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February 17, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:33PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Attorney Gertner instructed Council on procedures regarding discussion of Mr. Santanello’s actions, with respect to his employment with the Borough. Councilman Mercun added that this was not an evidentiary hearing in the legal sense, public is witnessing what would normally be discussed in executive session.
Administrator Riehl provided background to actions, which caused Mr. Santanello to be provided with a RICE notice, including suspension of the basketball program without the approval of the Recreation Committee and subsequent correspondence. Since Mr. Santanello acted in a manner unbecoming an employee in public service, recommendation was to allow him to finish this season, with appropriate compensation, and to recommend to the Recreation Committee that he not be considered for this position in the future.
Councilman Mercun asked when basketball season ends, if payments were only held from referees, when the program was suspended by Mr. Santanello, if Mr. Santanello authored the e-mail stating “as soon as my referees and hall monitors get paid and I am assured of my job, the suspension will be lifted,” and if he had the authority to suspend the program (no); Councilman Hennessy asked, when salary resolution was held, did Council discuss canceling the program or not paying the officials (no); Councilman Cervino asked if Mr. Santanello's job performance was good up to the point he suspended the program (yes).
Mr. Santanello stated that paperwork (to pay referees and hall monitors) was submitted two weeks before – salary resolution information was submitted the night before – sent a letter to Recreation about increase in program fees – suspended program for a day – the week before Christmas, those refs were looking to be paid and should not have had to wait.
Council deliberated matter: asked about timeliness of payment requests and historical data on timing – did not realize that holding resolution for clarification on the job functions of the director/ assistant directors would result in the non-payment of the referees and hall monitors – was told one man's name on salary resolution was not doing the job anymore – so needed clarification on that – kids suffered due to the suspension – understand he was upset, but created town tempest – wish it was all handled differently – concerned about tone of e-mail – overstepped bounds, because he was upset, but what he did for the town should count – never had disciplinary actions before – due to the fact that parents feel he's done a good job and due to people not volunteering anymore, it would be a loss to Point Pleasant Beach, if he left that job –he learned his lesson about sticking to the facts – sense remorse from Mr. Santanello for his e-mail – everybody's human and we all make mistakes – don't think people should be persecuted for doing one thing wrong.
Councilman Mercun called for a vote on allowing Mr. Santanello to continue as Basketball Program Director through the end of the 2008/2009 basketball season.
VOTE: Council Members Rizzo, Dixon, Cervino, Tooker, Hennessy, Mercun….YEA
Councilman Mercun called for a vote on recommendation that Recreation Committee not consider rehiring Mr. Santanello for the 2009/2010 basketball season.
VOTE: Council Members Rizzo, Dixon, Cervino, Tooker, Hennessy, Mercun….NAY
Councilman Mercun called for a vote on recommendation that Borough Administrator prepare a written reprimand to Mr. Santanello, as Director of the Recreation Basketball Program, citing insubordination and acting outside the scope of his authority as Director by suspending the season without authorization.
VOTE: Councilman Rizzo, Cervino…..NAY
Councilman Dixon, Tooker, Hennessy, Mercun….YEA

A five-minute recess was called at 7:55PM

Mayor Barrella reconvened the caucus session at 8:07 PM. Present were Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo.

Anne Lightburn, Open Space Committee: presented hand-outs regarding Inlet site rehabilitation – if Council agrees to use Open Space Funds, Committee would establish a capital fund drive for this project, with donations funded through the Community Endowment Fund, and actively look for recreation grants. Mayor Barrella asked Committee to reverse its bullet points to do fundraising first – asked if Boardwalk could be put on the ROSI and if Boardwalk maintenance can be addressed through Open Space funds.
Correspondence was discussed with decision to reduce police fees for St. Peters to $25/officer; O'Donnell/Stanton having problem getting contractors, due to significant risks of exposure well beyond the value of the job – recommendation by Attorney that exposure be shared by O’Donnell/Stanton and the Borough – Borough Attorney will contact Joint Insurance Fund.

Borough Engineer Savacool presented information on Lake of the Lillies dredging: surveyed the lake in late November/early December, when surface elevation is at typical high – from a foot of water at Blodgett Avenue, to 3 feet in other locations – sampled material to determine green size, which establishes what a contractor can do with dredge once he takes it out – using those cores, established the historic lake bottom, anywhere from -6 (almost 10-foot depth) to -1 (4-foot depth) – with dry excavation, would have to de-water the lake, pump all water to the pump station, use earth moving equipment and excavate out material to appropriate depths. It is unfeasible to hydraulically excavate material – would need a place to store and de-water it. There are approximately 95,000 yards of sediment to be removed –estimate to remove 100% of sediment, install manufactured treatment devices at current inlets, etc., would be $4.5 million – excavating to a -2 elevation, about $3.5 million – excavating to -1, about $2.6 million – a zero contour would cost about $1,700,000.
Mayor Barrella: need to look at recommendations and consider other funding sources, so when we decide, will be in a position to file for permits; Councilman Mercun: asked, once Council has arrived at plan, how long it could take to obtain permit) around six months Councilwoman Tooker: an avenue for funding is the EIT program; Councilman Rizzo: state grants have to be paid back – DOT and County caused problems with Lake (getting into realm of closed session); Attorney Gertner: Council over years feel other entities have contributed problems to the lake and Council is determining whether to file suit for contribution.

Motion by Councilman Mercun, to enter closed session to discuss 3 contractual matters, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Closed session started at 8:43 PM and ended at 8:51 PM

Mayor Barrella called the regular meeting to order at 9:00 PM. Present were Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mercun to approve the minutes of the January 20, 2009 and February 3, 2009 Council Meetings as amended by Clerk Ellsworth, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino*, Dixon, Rizzo….YEA
*Councilman Cervino clarified that his ‘no’ vote to consent resolutions on February 3rd was not meant to be a ‘no’ vote on all items.

Ordinance 2009-03 (Establish meter operation to begin March 1/Add Parking Machines in New Jersey/Ocean Avenue Lot) was considered on second reading. Mayor Barrella opened hearing to the public.
Stewart Fischer: asked that a meter be placed in front of his house
Motion by Councilman Mercun, to close public hearing and adopt Ordinance 2009-03 on second reading, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-04 (New Jersey/Ocean Avenue Parking Lot) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Mercun, to close public hearing and adopt Ordinance 2009-04 on second reading, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-05 (Establish duties of Plumbing Sub-Code Official) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-05 was approved on first reading. The public hearing will be held on March 3, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-06 (Amend Grease Trap Ordinance) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-06 was approved on first reading. The public hearing will be held on March 3, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Clerk Ellsworth added several items to consent resolutions listed below; Stewart Fischer: asked why Borough Attorney was acting and being paid regarding the ‘Ingenito v. Ammirata’ lawsuit; Vince Castin questioned restriction grant on Boston Avenue – asked about amount on item ‘w’; Dave Cavagnaro: asked where units purchased in item ‘f’ would be placed – with regards to item ‘x’, fundraiser should not be at expense of taxpayers; Ben Dispoto: should recoup money for the police in item ‘x’ – give benefit to people in town, but out-of-town should pay a bit more; Councilman Hennessy asked for amount associated with item ‘i’; decided to vote on matters ‘i’ and ‘x’ separately.
Motion by Councilman Mercun, seconded by Councilman Hennessy, resolutions covering items listed below were carried by the following roll call vote:
a) Scheduled payment to PPB Board of Education ($1,542,926)
b) Payment to Alarm Distributors for repairs to cameras ($3212.63)
c) Payment to Ocean County Landfill for tipping fees ($25,000)
d) Approval of Payroll #4 ($230,277.89)
e) Approval of banner permit applications for Columbus Day Parade
f) Authorize purchase of ‘Away with Geese’ geese deterrent units ($1396)
g) Approve memberships in PPB Fire Company #2 (2)
h) Payment to Maxor Plus for employee Rx benefits ($54,343.49)
i) HELD for separate consideration
j) Proclaim March as Women’s History Month
k) Progress Payments 1 & 2 to Roof Diagnostics for municipal building roof restoration ($74,751)
l) Green Trust Payment #23 to N J for Pleasure Park rehab ($2052.04)
m) Salary Adjustment for K Mills for passage of certification course
n) Payment to the Galvin Law Firm from Planning Board accts ($1924.38)
o) Payment to Johnson Realty Services for assessment reports ($2970)
p) 1st quarter payment to OCUA ($175,850.40)
q) Payment to Spiezle Group for Shared Services Grant prep ($2375)
r) Approval of ABC social affair permit for American Cancer Society on 5/8/09
s) Authorization for Mayor to execute conservation restriction grant with State for Boston Avenue bulkhead repairs
t) Payment to JBC Safety for traffic cones ($2115.37)
u) Payment to Motorola for OEM radio ($4772)
v) Approval of computer generated vouchers ($1,176,787.40)
w) Emergency Appropriation to 2009 Temporary Budget
x) Held for separate consideration
y) Approve settlement with TWU – CLOSED SESSION ITEM
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Motion by Councilman Mercun, to authorize applying for NJ EIT Grant/Loan for Lake of the Lillies dredging, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon….YEA
Councilman Rizzo….NAY

Motion by Councilman Mercun, to set police fees for St. Peter PTA 5K run at $25 per hour, per officer, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Mercun, Tooker, Cervino, Dixon….YEA
Council Members Hennessy*, Cervino….NAY
*Councilman Hennessy: rate should be set at $15 per hour, not $25


Councilman Mercun: Receptacle Ordinance Review Committee (RORC) will meet tomorrow; met with Administrator Riehl, Councilman Hennessy, and Councilman Dikun from Pont Pleasant Finance Committee last week – discussed terms, mutual advantages and possible disadvantages of accommodating both municipal courts and code enforcement, in regards to finances – Mayors would communicate about shared services; will submit to RORC, photographs of garbage at Brave New World – noted plywood dumpster and garbage bags alongside – enraged by no attempt to place in receptacle – might be impacted by President’s Day – spoke with DPW and Code Enforcement (Councilman Rizzo: responded to Councilman Mercun’s comments on garbage and the law; yellow car with hood and trunk up on Inlet Drive, by Coast Guard Station, has been there since last summer – there is a Corvette behind A&P Liquors with no plates, probably unregistered – lack of enforcement in town; attended Zoning Board meeting and watched someone, who wasn’t abiding by ordinance, crucified about his house (architect & attorney with him – wanted to correct) was told he couldn’t speak as he was a Councilman – mentioned houses with third floors around Lake Louise and other areas – ordinance was passed, but not enforced – another was passed, allowing people to get permits for those third floors and not be fined – no one has come to get them – all along Ocean Avenue, people are living on third floor – this gentlemen only wanted an office overlooking Lake Louise – Zoning Board did their job – he didn’t get it and has to come back – but all over town are areas that haven’t complied and haven’t been enforced).

Councilman Hennessy: Safety Council will meet February 19th at 6:30PM; asked Administrator Riehl if she had gotten in touch with NJ Transit about garbage pick-up; thanked Mr. Castin for efforts and input on how spending can be cut – Finance Committee will consider his letter – appreciated the input; noted newspaper article about NYPD going green – trying out hybrid vehicles – if New York can do, so can Point Pleasant Beach – would save $8,000 per car.

Councilwoman Tooker: two-year project came to fruition with completion of Osprey Platform at Lake of Lillies – thanked Pete Ritchings, as it was built in his backyard, along with the Rickman and Donoghue families, Mark Drew and his two children, and Kristin and Elaine Hennessey for their hard work – demonstrated joint effort between Environmental Commission and Animal Welfare Committee; Chamber of Commerce will host fundraiser for Jazz Fest, February 26th at Europa South; Jenkinsons put a recycling display in Chamber of Commerce window – thanked them for their efforts; Recycling Task Force is excited about RORC – noted this week’s article/ Letter to the Editor about recycling, enforcement, cost to taxpayers – have stickers, re-wrote the ordinances, and used other measures to enforce and increase recycling; thanked Councilman Mercun for working so hard as Finance Chair and thanked public for calls and e-mails – taking all suggestions into account.

Councilman Cervino: was informed about rusting meters in Asbury Park – acknowledged and congratulated DPW employees, Joe Pizza, Dennis Russell and Ernie Errico – due to their efforts, meters aren’t rusting in Point Pleasant Beach; there is residue from slow burn done on Antrim Field – some has blown onto Chicago Avenue – residents have been disturbed; spoke with DPW Superintendent Trout and BOE Superintendent Ravally – Board of Education’s front end loader isn’t operable, so they are going to use Public Works’ to scoop up residue and get field back to pristine condition; on Maryland Avenue Beach, dogs are already leaving stackings behind (Councilwoman Tooker: signs need to be made – people may not realize it’s legal – have a grant in for more doggy bags) still questions why they aren’t picking up – doesn’t believe new signs will change this; congratulated Mrs. Donoghue for nice “Ocean Star” article about her – wished her luck in her efforts with the (Boston) Marathon; there is an Open House in the works for Risden’s.

Councilman Dixon: had workshop with Parking Committee last week – meeting on February 24th at 6:30PM to present recommendations – encouraged public to attend – stressed that now is time for questions/input; noted 40 adult arrests in January – commended Police Department for keeping eye on town; commented on green cars – there is state bid process – before deciding, Council should sit in them – there’s no room in the Crown Victorias and Chevy Impalas now, with computers, radar, cages, etc. – asked if anyone has ever tried to put someone in the car who doesn’t want to go in – forget about trying to squeeze them into an Altima – these miniature cars are not a good idea; train lot signs are still not up – was told they are working on it (Councilman Hennessy: article addresses Councilman Dixon’s concerns –NYPD liked the Altimas for their roominess –partition makes for a tight squeeze for prisoners, but allows more leg room for Officers than a Crown Victoria).

Councilman Rizzo: met with Animal Welfare Committee – fantastic group – has captured, neutered, inoculated 95 cats – benefit on March 29th at The Ark – welcome cat food donations; as former police officer, not against anything police agenda goes for but, as taxpayer and person, have to watch every dollar – have 11 specials, don’t know how many are from Point Pleasant Beach – pertains to all things we are to sign for tonight, such as medical testing – a lot of these kids come from other towns – asked for specific statistics – instead of specific answers, received volumes of reports and papers – maybe didn’t ask the questions precisely, but the attitude appeared to be “here it is, figure it out yourself” – wants it publically known that he’s asking for specific information, because he wants a better understanding of the exact financial situation we are in – isn’t about vendettas and retaliation – it’s about accountability – particularly to taxpayers – representing taxpayers and safeguarding their interests is his job – asked Administrator Riehl for total amount of raises given in 2008 and dollar amount of raise increases for 2009 – requested union contracts for last three years, including PBA – wants to see why raises are being considered – union or non-union – taxpayers cannot afford this – it is unacceptable – options are to cut positions, freeze wages, implement furloughs, or all of the above – asked Chief DePolo for total number of police, specials and summer help for each year, 1997-present – has a 2008 report that an additional $230,000 was paid in overtime, comp and adjustments, above and beyond salaries and benefits – asked why summer help isn’t hired to eliminate overtime – asked if it’s managements’ job to manage fiscal resources – $230,000 doesn’t look like management doing their job – asked if it isn’t obligation of council members to ensure they do (Mayor: asked if the information he asked for is readily available; Chief: supplied fiscal information he asked for – wanted arrests going back several years grouped by districts – would have taken months to categorize it that way – our computer systems can’t do that) information can be retrieved through the unified crime index (Mayor: asked if he’s aware police contract was dictated through an arbitration award) no (Mayor: when agreement wasn’t reached, PBA filed for arbitration – under NJ Public Interest Arbitration statute, it is binding – that award dictates the terms of the contract that runs through 2010 – he and Administrator Riehl have asked PBA to sit down to talk about the possibility of modifying that agreement, as other unions have, in terms of medical and prescription drug co-pays –have no ability to say ‘no’ to the contract because it’s forced upon us by law) disagree to a point – in Mr. Hennessy’s letter, he states that during times when we were making big money, unions were in control – now we are in control – we can freeze or cut salaries – not looking to lay-off or fire anybody (Mayor: trying to understand how to do that with a police contract that was handed down by an arbitrator – you’d like to single out TWU and Teamsters) not trying to single out anybody – just saying, with these different unions, we should have a better say in what’s going on (Mayor: have been renegotiating agreements with TWU – have asked about police – will continue to).

Mayor Barrella: Finance Committee knows Borough needs to shrink size of government – made analogy of losing weight two ways: go on a diet or cut off your left arm – Councilman Rizzo seems to advocate the latter, while Finance Committee is taking the diet approach –need to grow revenue, while shrinking size of government, without comprising integrity of Point Pleasant Beach – have the lure of tourism and status of being a great place to live – attacking this on both fronts; received complaint that a number of street lights are out – asked Councilman Rizzo to speak to Chief DePolo and work with Sgt. Otto to identify them; asked about sign to be put at train station (Administrator Riehl advised it’s not working) – heard people were riding bikes and walking dogs on Boardwalk – until ordinance is amended, it’s not allowed – has spoken to Chief DePolo; received call from Mayor of Bay Head – will be meeting regarding shared services, at least in area of DPW services.

Administrator Riehl: will meet Tuesday with County Engineering about River Avenue – should know final outcome by next week; sent letter to NJ Transit regarding lease of property on west side of track – received e-mail saying they weren’t sure if still interested in leasing it out and would need several weeks to get back to us – sent letter to State of NJ, asking if interested in discussions about state property by bridge project – haven’t heard back; checked with Borough insurance carrier to see if eligible for 5% discount on flood insurance – still rated a 10 in FEMA database – Construction Official Gardner said it would take about a year for FEMA to update website – provided letter residents can use to receive 5% discount – can also get it from Building and Administrator’s offices.


Stewart Fischer, Pt. Pleasant Beach: spoke about security of entering court room, dumpster violation being responsibility of drivers and those who determine their routes, and taxpayers bearing burden when ordinances are violated.
Dave Cavagnaro, Pt. Pleasant Beach: Parking Committee to present plan on February 24th – requested Council move it to Antrim School, noting volume of turnout from prior meeting.
Patti McAndrew Pt. Pleasant Beach: thanked Councilman Dixon for Parking Committee; asked Councilwoman Tooker if any plans for more recycling receptacles on Boardwalk; asked about use of bio-diesel fuel, recycling and harnessing wind energy in ocean; loved Councilman Hennessy’s green ideas; requested apology from Mayor Barrella for a letter he allegedly had former Councilman DiCorcia read.
Anthony Lombardo, Pt. Pleasant Beach: agreed with Councilman Rizzo – lot of talk and nothing gets done; mentioned house on Trenton Avenue –committee should be made to report to Mayor; spoke about zoning ordinance interpretations; expressed concerns about garbage enforcement.
John Szafranski Pt. Pleasant Beach: spoke about garbage and bulk items picked up by DPW on Chicago Avenue; submitted 6 complaint forms – received answer on only one – asked what good is it to complain, if not being honored; mentioned construction truck parked in town and not moved; never gets response to questions about tourism revenue – expressed frustrations about cost to taxpayers – looking for option tax – need to start with legislature.
Kristen Hennessy, Pt. Pleasant Beach: echoed Mr. Cavagnaro’s request to hold Parking Committee Meeting at Antrim School; talked about garbage – town is filthy; disappointed with recyclable collection in District II – garbage men need to be tidier during clean-up; asked if any action on bicycles chained to lamp posts at train station; thrilled to hear Lake of the Lillies will be dredged – asked if application had been made to NJ Department of Transportation; asked about Rickover Park.
Craig Jones, Pt. Pleasant Beach: happy about lake dredging; asked about RFP for plantings
Ben Dispoto, Pt. Pleasant Beach: clarified that Verizon gave grant for Osprey Platform; asked about revisiting bikes on Boardwalk in off-season; reminded everyone that the real money in recycling is the savings at the landfill; thanked Mayor, Council and Administrator and encouraged them to push on with business of shared services.
Guy Dempsey, Pt. Pleasant Beach: when he was in charge of Boardwalk operations, there was a year when assaults were up and there were numerous other problems – in 1977, recalled an agreement with some Boardwalk concession owners – one was supposed to be paying for 6 special officers – asked if town collected on that.
Max Gagnon, Pt. Pleasant Beach: issues in town are two-way street; spoke about garbage – asked why school is using Waste Management; frustrated that things are brought to Council – nothing gets done in reasonable amount of time – then it becomes a problem; Boardwalk can be put on ROSI.
Robert Ingenito, Pt. Pleasant: upcoming appeal to Board of Adjustment is April 16th – an appeal of Code Enforcement Officer Petrillo’s decision that allows home occupation to be used at that location – filed civil lawsuit against neighbor, which he won (Attorney Gertner and Mayor Barrella suggested he not speak here without counsel); closed with quote from Ghandi.

The meeting was adjourned at 10:56 P.M.

Published April10, 2009 | Council Minutes | 769

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