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January 20, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:32PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino and Dixon present. Councilman Rizzo was absent due to a death in his family. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department head memos and correspondence, as well as other matters, not listed on the agenda, were discussed and some items were moved to the agenda for action; towing contract issue was moved to Closed Session; Councilman Cervino asked Council to consider a freeze on professional services - suggested establishing a policy requiring all employees to use a time clock and log sheets; RFP’s for both joint and separate operation of former Risden’s concession and bathhouse were authorized; Councilman Mercun asked that ordinance be drafted for former Risden’s parking lot fees for review by Green Acres; Mayor Barrella added that lot needs to be painted and striped – one or two of the train lot boxes can be used at Risden's – parking fee should be consistent with other lots RFP’s for concession and bathhouse, for operation of both, together and separately, should be authorized as well – must move quickly – Green Acres would like some lockers held for daily rental – will have to be reviewed by DEP in order to be eligible for $1.5 million match; per Councilman Mercun’s request, an RFP/RFQ for lake plantings was authorized; Councilman Hennessy spoke about dog licenses and State requirement – cannot issue license unless rabies is good for the first ten months of license period Recycling Committee would like to address Council at an upcoming caucus about ways to save money; Tax Assessor Carpenter has requested that town advertise RFP for consultant to perform appraisals on new buildings and re-assess other building projects in an effort to realize tax revenues quicker; Ocean Fire Company #1 has asked to put generator in adjacent parking lot, because its too cost prohibitive to upgrade roof for placement there; Administrator Riehl was authorized to move on energy audit, utilizing Borough employees, in an effort to minimize professional fees - Sharon Cadalzo explained audit process; Mayor asked that matter of Council President be deferred out of respect for Councilman Rizzo - Attorney Gertner advised that a decision must be made at next meeting or the Mayor will have to appoint – consensus was to defer designation of Council President until February 3rd meeting.

Motion by Councilman Mercun, to enter closed session to discuss 1 litigation, 1 contractual and 2 personnel matters, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon….YEA

Closed session started at 7:21 P.M. and ended at 7:58 P.M.

Mayor Barrella called the regular meeting to order at 8:05 P.M. Present were Council Members Mercun, Hennessy, Tooker, Cervino and Dixon. Councilman Rizzo was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Mayor Barrella announced that Councilman Rizzo was absent due to the death of his sister - prayers and condolences go out to him.

Motion by Councilman Mercun to approve the minutes of the December 2, 2008 Council Meeting, was seconded by Councilman Cervino carried by the following roll call vote:
VOTE: Council Members Mercun, Tooker, Cervino, Dixon….YEA
Councilman Hennessy…..ABSTAIN

Ordinance 2009-01 (Resident Parking Pass for Railroad Station Parking Lot) was considered on second reading. Mayor Barrella opened hearing to the public.
Dave Cavagnaro: asked to table or amend to include all taxpayers - tourism report indicates 40% of taxpayers get $1 in services for each dollar they pay and other 60% get $5 in services – discrimination - don't object to doing something for commuters, but all taxpayers who pay for the system should have the right to access - Parking Committee has indicated that what is proposed should be equal for all taxpayers
Stewart Fischer: purpose of tax is to provide service for taxpayers communally – injustice to target non-resident taxpayers, who have no one to speak up for them - require less services and don’t vote here – instead of looking for new revenue sources, enforce existing ordinances and cut spending.
Ben Dispoto: asked if residents could park cars in train lot on weekends with resident pass.
Patrick English: heard it said non-resident taxpayers don’t need this pass, since it’s only a temporary basis for three months – Council should throw them a bone and have them pay for it anyway.
Mayor Barrella: Parking Committee has not yet made any recommendations.
Motion by Councilman Mercun, to close the public hearing and adopt Ordinance 2009-01 on first reading, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun*, Hennessy**, Tooker***; Cervino****….YEA
Councilman Dixon*****….NAY
*Councilman Mercun: non-resident taxpayers are underrepresented – will meet with the Parking Committee to discuss their proposals – concerned that, while doing this, residents will suffer - there hasn’t been a conscious decision to exclude non-residents – want their voice to be heard – shouldn’t be discriminated against - when parking plan gets addressed, public will be heard – maybe resident non-taxpayers should be put in a different category – voting ‘yes’ so as not to punish residents.
**Councilman Hennessy: voted ‘yes’ because it’s only a three-month period – shouldn’t be hitting resident commuters in their pockets.
***Councilwoman Tooker: voted ‘yes’ for the same reasons as Councilman Mercun.
****Councilman Cervino: echoed Councilman Mercun’s comments – don’t see this as an injustice/discrimination- decision is not being based on bias or injustice – takes umbrage to that suggestion.
*****Councilman Dixon: misrepresentation about what the Parking Committee plan will involve - one of the recommendations is that it be balanced and equitable to all residents, businesses and other property owners – someone who pays taxes should have the same ability to park at the train station as someone who lives here full-time – was voted down several meetings ago – shouldn’t have been put on the last meeting – didn’t want to see residents punished but, if this was straightened out before the January 1st meeting, all taxpayers would be able to park there – if Parking Committee recommends everyone be treated equally, will cost to change ordinance – Parking Committee may take months – then, getting into summer months – non-residents should be able to park in the lot for the same $10 fee as any other taxpayer – it’s wrong that these people aren’t given a fair shake.
Mayor Barrella: on March 6, 2007, Councilman Dixon voted to table an amendment to the Resident Parking Pass program, offered by former Councilman Corbally, and not extend to non-residents – residents are not getting any more than they have for the last two years – former Borough Attorney Starkey called it a rational exercise of the Council's police power – neither illegal nor unconstitutional – when time comes to consider an overall parking plan, non-residents need to be treated fairly – has not closed his mind to extending benefits to non-residents, nor has he committed to doing that –this is just a continuation of an existing policy – this is not the time to make a policy change.

Ordinance 2009-02 (Amend 2008-21 establishing electrical fees) was introduced on first reading. Motion by Councilman Cervino, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-02 was approved on first reading. The public hearing will be held on February 3, 2008.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon….YEA

Clerk Ellsworth added several items to consent resolutions listed below. Elaine Hennessy: asked if dumpster in railroad lot could be moved and fenced in (Administrator will check); Councilwoman Tooker: asked how new Special Event recommendations would be implemented; Councilman Cervino: asked how up-front bond could be implemented.
Motion by Councilman Mercun, seconded by Councilman Hennessy, resolutions covering items listed below were carried by the following roll call vote:
a) Appointments to Local Emergency Planning Council
b) Salary Adjustments for passage of certification courses
c) P O to Motorola for OEM radio ($4772)
d) Payment to Brick Utilities for December ($48,270.88)
e) Approvals of Payroll #26A ($144.41), #1 ($251,561.70) and #2 ($230,337.98)
f) Scheduled payments to PPB Bd of Education ($1,225,156.88)
g) Progress Pay’t #1to Roof Diagnostics for DPW roof restoration ($22,800)
h) Adjustment to minutes of 9/16/08 – payment amt changed from $232,585.40 to $132,585.40
i) Clarification of 7/15/08 to reflect payments listed on resolutions but not on cover page
j) Appt of Carmine Villani, Villani and DeLuca, as alternate public defender
k) Appt of Douglas Jones as conflict prosecutor
l) Authorization for Clerk to order time clock (>$500) m) P O to APC for UPS RT 8000VA for police dept. ($4160)
n) Payment to Pt Pleasant for erroneous T-Mobile payment to Pt Pleasant Beach
o) Payments to CMX from escrow accts ($2016)
p) Refund Bd of Adjustment escrow balance ($77.50)
q) Payment to Schulman, Wiegmann from Bd of Adj escrow ($250)
r) Authorize P O Grace to purchase Motorola boards ($200)
s) Payment to Ocean County Landfill for tipping fees ($25,000)
t) Payment for insurance opt-outs ($1776.07)
u) Approval of Recreation basketball program salaries
v) Payment to Bob Meany as per retirement agreement ($22,385)
w) Authorization for Mayor to execute contract with Ocean ATM
x) Approval of December hand checks ($31,266.84)
y) Payment to HD Supply Waterworks for meters ($17,055)
z) Performance Bond Reduction – Curtis Ave, LLC
a) Payment of 1st quarter tax levy to County of Ocean ($1,803,165.83)
b) Payment to JBC Safety, Inc for traffic cones ($2115.37)
c) Payment to CDWG for 10 MS MBG Office 2007 ($2797.80)
d) P O to CDWG for Panasonic ruggedized computer & software ($4279.19)
e) Payment to Surfside Motel thru NPP façade grant ($5000)
e) Payment to Nasce thru NPP façade grant ($2223.85)
f) Payment to Pedroni Fuel for LS Diesel Fuel & gasoline (15,027.37)
g) Payment to Sungard for CAD 400 & Crimes Mgt System maintenance ($20,930)
h) Payments to Galvin Law Firm from Planning Board Accts ($1715)
i) Payments to CMX from Planning Board escrow accts ($544)
j) Payments to Galvin Law Firm from Bd of Adjustment accts ($1032.50)
k) Payment of Schedule C charges to County of Ocean ($17,681.82)
l) Approval of American Legion request to hold annual poppy drive
m) Authorize Birdsall Engineering to proceed with Lake Louise dredging project as per proposal dated 1/2/09
n) Permission for PPB Little League to sell advertisement on signs and place on fence at field adjacent to Route 35N
o) Authorization to establish time keeping policy for Borough employees, including time clocks and log sheets
p) Authorize draft of ordinance for parking fees in Ocean/New Jersey Avenue parking lot
q) Extend dog license application deadline date to February 15, 2009
r) Authorize preparation of RFP for individual to perform supplemental appraisal services in tax assessor’s office
s) Permission for fire department to place generator on Borough property
t) Appointment of Jude Walker to the position of Recycling Coordinator – CLOSED SESSION ITEM
u) Approval of Kidney & Urology Assoc S/E application for walk on 5/3/09
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon….YEA

Mayor Barrella made appointments to Beautification and Recreation Committees; appointed Pamela Rickman to the Shade Tree Committee.


Councilman Mercun: Finance Committee will meet with CFO Riehl to review submitted budgets and revenue earned through fiscal year 2008 - picture is bleak - have to really cut back; Chamber of Commerce is moving forward with June Jazz Fest - Tourism Advisory Committee is meeting on Friday; no comments with respect to Lake of Lillies because of litigation - asking for RFP for plantings; ethics work is ongoing.

Councilman Hennessy: Recreation Committee held senior bus trip to Count Basie Theatre - thanked Frank and Anthony Storino for providing transportation - Recreation will have a ski trip on January 31st, in conjunction with Lavallette; Safety Council is meeting on Thursday – will address issue of snow removal, a primary concern for students and senior citizens - some residents aren’t following the snow removal ordinance; Board of Education is having a special budget input meeting on January 31st, 11AM, at Antrim school media center.

Councilwoman Tooker: Point Pleasant Beach Public Education Foundation is hosting Casino Night at the Lobster Shanty on Friday; Chamber of Commerce Annual Dinner Dance is on Saturday - recognizing former Councilman DiCorcia; meeting with State officials tomorrow, along with Clem Bremmer, about Rickover Park; meeting with Jenkinson’s officials, along with Councilman Mercun, on Thursday; Mr. Gagnon and Mrs. Lightburn will be going to Congressman Smith’s office on Thursday to discuss situation at the Inlet – trying to get the Army Corps of Engineers involved.

Councilman Cervino: Building Department revenue is up 9%; hazards and violations have all been rectified and resolved at the DPW building; been a drop in number of complaint forms - when there’s something in town bearing one’s attention, this is the form that needs to be filled out - incumbent on town officials to get this to the appropriate liaison and department for resolution; something needs to be done about geese - issue affects health and safety of citizens and their offspring.

Councilman Dixon: reported on meeting between police representatives and motel owners – provided refresher course on the do’s and don’ts of registering and monitoring guests - disappointing that more motel owners did not show up - representative from Kimball Hospital discussed how to deal with people with alcohol, drug and mental health issues; Parking Committee will meet tomorrow night at 6PM; recognized Officer Drew for excellent scores at Police Academy in academics, firearms and physical training; will be a retirement party for former Councilman DiCorcia on February 7th.

Mayor Barrella: offered condolences to Councilman Rizzo and his family; announced service for Barbara Lemma on Saturday at Holy Trinity Lutheran Church in Manasquan; attended Mayor’s Legislative Day – per Governor, everything is terrible but will be okay - things don’t look good at State; spoke with acting DEP Commissioner and other State representatives - thanked them for Lake Louise and informed them that Lake of the Lillies is on its way; spoke about recent “Ocean Star” letter, submitted by Ed McGlynn, Jenkinson’s General Counsel, which referenced an Op-Ed piece, submitted to “The Asbury Park Press” jointly with Councilman Mercun - “The Asbury Park Press” published it as if only written by the Mayor and changed the language – gave original and “The Asbury Park Press” version to “The Ocean Star,” so people can see what Mr. McGlynn was writing about - Councilman Mercun and I are asking for local levies on four things - sale of alcoholic beverages, beach badges, private parking lots and extension of hotel/motel tax to seasonal rentals - Mr. McGlynn did not deal with the three issues that directly affect his client (beach badges, parking and levy on liquor sales), but chose to talk about the extension of hotel/motel tax to seasonal renters - timing of letter is curious – suspect it’s a shot across the bow of local Republican legislators and leadership, letting them know this is not something Mr.McGlynn favors - he’s politically connected enough to be aware that the Governing Body is making progress – have had discussions with Democratic legislators - Governing Body is close to getting an extension on hotel/motel tax, in order to level the playing field for motel owners and bring additional revenue into Point Pleasant Beach - looking for a levy on discretionary spending- need to shrink the size of government, cut costs and raise revenue - can’t do one without the other - will continue to move forward - Council will make whatever decisions necessary to regain financial stability in Point Pleasant Beach - asked Chief DePolo and Public Works Superintendent Trout to come up with a plan to eliminate approximately $1.2M from the $5.8M that was spent last year in Public Works and Police budgets – asked them to come up with a plan to provide services for 20% less than was budgeted last year, and asked that they advise Council on the impact of those cuts - this 20% represents roughly half of what town would take in if it was able to levy fees on discretionary spending - doesn’t include parking - imperative to get this done.

Administrator Riehl: working on next installment of quarterly newsletter, in conjunction with Board of Education - deadline is March 15th; thanked Public Works Department – structural problem downstairs has been fixed; all paperwork for Inlet has been filed and the $300,000 should be on its way; First Aid Dive Team did fabulous job taking still shots and video of the Inlet seawall - the structure was different than anticipated - working on cost estimates now - regardless if the Army Corp helps the Borough, it really needs to get fixed as soon as possible (Councilman Cervino asked about giving Dive Team a proclamation).


Stewart Fischer: asked why town was getting $300,000 from Green Acres instead of $500,000 – thought it was supposed to be 50% of purchase price/appraised value and town spent $1 million; spoke about “The Ocean Star” article reporting on the Re-organization Meeting –the honor and dignity of our beloved town was strewn through the mud and libeled –town needs to chastise the newspaper and consider revoking their business license - newspaper has been showing a bias, grinding an ax - Councilman Rizzo and he have been the subject of sparks and it’s not appreciated.
Dave Cavagnaro: thanked Councilman Cervino for encouraging words about geese - excessive amount of fecal matter is equal to fertilizers in polluting parks, playgrounds, sidewalks, lakes and streams - understands working to control reproduction, but not addressing current situation or new geese; inquired again about any County feedback on River Road; referred to Councilman Hennessey’s newspaper quote this past summer – asked him about assessments - had reached out to County - asked for timeline on when he may be able to report back.
Marilyn Burke: very pleased to hear that people were commissioned to look at cutting next year’s budget by $1.2 million - asked Mayor what he has done insofar as looking at regionalization of services.
Vince Castin: referred to COAH moratorium - hoped we can stand back and not forge ahead if we don’t have to; asked if non-residents can be billed for snow removal on their properties; asked about Public Works replacing cans from where they took them; spoke about geese problem – nationwide, they are blamed for 1,100 airplane strikes between 1990 and 2007 - 560 hits damaged aircraft (80,000 direct impacts between geese and planes since 1990 – more than 200 people died).
John Szafranski: asked if there would be public review of budget; complimented Councilman Cervino on time clocks and sign-in sheets; put in six complaints in September and has received only two back; glad to hear talk about ethics again; asked if Borough has heard anything about local option taxes, or from DCA about police study.
Guy Dempsey: for three years has been asking why town is picking up dumpsters from beachfront restaurants and hotels – goes against Ordinance 3-8.2(g)(4) - one establishment had two yard dumpsters (which is 4 yards) picked up daily in summer – that fills one town garbage truck every 1˝ weeks, costing the Borough $1,000 to dump in landfill – comes out to $23,000 per year for one establishment and it’s illegal - wants to know what Mayor and Council are going to do about it; commented on Councilman Mercun’s reference to the allocation of garbage cans being based on number of mercantile licenses an establishment holds.
Max Gagnon: as Open Space Committee member, suggested holding an Open House at Risden’s, so residents can see what they purchased; asked about re-visiting suggestion of using one person on trucks for garbage removal - been working with Mr. Dempsey - requested Council issue a letter to people presently over-taxing our dumping fees, giving them 30days notice to go commercial.
Ben Dispoto: thanked Mr. Dempsey for bringing this issue back up - addressed this two years ago - putting dumpsters in streets is a traffic obstruction – a lot of recycling is also in dumpsters; other towns are starting to impose hotel/motel taxes; thanked Councilman Cervino for taking care of debris on football field; thanked Police and First Aid Squad for multiple visits to an ailing neighbor, with special acknowledgement to Sgt. Rich Otto and Officer Derek O’Neill for their professional and courteous service.
Council Members Mercun and Tooker: asked Attorney Gertner to examine ordinance and draft letter to commercial establishments; Councilman Dixon: suggested establishing fees to empty dumpsters.
Craig Jones: asked Councilman Mercun if RFP for planting was part of the Lake Action Plan and about the time frame - asked if lawsuit was filed by Lake of the Lillies group - asked if progress was stopped because of this lawsuit and when it was filed - when first lawsuit was filed by Save Lake of the Lillies, DEP issued a permit for shoreline restoration and town volunteers cut the weeds - asked what the different was between then and now - should still be able to move forward - to date, more than $20,000, not including the most current legal action, has been spent on legal fees over the past two year - more money being spent on lawyers and engineers and nothing is being done at this lake - town has had this lake for thirty-five years and nothing has been done with it.
Elaine Hennessy: Boardwalk graffiti at the end of Broadway has been there for two years – asked why town doesn’t remove it; has counted 55 fluorescent green signs that were recently erected– Manasquan has 18 and Brielle has 5 – asked what signs with bicycles mean - absolute sign pollution.
Dan DiCorcia: congratulated Councilman Hennessy; reminded Governing Body to change ordinance to start collecting meter revenue on March 1st.
Kristin Hennessy: First Aid and Fire Departments are promoting January 31st fundraiser for Caitlin Pirl; Animal Welfare Committee has endorsed “Away with Geese” lights, a non-violent method of dealing with problem - quoted Mahatma Ghandi: “the greatness of a nation can be judged by the way its animals are treated.”

The meeting was adjourned at 10:17 P.M.
Transcribed By: Scarlett Johnson
Attest: Maryann Ellsworth, Municipal Clerk

Published February24, 2009 | Council Minutes | 747

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