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October 6, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:33PM 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.

Casey Loundy, Point Pleasant Beach High School senior: grandfather served in WWII –had a rooming house and let military members stay there at a discount or for free – led to idea for businesses to give discounts to past and present military members, with valid military ID – in Seaside Heights, military members now have free beach access – would like to see this in her hometown.
Mayor Barrella: instructed Administrator Riehl to include a Military-Friendly component in Maryland Avenue bid specs – resolution should urge businesses to do what they can to provide military discounts; Councilman Cervino: urged newspaper reporter to include an article about this.

Motion by Councilman Mercun, to enter closed session to discuss 3 personnel and 2 litigation matters, 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 6:43PM and ended at 8:12PM

The Mayor and Council of the Borough of Point Pleasant Beach resumed caucus at 8:15PM with Mayor Barrella and 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.

Clerk Ellsworth discussed ongoing Person-to-Person/Place-to-Place transfer of ABC license from Emma’s Beach House to Point Beach Spirits – does not require a hearing – spoke to buyer’s attorney – both will be at next Council Meeting.
Department Head memos and correspondence were discussed with items moved to agenda for action.
Tom Curcio and Ira Waldman, President and Vice-President of Point Pleasant Beach Fire Company #2: spoke regarding company’s October 2008 letter to Governing Body requesting assistance, through existing, fully-funded bond ordinance with a balance of $48,000, for sidewalk and driveway apron project at firehouse – ramp damaged by new aerial ladder truck, which is just shy of 80,000 lbs. – engineer estimated $25,000 - $30,000 to replace it – building is used for elections, flu and rabies clinics, school car washes and dinners – other expenditures include $30,000 to install generators - utilities have gone up 50% – town contribution has not increased in years (as per Bond Counsel cannot use bond money on private property.)
Councilman Mercun: Fire Companies were given a budget plus a $40,000 donation – questioned the fact that no one bothered to see if pad was capable of supporting that truck; Councilman Cervino: asked if town funds their capital projects (no), if town covers insurance (yes), if they pay taxes (tax exempt) and about combining the two districts (would serve no purpose); Mayor Barrella: acknowledged that Fire Companies are a valuable asset – asked them to meet with him, Councilman Hennessy, and Administrator Riehl to come up with a solution, as there are liability issues for the Borough as well as the Fire Companies; Councilman Mercun: offered to sit in as well – state statute on the funding of volunteer fire companies permits giving them a budget of up to $90,000.00 – can increase by another $30,000.00, but the Fire Company must give a strict accounting of those expenditures – that may be a way to handle it, if Borough has the funds available.
Mike Brodeur, Assistant Fire Chief: in order to combine the two buildings, would have to find a place for a building twice the size of the existing ones - spoke about replacing a fire truck to upgrade and improve insurance ratings –– insurance industry requires one ladder truck and three engines - current truck, built in 1990, does not meet current insurance standards – insurance survey is due in a few years – lost points on last review because of that apparatus – maintenance cost on apparatus is $11,000 out of a $20,000 budget – will trade in or sell old truck – have gotten $40,000-$50,000 for trucks in the past; [Councilman Cervino: asked what the figure would be in regards to debt service (last note sale was $582,000 and the interest rate was 1.47%); Councilman Dixon: asked how much homeowners’ insurance could be affected by upgrade (about $50 per household per year – at a “4” rating, businesses are affected most)].
Mayor Barrella: asked Administrator Riehl for status on correspondence between the Borough and the Ocean County Board of Health regarding the Borough’s housing of feral cats, and announced that this correspondence is available to the public; announced that the Open Space Committee presentation is being held for a couple of weeks at the Committee’s request.
Councilman Mercun: to allay resident concerns, further discussed the rabies epidemic, Trap, Neuter, Release program, housing of feral cats, and the duties of the Animal Welfare Committee, Animal Control Officer Neary, state, county and municipality.
Mayor Barrella: in 2002, 47% of municipal revenue came from property taxes nationwide, while in NJ, property taxes accounted for 97% of municipal revenue – 56% of mayors surveyed by the League of Municipalities in 2008 want the ability to levy local impact fees and local taxes – advocates need to develop a non-source property tax revenue, or property taxes will cripple this state.
Councilman Cervino: asked Council to consider an accelerated tax lien sale for the 3% of people who have not paid their taxes – handed out packets of information; Mayor Barrella: this is a one-time fix, accelerating 2010 income into 2009 – asked Administrator Riehl about logistics and feasibility; Administrator Riehl: tax sale is scheduled for November 20th – can have two if Council chooses – explained implications and drawbacks – spoke to Borough Auditor, who is happy to talk to Council before passing resolution – need to implement at October meeting for sale on 11th day of 11th month – would be required to do a 3-year financial impact study before moving forward.
Councilwoman Tooker: requested that Kristen Hennessy be appointed to the Environmental Commission (Councilman Hennessy: asked that it be considered separately, as he would be recusing himself).

Mayor Barrella called the regular meeting to order at 9:25PM. Present were Council Members Mercun, Hennessy Tooker, Cervino, Dixon and Rizzo.

Motion by Councilwoman Tooker to approve the minutes of the June 11, 2009 Council Meeting, was seconded by Councilman Mercun and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy Tooker, Cervino, Dixon and Rizzo …YEA

Ordinance 2009-34 (Administration) was introduced on first reading.
Mayor Barrella: asked Counsel and Councilman Mercun for the definition of “subordinate officer,” mentioned in 2.5, items g and e – his concern is committees and boards (Attorney Gertner: non-tenured, statutory positions - there is a specific state statute to permit a council to create and appoint committee members – ad hoc committees of the mayor are advisory only; Councilman Mercun: agreed; Councilman Mercun and Mr. Gertner: agreed that they’re an executive function, even in a borough form of government) clarified, for legislative history, that the only change this will effectuate, with respect to the powers of the Office of the Mayor, is to the nomination and appointment of Parking Authority members – all else remains as is (Councilman Mercun: agreed; Mr. Gertner: added that the Genesis of this is to coordinate Borough ordinances and state statutes; Councilman Mercun: agreed; Mr. Gertner added: there was a change in the Borough statutes in the mid- to late-’90’s, as well as the Parking Authority) don’t necessarily have a problem with anything here – concern is for the Office of the Mayor (Councilman Mercun: the Mayor is the Chief Executive and the Borough Council is the Legislative “…normally, you would think, with respect to the Parking Authority appointments, that would necessarily fall in, but it doesn’t, because the legislative history showed that they differentiated it because the Council deals with finances and so does the Parking Authority - so with respect to ad hoc committees, that’s purely an executive function…and we, as the Legislative Body, shouldn’t be getting involved in your end of the game, and you shouldn’t be getting involved in our end of the game…that’s the way separation of powers works…”) disagreed with Councilman Mercun’s interpretation of the statute given to the Parking Authority.
Motion by Councilman Mercun, seconded by Councilman Cervino, and carried by the following roll call vote, Ordinance 2009-34 was approved on first reading. The public hearing will be held on October 20, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo…..YEA

Clerk Ellsworth added several items to resolutions listed below; Mayor Barrella asked where we stand on Lake of the Lillies, and the connection between the bid and EIT (Engineer Savacool: specs have been formatted as to EIT requirements – aggressively pursuing pre-award of EIT/approval of plan specs, which allows you to go out to bid – EIT program has been enhanced by AARA funding – can acquire a more advantageous funding than normally offered: 70% zero interest, 25% market rate – anticipate approval sometime this month) – lake lowering permit expires on March 15th – in order to begin dredge, need to start soon – downside is that, upon going out to bid, Borough goes out of the EIT program – however, current interest rates are relatively low; Councilman Hennessy: County has agreed to cover 19.1% of Lake of the Lillies dredging cost; Mayor: asked Council to give Mr. Savacool authorization to bid, and discretion in the time frame, so as to continue to “beat on” the state for EIT pre-approval (consensus to receive bids by October 30th and hold a special meeting on November 2nd for award of contract.) Mayor: confirmed with Mr. Savacool that doing it now is likely to effectuate a savings, as opposed to waiting a year when funding starts to hit – questioned the use of public funds on Lake of the Lillies, about 85% of which is on the Open Space roster and 15% of which is, technically, privately owned; Bond Counsel Mayer: not uncommon for a public project to have a private benefit; Mayor: asked if Mr. Mayer would recommend Open Space Trust Funding and the amortization of the debt; Mr. Mayer: may want to break it up – would like to think about that – there is a $3 million bond in place; Councilman Cervino: asked Mr. Mayer if the use of Open Space Trust Fund monies for covering debt service ought not be an issue; Mr. Mayer: have not reached that conclusion – knee jerk is that it should be alright; Administrator Riehl and Mr. Mayer discussed down payment waiver with EIT funding.
Stewart Fischer, Harvard Avenue: asked about Consent Resolution 1, items a, m, n, and p; Dave Cavagnaro: Parkway: asked about street closing for Jersey Shore Relay.
Motion by Councilman Mercun, to close public participation and adopt resolutions covering the items listed below, was seconded by Councilwoman Tooker, and carried by the following roll call vote:
a) Payment to Brick Utilities for bulk water usage for September ($80,516.73)
b) P O to Lawmen Supply for body armor ($3375)
c) Payment to Schulman Wiegmann from Zoning Board escrow ($250)
d) Release Zoning Board escrow ($1697.24)
e) Payment to McKeon Electric for electric service at trailers ($2561.40)
f) Payment to Lasting Line Painting for line/curb painting ($9065)
g) Approval of Payroll #20 ($265,858.59)
h) Payment to GranTurk Equipment for sanitation truck parts ($3743.53)
i) Release of dewatering bond – 320 Broadway ($250)
j) Payments to CMX from escrow accounts ($4059.29)
k) Approval of membership in Fire Company #2
l) Payment to Continental Fire & Safety for turnout gear ($34,504)
m) P O to Atlantic Tactical for police ammo ($16,255.70)
n) Adjust P O to Motorola for portable radio equipment from $5481 to $5602
o) Adjust payment of 2009 Police clothing maintenance allowance from $5800 to $5925
p) Payment to Office Business Systems for upgrade/repair recording system ($2007)
q) Approval of recreation basketball salaries
r) Payment to Pedroni Fuel for diesel fuel ($6710.05)
s) Salary adjustment for K Beno for passage of certification course
t) ABC License Renewal – Southern House
u) Approval of computer generated vouchers $277,608.07)
v) Approval of Payroll #21 ($239,928.55)
w) Payment to Lawmen Supply for body armor ($2700)
x) Payment to MES for fire company equipment ($2594)
y) Waive raffle fee for Community Endowment Fund Raffle
z) Water/Sewer bill adjustments (3 accts)
a) Reaffirm Green Acres application for Risden’s acquisition funding
b) Award of contract to for Sanitary Sewer Evaluation Phase 2 to National Water Main Cleaning ($206,265)
c) Authorization to bid Lake of the Lillies dredging project
d) Appointment of Bryn Rickman to the Environmental Commission
a) Authorize emergency appropriation for legal fees due to unforeseen litigation
b) Correction to W/S bill adjustment listed on agenda
c) Payment to Coded Systems for development ordinance books ($2083)
d) Release dewatering bond ($3544)
e) Payment to Fredrick for improvements under NPP grant ($1,000)
f) Payments to CMX from Planning Board escrow ($1007.50)
g) Payment to Woszcak Mechanical Cont for drainage improvements to Delaware Avenue ($8800)
h) Proclaim PPB as a military Friendly town and requesting support from the business community
i) Authorization to hire replacement during absence of electrical sub-code official
j) Approval of curb cut at 113 New Jersey Avenue
k) Authorization to prepare bond ordinance for purchase of fire truck as per request from Ocean Fire Co #1
l) Approval for Jersey Shore Relay to pass through town
m) Authorization for Joe Leone’s to place trailer on property during holiday season
n) Support opposition to Offshore LNG Port facilities in NJ/NY Clean Ocean Zone
o) Approval of revised animal control protocol
p) Support for Green Acres Water Supply & Floodplain Protection, & Farmland & Historic Preservation Bond Act of 2009
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo…YEA

Motion by Councilman Mercun, to close public participation and adopt resolutions covering the item listed below, was seconded by Councilwoman Tooker, and carried by the following roll call vote:
a) Appointment of Kristin Hennessy to the Environmental Commission
VOTE: Council Members Mercun, Tooker, Cervino, Dixon, Rizzo….YEA
Councilman Hennessy….ABSTAIN


Councilman Mercun: No report.

Councilman Hennessy: announced Recreation Committee’s recommendation of Bob Santanello as Basketball Director; thanked Dave Cavagnaro and Beautification Committee for efforts; referenced a letter about River Avenue speed humps and traffic safety – would like Council to go forward with this; referenced Chief DePolo’s letter about the Seafood Festival – 60,000 people in town – a couple of hiccups had to do with alcohol consumption – Chief’s concerns need to be addressed; court revenue through September is up about $92,000, meters are up about $14,000, hotel/motel tax is up over $20,000; respects Mr. Gagnon for the idea he presented at last meeting about building a bridge and making Gull Island a parking lot – newspaper reported that Council was fully behind this – for the record, he is not; (Mayor Barrella: asked him to elaborate on Recreation positions, going forward) last year, a problem caused the Basketball program to be cancelled for a few days – everything was straightened out – going forward, Committee will post every Recreation Director’s position – park, basketball and wrestling – Committee will screen applicants prior to recommendation.

Councilwoman Tooker: suggested discussing bus auction at the next Recreation meeting – have a full-time diesel mechanic; in deference to Mr. Gagnon, whom all respect, would not be considering his idea about Gull Island anytime soon; appreciates Chief’s report on the Seafood Festival – will start thinking about what to do next year (Councilman Mercun: should address at Elk’s first request to serve outside alcohol at a function; Attorney Gertner: during renewals of club licenses, Council can institute any conditions it feels appropriate with regards to underage issues; Mayor Barrella: have to address the issue across the board); thanked Dune Inspector Ritchings – had an incident with a dune at one of the hotels – was resolved (issued around $6,000 in penalties); announced “Project Porchlight” – group will go door-to-door distributing fluorescent bulbs, which are good for the environment – looking for volunteers; announced Animal Welfare Committee fundraiser on Sunday – thanked Camille Renner and Lea Drew for putting this together – thanked volunteers working with Muskrat Jack on rabies situation; Planning Board approved a new restaurant and package goods store at the old Surf Chevrolet property – Chief Brodeur suggested putting a fire lane on Carter Avenue as this new complex develops – don’t want parking because it’s a dangerous area (Attorney Gertner: asked Engineer Savacool if that’s a recommendation for public safety; Mr. Savacool: applicant had originally proposed the same type of parking that was in place when Surf Chevrolet was in business – didn’t recommend that because there is not good site distance – suggested on-street parking on Carter Avenue – Planning Board was not in favor – striping it out as a fire lane would reinforce that there is no parking on left side of road; Mr. Gertner: has never seen that on a public thoroughfare – suggested better course would be enhanced striping to make markings clear that there’s no parking – to make a fire lane on a public thoroughfare is not the proper response); still making changes on proposed land use ordinance – asked for Council and public input.

Councilman Cervino: Beautification Committee scarecrow contest setup will be on the 17th with awards on the 24th at the gazebo – roughly 9 businesses participating – Committee’s holiday decorations are always something to be proud of – concerns at last Committee meeting included wiping down toys, swings, etc. to avoid H1N1 flu and Pop Warner football’s constant use of the Antrim school field; applauded Anne Lightburn and Sale Pepe, from Open Space, for their efforts in disseminating information during the Seafood Festival; Army Corps of Engineers meeting will be in October in Congressman Smith’s office – asked Engineer Savacool to explain the technical problem with the sea wall (hole in the wall between where the aluminum bulkhead and the concrete bulkhead meet – hired contractor to install repair – weren’t satisfied and contractor reinstalled – have had hurricanes and nor’easter since August/September – small hole has redeveloped – contractor is supposed to be there today to make the installation tighter); total Building Department revenue for the month is $20,000 – mentioned various examples of code enforcement.

Councilman Dixon: with regard to problems at Seafood Festival, hopes people in charge will get together and straighten it out; railroad crossing at Arnold Avenue and Route 35 was fixed four years ago, but it’s getting bad again.

Councilman Rizzo: apologized for oversight in voting to approve Consent Resolution I, item s – Deputy Finance Officer does a fantastic job, but haven’t had a Purchasing Agent since Bob Meany retired – asked what the adjustment is ($250, per collective bargaining agreements); janitorial job was never posted (did not actually replace the janitor – have a laborer temporarily working in that position); understands someone is applying for supervisory position currently held by Mr. Trout – doesn’t know if a Vietnam Veteran was given the opportunity to apply for this course – understands Mr. Martin has an application for a particular position and asked Administrator Riehl to check into that and whether it wasn’t “notified” (Mrs. Riehl: asked if he was referring to a position or a class) not sure – understand it’s a course being given for a supervisory capacity.

Mayor Barrella: tasked Sharon Cadalzo, from the Recycling Task Force, to form a small group to meet with DPW Superintendent Trout, Councilman Hennessy and him about recycling at major events – received call from Committee Chairman Costa, day before the Seafood Festival, asking what can be done – nothing on 24 hours notice – should start planning for it now; Councilman Cervino, Engineer Savacool, and either Administrator Riehl or he will attend a meeting on Friday at Congressman Smith’s office to deal with the sea wall issue and who is responsible; will attend next Beautification meeting; spoke with Mayor Konkus and Councilwoman Rogers from Point Pleasant about Shared Services, consolidating Municipal Courts and Building Departments – will start with courts; with regard to Mayor’s Representative to the Planning Board – needs to be a level of synergy, some fundamental agreement on basic, critical issues – if that doesn’t exist, the concept doesn’t make sense – eliminated post for now, effective tonight.

Administrator Riehl: announced Maryland Avenue Beach bid was set for October 15th; flu clinic tomorrow at Firehouse #2, 9-11AM; Open Space Report: to date, parking revenue is $36,855, interest $1,199, lease payments $12,516, tax payments $191,665, overall balance $807,000.


Stewart Fischer, Harvard Avenue: complained about his briefcase being inspected at last Council meeting; police coming into his yard to hunt for a raccoon; a visit from police because they received a report of him doing a handstand in town hall; being pulled over at an intersection in 2001 because police officer thought he was going to run a red light, then having his car impounded because he couldn’t find his insurance card; the fact that Point Pleasant Beach has more police than any other town in the United States; and about police salaries.
Max Gagnon, Parkway: suggested talking to seniors, who owe back taxes, about reverse mortgages; trucking industry is running pilot program of converting diesel engines to natural gas to cut down on pollution – being looked at by railroads also.
Dave Cavagnaro, Parkway: thanked DPW for work on barrels and for taking down flags after nor’easter; asked if it would be regular protocol to start meeting with closed session; complained that route for the 5k run on September 19th was not published; asked if flapper valves would be checked on Lake Louise Dredging project, as blockage causes flooding; expressed concerns about omnibus ordinance and asked that copies be made available to public
Ben Dispoto, Parkway: thanked Mayor Barrella, Chief DePolo and Councilman Hennessy for talking about a group of issues that he had noted; asked if revenue figures were up compared to the budget or last year; in regards to Seafood Festival: asked when size was going to be limited; what rate the Chamber of Commerce pays for police services; what period of time it covers; the actual police cost for that period; why each vendor isn’t charged a fee; if more recycling can be available on the main street and if vendors can be required to use biodegradable cups and plates; if town should consider having Chamber augment police force by hiring private security; and if Borough requires a certificate of insurance from the Chamber for alcohol consumption in public, in a wine garden, and if Borough had one for this event; created more than a $600 expense in negative publicity by not making OPRA information available in format requested (did provide information).
Anthony Lombardo, Arnold Avenue: thanked Councilman Hennessy for bringing up incident about drinking and asked what establishment the people came from; asked if an incident at the Wharfside was reported to the ABC; claimed “Ocean Star” article about Risden’s property contained inaccurate financial information provided by Anne Lightburn – asked about tax and water payments at that property.
John Szafranski, Yale Avenue: referred to “Asbury Park Press” article about a tax crunch -; reiterated need for tourism revenue – asked what can be done to support the Mayor in his battle with Trenton for local option taxes; asked what is being done about costs; complained about police riding up and down the sand and asked why we’re paying for it.
Kristen Hennessy, New Jersey Avenue: thanked Council for appointing her to the Environmental Commission.


The meeting was adjourned at 11:16 P.M.

Published January20, 2010 | Council Minutes | 942

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