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January 5, 2010


The Mayor and Council of the Borough of Point Pleasant Beach met at 5:31 PM with Mayor Barrella and Council Members Rizzo, Hennessy, Tooker, Dyer, Lurie, and Cervino present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Dyer, to call the roll from left to right, was seconded by Councilman Hennessy.
Discussion ensued on whose prerogative it was to set how the roll was called and the legality of the above motion. Attorney Gertner suggested that the roll be called in the same manner as the previous Council meeting, alphabetical order, while this issue was researched, and Mayor Barrella agreed to same.

Correspondence and professional appointments were discussed and moved to consent resolution for action.

Clerk Ellsworth added several items to consent resolutions listed below; no member of the public had any questions or comments.
Motion by Councilman Cervino, to adopt resolutions covering items listed below, was seconded by Councilwoman Tooker and carried by the following roll call vote:
a) Authorization to apply for shared services grant
b) Approval of Payroll #27 ($241,104.90)
c) P O to All Time Auto Body for repairs to OEM vehicle ($3400)
d) P O to Motorola for mobile police radios ($7,333.60)
e) Payments to CMX from Bd of Adj accts ($780)
f) Release dewatering bond – Kinney Pools ($1442)
g) P O to ID Superstore for dual sided printer ($2499)
h) Payment to Parts Plus for auto parts ($2647.89)
i) Payment to Pedroni Fuel for gasoline ($18790.08)
j) Payments to CMX from escrow accts ($214)
k) Approval of hand checks
l) Award contract to JAC Excavating for Lake of the Lillies dredge project
m) Appt. of Warren Korecky (Supplee, Clooney & Co) as Borough Auditor
n) Appt. of William Mayer (DeCotiis, Fitzpatrick, Cole & Wisler, LLP) as Bond
VOTE: Council Members Cervino, Dyer, Hennessy, Lurie, Rizzo, Tooker….YEA

Mayor Barrella: asked for an update on shared services; Councilman Cervino: discussed application for grant for police operations and services – in the process of collecting information in respect to the four areas discussed in the presentation; Mayor Barrella: asked if any decisions have been made affecting any particular employees – only fair if going to be making decisions affecting peoples’ lives that we let them know as early as possible that there exists a possibility that a change might be made - a common courtesy that I would hope we would extend to people who have devoted a major part of their career to Pont Pleasant Beach; Councilman Dyer: no decisions have been made - concerned with peoples lives and livelihoods - looking at all different departments as noted two meetings ago; Mayor Barrella: as chief executive officer would like to know what direction you’re going and what decisions are being made

Mayor Barrella: at the organization meeting, a question came up about mayoral appointments – the appointments were basically the same – asked what the problem was as it has been done this way for the last 50 years – when Council considered change to Parking Authority appointments, I was very specific in questioning whether this would affect any other power of the Mayor and the response was ‘absolutely not’ – if there’s a problem with the appointments, let’s work that out; Councilman Dyer: these things were never discussed with anyone up here - same thing that you want, open end discussions.
Motion by Councilman Dyer, seconded by Councilman Hennessy, that appointments to these committees, with the exception of the Planning Board, are Mayor recommendations with approval of Council (See Clarification to motion below).
Mayor Barrella: on December 15th put forth proposal for standing committees and an alternate proposal was presented by Councilman Hennessy - took his suggestions and a few days later, drafted a revision which was given to Councilman Cervino in hopes of sitting with Councilmen Cervino and Rizzo to come up with something that was mutually agreed upon – at least 2 days before reorganization meeting, sent e-mail to everyone with recommendations and asked for questions or comments – received none and assumed, if there was no interest in standing committee appointments, there was no interest in liaison posts and certainly not in make-up of committees which is solely within Mayor’s purview - don't know what affect this will have, if you want to take away the Mayor’s ability to make appointments to Mayoral Ad Hoc Committees - cautioned all that efforts that you make to emasculate the center seat, may come back to bite you in the fanny, since some of you may want this seat in the future; Councilman Dyer: just want to have fair discussions about these AD HOC Committees, especially ones, like Recreation, that have budgets that report to Council; Attorney Gertner: researched the matter – looked at Lavallette and Bay Head – with those committees that have budgetary responsibilities, they have created an ordinance to have advice and consent.
Mayor Barrella clarified that the motion was to draft an Ordinance; Councilman Dyer: yes
VOTE: Council Members Cervino, Dyer, Hennessy, Lurie, Rizzo, Tooker….YEA
Councilwoman Tooker: spoke with Mr. Fernicola about Tourism Advisory Committee (TAC) - need more representation from different segments of tourism, more variety as to business people; asked if Committees should continue working with those that were appointed last year.

Councilman Hennessy: came up with a meeting schedule, every three weeks on Tuesdays – would be more efficient and save the town some money; Mayor Barrella: asked to hold for review; Councilman Dyer: asked if there was a deadline to have dates set for the year – need to run these meetings more efficiently – need to be prepared – pretty significant cost with professionals that can be saved; Clerk Ellsworth will check on possible conflict with court sessions.


Councilman Cervino: extended Council’s best wishes to Jason Headley, public works employee who had an accident and lost the tip of one of his fingers.

Councilman Lurie: asked if Administrator Riehl and Clerk Ellsworth could work, in house, on proposed ordinance to prohibit ordinance draft by attorney without prior authorization from Council through resolution.

Motion by Councilman Rizzo, to re-institute hiring freeze as per attached resolution, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Cervino, Lurie, Dyer….YEA

Councilman Dyer: going to be serious year, finance-wise, on town, county and state levels - this might be one of, if not the most difficult budgets that this town and the Finance Committee will undertake - working very hard to do what we can to save money along the way, including shared services – aware that we are dealing with peoples’ lives and livelihoods - going to be some difficult decisions – going to have some open workshop meetings, some with public participation.
Mayor Barrella: asked if his input was going to be solicited or if he would be kept in the loop – need to start planning things – there’s no question that decisions that were made last year are going to affect what happens this year – gave offer of his assistance as both a CPA and tax attorney.

Administrator Riehl: No report

Mayor Barrella: asked those who were interested in Borough Attorney’s job to meet with Council in executive session – explained how appointments were done in 2008 and 2009, in a non-partisan manner with the involvement of the Borough Administrator and Court Administrator - Councilman Lurie will sit with him to interview engineering candidates.

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

Closed session started at 6:38 P.M. and ended at 7:34 P.M.

Mayor Barrella called the regular meeting to order at 7:45PM. Present were Council Members Cervino, Dyer, Hennessy, Lurie, Rizzo and Tooker.

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 Cervino, Dyer, Lurie, Hennessy, Rizzo, Tooker….YEA


Daniel Hennessy, New Jersey Avenue: explained how committee appointments were made during his tenure as Mayor – never made appointments to Planning Board without asking Mrs. Scharmann to call the roll; spoke about garbage on Ocean Avenue for four days over Christmas; problems out there and it’s going to take 7 heads working together to solve them; spoke on why County meetings are in the afternoon.
Stewart Fischer, Harvard Avenue: complained that Clerk was on vacation over election day; quoted from Roberts Rules or Order about interruptions of his statements during organization meeting; 6 years ago, suggested that town take ‘pleasant’ out of seal as some tourist would sue for false advertising; Town Hall Review Committee is still convening and will soon deliver their report; complained that Board of Adjustment meeting was evacuated by two policemen on December 3rd due to bomb threat (Chief explained circumstances); spoke about need for an architectural review board.
Mayor Barrella: noted that, with unanimous consent of Council, Town Hall Review Committee was disbanded, last year, due to failure to follow protocol.
John Szafranski, Yale Avenue: spoke regarding tourism grant of $350,000 given to Lake Como, which doesn't have a beach - asked if anyone was looking at getting town grants; Ocean Gate got grant money to put up a windmill - going to get $300,000 or $500,000 to put in a second one; asked about hiring freeze.
Dave Cavagnaro: thanked Public Works for dedication and hard work in cold weather; suggested declaring state of emergency and pulling cars off street during big snow storms; should have put stickers on peoples’ garbage when putting out over Christmas and New Years; talked about need for consistent protocol for executive session; spoke regarding rush to put through inter-local agreement with Boro and inconsistency that Boro isn’t paying, but Chamber must; inconsistency with free use for Farmers Market, but other non-profits must pay.
Vince Castin: asked about energy audit - monies available in grants; asked council to improve decorum.
Bill Knapp, Harvard Avenue: asked about Lake Louise dredge project and if dredge would only be on periphery of lake; asked if Councilman Lurie was still in favor of hotel/motel tax; suggested meetings would be more efficient by not blowing time arguing over where people sit.
Dennis Morris, owner of Ralph’s Italian Ices on Broadway: requested consideration to put back 15 minute spots in front of store which increased business by 20% last year; spoke about cart incident; volunteer personnel and ices to many events at no charge, such as park program, special needs picnic, and children’s scholarship fund.
Elaine Hennessy, New Jersey Avenue: spoke regarding garbage issue on Ocean Avenue and need to have someone checking on Sundays as 17 locations had garbage out last Sunday morning.
Kristin Hennessy, New Jersey Avenue: Lavallette recently posted their new garbage ordinance; Environmental Commission hosting Sustainable Jersey presentation on January 20th - achieving certification would open us up for grant funds - will be seeking individuals from cross-section of community and government to serve on Green Team.
Ben Dispoto, Parkway: spoke about need for Council to open dialog between members, get along and do what's right; spoke on inter-local agreement with Boro and fiscal responsibility to charge them for use of Beach facilities.
Dan DiCorcia, Trenton Avenue: spoke in support of Ralph’s Ices and what they do for this community; concurred with Mrs. Hennessy about garbage on Ocean Avenue and spoke about dumpsters, throughout town, that are not enclosed as per Borough ordinance.

The meeting was adjourned at 8:46 P.M.

Published March03, 2010 | Council Minutes | 970

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