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December 16, 2008

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31 PM with Mayor Barrella and Council Members Mercun, Loughran, Tooker, Cervino, Dixon and DiCorcia present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Sharon Cadalzo, Neighborhood Preservation Program (NPP) Coordinator: updated Council on NPP activities, including newsletters which she published and delivered to those in affected area– NPP Committee reviewed all requests, including referrals that came from the Building Department – of original requests, only two were declined.
Clerk Ellsworth announced that she was in receipt of Planning Board resolutions recommending approval of Ordinance 2008-62 and adopting the Master Plan Housing Element as amended and the Fair Share Plan.
CFO/Administrator Riehl updated Council on sale of bond anticipation notes in the amount of $7,375,000, including $3,528,000 in general improvement anticipation notes and $3,847,000 in Open Space Trust Fund anticipation notes, at an interest rate of 2.54%.
Councilwoman Tooker informed Council that the Parking Committee would like Council to put out an RFP for “pay by phone” (Administrator Riehl added that a recycling RFP was also needed as it would save on manpower and costs of trucks going to the recycling center; authorization was given to Administrator Riehl to prepare RFPs).
Councilman Mercun: would like to set a policy that all agenda items must be presented by the Thursday before the Council Meeting, unless it’s a true emergency – addendas are lengthy and often address important matters.
Councilman Cervino commented on correspondence from Kitty Philipp and decision was made to hold matter for 2nd meeting in January.

Motion by Councilman DiCorcia, to enter closed session to discuss one contractual, one personnel and two potential litigation matters, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun ….YEA

Closed session started at 6:55 P.M. and ended at 7:30 P.M.

Mayor Barrella called the regular meeting to order at 7:38 P.M. Present were Council Members Mercun, Loughran, Tooker, Cervino, Dixon and DiCorcia. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman DiCorcia to approve the minutes of the November 18, 2008 Council Meeting, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Loughran.…YEA
Council Members Tooker, Mercun….ABSTAIN

Mayor Barrella presented proclamations to: Councilman DiCorcia, commending him for his twenty-one years of service as Councilman; Councilman Loughran, commending him for his fifteen years of service as Councilman; and to Boy Scouts of America Troop 6, for setting the world record for “Punkin Chunkin.”

Ordinance 2008-53 (Regulations for Dogs on Maryland Ave Beach) was considered for vote. The second reading and public hearing were held on November 18, 2008.
Motion by Councilwoman Tooker, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2008-53 was adopted.
VOTE: Council Members DiCorcia, Tooker, Loughran***, Merucn****….YEA
Council Members Dixon*, Cervino**…..NAY
*Councilman Dixon: EPA ruled pet waste as hazardous – Virginia study on cleaning up after dogs showed that 44% do not pick-up after their dogs – the Maryland Avenue beach is too small to host dogs, with children playing in the sand, during the spring and fall.
**Councilman Cervino: have two dogs, which I pick-up after, but over the last week have encountered piles from those that do not – can only imagine what I will encounter on that beach should this Ordinance pass.
***Councilman Loughran: dogs are already on that beach and don't think this Ordinance is going to change anything – it can always be reversed.
****Councilman Mercun: have trepidations – Councilmen Dixon and Cervino have legitimate concerns – dogs must be leashed while on beach – if brought to Council’s attention, prior to May, that dogs are not on leashes or are not being picked-up after, Council will shut it down – dog owners should police themselves – don't need Police.

Ordinance 2008-54 (Move SF5 Zone Line) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman Loughran, seconded by Councilman Mercun and carried by the following roll call vote, Ordinance 2008-54 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun….YEA

Ordinance 2008-59 (Amend Performance Bond Requirement for Road Openings on State Roads) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman Loughran, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2008-59 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun….YEA

Ordinance 2008-60 (Amend Health Insurance Opt-Out) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman DiCorcia, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2008-60 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun….YEA

Ordinance 2008-61 (Create Handicap Space) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman DiCorcia, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2008-61 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun….YEA

Ordinance 2008-62 (Establish Development Fees) was considered on second reading. Mayor Barrella opened hearing to the public.
Vince Castin: shouldn’t move forward on COAH requirements as there’s already enough State interference in local matters and doing so will allow the state to intrude on town development, dictating when and where affordable housing will be built – if we don’t submit a plan, nothing will happen – “builders remedy” lawsuits are nothing but scare tactics as there’s not enough land in town for this – COAH was not designed for communities such as ours – the best course of action is no action.
Attorney Gertner: purpose of this Ordinance is for town to keep its development fees – State is already taking them – that was one of the driving forces.
Tim Lurie: agreed with Mr. Castin – every new house and addition will incur this fee – should be an exemption, due to state of economy – should wait and see what happens with State.
Monica Walsh: represented COAH and DCA for years – this is a rush to judgment as both Democrats and Republicans are seeking to delay third-round of COAH – town doesn’t have enough land to seek a remedy – submitting applications will put town on the DCA radar screen – it’s money we don’t need to spend in these times.
Motion by Councilwoman Tooker, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2008-62 was adopted on second reading.
VOTE: Council Members Dixon**, Cervino***, Tooker****, Loughran, Mercun***** ….YEA
Councilman DiCorcia*….NAY
*Councilman DiCorcia: agreed with Mr. Castin, Mr. Lurie and Ms. Walsh – League is fighting this and the Governor has been asked to postpone the deadline.
**Councilman Dixon: possible that Point Pleasant Beach is close to meeting its requirements – those speaking were eloquent – engineer and attorney both made sense.
***Councilman Cervino: being rushed – this is social engineering – potential problems moving forward with overcrowding and decreased values – it’s going to be a regulatory nightmare – resent being dictated to and imposed upon by the State – was told this is an insurance policy and the fee will be ours to keep with Ordinance passage, which overweighs that resentment.
****Councilwoman Tooker: appreciated public comments – worked hard at Planning Board level and were unanimously in agreement – Ordinance is preemptive, important to keep fee locally – identified several areas where builders remedies can become a problem.
*****Councilman Mercun: although in agreement with speakers, don't feel Trenton will push back – share concern that Trenton is over-legislating, but must vote to protect town.

Clerk Ellsworth corrected and added items to consent resolutions; Mayor Barrella added item to Consent Resolution.
Dave Cavagnaro: asked if item regarding extension of resident parking pass thru January 31st encompassed all parking areas or just the train station lot
Administrator Riehl explained that item 2/l extended the Transport Workers Union contract through 2011 – they were asked to open contract early to entertain a change in health benefits which would save the town 22% on prescription coverage with a smaller savings on medical coverage – they have agreed to town’s negotiated items – to soften the blow on medical and Rx co-pays, they were offered a base pay stipend of 1/2%, 1% and 1.5% – the third union was also approached and has agreed to sit down.
Stewart Fischer: commented on items “p, u & w” of Consent Resolution 1 – three items represent more than $8,000 of taxpayer money – asked if town needs ten more individuals going through the Police Academy – suggested that recruits reimburse the town, through salary, for costs town incurs to send them to the Academy.
Motion by Councilman Mercun, seconded by Councilman Cervino, resolutions covering the items listed below were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Commit to petition COAH for certification of Housing Element and Fair Share Plan
b) Request for COAH to review and approve Development Fee Ordinance
c) Establish 2009 Borough Holiday Schedule
d) Establish 2009 Bulk Pick-Up Schedule
e) Payment to Brick Utilities for November bulk water usage ($45,503.52)
f) Waiver of raffle fee for PPB Public Education Foundation
g) Approval of St Peter PTA’s County road use application for Fisherman’s 5K on 3/28/09
h) Payment to Parts Plus for gel cell batteries ($2604)
i) Amusement Game License renewals (35)
j) P O to Motorola for XTS4000 radios ($5,959.20 through drug forfeiture funds)
Payments to All Hands for fire department equipment ($2080.61)
l) Approval of hand checks for October and November ($65,893.56)
m) Approval of NPP Plan for Plan Year 2
n) Authorization to transfer $9,500 in NPP infrastructure improvement funds from lighting way/ finding and benches to curbing/infrastructure in Plan Year 1
o) Payment to Community Endowment Fund ($1314) from Boat Parade account
p) Payment to Brick Cardiovascular for Police recruit stress tests ($2500)
q) Refund unexpended balances of Board of Adjustment escrow accts ($1547)
r) Payments to CMX from Planning Board escrow ($416)
s) Payment to Jahos, Broege & Shaheen for Risden’s deposit ($50,000)
t) Payment to ICOP for in-car DVR system ($5368.42)
u) Payment to Plainfield Consultation center for Police recruit psychological evaluations ($2950)
v) Approval of computer generated vouchers ($201,478.33)
w) Payment to Meridian Occupation Health for Police recruit physicals ($2875)
x) P O to CDW-G for Panasonic Toughbook and CRW drive ($4279.19)
CONSENT RESOLUTION 2:
a) HELD
b) Progress Payment #1 to Earle Asphalt for road improvements to Niblick
($114,799.38 through DOT Grant)
c) Payments to the Galvin Law Firm from Bd of Adjustment accts ($1300)
d) Water/Sewer bill adjustments (16 accounts)
e) Cancel unexpended bond balances
f) Approval of Payroll #26 ($236,509.91)
g) PO to General Sales Administration T/A Major Police Supply for emergency equipment ($9,619.13)
h) Payment Approval to Fire One for ladder and pump testing ($2,420)
i) Approval of computer generated vouchers ($148,501.32)
j) Transfer of funds between 2008 budget accounts
k) Approve agreement with TWU, Local 225 – CLOSED SESSION ITEM
l) Extension of 2008 resident parking pass permits through January 31, 2009
VOTE: Council Members DiCorcia (all items except items 1/a, 1/b and 2/l), Dixon,
Cervino, Tooker, Loughran, Mercun….YEA
Councilman DiCorcia (items 1/a, 1/b and 2/l)….NAY


COMMITTEE REPORTS:

Councilman DiCorcia: always been a conservative Democrat – has few regrets – leave with two accomplishments – first, mentioned in proclamation, was always doing what was best for Point Pleasant Beach – second was being the longest serving Democrat in the history of Point Pleasant Beach – thanked Borough family – wished all a Merry Christmas, Happy New Year, Happy Kwanza and Happy Chanukah.

Councilman Dixon: still discussing revenue ideas at Parking Committee meetings – interesting information which may or may not be agreeable to public – commended committee members for their devotion of time, dedication and work; updated Council on Building Department activities – revenue is up over last year; congratulated Councilmen DiCorcia and Loughran for their time on Council and wished them good luck.

Councilman Cervino: wished all a pleasant holiday; first year on Council has been an interesting one – thanked all; thanked Councilman DiCorcia and especially Councilman Loughran, who asked him to get involved in politics; thanked Chief DePolo, Administrator Riehl and Clerk Ellsworth for situation in Municipal parking lot, with parked vehicles and damages to some of the trees, which is the kind of thing local government is all about; referred to two articles in December issue of “League of Municipalities” magazine concerning COAH, one pro by DCA Commissioner Doria and one anti by League of Municipalities’ Director William G. Dressel, Jr.; downtown looks like a Thomas Kincaid painting at night – thanked Beautification Committee, a highly motivated group of people; Tourism Advisory Committee meeting is fourth Monday of the month – reminded Council that last two hand-outs are recommendations – Dotti Daly is leaving Chamber of Commerce and Carol Vacarro is taking over – had a meeting regarding the June Jazz, Blues and Wine Tasting Festival – will be wonderful event for Point Pleasant Beach; thanked all committees for their work during 2008.

Councilwoman Tooker: Council accepted resignation of Ben Dispoto as Recycling Coordinator – recognized and thanked Ben for a job well done – recycling has come very far this past year largely due to his efforts; Animal Welfare Committee is comprised of an amazing and dedicated group of people – winner of 50/50 raffle was a resident of Greenbrier, who won $850 – encouraged all to support Animal Welfare by attending craft and vendor fair this Saturday; Councilmen DiCorcia and Loughran have been fixtures to this town – will miss their presence and guidance – they are perfect examples of Point Pleasant Beach pride and spirit – we’re here because we love this town.

Councilman Loughran: have sat through approximately 300 Council Meetings and between 500 and 600 committee meetings, events and things like that – will remember this one for “punkin chunkin” and “dog poop;” closing on Risden’s property will be Monday; regarding Ordinance 2008-57 to extend bicycle hours on Boardwalk in off-season, observed comments (in newspaper articles) on dangers of allowing bikes on Boardwalk in winter – disputed that, up on Boardwalk every day between 3 and 6pm – if there are 20 people, that's a lot – what is dangerous is during July and August from 6AM to 9AM, when there are hundreds of people on the Boardwalk – current law allows bicycle riding at that time – disappointed, sometimes Council over thinks things – if it turned into a problem, it could be undone at any time – asked those on Council next year to re-introduce the bicycle ordinance – spoke with Clerk Ellsworth on a matter which Councilman DiCorcia will discuss.
Councilman Dan DiCorcia: referred to 2007 Council Meeting, elsewhere, at which an audience member shot the Public Works Director in the head, killed a Police Officer, and killed the Mayor execution style – thanked Chief DePolo for the security today.
Councilman Loughran: spoke about Clerk Ellsworth’s request for video surveillance, to provide safety and security, at all times, at Borough Hall for both residents and employees – this is a worthy request; Councilman DiCorcia, a great friend, grew up as his neighbor on Bay Avenue – thanked him for his time on Council – Councilman DiCorcia and he are taking 37 years of experience out the door and leaving 7; recommended that Mayor and Council communicate as a team, leave personal agendas at the door and work together; been a pleasure and honor to have served; thanked the Borough family – all the employees in town do a great job; thanked the residents in town, especially those who volunteer their time; thanked his wife for her support; thanked Attorney Gertner for his legal counsel.

Councilman Mercun: thanked Mrs. Loughran, as well, because he’s finding out bitterly, how much Governing Body Members’ significant others endure – the support you get at home is important; Councilmen DiCorcia and Loughran have given of themselves in public service – this is true service to the public, it’s not a question of money – have been able to disagree, and to do so with an exchange of ideas – have treated each other with respect; started budget process, meeting with two departments today and will meet with three departments tomorrow; committed to Lake of the Lillies – “Save Lake of the Lillies” organization has filed an application with the court, seeking to block the cutting plan, so we are in litigation again – will have to respond to litigation, therefore can’t comment any further; thanked all and is looking forward to working with Councilmen-elect Rizzo and Hennessy next year; wished all happy holidays.

Mayor Barrella: Councilman DiCorcia knows me from way back, when everyone thought I was a Democrat – we’ve had our disagreements, when looking back and taking everything into consideration think how silly a lot of it was – has been a pleasure – appreciated his advice, effort and for making things a lot easier here; as Councilman Loughran indicated, when one looks at this Council next year, will have an aggregate of seven years experience among seven people – that’s a big difference; Councilman Loughran has been a huge asset to this Council - his guidance, help, advice, steady hand and passion will be missed; thanked Councilman Mercun for his invaluable help; wished all happy holidays; attended a Board Meeting of the Jersey Shore Partnership and met Executive Director of Shore Tourism, Noreen Bodman – she would like to come and meet with Tourism Advisory Committee about interface with larger Shore Tourism group – something Council should consider; thanked Councilman Mercun and Administrator Riehl for their efforts on TWU negotiations – down the road the savings will be even more substantial; (Administrator Riehl: canceled some bond ordinances for total of $560,242.18) will add to our opening surplus for next year – while helping Council come to a budget less painful than last year’s, it is important to remember this is a one time deal, not a recurring item – unless Governing Body tightens up, make cuts that need to be made through attrition and tap into available sources of revenue here in Point Pleasant Beach, it won’t solve the problem - expressed commitment to taking the steps needed to get onto stable ground.

Administrator Riehl: wished Councilmen Loughran and DiCorcia many peaceful Tuesday nights (Councilman Loughran asked about televising meetings); wished all Happy Holidays.

PUBLIC PARTICIPATION PERIOD OPENED AT 9:13 PM

Dave Cavagnaro: thanked Councilman Cervino for kind words on Beautification Committee and Chamber of Commerce President Carol Vacarro for her involvement; thanked Environmental Commission for replacing tree; asked if there would be a public portion at the January 1st meeting; thanked Councilmen DiCorcia and Loughran for their service to the town – they were always gentlemen, carrying themselves with grace and dignity, and are role models for all aspiring Council Members; echoed comments regarding safety downstairs – Police are behind closed doors and they carry guns – Council has a Police Officer here and metal detector for entry upstairs, yet there is no security for the employees downstairs – every means possible should be made to protect the employees who work downstairs – believes cameras should be installed, along with panic buttons in the downstairs offices; wished happy holidays to all.
Marilyn Burke: asked for clarification concerning surplus in 2009 budget; been a pleasure spending so many Tuesday evenings with Councilmen DiCorcia and Loughran – thanked both for their help, assistance and concerns for Point Pleasant Beach residents.
Brian Schleip: spoke on concerns about the Seashell House ranging from intoxication, arrests and bizarre behavior exhibited by persons walking around the neighborhood – received mail, by mistake, from psychiatric hospital so is aware of serious psychiatric problems in residents there – expressed concerns about not knowing who may be placed there and for the safety of his children as well as the community – asked if town is informed about who is placed there and about guidelines on their operation – would appreciate anything town can do to apprize neighbors as to what types of people are going into this residence.
Monica Walsh: added her voice to the tributes for Councilmen DiCorcia and Loughran; Councilman Loughran has a family history of community service – his father was on Council – even though he’s on different side of political aisle, got along well; Councilman DiCorcia and she were running mates – he is a legacy onto himself, with no issue too small for him to address; expressed best wishes to both.
Nancy Fischer: current residence has been family’s summer home since 1945 – her father built the house with his own hands – spoke about problems with failure on final inspections in 2002, causing her father and herself to become gypsies for one year – home still doesn’t have a final certificate of occupancy – father has passed away, but did not enjoy the last few years of his life – aleged that Construction Official did not know how to do his job and did not care about his job – addressed Councilmen Loughran and DiCorcia, stating she was glad to see them leave office as they were responsible for hiring the current Construction Official.
Councilmen DiCorcia and Loughran responded to Mrs. Fischer’s allegations.
Kitty Philipp: asked about the 2009 Council Meeting Schedule – asked for clarification about introducing an ordinance in January.
Tony Lombardo: echoed Mrs. Fischer’s sentiments regarding her house – just concluded $7,000 in repairs on his property allegedly due to Building Department’s neglect – asked about performance bonds.
Patty Loughran: do not come to Council Meetings and this is why; husband has worked so hard on Council, being away from his children and family, including during situations when she and his children have been ill – has missed his children’s school events – the same is true for Councilman DiCorcia – don't appreciate what was said about them tonight as both a wife and friend – town is the way it is because of the Council people that have come before; wished good luck to newly elected Councilmen Hennessy and Rizzo, because this is what they’re going to have to deal with.
Daniel DiCorcia, Jr: congratulated his dad and Councilman Loughran – their families have seen the kind of hours they’ve put in on town matters; wished newly-elected Councilman Hennessey luck.
Stewart Fischer: idea that this Council can wash over the past and fix problems in the future without finding who’s responsible for past problems is not a responsible answer at all.
Kristin Hennessy: commended, congratulated and thanked Councilmen Loughran and DiCorcia for many years of service to this community – both families go back a long way and both have served honorably – wished that their last Council Meeting and accolades weren’t clouded by what transpired tonight; addressed Mayor about recall letter (of intent) – asked herself why anyone would want to do that – got her answer tonight, seems like there is an axe to grind, over something that happened six years ago – unfortunate that the Mayor is the victim and scapegoat of that – one of the craziest things she’s heard in a while, a threat to the stability and integrity of government.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:53 P.M.

The meeting was adjourned at 9:54 P.M.


Published February06, 2009 | Council Minutes | 737


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