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August 18, 2009

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino, and Dixon present. Councilman Rizzo arrived at 6:44 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department head memos and correspondence were discussed with items moved to agenda for action; Councilman Mercun postponed discussion on code book changes due to length of the agenda; Frank Kinneavy, Frankie’s Bar & Grill, addressed Council on ABC license permit request to serve beer and some food in a portion of restaurant’s parking lot during the Seafood Festival – would hire extra security; John Jackson, Attorney for the Shrimp Box, and George Gyftakis, owner, addressed Council about extending hours of alcohol service on patio deck; in regards to Little League request for parking on town fields, Green Acres monies were used to purchase that property and that would preclude this activity there; request to oppose Offshore LNG Port Facilities in the NJ/NY Clean Ocean Zone was held – Environmental Commission having presentation on this topic; presentation by Financial Review Committee was held for next meeting due to length of agenda; discussed holding separate workshop/executive session meetings apart from regular meetings - decision to hold an additional meeting on September 1st.
Mayor Barrella informed all that Council would be going into executive session after the public participation portion of the meeting and action could be taken on matters discussed therein. The Mayor called for a ten-minute recess at 7:18 PM.

Mayor Barrella reconvened the meeting at 7:30 PM with Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo present. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Mayor Barrella announced that, due to recent events and the rabies outbreak, Council would be hearing presentation from Animal Control Officer (ACO) Jack Neary (“Muskrat Jack”), Dr. Moreau, from Beach Animal Hospital and Michelle Lerner, TNR (Trap, Neuter and Return) Project Specialist from the NJ Animal Rights Alliance.
Councilwoman Tooker: experiencing an unprecedented rabies outbreak in Point Pleasant Beach, Point Pleasant and Bay Head – extremely concerned about the 3 incidents of cat bites/scratches on children, who have had to undergo rabies treatments; commended Muskrat Jack for his work - first started with raccoons, in April, Jack put article in “Ocean Star” on April 3rd, with subsequent articles on May 1st, May 29th, June 27th, July 31st, August 7th and August 14th - numerous articles warning people to stay away from unleashed animals, any animal that’s potentially rabid - held an emergency rabies clinic, which was not well attended – Ocean County Board of Health, which provides services to the Borough, did a rabies radio blitz on all local stations for several weeks, trying to get the word out to locals and tourists who don’t read the local paper - Jack has been rounding up raccoons – the town’s TNR Program has been running for about a year – these volunteers have trapped and, through fund raising efforts, neutered, vaccinated and returned almost 200 feral cats to their colonies; no one will go up to a raccoon, but children will go up to cats - even if you don't go up to them, rabid animals will attack - feral cats run, hide and won't go near you – because they’re so skittish, it’s hard to trap them and get them to the vet – the TNR’d cat colonies are controlled and managed by caregivers - on the advice of our professionals, want to do a mass trapping – the problem is, not all our volunteers are vaccinated - so we have other volunteers from around the state to help - it'll be coordinated by Muskrat Jack - Dr. Moreau will open the clinic on the weekend and, and we'll get it done as fast as possible.
Michelle Lerner, Attorney and Policy Specialist for Project TNR of NJ Animal Rights Alliance: National Animal Control Agency supports TNR as the optimal way to control feral cats - understandable that people are concerned about rabies in feral cats - none of the TNR’d cats have gotten rabies – TNR is the cheapest, most effective and quickest way to protect cats from rabies – TNRing feral cats provides a buffer between rabid wildlife and humans – talked about herd immunity - no town has ever succeeded in ridding itself of feral cats through trap and kill – animal control officers cannot trap and kill enough cats to get ahead of the reproductive curve - cats can have litters of up to six kittens every 60 days and do not respect town boundaries - without vaccination, entire feral cat population is susceptible to rabies – additionally, you need the cooperation of private, individual cat feeder’s to have an effective control program – these individuals will cooperate with TNR, but not with a trap and kill program - the World Health Organization, which used to recommend eradication of free-roaming animals for public health reasons, changed its policy a few years ago, and it now recommends vaccinations for free-roaming animals because it's more effective and can be done more quickly - in New Jersey towns with strong TNR programs the free-roaming population has been reduced by 70 to 8O percent over the span of several years.
Upon questioning by Councilman Cervino, it was determined that 146 of approximately 225 feral cats have been TNRd in Point Pleasant Beach.
Councilman Mercun: rabies is an unusual occurrence among cats - need to get all of the feral cats, not 70% - need to ask Jack what he needs in way of equipment and manpower to get them all in and inoculated – let’s get the ‘Charge of the Light Brigade’ going and get this done quickly.
Dr. Rob Moreau, Beach Animal Hospital: Point Pleasant Beach is doing the right thing with TNR – multi-factorial problem – cats are not reservoir rabies hosts - reservoir host are bats, raccoons and foxes - need to do something about them - Jack is doing all he can with raccoons – all 40,000 oral doses of vaccine in New Jersey went to Cape May County - need some for Ocean County - need to step up enforcement of cat licensing, ensuring pet cats have rabies vaccines, because many pet cats go outside and mingle with the feral population – need to provide rabies vaccine clinic every year.
Councilman Mercun: asked if Dr. Moreau was advocating TNR with reservoir animals.
ACO Jack Neary: State Division of Fish, Game and Wildlife has very, very strict standards on that - when it comes to a rabies situation, they consider it part of a natural cycle, which it is - we've been through this before - what they recommend is public awareness, education and to handle each situation as it comes - species depredation is just not the answer - it creates too many other problems - there's a totally different dynamic between people and wildlife and people and cats – if a person sees a raccoon staggering down the street, 99 out of 100 times they're going to say, let me get out of here and get into the house – but a person sees a poor old sick kitten staggering down the street, their fist instinct is to pick it up and try to help it - my concern is huge influx of tourists every weekend and large established Boardwalk population of feral cats – education is primary – biologically, it just has to run its course - like a biological hurricane – it comes in and twirls around, beating us up for a couple of weeks to a couple of months, and then resolves itself – during the flood in 1992, there was a natural kill of the feral cat population on the east side of town – the water rose so fast they couldn’t escape – the next spring, there were a lot a problems with rats around Inlet Drive and along the Boardwalk – cats perform that service, that’s why they keep them on farms – the oral vaccine for raccoons is dropped from helicopters and looks like a small marshmallow – according to a State epidemiologist, a rabies epidemic will naturally kill off 95% of your raccoon population – haven’t seen any cross species contamination except between the raccoons and cats.
Councilman Dixon: asked how many cat colonies in town (25) and if the Animal Welfare Committee (AWC) knew about the rabies problem before Muskrat Jack suggested that fostering be suspended.
Mr. Neary: had the first cat show up positive for rabies in a colony at the end of Parkway – tracked and trapped its litter of kittens – one came back positive and that was when I put a kibosh on fostering kittens.
Kristin Hennessy, AWC Co-chairman: first knowledge AWC had of rabies in cat population was what Jack just referred to at Parkway and St. Louis – his recommendation to Board of Health Secretary Mills was to stop trapping and fostering – there was an incident that a former AWC member took issue with – a resident mistakenly called myself and Councilwoman Tooker about a litter of kittens in her backyard – when the TNR members got to that home on Carter Avenue the resident had already removed the kittens to her tub – the TNR trapper removed them to a TNR caregiver’s property until Muskrat Jack picked them up the next day – they were taken to a shelter and destroyed – however, they did not test positive for rabies.
Councilwoman Tooker: added the Ms. Hennessy apprized her that Muskrat Jack had just picked up a cat that tested positive for rabies on about July 25th.
Administrator Riehl: notified by Muskrat Jack on July 23rd and by Councilwoman Tooker on July 25th that program had been suspended.
Councilwoman Tooker: public was notified in the next available edition of the “Ocean Star” on July 31st.
ACO Neary: first confirmed rabid raccoon was in April – obligated, by law, to alert the public about rabies in the area – contacted Chief DePolo and it was in the “Ocean Star” on the following Friday.
Pamela Rickman, River Ave: don't know exact date, but it was the day after my daughter notified Ms. Mills about a raccoon at Little Silver Lake - to my recollection it was over a month ago - I was disappointed in how it was handled and withdrew from Committee – have no confidence in their capacity to generate harmony between animals and people. Upon questioning that this was a raccoon incident, Ms. Rickman related that she had met Jack in the Lake parking lot and he had asked her to notify Committee members that rabies had been found in a cat and to be extra careful.
Councilman Mercun: important to come up with a plan – can’t wait for it to run its cycle, need to decide what to do now – have a major holiday coming up in two weeks and then the beginning of school.
Mayor Barrella: suggested reaching out to motel owners so they can notify their patrons.
John Fernicola, Amethyst Beach Motel owner: three-year old guest was stalked and attacked by cat.
Jack Neary: unfortunately, that’s the nature of rabies and why it’s a major concern.
Mr. Fernicola asked about relocating some of the colonies and Ms. Lerner explained why relocation is not a viable option.
Dave Cavagnaro, Parkway: counterproductive to be blaming at this point - need to come together as a community to solve the issue - asked that residents be informed, either through newspaper or flier, of where the cat colonies are located (some signage already up).
Attorney Gertner: been in contact with Ocean County Board of Health – have not dedicated resources to round-up of cats, but have dedicated resources to education – been in contact with Boardwalk businesses who are educating their employees.
Councilman Hennessy: suggested holding an educational forum at Antrim School for both parents and kids - Mr. Neary volunteered to do a workshop for the kids.
Tymara Gates, River Vista Lane: Ocean County web-site lists July 14th as date of first rabid cat – daughter was the first child to be attacked on July 10th – concerned that there are 25 colonies – asked if Point Pleasant Beach is going to follow guidelines posted by the American Veterinary Medical Association for managing colonies, because we are not at this time - should not be by natural preserves and there is one by the bird sanctuary – states that managed colonies should be an interim solution to the problem and reducing them by attrition – that managed colonies should be established and artificial or natural restrictive barriers should be employed to protect the feral cats and native wildlife – knew there was a colony in area and new there was a problem with raccoon population, but wasn’t aware that there was a problem with cats – daughter didn’t go up to animal, it came up behind her, latched onto her and mauled her until it was pulled off and then it came back at her.
Councilman Dixon: agree that people in the area of cat colonies need to be notified that the colonies are there.
Councilwoman Tooker: explained the colonies were in those locations before the advent of TNR – if a nuisance complaint was filed, Muskrat Jack was sent out to trap the cat – done on a case by case basis – Ms. Mills had a list of complaints - since TNR program was incepted, nuisance complaints have basically gone to zero – currently have a rabies outbreak that’s unprecedented.
ACO Neary: problem is that there are cat colonies that are still unmanaged and fed by underground people - main concern is the sheer number of cats in town.
Councilman Mercun: need to start issuing summonses to those who are feeding cats and are not part of the TNR program.
Mr. Lemma, St. Louis Ave: tourists feed them by leaving garbage in the streets - in Australia, they got rid of foxes and had an explosion in the rabbit population - getting rid of all the cats will cause a problem with rats - has to be a balance.
Councilman Dixon: Mrs. Gates brought up a good point and Mr. Neary kind of confirmed it – we have too many cats – don’t have a problem with TNR, but need to weed out some cats through euthanasia.
Gail Baldassarre, Randall Avenue: garbage needs to be put in closed containers - Ocean and Randall Avenues look like a garbage dump - cats, rats, raccoons and possums tear apart garbage bags – suggested businesses use a large container for their trash instead of multiple cans - spaying and neutering these animals will automatically cut down on population - inefficiency of people is causing this problem – dumping their animals and not taking care of them - killing them is not the answer.
Patty Ascolese, Chicago Ave: rabies happening all over New Jersey, not just here – AWC fundraising got TNR program started - euthanasia doesn’t work and it’s inhumane – asked why town has not donated anything to TNR program - money should be given to AWC to step up the program - should have stepped up trapping instead of stopping it – horrible that this happened to these children - not everyone goes to Ocean County Board of Health website – town should have been warned sooner in the “Ocean Star.”
Councilman Mercun: spoke regarding funding - great that the members of the AWC want to help because they have specific training and we need people who are inoculated - public health problem and will ask Administrator to find the money to carry out what the experts, Mr. Neary and Dr. Moreau, advise us to do – have to notify the County and State that we have a crisis here.
Mayor Barrella: asked Councilman Rizzo to take reins, as he is liaison to AWC, and meet with Mr. Neary and Dr. Moreau to see what’s going to be needed (Councilman Mercun and Mayor Barrella will sit in and try to find funding).
Councilwoman Tooker: saved thousands in euthanasia fees this year, because of TNR.
Anthony Lombardo, Arnold Ave: asked if anyone gave out summons – complained about the mounds of garbage on the street near his house.
Lee Crew, Niblick St: gave figures on cost estimate of trapping and housing cats – talking about money - how much it is going to cost and gave figure of about $20,000.
Patty Ascolese, Chicago Ave: asked how much it cost town to trap and euthanize before advent of TNR and why town couldn’t use that money for TNR – raccoon problem is because of the garbage that’s all over.
Pam Rickman, River Ave: complained that no one challenged the fact that the AWC disobeyed an injunction from the health department in handling cats when it did.
Councilman Mercun: two issues – most immediate one to address is the rabies – second one needs to be looked into because allegations have been made – that’s separate and apart.
Mayor Barrella: established that the AWC met on July 8th and August 11th - asked Councilman Rizzo if he was there; Finance Committee needs cost estimates – then, need a timetable on how fast we can move - and need to know who at state level to get vaccine from for these raccoons – not acceptable that Cape May got it all – confident that Council Members Rizzo, Mercun and Tooker can work together and get this done
Gail Baldassarre, Randall Avenue: asked who is going to communicate to the public and what affect vaccine dropping would have on other animals.

Ordinance 2009-22 (ABC License Proximity Amendment) was considered on second reading. Mayor Barrella opened hearing to the public.
Diana Anderson, Attorney representing resident who owns liquor store in town: objected to ordinance introduction based on police report – police had several legitimate concerns with amending ordinance – asked Council to follow police recommendation – can’t imagine how proposed change came to Council’s attention, other than by request of a single property owner who will benefit by having another property he owns occupied by a liquor store – in a sense, that’s a special interest piece of legislation that will benefit one property owner and could potentially injure other property owners and be a public safety concern for the town - consumption licenses have the ability to sell package goods with certain restrictions – you can’t use an exterior wall, but are allowed to sell package goods – by amending ordinance to allow placement of another liquor store, could have three places selling package goods within about a hundred-foot radius – spoke about Middletown case, where ABC did not object to 2,000 feet proximity clause – reminded Council that ABC did not object to proximity ordinance, in A & P case, but to the fact that it was passed after the A&P application was filed, in an effort to eliminate competition for a Mom and Pop license holder – can’t do that, but can limit/prevent a concentration of all licenses, especially when your police department is advising that adding another license in that highly congested area would present a public safety concern – asked that Council leave the current proximity ordinance in place.
Jason Mandia, Attorney for Europa South and Wine King: addressed Ms. Anderson's comments – agree with supporting police department, but their report does not say how the ordinance amendment is going to affect the safety and welfare of the community as it relates to the sale of alcohol – nothing that says there’s an issue in town when a license is next to another license – talking about keeping 500-foot ordinance in effect but limiting it to classifications of licenses – liquor store can’t be within 500 feet of another liquor store and a consumption license can’t be within 500 feet of another consumption license – total of 21 liquor licenses in town: 14 consumption, four ‘Broad C’ and 3 distribution – have about a one square mile radius in town for business – so when you look at those 3 distribution licenses, you’re eliminating possibilities of transferability by this ordinance – by making it over 500 feet from any other license, Council is devaluing client’s license - have to consider why proximity restrictions are put into place, to limit red-light districts and to limit issuance of new licenses – Point Pleasant Beach doesn’t have any of these issues – ordinance change still prevents a mass accumulation of bars in same area.
Dave Cavagnaro, Parkway: asked Council to oppose ordinance amendment - 21 liquor licenses in a one square mile town – Parkway used to be called ‘Gateway to Beach’, now it’s ‘Gateway to the Bars’ – intoxicated people staggering past his home at night - picking up beer cans and bottles the next morning – refuse is not coming out of the bars, but from package good stores – don’t need to increase density and further compromise residents’ qualify of life.
Joe Lemma, St. Louis Afe: have 21 liquor licenses – many patios extending off properties to sell more booze – town becoming like Vegas or a zoo - don't need any more liquor licenses, patios or liquor stores.
Paschal Drew, Forman Ave: 500 feet between liquor licenses has served well for many years - don't see any compelling reason to change it.
Bob Weiner, Point Pleasant Hardware: heard complaints about congestion and health safety, and welfare - people don't come out of a package goods store drunk – any business will require parking - have 3 licenses in close proximity now and have never heard quality of life complaints directed at those businesses.
Attorney Anderson: asked for clarification on how Council came to consider this amendment.
Attorney Mandia: not adding any new licenses or liquor stores with this ordinance – disagree that current ordinance has served town well – serious problem with this ordinance, the size of the town and the number of liquor licenses out there.
Anthony Lombardo, Arnold Ave: asked if a liquor store was worse than ‘Curves’ in that location - both operate the same way – park, go in, do their thing and go out.
Motion by Councilman Mercun, to close the public hearing, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Councilman Mercun: in 1983, this town enacted an ordinance under its police powers to regulate the issue of liquor licenses in town - it was overturned by a reviewing court - in 1996, an amendment was fashioned - in fact, Miss Anderson was involved in advising the Council whether it should be done on a case-by-case basis or a 500-foot basis - the ABC found that 500 feet between licenses is not unreasonable - looked at the proposed ordinance 2009-22, and it says clearly that 'pursuant to NJSA 33:1-3.1, one the of goals of the Alcoholic Beverage Law is to recognize and encourage the beneficial aspects of competition." - our ordinance has not done anything to diminish competition in this town - clearly we've been dancing around site specific - first we have to deal with whether or not it's proper to amend the ordinance to permit that the 500-foot requirement should be between types of licenses, not the issuance of a license - then we'll deal with site specific - have not been presented with any compelling reason why Council should override the public, health, safety and welfare interests that were in existence in 1996 and those that have been voiced by the Chief of Police.
Councilman Hennessy: agreed with Councilman Mercun, as well as with Messrs Cavagnaro, Lemma and Drew – Council put an ordinance in place and it seems to have worked out pretty well – have enough bars and liquor stores to go around for one square mile - read Lt. Dikun's report which, as always, was thorough, detailed and well researched – his recommendation was not to change the ordinance.
Councilwoman Tooker: something I’ve struggled with - need to trust our police – need to trust our professionals and public’s input, too – haven’t heard too many residents in favor.
Councilman Cervino: thanked business owners, Lt. Dikun, Attorneys, public and other Council Members for their remarks – supposed to ignore where they want to put the store, but would be a quality business and enhance the business district’s foot traffic – don’t see any problems with parking, with respect to health and safety, or with the direction, image or vision this town wants to take going forward.
Councilman Dixon: everyone is talking about competition - town is only a mile square - if I could get a better deal on a bottle of wine or whatever a half mile away, I would go the half mile - it isn't like it's a 20 square mile town, where the competition needs to be close together – downtown district does need more pedestrian traffic, the businesses are hurting - but there are plenty of open shops downtown that could house a Wine King or any other type of business - don't think that it's necessary to change an ordinance for one company to come in and move close to another business.
Councilman Rizzo: agreed with Councilman Cervino.
Motion by Councilman Cervino, seconded by Councilman Mercun, to adopt Ordinance 2009-22 on second reading was defeated by the following roll call vote.
VOTE: Council Members Cervino, Rizzo….YEA
Council Members Mercun, Hennessy, Tooker, Dixon….NAY

Meeting was recessed at 9:48 PM and reconvened at 10:00 PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo present.

Ordinance 2009-27 (Handicap Parking) was considered on second reading. Public hearing was opened, held and closed 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, Ordinance 2009-27 was adopted on second reading.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-28 (15 Minute Parking on Broadway) was considered on second reading. Mayor Barrella opened the hearing to the public.
Joel Wolber, Parkway: asked about recouping fees for writing ordinance as it is specific to parking for one business (no fees to recoup as Clerk wrote ordinance).
Motion by Councilman Mercun, to close public hearing, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Councilman Cervino: ice cart, run by this business, has created problems with potential safety issues and adherence to existing legislation.
Chief DePolo: cart is supposed to be mobile, but it remains stationery
Attorney Gertner: questioned if there was a relation to this ordinance.
Councilman Mercun: the question becomes, as Mr. Wolber so pointedly put it, that this ordinance is specifically affecting one business in town - consideration was given to this business, when they spoke, in an effort to be a good neighbor and to promote good relationships with our businesses - troubled to find out that apparently Ralph's has abused certain ordinances - not only did they refuse to move their cart on Arnold and Ocean, but when asked by police, a certain individual who was operating the cart, gave false information – there is an issue as to who told this operator of the cart to pass that information - realize that these are separate and apart, but wasn't crazy about giving these two 15-minute parking spots to Ralph's, because it's taking away two parking spots - you're not a good neighbor if you flaunt the laws of this municipality – since representative of Ralph’s had to leave the meeting, suggested tabling vote on ordinance to give them the opportunity to assuage concerns that they are taking advantage of their relationship with the town.
Councilman Cervino: would like to vote on it tonight and would like to see the cart get a summons if it’s not operating properly.
Motion by Councilman Mercun, to carry vote on Ordinance, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Mercun, Tooker, Dixon and Mayor Barrella….YEA
Council Members Hennessy, Cervino, Rizzo….NAY

Ordinance 2009-29 (Parking on west side of Beacon Lane) was considered on second reading. Mayor Barrella opened the hearing to the public.
William McLaughlin, Beacon Lane: having parking spaces on both sides of the street is a traffic hazard – on Saturday, grandson’s friend was coming out of driveway with bike and board and was hit by car, knocked off his bike and his board was broken - couldn’t see car and car couldn’t see him – on any weekend there are bike riders, walker, runners and mothers pushing carriages in the middle of Beacon Lane.
Dr. Anthony Del Gaizo, Beacon Lane: safety is the issue – whole ordinance is being done for four parking spaces - one is not an issue because it’s at southern end where it's wider and has no impaired visibility - heavily traversed street – seen two cars stop short due to impaired visibility –beachgoers not using spaces - one parked there Friday and didn't leave until Monday.
Mr. Colavita, Beacon Lane: lot of metered spaces on Ocean Avenue that are never used – if you look to see how many quarters are collected there, you’ll probably see that it doesn’t even cover the maintenance of those meters – too dangerous to cross Ocean Avenue, because people drive quickly around the south end of that street from the intersection with Ocean – motorists also come barreling onto Beacon Lane from Michelle Lane – with new parking, there is limited visibility - freeing up parking spaces that currently exist would be better.
Max Gagnon, Parkway: fire truck could not possibly get through that street when there are cars parked there.
Administrator Riehl: according to fire department, it’s not a problem – last year, the Governing Body authorized Borough Engineer to survey for parking there specifically for beachgoers – came up with 5 spaces, but Public Works felt four was more appropriate – engineer did certify minimum width of 30-feet with parking on both sides of the street.
Councilman Mercun: when fire department responded, specifically noted that 400 block of Trenton, which is a dead end street near the tennis courts and allows parking on both sides of the street, is the worst block in the entire town – received a letter from Bayhead Point Homeowners Association alleging that the opinions of fire and police departments were not solicited, but they were – purpose of adding these spots was to give access to the beach - public safety issues were raised by interested parties from that street – as Councilman, have to have an objective analysis and that’s what will guide me .
Margie Kupfer, Ocean Ave: walk there daily - heavily trafficked - a lot of non-locals - a lot of blind spots - hate to see something happen for 3 parking spaces.
James Casserly, Beacon Lane: people go right through the stop sign at Michelle Lane – motorists are looking at the big houses, not where they are going – only one car can get through and traffic will be backed up – didn’t object to the parking spaces put in by the cul-de-sac, as it was not a safety issue - objecting to these spots due to safety issue.
Janice Casserly, Beacon Lane: Homeowners Association officer and writer of letter – put letter together with memory from 12 years ago – was told then that parking was only put on one side of the street due to safety reasons – polled neighbors and no one was consulted before spaces were put in – went down this road 12 years ago and thought this issue was dead – people parking in those spaces are not beachgoers – they are coming at night and staking a spot for the weekend - changes landscape of the entire street - heavily trafficked and someone will get hurt.
Anne Facciponte, Beacon Lane: spoke to head of public works who said parking spaces were put in by directive from Council - spoke to volunteer at fire department and someone from police department, who said he would have the Chief come down Saturday morning to look at it.
Suzanne Fraser, Ocean Avenue: take my life into my own hands crossing Ocean Avenue - don't let my children cross at the crosswalk on Beacon Lane because cars don’t pay attention – they’re too busy looking at the houses – implored Council not to pass.
Anthony Lombardo, Arnold Ave: 9 years ago, they had signs posted there that said “No Exit” - at that time, was told that, until they got their bonds back those signs would stay - people who are not crossing in crosswalks are putting themselves in danger – asked Council to help them out and putting meters.
Albert Garlatti, Ocean Ave: there are plenty of metered parking spaces on Ocean Avenue - get rid of the meters and people will park there.
Mary Del Gaizo, Beacon Lane: sat on porch and saw a group of 20-year-olds riding their bikes in the middle of the street - they ride skateboards and push carriages, all in the middle of the street.
Motion by Councilman Mercun, to close public hearing, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Councilwoman Tooker: every street in Districts 3 and 4 is bad - Beacon Lane is actually wider than most of them - parking spaces are not going to make a difference – people should be walking on the sidewalks and crossing at crosswalks - entire town is heavily trafficked during the summer.
Councilman Dixon: took my Lincoln Navigator down Beacon Lane numerous times to check situation - if cars parked on both sides of the street, can get through with only two feet to spare on each side - don't see how we can change a two way street with no problems and turn it into a street where you have to play “stop and go” to go through 100 feet of it - live on Niblick Street and that's why it goes to one way in the summer, so cars don’t have to play that game.
Councilman Mercun: drove the street in my little Honda Accord – was not enough room for another car to pass with my little car - one would have to yield.
Motion by Councilwoman Tooker, to adopt Ordinance 2009-29, was seconded by Councilman Cervino and defeated by the following roll call vote:
VOTE: Councilwoman Tooker….YEA
Council Members Mercun, Hennessy, Cervino, Dixon, Rizzo….NAY

Ordinance 2009-31 (Towing Regulations) was introduced on first reading. Motion by Councilwoman Tooker, seconded by Councilman Dixon, and carried by the following roll call vote, Ordinance 2009-31 was approved on first reading. Public Hearing will be held on September 15, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-32 (TWU/Non-Union Personnel Salaries) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-32 was approved on first reading. Public Hearing will be held on September 15, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-33 (Bond/Sanitary Sewer Evaluation Phase II) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilman Hennessy, and carried by the following roll call vote, Ordinance 2009-33 was approved on first reading. Public Hearing will be held on September 15, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Attorney Gertner asked that consent resolution 1/item ‘n’ be held; Councilman Cervino asked for clarification on item 1/’e’ (effectuate new requirements for site remediation); Mayor Barrella asked for status of Sea Coast property (In Rem foreclosure on agenda); Councilman Cervino: asked about other foreclosure (for other municipal lien on Trenton Avenue); Mayor Barrella asked about payments to Metric and whether running up against any bid thresholds; Clerk Ellsworth corrected amount on 2/’i’ to $90,613.13 and added items to Consent Resolution 3; Ben Dispoto questioned payment to Point Pleasant in item 2/’o’; Vince Castin had questions about vault door in item 2/’j’ and about payment to Lasting Line.
Motion by Councilman Cervino, seconded by Councilman Hennessy, and carried by the following roll call vote, to close public hearing and approve resolutions covering items listed below:
CONSENT RESOLUTION 1:
a) Support volunteer Fire Instructors and county-wide fire training
b) Support restructure of tax and franchise fees imposed on telecommunications and cable service providers
c) Reimbursement to Police Officer for college tuition ($3002.18)
d) Payment to Ocean County Landfill for tipping fees ($25,000)
e) Authorization for Birdsall to proceed with public notification activities for former Sea Coast Oil site ($3500)
f) Approval of Payroll #16 ($269,863.68)
g) Payment to Horizon BCBS ($108,550.03)
h) Payment to CMX from Board of Adjustment escrow accts ($1244.55)
i) Payment to Brick Utilities for bulk water usage for July ($137,049.51)
j) Payment to SPS VAR, LLC for police operating system upgrade ($5816)
k) Approve In Rem Foreclosure on property designated as Lots 1 & 2 in Block 105
l) Approve In Rem Foreclosure on property designated as Lot 2 in Block 76
m) Appointment of Paul Granick (Citta, Holfzapfel & Zabarsky) as Alternate Municipal Prosecutor
n) HELD (Authorization for Mayor to execute agreement with County of Ocean for Recycling Center Use and Revenue Sharing)
o) Payment of annual contribution to PPB Historical Society ($750)
p) Payment of annual contribution to PPB First Aid/Emergency Squad ($38,500)
q) Payment of annual contribution to PPB Fire Co #2 ($14,000)
r) Payment of annual contribution to Ocean Fire Co #1 ($14,000)
s) Payment to Metric Group for repair and tickets for parking machines ($4743.03)
t) Payment of 3rd Quarter installment to OCUA ($298,560)
u) Payment to VALIC/AIG for 2008 LOSAP awards ($42,000)
v) Return unexpended Board of Adjustment escrow fees ($168)
w) Payment to Schulman, Wiegmann from Board of Adjustment escrow acct ($475)
x) Release of road opening bond ($1,000)
y) Payment to Maxor for employee Rx benefits ($25,776.04)
z) Payment to Postmaster for bulk mailing of tax bills ($1321.22)
aa) Payments to CMX from developer escrow accounts ($827.75)
CONSENT RESOLUTION 2:
a) Acknowledge BAN Sale Report dated 08/14/09
b) Authorization to hire replacement mechanic
c) Approval of Payroll #17 ($289,124.58)
d) Authorization to issue RFP for online credit card payments
e) Authorization to advertise bids for lease of Maryland Ave Beach operation
f) 3rd quarter payment to United Computer for computer support services ($2700)
g) Award contract to Mark Woszczak for drainage improvements to Delaware ($8800)
h) Water/Sewer bill adjustments (5 accts)
i) Award contract to Earle Asphalt/CDBG & NPP curb improvements ($90,613.13)
j) Payment to Metric Group for vault door repair (<$5,000)
k) Payment to En-Tech Corp for sewer main lining at RR crossing on New Jersey Ave ($15,700.00)
l) Payment to Lasting Line Painting for line and curb painting ($8432)
m) Appointment of Special Officers Class II (11)
n) Payment to Allstate Power Vac for Phase I sanitary sewer evaluation ($49,941)
o) Payment to Pt Pleasant for Rosewood, Briarcliff road improvements ($134,889.61)
p) Payment to SPS VAR for police maintenance contracts ($2780)
q) Payments to Metric Group for equipment for meter machines ($12,134.03)
r) Payment to Pedroni Fuel Co for gasoline and diesel fuel ($24,611.69)
s) Payments of computer generated vouchers ($24,611.69)
CONSENT RESOLUTION 3:
a) Payment to Continental Fire & Safety for fire dept. turnout gear ($34,504)
b) Scheduled payment to PPB Board of Education ($805,442)
c) P O to Metric Group for parking meter machine repairs (<$5,000)
d) Payment of 3rd Quarter Tax allocation to Ocean County ($1,907,294.85)
e) Refund overpayment of taxes ($5586.09)
f) Refund tax appeal credits ($13,279.44)
g) Award contract for emergency sewer repair to D&D Utility ($62,308)
h) Salary adjustment for recreation personnel
i) Grant add’l date for Disabled Veterans Special Event App due to rain cancellation
j) Payment of computer generated vouchers ($2,774,591.52)
k) Release dewatering bond ($100)
l) Payment to Galvin Law Firm from Board of Adjustment accts ($870)
m) Approval of Squan Taxi application for taxi business license
n) HELD for Separate Consideration (Approval of Frankies’s permit to extend ABC license to parking lot during Seafood Festival)
o) HELD for Separate Consideration (Approve expansion of Shrimp Box patio bar hours of operation)
p) Approve Jenkinsons request to store rides in trailers on their property
q) Approval of Ocean Fire Company #1 request to charge fees for parking in municipal lots during Seafood Festival
r) Establish Council meeting on September 1, 2009 at 6:30 pm
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Approval of Frankies’s permit to extend ABC license to parking lot during Seafood Festival was considered.
Maryjane Reilly, Beachcomber Lane: should give serious consideration to allowing this, as Council allows Elks to sell beer and Chamber to sell wine that day.
David Cavagnaro, Parkway: agree Frankie's runs an excellent establishment, but shouldn't encourage more drinking, especially in public – quality of life of the residents should come first, not the expansions of businesses.
John Hurler, Niblick St., and Vince Castin, Trenton Ave: spoke in favor of Frankie's permit application.
Ben Dispoto: asked about the size of the outside area and if there was an occupancy limit.
Attorney Gertner: if Council decides to approve this, they should clearly articulate the number of tables they're going to permit, the number of safety officers that they expect and when the fencing will go up so that the police department can have the opportunity to inspect it prior to the Seafood Festival for safety purposes, so they understand the ingress and egress, and so they know where the safety officers will be stationed.
Councilman Mercun: this is a business that can loose its license if there are ABC violations – no one will be allowed to take alcohol, in any form, outside of the building - only people drinking outside will be those who purchased beer outside - tables which will promote eating – caveat that safety and number of security people (minimum of 2) must be worked out with the Chief and that the area will revert back to parking at end of Festival.
Motion by Councilman Mercun, to approve Frankie’s permit to extend ABC license to parking lot during Seafood Festival with caveats listed above, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Approval of expansion of Shrimp Box patio bar hours of operation was considered.
Dave Cavagnaro, Parkway: a wonderfully run family business – remember Wharfside personnel commented that they never thought their patio bar would be that popular - appreciate that all these businesses want to expand and increase their profits, but every time they do, it's impacting the responsibilities of the police - it's spreading them out thinner and thinner – asked Council to draw the line somewhere.
Vince Castin, Trenton Ave: spoke in opposition – original 2006 resolution allowed alcoholic beverages served on the outside patio, with table service only and no alcoholic beverages sold directly to patrons at any service bar – second resolution in 2009 allowed service at outside bar from 12noon to 10pm - the next thing will be a guitar player than a trio - think the original application was used to promote the second.
Ben Dispoto, Parkway: clearly a bait and switch - months ago approved for one thing, then they want to do something else – enough is enough - too much alcohol going around the town.
Anthony Lombardo, Arnold Ave: against expansion – police department at risk with all this alcohol consumption.
Joe Lemma, St. Louis Ave: in New York City, they charge for sidewalk cafes – charged business $2,000 to put two tables outside on Cornelius Street – businesses should have to pay for tables and chairs on our sidewalks because they are a liability – on Saturday or Sunday, night see 20 - 30 people strewn all over the sidewalk by Spike’s.
Geeorge Gyftakis, Shrimp Box: we always intended to have a bar out there - not a big bar, approved for 14 seats with 13 out there now – father and I have a very close handle on the family business – one of us is always there - always several family members on premise - as far as this turning into something like the patio bar - not going to happen – never going to be a band out there, don’t want that kind of crowd - just difficult, when you have a table sit down at 10:00 pm to serve them food, and tell them it's going to be ten minutes to get a cocktail because waiter has to run a football field to get something inside and bring it out.
Councilwoman Tooker: Wharfside Patio Bar can accommodate 400 and have room to expand – Shrimp Box has a limit of 84 on patio with no room for expansion – there’s no entertainment – they’re serving the drinks anyway, just have to run in to get them.
Motion by Councilman Mercun, to close public participation, was seconded by Councilman Hennessy, and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Councilman Mercun: can serve alcohol by waitresses after 10pm anyway – if they commit a violation, can rescind it.
Councilman Cervino: Farrell's had to stop service outside at 10pm - should be consistent.
Councilman Dixon: this Council overlooked wishes of another council earlier this year – did Shrimp Box a big favor by approving service bar – intent was to see how everything goes - if they come back next year, might be a different story.
Motion by Councilwoman Tooker, to extend hours of operation on outside patio died, due to lack of second.
Motion by Councilman Cervino, to deny Shrimp Box request to extend hours of alcohol service from service bar on outside patio deck, was seconded by Councilman Mercun and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Cervino, Dixon, Rizzo….YEA
Councilwoman Tooker….NAY

COMMITTEE REPORTS

Councilman Mercun: No Report

Councilman Hennessy: thanked Ruth Cestaro and her staff for running a great summer recreation program; spaghetti dinner last night was a success for football team; Garbage Ordinance Committee (Council Members Cervino, Mercun and Hennessy) has been meeting every week and making great strides; Animal House Ordinance Committee had a preliminary meeting – strongly support reinstating task force – quality of life will be a lot better after that’s accomplished; Court revenue is up $88,000 from last year through August 15th, and meter revenue is up $9,000 to $9,500 through July 31st – parking revenue is $1,158,000 – although acknowledging police were short staffed, asked that they keep up the good work.

Councilwoman Tooker: tomorrow night, Environmental Commission is having a presentation on tidal energy – Bay Head is having presentation on liquid natural gas on Thursday night; overflowing garbage cans at Risden’s have recycling mixed in with regular garbage; gave kudos to the police department.

Councilman Cervino: sea wall repairs have been attended to; asked Attorney Gertner about contacting DCA for clarification on an issue (they are working on a written opinion); Beautification asked Code Officer to check on newspaper boxes - thanked Mr. Bassinder and the Storinos for their donations to the Beautification Committee – Mr. Bassinder has also offered Martells for a fundraiser and has offered to cater that event.

Councilman Dixon: compared police stats between 2008 and 2009 – July motor vehicle stops were 922, up 212 from 2008 – issued 5,220 parking tickets, up 894 from last year – 547 adult arrests during July, up 154 from 2008 – juvenile arrests down 5 compared to last year - thanked police for doing a great job.

Councilman Rizzo: spoke on behalf of people on Carter Avenue that are having problems with development behind their houses - property was being flooded out and owners were told that they could raise their houses - outlandish that new construction can build up so high and fill with improprieties - attempted to contact town hall here and didn't get far – called Attorney General – building department and code enforcement finally sent people to check it out – asphalt and other debris dumped on lot has been plowed over - understand that permits weren't in order - height of property going up by Dunes Motel is unbelievable, way over the foundation of the area and homes on Carter Avenue; complained that he hadn’t received things he had requested - asked for engineer who shot heights of buildings on Elizabeth and Maryland Avenues - letter from architect was accepted as proof.
Mayor Barrella: asked Councilman Cervino, as Chairman of Building Department Committee, to work with Councilman Rizzo and Building Department to get matter squared away – clarified that there was no permit because it was a Planning Board directive in terms of bringing in the fill to raise property level.
Administrator Riehl: spoke to Carter Avenue property owner and provided copies of 2004 and 2006 Planning Board resolutions – also gave copies of resolutions and site plan to Councilman Rizzo – followed up with Building Department and Construction Official made a site visit.
Councilman Rizzo: asked for follow up on weeds and debris – Construction Official did not see debris on his site visit, as it had been plowed over – neighbor has pictures of what was dumped.
Administrator Riehl: spoke with Mrs. Sarzillo who indicated that asphalt was dumped there several years ago.

Councilman Dixon exited meeting at 11:59, as he had to report for work in a few hours.

Mayor Barrella: spoke about parking rates and letters received, from families with kids, about spending money at Boardwalk or shopping, only to receive a parking ticket – price we pay for dependence on court and parking revenue is the risk of alienating people.

PUBLIC PARTICIPATION PERIOD OPENED AT 12:05 A.M.

Virginia Sampson, Carter Ave: spoke about asphalt buried on Ocean Venture site and overgrown condition, contaminated water flowing into lakes and onto beaches, missing Flood Plain Management Ordinances, development increasing flood damage and barriers diverting flood waters and raccoons in trees at site - site plan states that contractor is responsible for maintenance of site.
Anthony Lombardo, Arnold Ave: gave history on why Ocean Ventures site was built up.
Joel Wolber, Parkway: spoke about Animal Houses and need for Council to aggressively address the problem.
James Wolfersberger, Chicago Ave: spoke about the need for young people to wear bike helmets.
Vince Castin, Trenton Ave: spoke in support of NPP Coordinator and against possible termination of position.
John Hurler, Niblick St: as member of NPP Committee, lauded NPP Coordinator for her work in improving Broadway corridor – spoke about her allegations of double dipping by engineer – asked Council to look at program results.
Ben Dispoto, Parkway: should encourage employees who question things – may lead to better management.
Ken Deiner, owner of Fresca's Restaurant on Ocean Ave: recipient of NPP grant – spoke in support of NPP Coordinator and maintaining that position.
Kristin Hennessy, New Jersey Ave: spoke in support of NPP Coordinator Cadalzo and the need to extend the position instead of terminating same.

PUBLIC PARTICIPATION PERIOD ENDED AT 12:36 A.M.

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

Closed session started at 12:38 A.M. and ended at 1:57 A.M.

Motion by Councilman Mercun, to come out of closed session, was seconded by Councilman Cervino and unanimously carried.
The meeting was adjourned at 1:58 A.M.


Published December16, 2009 | Council Minutes | 916


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