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September 15, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31PM 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.

Department head memos and correspondence were discussed, with items moved to agenda for action; Councilman Mercun: reviewed State statute on Parking Authority appointments – Borough Code needs to be changed to mirror State statute, in regards to the distinct and separate powers of the Mayor and the Council – draft Ordinance will be ready for next Council meeting; Council discussed draft Omnibus Development Ordinance – Borough Attorney’s office will coordinate any Council questions or suggestions for changes for review with the Borough Engineer and Code Office; Max Gagnon, (AD HOC) Financial Review Committee member: addressed Council regarding alternate revenue sources through utilization of a portion of Gull Island for paid parking, with the possibility of windmills on another portion of the island to produce electricity to power shuttle buses – suggested relocation of train station to that site with movement of police station to the center of town, where train station is currently situated – Borough Engineer was authorized to review plan with entire Financial Review Committee; Council members objected to some of the language in the proffered Clean Ocean Action resolution opposing Offshore LNG Port Facilities in the NJ/NY Clean Ocean Zone – Councilman Mercun will change wording for consideration at next meeting; Clerk Ellsworth presented request from American Heart Association and Council authorized drafting amendment to Special Event Ordinance, fining approved applicants that do not advertise their walk/run/parade routes in the local newspaper; authorization was given to report, in writing, status of Ocean Ventures project including status of investigation on any violations found there.

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

Closed Session started at 7:50 P.M. and ended at 8:29 P.M.

Mayor Barrella called the regular meeting to order at 8:41 P.M. Present were Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Cervino, to adopt Ordinance 2009-28 (15 Minute Parking on Broadway), was seconded by Councilwoman Tooker and defeated by the following roll call vote. (NOTE: Public hearing was held August 18, 2009)
VOTE: Council Members Tooker, Cervino….YEA
Council Members Mercun, Hennessy, Dixon, Rizzo….NAY

Ordinance 2009-30 (Lake of the Lillies Dredging Bond) was considered on second reading. Mayor Barrella opened the hearing to the public.

Dave Cavagnaro, Parkway: asked about the use of Open Space Trust Fund for dredging; Stewart Fischer, Harvard Ave: asked how much interest would be paid over the 30-year life of the bond.
Motion by Councilman Mercun to close the public hearing and adopt Ordinance 2009-30 was seconded by Councilwoman Tooker and carried by the following roll call VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-31 (Towing Regulations) 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 to close the public hearing and adopt Ordinance 2009-31 was seconded by Councilman Hennessy and carried by the following roll call
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-32 (TWU/Non-Union Personnel Salaries) was considered on second reading. Mayor Barrella opened the hearing to the public.
Ben Dispoto, Parkway: asked how ranges have changed, compared to prior years; Vince Castin, Trenton Ave: asked if this was two-year range and for clarification on low and high ends; Anthony Lombardo, Arnold Ave: don’t know where these salaries were before or if there will be enough money to cover them in subsequent budgets; Mr. Szafranski, Yale Ave: asked if personnel covered were all non-union, about showing low end from prior ordinances and about the percentage of increase; Marilyn Burke, Central Ave: asked how long it took to progress from the bottom of the range to the top and how many employees were on the bottom, top and middle of the range; Stewart Fischer, Harvard Ave: complained that salary was too high for Chief of Police.
Motion by Councilman Mercun to close the public hearing and adopt Ordinance 2009-32 was seconded by Councilwoman Tooker and carried by the following roll call
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-33 (Bond/Sanitary Sewer Evaluation Phase II) 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 to close the public hearing and adopt Ordinance 2009-33 was seconded by Councilman Hennessy and carried by the following roll call
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Clerk Ellsworth added several items to consent resolutions; Vince Castin, Trenton Ave: asked if issue of trees leaning on wires would be addressed by Shade Tree Commission, about trade-in of weapons, and if DPW would be doing the rest of the line painting; Ben Dispoto, Parkway: asked about hours and pay for ACO Neary, as his deal with Point Pleasant fell through, if payment for sanitation truck was for a new truck or replacement for the one that was returned, and why truck payment was listed when bonding was already approved; Kristin Hennessy, New Jersey Avenue: asked about payment to Hecht Trailers, for clarification on contract with “Muskrat Jack” and on approval of animal control protocol, and about payments for vaccinations.
Motion by Councilman Mercun, seconded by Councilman Cervino, resolutions covering items listed below were carried by the following roll call vote:
a) Change Order #2 to Manzo Maroba for DPW yard improvement project
b) Progress Payment #4 to Manzo Maroba for DPW yard improvement project ($8300.67)
c) Change Order #3 Sea View for Boston Ave drainage improvements (-$21,881)
d) Approval of Payroll #19 ($265,004.29)
e) Payments to Brick Utilities for June & August bulk water usage ($193,125.09)
f) Payment to Lawmen Supply for police weapons less trade-in value ($10,662.76)
g) P O to All Hands Fire Equipment for fire equipment ($3614.74)
h) Payment to Horizon BCBS for employee health benefits ($107,087.47)
i) Payment to Fire & Safety Services for fire truck repairs ($3261.49)
j) Payment to CMX from BOA escrow ($1059)
k) Payment to GranTurk for parts for public works’ vehicles ($4105.35)
l) Approval of hand checks - June through August ($2,235,251.21)
m) Release road opening bond ($1000)
n) Payment to Ocean County Landfill for tipping fees ($50,000)
o) Payment to Hecht Trailer for animal control trailers ($4481)
p) Payment to Point TruValue Hardware for locks & fasteners for a/c trailers ($51.40)
q) Banner Permit application for St Peter School Craft Show
r) Performance Bond Reduction - Colvin
s) Appointment of Special Officer Class II (1)
t) Rescind approval of shared services agreement with Point Pleasant for animal control services
u) Approval of contract with Muskrat Jack for animal control/animal cruelty investigative services
v) Payment to NJ DOT for permits for Phase 2 Sanitary Sewer Evaluation ($350)
w) Payment of 2009 Police clothing maintenance allowance ($5800)
x) Payment to Fresca Restaurante for NPP façade improvement ($5000)
y) Renewal of Saynoon, Inc. ABC pocket license for 2009/2010
a) Payment to Koidl for refund of tax overpayment ($1840)
b) Payment to Front End Shop for water/sewer vehicle repair ($2869.69)
c) Payment to Cambria Automotive for 2009 sanitation truck ($199,375)
d) P O to Gran Turk for parts for garbage truck ($3700)
a) Reduction of Performance Bond – Residences at Bay Point
b) Change Order #1 to Earle Asphalt for roadway improvements to Niblick Street ($4392.92)
c) Progress Payment #2 to Earle Asphalt for roadway improvements to Niblick Street ($201,998.42)
d) P O to Motorola for portable radio equipment ($5481)
e) Payment to Chef’s International for NPP Improvements ($3302.88)
f) Payment to Maxor Plus for employee Rx benefits ($25,776.04)
g) Payments to the Galvin Law Firm Bd of Adjustment and Planning Board Accts ($2035.93)
h) Release of road opening bond ($1,000)
h) Scheduled payment to PPB Board of Education ($805,442)
i) Approval of computer generated vouchers ($1,443,644.56)
j) Approval of animal control protocol
k) Approval of Forestry Management Plan
l) Approval of NJ Environmental Federation request to canvas subject to time restrictions
m) Denial of American Heart Assoc request to allow DJ to start at 8:30 AM
n) Authorization to amend special event ordinance to include penalty provisions for failure to publish route
o) Approval of curb cut request at 812A Oak Terrace
p) Approval of curb cut request at 507 Cramer Avenue
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA


Councilman Mercun: Financial Revenue Committee will be sitting down with Borough Engineer to review Mr. Gagnon’s presentation; suggested having executive/ workshop sessions on another day prior to Council meeting.

Councilman Hennessy: No Report

Councilwoman Tooker: announced that Recycling Task Force needs members.
Mayor Barrella: appointed Sharon Cadalzo to the Recycling Task Force.
Councilwoman Tooker: announced that the Animal Welfare Committee would be hosting a fundraiser on October 11th – thanked all who stepped up with donations; thanked police and firemen for response when branch fell on electric lines – took JCP&L 24 hours to get there.

Councilman Cervino: possible Open Space meeting on September 28th with Army Corps of Engineers and Borough Engineer to address sea wall; Beautification will be hosting Scarecrow Contest – continuing to do wonderful work with plantings – met with Environmental members and spoke about connectivity between committees; gave updates on building and code issues – ‘Little Mac’ blowing of detritus on Boardwalk has been addressed – as to house on Chicago Avenue, Council should consider amending ordinances with respect to property debilitation issues – as to development at southern end of Ocean Avenue, there have been site inspections, recommendations have been made by (Ocean County) Soil Conservation representative, and Engineer Savacool has sent out several pieces of correspondence.

Councilman Dixon: Police department did a fantastic job this summer – residents thrilled with how they responded, and revenue will be nice to see; Chief initiated new program to deal with those not wearing their helmets as outlined below:
“In the past the police department has attempted to improve bicycle safety in the community through awareness, education and working with parents to address this serious safety issue. It has been a rare occasion when a subject, particularly a juvenile, is issued a traffic ticket for these types of violations. We, unfortunately, though have found that there has been minimal compliance with our efforts over the past couple of years. Commencing Friday, 9/18/09, the police department will be targeting these violators in a more aggressive manner. First offenses will be issued warnings and the offender will receive a copy of the point of contact with our officers. For egregious violations a ticket may be issued for first offenses. These offenses will be tracked closely. For a second violation, the offender, including juveniles, will receive a traffic summons that will likely require a court appearance. The following is the violations that we will be concentrating on:
1) Helmet laws – under age 17 helmets must be worn
2) Riding double on bicycles
3) Riding against traffic
4) Riding on sidewalks, particularly in the downtown area
5) Lights on bicycles while riding at night
We will be advising the public of this initiative through announcements at our schools and through local newspaper articles. Our neighboring police departments, including Point Pleasant, Bay Head and Manasquan, have also initiated new bicycle enforcement programs, which are very similar to ours. It should be noted that helmet laws also apply to skateboards, scooter and inline skates. We will continue to educate and also reward safe riders through giveaway incentives, and we hope to be hosting our bike rodeo again in October. Our department also continues to offer free helmets for any individual who requests one. We realize that there may be some resistance to our efforts and I’m hopeful that the stakeholders involved in this issue will realize the importance of the problem and work with us.”

Councilman Rizzo: been working with Mrs. Sampson, Carter Avenue, regarding Ocean Ventures building site – asphalt dug up in front of engineer and construction official – took a long time to erect signs and remove high grass – keep covering over the asphalt in that area – needs to be addressed more openly; can use help from the people out here – see lines that need to be painted, should let us know – can anonymously report any problems for Governing Body to address.

Mayor Barrella: at NJCM event, took opportunity to speak with Mark Mauriello, DEP Commissioner, in effort to move funding process along with Lake of the Lillies – also met with head of DOT; met with State Treasurer – sadly, major candidates don't grasp that controlling property taxes is the most critical issue in the state of New Jersey; addressed personnel matter in executive session and asked that Councilman Mercun, as head of the Personnel Committee convey that consensus to the appropriate persons; court revenue up roughly $88,000 over last year – consequence is the significant number of e-mails received threatening never to come back to Point Pleasant Beach because of $48 parking ticket – will continue to work toward other sources of revenue – parking revenue down about $600 – overall revenues are up roughly $36,000 to $40,000 – concerned that this is not a good sign for the future as expenses will go up next year.

Administrator Riehl: ATM revenue, through July, was $8,920; had Lake Louise pre-construction meeting – mobilizing at Boston Avenue street end – going to stick to a 7AM – 7PM timeline – should be done by end of December – will provide door-to-door resident notification; going to start emergency repairs to Baltimore Avenue, between Arnold and Central Avenues in two weeks and provide resident notification; Open Space Fund balance is $767,000 with $10,670 in rent to date and $965 interest through August; interest rate bid on water/sewer bond note sale was 1.47%.


Marilyn Burke, Central Ave: spoke about status of Ethics Committee (Councilman Mercun responded).
Dave Cavagnaro: spoke about special event notification, the omnibus ordinance, the history of the Farmers Market, charging Farmers’ Market vendors for parking at railroad lot, and asked about public meeting regarding the Master Plan.
Stewart Fischer, Harvard Ave: spoke about police checking his briefcase and recall petition hearing; demanded resignation of Municipal Clerk.
Anthony Lombardo, Arnold Ave: spoke regarding ordinance to fix dilapidated houses and sidewalks, lack of ordinance enforcement on that and garbage constantly being put out days before pick-up; thanked Administrator for getting missing meter heads replaced.
Ben Dispoto, Parkway: spoke about Lake of Lillies dredge materials and Council meeting schedule.
Bill Knapp, Harvard Ave: spoke about Little Mac situation, Jenkinsons comment about raising beach badges, Jenkinsons throwing bucks to town, parking ticket complaints, bicycle violations, and enforcement of hard container refuse ordinance.
George Loder, Atlantic Ave: asked Councilman Rizzo how much recall petition has cost the town and about dropping appeal due to financial burden on town in tough financial times.
Kristin Hennessy, New Jersey Ave: asked for copy of animal control protocol; commended Chief for new bike safety policy and asked for specifics on enforcement; spoke about Farmers Market; commented on distasteful comments regarding Clerk and recall process – commended due diligence of Clerk and spoke regarding difficult position of Clerk, caught between two parties.

The meeting was adjourned at 10:27 P.M.

Published January20, 2010 | Council Minutes | 941

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