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December 1, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35PM with Mayor Barrella and Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, and Rizzo present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Lurie, to enter closed session to discuss one potential litigation and one personnel matter, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Closed session started at 6:37 P.M. and ended at 7:04 PM.

Motion by Councilman Cervino, to come out of closed session was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Scott McFadden, President of Birdsall Engineering spoke about the status of Lake Louise dredging: about 25% complete – confident will make end-of-month deadline – pursuing 2 week extension with DEP – pipe rerouting going well – asked that occasional leaks be reported, and they’d send someone out right away.
Stewart Fischer, Harvard Avenue: asked how deep dredging is going - if dredging the whole thing (Mr. McFadden: not just a donut – priority was to clear around the residential areas first – the rest will be done in accordance with specifications; Mike Sinnema, Birdsall Engineering: DEP and Army Corps of Engineers authorized depths of – 4 feet at mean low water).
Anthony Lombardo: Arnold Avenue: asked if there will be additional expenses for rerouting the pipe (Mr. McFadden: yes, since not as specified in contract; Mayor Barrella: change order approved at last Council meeting) asked for clarification if it was in litigation (Attorney Gertner: goes into litigation strategy – were briefed on and will have further discussions on potential issues as to whether it would be cost effective to recoup).
Vince Castin, Trenton Avenue: someone with contractor’s expertise should have foreseen the problem – should not have to pay.

Anne Lightburn, Open Space Committee: asked Council to authorize Inlet Shade Structure and capital fund drive to pay for it – asked to use money from Open Space Trust Fund.
Mayor Barrella: assuming Committee is looking for roughly $800 of estimated cost to cover artist rendition and printing, to help raise money.
Anne Lightburn: correct – have $1,000 in current year’s budget.
Councilman Lurie: will need CAFRA permit, etc. – no problem with it, as long as it’s not taxpayer money.
Councilwoman Tooker: nice concept – have to do something – doesn’t want to take away from the Fisherman’s Memorial, which is a sacred place for some people.
Anne Lightburn: best position is near the parking lot, close to the water – would probably be about 50-60 feet from the memorial.
Attorney Gertner: must have a contingency plan for funds raised and not used – don’t want to get backed into having to match funds or spend the money.
Mayor Barrella: need a consensus that we are in favor of allowing Open Space to go forward, subject to Council’s caveats – asked if a more formal resolution is needed.
Attorney Gertner: there are tax ramifications to a non-profit also – you want to approve the fund raising literature – asked Councilman Lurie to look at it, because he knows what contingencies could arise in the building process.
Anne Lightburn: has to be commitment on part of the Council to go forward.
Mayor Barrella: think it’s there, but we’re not promising to make up the difference.
Councilman Dixon: asked if donors would have first shot, over those on the current waiting list, for benches - has a problem with memorial benches – they’re all over – town is starting to look like a cemetery – maybe use them to thank the donors.
Mayor Barrella: you need to spend the $800 for artist rendition and printing costs – before starting to raise money, touch base with Council.
Attorney Gertner: will work with Councilman Lurie on language.
Anne Lightburn: will have Council approve all material.

Administrator Riehl: spoke about DPW Superintendent Trout’s memo asking to suspend paper collection on bulky waste collection days, 4 times per year. Consensus was to approve.
Councilwoman Tooker: just concerned about letting people know (Administrator Riehl: can go on the web site and in the newsletter).

Department Head memos and correspondence were discussed with items moved to agenda for action.

Administrator Riehl: spoke about MAC Coordinator position – were without a coordinator for 2009 – couldn’t find someone to fill the position for the salary offered – have had 3 individuals come forward who would be interested – this item has not been in the budget – would have to be in addition to the budget – there is a local match of about $6,000 required for salary.
Councilman Hennessy: confirmed that Borough has been operating through 2009 without a MAC coordinator.
Administrator Riehl: bigger events have been run without them – Project Graduation, Town-wide Garage Sale and Easter Egg Hunt
Councilwoman Tooker: (former MAC Coordinator) Marie Kurtzke has been stepping in and doing them.
Councilman Dixon, MAC liaison: do a lot of in-school drug and alcohol awareness programs – thinks they can be done through other avenues, like the police department – it’s not a bad deal, but if everyone’s worried about spending money –can possibly do without it – the main things are being done by the same people who have been somewhat involved with the MAC Committee prior to this – a lot of paperwork – hard to get someone - it’s up to Council.
Mayor Barrella: we’ve got interest now from people.
Councilwoman Tooker: that was the problem – the paperwork was so onerous - confirmed that if we continue the programs, don’t have to do the paperwork because we wouldn’t be getting the grant from the county – perhaps it could be more under Recreation – it’s a lot of work for Mrs. Kurtzke, who doesn’t even have students in the school anymore.
Councilmen Cervino, Hennessy and Lurie asked that this be HELD.

No action was taken on CMX memo RE: NJDEP Recreation Trails Grant - unclear what the Engineer had in mind for the grant.

Mayor Barrella called the regular meeting to order at 7:42PM. Present were Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, and Rizzo. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Councilman Dixon requested a moment of silence be observed for four police officers killed in Washington.

Motion by Councilman Cervino to approve the minutes of the August 4, 2009 Council Meeting, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Councilman Lurie….Abstain

Ordinance 2009-36 (Special Event Advertisement) was considered on second reading. Mayor Barrella opened hearing to the public.
John Szafranski, Yale Avenue: both charitable and non-charitable organizations should fill out Special Event applications and Borough should determine necessary services and charges (Clerk Ellsworth: explained process already in place; Attorney Gertner: this amendment places penalty on those who don’t follow ordinance to provide notification – they can’t apply for 2 years and could be issued a summons) asked for copy of application (it’s on the web site).
Dave Cavagnaro, Parkway: thanked Council for this ordinance.
Ben Dispoto, Parkway: asked what constitutes a Special Event (Mayor Barrella: requirements for local charitable organizations should differ) public doesn’t read public notices in newspaper – organizations should put an ad in “Ocean Star” (Attorney Gertner: can include sample form of advertisement – can solve the question administratively; Mayor Barrella: still concerned for Little League, High School, etc.; Clerk Ellsworth: been trying to put Special Event information on the web site) those without a computer should not be disenfranchised – asked if Boardwalk events are covered by this (Clerk Ellsworth: not if they’re not using Borough property – if Borough starts approving fireworks, it opens itself to liability; Attorney Gertner: agreed) Boardwalk is a public street (Clerk Ellsworth: organizations who use the Boardwalk file an application and pay fees; Mayor Barrella: Easter Parade would fit the Special Event category – need to look at definition of Special Event) should do that before passing this (Attorney Gertner: all this ordinance does is add a penalty for failure to advertise) reiterated need for advertisement in “Ocean Star” rather than just a legal ad (Councilwoman Tooker: asked if requirement could be waived on a case-by-case basis; Councilman Dixon: suggested “Ocean Star” could waive the fee).
Anthony Lombardo, Arnold Avenue: asked if Special Event costs come close to what is anticipated (Captain O’Hara: hours and number of officers used are pretty accurate –invoice is sent after the event) asked why Chamber of Commerce was at a meeting asking for $7,200.
Dave Cavagnaro, Parkway: doesn’t know of any charitable event that “Ocean Star” isn’t gracious enough to do a little human-interest e story on – nobody really has to pay for a special ad – just send a news blurb, with route included, to “Ocean Star” – they print it.
Jeff Dyer, New Jersey Avenue: asked if police charges are above and beyond the number of police normally on that day (Captain O’Hara: yes – charged for the amount of additional officers the event is requiring) agreed with Mayor Barrella that Special Event must be defined – leaving it open to interpretation is not the way to go – might want to exclude Little League or school functions; Mayor Barrella: we have a definition of a Special Event – Little League parade fits it – Council needs to be aware of who the ordinance will affect; Attorney Gertner: definition remains – this ordinance affects just one section) confirmed that Little League, schools already apply for Special Events.
Motion by Councilwoman Tooker, to close public hearing and adopt Ordinance 2009-36 was seconded by Councilman Dixon and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Councilman Lurie….ABSTAIN

Ordinance 2009-40 (Water/Sewer Amendment) was introduced on first reading.
Motion by Councilwoman Tooker, seconded by Councilman Hennessy, and carried by the following roll call vote, Ordinance 2009-40 was approved on first reading. The public hearing will be held on December 15, 2009.
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Clerk Ellsworth added several items to consent resolutions listed below; Councilman Hennessy: asked for additional information on Consent Resolution 5, item ‘f’; Ben Dispoto: asked if money is going in or out on Consent Resolution 5, item ‘a’.
Motion by Councilman Lurie, 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) Authorization to transfer interest from escrow to collector’s account
b) Amusement Games License Renewals (22)
c) Payment to Sobieski for tax appeal refund ($1625.64)
d) P O to Law Enforcement Tech for Sonicwall and firewall installations ($4070)
e) Payment to MES for fire company equipment ($2594)
f) P O to Waterway for hose testing ($3628.25)
g) Payment to Maxor Plus for employee Rx benefits ($24,441.63)
a) Chapter 159 – Recycling ($9494.97)
b) Approval of Payroll #25 ($221,192.93)
c) Authorization to advertise surplus vehicles for sale (4)
d) Appointment of Seasonal Class II Special Officers (6)
e) ABC Social Affair Permit for Durand Masonic Lodge on 1/30/10
f) Application from Shade Tree for NJ BSF Grant for Tree Hazard ID Plan
g) Award contract for front end loader to Jesco, Inc. ($73,335)
h) Authorization to advertise RFPs with caps due on 12/23/09
i) Authorization for Open Space Committee to proceed with artist’s rendering of Shade Tree Structure and preparation of fundraising literature, to be approved by Council
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

RESOLUTION 3: Authorization to hire replacement Payroll Clerk, was considered.
Administrator Riehl: asked to amend Resolution 3 for authorization to hire a part-time Payroll Clerk – spoke with Council and staff – will work together to get it done on a part-time basis (Attorney Gertner: authorization is to advertise for that part-time position to existing Borough employees; Councilman Cervino: so there’s a possibility that someone could move laterally).
Mary Olsen, Laurel Court: asked if part-time employee would be receiving full benefits.
Vince Castin, Trenton Avenue: asked if there would be any increase in costs to Borough – questioned what would be occurring (Attorney Gertner: this is a civil service title and one-person department – someone must have that job duty; Councilman Dixon: asked what happens to the position vacated by the person moving over; Councilman Hennessy: essentially, taking a full-time position off the books and filling it with a part-timer who already works here; Administrator Riehl: title is Clerk Typist) confused how a highly qualified position could be filled by a Clerk Typist.
Dave Cavagnaro, Parkway: thanked Administrator Riehl for coming up with nice compromise.
Anthony Lombardo, Arnold Avenue: time to do our own thing - civil service is ancient.
Ben Dispoto, Parkway: asked if current full-time position could move to this part-time position, while keeping the full time job, and if a retiree could apply for the job, and about sending someone in from an outside service.
John Szafranski, Yale Avenue: asked how many part-timers are on staff and if the jobs can be combined.
Marilyn Burke, Central Avenue: commended Administrator Riehl for going out of her way to help the residents of this town.
Stewart Fischer, Harvard Avenue: asked what union the Water-Sewer Clerk belonged to – union applies to full (32.5 hours) and part-time employees – they are entitled to all the benefits – suggested this be tabled.
Motion by Councilman Lurie, to close public participation and approve resolution listed below, was seconded by Councilwoman Tooker, and carried by the following roll call vote:
RESOLUTION 3: Authorization to hire part-time replacement Payroll Clerk
VOTE: Council Members Lurie, Hennessy, Tooker….YEA
Councilmen Cervino, Rizzo….NAY
Councilman Dixon….NOT VOTING (not present for vote)

RESOLUTION 2: Authorization to hire replacement Communications Operator, was considered.
Mayor Barrella asked that resolution be tabled, as new Council coming on needs to be involved in the hiring decision of a permanent position.
Councilman Hennessy: agreed – would like results of DCA study – Councilman-elect Dyer should be included in decision – lengthy process ahead of Finance Committee.
Councilman Lurie: should be voted on – costing money and safety of residents.
Councilman Hennessy: doesn’t make sense to hire a full-time employee when there could be layoffs next year.
Councilman Dixon: Chief has made it clear it needs to be filled – doesn’t know what difference it would make to wait a month.
Councilwoman Tooker: she and Councilman Hennessy met with Chief DePolo and Capt. O’Hara – statutorily not allowed to tell them where to put their officers – not creating a new position, just filling a vacancy –putting the department and pubic in a tenuous position – need person who is properly trained in the position and not rusty.
Councilman Hennessy: have to become more efficient and reduce payroll – attrition is the way to do that.
Capt. O’Hara: currently, putting someone on overtime, public is being put in jeopardy – only saving $5K, losing revenue, and public isn’t getting service they expect.
Councilman Hennessy: disputed that there are only 2 officers on the road at night and
asked about dispatcher training.
Capt. O’Hara: a couple hundred hours – also, can’t replace full-timer with part-timer on a regular basis because it violates the collective bargaining agreements.
Vincent Storino, Fire Chief, on behalf of Board of Fire Officers: police department does a good job, but when a police officer is on the desk, they cringe – on the past couple calls, first aid and utility companies were not dispatched because the officer just didn’t know – asked that something be done in the interim if this is tabled – it’s very important to fire department and safety of town to have a dispatcher.
Marilyn Burke, Central Avenue: congratulated Councilman Lurie on his election – read something from his platform - asked that he not let voters down.
Brian Schliep, Forman Avenue, on behalf of First Aid and Rescue Squad: seconded Mr. Storino’s comments – cited examples when First Aid was not dispatched and should have been – could result in serious situation for first responders or public.
Anthony Lombardo, Arnold Avenue: last week, Chief said all his patrolmen are trained – was contacted by Chief Richardella from DCA, who is doing survey of police department – won’t get results for another 30 days – occasionally, sees 5 patrol cars respond to an incident - asked about re-adjusting shifts – asked Councilman Dixon how many officers are in Roselle, where he works – shouldn’t be hiring anybody, in case study indicates people have to be let go – people can’t afford all these taxes – civil service and unions are choking us.
John Szafranski: suggested people be rotated, as when he was in business.
Vince Castin, Trenton Avenue: explained COLA (Cost of Living Adjustment) – did not get salary increase last year, as most employees did, but did get a tax increase – hard to understand justification for hiring – should be consolidating and increasing efficiency – should implement a hiring freeze.
Carol Vaccaro, Lake Terrace: asked if First Aid wasn’t at a call they needed to be at, would it open the Borough up to a lawsuit.
Jay Reynolds, Long Point Lane: asked if seasonal, part-time officers could be trained to do dispatch.
Capt. O’Hara: some are, and help when there are big events – it’s a classified position in TWU bargaining agreement – if Council chooses to table or not appoint, there will be more overtime between now and until that position is filled.
Councilman-elect Dyer: if we put a special in that position, they would have the proper training – dispatchers in other towns do the same job for $23,000/year starting salary – Council must look into these things next year – the benefits that are over and above what you’re trying to compare to overtime – asked Council to wait until next year – not proper to force this through at the year end – Corporations are doing more with less. Commended Administrator Riehl for looking at an alternative.
John Morrongiello, Atlantic Avenue: asked Capt. O’Hara if Borough has a mutual aid agreement (if we have to call another town for assistance, they will assist, if they have available manpower) that position should not be filled because there is an alternative (calling another town is not something that can be done every day – and response time could make a difference between life and death) spoke about similar situation in the Bronx (this isn’t the Bronx – we’d have to go to a different town) should get mutual aid with an officer as well (can’t bring in from other towns on a regular basis) can present mutual aid agreement from Monmouth County (talking about regionalization of departments).
Stewart Fischer, Harvard Avenue: asked if anyone has a copy of the PBA contract – Mayor and Council is responsible for the hiring and scheduling of police officers.
Ben Dispoto, Parkway: registered house with police while on vacation – police smelled a gas leak at house next door – saved a disaster – these are the kinds of services officers on the street provide – when it’s safety vs. efficiency, err on the side of safety.
Anne Lightburn: asked Council to table or not appoint tonight – campaigned with Councilman-elect Dyer – overwhelming sentiment is that there are too many police – can get an officer to fulfill this function and do the same job with less (Councilman Dixon: asked, of all the people she spoke to, how many work in the police field) Freehold moved their dispatch to Monmouth County program and saved $600,000/year (Councilman Lurie: will take years to do that) necessity is the mother of invention.
Frank Carey, Briarcliff Avenue: sounds like this position falls under category of essential personnel – Council can cut Chief’s budget and he can figure out where to cut – by spending overtime, you’re spending more than allotted for that position.
Bill Knapp, Harvard Avenue: thinks it would be irresponsible to make decision tonight, prior to getting report back.
Motion by Councilman Dixon to close public participation was seconded by Councilman Hennessy, and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Capt. O’Hara: sentiment is that public wants to get rid of this position and save $60,000 – Council can decide to cut the Police budget by $60,000, but by not hiring this Communications Operator, you are dictating to the Chief what public safety issue he’s going to lose, whereas, if you include it in the budget, the Chief will make due – Communications Operator is an essential position – Chief Richardella, from DCA, who is doing the survey feels Communications Operators are essential – let trained professionals, who’ve been here for 25 years, run the department.
Mayor Barrella: asked how much training is involved if we hire this Communications Operator (already trained) - confirmed that if Council decides to cut position next year, it can.
Motion by Councilman Hennessy to table the resolution until next year, was seconded by Councilman Rizzo, and defeated by the following roll call vote:
VOTE: Councilmen Hennessy, Cervino, Rizzo….YEA
Council Members Lurie, Tooker, Dixon and Mayor Barrella….NAY
Motion by Councilman Dixon, to hire replacement communications operator as per the attached resolution, was seconded by Councilman Lurie, and carried by the following roll call vote:
VOTE: Council Members Lurie, Tooker, Dixon and Mayor Barrella….YEA
Councilmen Hennessy, Cervino, Rizzo….NAY

RESOLUTION 4: Establish a hiring freeze, was considered.
Anthony Lombardo, Arnold Avenue: put the cart before the horse, talking about a hiring freeze after hiring people – asked if Capt. O’Hara is essential or non-essential and if someone would be hired if he retired.
Joellen Arrabito: supports police but disappointed in decision to hire Communications Operator – not everyone in town is doing well, as Councilman Dixon said earlier.
Ben Dispoto, Parkway: should consider hiring freeze – restructure workforce and see about regionalization moving forward – have to draw line somewhere – maybe jobs shouldn’t be classified should just have employees – that’s where efficiency would come in.
Kristen Hennessy, New Jersey Avenue: thanked Councilmen Hennessy, Cervino and Rizzo – asked what Communications Operator salary would be next year and how much health benefits are anticipated to go up year – projected estimate is 26% for the state as a whole in 2010 – supports a hiring freeze until we get new Council – extremely irresponsible decision to replace officer.
Motion by Councilman Lurie, 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, Rizzo….YEA
Councilwoman Tooker: department heads should have to give worse case predictions and contingency plans – that’s how attrition works – in favor of hiring freeze until end of year – anything essential would come before Council anyway.
Councilman Hennessy: we just hired a $48,000 base salary employee with benefits and now we’re going to vote for a hiring freeze - asked how Council can say they’re for a hiring freeze when they just hired someone.
Councilman Cervino: Resolution 4 should have been considered first.
Councilwoman Tooker: would still be voting on anything we felt is essential and some of us felt the Communications Operator is essential.
Councilman Lurie: asked who prepared this – he just got it tonight at 6:30pm –there is no definition of “essential employee.”
Mayor Barrella: had no discussion about this – having a hiring freeze for a month is political grandstanding and an embarrassment to this Council.
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Motion by Councilman Cervino, to approve hiring freeze as outlined in attached resolution, was seconded by Councilman Hennessy, and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA


Councilman Lurie: a lot of Commercial properties on Channel Drive – recommended having Engineer see how many parking spots are there for meter purposes; asked about status of the residential parking pass – asked Council to consider as possible revenue generator for next year.

Councilman Hennessy: thanked DPW Superintendent Trout and laborer, Will Crate – full-time street sweeper, Pat Wilson retired and Trout and Crate did an in-house move – Crate is going to take over street sweeping – DPW took full time position off the books and never came to Council asking it to be filled – all Department Heads and Administrator Riehl need to step up and wake up – can assure you on January 1st, we will start.

Councilwoman Tooker: asked who is responsible for presence and condition of flags in town – someone should check them daily (Administrator Riehl: no one had been tasked with that – will be DPW from now on; Councilman Rizzo: was supposed to have been taken care of at last incident – months before incident at VFW Veterans Service) spoke with Mr. Deter and Mr. Castin about having electric put in the Veterans Park – asked Mr. Castin to contact Administrator Riehl to get that done.

Councilman Cervino: No report.

Councilman Dixon: understands need to reduce workforce and be careful with money being spent, but to compare Communications Operator to a street sweeper is ridiculous – Chief did a fine job last year and is sure he will come through with a plan this year that will be good for the town.

Councilman Rizzo: No report.

Mayor Barrella: asked what position Mr. Crate held before (Public Works Repairer – still have a vacancy in laborer position) that’s the kind of attrition needed – big difference between eliminating one skilled position and shrinking number of laborers or police officers.

Administrator Riehl: Ocean County Health Department did sight inspection on trailers in municipal parking lot – will have report in day or two – thinks it went very well.


Dave Cavagnaro, Parkway: spoke about DPW research on meters at Channel Drive and about permanently removing geese.
Frank Carey, Briarcliff Avenue: asked who’s in charge of street lights that are out in town; spoke about Municipal Alliance Committee – if Council is thinking about it for 2011, should start now – Recreation Committee might want to get involved.
Ben Dispoto: asked Councilwoman Tooker about County recycling program – single stream, paper, glass and plastic in the same container, would provide a great savings to DPW; asked why Board of Education doesn’t handle Project Graduation; thanked police and fire departments for service at incident near his home.
Vince Castin, Trenton Avenue: recited a poem he composed called, “It’s Seasonal.”


The meeting was adjourned at 10:28P.M.

Published March03, 2010 | Council Minutes | 967

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