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April 21, 2009

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Dixon and Rizzo present. Councilman Cervino was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department head memos and correspondence were discussed and some items were moved to the agenda for action; memo about canceling special events was held; curb cut request was held for Shade Tree Committee input.

Motion by Councilman Mercun, to enter Closed Session to discuss one potential litigation, two contractual, two litigation and two personnel matters, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Dixon, Rizzo….YEA

Closed Session started at 7:17 P.M. and ended at 7:57 P.M.

Mayor Barrella called the regular meeting to order at 8:07 P.M. Present were Council Members Mercun, Hennessy, Tooker, Dixon and Rizzo. Councilman Cervino was absent. The Assistant to the Clerk read the notice indicating compliance with the Open Public Meetings Act.

Councilwoman Tooker presented proclamation to the Animal Welfare Committee in recognition of their accomplishments.

Councilman Mercun: announced that the budget would be introduced on May 5th – located a source of $200,000 earmarked for special officers.

Ordinance 2009-08 (Establish Developers’ Agreements) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-08 was approved on first reading. The public hearing will be held on May 19, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Dixon, Rizzo….YEA

Clerk’s Assistant Farrell added several items to consent resolutions listed below; Joel Wolber: questioned increase in dog license fees; Dave Cavagnaro: questioned amount of license increase –should double cat licenses as well; Councilman Hennessy: dog licenses shouldn't be raised at all; Councilman Dixon: suggested raising dogs $2; will vote on 2/h separately; Kristen Hennessy: opposed to dog license increase; Anthony Lombardo: should be zero tolerance with regards to fines; Brian Kuhn, Parkway: asked about 4-way stop on Parkway – thinks stop signs would be nice; Ben Dispoto: commented on items added to agenda after caucus – asked to have information ahead of time (items are on agenda, listed as department head memos or correspondence, or from Closed Session); Tom Highton: asked if jazz festival has been approved – don't need a jazz festival – not a family program – also don't need fireworks; Vince Castin: asked about Developer's fee ordinance.
Motion by Councilman Hennessy, seconded by Councilman Mercun, resolutions covering items listed below were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Proclaim June as Myasthenia Gravis Month
b) Proclaim May 1st as Silver Star Banner Day, honoring wounded of the Armed
Forces
c) Authorization to void outstanding checks ($901.02)
d) Payment of 2nd Quarter Tax allocation to Ocean County ($1,803,165.84)
e) Payment to Maxor Plus for employee Rx benefits ($25,801.23)
f) Salary adjustment for Barbara McAteer for passage of certification course
g) Payment of yearly contribution, including deferrals, to PFRS ($273,031.50)
h) Payment of yearly contribution, including deferrals, to PERS ($119,838.00)
i) Approval of Payroll #6 ($238,043.20)
j) Payment to Ocean County Soil Conservation District for Lk of Lillies dredging
($7,100)
k) Change Order #1 to Roof Diagnostics for municipal bldg roof restoration
(-$1500)
l) Progress payment #2 to Roof Diagnostics for municipal bldg roof restoration
($11,017.80)
m) Change Order #1 to Roof Diagnostics for DPW building roof restoration
(-$3000)
n) Progress payment #3 to Roof Diagnostics for DPW building roof restoration
($1800)
o) Progress payment #2 to Wallace Cont. for basement shoring ($2500)
p) Payment to Schulman Wiegmann from Board of Adjustment escrow acct ($250)
q) Waive municipal portion of raffle license fee for First Aid Squad
r) Waive municipal portion of raffle license fee for Community Endowment Fund
s) Approval of computer generated vouchers ($1,924,093.34)
CONSENT RESOLUTION 2:
a) Approval of ABC Social Affairs Permit for Chamber of Commerce “Jazz Fest”
b) Award of contract to R. Kremer & Son for repair to inlet bulkhead ($9840)
c) P O to Motorola for fire department radios and accessories ($13,437.60)
d) Payment to On-Site Truck Repair for emergency repair of sanitation truck transmission ($8585.67)
e) Approval of DAV Chapter #20 special event application for “Forget Me Not” drive on Boardwalk with waiver of $25 special event fee
f) Approval of PPB Student Council special event application for Anti-Genocide benefit concert at Band Shell
g) Authorization to prepare ordinance to remove handicap parking space
h) Held for Separate Consideration
i) Deny request from Signature Information Solutions
j) Approval of Kidney & Urology Assoc request to prepay parking for May 3rd walk at the cost of $10 per space
k) Authorization for Mayor to execute lease for restroom operations
l) Authorization to prepare ordinance to extend seasonal one way on Niblick Street
m) Authorization to prepare ordinance for Bay Avenue parking spaces between Forman and Trenton Avenues
n) Establish hearing dates for Shrimp Box and Farrell’s Stout and Steak House ABC license person to person transfer applications for expansion purposes
o) Authorize retirement agreement with Ben DePhillips – CLOSED SESSION ITEM
p) Authorize CMX to proceed with CDBG/NPP curb improvements for Ocean Avenue – CLOSED SESSION ITEM
VOTE: Council Members Mercun, Hennessy, Tooker, Dixon, Rizzo….YEA

Motion by Councilman Mercun, to authorize increase of dog/cat license and late payment fees, was defeated by the following roll call vote.
VOTE: Council Members Mercun, Tooker….YEA
Council Members Hennessy, Dixon, Rizzo….NAY

COMMITTEE REPORTS

Councilman Mercun: No Report

Councilman Hennessy: had Ship of Light fundraiser at Martell’s, collected $8,200, which Dave Bassinder matched – totaled $16,400 for Library, First Aid, and Fire Companies – thanked Mr. Bassinder and all who helped; hoped all got out to vote in today’s school election; has enjoyed working with both Councilman Dixon and Mercun – their presence will be missed next year; would like to set first meeting of Borough Hall Advisory Committee; thanked Ms. Kelly for e-mail about current crime rate and developments in today’s society; disappointed the budget was held – when someone offers $200,000, you have to acknowledge it and listen to the lawyers and have them iron it out; commented on today’s Shared Services meeting – hopes Mayor will allow him to attend - wants to be involved (meeting was originally structured to be between Mayor, Finance Chair and Administrators – request isn’t unreasonable).

Councilwoman Tooker: acknowledged Brynn Rickman for bird counts at Lake of the Lillies – impressed and appreciated her work; reported decrease of geese on the lakes since installation of lights –Muskrat Jack has addled 9 eggs for reduction in baby geese; Trap, Neuter and Release program is exploding all over New Jersey – Animal Welfare Committee is looking for volunteers; questioned Administrator Riehl about change in DPW schedule – Recycling Task Force concerned – asked if Recycling Center can be kept open on Wednesdays; for Earth Day, tomorrow, Bill Young, President of NJ Native Plant Society, will present to Environmental Commission and Beautification Committee – will also have a speaker from Earth Rumors, an organic landscaping company, and other interesting people.

Councilman Dixon: hopes the $200,000 that Councilman Mercun spoke about will come through – will put a dent in Police protection problem; connection was ripped out of main by paving company – water company was there in 15 minutes, worked all day, took care of it and did a great job – asked Administrator Riehl to thank them.

Councilman Rizzo: truck recently removed from Marcia Avenue had been there 4-6 months; have unlicensed electricians doing work in town; numerous things have been put out on Ocean Avenue for bulk pick up without permits – a lot of recycling has been put out since Sunday and we don’t pick up till Friday – it’s all over the street – asking community to either call it in, call him, or send a notice to Mayor and Council – can do so anonymously – will help to keep the town clean.

Mayor Barrella: added Mr. Gagnon to Citizens Financial Review Committee; Lake of Lillies dredging is moving along – permit application filed; Lake Louise is also moving forward – waiting for sub-aquatic vegetation survey, which can’t be done before June 1st; productive Shared Services meeting this morning included Administrators from Point Pleasant Beach and Point Pleasant, Mayors and some council people – back in May, passed a resolution authorizing a feasibility study to combine certain areas of government – Councilman Hennessy appeared at Borough Hall to meet with Administrator Riehl on the budget – asked to sit in and no one objected – in scheduling another meeting, needs to clear that with Point Pleasant; at March 24th budget meeting, former Mayor Hennessy commented that prior administration had researched special assessments – was close to getting things done, and it would have happened if things had turned out differently in 2007 – contacted former Borough Attorney Starkey and asked Attorney Gertner to touch base with him – Attorney Starkey stated his research was for a special assessment for Boardwalk repairs, as opposed to a special assessment for things like police services – it was his opinion, should Council attempt a special assessment on services, it would probably be the subject of litigation and the likelihood of us prevailing would not be great – if the Borough paid for research, and if anyone knows where it is, it needs to go to Attorney Gertner; commented on the budget process.

Administrator Riehl: deadline for RFP for concessions stand /bathhouse is April 23rd – road improvements to Parkway and Central Avenue scheduled to begin next week – notification will be going out to homeowners; has been made aware of resident concerns regarding sanitary sewer cleaning notification process – schedule will be posted on town web-site and in newspaper.

PUBLIC PARTICIPATION PERIOD OPENED AT 9:06 P.M.

John Hurler, Point Pleasant Beach: spoke on behalf of motel owners – experienced significant sewer blockages – notification would have helped – spent $1,300 to remedy – lot of people inconvenienced – pay hotel tax to municipality –disappointed in handling – whatever can be done as soon as possible would be appreciated; spoke about hotel registration law – present ordinance is unclear as to whether summons can be issued if misinformation is given.
Tom Highton, Point Pleasant Beach: would rather put $200,000 towards tax relief, support Chief and reduce number of events – Boardwalk should pay permit equal to hiring of 10 specials.
Carol Vacarro, Point Pleasant Beach: spoke about geese and consideration of lights for Lake Louise; stressed importance of tourism for businesses in town.
Dave Cavagnaro, Point Pleasant Beach: thanked Councilmen Mercun and Hennessy for work on budget; thanked Administrator Riehl for notification about work to be done on Parkway and Central Avenue; asked town to advise residents in advance of Baltimore Avenue re-paving; spoke about water/sewer rate; spoke about geese lights not working throughout town, but only on a particular lake.
Joe Lemma, Point Pleasant Beach: asked about ATM machines; complained that "The Ocean Star" never prints citizens’ complaints.
Marilyn Burke, Point Pleasant Beach: attended police meeting last night – only two Council members were there – missed unique opportunity to hear Chief's problems – shared some information from the meeting regarding police officer in school and shared services – urged Mayor to select Councilman Hennessy to attend those meetings.
Marilyn Madden, Point Pleasant Beach: asked about the unplugged metal detector downstairs and overtime expenditures of $10,000 for specials.
Max Gagnon, Point Pleasant Beach: glad Lake Louise is going to be dredged – asked about the clams.
Bill Knapp, Point Pleasant Beach: asked about Mayor's comments on special assessments and about capital surplus.
John Szafranski, Point Pleasant Beach: spoke about cost of police, possibility of putting uniformed officers inside Boardwalk bars with bars reimbursing town’s costs, and closing the bars; doesn't want to support tourism – wants lower taxes.
Mayor Barrella: announced school election results – budget passed.
Ben Dispoto, Point Pleasant Beach: asked about available seat on Parking Authority and how Parking Authority works.
John Jackson, Point Pleasant Beach: commented on passing of school budget – people are willing to pay for a good thing; complemented Chief and police presence.
Anthony Lombardo, Point Pleasant Beach: commented on remarks made by Councilman Mercun; believes school budget passed because residents understood there would be no tax raise this year.
Cathy Kelly: spoke about Neighborhood Watch and suggested people come to meetings to get educated before making statements – only same three or four attend each month – next meeting in May.
Stewart Fischer, Point Pleasant Beach: taxpayers have been cheated by town newsletter – political publicity – wrong to do a week before election – wrongful expenditure of taxpayer money.
Kristen Hennessy, Point Pleasant Beach: would like to get a welcome mat that says "The No Spin Zone" for Council Chambers; disagreed with Mr. Jackson on school budget; asked when it became taxpayer responsibility to provide police presence on Boardwalk to address problems caused by Boardwalk activities.
Vince Castin, Point Pleasant Beach: commented on geese – lights were done as a test – thinks school should do something about its fields.

PUBLIC PARTICIPATION PERIOD ENDED AT 10:23 P.M.
The meeting was adjourned at 10:24 P.M.

Transcribed By: Scarlett Johnson

Attest: Maryann Ellsworth, Municipal Clerk


Published May22, 2009 | Council Minutes | 807


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