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February 8, 2010

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM with Mayor Barrella and Council Members Tooker, Hennessy, Rizzo, Lurie and Dyer present. Councilman Cervino was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Dyer, to appoint Kevin Riordan, Esq. (Gertner-Riordan, LLC) as Borough Attorney, was seconded by Councilman Hennessy.
Upon questioning by Councilwoman Tooker, Councilman Dyer clarified that the appointment was to the specific person, not the firm; Mayor Barrella: asked for the reason for the change.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA.
Councilman Lurie….NAY.

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

Closed session started at 6:36 P.M. and ended at 7:34 P.M.

Mayor Barrella called the regular meeting to order at 7:45 P.M. Present were Council Members Tooker, Hennessy, Rizzo, Lurie and Dyer. Councilman Cervino was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Hennessy to approve the minutes of the November 24, 2009 Council Meeting, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie….YEA
Councilman Dyer…..ABSTAIN

Department head memos and correspondence were discussed with items moved to agenda for action; Clerk Ellsworth was directed to inform census bureau of charge to use meeting room.
Motion by Councilman Hennessy, with second by Councilman Rizzo, to change agenda to discuss caucus items before entering closed session, to exit closed session before 7:30PM to insure that the regular meeting would begin promptly at 7:30PM, and to re-enter closed session at the end of the meeting if all matters had not been discussed before 7:30PM.
Motion by Councilman Lurie, with second by Councilman Hennessy, to amend motion to refrain from acting on closed session items when exiting closed session at the end of the meeting but rather place those items on the agenda for action at the next council meeting.
VOTE (to approve motion as amended): Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Council Hennessy: at last committee meeting, decided to recommend that two ‘animal house’ ordinances be blended into one – discussed need for Point Pleasant Beach to become a Zero Tolerance municipality – before moving forward, Police Chief, needs consensus from Council – showed all signs in use in Beach Haven; Councilwoman Tooker: AWC is looking to have craft show in railroad parking lot on May 1st in front half of lot from 10AM – 4PM.

Ordinance 2010-01 (Draft Ordinances only with consent of Governing Body) was considered on second reading.
Mayor Barrella: asked for clarification on what was being deleted; Attorney Riordan: suggested adding “however the Council will not consider any ordinance which they haven’t requested be drafted;” Mayor Barrella: complained that amendment would clearly violate the power of the Mayor; Councilman Lurie: should go the way it is – intent is to save money; Councilman Dyer: asked if liability is incurred by having other people write ordinances; Attorney Riordan: current ordinance still requires Borough Attorney to review any written ordinances; Councilman Dyer: asked for cost difference for attorney to review or draft and review (not much).
Ben Dispoto, Parkway: asked for clarification on attorney payment – asked when the attorney would review ordinances not written by him (Mayor Barrella: suggested after approval on first reading).
Dave Cavagnaro, Parkway: thanked Councilman Lurie for proposing ordinance – asked that other professionals such as the Engineer, etc. be included at some later date.
Vince Castin, Trenton Avenue: doesn’t compute that it would cost the same amount to review an ordinance as to write it (Attorney Riordan: vast database of ordinances to pull from).
Motion by Councilman Lurie, to close the public hearing and adopt Ordinance 2010-01, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA
Mayor Barrella: clarified that nothing in this ordinance precludes him from drafting ordinance he put on the agenda tonight (Attorney Riordan: correct).

Ordinance 2010-02 (Advisory Committees) was considered on second reading.
Attorney Riordan: suggested that “Governing Body” be used throughout the ordinance instead of “Mayor and Council” in some sections and “Governing Body” in the other sections.
Motion by Councilman Dyer, to table the ordinance until the changes are made, was seconded by Councilman Rizzo and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Ordinance 2010-03 (Amend Nepotism Policy as to Shared Services) was introduced on first reading. Mayor Barrella explained that this would merely extend the current policy to those government entities with a financial relationship with Point Pleasant Beach.
Motion by Councilman Lurie, to approve on first reading with Attorney review before second reading, was seconded by Councilwoman Tooker and defeated by the following roll call vote.
VOTE: Council Members Tooker, Lurie….YEA
Council Members Hennessy, Rizzo, Dyer….NAY

The following professional appointments were proposed by Councilman Dyer:
a) Borough Engineer - CMX
b) Special Projects Engineers – O’Donnell, Stanton and Remington & Vernick
c) Special Projects Attorney – Kevin Starkey, Esq. (from a Democratic firm) at the same hourly rate as the Borough Attorney
d) Municipal Prosecutor – Citta, Holzapfel and Zabarsky
e) Alternate Prosecutor and Conflict Prosecutor – Bonnie Peterson
f) Public Defender – Bianca Sangiovanni
g) Conflict Public Defender – Kevin B. Legriede
h) Borough Physician – Meridian Occupational
i) Police Psychologist – Jack Aylward from Plainfield Psychology
Council Members Tooker and Lurie: should have more special projects attorneys and engineers, as it would give Council a larger pool to draw from; Councilman Lurie: asked about conflict public defender rate and asked to hold or appoint with clarification of $300/session.

Motion by Councilman Dyer, to appoint CMX as Borough Engineer, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Lurie, Dyer….YEA
Councilman Rizzo….NAY

Motion by Councilman Dyer, to appoint O’Donnell Stanton and Remington & Vernick as special projects engineers, was seconded by Councilman Hennessy.
Motion by Councilman Lurie, to amend to include appointments of CME, Geller & Sive, Kramer, and Hatch & McDonald to position of special project engineer, died for lack of second.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA
Councilman Lurie….NAY

Motion by Councilman Dyer, to appoint Kevin Starkey and Hiering, Gannon & McKenna (upon Councilwoman Tooker’s suggestion) to the position of Special Projects Attorney, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Motion by Councilman Dyer, to appoint Citta, Holzapfel & Zabarsky to the position of Municipal Prosecutor, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Dyer….YEA
Councilman Lurie….NAY

Motion by Councilman Dyer, to make the following professional appointments, was seconded by Councilman Hennessy and carried by the following roll call vote:
a) Alternate Prosecutor and Conflict Prosecutor - Bonnie Peterson
b) Public Defender – Bianca Sangiovanni
c) Conflict Public Defender – Kevin B. Legriede, contingent upon acceptance of RFP rate
h) Borough Physician – Meridian Occupational
i) Police Psychologist – Jack Aylward from Plainfield Pyschology
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Clerk Ellsworth added several items to consent resolutions listed below; Councilwoman Tooker asked that item 1/p be held until conformation with Borough Ordinance; Mayor Barrella asked that item 2/a be held for separate consideration; Councilman Hennessy asked that item 1/a be held for further investigation and Attorney Riordan explained; Councilman Dyer: posed questions regarding ambulance bid; Max Gagnon, Parkway: questioned disparity between payments on water purchased and water which flows through sanitary sewer system; Dave Cavagnaro, Parkway: objected to 2/q being moved to first reading by title only; Vince Castin, Trenton Avenue: asked about items 1/d and 1/i and if they were related – asked about mobile radios – asked about Schedule C; Kristin Hennessy: asked about Green Team resolution and clarification was provided that no professionals or Borough Staff would be compensated to attend meetings without prior approval of the Governing Body; Councilman Lurie asked that item 2/s be held for separate consideration.
Motion by Councilman Hennessy, to adopt resolutions covering items listed below, was seconded by Councilwoman Tooker and carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) HELD for further research (Oppose legislation amending “Time of Decision” rule)
b) Payment of 1st Quarter Tax allocation to Ocean County ($1,855,230.34)
c) Authorization for Woman’s Club members to solicit auction prizes from merchants
d) Payment to Sungard for police computer systems maintenance contracts ($20,930)
e) Payment to Brick Utilities for December water usage ($62,560.20)
f) P O and Payment to Atlantic Tactical for ammunition ($11,664.84)
g) Payment to Pedroni Fuel for diesel fuel ($8215.24)
i) Payment to Allister Business Systems for police copier and service contract ($10,716)
i) Payment to Dell for police computers ($3510.93)
j) Payment to Law Enforcement Tech for firewall, support and installation ($4070)
k) Approval of Payroll #2 ($255,604.74)
l) Authorize Mayor to execute contract with Suplee, Clooney & Co for Audit services
m) Payments to CMX from escrow accounts ($2537)
n) Payment to Motorola for mobile radios ($11,825.64)
o) Payment of 1st quarter installment to OCUA ($292,588.80)
p) HELD for revision to conform with Borough Ordinance (Authorization for Mayor to execute interlocal agreement with O C Board of Health for animal facility services)
q) Approval of Schedule C Agreement with County of Ocean
r) Authorization for Mayor to execute shared services agreement with Ocean County for 911 emergency services
s) Award of contract to NJ Emergency Vehicles for ambulance ($135,937)
t) Water/sewer bill adjustments (4 accounts)
u) Approve Banner Permit Applications (2) for Chamber of Commerce
v) Approval of memberships in fire department (3)
w) Change Order #1 to Earle Asphalt for time extension on CDBG/NPP curb improvements
x) Payment to NJ Fire Equipment for fire hoses & couplings ($5780)
y) Payment to Horizon BCBS for employee health benefits ($115,170.72)
7 CONSENT RESOLUTION 2:
a) HELD for Separate Consideration (Establish Agenda Format, placing Public Participation before Committee Reports)
b) Authorization to bid Sanitation Truck
c) Payment to Woszczak for emergency sewer repair – Forman Ave ($4660)
d) Payment to Maxor for employee Rx benefits ($37,936.73)
e) Progress Payment #2 to D&D Utility for emergency sewer repair – Baltimore Ave ($11,620.95)
f) Progress Payment #1 to National Water Main for Sanitary Sewer Evaluation Phase 2 ($84,046.76)
g) Payment to International Salt Co. for rock salt ($3366.10)
h) Payment to Grainger for snow thrower & misc P/W tools/Supplies ($6204.26)
i) Payment to Ocean County for added and omitted assessments ($21,675.16)
j) Transfers between 2009 budget accounts
k) Approval of computer generated vouchers ($2,798,600.12)
l) Payment to Atlantic Tactical for ammunition ($3990.50)
m) Payment to Motorola for mobile police radios ($7333.60)
n) P O to Major Police Supply for T3 vehicle and cover thru donations ($12,400)
o) Authorization for Borough Administrator to proceed with contacting Civil Service Commissions to start the process for possible furloughs – CLOSED SESSION ITEM
p) Approval of curb cut request at 308 Philadelphia Avenue
q) Moved for first reading (Authorize Attorney to review Geese Force Ordinance)
r) Establish Green Team and appoint members to same
s) HELD for separated consideration (Approval of Shared Service agreement with Borough of Point Pleasant for electrical inspection services)
t) Authorization for Borough Attorney to review council meeting procedures
u) Establish a zero tolerance enforcement policy for ‘animal house’ violations
v) Authorization for the AWC to utilize the Railroad station parking lot on May 1(rain date May 2) for a craft show and flea market
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie (all items but 1/m), Dyer….YEA
Councilman Lurie (Item 1/m only)…..Abstain

CONSENT RESOLUTION 3: agenda format was considered.
Dave Cavagnaro, Parkway: public participation should come after committee reports – commended Councilman Hennessy for earlier timetable recommendation; Ben Dispoto, Parkway: public participation should come after committee reports – obfuscates intent of public participation; Kristin Hennessy: Point Pleasant has two public participation periods, one at beginning of meeting for those who might want to register a complaint and another after committee reports – suggested the same.
Motion by Councilman Hennessy, to amend the meeting agenda to add a public participation period for non-agenda items immediately after approval of minutes, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

CONSENT RESOLUTION 4: Shared Service agreement with Borough of Point Pleasant (Boro) for electrical inspection services was considered.
Councilman Lurie: asked why the position was not advertised and how it came about; Boro Councilwoman Rogers: explained that those on the Civil Service list cannot accommodate the Boro during hours needed; Dave Cavagnaro, Parkway: clarified that the Beach electrical inspector is an hourly employee without benefits; Ben Dispoto, Parkway: asked why the Beach had to be involved in this process.
Motion by Councilman Dyer, to approve Shared Service agreement with Borough of Point Pleasant for electrical inspection services, was seconded by Councilman Hennessy and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Ordinance 2010-04 (Establish Geese Force) was introduced on first reading. Motion by Councilwoman Tooker, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2010-04 was approved on first reading. The public hearing will be held on March 2, 2010.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie…..YEA
Councilman Dyer…..Not Voting (Not present during the vote)

COMMITTEE REPORTS:

Councilwoman Tooker: High School’s annual blood drive is February 24th; Chamber of Commerce dinner rescheduled for February 19th; AWC fundraiser on March 28th at the Ark – gave kudos to committee, especially for work with cats in trailers – have several kittens and mature cats for adoption; excellent trash review committee meeting – garbage ordinance coming along – cardboard is recycling, not garbage; met with CRAB – putting new walkway and staircase at Maryland Avenue beach; Shade Tree got a couple dozen trees from the County and $7,000 to start replacing them – going to start on Arnold Avenue

Councilman Hennessy: lot of knowledgeable people in the community who are valuable resources – would like to form a special projects committee to help formulate RFPs for projects, such as the lakes – establish by resolution and add to council advisory committees – will present list of appointees at next Council meeting; Finance Committee is facing a monumental task – taxes in this town are up 70% over 2001; thanked Curt Leach, Frank Costa and Recycling Committee for work on trash ordinance; gave report on Fire Department activities for January.

Councilman Rizzo: received several complaints, which were forwarded to Code Enforcement Officer Petrillo; received many calls questioning why the town bore the $80,000 cost of revamping pipes for Lake Louise dredge.

Councilman Lurie: will have a presentation in March or April on solar energy and wind turbines on town property; asked for permission to work with Borough Engineer on site triangles.
Motion by Councilman Lurie, to allow Councilman Lurie to work with Borough Engineer to review code on site triangles, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Tooker, Hennessy, Rizzo, Lurie, Dyer….YEA

Councilman Dyer: gave Finance Committee update on budget – overall situation is not predicated on economy – hear that State, which can collect tax on many different things, as well as through the State income tax, is $8.5-$10.5 billion in debt – by law, not allowed to make profit in the building department – in red last 4 or 5 years, except for one year – by state law, can raise municipal tax only 4% – now, $1,994,000 above last year’s expenses – can raise taxes by $220,000, but still $1,774,000 short – municipal tax would go up $445 on a $500,000 home and $667 on a $750,000 home – that’s just the 22% municipal portion – compared Point Pleasant Beach’s 2008 budget of $11,589,000 to Manasquan’s budget of $8,043,000 -Manasquan is 3.5 times the size and 18.7% times the population; gave kudos to DPW Superintendent Trout for working with 2 less employees and Administrator Riehl for replacing a retiree with a part time position – also made full time dispatcher a part time position – moving aggressively with shared services at a proportionate percentage – announced budget meetings with departments that are open to the public and gave his phone number for the public to contact him.

Mayor Barrella: as a tax attorney, who works with numbers, asked what was done to explore how the $110,000 gap in the construction department could be closed internally – Beach building department was $405,000 in the black over a 4-year period – Boro’s construction/
building department was $500,000 in the red for that same period – only one component of Beach building department was in the red – asked about the plan – if we were consolidating and moving employees to the Boro or if Boro employees are coming here – asked, if our employees were moving to the Boro, what happens if we do not get the level of service we are currently getting – asked why we would want to consolidate a $405,000 profitable department with a $500,000 loser – compared minimum Boro permit of $75 to Beach $60 – if Beach raised to $75 would’ve closed all but $24,000 of the construction operation deficit – should keep the construction official as our employee and charge the Boro for work he is doing in the Boro and recoup his full load.
Councilman Dyer: responded that Mayor is basing his assumptions on nothing – that’s what the feasibility study is about, to show what is best for each town.
Mayor Barrella: nothing was put aside for property tax revaluations in the 2009 budget – last year’s Finance Committee goal of minimizing tax increase by not addressing this matter, has brought the problem into 2010 and it is that much greater – the problem exists and is not going away – now we need to talk about furloughs – we were $800,000 below the state spending cap last year, but still struggled to get under the levy cap – not advocating that we spend more – the problem is not that we spend too much, we don’t have the variety of revenues needed to make this town work – not like other towns – we are a summer town and a winter town, and our infrastructure needs to be geared to summer; read letter demonstrating problem with dispatching fire personnel and need for fully trained dispatchers at all times.

Administrator Riehl: had productive trash/recycling meeting; have Mayor’s meeting with County representatives on February 23rd; met with energy audit group – will be back to take photos; County not interested in swapping River Avenue with Channel Drive nor any other street – either take River with no swap or leave it with the County.

PUBLIC PARTICIPATION PERIOD OPENED AT 10:49 P.M.

Anthony Lombardo, Arnold Avenue: spoke in support of Zero Tolerance; resent that Councilwoman Rogers showed contempt by turning her back on Beach Governing Body; spoke about budget problems by not keeping money aside for tax appeals.
Sue Dietz, Woodland Road: complained about paying sewage fees for water going into her pool and asked Council to address.
Joe Lemma, St. Louis Avenue: spoke about how long it took to get ATMs on Boardwalk and parking boxes in railroad lot, which made $100,000 in 3 years; spoke on need to put parking boxes in Borden's and other lots in District 1 to generate revenues.
John Szfranski, Yale Avenue: spoke again about extraordinary aid received by Lake Como.
Joanne Frank, Lake Street: spoke about Board of Adjustment hearing for Off Shore to use lot for paid parking, which would have to come to Council – complained that they currently do not have the requisite number of spaces for their business – parking for their business already spills onto Ocean Avenue and this change would have a negative impact on the neighborhood, including safety, and the community as a whole.
Borough Engineer Savacool: updated Council on Lake of the Lillies dredging – DEP received a complaint about timing of lake lowering – permit said can lower between October 1st and June 15th – however, did not indicate that it must be lowered by November 15th, as it does in the NJ Administrative Code – will therefore lower and dredge between October and December 2010.
Anthony Morriello, 305 Lincoln Avenue: spoke regarding problem with graffiti and other destructive acts at and near his home – asked for a sign that says ‘No Trespassing from Dusk to Dawn’ by the Lincoln Avenue beach.
Max Gagnon, Parkway: been asking for Council to change ordinance for zoning board appeals to come before Council; complained that “those people down there” exert too much influence on “you people here.”
Marilyn Burke, Central Avenue: commended Councilman Dyer for courage to speak about shared services; have to start looking at employees, reduce salaries and number of hours.
Ben Dispoto, Parkway: 28% of tax bill is County, about 55% is School Board – asked Board of Education liaisons to question necessity of modernizing and expanding track at this time – unfortunately, town gets brunt, but other components have larger impact.
Dave Cavagnaro, Parkway: thanked Public Works for great job with snow removal – suggested radio band tell people to get cars off street; asked if the town has any more capacity on Gull Island for Lake Louise dredge – asked about contract specifications; asked Council to reconsider going back to first and third week meeting dates.
Vince Castin, Trenton Avenue: spoke about meeting dates; read Lake Louise dredge contact – contractor should be liable for $80,000 overrun for overland access.

PUBLIC PARTICIPATION PERIOD ENDED AT 11:39 P.M.
The meeting was adjourned at 11:40 P.M.


Published April16, 2010 | Council Minutes | 998


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