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December 15, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34PM 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 Hennessy, to enter closed session to discuss two litigation matters, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Closed session started at 6:35 P.M. and ended at 6:57PM

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

Department Head memos and correspondence were discussed with items moved to agenda for action; Administrator Riehl: entered results of Bond Anticipation Note sale into the record – great interest rate of .9645% – when note matures, total interest payable is $84,659.

Mayor Barrella called the regular meeting to order at 7:36PM. 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.

Patrick English, Chamber of Commerce President: got $8,400 bill for police services for Seafood Festival – spent 31 years in law enforcement – astounded Chamber paid for 50 officers/hour on a 16-hour day – paid for 2 dispatchers and 2 people giving tickets – Chamber works for the betterment of businesses in Point Pleasant Beach – town will have problem if it loses Boardwalk or business district – Chamber doesn’t make money – all volunteer – one person makes full salary and one makes half salary – Chamber lets town use their sign, etc. – going from a $1,200 bill to $8,400 is ridiculous – when he worked in Highland Park, Chamber was never billed – also spoke about the $6,000 bill they received for Christmas Tree Lighting event, after town gave them $5,000 – would like to give the $5,000 back and save the $1,000 for the Chamber – asked Council to consider reducing the bill – proposed a bill of $4,000 that Chamber could pay upfront – if you ask vendors to pay more money, they’re not going to come here.
Councilman Hennessy: asked Chief for explanation on how bill went from $1,200 to $8,400 (in the past, it was capped at $1,200 – this year, were told to bill any additional officers put on for the Seafood Festival at $15/hour per officer and that’s how it was calculated – based on about 500 hours, including Winefest – going to put the same amount of officers out every year – comes down to what’s coming back to the town) if Council agrees to $4,000, not fair to taxpayers.
Mr. English: appears to be a lack of support from town toward businesses – Asbury Park, is still on the way down because businesses have left and the new ones haven’t taken up the slack – asked Council to work with the businesses.
Councilman Cervino: Chamber can do things differently, knowing these expenses will be incurred – believes people who attend the Seafood Festival should be charged.
Mayor Barrella: Chief did what he was instructed – asked if there were 2 dispatchers on that day – we have a dispatcher 24/7, don’t’ think they should get billed for both.
Councilman Lurie: asked, while Special Officers are charged out at $15/hour, how much they are paid (hourly rate is $11, roughly) asked if $8500 was town’s actual cost (very close – use the checks that come in to reimburse the salary accounts – were originally told to bill at $50/hour).
Mayor Barrella: may set a bad precedent to reduce a bill – may be alternatives – Council should address through budget process – may be better to handle the issue in the confines of the fiscal support the town gives the Chamber.
Mr. English: let’s start with the premise that you raised the bill over 500% – then maybe talk about cutting it.
Mayor Barrella: that’s something the Finance Committee will have to sit down with Ms. Riehl and work through – one of the first things that need to be addressed.

Mayor Barrella: proposed set of committees for next year was distributed – statute says he’s responsible for putting list together and nominating people for these committees – ultimately it’s Council’s decision, so he asked for their input – proposed representatives of both parties on every committee, took into consideration Council requests and Council seniority, with Council Members Cervino and Councilwoman Tooker being the senior members.
Councilman Hennessy: read his own list of bi-partisan committees (Mayor Barrella: appreciates the effort put in – will consider).
Attorney Gertner: from statute “There shall be a standing committee of the Borough Council for each of the six departments referred to above. Each standing committee shall be composed of three members of the Council appointed by the Mayor and approved by majority of Council at the organization of the Council to serve until the next organization meeting of the Council. One member shall be designated Chairman. The Administration of Borough departments by the Council shall be conducted through its standing committees.” – technically, it’s an advice and consent thing – Mayor is obligated to take Council’s prerogative into account – from a parliamentary perspective, it’s simpler if you know where the votes are.
Mayor Barrella: ultimately, my responsibility for nominating these committees – my responsibility to put forth committees that serve the Borough in the best possible way – Council is free to make changes – there are some things here that I don’t believe are in the best interest of the Borough – will work with Council to build a consensus – Councilman Hennessy should chair Finance Committee, having worked on it last year, and Councilman Lurie, a professional engineer, should Chair Inspections, License and Building Code – suggested that he sit with Councilmen Cervino and Rizzo to work this through.

Mayor Barrella called the regular meeting to order at 7:35PM. 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.
Mayor Barrella requested a moment of silence for Attorney Gertner’s uncle who passed away last week.

Greg Moberg was presented a proclamation commending him for his many years of service to his community, in particular his 17 years of service on the Board of Adjustment.

Councilman Cervino: explained that back in May of 2009, Point Pleasant (the “Boro”) and Point Pleasant Beach (the “Beach”) Councils passed resolutions to work together to take advantage of benefits of cost sharing, under a program called SHARE (Sharing Available Resources Efficiently) – idea is to cut costs through consolidation, benefiting the taxpayers of both communities – idea of feasibility study is to determine the probable specifics for consolidation in hopefully five areas – working with courts has already begun – Boro court has been displaced, due to construction, and will hold court sessions in the Beach – working out an agreement to bring their court here – other areas would be construction, code, sub-code and police with emphasis on dispatching.
Councilman Hennessy: explained financing – grant would be $20,000 between the Boro and Beach with each town contributing a $1,000 cash and $1,000 in-kind contribution.
Councilman Cervino: to date, officials from both communities have met several times (Council Members Cervino, Hennessy, Rizzo and Councilman-Elect Dyer) – had approximately 4 meetings with DCA representatives – Mayor was instrumental in having a work force audit completed for the Police Department – one was also done in the Boro – have been accumulating information with respect to staffing, costs, pensions, benefits – looking at collective bargaining agreements, operating differentials (ex. have CO’s and mercantile licenses in the Beach but not in the Boro).
Councilman Hennessy: explained power-point graph denoting construction revenues and expenditures back to 2006 – with the exception of the Beach in 2007, expenses have exceeded revenues.
Councilman Cervino: excited about impact on the 2010 budget and opportunities with respect to court services and late night dispatch – will have roundtable discussions with both public and personnel – expecting to receive feasibility grant then will be looking to receive implementation grants.
Councilman Hennessy: each implementation grant, in the three specific areas of dispatch, court and building & code, would have a ceiling of $200,000, for a possibility of up to $600,00 in grants.
Councilman Cervino: addressed long term goals – facing serious budgetary issues this year – cap reduction, reductions in State aid, rising health care costs, deferred benefits payment – suggested Council consider public negotiations with bargaining units – there is a perceived savings of $550,000 between the two towns.
Mayor Barrella: thanked all – back in 2008 sat with representatives from Brick, Point Pleasant and Toms River and Council passed a shared services resolution – good to see we’re getting this together and appreciate your efforts – need to share services – one of the things that has helped to move it along is that the Boro is up against it with the loss of their facilities – hope this effort will advance what was started back in 2008 – using Boro attorney and Boro auditor and asked about using Beach professionals – concerned their primary concern will be to look after what’s best for the Boro and not the Beach.

Motion by Councilman Cervino to approve the minutes of the August 18, 2009, August 26, 2009, September 1, 2009 and September 15, 2009 Council Meetings, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA
Councilman Lurie….Abstain on all as he was not present
Councilman Dixon….Abstain on August 26th minutes only as he was not present
Councilman Hennessy…. Abstain on September 1st minutes only as he was not present

Ordinance 2009-38 (Identity Theft) 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 Cervino, to close public hearing and adopt Ordinance 2009-38, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon….YEA
Councilman Rizzo….NAY

Ordinance 2009-39 (TWU Salary Amendment) was considered on second reading. Mayor Barrella opened hearing to the public.
Ben Dispoto, Parkway: asked if this was the same person that was discussed at last Council meeting.
Vince Castin, Trenton Avenue: asked for clarification (correcting salary range for one title).
Motion by Councilman Cervino, to close public hearing and adopt Ordinance 2009-39, was seconded by Councilman Dixon, and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-40 (Water/Sewer Amendment) 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 Cervino, to close public hearing and adopt Ordinance 2009-40 was seconded by Councilman Hennessy, and carried by the following roll call vote:
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Clerk Ellsworth added one item to consent resolutions listed below; Vince Castin, Trenton Avenue: asked about purchase order to Allister and water/sewer bill adjustment; Ben Dispoto, Parkway: asked which fire house fire truck would go to and if there was a trade-in; Dave Cavagnaro, Parkway: asked where money for Lake of Lillies dredge would come from – asked if there were any agreements on private part; Bill Knapp, Harvard Avenue: asked what payment to Johnson Realty was for; John Szafranski, Yale Avenue: asked if Ocean Avenue curb improvement project was completed; Stewart Fischer, Harvard Avenue: asked about several payments on computer voucher list; John Szafranski, Yale Avenue; asked for detail on Attorney's bill; Marilyn Burke, Central Avenue: asked about lease payment for copier.
Motion by Councilman Hennessy, to close public participation and approve resolutions covering the items listed below, was seconded by Councilman Lurie, and carried by the following roll call vote:
a) Cancel unexpended balance of budget appropriation ($65,000)
b) Transfers between 2009 budget accounts ($50,400)
c) Approval of November hand checks ($1126.03)
d) Payment to Maxor Plus for employee Rx benefits ($25,915.79)
e) Payment to Pitney Bowes for postage ($3,287.71)
f) Payment to Brick Utilities for November bulk water usage ($43,258.74)
g) Refund Planning Board escrow ($506.25)
h) Refund road opening bond ($1,000)
i) Payment to CMX from Board of Adjustment escrow ($945.58)
j) Payment to Fire One for annual testings ($2,820)
k) Payment to Johnson Realty for consulting services on tax appeals ($19,500)
l) Payment to All Hands Fire Equipment for Fire Co. #2 ($3,614.74)
m) Payment to Galvin Law Firm from Planning Board accounts ($1,707.50)
n) Refund Board of Adjustment escrow ($72.50)
o) Payment to Galvin Law Firm from Board of Adjustment Accts ($1,007)
p) Refund of dewatering bond for 111 Central Ave. ($500)
q) PO to Lawmen Supply for police weapons ($3,512.92)
r) PO to Allister Business Systems for Kyocera copier ($10,716)
s) PO to Waterway Inc. for Fire Company hose testing ($3,628.25)
t) Payment to Pedroni Fuel for diesel fuel ($6,327)
u) Payment to Earle Asphalt for CDBG Ocean Ave curb improvements ($85,644.60)
v) Payment to All Hands Fire Equipment for turn out gear ($14,815)
w) Payment to PL Custom Body for repairs to engine ($8,482.56)
x) Refund road opening bond ($1,000)
y) Approve forms and authorize EIT sale for Lake of the Lillies dredge bond
z) Authorization to execute EIT loan agreement for Lake of the Lillies dredge project
a) Approval of computer generated vouchers ($294,339.47)
b) Water/Sewer adjustment
c) Payment to Sensus for water meter equipment ($15,849.64)
d) Change Order #1 to Earle Asphalt for NPP/CDBG curb improvements ($18,000)
a) Award of contract to Absolute Fire for rescue pumper fire truck ($538,190)
b) Payment to Dell for quad core server ($3332.52)
c) Approval of computer generated vouchers ($94,822.83)
d) Approval of Payroll #26 ($228,000)
e) Establish Council meeting on 01/05/10 at 5:30 P.M.
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

After discussion on matter, motion by Councilman Cervino, to table action on request from Christopher Mega for Newark Avenue street opening in order to install gas line, was seconded by Councilman Lurie and carried by the following roll call vote.
VOTE: Council Members Lurie, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA


Councilman Lurie: thanked Councilman Dixon for great job he’s done on Council – will be missed; Borough Attorney job pays between $125,000 and $170,000 a year – time, based on this economy, to conduct interview process – recommended holding appointment until after formal interview process in front of public – have contract negotiations coming up – need to make sure we have the best attorney possible – upon questioning regarding interviewing other professionals, best theory is to go out to bid on engineering projects after appointing a list of special project engineers.

Councilman Hennessy: congratulated Point Pleasant Beach High School senior, Brianna Fierst, for her accomplishments in making 1st All Shore Cross Country Team and 1st All State team; congratulated Sharon Cadalzo for being named Chamber of Commerce Volunteer of the Year; been in contact with County about shared service and costs to move dispatch to County 911; according to Asbury Park Press article, Ocean County Freeholders have eliminated 60 positions through attrition and may consider lay-offs in 2010.

Councilwoman Tooker: congratulated Sharon Cadalzo on her award; thanked Councilman Dixon for his service to the town; was on BOA with Greg Moberg, who was always a great leader and great Board member; always thought if we had some sort of central purchasing and bought in bulk, would get better pricing; met with CRAB group – would like to meet with Administrator regarding some issues there; gave kudos to colleagues regarding shared services – asked to be kept in loop; thanked Committees and Commissions for working on newsletter articles; been working with Garbage Committee; AWC has kittens to be adopted – had County inspection of trailers.

Councilman Cervino: congratulated Brianna Fierst and Sharon Cadalzo; one of joys of this job has been sitting beside Councilman Dixon – need to have intensity and passion, which John has always provided – he told it like it is – thanked him for his service; Open Space is proceeding with Shade Pavilion; Beautification continues to do a wonderful job; asked Council to consider restoring at least one fifteen minute spot in front of Ralph’s Ices – those individuals have done a great deal for this town.

Councilman Dixon: have letter from Mr. Dispoto about the great job they did – filled out form to have them check his house while on vacation – while checking they found a gas leak at home next door; enjoyed his time on Council – learned a lot – until you sit here, you don't know how it works – good learning experience – every member of the Governing Body does their best for the town – have two excellent executives in Maryann Ellsworth and Christine Riehl – should give them encouragement once in a while – will miss it and appreciate everyone’s support.

Councilman Rizzo: thanked Councilman Dixon – was a pleasure sitting next to him – wished him the best; thanked people for anonymous complaints – tried to handle them, not always getting all the answers – got calls about paint cans at curbs – unregistered vehicle on lawn was finally covered when I rode by today; still requesting anonymous complaints – will go forward if factual.

Mayor Barrella: thanked Councilman Cervino for presentation and Council members who participated – not an easy thing to do – not always a great fit; asked how many employees we have and how many County employees there are; taping Comcast Newsmakers on Thursday; past few years have seen one of the roughest economic downturns in recent history – local governments are not immune from that crisis – if State doesn’t send municipal aid out, it forces towns to raise property taxes and we don’t want to do that – one idea was local option taxes – would allow local communities to generate revenues solely for the town – currently 43 states throughout the country have local option tax – most shore towns have a beach utility, while we don’t – our residents can only take so much – those comments were made by Mayor Ryan of Lake Como, not Mayor Barrella of Point Pleasant Beach – currently 56% of the State’s Mayors are now in favor of what I’ve been advocating since my campaign (in 2007) – hopefully, joined with the efforts of Mayor Ryan, we will be able to move this forward – expanding your revenue base will provide real property relief without dramatically having to cut services – obviously need shared services, though; pleasure serving with Councilman Dixon.

Administrator Riehl: No Report


Stewart Fischer, Harvard Avenue: questioned Attorney Gertner’s purchase orders, especially one for $77.25 for 60 Harvard Avenue, his home.
Dave Cavagnaro, Parkway: thanked Councilman Dixon for service to community; thanked Councilmen Cervino, Hennessy and Rizzo and Councilmen-elect Dyer for their work on shared services; thanked public works for hard work – spoke about problem with using leaf sucking machine due to State regulations.
Tom Highton, Parkway: spoke regarding Chamber request and special event costs; thanked Councilman Lurie for suggestion on interviewing attorneys in public; spoke about allowing public to view negotiations, finance and budget meetings; spoke about need for option taxes – congratulated Mayor for thinking outside of box; thanked Councilman Dixon for his service.
Anthony Lombardo, Arnold Avenue: Jackson got rid of whole building department because it was not self-sufficient; asked about sewer/water ratio, now that sewers have been redone; asked if anyone surveyed how local merchants feel about Seafood Festival; congratulated Councilman Dixon.
Ben Dispoto, Parkway: thanked Councilman Dixon for all his work; apologized to Councilman Cervino; asked about single stream recycling and when the County would be ready; asked if final payment was made by Risden vendor; spoke about Seafood Festival, including Chamber police fees, vendor fees and tipping fees for additional refuse; asked about 2010 meeting schedule; talking about saving less than 1/10 of 1% with shared services; spoke about lack of openness and transparency among Council members – everyone should be kept in loop as all were elected by residents.
Steve Ardito, Bay Avenue: thanked Councilmen Cervino and Hennessy for shared presentation – asked about money loss in building departments and if that’s the only department looked at in that manner.
Vince Castin, Trenton Avenue: thanked Councilman Dixon for his service.
Bill Knapp, Harvard Avenue: thanked Council Dixon for his service; charging 25 cents/head for the 60,000 visitors to Seafood Festival would generate $15,000; talked about transparency in government; asked about including DPW in shared services; thanked Mayor for looking at local option taxes.
John Szafranski, Yale Avenue: budget made up of revenues and expenses – commended Councilman Lurie for hotel tax and Mayor for local option tax; should charge for police services at concerts and fireworks.
Kristin Hennessy, New Jersey Avenue: thanked Councilman Dixon for service; thanked Administrator Riehl for going above and beyond her duties with AWC and rabies outbreak; thanked Councilmen Cervino, Hennessy, Rizzo and Councilmen-elect Dyer for astute and diligent work pursuing shared services with the Boro; suggested extending Councilwoman Tooker’s suggestion on central purchasing to sharing with the Board of Education (BOE); asked Council to consider other shared services with BOE, such a grass cutting; commended Mr. Dyer for already speaking with school administration; Environmental Commission will be hosting Sustainable Jersey program on January 20 – seeking representatives from cross section of community (Council, municipal departments, BOE and all phases of community) to serve on local Green Team.
John Bezerra, Griffiths Avenue: asked if Chief had notified Chamber of how many man hours were used in previous years; asked Council to reconsider and give Chamber a break.


The meeting was adjourned at 10:16P.M.

Published March03, 2010 | Council Minutes | 968

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