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May 5, 2009

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:05 PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino and Dixon present. Councilman Rizzo arrived at 6:07 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Clerk Ellsworth: Nigeo Corporation, trading as the Shrimp Box, has made application to expand ABC license to include a bar on the outside patio deck.
Attorney Gertner: applicants recently appeared before the Planning Board and received approval, from planning perspective, and are here before Council to expand the actual licensed premises – can place conditions as appropriate.
Peter Kearns, Attorney for applicant: license was approved, in December 2006, for patio expansion with three conditions, including Planning Board approval, no outside seating at service bar, host and hostess would be there at all times to control ingress and egress – Planning Board approved patio and service bar, with seating for 14 people at the service bar – Planning Board testimony was given long after Council approval to expand the liquor license and everyone forgot, due to the time lapse, about condition of no seating at the bar – that condition was brought to applicant’s attention by Clerk Ellsworth three or four months ago – at that time, Attorney Gertner suggested we go back to the Planning Board and disclose that inadvertent slip to them, which we did - they reaffirmed their approval, contingent upon approval by Council – gave Council copies of December 2006 Council Meeting transcripts - none of the testimony has changed – nature and hours of operation would be the same – patio bar would be open, roughly from mid-May to maybe Columbus Day - patio bar would not operate independently of restaurant, which is open 7 days/week from March through mid December - in order to staff, equip and stock bar, it became a little bigger than originally specified – showed pictures marked A1 (6 pictures) - bar is constructed closer to the main restaurant facility – no bar seating along fence that divides the dock from the patio area – bar seating is limited to 14 of 84 total seats in entire patio area – concern of Chief and Council from 2006 is that that primary use of patio would be a real bar with patrons coming just to drink - table seating ratio to bar seating would minimize that possibility, along with the fact that it is a family-owned and operated restaurant - patio hours are the same as the restaurant hours - really more of a family place with a mature clientele - one of Planning Board provisions was no live music – if there is music at all, it would be low background music while the patio was open – the world has changed a lot in the last 2.5 yrs, certainly negatively in an economic way - removing that one prohibition would help make this more successful – would be a nice addition to a real nice place - asked that Council change the original resolution to allow the seating of patrons at the patio bar in accordance with Planning Board approval.
Councilman Cervino: asked Mr. Kearns to address concerns of Chief regarding additional police calls, patron safety and Coast Guard concerns.
Discussion between Attorney Kearns, Council and Chief DePolo ensued with testimony that: at prior hearing, Chief did not recall any calls there; engineer who testified last time tempered patron safety concerns; Coast Guard Commander was concerned about public having birds eye view of their property - they had boats with guns there then, which were camouflaged, but they are no longer there. Concerns were raised about boat traffic and impact on quality of life, with testimony that there would be no bar service over rail to boats, no plans to increase boating access and no anticipation that function would be more active as a bar than a service bar. Discussion also ensued regarding different hours of operation for the bar.
Attorney Kearns: asked if Council was willing to set an 11PM limit and after reviewing how summer went, modify from there.
Dave Cavagnaro, Point Pleasant Beach: it’s a wonderfully-run establishment - however, at Wharfside hearing, heard testimony given that they never envisioned the Patio’s popularity – concerned that Point Pleasant Beach has become not only a tourist destination, but a drinking destination.
Ben Dispoto: agree it's a very good restaurant - the concept of the service bar is fine – however with seating for 84 and another 14 at bar, was concerned about how many more can be standing and/or serviced in that area.
Attorney Kearns: while unsure as to occupancy limitation, total seating is 84 including 14 at the bar - would be tight squeeze to fit 84 at tables, seating at bar would alleviate that squeeze - would be food service at the bar - menu that is available outside would not be as extensive as that provided inside.
Kristin Hennessy, Point Pleasant Beach: agreed that Shrimp Box has always been a respectable establishment, but had apprehensions - talked about what happened at Clark's Landing, where patio seating became a bar crowd – sounds like this is going to be a big extension of a bar – seems reasonable to allow a waiting area for people to have drinks on the veranda and watch the boats while waiting to be seated for dinner, but as a volunteer First Aider was aware of other establishments that are hopping during the day, with rowdy crowds - do get First Aid calls for excessive alcohol consumption during the day as well as into the evening - would like conservative approach with closing at 9 or 10 pm this year, then revisit, if things go smoothly, with no problems, to allow to operation until 11 pm.
Kenneth Miscia, 318 Washington Avenue: asked about additional parking (Planning Board has already addressed).
Attorney Kearns: Wharfside has large parking lot with street parking all around - Shrimp Box has its own parking lots, but there is no parking on the street there or in close proximity, which precludes large crowds.
Councilman Mercun: would vote for it if there is a 10PM closing, no more than 14 seats around the bar, and no service over the rail.
Councilman Cervino: asked who would monitor that (Police and ABC, who have a way of showing up at locations, especially when there are newly licensed premises).
Councilwoman Tooker: this has been a couple of years in the making - they’ve gone through DEP, CAFRA and Planning Board and it’s been looked at up, down and all around - Mr. Gyftakis has run a wonderful establishment - the Shrimp Box is very well done and I don’t see how he’s going to, all of a sudden, turn into a honky-tonk bar, especially with only fourteen seats – you have to look at the intention here, which is just to provide a place to sit and wait for dinner - there’s no entertainment - you can’t put it into the same category as the Patio Bar with hundreds of people – it’s completely different - wouldn’t have a problem with 11PM closing, even if it was a trial period - the point about the parking is well taken - there really isn’t anywhere to park, other than the Shrimp Box parking lot – so, it’s not like people are just going to be flocking there.
Attorney Gertner: the Chief reminded me that, as per the 2006 resolution, what’s not going to change is that the applicant must still station a host or hostess at the ingress/egress location at the outside patio - they have an obligation to control direct access to the patio, which helps monitor the crowd size as well.
Councilman Dixon: 10PM close is necessary -11 is a little too late, especially with the police department - that’s when problems start to begin at some of the other, more active bars - don’t need another place open to 11
Councilman Rizzo: agree with Councilman Mercun - establishment has been above reproach all the years that we’ve been here – it’s first rate as far as I’m concerned.
Mayor Barrella: would be supportive if the hours were from 5-10PM – main reason for bar is for people who are waiting for a table to have dinner - remainder of time, if somebody wants to come and sit at 3PM and have a beer, will have to sit at a table, which will eliminate people standing around earlier in the afternoon and give it less of a lure as any kind of honky-tonk.
Councilman Hennessy: have a problem with rail at bar, already built – worked at Martell’s for 7years, where there’s a service bar in the middle of the outside patio – it’s a service bar with no rail or seating around it – as per 2006 meeting testimony, that’s what’s supposed to be intended for this outside deck - for waitresses or waiters to come for alcohol service – under questioning at last ABC hearing, Mayor Vogel is answered that alcohol service is only to be at the tables…..there won’t be a bar where the patrons will come to sit down - had concerns about noise with the houses across the street – asked if tables were going to remain in place at all times and not removed to allow more standing room.
Attorney Kearns: in summation, could we request perhaps 10 pm, except on Fridays and Saturdays maybe 11 pm, especially in the summer, due to the fact that it’s a resort town.
Mayor Barrella and Councilman Mercun: expressed concern with weekends in the summer.
Councilman Mercun: clarified at 10PM bar will close - sorry folks you’ve got to move to a table, the bar is closed – no waitress service either – the bar is closed.
Motion by Councilman Mercun to approve the expansion application of Nigeo Corporation, trading as the Shrimp Box, with the following conditions, was seconded by Councilman Dixon and carried by the following roll call vote:
a) Patio bar will have no more than fourteen seats and will be open for service from noon until 10PM
b) There will be no service along the rail or over the side to boats
c) All previous stipulations remain in effect
d) There will be no live entertainment
VOTE: Council Members Mercun, Tooker, Dixon, Rizzo….YEA
Council Members Hennessey, Cervino….NAY

Department head memos and correspondence were discussed and items were moved to the agenda for action; Councilman Mercun sent a letter to town’s state legislators regarding Governor’s cut of EMT training fund; CMX correspondence on NJ DOT funding was held for additional information from Borough Engineer.

Kitty Phillip and Clem Bremmer, Shade Tree Committee, addressed Council on viability of creating a Shade Tree Commission.
Councilman Mercun: asked that several questions he posed be answered before second reading of the ordinance.
Councilman Dixon: asked if Commission would be monitoring trees on private property (no, just public).
Councilman Cervino: asked that item ‘u’ on consent resolution 1 be pulled and voted as a separate matter – Council needs to know a little more about the candidate who wasn’t recommended.
Mayor Barrella: Mr. Bonsper and Ms. Riehl, who participated in those interviews, will be more than willing to answer any questions
Councilman Mercun: I happened to look at the Statue regarding appointments to the Parking Authority and it’s not your responsibility, it’s ours – I have the Statute.
Mayor Barrella: what I was told by the Clerk and Counsel is that it’s a Mayoral appointment, with the advice and consent of Council – it’s the way it’s been done for decades – if Council wants to change it now, I have no problem with that.
Councilman Mercun: the Parking Authority Statute says “thereupon the Governing Body shall, by resolution or ordinance, as appropriate, appoint 5 persons as commissioners to the Authority. The Commissioners, who are first appointed, shall be designated to serve for terms of 1, 2, 3, 4 and 5 years, respectively, from the day they are appointed. Thereafter, commissioners shall be appointed, as aforesaid by the Governing Body, for terms of 5 years, excepting all vacancies that shall be filled for the un-expired term.” – the Governing Body is defined by the Statute in 40A: 11(e)-3, sub-paragraph c, “shall be, in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality” – that is the Council not the Mayor.
Attorney Gertner: suggested that he look at the Code Book after executive session.

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

Closed session started at 7:36 P.M. and ended at 8:02 P.M.

Mayor Barrella called the regular meeting to order at 8:17 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.

Motion by Councilwoman Tooker to approve the minutes of the April 7, 2009 Council Meeting, was seconded by Councilman Cervino carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Councilman Mercun, Finance Committee Chairman: new budget copies are available this evening, which will be considered at public hearing – after meeting with the members of the Parking Authority and respective Counsels, it was decided that the Borough will not be giving them their $110,000 allocation and they are also going to give us 5%, from their budget, which is what is allowed, for a total of $115,000 - going to increase taxes by 5/10 of a penny, which will generate an additional $70,000 – both the $70,000 and $115,000 will be put into the Police budget - another change is that the Open Space Advisory Committee was given a budget of $1,000 – introduced budget must be in Trenton by tomorrow in order to qualify to apply for pension deferral - have actively started Shared Services conversations with Point Pleasant – will be meeting, along with Borough Councilwoman Rogers, with Susan Jacobucci of the DCA about a Shared Service Feasibility Grant regarding consolidations in Code Enforcement, Municipal Court and Police operations – the Chief is interested in the prospect of a feasibility study and has started communications with one Police Department that was given a Share Grant – would be eligible for a $20,000 feasibility study grant – if we come up with a program, the Borough and the Beach can be awarded up to $200,000 for shared services.

Motion by Councilman Mercun, to defer school taxes and authorize self exam of budget, 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: explained that Ordinance 2009-15 (Amend Water/Sewer Rates) reduces stand-by fee from $90 to $75/quarter, which would be an annual return of $60 to each taxpayer - been vociferous against moving money from water/sewer to municipal budget – McDonald’s, in Point Pleasant Beach, does not pay Point Pleasant Beach for its water, it gets its water from Point Pleasant – so by moving the money, McDonald’s will get a tax break paid for by the other residents and taxpayers of Point Pleasant Beach – there is approximately $100 million in vacant land and beaches and alike that pay no water/sewer – so effectively moving money from households that pay water/sewer to lower the taxes on these properties – there’s about $500 million worth of business properties that are going to get a reduced property tax burden – these businesses can deduct both their water/sewer and property tax bills – individuals are not able to do so – it would be more appropriate to make the reduction, giving money back to the water/sewer users by reducing the hook-up fee, and going to Trenton for a cap waiver – the net effect would be zero on taxpayers as a whole – for individual taxpayers, there’s an unfairness here - the top 115 taxpayers will get twice the savings through property tax then through a reduction in the water/sewer hook-up fee; thanked Parking Authority for coming forward, because there were real issues as to whether budget revenue projections were attainable – sat with Councilman Mercun, last year to come up with a three-year plan to try and restore some financial stability – looking for money from the Parking Authority and Water/Sewer Authority and deferring the pension, although there is no choice on that, is not the stuff that financial stability is made of – this is the stuff of risk and danger and does not resolve the issue – not appropriating anything for property tax appeals – basically, just kicked the can down the road for another year – that’s how we got into a problem in this State – there’s no need to vote on 2009-15, if the Council wants to move the money out of Water/Sewer to the Municipal Budget as there is no money to do both – it is one or the other, it’s essentially a zero-sum game for taxpayers as a whole.
Councilwoman Tooker rescinded her motion to introduce Ordinance 2009-15.

Motion by Councilman Mercun, to introduce the 2009 Municipal Budget on first reading, was seconded by Councilman Hennessy and approved by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-07 (Amend Water/Sewer Stand-By Fees) was considered on second reading.
Councilman Cervino: would like to amend the proposal from a $115 stand-by charge to a $99 stand-by charge – would equate to $90,000 for 2009 – making this move makes all the sense in the world – it should contain a sunset clause (with a termination date written into the ordinance) – the 15% discount for seniors would remain in place.
Councilwoman Tooker: remain opposed to increase in stand-by charge – if tax increase is going to be about $40/year, we’re doubling that – at least with taxes it’s based on what you have (your assessment), but this is the same for everybody – it’s not acceptable for those who are struggling, especially since we’ve had a surplus for a long time.
Councilman Hennessy: (the amended rate) would be roughly 10 cents per day.
Mayor Barrella: increase would be 9–10% for low-end users and 1/1000 of 1% for those at the high end - incredibly regressive tax – the Mayor can veto an ordinance but the veto can be overridden by a 4-vote margin – that $100 million in assessed vacant land and beaches will not be subjected to this.
Attorney Gertner: Council would be voting on this amendment tonight – the senior citizen ready-to-use charge would be $84.15.
Motion by Councilman Cervino, to amend the ready-to-use charges proposed in Ordinance 2009-07 to $99.00 and $84.15, respectively, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Cervino, Dixon, Rizzo….YEA
Councilwoman Tooker…NAY

Ordinance 2009-09 (Extend Seasonal One-Way on Niblick St) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-09 was approved on first reading. The public hearing will be held on May 19, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-10 (Establish Shade Tree Commission) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-10 was approved on first reading. The public hearing will be held on May 19, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Dixon, Rizzo….YEA
Councilman Cervino….NAY

Ordinance 2009-11 (Bay Avenue Parking, Trenton to Forman, West-Side) was introduced on first reading.
Motion by Councilwoman Tooker, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2009-11 was approved on first reading. The public hearing will be held on May 19, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-13 (Amend Licensing – Massage and Bodywork Therapy) was held for revisions.

Ordinance 2009-12 (Establish Cap Bank) was introduced on first reading.
Motion by Councilman Cervino, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-12 was approved on first reading. The public hearing will be held on May 19, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-14 (Amend ABC License Location Restrictions) was introduced on first reading.
Attorney Gertner: the 500-foot prohibition was to prevent a cluster of liquor licenses – the reasoning for this ordinance was to codify a process whereby an individual Council could look at an individual licensee.
Councilman Mercun: have some reservations after looking at the report from Lt. Dikun and looking at the make-up of Point Pleasant Beach – ABC felt 500' was a legitimate use of Police power based upon public health, safety and welfare – going to be dealing with why it was approved in one case and not in another.
Councilwoman Tooker: began to rethink – can get into trouble with a case-by-case on anything - appreciate Chief’s comments, as well as Lt. Dikun’s research - 500-feet prohibition not viable between different types of licenses, such as between consumption and package licenses.
Motion by Councilman Mercun, to approve Ordinance 2009-14 on first reading, was seconded by Councilman Hennessy and defeated by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….NAY

Clerk Ellsworth added several items to consent resolutions listed below; Consent resolution 1/u was held; Vince Castin, Point Pleasant Beach: asked about total number of parking enforcement officers and public defender contract; Dave Cavagnaro, Point Pleasant Beach: asked about rejection of Risden’s RFPs.
Motion by Councilman Mercun, seconded by Councilman Cervino, resolutions covering items listed below were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Approval of Payroll #9 ($223,137.56)
b) Appointment of parking enforcement officers (11)
c) Salary adjustment for Eileen Farrell for passage of certification course
d) Salary adjustment for Kathryn Beno for passage of certification course
e) Payment to Horizon BCBS for employee health benefits ($109,957.83)
f) Payment to The Ronan Agency for Recreation accident insurance ($2920.50)
g) Payment to Brick Utilities for March bulk water usage ($58,242.40)
h) Payment to CMX from Planning Board escrow ($1564.50)
i) Payments to Galvin Law Firm from Board of Adjustment accounts ($1,852.50)
j) Release of Dumpster Bonds (2)
k) Approval of Public Defender contract
l) Authorize CMX to apply to Sustainable Jersey Small Grants Program
m) Authorize CMX to apply for 2009 FEMA Assistance to Firefighters Grant Program
n) Authorize CMX to apply for grant through DOT Transportation Enhancement Program
o) Authorize CMX to apply for grant through DOT Safe Streets to Transit
p) Authorize John Chussler to cover duties during absence of Construction Official
q) Permission to prepare and submit RFP for Energy Audit
r) P O and payment to Lowes Home Center for shelving and deadbolt for water plant storage rooms ($1,379.76)
s) Approval of computer generated vouchers ($1,263,411.02)
t) Permission to apply for Ocean County Shade Tree Commission grant for trees on Arnold Avenue
u) HELD
v) Payment to OC JIF for second installment 2009 ($220,957.80)
w) P O to Bio-Key for police computer software maintenance ($5713.20)
x) P O and payment to Quality Communications for repairs to police car mobile communications systems ($2285)
CONSENT RESOLUTION 2:
a) Authorization to pursue shared services of Code Enforcement, Municipal Court and Police Department operations with the Borough of Point Pleasant
b) Authorization for the Borough Administrator to pursue possibility of shared services with the PPB Board of Education
c) Payment to Pedroni Fuel for gasoline and diesel fuel ($12,461.76)
d) Scheduled payment to PPB Board of Education ($774,463)
e) 2nd quarter payment to OCUA ($298,560)
f) P O to Surfside Electric for electric service change ($1975)
CONSENT RESOLUTION 3:
a) Opposition to re-appropriation of monies for Dedicated EMT Training Fund
b) Support Participation in the Sustainable Jersey Municipal Certification Program
c) Authorize submission of Sustainable Jersey grant application
d) Proclaim May 10th through May 16th as Police Week
e) Proclaim May 4 through May 10 as Municipal Clerks’ Week
f) Proclaim September 2009 as Ovarian Cancer Awareness month
g) Authorize Kaleidoscope of Hope Fdn to place teal ribbons around town
h) Approval of Payroll #10 ($231,287.91)
i) Payment to All Hands Fire Equipment for firefighter boots ($539.25)
j) P O to Motorola for radio battery chargers ($4025)
k) P O to Motorola for Mobile dash mount ($3027.60)
l) Authorization to advertise vacancy in taxi-cab company licenses
m) Approval of curb cut at 318 Niblick Street subject to removal of existing curb cut
n) Allow free bulk pick-up for participants in town-wide garage sale with a limit of 10 items to be picked up, no appliances
o) Approval of request from Mr. Keefe to hold Mother’s Day flower sale fundraiser subject to any conditions enacted by the Police Department
p) Reject all RFPs that were received for operation of property formerly know as Risden’s South – CLOSED SESSION ITEM
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

COMMITTEE REPORTS

Councilman Mercun: announced Chamber of Commerce fundraiser for first Point Pleasant Beach Jazz Fest at Europa South on May 7th; Tourism Advisory Committee shared recommendation for centralized calendar on website - will reach out to other groups in town - Administrator Riehl pursuing with our IT consultant - suggested hyperlink to authorized walk routes.

Councilman Hennessy: Recreation Committee will donate $2,500 to Project Graduation - running adult senior golf outing this fall; downed tree on other side of Pleasure Park is a safety concern - asked if this is NJ Transit - Administrator Riehl will look into; thanked DPW and Police for efforts on weekend of April 24-26 - unseasonable weather, was like 4th of July - did great job with small staff; on Monday mornings, he and Councilman Mercun will be donating time to help pick up trash; announced new Recreation Director, Ruth Cestaro, and Assistant Directors, Bill Fall and Maryann Costa; proceeds from Entertainment Live event with Joe Leone, June 26th at Antrim auditorium, will benefit the Point Pleasant Beach Public Education Foundation.

Councilwoman Tooker: thanked Police, Fire and First Aid (unsure if First Aid was called) for response to 18-wheeler truck that knocked down wires in Borden’s lot; toured the new tower cottage on Forman Avenue, during recent Historic Preservation meeting - amazing restoration project - a great addition to our town and businesses; Environmental Commission hosted Bill Young from Native Plant Society - spoke about gardening with native plants - saves on watering, don’t need fertilizers and pesticides - hopes this information can be posted on our web-site - Commission has been going door-to-door with Bay Buddy Brochures about reducing non-point source pollution; Animal Welfare Committee is collecting electronics for recycling - volunteers are always needed - always cats and kittens for adoption; doesn’t know if there will be a Farmers Market in the summer – invited anyone who knows someone interested in taking it over to let them know.

Councilman Cervino: complimented Elaine Hennessy for her letter in paper applauding Public Works Department, and Mr. O’Rourke for letter regarding the efforts and actions of Boardwalk entrepreneurs, Dave Bassinder and the Storinos; wasn’t here the weekend of April 24th when town was “mobbed”- this is a good thing - believes we will have a rocking summer; announced an affair honoring Michael Loughran at Martell’s on May 26th; announced an open house at former Risden’s property, May 17th, 1PM-3PM - will be renamed; Engineer Savacool has recommended someone to repair sea wall damage - must be completed by May 15th; hopes residents appreciate the jobs done by Municipal Clerk Ellsworth and Administrator Riehl - both under enormous pressure - they are worth every penny they are paid; Building Code Department collected $47,680.50 during April; FEMA letter on flood rating reclassification can be obtained online or at Clerk’s office – entitles residents to 5% reduction on flood insurance; Beautification Committee garden tour luncheon has been canceled - not enough gardens offered for event; town planting will be completed by Memorial Day; (Councilman Hennessy: trying to get Gubernatorial candidate Chris Christie to attend Loughran affair); thanked Mr. Bonsper and Parking Authority for their work and willingness to help town in time of need.

Councilman Dixon: glad Police Department will receive additional monies - thanked everyone involved, including Parking Authority; read Proclamation establishing Police Week, May 10th-16th; Chief DePolo and two of his officers will ride 220 miles from Philadelphia to Washington, DC.

Councilman Rizzo: Ken Murphy gave him information on ultrasonic bird repelling system for use on school field; thanked all for help on getting violation reports - got several vehicles off the road that were parked illegally – have Code Enforcement looking into the large items and recycling on Ocean Avenue – asked, if anyone had information on who is putting it out, to let him know - can do so anonymously – it’s putting a large drain on Public Works.

Mayor Barrella: Councilman Hennessy informed him of a rumor that the town has not filed lawsuit against State and County (regarding Lake of Lillies) because we did not want to ruffle feathers, in hopes of getting local option taxes - reason it has not been filed is because litigant refused to take a simple step and would not give consent - had to be done by motion, instead; on Friday, at the NJ Conference of Mayors, once again trumpeted the need for Point Pleasant Beach to get additional revenue from tourism, pointing out that we send tens of millions of dollars to the State and aren’t getting anything back; Assemblyman Wolfe and former Governor DeFrancesco were on panel – Governor DeFrancesco informed him that, unless local legislators get on board, local option tax legislation is not going anywhere; invited our Legislators to attend May 19th Council Meeting to discuss issues affecting Point Pleasant Beach and their objections - asked Administrator Riehl to coordinate; on recent “Ocean Star” article, Mr. Bassinder stated that properties in Resort Commercial district pay 40% of municipal budget – in reality, roughly 10% is closer to the number - Mr. Bassinder talked about himself and the hotels & motels - research found that 2008 property taxes paid by Martell’s was $21,162 out of $5,396,000 - that's 4/10 of 1% - a far cry from 40% - Jenkinsons main pavilion pays $41,000 - a total of $62,000 with 1.1% of our municipal budget coming from two properties that call for many services – Mr. Bassinder alluded to our hotel/motel tax as contributing to that 40% - last year, we received $230,000 in hotel/motel taxes, which is a local option tax - if we could (get the legislators in Trenton to allow us to) implement something like Cape May County tourism sales tax, could get $2M - that’s a 40% municipal tax reduction - not looking to spend additional money but to earmark it for tax relief - Mr. Bassinder expressed disappointment with what he pays for water and sewer, however, he pays for what he uses; people claim he’s anti-tourist – that’s not true - tourism is important to Point Pleasant Beach, but Point Pleasant Beach is also important to the tourism industry - the clean, safe environment the town provides allows the tourism industry to thrive - major concern with budget process this past year was that if we don’t have funds for DPW & Police, we will be less clean and less safe - to stand in the way of trying to get this done is short-sighted - other comments in the letter were made about 20 officers – those officers are private security guards; hear a lot about school taxes - asked for show of hands of people who have children in Point Beach schools - all pay school tax - that’s why it’s called a public school - last year, we closed District 2 bathroom/substation – greatly appreciate the fact that Jenkinsons took over - this year, when Inlet bathroom was closed, they were asked if they wanted to take over, but they weren’t interested - wondered if that’s because their customers utilize District 2, but not the Inlet - doesn’t have a problem with good business sense - does have a problem when it’s portrayed as altruism; e-mail was sent from one Councilman to three others which troubles him – doesn’t think business should be discussed that way as he doesn’t feel it strictly adheres to precepts of the Open Public Meetings Act.

Administrator Riehl: County is scheduled to begin paving Baltimore Avenue this Thursday - will stop at Chicago; I&I completed 40,000 of 60,000 linear feet - running into substantial grease problems, which makes the amendment to the grease trap ordinance all the better; sewer main lining at New Jersey Avenue, which goes under the railroad tracks, is scheduled to begin May 19th - notification will go out prior.

Councilman Mercun: apologized for not mentioning letter sent April 30th from Vanessa Rudd on Holiday Cooks Tour – 2009 Holiday Cooks Tour Committee wants permission to sell 50/50 raffle tickets during various events - requested Clerk Ellsworth put on next meeting agenda (Clerk Ellsworth: responded to them - some events are not run by municipality - they were told to contact the Chamber of Commerce, Lions Club, etc. – sent them a special event application to fill out for the Boardwalk).

PUBLIC PARTICIPATION PERIOD OPENED AT 9:41 P.M.

Michael O'Connor, representing Ocean ATM and Joe Ippolito, President and Owner of Ocean ATM: addressed Council on ATM placement process to date – placement of ATMs is directly related to the revenue they will generate – as town receives 25% of surcharge, better locations will generate more revenue for the town – originally designated locations were changed due to objections raised by the owners of Jenkinsons and Martell’s – meeting was held that Mr. Ippolito could not attend – asked Council to reconsider decision made at that meeting and allow ATMs to be placed in originally designated locations .
Dave Cavagnaro, Point Pleasant Beach: asked Council to reconsider Ordinance 2009-07; complained that town is allowing contractors to start earlier than time regulated through noise ordinance; asked for timeline concerning geese lights and how to clean up excrement, which is running off into our lakes; thanked Clerk Ellsworth for fine job; asked for update on Lake of the Lillies and Adopt-a-Spot Suspension.
Marilyn Madden-Joy, Point Pleasant Beach: spoke about tax hike with money going to the Police Department - taxpayers effectively donating $70,000 to Police.
Stewart Fischer, Point Pleasant Beach: asked about the $500 clock; complained that Council should get together to see if an Ordinance will fly before paying thousands of dollars for an attorney to draft it; asked why public works employees were painting lines at old Risden’s parking lot if it’s Open Space; offered copies of Transport Workers’, Teamsters and Police union contracts to public; complained about cost of town/school newspaper – felt newspaper should not have been mailed the week before the School Board election, as it was a political statement, therefore unfair and a conflict of interest; complained that, on the day of the school election, teachers gave their students stickers to wear that said your homework today is to tell your parents to vote in the school election – felt this was political and bribing the students.
Pamela Rickman, Point Pleasant Beach: new Animal Welfare Committee member - knows about program whereby goose remembrance can be collected and town pays for it; spoke about her elderly mother, who lives alone - strangers came to her door and left anti-mayor information - believes information to be inflammatory, invasive, and alarming - Mayor is a gentleman and scholar.
Vanessa Rudd, Point Pleasant Beach: expressed desire to correct Mr. Fischer’s previous comments - trying to teach children that they have the right to vote and importance of voting - didn't tell people how to vote.
Kenneth Murphy, Point Pleasant Beach: complained that after visiting tow hall to see tax assessor, noticed gentleman in truck without municipal tags being assisted by a uniformed Police Officer and dumping trash, including paint cans, into dumpster behind town hall; gave information to Councilman Rizzo about geese deterrent - experienced in installation – extremely effective - negative point is they deter seagulls.
Brian Schliep, Point Pleasant Beach: responded to Mr. Fischer’s comments about school board budget vote – his children came home with stickers that said please vote – did not tell him how to vote - vote wasn’t influenced by children’s stickers - reviewed budget and voted according to what he thought was best for the town; suggested Mr. Fischer run for state office to change the formulation for school budget.
Joe Lemma, Point Pleasant Beach: spoke about ATM machines - businesses in this town are telling Mayor and Council what to do; somebody is tried to run him over on his bicycle - been harassed by people going by his house and that “flea bag” paper never reported it - newspapers don't put in what the citizens are saying because they favor the businesses.
Ben Dispoto, Point Pleasant Beach: asked for rate of interest on pension deferral and if it will be retroactive to January; asked if we have a council liaison to the Parking Authority and what the Authority's responsibilities are - there is nothing the Parking Authority does that the town can't do for itself - asked how much of a surplus the Parking Authority has built in its balance sheet; referred to Budget - interest is going down 400% on investments - asked how there can be such a sharp drop - asked about 911 costs if program is run by county - asked how much is outstanding in notes and bonds and how much is set aside towards repaying that - asked if town has a sinking fund.
Bill Knapp, Point Pleasant Beach: thanked Mayor Barrella and Councilwoman Tooker for doing an excellent job in not beholding to any special interest groups and always putting taxpayers’ interests first; complained that, last year, Councilman Cervino voted to overturn the will of the people on school budget and has now come up with increase in water/ sewer charges that Mayor said is a gimmick - heard him sticking up for business - asked if his priorities changed and going more to special interests.
Elaine Hennessy, Point Pleasant Beach: thanked Council for first reading passage of Shade Tree ordinance; a wire was hit in Borden’s lot this morning by a tractor trailer truck - appears those wires are too low and JCP&L should check them; geese will head north once the weather gets warm; Bay Avenue businesses had trash out this past Sunday at 9AM and that has to change; the site at the base of the bridge is horrible looking.
Kristin Hennessy, Point Pleasant Beach: thanked Councilman Mercun for preparing resolution opposing Governor Corzine’s EMT cuts - devastating to volunteers throughout state and costly when municipalities will have to provide EMT services; thanked Councilman Rizzo for diligent work in pursuing code violators; echoed thanks for approval of first reading of Shade Tree ordinance; thanked Council for passing resolutions to enable town to become active in sustainable NJ – encouraged by good work of Councilwoman Tooker and future Councilwoman Lightburn.

PUBLIC PARTICIPATION PERIOD ENDED AT 10:51 P.M.
The meeting was adjourned at 10:52 P.M.

Transcribed By:
Scarlett Johnson

Attest: Maryann Ellsworth, Municipal Clerk


Published August12, 2009 | Council Minutes | 846


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