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July 7, 2009

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 (Deputy Clerk confirmed identity and presence of Councilwoman Tooker via conference call), Cervino, Dixon and Rizzo present. The Deputy Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department head memos and correspondence were discussed; decided to address trash pick-up in closed session; sewer collapse was moved to agenda for action; need to weigh Greenhouse Gas Reduction program benefits versus costs to municipality; Chief DePolo updated Council on Teen Night problems and resolutions – discussion ensued on whether Teen Night should be treated like a special event with the business owner paying the cost of additional police personnel – Attorney Gertner surveying, through League of Municipalities, what is a special event and what isn’t – will have answer at next meeting – Chief will continue to monitor and report any problems to Council.

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

Closed session started at 7:10 P.M. and ended at 7:30 P.M.

Motion by Councilman Mercun, to terminate closed session and resume regularly scheduled meeting at 7:39 PM, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo ….YEA
Additional questions were raised in closed session regarding trash pick-up – Borough Administrator will research and provide additional information.

Introduction of Ordinances 2009-21 and 2009-23 held, as Councilman Mercun will be amending draft copies.

Mayor Barrella invited public to comment on proposed Ordinance 2009-22 (ABC License Proximity Amendment).
Diana Anderson, Attorney representing resident/business owner: asked Council to consider tabling ordinance – amending it affects all license owners in this municipality – has questions and would like to review with Attorney Gertner and Police Department – if ordinance hasn’t been referred to the police department, asked that it be referred for their input – that input would have to be reviewed by Council prior to second reading – may not have time to put all that together and give back to Council before second reading on July 21st.
Councilman Mercun: has responsibility to residents to minimize litigation – would never deny request by person representing affected party for additional time and research – if some accommodation could be reached between attorneys, Council would want to grant time for that; Attorney Gertner: in terms of litigation, to make a full record, there is someone advocating an opposite position.
Attorney Anderson: did speak to Attorney Gertner about this – put those concerns into correspondence, which she offered to copy for Council.
Jason Mandia, Attorney on behalf of Europa South LLC (landlord for this matter) and Wine King: explained Europa South and Frankies Restaurant are only ABC licenses within 500 feet of this location – would like it moved to first reading for the following reasons: after publication, public would have ability to comment and present concerns – will be plenty of time to address concerns and make changes – doesn’t believe there will be any wording changes – more of an objection to the general concept and that objection is always going to be there – several matters were brought up as reasons to table this – one was in regard to the old Police report – Council and Police had issues with initial ordinance: (1) too subjective, leaving location up to Council to determine as requested – this Ordinance does not require subjective analysis, (2) Police didn’t want a “liquor row” – there are only 3 distribution licenses in this town – can’t create a liquor row on three licenses; proposed changes benefit pocket licenses, as there are 21 licenses in one square mile - increasing competition – objectives are supported by ABC – there’s no need to shelve this.
Mayor Barrella: asked if Attorney Anderson was requesting this be held until next Council meeting – not inclined to support an open-ended tabling – not fair to other parties.
Attorney Anderson: fine with tabling until next meeting – asked that ordinance be referred to Police department for additional/supplemental report – asked that she be provided a copy of that report.
Dave Cavagnaro, Point Pleasant Beach: asked that ordinance be eliminated, as town is becoming a destination for drinkers.
Greg Minadeo and Sue Wolcott, employees of Great Atlantic and Pacific Tea Company: opposed to amendment – existing 500 feet is satisfactory.
Attorney Gertner: advised all that information can be obtained through the Municipal Clerk’s office – clarified that the 500 feet proximity prohibition remains – ordinance objectively permits licenses of a different class to locate within that 500 feet – for example, there can’t be two C’s (consumption license) within 500 feet, unless they’re pre-existing – there can’t be two D’s (distribution license) unless pre-existing – different than what Mr. Mandia had advocated previously – this ordinance is very objective, maintaining balance between that 500 feet prohibition and the need to foster and encourage competition.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, to table introduction of Ordinance 2009-22 until the July 21st Council meeting, was carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessey, Tooker, Dixon, Rizzo….YEA
Councilman Cervino….NAY

Motion by Councilman Mercun, to recess at 8:02 PM, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessey, Tooker, Dixon, Rizzo….YEA
Councilman Cervino….ABSENT (left the room between the vote above and this vote)

The meeting reconvened at 8:12 PM with Counsel advising there was no need for a motion or roll call. The Mayor and all Council members were present.

Ordinance 2009-24 (Lake Louise Dredge Bond) was introduced on first reading. Mayor Barrella advised that, since both Councilmen Dixon and Rizzo live on Lake Louise, they would not be able to participate or vote – invited Mike Sinnema, who has been working on the Lake Louise Dredge Project for a number of years, to speak.
Mike Sinnema, Birdsall Engineering: provided project status – as of last week, all Army Corp and DEP requirements have been satisfied – within the next two weeks, all documents approving lake dredging should be in hand – dredging will need to be done in the fall and completed by January 1st – Gull Island is a State approved, compliant disposal facility, which has the capacity to accept dredge material from Lake – Gull Island has 20,000 cubic yards of capacity left – bottom line, this is going to be the last project to go in there at a reasonable cost – over course of last three years, have been dealing with permit application – denied by DEP and appealed through their office of administrative law – at the end of this process, won’t receive the traditional permit usually issued by DEP, but rather a settlement agreement, unique to Lake Louise, signed by the Governor’s Office.
Len Carlson, Point Pleasant Beach, spoke about the importance of Lake Louise to town – unique to entire east coast – it is a tidal lagoon, a clearly defined lake in close proximity to ocean – use of lake is widespread between residents and non-residents – many different uses such as powerboats, kayaks, canoes – increase in children playing there and usage of lake during Thursday night fireworks –previous discussions about incorporating a public kayak launching ramp.
John Olsen, Point Pleasant Beach: worked on this dredging project for more than 13 years – as with past administrations, this administration has been extremely supportive – if we lose space on Gull Island, this project will likely never happen – noted positive factors in town’s favor: $100,000 commitment from Ocean County, a low interest State loan from 2006, a hard fought agreement from DEP and historically low interest rates due to the present economy – will be legacy of this Council for future generations – thanked Council for support.
Dave Cavagnaro, Point Pleasant Beach: agreed with all reasons stated, but the one that’s most important to him, and that should be most important to residents, is that all three lakes are critical to storm water management – if the lakes disappear and it rains, town will flood – Lake Louise is the most critical, as it takes water from all sections of town – asked about meeting with engineer regarding pump at Niblick Street.
Engineer Sinnema: a lot of similarities with stormwater and dredging issues – bottom of lake covered with 12” to 18” of algae and foot of “black mayonnaise” – concerned about high tide.
John Cheasty, Point Pleasant Beach: competition is stiff, economical to do it now.
Bill Knapp, Point Pleasant Beach: asked Mr. Sinnema how the 18,000 cubic yards of “black mayonnaise” relates to how much stuff comes out of the bottom of the lake – reminded members of Council that part of their election platform was to remedy the condition of the lake.
Vince Castin, Point Pleasant Beach: asked if this would have a positive effect on Little Silver Lake.
Joseph Entwistle, Point Pleasant Beach: asked that Council support dredging.
Max Gagnon, Point Pleasant Beach: Lake Louise was dredged forty-five years ago – his brother moved away twenty years ago because Lake had gotten so bad – hopefully, other things that come before this town won’t take so long.
Judi Vanderzee, Point Pleasant Beach: concerned about safety of the lake for swimming – shared personal experience of when her husband fell into the “black mayonnaise” – asked if lake will be cleaner once it is taken out.
Linda Policarpio, Point Pleasant Beach: reiterated need for dredging – over the years, has seen a higher fecal content – asked if they will have waterfront property or will it be desolate land.
Diane Konidaris, Point Pleasant Beach: grew up on the lake every summer of her life – concerned with what we’re losing – has been a 15 year battle – everyone finally together and need Council’s support now, more than ever.
Albert Varosi, Point Pleasant Beach: has lived on Lake Louise for 50 years – lake has handled quite a bit of stormwater runoff and has “silted up” – lake is an asset to town as open space – many residents have paid quite a premium to live on lake – advocated that dredging is in best interest of town – beseeched Council to pass this ordinance.
Gail Olsen, Point Pleasant Beach: environmental health specialist – dredging would increase water flow and there would be less experiences with high fecal and bacterial counts.

Motion by Councilman Cervino, seconded by Councilwoman Tooker and carried by the following roll call vote, Ordinance 2009-24 was approved on first reading. The public hearing will be held on July 21, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino….YEA

Ordinance 2009-18 (Bicycles on Boardwalk) was considered on second reading. The public hearing was opened, held and closed with no member of the public wishing to be heard.
Motion by Councilman Mercun, seconded by Councilman Dixon and carried by the following roll call vote, Ordinance 2009-18 was adopted on second reading.
VOTE: Council Members Mercun, Tooker, Dixon and Mayor Barrella….YEA
Councilman Hennessy, Cervino, Rizzo….NAY

Ordinance 2009-19 (Anti-Nepotism Policy Exceptions) was considered on second reading. Mayor Barrella opened the public hearing.
Kristin Hennessy, Point Pleasant Beach: current anti-nepotism policy would preclude her from serving in a volunteer capacity on boards/committees because her brother sits on Council – that would apply to any other family member of the Governing Body – asked Council to support proposed ordinance, ensuring that people who want to volunteer can.
Christine Reardon, Point Pleasant Beach: supports ordinance amendment – there are families who have been here for a very along time – they get involved in Council and want to volunteer.
Motion by Councilman Cervino, to close the public hearing and adopt Ordinance 2009-19 on second reading, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Deputy Clerk Farrell added item to consent resolution; Councilman Hennessy asked if there would be a Police presence at the Chamber’s wine garden; no member of the public had any questions on the consent resolution.
Motion by Councilman Mercun, seconded by Councilman Dixon, resolutions covering items listed below were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Application for ABC Social Affairs Permit for VFW on 8/22/09
b) Application for ABC Social Affairs Permit for Chamber of Commerce on 9/19/09
c ) Authorize O’Donnell Stanton to proceed with Baltimore Avenue sewer collapse project as per alternate 3 of their proposal
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-25 (Amend Water/Sewer rates) was introduced on first reading.
Mayor Barrella: explained this was a 3% across the board increase – brings water and sewer rates more in line – will sunset as of November 2010 – one-year deal to replace those monies moved from water/sewer to balance the municipal budget – invited public comment.
Dave Cavagnaro, Point Pleasant Beach: confirmed numbers – as long as you have a current surplus, you're raising rates to tax payers for no valid reason, except to create more surplus
Administrator/CFO Riehl: if you don't meet anticipated revenue, can run into deficit and then are no longer self-liquidating – potential for shortfall is worse than having a little excess surplus – ran deficit 2 years in a row and that’s when we saw a 25% increase, followed by a 7.5% increase.
Max Gagnon, Point Pleasant Beach: a large user should pay more than a small user
Patty McAndrew, Point Pleasant Beach: make it a fair increase across the board – original $8 or $9 seems fairer for everybody.
Kristin Hennessy, Point Pleasant Beach: asked about sunset provision of 2009-25 (2010) and 2009-07 (2012) – asked Council to consider the little guy who would end up shouldering an 8% increase vs. less than 1/2 of 1 percent increase for others – would like to see ordinance go no longer than one year, regardless of what Council decides – prefers 2009-25.
Motion by Councilman Mercun, seconded by Councilwoman Tooker and carried by the following roll call vote, Ordinance 2009-25 was defeated on first reading.
VOTE: Council Members Mercun, Tooker….YEA
Council Members Hennessy, Cervino, Dixon, Rizzo….NAY

Motion by Councilman Hennessy to override the Mayor's veto and confirm adoption of Ordinance 2009-07 (Amend Water/Sewer Stand-By Fees), was seconded by Councilman Cervino and carried by the following roll call vote:
V OTE: Council Members Mercun, Hennessy, Cervino, Dixon, Rizzo….YEA
Councilwoman Tooker….NAY

Ordinance 2009-26 (Amend Ordinance 2009-07 with sunset clause) was introduced on first reading.
Motion by Councilman Hennessy, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2009-26 was approved on first reading. The public hearing will be held on July 21, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo ….YEA

The meeting was adjourned at 9:48 P.M.


Published November25, 2009 | Council Minutes | 900


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