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October 20, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:40PM with Mayor Barrella and Council Members Hennessy, Tooker, Cervino, and Dixon present. Councilman Rizzo was absent. Former Councilman Mercun resigned on October 19, 2009. 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 Hennessy: spoke about 4th grade tuition student’s ability to play in Recreation Basketball program – asked Council to rectify the participation policies of the Recreation Basketball and Wrestling programs, to include all residents and enrolled students.
Councilwoman Tooker: suggested bringing back the resident parking program in the off-season (Mayor Barrella: asked Councilman Dixon and Councilwoman Tooker to work together on this idea).

Motion by Councilman Hennessy, to enter closed session to discuss 2 personnel, 1 contractual and 2 litigation matters, was seconded by Councilman Dixon and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon…YEA

Closed session started at 7:20 P.M. and ended at 8:10 PM.

Mayor Barrella called the regular meeting to order at 8:20PM. Present were Council Members Tooker, Hennessy, and Dixon. Councilman Rizzo was absent. Former Councilman Mercun resigned on October 19, 2009. Councilman Cervino returned from recess at 8:22 PM. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Dixon to approve the minutes of the June 16, 2009 Council Meeting, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Dixon…YEA

Mayor Barrella presented a proclamation honoring Veterans and all members of the armed forces to Vince Castin, of the VFW.

Ordinance 2009–34 (Administration) was considered on second reading. Mayor Barrella opened hearing to the public.
Dave Cavagnaro, Parkway: asked if introduction of an ordinance on the agenda is the prerogative of both Mayor and Council, or just Council; clarified that last week’s Planning Board elimination was Mayor’s representation, not his position.
Motion by Councilman Cervino, to close public hearing was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon…..YEA
Motion by Councilman Cervino, to adopt Ordinance 2009-34 on second reading was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon…..YEA
Appointment of Parking Authority representative was postponed until next Council Meeting, as Mr. Bassinder and Mr. Cheasty were not in attendance to answer Council questions (asked for prayers for Mr. Cheasty’s family, as his granddaughter was recovering from a coma).

Ordinance 2009-35 (Bonding for Fire Truck) was introduced on first reading.
Councilman Cervino: asked Administrator Riehl how moneys required for this acquisition fit into capital spending plan (fits and leaves another $294,000 that can be bonded before year-end).
Motion by Councilwoman Tooker, seconded by Councilman Dixon, and carried by the following roll call vote, Ordinance 2009-35 was approved on first reading. The public hearing will be held on November 24, 2009.
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon…..YEA

First reading/introduction of Ordinance 2009-37 (Refuse Collection) was held, at Councilwoman Tooker’s request.

Ordinance 2009-36 (Special Event Advertisement) was introduced on first reading.
Motion by Councilwoman Tooker, seconded by Councilman Hennessy, and carried by the following roll call vote, Ordinance 2009-36 was approved on first reading. The public hearing will be held on December 1, 2009.
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon…..YEA

Jason Mandia, Stone Mandia, attorney on behalf of Point Beach Spirits: spoke on Person-to-Person Transfer of ABC License from Saynoon, Inc. to Point Beach Spirits, LLC, and Place-to-Place Transfer to 1606 Richmond Avenue - client has received site plan approval for the location and use – plan is to operate a package goods store and restaurant.
Clerk Ellsworth added several items to resolutions listed below; Vince Castin, Trenton Avenue: asked if the damage in Consent Resolution 1, item ‘h’ was caused by the original demolition of that property (no); Ben Dispoto, Parkway: asked if sea wall belongs to the Federal Government (Mayor Barrella: this is a temporary repair - last Friday, he and Councilman Cervino met with Congressman Smith, his legislative aide, and representatives of the Army Corps – working to get the Federal Government to effectuate a permanent repair – only part of it is their property) - asked about getting reimbursed for the temporary repair; Dave Cavagnaro, Parkway: asked if there is a problem with Lake Louise dredging project (Mayor Barrella: some boats that dock here draw more water than we have – contractor and engineer felt there would be issues with pipe being crushed, by boats’ drag at low tide, if pipe is run out the canal and laid in the Manasquan River – engineer and contractor have worked up a revised plan to take the pipe more overland) - asked if that overland route is Boston Avenue, between the lake and Broadway (Administrator Riehl: engineer and police will go door-to-door in that area tomorrow to start notifying residents – need to secure permits from County and DEP – should know additional cost by the end of the week; Mayor Barrella: Attorney Gertner will address) -confirmed that contractor would replace trees between the lake and Niblick Street; Stewart Fisher, Harvard Avenue: lot of money to Motorola for portable radios – asked who radios are for - asked about prosecutor fees, photocopier leases and medical examinations for police recruits on voucher list – borough has a history of propagating the continuation of students going to Police Academy who only get part-time summer jobs here (it’s a requirement) recruits should use their own finances to pay for this.
Motion by Councilwoman Tooker, to close public participation and approve resolutions covering the items listed below, was seconded by Councilman Hennessy, and carried by the following roll call vote:
a) Payment to Motorola for portable radio equipment ($5602)
b) Payment to Maxor for employee Rx benefits ($25,776.04)
c) P Os to Pt Pleasant Bicycle for police bicycle, repairs and parts ($3673.29)
d) Payment to Horizon BCBS for employee health benefits ($106,502.44)
e) Salary adjustment for E Farrell for passage of certification course
f) Payment to Wickberg Marine Contracting for Lake Louise Dredging ($99,764.00)
h) Payment to R. Kremer & Son Marine Contractors for Inlet bulkhead repair ($12,930)
i) Award of contract to Aqua-Serve Lifeguards 2010-2012($6,000/year)
j) Payment to Galvin Law Firm from BOA escrow accounts ($935)
k) Return of road opening bond to Joseph Miele ($1,000)
l) Payment to Pedroni Fuel Co for fuel ($15,386.89)
m) Approval of Payroll #22 ($225,299.66)
n) Scheduled payment to PPB Board of Education ($805,442)
o) Payments of computer generated vouchers ($1,125,102.30 )
p) Appointment of Lee Kelly to assume the unexpired BOA term of Greg Moberg
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon…YEA

Motion by Councilman Hennessy, to close public participation and approve resolutions covering the items listed below, was seconded by Councilwoman Tooker, and carried by the following roll call vote:
a) Payment of 4th Quarter tax allocation to the County of Ocean ($1,907,294.85)
b) Payment to Stretch & Scratch for feral cat materials ($85)
c) Payment to Martin’s Cages for feral cat materials ($29.01)
d) Payment to PPB Beautification Committee for scarecrow contest ($450)
e) Refund Board of Adjustment escrow balance ($237.50)
f) Water/sewer bill adjustments (3 accts)
g) Approval of St. Peter PTA to utilize a lighted road sign for their craft fair, subject to DOT regulations
h) Support of amendment of public interest (police & fire) arbitration statute, as per the model provided by the NJ League of Municipalities
j) Authorization for Pt. Pleasant Beach residents and students enrolled in the Pt. Pleasant Beach public school system to enroll in Recreation Basketball and Wrestling programs
k) Approval of the transfer of the ABC license, currently held by Saynoon, Inc. to Point Beach Spirits
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon…YEA

Accelerated Tax Sale was discussed. Mayor Barrella: suggested by Councilmen Cervino and Hennessy - Administrator/CFO and auditor have articulated objections and recommend that we not approve this; Councilman Cervino: asked for Council’s approval, despite these recommendations - represents a solution to a serious problem – would rather have money in hand; Councilman Dixon: idea seemed to make sense, but professionals were hired to determine what’s best for the town – also, there is not enough time for some people to pay; Councilman Hennessy: auditor says we’d collect all delinquent taxes – approximately $450,000 in surplus revenue for 2009 – would help tremendously in 2010 – acknowledged it’s a one-time fix; Councilman Cervino; 97% of people meet their obligation on time – would motivate others to do so – asked for Council to consider this solution to very serious problem – trying to help alleviate a potential financial dark hole.
Motion by Councilman Cervino, to conduct an Accelerated Tax Sale was seconded by Councilman Hennessy, and defeated by the following roll call vote:
VOTE: Council Members Hennessy, Cervino…YEA
Council Members Tooker, Dixon, and Mayor Barrella…NAY

Mayor Barrella: commended former Councilman Mercun – very helpful early on –hopeful that he, along with himself, Borough Administrator Riehl and Court Administrator Sargent have changed the culture of Point Pleasant Beach when it comes to selecting professionals – made decisions based on who we thought was best for the job, regardless of party – said this, along with his support of Lake of the Lillies dredging will be his legacy – will miss him – had breakfast together regularly to get things done in a bi-partisan way – appreciates his support, effort and time – thanked him – made 22 months go by reasonably quickly.
Former Councilman Mercun: thanked the Governing Body – finest group of people he’s had the pleasure to work with in government – respected right to disagree – asked Clerk Ellsworth to make resignation letter part of the minutes – thanked Administrator Riehl, Clerk Ellsworth and Chief DePolo, whom he has a lot of respect for, and Attorney Gertner.
Councilman Hennessy: was a great example to him and the Governing Body of how to work in a bi-partisan fashion.
Former Councilman Mercun: John Dixon is one of the unsung heroes on Council – a practical man with practical solutions; volunteered his help when needed.


Councilman Hennessy: acknowledged hard work and dedication of Animal Welfare Committee – fundraiser was a great success – thanked Mr. Bassinder and the Storinos for their donations of $2,000.00 each.

Councilwoman Tooker: former Councilman Mercun was a great mentor and friend, especially lately, with the cats – should appoint him to pretty much everything – already volunteered for Animal Welfare Committee (AWC); commented on success of AWC fundraiser - 11 cats TNR’d on Sunday – thanked Dr. Moreau for opening on Sunday – thanked Steve Arrison for coordinating – left an “Asbury Park Press” article on TNR for anyone to read; with regard to Environmental Commission, left an article on backyard habitats and fall cleanup – announced dune grass planting on November 15th and Project Porch Light on November 14th; new cigarette butt project at Inlet that member, Kathy Sogorka saw in new York – butts are a horrible source of toxic pollution – high school students collected cans and attached them to poles; cardboard boxes were in everyone’s garbage all week – they are recyclables – asked that DPW Superintendent Trout be reminded not to pick this up – people can call her with questions; County is refurbishing Gull Island; has asked Council to go to paperless agenda – Toms River is going to a complete electronic Council Meeting – need to cut down on paper – she and Councilman Hennessy have agreed to do without paper agendas (Councilman Hennessy: we bought laptops – we should be using them) it’s not just the environment, it’s the cost – paper, fixing copy machine, etc.

Councilman Cervino: Open Space Committee will present at November 24th meeting – he and the Mayor met with Army Corps of Engineers and the Open Space Committee – asked Anne Lightburn, who also attended, to comment on the meeting (Anne Lightburn: looking at making jetty more pedestrian-friendly – they will get back to us) - Mayor will talk about sea wall at next meeting – after the two nor’easters, Engineer Savacool inspected site where damage to sea wall had occurred – repairs have worked fine; about 15 businesses are involved in Beautification’s Scarecrow Contests – invited all to participate; 4 Animal House violations are being pursued by the Building Department.

Councilman Dixon: commended Police Department for job at last Sunday’s Breast Cancer Walk, diverting people due to flooding.

Councilwoman Tooker: checked on Master Plan Review, which Mr. Dyer had asked about at last Council Meeting – according to Planning Board Clerk, Council adopted in 2007 – doesn’t have to be done again for 6 years – have met for a couple of hours on the land use ordinance – will meet again next week – professionals are weighing in with comments – hope to introduce next month.

Mayor Barrella: he and Councilman Cervino met with Congressman Smith and members of the Army Corps – their initial position was “it’s not our property/not our problem” – tried to get them to acknowledge that it is their problem – suggested turning over open space to Army Corps to be preserved, if they’re willing to take it on – pointed out that the Borough and FEMA have a large exposure if sea wall crumbles – millions of dollars worth of property – not fixing it will give rise to significant Federal cost – they asked for numbers – Administrator Riehl had them by close of business day and he forwarded them the following day – Congressman Smith seems willing to try and help with funding – it’s Federal Government – money doesn’t seem to be as much a problem as getting past the bureaucracy – encouraged that they will take responsibility and make permanent repair; dismayed to read in Friday’s “Ocean Star” a Council candidate’s comments that Council did not act in an expeditious and responsible manner to address the feral cat issue – a disservice to Council, Administrator Riehl and Muskrat Jack – addressed the problem in a rational, logical fashion; biggest parking complaint is that tickets are too expensive – people don’t understand that parking revenue and fees are the Borough’s only sources of revenue, aside from hotel/motel tax – need to pursue other sources or will run out of one-time fixes quickly – spending needs to be cut – quoted the Dean of the Business School where he teaches, “you cannot cut yourself to fiscal stability” – need to generate revenue from non-property tax sources – to more equitably apportion the burden by shifting it away from residents and tax payers onto the nearly 2 million visitors who come here every year – will continue to fight for that; got DOT approval for $225,000 Niblick Street improvement grant; shared services is a political issue – as early as May 2008, was communicating with DCA, representatives from Brick , Point Pleasant, Mantoloking and Lavallette – passed a resolution authorizing a study on a Northern Ocean County Building Department – none of the other communities did – Councilman Mercun worked on this –didn’t get too far – problem is on other side of the bridges – he and Councilman Cervino set up a meeting with Point Pleasant Councilwoman Sue Rogers and Mayor Konkus – they were unable to attend – they subsequently met and talked about shared services grant – set up another meeting, which was cancelled – hopefully, will meet in the future – shared services is something he believes in and has focused on – was surprised to see an ad from Point Pleasant and Point Pleasant Beach Republicans, talking about shared services – he was not included or notified; met about Lake Louise dredging – plan that was submitted to DEP went out for public comment – anyone with a boat that drew more than 12 feet of water had an opportunity to submit an objection – no one did, so plan was prepared by Engineers, approved by DEP and done in good faith, in a logical, professional manner – nothing was done without due diligence; appointed Susan Loder as Mayor’s Representative to the Planning Board; questions were raised concerning who is paying his recall litigation costs – not the tax payers – they are paying a lot in association with this, but not his fees, which totaled $23,000 as of September – there were 5 additional days of trial in October – hopefully, Recall Defense Committee can raise funds to defray costs – in the long run, since he will have to borrow to pay these costs, it will leave him less money to borrow for his son’s tuition – if the Democratic Club wants to know who’s paying his litigation fees, it’s Richie Barrella; it is imperative that he, as Mayor, attend the League of Municipalities annual meeting.

Administrator Riehl: No report.


Dave Cavagnaro, Parkway: thanked Council on decision to review Board of Adjustment appeals and for proposed special events ordinance; asked for status of ordinance regarding bands in residential areas; thanked DPW for collecting debris at garden spots; spoke against resident parking passes.
Stewart Fischer, Harvard Avenue: asked when Borough closed on former Risden’s south property, the lending institution involved, how much of the $1.5 million Green Acres grant has been received, the monthly payment amounts, how much the town has received on the rental of the bathhouse and restaurant and parking for the year, if it would be re-leased to the same people and when the principal would begin to be paid back.
Max Gagnon, Parkway: asked if anyone had spoken to people who owe back taxes about reverse mortgages; have to believe the state when they say they are going to pay the $1.5 million that Mr. Fischer referred to; had suggested a way for the town to make money – received comments from 2 Council Membes who couldn’t go along with it – maybe should talk to the County.
Ben Dispoto, Parkway: asked for responses to the questions he posed at last Council Meeting.
Carol Vaccaro, Chamber of Commerce: local vendors who participated in Seafood Festival did recycle – there were not enough cans - Festival does not cost the town money – Chamber pays Police and DPW costs - Chamber can’t afford to lose money from the Seafood Festival – that money carries the Chamber through the year; asked if the poles from old meters at the Inlet can be taken down.
Vince Castin, Trenton Avenue: announced VFW memorial services at Veterans’ Park on November 7th at 1PM.
Kristen Hennessy, New Jersey Avenue: asked whose job it is to enforce recycling law within the municipality – no reason why recycling couldn’t be done at the Seafood Festival this year.


The meeting was adjourned at 10:18 P.M.

Published January20, 2010 | Council Minutes | 943

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