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March 3, 2009

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:33 PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino and Dixon present. Councilman Rizzo arrived at 6:37 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Mayor Barrella opened discussion on parking plan, giving budgetary reasons for consideration: in fall 2007, along with running mates, Council Members Tooker and Cervino, predicted that town would have growing deficits if something wasn’t done to raise revenue from non property tax sources – from 2002 to 2007 spending increased by $2.8 million – $2.2 million of it from 2005 to 2007 – predicted, if nothing was done, town would end up approximately $3 million in the hole, in terms of spending outstripping property tax sources, between 2008 and 2010 – been working on raising tourism revenue by lobbying Trenton to allow town to levy impact fees, for example taxes on alcoholic beverages, fees on beach badge sales and on private parking lots – things done for other municipalities – along with Councilman Mercun, co-authored an Op-Ed piece in “Asbury Park Press” – Council passed resolution last year seeking ability to levy impact fees – convinced Democratic legislator to sponsor legislation to extend hotel/motel tax to seasonal rentals with the State’s 2% portion going to State police patrols in rural communities – condition was to get Republican sponsorship – asked District 10 legislators, but they have not returned calls – proposed parking plan, last year, which was calculated to tap into the only significant source of revenue the Borough controls – was modified to incorporate Councilman Dixon’s suggestions – objection was that it was too complicated, unfair or inequitable - consequences of not getting it done last year were a $1,077,000 increase in municipal tax levy and less surplus than any prior year, probably going back to 2002, when town had its last major tax increase before 2008 – last spring, asked Parking Committee chairs for a proposal to raise parking revenue – committee worked hard, discharged duty with diligence and presented recommendations last week – in 2007/2008, we recognized that raising revenue was not enough, we had to cut spending – if all we do is raise revenue, we’ll end up in the same place years from now – controlling spending is imperative – if this Council was to adopt an Ordinance based on Parking Committee recommendations, town would still have to cut expenses – question is how – Finance Committee has been working to cut spending to get within State-mandated cap, which precludes us from raising taxes over 4% on last year’s tax levy (about $200,000), which equates to 1/8 cent, as compared to last years’ total tax increase of 4.4 cents – their work has been exemplary to get town from $1.5 million deficit to current figure, but what they have done is the equivalent of putting a Band Aid on a severed artery – if town cuts $100,000 from some department this year, not likely to be able to cut that same $100,000 next year, without having an adverse impact on services – short-term fixes won’t get it done – the work that the Finance Committee and CFO are doing is tremendously important and they are doing a tremendous job, but it is not the ultimate long-term solution, which is to raise revenues from non-property tax sources or make drastic, substantial spending cuts.
Councilman Mercun: Finance Committee is working with CFO to find savings in budget – will recommend budget which entire Council will have to review and pass – started $1.5 million over State cap – would be irresponsible to promise no tax increase– committee did not assume revenue from potential parking plan – went with money town had and what town can realistically expect – took major beating in investments column – have to try to predict court and parking revenues – fairly consistent most years, but were way off in court revenues last year – town relies heavily on parking revenue, but don't know how economy will affect number of people coming to the beach – Committee’s position was to be as conservative a possible when looking at revenues and to really examine where to cut spending – cuts will hurt – went from $1.5 million to $627,450 – looked at several departments and reduced committees’ budgets – have five spots on water tower for cell tower positions, with potential of $66,000 in revenue this year – will have personnel reductions this year, or reduction in force (RIF) – can take the form of layoffs – currently exploring furlough system – in process of coming up with a calculation – will have an impact upon services rendered – can't cut operating expenses any more.
Mayor Barrella: budget is at $620,000 instead of $1,180,000 because of a one-time savings through cancellation of bond surplus – that is for this year only – State-mandated and contractual expenses will continue to increase – if forced to furlough or layoff employees, Point Pleasant Beach will most-likely lose its position as a premiere NJ tourist destination – going to be a less safe, dirtier place – only place to achieve large enough cuts, to bring town within levy cap and to try to balance the budget, is through salaries – asked for concessions from unions, sought to renegotiate and need to sit down with all three to see if they will agree to salary freezes through 2009 and perhaps 2010 – even that may not be enough, due to unfunded mandates and the fact that town is only this close because of the one-time $560,000 – for those who mistake this sense of urgency for rudeness, I apologize – not my intent – no Parking Committee member intended to inconvenience any person in Point Pleasant Beach – am as concerned about my property tax values as anyone – as property taxes escalate, property values are destined to go down – do not want my guests to pay to park, but am more worried about employee who will lose a job, and has to worry about paying rent instead of parking for party guests – their kids may not have birthday parties – employees that may lose their jobs are your friends, your neighbors and, in some instances, your classmates – they’re not nameless, faceless people – their devotion to this community cannot be questioned – when these employees made a commitment to this Borough, the Borough made a commitment to them – if town is unable to honor that, so be it – but to not exhaust every possible alternative, is unforgivable – many people have suggested layoffs – there would be a reduction in garbage services, a reduction in services on the Boardwalk and along Ocean Avenue – it would impact the tourism industry in a negative way – since police salaries are approximately 1/3 of the budget, cuts in this area would produce greatest savings – in order to come up with that one-time $560,000, town would have to layoff six officers – Chief indicated that if town had that type of reduction, he would have serious concerns for the safety of residents and officers – might not be able to use special officers, at least in winter – share Chief’s concern – Chief recommended that, should there be a reduction in force, town should adjust closing hours of bars – would recommend Council consider cutting back operating time of bars from 2 AM to 11 PM – tough choices to make – Governor and Commissioner Doria have indicated that there will be no waivers from the levy cap – if town is going to raise revenue, decision needs to be made soon – if town is not going to try to raise additional revenue and going to make cuts to achieve financial stability, with the consequences that flow from those cuts, town needs to start talking about that now – going to proceed along the following line and suggest parallel courses – begin by marking up parking ordinance and getting thoughts of Council – will also move toward a reduction in force and, as a basis for that, to build a financially stable base in town.
Attorney Gertner: after presentation at last meeting, attempted to put Parking Committee recommendations into ordinance format, although actually a memo – went over document starting with definition section.
Councilman Dixon: did not have a chance to look at ordinance, due to presentation through e-mail last night; Councilman Mercun: asked why there was a difference between property owner and seasonal rental property owner; Councilwoman Tooker: suggested changing plan dates to Memorial Day through Labor Day or May 15th through September 15th – been trying to attract people in shoulder seasons; Councilman Dixon: no one has their mind set on whether this is going through – can't see it getting done in time and being done right – should have been discussed more among both Council and public, reviewed for several months and presented properly – not saying it’s a bad idea – does have merit – being rushed makes people uncomfortable – just found out that the nice part of the plan, calling you 15 minutes before time expires, is not even available; Councilman Mercun: currently, system does not call in to remind, but patron can call in at any time for amount of time left – was told Hoboken is using Verrus system – not true, a private lot in Hoboken is – have issue with proof system – suggested that Prosecutor review how it’s being done in other jurisdictions, and whether the heresay exception would apply – got inference from all the e-mails that people think this is a done deal – not so – do not infer because I'm asking questions how I'm going to vote – will do my job and participate in the process – trying to assimilate information from both sides – there are a lot of unknowns and a lot of issues flying around – looking at how ordinance is presented in legal format and reviewing it for that; Mayor Barrella: don’t think 24 hours/day, March 1st through October 31st makes sense – suggested May 15th through September 15th and, instead of 24 hours, 10AM-2PM – that would address concerns of those living outside the Beach, who walk on the Boardwalk in the mornings – like to hear from entire Council, so we can craft something that works well – need to try it or it won't get done – Council can decide not to try, but will have to deal with the consequences; Councilman Cervino: have a serious conundrum, very complicated and not going to be resolved easily – think eight months, for this plan, is out of line – worried about boat mates, who are paid $60/day, employees of various businesses in District 4, along Channel Drive and Broadway, non-resident Realtor showings, contractors, social services, religious situations – economic climate is a mess and going to get worse – worried about encryption and people tapping into the number that is called – haven’t straightened out railroad station signs - Maryland Avenue Beach sign still says “no dogs,” but talking about more signs – will they be in Spanish – concerned we’re rushing into this – need revenue, like the concept, but have reservations – no one wants to give up anything – to balance your household budget, you sacrifice – worried about the full picture – didn't care for the reportage or Channel 4 presentation – made us look bad – these are things Council must consider; Councilman Merrcun: time to lay cards on the table – going to make headway on transparency in government and talk about realities – Mayor Barrella was viewed as the driving force behind the last parking plan – whether anyone else on Council agreed, it became Barrella’s plan – this year, Mayor brought in citizens, not politically-affiliated, who did a yeoman's job on a plan – all thought it was Barrella's plan again – shame on us, remember this is a weak Mayor/ strong Council form of government – he took up the ball to see how this town could generate revenue, put this committee together and we on the Council kind of sat back – Council will ultimately decide whether this plan goes into existence, unless it's a tie – it is the six of us who will have to come up with a recommendation for the State Department of Personnel if there is going to be a RIF – Mayor is Chief Executive Officer and Council is akin to legislature – he make recommendations and Council listens – gotten a lot of e-mails raising legitimate concerns – there’s a legitimate sense of urgency about finances – have to recommend some personnel action – don’t want anyone to feel they are being rushed – if parking plan doesn’t go through this year, Council has benefit of $560,000 that it will not have next year – something’s going to have to be done next year – going to take my time to make sure I have all the facts before deciding – per Sir Edmund Burke, the success about anything in life worthwhile is about compromise and barter; Mayor Barrella: not sure about how to go forward with time constraints – if not introduced on the 17th and approved by the 31st will not be viable for this year – esoteric points can be fine-tuned later; Councilman Mercun: one of the most far-reaching acts of legislation Council is considering – will impact every resident, non-resident, taxpayer and employee – need to make an effort to decide one way or the other – 101.5 reported that the plan was passed and that the town owned the beaches – too much disinformation out there.
A workshop, for review of parking plan, was set for Tuesday, March 10th, 6:30 pm at the Antrim School, if possible. Attorney Gertner advised that Council needs to work on the RFP simultaneously with working on this memo.

Recess was called at 8PM and meeting reconvened at 8:12 PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo present.

Department Head memos were discussed with several items moved to agenda for action; Clerk Ellsworth explained that Ordinance 2009-04 was amended on introduction to delete second paragraph in Section 2 – was determined that removing second paragraph made the first paragraph obsolete, therefore Section 2 should be removed in its entirety with all subsequent sections renumbered accordingly – corrected Ordinance was disseminated at public hearing, but an announcement as to the change was never done publicly – change is ministerial, but needs to be made part of public record; some Special Event applications were put on hold, due to timing of events, and others were put on hold due to requests for parking fee waivers.

Motion by Councilwoman Tooker, to adjourn caucus session, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Mayor Barrella called the regular meeting to order at 8:20 P.M. 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.

Ordinance 2009-05 (Establish duties of Plumbing Sub-Code Official) 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, seconded by Councilman Cervino and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2009-05.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-06 (Amend Grease Trap Ordinance) 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, seconded by Councilman Henenssy and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2009-06.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Clerk Ellsworth added several items to consent resolutions; Vince Castin asked about Cooperative Pricing System; Councilman Cervino asked if town had considered another health care carrier to reduce expenses (broker could find no other major medical plan that matched – union contracts stipulate equal or better coverage – changed prescription carriers for a savings of 22%); Councilman Rizzo stated that payrolls and health benefits cost the town $4,133,990/year – asked about cost of pension benefits, vacation, sick leave, overtime, comp time and longevity – asked about employee job descriptions and if there is a redundancy of functions (vote is for payment approval of payroll and health benefits – other questions should be asked in executive session or during committee reports – not appropriate at this time); Carol Vaccaro, Chamber of Commerce, asked to add Boardwalk information table request to agenda – also asked for waiver or reduction in fees on Chamber events – if Jazz Festival may not happen, due to reduction in forces, need to know so will stop moving forward and outlaying monies; Stewart Fischer asked about emergency repairs to autocar truck.
Motion by Councilwoman Tooker, seconded by Councilman Hennessy, resolutions covering items listed below were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Payment to Pt Pleasant for T-Mobile direct deposit error ($2,670.84)
b) Payment of 1st Quarter allocation to Open Space Trust Fund ($63,888.30)
c) P O to Motorola for portable radio equipment ($6,242.50)
d) Approval of Payroll #5 ($241,829.97)
e) Payment to Horizon BCBS for employee health benefits ($102,669.22)
f) Payment to Brick Utilities for bulk water usage for January ($69,037.36)
g) Payment to International Salt for ice control salt ($3,247.69)
h) Refund to Novins, York & Pagano for Pine Beach taxes ($992.35)
i) Payment to Integra Realty Resources for appraisal services ($4,000)
j) Performance Bond release – Home Mark Homes
k) Amend 2/17/09 Agenda, Consent Resolution 1/Item ‘k’, to read ‘Progress Payments 1 & 2 to Roof Diagnostics for municipal and DPW buildings roof restoration ($74,751)’
l) Payment to Henry Mancini & Assoc for appraisal services ($5,000)
m) Amend 2/17/09 Agenda, Consent Resolution 1/Item ‘m’, to read ‘Salary Adjustment for K Mills for Planning/Zoning Board Secretary certification
n) Payment to Cambria Companies for emergency repairs to 2005 autocar ($2442.31)
o) Payment to Schulman, Wiegmann from Board of Adjustment escrow acct ($275)
p) Payments to Galvin Law Firm from Board of Adjustment escrow accts ($442.50)
q) Payments to CMX from escrow accts ($1826)
r) Payment to Motorola for fire department radios ($14,328)
s) Salary adjustment for Elaine Petrillo for certification
t) Banner permit applications for Chamber of Commerce
u) Authorization to submit recycling tonnage grant application to NJ DEP
v) Award of contract for sanitary sewer system evaluation to Allstate Power Vac ($114,040)
w) Payment to DEP for Lake of Lillies dredging & discharge permit fees ($3630)
x) Payment to Johnson Realty Services for appraisal services ($9520)
y) Approval of computer generated vouchers ($381,941.10)
z) Authorization for Mayor to execute agreement with Ocean County Cooperative Pricing System
aa) P O to OBS for wireless microphones for recording system ($3565)
CONSENT RESOLUTION 2:
a) P O to On Site Truck Repairs for emergency repair to sewer jet ($5057)
b) P O to Manasquan Mirror & Glass for security windows ($2153)
c) Adjustment to parking meter repairer salary
d) Payment to PBCC for postage ($3,000)
e) Payment to CDWG for Tripp Lite Smart Online UPS 8000VA ($3782.53)
f) Payment to Motorola for mobile radios and equipment ($35,077.60)
g) Approval of shared service agreement with County for PARIS grant application
h) Authorization for Board of Education to utilize well building located at the corner of Yale and Chicago Avenues
i) Approval of Chamber of Commerce special event application for 2009 “Classic Car Cruises”
j) Approval of Chamber of Commerce special event application for “Jazz & Blues Festival” on 6/20/09
k) Approval of St Peter PTA special event application for car raffle sales on Boardwalk
l) Approval of Chamber of Commerce special event application for annual “Sidewalk Sales”
m) Approval of Cystic Fibrosis Foundation special event application for Great Strides Walk on 5/17/09
n) Approval of Chamber of Commerce special event application for Boardwalk Information Table
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

COMMITTEE REPORTS:

Councilman Mercun: CFO Riehl advised that Seaside or Seaside Park is renting parking lot spots to store people’s boats – thinking about alternate sources of revenue.

Councilman Hennessey: Safety Council had productive meeting - thanked Administrator and DPW for addressing some items brought to their attention; thanked Dr. Ravally and Dr. Savage, Board of Education, for school budget presentation at Republican Club Meeting; “What’s the Buzz, Pride in our Schools Spring Showcase,” is March 26th at Antrim School; thanked Lt. Dikun and Chief DePolo for impressive and thorough report in correlation to parking plan.

Councilwoman Tooker: Fire Company entered into Shared Services agreement with Point Pleasant – on weekdays, Emergency calls will go to both towns – during snow storm, they were all out 9PM-9AM – plowed their own lots, First Aid lot and shoveled out all hydrants –commended their efforts; meeting tomorrow to discuss Storm Water Management Ordinance; next week, will meet to discuss land use – first step in process of changing Master Plan.

Councilman Cervino: Beautification Committee gearing up for spring planting - Scarecrow Contest set-up dates are October 16th and 17th – Parking Authority requested planting plan for Borden’s lot - bus trip canceled; Open Space Committee discussing a feature article on Trust Fund to address concerns/misconceptions - discussed constructing right-of-way along the jetty, down to the beach – Inlet project was discussed, with possibility of platform, gazebo, and/or memorial benches – discussing referendum to change language in respect to Open Space Tax – for example, “from ½ cent up to a cent”, but not giving an actual figure – in some communities, Open Space tax is 4 to 6 cents (Attorney Gertner: important to look at ordinance and referendum that enabled it – ordinance reflects powers the referendum gave - questioned if Open Space funds can be used for Lake of the Lillies dredging; Risden’s walk-through scheduled for spring; Congressman Smith’s Chief of Staff promised to help out with Sea Wall – Mr. Gagnon has been instrumental in reaching out to Army Corps of Engineers; Building Department received a Fire and Light Safety check for $9,000 - has garnered $134,000 in revenues to date – either Mr. Gardner or Administrator can provide citizens with copy of FEMA letter to send to insurance companies for flood insurance discount – security issue concerning door is being addressed; clocking in and logging issue is proceeding – Administrator Riehl made up a chart for all employees to abide by; asked Administrator if anything is being done about holiday trash pick-ups (Councilman Mercun: will have recommendation at next meeting) – Bay Head is looking for trash pick-up carrier (Mayor meeting Friday with Mayor Curtis); thanked all for continued efforts on part of professionals; Elaine Petrillo has been clocking in and out for more than 25 years – have received e-mails and letters complimenting the Building Department

Councilman Dixon: received complaints about County jobs on Baltimore and Chicago Avenues – asked if County had been notified (yes); asked if putting blinking lights in lakes will affect swans (just targets geese, not supposed to affect ducks or swans; swans feed principally on aquatic vegetation, geese feed on aquatic and land vegetation – lights disturb them from holding a spot on land) – notified by Police Chief that K9 dog will be exercising around the lake to chase geese away; spoke about $550,000-560,000 bond – if economy doesn’t improve, could get rid of two well properties that have been decommissioned.

Councilman Rizzo: met with Neighborhood Preservation Program Coordinator Cadalzo, who brought him up to date on signing, curbing and different program functions – commended her for dynamite job – met with Mr. Favato and Mr. Egeter – doing a terrific job; questioned salary adjustment for Code/Zoning Officer Petrillo, for Planning/Zoning Board Secretary certification – thought we had one, Karen Mills – asked if there’s a salary adjustment for that (yes, stipulated in Teamsters and TWU contracts; doesn’t make sense to send someone to training if they’re not going to have that position; Governing Body authorizes by signing the purchase orders for the class) employees should not put in a purchase order for training without authorization – wants to see department heads specifically authorize employees going out for certification and why it’s needed (authorization comes through Council as part of a consent resolution).

Mayor Barrella: thanked DPW for street clean-up due to storm – tremendous job – had problem with County roads; received call from Point Pleasant Councilman about meeting to discuss shared services of Police and DPW; met with County Engineer, along with Administrator, Councilman Mercun and Ray Savacool, regarding road program – discussed swapping of street for River Avenue, conditions at Lake of the Lillies and County responsibility – hopefully, County Road Department will assist with hauling and putting some dredge materials in County landfill - item 1/w is payment for Lake of Lillies dredging permits – process is moving along; directed comments about fear vs. transparency to those who claim he’s using scare tactics - his approach is to communicate facts and provide opinions accordingly – concerned that we will be engaging in layoffs that will affect the town – sorry if that offends anyone – referred to last campaign, when he suggested tax increase will be bigger than last year – was told “you don’t talk about tax increases during an election cycle” – asked what he is supposed to do – hide it or tell people what’s going on and give assessment – will not hide matters from the people of Point Pleasant Beach.

Administrator Riehl: no report.

PUBLIC PARTICIPATION PERIOD OPENED AT 9:05 P.M.

Max Gagnon, Point Pleasant Beach: was on Parking Committee five years ago; expressed grievances regarding Boardwalk.
Stewart Fischer, Point Pleasant Beach: spoke about name of Point Pleasant Beach being a hook for tourists, bringing in profits – cost of business is liability, due to ordinances not being enforced; advocated free public parking; volunteered to do any job to avoid paying someone; envisioned a Seafood Festival, in three years, in which town could feed everyone for free; asked about compensatory time, overtime and benefits.
Dave Cavagnaro, Point Pleasant Beach: thanked DPW for snow removal and, on behalf of Beautification Committee, for removal of evergreen branches; thanked Administrator and Governing Body for work on River Avenue; asked that changes to agendas and addendas be done in advance, so public benefits; inquired whether there has an offer for equipment to stream videos of Council Meetings; looking for answers at Parking Workshop regarding churches, schools and athletic functions – limiting number of passes for seasonal rental homes should be readdressed.
Joe Lemma, Point Pleasant Beach: usual suspects have left – third meeting about parking and they load up room, get what they want and leave; asked what happened to ATM machines; thanked Mayor for having ice taken care of on St. Louis Avenue between Niblick and Parkway.
John Szafranski, Point Pleasant Beach: thanked DPW for cleaning Vetrini Lane; talked about proposed parking plan and Point Pleasant Beach being on television – residents rights should not be given up for tourism; asked about number of full-time, Police Officers, year-round specials, their schedules and layoffs.
Marilyn Burke, Point Pleasant Beach: thanked DPW for responsive job on snow removal; commended Councilman Dixon for thoughts extended regarding Parking Plan; suggested looking more toward ways to make budget cuts – spoke about possibility of cutting work force – no one likes it, yet sometimes it has to be done to save the business; spoke about Councilman Rizzo’s comments on resolution items 1/d and 1/e – asked to receive cost, before next meeting, if employees are laid off.
Ron Politowski, Point Pleasant Beach: appreciated Council Members response to e-mail; thanked Mayor and Council for taking realistic approach to parking plan – if plan goes through, businesses will have to monitor their lots because day trippers will monopolize.
Craig Jones, Point Pleasant Beach: asked about Request for Proposals on lake plantings.
Elaine Hennessy, Point Pleasant Beach: Fire Company was thanked for being on-call during storm, First Aid Company was also on-call; spoke about trees County planted (6 years ago) on Bay Avenue – four large trees came down within last two weeks – suggested town contact County and request an analysis and tree planting; dangerous spot north of Good Year Tire, turn-around from 35N to 35S – Collision Experts have vehicles parked up to curb along cut-through – should be notified and corrected.
Vince Castin, Point Pleasant Beach: spoke about geese and proposed lights – was told lights do not bother swans; spoke about trash on Legion Drive – was reported and Pat Wilson took immediate action; encouraged all to call and get FEMA discount; suggested town re-visit idea of advertisements on water tower for additional revenue.
Ben Dispoto, Point Pleasant Beach: asked about Boardwalk being put on ROSI; suggested Council put best plan together from past and present parking plans, then put it out as referendum and let the people decide.
Bill Wood, American Heart Association: thanked Council for considering request for Heart Walk – asked what they could do to help expedite approval.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:50 PM

Motion by Councilman Mercun, to enter closed session to discuss one litigation, one potential litigation, one personnel and two 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 9:52 P.M. and ended at 10:28 P.M.

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

Motion by Councilman Mercun, to reopen the regular meeting, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo ….YEA
Present were Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo.

Clerk Ellsworth announced several items comprising Consent Resolution 3; Candace Donoghue asked which planting plan was listed and why Council would support a plan that does not address wildlife (Councilman Mercun: will devote remaining time on Council hunting down DOT and having them held responsible for what they did to this lake) asked if plan was not presented that was a compromise (only RFQ Council can put out is one that has some legitimacy; permits Council to have some baseline on qualifications and price – do not have to award) would not have to reapply but call DEP to make modifications (if DEP doesn’t approve your modified plan, this will move the process along) shouldn’t be voting on something that shouldn’t go in until after the lake is dredged; Craig Jones: current plan was compiled by a lake restoration expert and approved by the Fish and Wildlife Service and DEP – neither agency would approve a plan that is not friendly to wildlife; Kristin Hennessy: need to bring both parties together and come up with something acceptable to both – Animal Welfare Committee agrees with Save Lake of the Lillies group – plan could be amended to include water views for those on St. Louis Avenue and appropriate vegetation that supports wildlife habitat – should be pursuing what we can get for free instead of issuing an RFQ – understand U S Fish and Wildlife will offer free plants – logically, seems shoreline restoration should follow lake dredging (doesn’t make sense until you look at Lake Louise which took 13 years to get dredging approval - will have Borough Engineer submit alternate plan); Craig Jones: not rushing anything through – town signed agreement with Fish and Wildlife which included free plantings – then, Save Lake of the Lillies sued the town and agreement was terminated – now, they want to go around in circles again when it took 4 years to get this far; Ed Donoghue: lake was not destroyed by phragmites, but by DOT (authorized filing of lawsuit against DOT, County of Ocean and private owners – better to have a dollar amount when going into settlement negotiations, rather than relying on your adversary to provide cost).
Motion by Councilman Cervino, seconded by Councilman Mercun, resolutions covering items listed below were carried by the following roll call vote:
CONSENT RESOLUTION 3 – ALL CLOSED SESSION ITEMS:
a) Authorization to advertise RFP for concessions at the former Risden’s south property
b) Held for separate consideration
c) Authorize the owners of 705 Gowdy Avenue to negotiate with their neighbor about tying into the water lateral, subject to agreement and hold harmless to be approved by the Governing Body
d) Appoint Walter Rudnick to provide assessment services on a sub-contractor basis
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Riehl…..YEA

Motion by Councilman Mercun, seconded by Councilman Dixon and carried by the following roll call vote, to authorize advertisement of RFQ for planting/cutting at Lake of the Lillies, as per current plan approved by DEP – CLOSED SESSION ITEM.
VOTE: Council Members Mercun, Cervino, Dixon and Mayor Barrella….YEA
Council Members Hennessy, Tooker, Rizzo….NAY
The meeting was adjourned at 11:12 P.M.


Published April10, 2009 | Council Minutes | 770


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