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June 16, 2009

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:32 PM 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.

Jason Mandia, Attorney for Wine King and also representing John Bezerra (owner of Europa South and the landlord of the Curves/Hardware store building): spoke on behalf of his clients regarding alcoholic beverage licensing proximity restrictions – asked for an amendment to Borough Code 4:3-3(a) to limit classifications in the proximity restrictions and allow Class ‘D’ (Plenary Retail Distribution) licenses to relocate within 500’ of Class ‘C’ (Plenary Retail Consumption) licenses – claimed: current ordinance prohibits competition and relocation of licenses; current ordinance treats these two different class licenses as the same which they are not; and main reasons towns put such restrictions in place is fear of red light districts and proliferations of bars - none of those conditions apply to this license, want to move a liquor store in close proximity to a restaurant – changing ordinance would not preclude authority of Council to approve all transfers.
Councilman Cervino: commented on Planning Board Meeting – clarified that Mr. Mandia’s client would like to move a current Class ‘D’ license to ‘Curves’ location on Arnold Avenue.
Mr. Mandia: would like to change proximity ordinance to read ‘it shall be unlawful for any plenary retail consumption alcoholic beverage license or plenary retail distribution alcoholic beverage license to be relocated within 500 feet of another premises holding an alcoholic beverage license of the same classification, except that a plenary retail consumption alcoholic beverage license with broad package privilege shall be classified as a plenary retail distribution alcoholic beverage license for the purpose of this section if the primary use is as a package goods store.”
Councilwoman Tooker: clarified that Planning Board heard application for offices not for someone entering the Curves store with a wine shop.
Attorney Gertner: advised that Council not get into defining whether the primary use of a ‘Broad C’ is either distribution or consumption, because owners can change their mind and it can become a slippery slope.

Kim Dietz-Kabbel: addressed Council regarding Farmers Market - been in contact with farmers - have 9 commitments - requested 25 parking spaces, 4 of which are handicapped, in the railroad parking lot, in close proximity to Arnold Avenue, on Sundays, from July 12th through September 13th, 9AM to 1PM.
Councilman Mercun: may be advantageous to give up the spots closer to Arnold Avenue because they don't fill up first.

Councilman Mercun: John Fernicola, Amethyst Beach Motel, is here representing the Offshore Power Boat Racing Association (NJOPRA), and has provided schematic of areas in Silver Lake Lot that the Association wishes to utilize – CFO/Administrator Riehl ran revenue figures for that weekend, Thursday through Monday, for the entire lot for 2007 ($21,000) and 2008 (not a nice weekend and about $10,000) – now talking Thursday through Monday; Councilman Cervino: feels easternmost section of the lot should still be designated for municipal parking and the VIP and race team parking could be placed behind Mr. Fernicola’s business.
Mr. Fernicola: NJOPRA race will be something unique this year – invited Manheim Auto Auction to present a classic car auction - Wall Stadium going to be venue for car auction and will present an eclectic, upscale demographic market for new visitors to Point Pleasant Beach - got a grander scheme than just filling up the parking lot with boat racers this year – more of a weekend long event - hoping Speed Channel will be here – by taking it in its totality and running whatever we need to generate (funds), will probably be able to give you the number you are going to ask for.
Mayor Barrella: asked about renting municipal lot to a private entity; Attorney Gertner: would need to establish objective criteria for evaluation; Councilman Mercun: NJOPRA is not a town business, so is should be treated as any other enterprise coming into this town - only way we can do it, without fallout, is by coming up with a full boat figure for the lot – would run into a problem if you start giving discounts; Attorney Gertner: could create an ordinance to set up the mechanism and set fee by resolution each year.
Dave Dieugenio, NJOPRA: always promoted it as a race - want to promote entire weekend: Cruise Night on Friday, Auction at Wall Stadium, boat pits on Saturday and boat race on Sunday.
Discussion continued between Borough Attorney, Governing Body members and NJOPRA representatives regarding rental of lot, parking impact on other businesses and other issues, including problems with last year’s event, in an effort to reach a compromise. Chief DePolo responded when asked for his input: will create a staffing issue - sandwiched between Labor Day and Seafood Festival - beer truck is an issue - haven't had a chance to look at it in depth. Borough Attorney was authorized to draft ordinance and in the interim NJOPRA was asked to sit with the Police Chief to address concerns.

Steven Siegel and Sean Highland, Spiezele Group: addressed Governing Body regarding Community Center shared services report – been working with municipality and Board of Education on report -showed conceptual plan - second floor would house Board offices as current Board building would be eliminated – providing vegetative roofs and solar panels for a green building - budget items include all soft costs, including attorney and engineering fees – there are some green building grants out there.
Discussion ensued between Spiezele representatives, Council and Borough Attorney: some green building grants available; community center is a misnomer, looks like a Board of Education project, with only a 20 X 10 senior room – even the swimming pool is not for community use, only for swim team with Board of Education to lease for other events - 90% of building seems to be devoted to Board activities – hard to justify municipal bonding of $22M; concept of a community/school project - joint venture that becomes vehicle for shared service with better coordination in design and use - could have the two Board of Education liaisons start speaking with Dr. Savage – could lead into shared services and shared programs; need something that will show a realistic partnership. Mayor Barrella directed Board of Education liaisons to work with Board of Education to refine the plans to incorporate more of a community center and work on funding.

Councilwoman Tooker: asked about applying same criteria for charging for extra police at events, such as concerts and fireworks, as is done for other special events. The Borough Attorney was authorized to render an opinion.
Department Head memos and correspondence were discussed with many items moved to the agenda for action; Borough Attorney was authorized to research and draft an ordinance regulating pedi-cab operation; action on Recycling Task Force items were held for input from Superintendent of Public Works and Recycling Coordinator.

Motion by Councilman Cervino, to enter closed session to discuss 3 litigation and 2 personnel 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 8:07 P.M. and ended at 8:58 P.M.

Mayor Barrella called the regular meeting to order at 9:09 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 2009-07, having already had public hearing, was presented for Council vote. Mayor Barrella: read from Asbury Park Press editorial regarding a gentleman who sought to pay his water/sewer bill in pennies as a protest because businesses pay a minimum fee whereas residents pay for what they use – Brick Utilities authorized a study to examine utility’s costs with goal of re-examining rates and fees across the board - Utility’s Executive Director, James Lacey stated that the utility has fixed costs such as its $150,000/month electric bill which much be paid even if consumers decide to stop using water – thought those fixed costs were already included in the rate people pay instead of some ridiculously outlandish one size fits all imaginary number of gallons used – as ridiculous as that sounds, it gets worse: “In a fair world, people would pay for what they use, Lacey said” - in Point Pleasant Beach, Council made this a fair world in 2004 when they enacted an Ordinance that required the users of water to pay for a percentage of the cost of operating the utility based upon their usage – proposed ordinance increases just the minimum fee causing some low end users to have an 8% or 9% increase whereas users at the high end are going to experience an increase of maybe .03% - since Council is in a position, based upon the advise of the Administrator, to have to raise rates, it seems that a 3% across the board increase, to both the user fee and rates, is a much fairer and less regressive way of doing this.
Councilwoman Tooker: if Council is going to raise, should raise rates instead of minimum - have a lot of seniors, small families and small businesses that don’t even use the minimum - rate for small users is up 8% and hi-end users is .0382% - think inequity was fixed in 2004 and shouldn't go backwards.
Councilman Cerivno: Councilman Dixon felt changing water rates was unfair - contention is to raise stand by fees from $90 to $99, not rates - town facing major financial issues in the future - trying to alleviate some of that burden.
Motion by Councilman Cervino, to adopt Ordinance 2009-07, 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 2009-16 (Municipal Way – Parking for Authorized Vehicles) 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 2009-16.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-17 (Capital Bond – Miscellaneous Items) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cervino, seconded by Councilman Hennessy and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2009-17.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-18 (Bicycles on Boardwalk) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-18 was approved on first reading. The public hearing will be held on July 7, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-19 (Anti-Nepotism Policy Exceptions) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-19 was approved on first reading. The public hearing will be held on July 7, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-20 (Parking Requirements for Beaches) was introduced on first reading.
Motion by Councilwoman Tooker, seconded by Councilman Mercun and carried by the following roll call vote, Ordinance 2009-20 was approved on first reading. Was recommended by Planning Board Planner and Borough Engineer and will be provided to the Planning Board for recommendation. The public hearing will be held on July 21, 2009.
VOTE: Council Members Mercun, Tooker, Dixon….YEA
Council Members Cervino, Rizzo….NAY
Councilman Hennessy….Abstain

Mayor Barrella opened hearing on the 2009 Municipal Budget.
Ben Dispoto, Point Pleasant Beach: the process was handled horribly, with bad information about the $585,000 and the Parking Authority - thought town should wait for state figures and asked about changing to a state fiscal year, July 1st to June 30th - town employees have worked hard and put a lot of time into this – been a lack of transparency at the school board.
Warren Korecky, Borough Auditor: cannot go to fiscal year, has been banned - too much of a disaster - too much debt to get to the transition year.
Dave Cavagnaro, Point Pleasant Beach, asked if he’s correct in understanding that no money was set aside for tax appeals - suggested that be changed – went over money set aside for tax appeals last year - a percentage of those appeals have to be successful based on the nature of what they’re appealing against - considering how tight budget is, it’s automatically dooming it to a short fall in that particular area.
Vince Castin, Point Pleasant Beach: feels Public Works jobs, allocated to certain individuals, could be interchangeable and performed by part-time $10/ hour person, who can multi-task unlike the bona-fide full-time employee, who cannot do that according to their contract – asked about the Municipal Court budgeted salary and wages of $247,000 and who it’s for.
Anthony Lombardo, Point Pleasant Beach: appreciated comments from Councilman Mercun - however in over 25years of running a business, never had to pay compensation insurance, would sub everything out - has offered his services to sit on committee because he was never protected by union or civil service - most important thing is to cut spending – asked about the $200,000 received from the Parking Authority.
Warren Korecky, Borough Auditor, responded to questions from Mayor and Council: problem is you have a tax levy cap to comply with - either have to find more revenues from some source, which can’t be property tax as that is limited at 4%, or reduce spending somewhere in the budget or ask for a waiver to get under the levy cap - problem is more on the revenue side -regarding accelerated tax sale, there’s no advantage to it - spoke about deferral of school taxes – spoke about decisions made last year and their impact on last year and going forward.
Motion by Councilman Mercun, seconded by Councilman Cervino and carried by the following roll call vote, to close public hearing and adopt the 2009 Municipal Budget.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA.

Clerk Ellsworth added several items to consent resolutions listed below; action on Consent Resolution 2/Item ‘m’ and Consent Resolution 3/Item ‘h’ was held; Consent Resolution 3/Item ‘r’ was held for separate consideration; Dave Cavagnaro, Point Pleasant Beach: asked how much money the town makes from the Farmers Market - didn’t put paid meters into the Borden’s Parking Lot, now have outside vendors making money on Point Pleasant Beach by giving them free space in the railroad lot - asked why the town is giving up one single parking space that could make the town money - no one knows what the town is losing by giving up 25 parking spaces - with all due respect to our Chief of Police, Emergency Management should be outside the area of Police, Fire and Rescue, as that job supercedes all 3 of those departments; Mr. Morrongiello questioned item on clerical staff in police department and if they are civil service employees; Anthony Lombardo, Point Pleasant Beach: suggested utilizing Pleasure Park for the Farmers Market - have a lot of people coming out of Church and won’t have to worry about parking; Ben Dispoto, Point Pleasant Beach, asked about sanitation schedule – asked where the Boardwalk Plaza was located – asked if town would be reimbursed for payment to Sea Girt Lanes for Park Program Bowling Activity; John Deter, Point Pleasant Beach: thought Mr. Lombardo’s idea regarding the Farmers’ Market was great - if Council had had the foresight to put a skate park there, would now have a hard surface for those trucks - made suggestion to put a skate park in at Point Bay Fuel, which is another excellent place for Farmers Market – expressed concerns about Pubic Works - recycling center is right next to Deborah Event which he attended last week - saw big pick-up truck with PPB sticker on it idling for about 1.5 hours in front of lot – asked if he should be bringing it to Governing Body’s attention or Mr. Trout’s - pick up truck should be parked and the attendant should be in the building built for him doing his job instead of sitting in the lot watching the flea market.
Motion by Councilman Mercun, seconded by Councilwoman Tooker, resolutions covering items listed below were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Payment to Selective Insurance for police substation flood insurance ($3436)
b) Payment to Project Graduation for recreation activity/entertainment sponsorship ($2500)
c) Payments to American Uniforms for special officer uniforms ($6702.66)
d) P O to RKE Athletic for parking enforcement and bike unit staff shirts and jackets ($2083)
e) Payment to Detcon for recycling roll-off container ($5497)
f) Payment to Brick Utilities for April ($59,508.99) and May ($76,256.55) bulk water usage
g) Payment to Coded Systems for 2007/2008 Code update/Internet hosting fees ($8,467.05)
h) P O to SPS VAR, LLC for police operating system upgrade & installation ($5816)
i) Memorialize Shrimp Box ABC License expansion approval
j) Memorialize NJ DOT grant application approval for Niblick St
k) Establish salaries for 2009 Recreation summer program
l) Approval of Payroll #12 ($247,009.92)
m) Payment to Schulman, Weigmann from Board of Adjustment escrow acct ($225)
n) Payments to CMX from Board of Adjustment accts ($1431.10)
o) Establish Sanitation Schedule
p) Release De-watering bonds (2)
q) Approval of Elks ABC Social Affairs License application for Octoberfest on 9/19/09
r) Payment to Forestree Consultants for Forestry Management Plan ($4950)
s) Approval of April and May hand checks ($1,627,668.13)
t) Release dumpster bond
u) P O to Metric Group for paper/parts for parking meters ($14.010)
v) Progress Payment #7 to F & P Contractors for downtown revitalization ($19,337.77)
w) Payment to Motorola for digital Quantar T5365 ($13,042.60)
x) Payment to Motorola for battery chargers for police radios ($4025)
y) P O to S&S Recreation for park program supplies ($2002.91)
z) P O to Murphy Bus Co for park program trips ($3080)
CONSENT RESOLUTION 2:
a) Memorialize NJ DOT Safe Streets to Transit grant application
b) Authorization to apply for NJ DOT Transportation Enhancement Grant for Boardwalk Plaza reconstruction
c) P O to Sea Girt Lanes for park program bowling activity ($4500)
d) Scheduled payments to PPB Bd of Education ($1,322,652.72)
e) Payments to Horizon BCBS for employee health benefits ($223,465.52)
f) Progress payment #2 to Seaview Contracting for drainage improvements to Parkway and Central Ave ($62,578.65)
g) Change Order #1 to Seaview Contracting for drainage improvements to Parkway and Central Ave (-$25,121.23)
h) Change Order #1 to Allstate Power-Vac for Phase I Sanitary Sewer evaluation ($9,009.40)
i) Payment to Bruce Callendar Plumbing to install gas line at police substation ($1,000 through grant)
j) Payment to Maxor Plus for employee Rx benefits ($25,776.04)
k) Water/Sewer bill adjustments (15 accts)
l) Change of title to Deputy Clerk for Eileen Farrell, with no monetary compensation
m) HELD (Appointment of David Bassinder to the Parking Authority)
n) Approval of computer generated vouchers ($170,980.95)
o) ABC License Renewals (20)
CONSENT RESOLUTION 3:
a) Payments to Pedroni Fuel for gasoline & diesel fuel ($22,508.73)
b) Approval of Payroll #13 ($247,247.07)
c) Payments to Galvin Law Firm from Planning Board escrow accts ($870)
d) Payments to CMX from Planning Board escrow accts ($1050.35)
e) Memorialize Farrell’s Stout and Steakhouse ABC license expansion
f) Re-appointment of Chief DePolo as Emergency Mgt Coordinator
g) Memorialize Jenkinsons Pavilion ABC License renewal
h) HELD (Approve Forestry Management Plan)
i) P O to Lawmen Supply for Glocks, less trade-ins ($10,662.76)
j) Authorization for the Farmers’ Market to utilize 25 spaces in the southern section of the Railroad lot from 9AM to 1PM on Sundays from 7/12/09 through 9/13/09
k) Authorization for the Borough Attorney to research viability and if viable to draft an ordinance regarding short-term leasing of the municipal parking lot
l) Approval of St. Peter PTA special event application for Fishermen’s 5K on 3/27/10
m) Approval of Ocean Fire Co #1 special event application for Christmas in July on 7/12/09
n) Approval of Chief’s request regarding clerical staff in the police department
o) Authorization to change November meeting date from the 17th to the 24th
p) Authorize handicap parking spot on Delaware Ave and deny ‘No U Turn’ sign request
q) Authorization to draft and ordinance amending closing of ABC ‘D’ licensed establishments to comply with State statute
r) Removed for separate consideration (Authorization to designate 2/15 minute parking spaces on Broadway near Ralph’s)
s) Authorization for CMX to arrange for inspection of elevated water tank before release of performance bond
t) Authorization to draft ordinance amending ABC License location restrictions for separate types of (“C” and “D”) licenses
VOTE: Mercun, Hennessy (Except Consent Resolution 1/Items ‘i’ and ‘j’); Tooker, Cervino,
Dixon, Rizzo….YEA
Councilman Hennessy (Consent Resolution 1/Items ‘i’ and ‘j’)….NAY

Motion by Councilman Mercun, seconded by Councilwoman Tooker and carried by the following roll call vote, to authorize draft of ordinance creating two 15 minute parking spaces on Broadway near Ralph’s Ices.
VOTE: Council Members Mercun, Tooker, Cervino, Rizzo….YEA
Council Members Hennessy, Dixon….NAY

COMMITTEE REPORTS

Councilman Mercun: thanked the Finance Committee and public for their input on the budget; announced Jazz Fest on Saturday 12-9PM in Borden’s lot – 11 wineries represented, 7 local restaurants, 20 crafters, 8 bands, with 3 bands at Point Beach Interiors – wished Chamber of Commerce a lot of success.
Councilman Hennessy: addressed quality of life issues, especially in Districts 3 and 4 pertaining to noise - met with Administrator Riehl - she will coordinate meeting with Zoning Officer Petrillo and Chief DePolo to be sure occupancy and group rentals are being looked at - those districts put up with enough in three months – there’s got to be accountability for people who rent - wants it strictly enforced and the backing of Council; thanked Administrator Riehl for fixing the phones and Chief DePolo for keeping restrooms open 8AM-dusk; discussed with Administrator Riehl “No Dog Allowed” signs on Trenton and Forman Avenues, and labeling and adding garbage cans for recycling; Neighborhood Watch Meeting was May27th - thanked Elizabeth McLaughlin for heading this committee - she would like more residents involved - thanked Lt. Dikun for in-depth presentation on sex offenders and Megan’s law; large portion of phragmites and vegetation were cut at Lake of Lillies, on private property part of St. Louis - reiterated that cutting is illegal there - 100%for dredging that lake, but are doing it backwards in going for a loan and then suing DOT - should sue DOT first, not burden our taxpayers; members of Town Hall Committee are Joel Wolber, who was elected chairman, Candance Donoghue, Marilyn Burke, Stewart Fischer, Anthony Lombardo and Vince Castin; thanked Councilwoman Tooker, Recycling Committee, DPW and Jenkinson’ for for trash cans on Boardwalk - refreshing to see tasteful-looking commercial garbage cans (one for recycling and one for garbage) and a Jenkinsons’ employee was pushing a big industrial cart and picking up the trash; recognized police presence and cleanliness of the Boardwalk and Ocean Avenue; invited volunteers to join him, Councilman Mercun, and Pam Rickman on Garbage Pick-Up committee, meeting on Saturday mornings; wants to meet with Administrator Riehl about getting Ocean County jail to bring detainees down to clean up some County roads, mainly Arnold Avenue; Recreation Committee met August13th at Pleasure Park; congratulated graduating 8th graders and High School seniors; reported that court revenue was $145,148.89 (January-May 2008) and $178,070.90 (2009) during same period for 2009; meter revenue was $161,712.25 (2008) and $211,278.05 (2009) with an additional revenue of $122,249 for June 1st-15th; recognized NJ National Guard troops, 2,900 men deployed to Iraq for one year - the 50th Infantry returned without one fatality.
Councilwoman Tooker: not surprised by revenue figures, since weekends have been packed - reflects on the overall nicer demeanor of Council and public; asked about town participation in County prisoner program; asked Councilman Hennessey about overnight summer task force in Districts 3 and 4, with people coming out of bars late at night; as promised to Clerk Ellsworth, brought up the cost of meeting agenda packets – approximately $4,000/year in paper (not including ink, copier service, labor) - suggested Council consider receiving agenda page, with one agenda packet for Council perusal in Clerk’s office and one packet for public perusal upstairs – saves money and trees - this information could be scanned to Council and specific pages could be photocopied on request; happy Council voted to fund the lake - still going after other entities, but it could be another 10 years – need to take advantage of low cost loan and 1% interest; asked who looks for stimulus money and if the Federal Government is telling us anything; refered to an “Asbury Park Press” editorial about New Hope for History - Long Branch just passed a historic preservation ordinance - have been asking the Historic Preservation commission to look into this – Committee has several openings - anyone interested should contact Council; Animal Welfare fundraiser is August 27th - don’t have the kittens this year, which is indicative that program is working - hopefully, tonight, Point Borough will have their first reading of TNR ordinance - they will be starting a program based on the Point Pleasant Beach program; met with Councilman Hennessey, Administrator Riehl, Public Works Superintendent Trout and some members of CRAB at Maryland Avenue beach - still have issues, but are working on them; thanked “Ocean Star” reporter, Alena Competello for article on locker clean-out at High School - students saved the taxpayers hundreds of dollars - filled 3-yard dumpster to overflowing.
Councilman Cervino: concurred with Councilman Hennessey on all groups to thank – also thanked Attorney Gertner, Administrator Riehl, Clerk Ellsworth, and Council for the very serious demonstration of camaraderie tonight - not just here, but elsewhere; complimented Joe Lemma for his commitment to this town - last week, he was outside the municipal parking lot, formerly known as Risdens, encouraging motorists to pull in and park there; Open Space meeting is July 23rd; there’s been work done on the seawall – there’s a concern about the integrity of the retaining wall - Mr. Savacool will check it and will check that the parking lot will not be undermined; Code & Building Department are doing what they need to do – occupancies in two businesses and a rental were removed - with respect to FEMA, 5% will be removed from flood insurance bill as a result of reclassification - Code Enforcement staff is short one person due to sick leave - have been diligent in the things they are doing.
Councilman Dixon: will share email on 3 or 4 animal houses in town - will be no tolerance; acknowledged fellow from Jenkinsons travels up Central Avenue, Parkway, and Niblick Street early in the morning, picking up garbage; commended Antrim girls softball team - lost only one game this year, best record they ever had; court and meter revenue is up; provided statistics from Police Department over Memorial Day Weekend - 229 arrests in the month of May - commended Police Department for job they are doing.
Councilman Rizzo: said he is in favor of Open Space, but bothered we didn’t get the beach - commented, as representative of Open Space Committee, on two inaccurate claims in recent fliers: (1) that the committee has no plans to purchase the Coast Guard Station and Gull Island – if they ever were for sale, would not want to see these in private developer hands, and (2) that these properties would cost millions - the way government works, the cost to town would be far below the market value - is impressed with Committee trying to do the right thing for the future of this town, and is proud to serve on it; suggested that complaints be made anonymously and sent to Mayor and Council, Chief DePolo and Administrator Riehl, so they’re on record and we all know about it; received complaint on 115 New Jersey Avenue, regarding property not being maintained - brought it to attention of town - asked that owner speak to neighbors; received complaint about tree removal at 113 New Jersey Avenue in March 2008 - haven’t been replaced - soil was dropped on property and property is not maintained - brought it to town’s attention - other house will be coming down tomorrow and property owner will be at that site - asked him to contact area residents to assure them of what’s going on with that property; received complaints regarding animal houses on Arnold Avenue with 18 to 22 cars parked on property - brought to attention of Police Department and understand it’s been addressed - went back twice and not too many vehicles were moved, parked along side of house where they aren’t supposed to be - fire or other emergency trucks would never get back there in time; on Baltimore and Arnold Avenues, numerous cars parked in driveway overlapping into streets; quality of life issues - summons should be issued, cars ticketed and towed; if you see anyone cutting at Lake of the Lillies, contact the Police Department - gives them credit for being on patrol - frustrated that, after he notified the Building Department, they said call the Police - the Police Department doesn’t know the boundaries, supposedly, but the Building Department does - there were no summonses or warnings issued; takes issue with the fact that the Mayor had the CMX letter in reference to Lake of the Lillies 23 days before the Council members did, and the Borough Attorney had the letter 15 days before Council - believes even “The Ocean Star” had information before Council, which was publicized the next day - the letter says we were denied the EIT stimulus grant - this letter was about committing our town to millions of dollars worth of debt for 40 years – Council had to make a multi-million dollar decision and didn’t receive the information until the day of decision - understand it will cost anywhere from $200,000 to $120,000 a year to pay back – it’s not a grant, it’s a loan – believes, if we had gone after DOT and the County, could have had this taken care of without a problem (Councilwoman Tooker: Ray Savacool made his presentation to us a couple of months ago and, right after, sent us basically the same letter, spelling out every depth level, and all the different costs involved - it was both e-mailed and forwarded to Council in hard copy) question was asked to me and the other Council people when they received the notice - we received it that particular day (Councilwoman Tooker: I know you received one that day, but we received essentially the same letter right after the presentation; Councilman Mercun: received a letter addressed to entire Council, right after presentation - memorializing what the cost would be, by depth; Mayor Barrella: that’s one of the reasons we had a Council meeting on June 11th - to deal with that issue.)
Councilman Mercun: regarding retaining wall, thanked and commended First Aid Emergency Squad for responding to request from Engineer Savacool - using their own video equipment and provided CD at no cost to town - put two divers into the waters, who videotaped repairs - showed plastic was four inches away from retaining wall at bottom - without this, would have had to either pay for services to alert us to a problem, or gone along until the wall caved in, and then tried to figure out who to sue; independent auditors did audit of our financial statements for 2008 and not one exception is noted - extraordinary (Administrator Riehl: noted it took hard work and cooperation of the entire Borough staff and thanked them.)
Mayor Barrella: disappointed with outcome of the approved application for the Shrimp Box and with what’s going on there - observed the entranceway to the Shrimp Box with signage “Entrance to Shrimp Box Patio Bar” - people come in and told us they wanted it to accommodate people coming for dinner and Council approved it - now we have an entranceway to a bar outside of the restaurant, with a sign over it - suggested Council remember that going forward; we were successful in bringing the DOT and Ocean County into the lawsuit regarding Lake of the Lillies - complaint will be filed once judge signs the order approving the amount - Attorney Gertner has already been in contact with Ocean County for their contribution - placed a call to Commissioner Doria, trying to get into DOT through his office to move this along expeditiously - Lake of the Lillies is something that needed to be dredged -important project - we’re going to get it done; thanked Councilman Rizzo for his apology to both Open Space Committee and, he assumed, himself - assumes he is also making that apology on behalf of Mr. Fischer for the flier that bears both their names, as well as Ms. McAndrew’s; met with Councilman Cervino and Clem Bremmer from the Environmental Commission, with interest to turn Rickover Park into a parking area; had a brief discussion with Mr. McGlynn, and suggested we meet again, which we did - met at Borough Hall with Mr. McGlynn, Administrator Riehl, both Anthony Storinos and Frank Storino about town’s economic condition - why it’s important to raise revenues, the levy cap issues, cost of repairing Boardwalk and various financial issues and concerns - important to find common ground and the additional revenues we need; we have the prototype Trap, Neuter and Release Program in New Jersey - featured in the May edition of the “New Jersey League of Municipalities” Magazine - last year, we spent $3,219 euthanizing cats - this year we have spent zero - we saved the money, have not destroyed any cats and the number of cats is getting smaller - great program, with a lot of hard work from a very dedicated group of people; the Lakes are getting there - fully expects to dredge both lakes by October - the bad part about getting in a position to do something is that Council has to figure out how to pay for that which is being accomplished; appointed Mary Jane Reilly to Recreation Committee.
Administrator Riehl: as of end of May the Open Space Trust Fund balance was $385,000; parking meter revenue to date, at property formerly known as Risiden’s, is $6,185; announced that town received and deposited $300,000 from Green Acres for the Inlet property – have roughly over $650,000 in that fund.

PUBLIC PARTICIPATION PERIOD OPENED AT 11:23 PM.

John Deter, Point Pleasant Beach: addressed Councilman Rizzo, stating he will continue to bring his comments to this forum - will save and reduce paperwork and cost if he comes here with his complaints.
Peg Zaremba, Point Pleasant Beach: spoke about Bay Avenue becoming a commuter thruway through Point Pleasant Beach for residents of Point Pleasant Borough and Bay Head - complained about out-of-control traffic - pointed out areas where no crosswalks are located - speed limit changes when passing Atlantic Avenue – asked for stop sign at New Jersey Avenue, speeding tickets, and other help.
Pam Rickman, Point Pleasant Beach resident: had same traffic issues on River Avenue - noticed a difference when police vehicle is parked on the street, with or without an officer in car.
Bill Reilly, Point Pleasant Beach: asked if there were any plans to have the first meeting of the Revenue Committee.
Dave Cavagnaro, Point Pleasant Beach: thanked Police for response time to his noisy neighbors and for excellent work; spoke about River Avenue - knows Council got permission to swap road and understands Council still hasn’t picked a street; referred to last council meeting, regarding second reading of the water rate increase – was determined as part of resolution to table, that Council wait a billing cycle – yet Council voted for increase tonight – asked for an explanation as to the rush; geese meandering along, defecating on streets, sidewalks, lawns - lights may work in some areas but not in his neighborhood - asked for timeline regarding geese problem.
Anthony Lombardo, Point Pleasant Beach: clarified his conversation with auditor - thanked DOT on Hwy 35N - asked if anyone had seen it and encouraged Council to write a ‘Thank You’ letter.
Former Councilman Daniel DiCorcia, Point Pleasant Beach: acknowledged that Councilman Rizzo attended the Memorial Day Ceremony and that Mayor Barrella did a great job paying tribute - reminded all of us that Freedom isn’t free; noted that the flag is in shreds – asked that someone check into it; ask if Council gave a special permit for the wine tasting event; Patio Bar was supposed to have a lavatory at the beginning of this year, as part of their permit process; spoke about problems with urinating in public; spoke about attending a funeral for a Point Pleasant Borough Police Officer - observed police car blocking crosswalk, and another parked over the yellow line - expressed the need for respect and the obeying of the law by the Police Department as well as the public.


PUBLIC PARTICIPATION PERIOD ENDED AT 11:52 PM

The meeting adjourned at 11:53 PM.


Published October26, 2009 | Council Minutes | 887


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