Conflict Animal House Prosecutor - O. Nicholas Monaco (Montenegro, Thompson, Montenegro and Genz, PC)
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey…..YEA

Councilman Mayer: the individuals in resolutions 15 through 19 are all qualified and contingent upon Ordinance 2014-01 becoming effective (Mayor Barrella: it’s good that they’re all together because these, basically, represent the orgy of patronage) it’s come to my attention today, that Mr. Zavistoski, although having experience as a prosecutor and actually being well regarded by our judge, did not meet the RFP requirements of being licensed for 5 years with 2 years prosecutorial experience – we spoke to Mr. Zabarsky about that and Mr. Zabarsky would like to become our Prosecutor – would like to amend resolutions 16 and 17 to switch Mr. Zabarsky with Mr. Zavistoski so that the main prosecutor is Steven A. Zabarsky and the first alternate prosecutor is Robert Zavistoski (Mayor Barrella: clarified that his comments are directed specifically to resolutions 16 and 17 – since you’re making a change to our existing prosecutor and our existing public defender, have you had conversations with the Court Administrator or the Acting Court Administrator regarding these changes; Councilman Vogel: had some general conversations) did but did not go into depth with names (Mayor Barrella: about re-appointing the Holzapfel firm because there were a lot of complaints out of the Court Administrator’s office regarding the revolving door with Steve Zabarsky as the prosecutor –asked if he spoke to anyone in the Police Department as they had concerns – this is my problem, our court is not an easy court – Mr. Zabarsky is a partner in Citta Holzapfel – I understand that gives him a lot of clout in Ocean County, but, the fact of the matter is and perhaps the most damning thing is, in the Citta Hozapfel letter seeking appointment as municipal prosecutor, which stated that, during the calendar year 2013, their firm acted as municipal prosecutor in over 20 different municipalities – effectively, what we have here is a State legislator, which is the reason we enacted the ordinance in 2013 – we got lousy service – when the Council was ready to replace them in 2012, Councilman Mayer asked, at that point in time, that we hold off and speak to them and make arrangements and we did – I had breakfast with Steve Zabarsky and Mr. Zabarsky indicated to me that he was going to come, that he was going to be our prosecutor and he was not going to send the revolving door of associates – the bottom line is 2012 came and went and all we got was that revolving door – our court is perhaps the most complex in the State of New Jersey in terms of both workload and issues people face – the current prosecutor only missed one session and is a non-political, former Middlesex County Prosecutor and Municipal Court Judge with 18 years’ experience as an attorney – don't understand the reason for the change and how it benefits the court and the people of PPB – understand how appointing a State Senator might benefit the careers of some – understand the patronage problem and all of that – how does this help us – we’re going back two years to a prosecutor who never showed up and sent different associates constantly – a problem that the Police Department and our Court Administrator has noted, objected to and documented – don’t understand why we are doing this other than the fact that it’s Senator Holzapfel – isn’t a pension as a prosecutor and a salary as a legislator, enough, does he have to triple dip – it’s interesting that resolution 15, which involves Dasti, Murphy, McGuckin, Ulaky, Koutsouris & Connors, is basically a double error – you’ve got Assemblyman McGuckin from the 10th district, so he’s a problem – Senator Connors is from the 9th district – you also have Jerry Dasti who, I also believe, is the Ocean County Republican Finance Chair – he’s the Borough Attorney in Point Boro and why are we bringing him in here to Point Beach – all problematic (Councilman Reid: appreciates input but can't say that these law firms aren't good law firms) not going to say that anyone who applied is a bad lawyer (Councilman Reid: know you’re on a political bent but you can’t say these law firm are not qualified) don’t think you’ve heard me say that Citta Holzapfel or Dasti Murphy are bad law firms – what I said is they gave lousy service at least with respect to Citta Holzapfel – we were treated as though we were not their most important client – we should be their most important client and we were our 2013 Prosecutor’s most important client – now we’re going back to being one of 21, if not more, municipalities that this firm represents – if Mr. Zabarsky shows up at the majority of our sessions, I’d be astonished, but that would be okay – the fact of the matter is, he has not and I have no reason to believe he will (Councilman Reid: you’re going to be astonished – this is a new day) I hope I am because we’re paying $600/session for a second-year associate vs $600/session for someone with 18 years’ experience including substantial prosecutorial experience and experience as a municipal court judge – just doesn’t make sense financially – it seems like the people of PPB are being asked to pick up a tab for some political favors – if you guys want to dispute that, it is what it is – I’ve laid it all out and people can judge it however they want to judge it (Councilman Reid: take offense to the whole political – talking about it’s going to be good for someone’s career – are you talking about me) I’m talking about anybody who is going to be supporting this appointment and, then, may look for a State contract, a County job – we live in New Jersey and the morning guy on 101.5, I’ve said it before and I’ll say it again, made a comment, that to me, typifies New Jersey – his comment was ‘the problem with New Jersey is that most corruption is perfectly legal’ (Councilman Mayer stepped out for one moment at 8:55) we’ve been hearing a lot about quid pro quos and alike with the entire thing that’s been going on at the State – you guys backtracked on an ethics ordinance and now you’re appointing somebody who has done a lousy job in the past (Councilman Toohey: tried my best to keep my emotions in check on this because I feel like my character is being brought into question) sorry, but all I said is that Erin Shamy is not in a position to help anybody, whereas certain legislators may be (Councilman Toohey: you’re entitled to that opinion and no disrespect to the Shamy Law Firm but you’ve said yourself that this is a complicated court – I expect to see Steve Zabarsky in Municipal Court and if we have a remanded drug charge, if we have a domestic violence issue, if we have a Sammy the dog, one of the most landmark animal welfare cases ever that was just won in Brick, we get Steve Zabarsky).
Mayor Barrella: spoke about resolutions 18 and 19 – Mike Schaller is a really bright guy (Councilman Reid: take care, be sure what you say about Mike Schaller) went to PPB High School – but Mike Schaller is affiliated with, or an associate with or of counsel to and Kevin Sheehy is affiliated with and is an associate of the firm of King, Kitrick, Jackson and McSweeney – that Jackson would be John Jackson the Republican Club president – so when I say this is an orgy of patronage, it is literally an orgy of patronage (Councilman Reid: Mike Schaller was the Chief of Staff to the Lieutenant of the New Jersey State Police – you can be political and say whatever you want when you talk about politics, but when you talk about Mike Schaller, just remember his resume) he was a State trooper and he had a position of Chief of Staff – that does not mean he was a practicing attorney – he’s a very bright guy, I’ve met and spoken with him – my point is simply that you’ve repealed an ordinance that would have prohibited this and now the appointment is being made and the Public Defender’s position is being given to the firm of the Republican Club President – that’s what I say is an orgy of patronage – asked the Chief if there were any complaints about the existing public defender (not to my knowledge) understand her fate was sealed when her father, Joe Sangiovanni, lost the Brick mayor’s race – if Mr. Sangiovanni had won, Mr. Schaller would have a different position in PPB – I understand the way the game works.
Motion by Councilman Reid, to approve the professional appointments in resolutions listed below, was seconded by Councilman Toohey and carried by roll call vote.
RESOLUTION 15 – Appointment of Special Project Attorney - Dasti, Murphy, McGuckin, Ulaky, Koutsouris & Connors
RESOLUTION 16 – Appointment of Municipal Prosecutor - Steven A. Zabarsky (Citta, Holzapfel & Zabarsky)
RESOLUTION 17 – Appointment of Alternate Prosecutors - Robert Zavistoski, Robert A. Greitz and Matthew J. Dorry (Citta, Holzapfel & Zabarsky)
RESOLUTION 18 – Appointment of Public Defender – Michael Schaller
RESOLUTION 19 – Appointment of Alternate Public Defender - Kevin Sheehy
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey**…..YEA
Councilman Gordon*….Abstain
*Councilman Gordon: due to the same reasons mentioned previously because I don’t think this is technically a legal vote – however, if I were voting on this, I would be voting no to each one for just the obvious blatant patronage that is going on here – this is a poke in the eye of the citizens of PPB – you guys are not even trying to hide Jersey politics, as usual – frankly, this is the ugliest display of politics I’ve been party to in the two years I’ve been on Council.
**Councilman Toohey: confirmed no statutory impediment to Council approving these appointments contingent on the appeal of the existing ordinance (Attorney Riordan: correct)

Mayor Barrella: commented last week, regarding resolution 20, about appointing somebody to the Board of Adjustment (BOA) and jumping over the alternates, especially when the alternate has an engineering background – I take this as part of your message that you guys are in charge and I have no say and I accept it – but to do this to the people of PPB while we’re in the middle of Sandy recovery and to do this to all members of the BOA, who have been working their tails off for the taxpayers and residents of PPB, is an offense – did anybody speak to BOA Attorney Galvin about this appointment (Councilman Mayer: have not spoken with Mr. Galvin, but as to your earlier comments, this brings the BOA back to its full 11 member complement) no it doesn’t because Jason Shamy resigned and they are short an alternate (Councilman Mayer: look at resolution 21, speaking of both 20 and 21) have no objection to Steve Ferguson – I would have no objection if Steve, having prior BOA experience, had been appointed to be a regular member nor would I have any objection if a current alternate, who has spent years working on the BOA, was moved up into a regular position and Mr. Dixon were appointed to the alternate position – my objection is, simply, I don’t know what Mr. Dixon’s qualifications are for this position – I don’t think he has any – I recognize the idea you take care of your political supporters, but what his qualifications are is beyond me – he was a police officer (Councilman Reid: you’re not hanging your hat on qualifications, appointing people with qualifications) I’m just trying to understand why you would jump over somebody, who’s been on the board as an alternate, has worked his way up to first alternate and has an engineering degree, and move somebody, who has no land use background at all, into this position – that’s what’s puzzling me – if it was an alternate position, I wouldn’t mind – if it was Steve Ferguson with Mr. Dixon appointed to the alternate position, you wouldn’t get an objection from me – this is not fair to the people of PPB (Councilman Mayer: it is fair to the people of PPB – if you move Pete Renner up – and I certainly hope we’re not offending Mr. Renner – he’s done, from all I’ve heard, a fabulous job – you disturb all the terms – you do realize that resolutions 20 & 21 bring the BOA back to its full strength) that’s what’s known as a red herring – I do recognize that (Councilman Mayer: it’s not a red herring – my understanding is that the alternates do listen to the testimony – when there’s a vacancy, they can vote – not going to sit here and rail about former Councilman Dixon’s qualifications – he did serve as a Councilman – he was in the heart of the Sandy disaster – think he’s going to be a very good BOA member – I’m glad he’s willing to serve; Councilman Vogel: having had prior experience with Councilman Dixon, he was involved deeply, at a time when the Governing Body was reviewing the Master Plan – when land use law and regulations were at the forefront – some big issues – while we sat across the aisle from each other, I have a great respect for Councilman Dixon, for his work ethic, his willingness to be open and serve – no disrespect to any of the other appointees on the BOA, but to say no appointments on the Planning Board were given out for political favors).
Motion by Councilman Vogel, to adopt resolutions listed below, was seconded by Councilman Reid and carried by roll call vote.
RESOLUTION 20 - Appointment of John Dixon to fill unexpired term of James Wolfersberger
CONSENT RESOLUTION 21:
a) Accept resignation of Jason Shamy from Board of Adjustment
b) Appointment of Stephen Ferguson to fill unexpired term of Jason Shamy
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon (Resolution 21 Only),
Toohey…..YEA
Councilman Gordon* (Resolution 20 Only)….NAY
*Councilman Gordon: nothing against Councilman Dixon but, rather, the precedence of appointing people at large to full time positions when you have qualified alternates that should be appointed.
Mayor Barrella: let the record reflect that when there was an opening and the first alternate was Jay Reynolds, who was the Republican Municipal Chairman, I recommended, based upon Mr. Galvin’s recommendation, that Mr. Reynolds be moved up, even though he signed the recall petition – in terms of appointments, I recall Tom Spader was appointed by Mayor Vogel and removed when the Democrats took over – one of the first things I did was put Mr. Spader back on – in terms of the Planning Board, tonight I switched Messrs. Pasola and Migut so that Tom Migut could become Chair of the Board – I had no intention of bringing up what I’m about to say until Councilman Vogel and the Councilman will know and can confirm that Mr. Migut, the last two years, has supported Councilmen Reid, Cortes, Vogel and Toohey – but nevertheless, based upon the opinion of our professionals, specifically Dennis Galvin, who is an expert in land use, as to the best way to develop and cultivate a Board, I moved Mr. Reynolds up – of course political appointments are made, of course supporters are appointed and if you’re going to admit that you appointed Mr. Dixon because he supported you, that’s fine – I’ll accept that admission on the record and we’ll move on – just don’t give me that he’s better qualified for this than Pete Renner, because he’s not (Councilman Mayer: if it’s that important to you, suggest you talk to Mr. Galvin about revising our Borough ordinances which provides for the method or appointment for filling the vacancies of the expired term – what you’re doing is shifting everyone up and that’s not what that ordinance provides for) we can debate that – that’s the way it’s been done for years and it’s functioning (Councilman Mayer: that’s not what the ordinance says; Councilman Gordon: now you’re going by the letter of the law; discussion ensued between Councilmen Mayer and Gordon which was garbled on the meeting recording).

Mayor Barrella: item 22/S is being held at the request of Councilman Vogel; BA/CFO: added cap of $25K to item 22/n; Councilman Cortes: asked about 22/u and whether it was the entire street between Chicago and Baltimore (BA/CFO: had previously applied for DOT funding for those two streets and applying for CDBG grant to supplement that and tie in to get the whole thing done).
Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Vogel and carried by roll call vote.
CONSENT RESOLUTION 22:
a) Approval of Payroll #2 ($267,396.41)
b) Approval of Point Pleasant Rotary Club request for waiver of S/E fees for walk on 5/4/14
c) Approval of Alzheimer’s Association application for banner at Rte 35S, 9/12/14 to 9/26/14
d) Release of (2) road opening bonds for 104 Harvard Ave & 418 Rte 35S ($3,000)
e) Payment to Allstate Power Vac for emergency sewer main lining ($58,521.78)
f) Payment to Sungard for police computer service/maintenance ($14,345.95)
g) Payment to Allcomm Technologies for police radio repair ($2,648)
h) Payment to Mitchell Humphrey for software configuration & training ($6,000)
i) Payment to Jersey Mulch Products for Pleasure Park mulch (not to exceed $4,050)
j) P O to Edwards Tire Co for DPW tires ($2,500)
k) Emergency Appropriation to 2014 Temporary Budget
l) Approval of request for sewer relief at 938 Bay Ave
m) PO to Atlas Flasher & Supply for OEM message board ($15,850 – reimbursable)
n) Appointment of Henry Mancini & Assoc to assist with tax appeals (Not to exceed $25,000)
o) Approval of Clean Ocean Action 29th annual “Beach Sweeps” on 4/26 & 10/25
p) P O to NJ American Water Co for monthly hydrant service ($3,662.40)
q) Memorialization of administrative action to approve 2 Fire Co membership applications
r) Dedication by Rider - Snow Removal Reserve
s) HELD for presentation by Chief O’Hara [P O to NJ Business Systems for video security system expansion ($138,050.50)]
t) Waiver of construction permit fees for PPB Board of Education ($78)
u) Authorization to submit/execute CDBG Application for improvements to Homestead &
Princeton Avenues ($50,000)
v) PO to Fire Security Technologies for keyless entry for 3 Borough offices ($4,900)
w) Approval of computer-generated vouchers ($101,011.61)
x) Authorization for Engineer to prepare specs & advertise bid for Lake of the Lillies shoreline restoration
y) Progress payment #1 to Wallace Contracting for Boardwalk reconstruction ($221,200.49)
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey…..YEA

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 8:56 PM.

Tom Davis, PPB: got to know Jim Wolfersberger in the last 1.5 years – hold him in high regard – Jim gave out pearls of wisdom at BOA meetings frequently and without limit – asked council for proclamation honoring him for his service.
Anne Lightburn, PPB: it’s been a long time since plan for Lake of Lillies shoreline restoration was unveiled – wanted to ensure the current plan goes before Environmental Commission because there was a lot of discussion about the omission of trees on the plans – wanted to make sure we get what we think we’re getting when going out to bid so would like the Environmental Commission to see that plan.
Vince Castin: issued congratulations on the 98% tax collection; asked why there are so many special project engineering firms being appointed (appoint multiple firms in order to take advantage of each firm’s particular expertise, if needed); asked about the difference between Animal House Prosecutor (AHP) and Conflict Animal House Prosecutor (CAHP) (in case, for example, the AHP’s nephew is charged with an animal house violation, would use the CAHP); asked Councilman Toohey about his curb cut letter – asked if people would come to Council before going for a variance (just informs people, before going forward with construction, that ultimately the decision for curb cut lies with Council); asked, regarding snow removal ordinance, when the last summons was issued for someone not shoveling their sidewalk – with number of second homes in town, it’s an unenforceable ordinance (if you rent your home, can put the realtor in charge of ensuring snow is removed, but if it’s your second home and you can’t get out of your primary home due to snow, it’s a problem – toyed with the idea of listing snow removal services on town website, but didn’t because of the liability issue); asked about payment approval for mulch.
Dave Cavagnaro, PPB: thanked DPW for great job they did with snow removal and garbage collection on the same day – were in my neighborhood clearing snow between 7:30 and 8:30 AM in comparison to the County that didn’t get there until around 3:30 PM; asked if Committees could be given a heads up about their budgets as they normally don’t know until budget is introduced (Mayor suggested having a budget workshop) – we do submit budgets within a certain time frame, but don’t hear if it’s a go until budget introduction; asked if architectural firms are being reviewed for structural examination (will submit some structural review costs in their proposals) asked if structural evaluation would be done, then decision made before awarding to an architectural firm (one of the firms will work that way); appreciated emphasis that special event maps are online – wants to ensure they are published in paper, as per ordinance, for those with no computers.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:09 PM.

Motion by Councilwoman Cortes to adjourn the meeting was seconded by Councilman Reid and carried by consent of Council.

Meeting was adjourned at 9:10 PM.


TRANSCRIBED BY: ______________________________
Maryann Ellsworth, Municipal Clerk


ATTEST: ______________________________
Eileen Farrell, Deputy Clerk


Published March10, 2014 | Council Minutes | 1796


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