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November 24, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:30PM with Mayor Barrella and Council Members Hennessy, Cervino, Dixon, and Rizzo present. Councilwoman Tooker arrived at 8:45PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Hennessy, to enter closed session to discuss two personnel matters, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Councilmen Hennessy, Cervino, Dixon, Rizzo….YEA

Closed session started at 6:33 P.M. and ended at 7:25PM

Mayor Barrella called the regular meeting to order at 7:36PM. Present were Council Members Hennessy, Cervino, Dixon, and Rizzo. Councilwoman Tooker arrived at 8:45PM. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Councilman Rizzo requested that implementation of immediate hiring freeze of all departments be moved to the Consent Resolutions.

Attorney Michael DiCicco administered the oath of office to Councilman-elect Timothy Lurie.

Department Head memos and correspondence were discussed with items moved to agenda for action; Councilman Rizzo requested that the Person-to-Person Transfer of Martell’s Sea Breeze ABC license be held, as diagram is not sketched to scale. (Municipal Clerk received no complaints and Police Department has no objections to the transfer.); Mayor Barrella instructed that it be considered separately.
Chief DePolo: discussed hiring a replacement communications operator – currently pulling an officer off the road to cover, or losing money in overtime – position falls within the TWU contract; Councilman Hennessy: advocated eliminating positions through attrition; Councilman Dixon: Chief explained that this is an essential position; Mayor Barrella: instructed that this item be moved to Consent Resolutions – across the board hiring freeze does not take into account essential positions; Councilman Dixon: advocated letting department heads make their case prior to Council decision; Administrator Riehl: was authorized by the Governing Body to advertise the open water/ sewer clerk position – a union member was hired to fill it, which left an open payroll clerk position; Mayor: will consider hiring freeze first and debate exceptions, if implemented.
Chief DePolo: discussed hiring special officers. Councilman Cervino: suggested not paying to send specials to Police Academy but, instead, reimbursing them per year of service; Chief DePolo: law states town must pay for their training – have an agreement that specials will stay on for a year or reimburse the town; Councilman Dixon: asked that it be added to Consent Resolutions.
Mayor Barrella: discussed hiring of payroll clerk; Councilman Cervino: asked if the person who was moved into the water/sewer clerk position could return to payroll, so that the water/sewer clerk position can be eliminated; Councilman Hennessy: suggested delegating water/sewer responsibilities to someone who already works here or that the position be eliminated and a part-timer hired; Councilman Dixon: can’t eliminate a position and fill it with someone else – these positions need to be filled; Administrator Riehl: water/sewer position is not part-time, neither is payroll, but if she must she’ll do it; Mayor Barrella: per Administrator Riehl, there is a part-timer on staff who may be interested – her hours could be expanded – if she’s not interested, Mrs. Riehl would look to hiring someone 25 hours/week; Councilman Dixon: not worth the difference of $3,000-4,000 to go with a part-timer, rather than a full-timer who’s there all the time and knows what they’re doing - can see not hiring additional people, but not in favor of eliminating positions – should listen to the people in charge who are telling us what they need – nobody up here knows what a payroll clerk does; Mayor Barrella: per Councilman Dixon’s recommendation, instructed that it be added to Consent Resolutions.

Attorney Gertner: discussed the state-mandated Citizen Leadership Act – treats volunteers as employees of the Borough, which affects insurance costs – entails significant training – advocated consolidating some volunteer positions to eliminate exposure.

Carol Vaccaro, Chamber of Commerce: questioned police services bill for the Seafood Festival – in previous years, it’s been a flat fee – this year, were billed by the hour and weren’t prepared for the amount. (Installment plan was suggested – was advised to speak with Administrator Riehl and Chief DePolo.)

Parking Authority nominees, John Cheasty, a retired Maplewood police captain, and David Bassinder, owner of Martell’s Sea Breeze, spoke about what they could offer to the position. Mayor Barrella: directed that item be considered separately.

Motion by Councilman Hennessy to approve the minutes of the June 7, 2009 and July 21, 2009 Council Meetings, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon, and Rizzo…YEA
Councilman Lurie was not polled.

Ordinance 2009–35 (Bonding for Fire Truck) was considered on second reading. Mayor Barrella opened hearing to the public, with no member of the public wishing to be heard.
Motion by Councilman Dixon, to close public hearing and adopt Ordinance
2009-35, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Dixon, and Rizzo….YEA
Councilman Cervino….NAY
Councilman Lurie….ABSTAIN

Ordinance 2009-38 (Identity Theft) was introduced on first reading.
Attorney Gertner explained that this is a League recommendation, based on a Federal mandate – an internal procedure; Councilman Cervino: asked if it’s required (it was, as late as 2 weeks ago, but the Federal Government has stayed it for now); Councilman Dixon: confirmed that this is aimed toward employees accepting IDs.
Motion by Councilman Dixon, seconded by Councilman Cervino, and carried by the following roll call vote, Ordinance 2009-38 was approved on first reading. The public hearing will be held on December 15, 2009.
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, and Rizzo…YEA

Ordinance 2009-39 (TWU Salary Amendment) was introduced on first reading.
Motion by Councilwoman Tooker, seconded by Councilman Dixon, and carried by the following roll call vote, Ordinance 2009-39 was approved on first reading. The public hearing will be held on December 15, 2009.
VOTE: Council Members Lurie, Hennessy, Tooker, Dixon, and Rizzo…YEA
Councilman Cervino….NAY

Ordinance 2009-40 (Water/Sewer Amendment) was held upon recommendation of Clerk Ellsworth and Administrator Riehl.

Clerk Ellsworth added several items to consent resolutions below; Dave Cavagnaro, Parkway: asked about Consent Resolution 3, items b, c and d – if events would be affected by new ordinance dealing with special event route notifications; Stewart Fischer, Harvard Avenue: asked about computer-generated vouchers, with regard to fire hydrant replacement.
Motion by Councilman Cervino, 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) Establish 2010 Borough Holiday Schedule
b) Amusement Games License Renewals (13)
c) Establish 2010 Bulk Pick-Up Schedule
e) Approval of September and October hand checks ($874,191.70)
f) Payment of 4th quarter installment to OCUA ($298,560)
g) Payment of 4th quarter tax allocation to Open Space Trust Fund ($62,837.87)
i) Performance Guarantee Release – 600 Bay Avenue
j) Approval of Payroll #23 ($233,320.79) and Payroll #24 ($247,051)
k) Amend March 3, 2009 Minutes to include Consent Resolution #3
l) Water/Sewer bill adjustments (3)
m) Payment to Pedroni Fuel Co for diesel fuel ($3507.11)
n) Payments to CMX from escrow accts ($7,679.93)
o) Payment to Water Works Supply Co for water department supplies ($7019.82)
p) Payment to Ocean County Landfill for tipping fees ($50,000)
q) Payment to Pitney Bowes for prepaid postage ($4,500)
r) Refund tax overpayment to Hittman ($2696.72)
s) Payments to Galvin Law Firm from Planning Board escrow accts ($585.00)
t) Payment to Pt Pleasant Bicycle for specialize patrol bike & accessories ($1759.97-donation to reimburse cost)
u) Payments to Pt Pleasant Bicycle for bicycle repairs and parts ($1913.32)
v) Payment to Sensus for water meters ($15,849.64)
w) Payment to Lawmen Supply Co for armor vests ($3375)
x) Payment to Brick Utilities for October bulk water usage ($72,908.16)
y) Payment to Café Terias for replacement of ice maker ($3423.44)
z) Payment to Horizon BCBS of NJ for employee health benefits ($107,818.75)
a) Progress Payment #2 to Wickberg Marine for dredging of Lake Louise ($97,967.07)
b) Payments to the Galvin Law Firm from Board of Adjustment accounts ($837.50)
c) Release dumpster bond – Gregovich ($250)
d) Payment to Lee’s Emergency for fire truck repairs ($2421.28 – insurance reimb ($1421.28)
e) Payment to Schulman, Wiegmann from Board of Adjustment escrow acct ($250)
f) P O to Motorola for 3 mobile radios ($11,825.64)
g) Salary Adjustment for M. Gardner for Floodplain Manager certification
h) P O to Dell for Optiplex Desk top computers ($3510.93)
i) P O to Dell for quad core server ($3332.52)
j) Progress payment#1 to D&D Utility for Baltimore Ave sewer collapse ($55,857.26)
k) Scheduled payment of district taxes to PPB Board of Education ($805,442)
l) Payments to CMX from escrow accts ($1191.50)
m) Appointment of Municipal Representative (Christine Riehl) and Alternate (Raymond Savacool) to Ocean County Community Development Block Grant Committee for remainder 2009
n) Approval of computer generated vouchers ($1,576,197.44)
o) Authorization for Mayor to execute agreement with County of Ocean for Recycling Center use and Revenue Sharing
p) Water/Sewer bill adjustments (5 accts)
q) Authorization to bid fire truck
a) Change Order #1 to D&D Utility for Baltimore Avenue emergency sewer replacement and water main extension ($3964.69)
b) Approval of Little League S/E application for Opening Day Parade on 4/10/10
c) Approval of PPB High School Class of 2012 S/E application for 5K on 6/5/10 with waiver of fees
d) Approval of Kidney & Urology Fdn S/E application for Kidney Walk on 5/2/10
e) Establish annual Reorganization Meeting on 1/1/10 at 1:00 PM
f) Authorization for CMX to proceed with 2010 CDBG project
g) Auth to send letter in support of Army Corps of Engineers’ amelioration of the jetty
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, and Rizzo…YEA

RESOLUTION 4: Approval of Martell’s Person-to-Person Transfer Application for ABC License.
Peter Seems, attorney for Martell’s Inc.: liquor license application does not require that sketch be to scale; Mayor Barrella: asked if there are bar facilities on the beach, and if they are sketched out; Mr. Seems: whole property is covered – purpose of sketch is to identify licensed areas. Unlicensed areas – sweet shop, fast food section and clam bar – are delineated; Mayor Barrella: asked if everything else is licensed. Mr. Seems: yes – right up to the high water mark – there is previous litigation on this; Attorneys Seems and Gertner agreed that sketch is not required to be to scale.
Motion by Councilman Cervino, to close public participation and approve person-to-person transfer, was seconded by Councilman Hennessy, and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon, and Rizzo…YEA
Councilman Lurie….ABSTAIN

RESOLUTION 5: Authorization to Establish a Hiring Freeze
Councilman Rizzo re-read his resolution: “I would like to make a motion to implement an immediate hiring freeze of all departments for the Municipality of Point Pleasant Beach. I would like this hiring freeze to be effective immediately and will be until further notice by this Governing Body.” Mayor Barrella: confirmed with Councilman Rizzo that his intent is for a complete and total, no-exception hiring freeze, and the resolution, as written does not even permit consideration on a position-by-position basis - resolution has ramifications well beyond a hiring freeze – would be unable to replace the Borough Clerk or the mechanic, for example - should have been presented more formally to Council; Councilman Hennessy: resolution is good until December 31st; Councilman Dixon: questioned what this will accomplish since it’s only for a month; Councilman Hennessy: to hire people now, going into year-end, not knowing budget situation and where shared services stands would be a disservice to the residents and taxpayers – some are going to vote and are not going to be here to feel the wrath. Mayor Barrella: asked Councilman Hennessy if he has started looking at 2010 budget with CFO Riehl yet.
Max Gagnon, Parkway: spoke to Mr. Lacey, Brick Utilities, who said they could have handled meter reading, etc., for the community – makes sense if we’re trying to cut a job (Councilman Cervino: had this conversation long ago; Administrator Riehl: had several discussions with Brick – were only going to pick up water billing and deposits – didn’t include service calls, parts or repairs – they were looking at upwards of $30,000 because they would need to dedicate one full-time person – turned out to be more than if we filled it ourselves) figures don’t sound right, ought to go back and visit him – nobody likes to let an employee go, but if you have to, you do (Mayor Barrella: not a case of letting employees go – been trying to discuss shared services with Pt. Pleasant – maybe hiring freeze is a good idea, but not a blanket hiring freeze – thinks Mr. Lacey is trying to sell something, but his people aren’t pricing it right; Councilman Lurie: not a bad idea – got a better rate by meeting with them in the past – would volunteer to meet with him, along with anyone else.
Anthony Lombardo, Arnold Avenue: suggested changing length of police shifts, number of officers on the street; heard we are already $700,000 in the hole for this year –have to work together to save money; spoke to Mr. Lacey and was told it was a good deal –can’t afford not to fight the Union on this.
Marilyn Burke, Central Avenue: congratulated Councilman Rizzo for having the courage to present this idea – many people on Council have run on this –have to be able to pay our debts – everyone here is replaceable – an essential position is usually clarified early in the game – if that person leaves or dies or gets sick, they are replaced – so you can replace positions that are really essential – we don’t need a lot of these positions –could outsource payroll to ADP – might have to redefine some functions that Mrs. Riehl has because of Civil Service factors – stop hiring, stay focused, stop fighting, cut the budget – can’t have this number of people working for us – the Mayor just said we can’t get anyone to partner with us – let’s make ourselves more friendly and nicer to deal with so we can have shared services.
Kristen Hennessy, New Jersey Avenue: has heard terms like “reducing work force through attrition” bantered about during political campaigns – need to tighten our belts – should consider shared services – taxpayers have sent a resounding message to do more with less – addressed Governor-elect Christie’s message at the NJLM convention, that this is going to be a painful process, but municipality leaders will come along willingly or kicking and screaming because the bus is moving forward – this is a poor economy – now is not the time to consider refilling some positions – asked Council to vote “yes” – understands power of unions – her job description is changing – being asked to do more with less – wants Council to ask the same of borough employees, until we can meet with counterparts in Point Pleasant and formulate a shared services plan and look at municipality’s fiscal condition – one month is not a long time to wait before hiring full-time people.
Stewart Fischer, Harvard Avenue: supports hiring freeze – from now until General Election, new grass roots effort with catch phrase, “1-1-11 Pt. Pleasant Beach will Secede from the Union” – by that he means the Teamsters, AFL-CIO and PBA.
Bill Reilly, Beachcomber Lane: asked Councilman Rizzo if all exceptions to his proposal would be handled through the Council.
John Morrongiello, 208 Atlantic: applauds hiring freeze – two jobs currently mentioned are easily shared services jobs; anybody can be replaced – essential positions can be made temporary to avoid pension and health insurance costs – he was a civil servant and he knows civil service law – payroll person could become payroll and water department – farms out his business’ payroll.
Motion by Councilman Cervino, to close public participation was seconded by Councilman Dixon, and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, and Rizzo…YEA
Councilman Cervino: asked if freeze can be imposed for everyone except the mechanic; Mayor Barrella: much easier to do on a case-by-case basis; Councilman Lurie: asked Attorney Gertner if every hiring decision comes before the Mayor & Council anyway (yes) - so it’s moot – we spent an hour wasting our time here; Councilman Hennessy: wouldn’t a hiring freeze mean that you’re not hiring people; Attorney Gertner: the only difference is that if you get a position on the agenda to discuss, it would be subject to amending the hiring freeze resolution – it’s a stop gap – a statement to the public that, from now until the end of the year, it is the intent to have a hiring freeze – can have a chilling effect on the department heads; Councilman Dixon: sounds good but has no teeth; Councilman Hennessy: if this Council votes to have a hiring freeze and department heads come back next week and ask for people, maybe we should look into finding new department heads, because they’re not getting the message; Mayor Barrella: Councilman Rizzo’s motion is flawed as written – advised tabling it until next week so we have something that’s workable; Councilman Dixon: in favor of hiring freeze for additional people – has Borough Administrator saying that this is a person she needs; Councilman Hennessy: of course they’re going to say that, that’s a department head’s job; Councilman Dixon: I have faith that they’re trying to be as honest as possible with us and that what they’re asking for is what they really need; Councilwoman Tooker: perhaps it should be written better – everything could wait a meeting, except for the specials – asked if Town Hall Committee is still working; Mayor Barrella: the Town Hall Committee has been disbanded; Councilwoman Tooker: asked when police DCA study would be in; Chief DePolo: any day.
Motion by Councilman Dixon to table for one week was seconded by Councilman Lurie, and carried by the following roll call vote:
VOTE: Council Members Lurie, Tooker, Dixon and Mayor Barrella….YEA
Councilman Hennessy, Cervino, Rizzo….NAY

RESOLUTION 6: Authorization to hire replacement Communications Operator

RESOLUTION 8: Authorization to advertize and hire Payroll Clerk

RESOLUTION 7: Authorization to hire Special Officers for 2010 summer season.
Frank Carey: asked if actually hiring these people or just paying for their training (Chief DePolo: have to appoint them first to get into the academy – as long as they graduate, they’ll be hired. If they don’t complete a summer, they will have to reimburse the town.) - seems like a fail-safe system.
Councilman-elect Dyer: addressed Chief about working within his budget (Chief DePolo: they’ll be employed – it’s just a matter of how many hours.)
Motion by Councilman Lurie, to close public participation, was seconded by Councilman Cervino, and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, and Rizzo…YEA
Councilman Dixon: going to have less specials than last year – says he needs them – don’t see why we wouldn’t vote “yes;” Councilman Hennessy: asked Chief if a plan can be set up with these guys to have them pay for it and reimburse them (Chief DePolo: it’s a state law – other towns have tried it – setting ourselves up to be sued) asked how other towns are doing it (Chief DePolo: they pay for their testing and most pay them while they’re in the academy); Councilman Rizzo: asked how many are coming back from last year (Chief DePolo: about 40) and those that don’t return will reimburse the town (Chief DePolo: most fulfill their obligation – it happens a couple times a year) a couple officers last year worked the summer and then went to work for other towns and we paid them (Chief DePolo: paid for their testing and while they worked here – minimal obligation).
Motion by Councilman Lurie, to approve hiring special officers for 2010, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Lurie, Tooker, Dixon and Mayor Barrella …YEA
Councilman Hennessy, Cervino, Rizzo….NAY

RESOLUTION 9: Appointment of David Bassinder to the Parking Authority
Motion by Councilman Cervino, to close public participation and appoint David Bassinder to the Parking Authoirty, was seconded by Councilman Hennessy, and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon, and Rizzo…YEA
Councilman Lurie….ABSTAIN

RESOLUTION 10: Authorization to advertise RFPs for 2010 professional services


Councilman Lurie: thanked Council for appointing him; asked that drafting of new ordinances by Borough Attorney be authorized by majority vote of Council

Councilman Hennessy: addressed appointments to 2010 standing committees – should be roundtable approach – asked Council to meet after January 1st meeting (Mayor Barrella: will come up with tentative committees to discuss in caucus on December 15th –appointments will be made January 1st, based upon preferences he receives from Council.)

Councilwoman Tooker: spoke to Toms River Clerk – they use a clock for public participation and it works great – suggested Council purchase clock as a gift to the public; announced Spirit Week and Homecoming events at the High School; Environmental Commission had Project Porch Light last week – encouraged all to switch to fluorescent bulbs; dune grass planting was extremely successful – CRAB is a wonderful group; Shade Tree Committee applied for a grant with the County – got 26 trees – they are free to anyone on a County roads; Recycling Committee will meet with Councilmen Cervino and Hennessy to provide input on garbage ordinance; Animal Welfare Committee has 50/50 drawing is in two weeks - has done another dozen cats.

Councilman Cervino: Beautification needs trees removed at bird sanctuary; congratulated Antrim School, VFW, Women’s Auxiliary, and all those who worked on very moving Veterans affair; congratulated Marines on 234th anniversary; Beautification home holiday lighting contest is on December 13th; tree lighting is November 27th; invited volunteers to help Beautification repair sign on Route 35; Building Department has 4 or 5 new homes under construction – income is down about $53,000 from last year – not bad, considering conditions - 4 animal houses are being acted on; kudos to Construction Official Gardner on becoming a Certified Flood Plain Manager – FEMA could lower the point total based on this; Open Space might present at next Council Meeting.

Councilman Dixon: No Report.

Councilman Rizzo: No Report - wished all a Happy Thanksgiving.

Mayor Barrella: attended NJLM convention – excellent meeting – listened to Governor-elect Christie – already talk of lowering levy cap – heard some things that are encouraging – the things we’re being told to do in 2010, we’ve already done in 2009; troubled by debate over things that are essentially “nickels and dimes” – hiring payroll clerk, sending officers to Police Academy – trying to make due with a budget that has a tax levy that is artificially low since 2008 – referenced a letter Councilman Lurie wrote in 2007 verifying that nothing was done to raise additional revenue – all they did was throw surplus at the issue, kept the tax low – will be looking to catch up for years – must develop additional revenue sources; received a basket at Christmastime, which he gave to Administrator Riehl to be donated to charity – has a problem with accepting things – need to restore trust and faith in government by prohibiting Council and employees from accepting anything – read comments by member of the Prosecutors Office that too many people profit from the system and have no incentive to change it – suggested passing gifts along to Mrs. Riehl to be donated to charity; some property values in town seem to be out of whack – asked Attorney Gertner who can look into these numbers (Attorney Gertner: Tax Assessor should receive Chapter 91 statement yearly and can review property records from Certified Valuations) looking for an independent commission to study this – will send list of properties to Attorney Gertner; 2010 will be a challenging year.

Administrator Riehl: gathering information for town newsletter by December 10th; Ocean County Health Department will inspect the cat trailers on December 1st; regarding River Road and Channel Drive, County will discuss further and get back to us; wrote to state regarding purchase of parcels by Burger King and bridge staging – were told to contact them in another year.


Dave Cavagnaro, Parkway: welcomed Councilman Lurie and thanked him for his suggestion on the drafting of ordinances; asked for the status of ordinance of live bands in residential areas; asked for status on repair of valves in Lake Louise.
Anthony Lombardo, Arnold Avenue: Point Pleasant is inviting the public to attend union negotiations; asked what’s going on with the dredging; asked that litigation matters be listed on the agenda; asked about the status of sewer line damage and who paid for the videotaping of it; asked how much money was spent on Mike Gardner’s certification, how much raise he is getting for it and how much will be saved on flood insurance because of it.
Bill Knapp, Harvard Avenue: asked if we have an interface to the people who are dredging Lake Louise and if Administrator Riehl is monitoring them – two of the joined pipes are leaking significantly.
Max Gagnon, Parkway: costs $225,000/month for police to be on the Boardwalk, times 3 months – collect this money from the Boardwalk and budget problems are over – if they won’t pay, close them at midnight.


The meeting was adjourned at 10:47 P.M.

Transcribed By: Eileen Farrell, Deputy Clerk

Attest: Maryann Ellsworth, Municipal Clerk

Published February11, 2010 | Council Minutes | 960

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