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October 4, 2011


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

Motion by Councilman Corbally, to enter closed session to discuss one contractual matter, PBA arbitration, police personnel and closed session minutes, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Dyer….YEA

Closed session began at 6:36 PM and ended at 7:53 PM. Councilman Lurie arrived at 7:34 PM.

Mayor Barrella called the regular meeting to order at 7:58 PM. Present were Council Members Tooker, Corbally, Lurie and Dyer. Councilmen Hennessy and Rizzo were absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Administrator Riehl: Miss Gladden, 348 River Avenue resident, came to discuss the jump in her water bill – at hand are two charges from last year – property is scheduled for tax sale on October 28th.
Miss Gladden: has lived at this address since April 15, 2008 with her 85-year-old grandmother – multi-family building with three units – received a delinquent notice on 12/12/10 in the amount of $858.50 – immediately e-mailed her landlord, who lives in California, and made calls to Water Department, which she claims went unanswered – hasn’t paid bills since – wanted this settled first – was notified in March that the water would be shut off – called the Water Department – was told to submit a doctor’s note – meter looked ok – have never used this much water in a quarter or even a year (bill was also unusually high in the same quarter 2009) met with Administrator – nothing else hooked up to meter – while she is trying to fight this, her landlord is being penalized – doesn’t want to pay it and have it happen again – meter has been read, re-read, pulled, tested, replaced – had plumber check for leaks – Administrator suggested she submit letter from her plumber, saying there is a leak in the building, but she and her landlord decided not to – leak was repaired within a few days and she and her landlord agreed it did not amount to $900 – doesn’t want landlord to get in trouble (not Miss Gladden’s property, not her bill – per Administrator Riehl, Council can authorize a payment schedule, in the owner’s name, in lieu of tax sale – if it went to tax sale, within the first 10 days before the certificate is issued, could redeem it and owe only what was payable in 2010 – or could pay 2010 bill and 2011 interest before the tax sale (Council consensus was that other units’ bills should be checked and property held from tax sale for up to 5 weeks during investigation; Attorney Gannon: advised getting a notarized affidavit from landlord that he's in receipt of bill, contests the meter reading, affirms what Miss Gladden has said, and authorizes Miss Gladden as his agent – lien will be on his property).

Council addressed a letter from Code Enforcement/Zoning Official Petrillo regarding the installation of a 4-foot vinyl fence to cover borough-owned 4-foot chain link fence on the homeowner’s property, abutting a town park (Mayor Barrella: ordinance says vinyl fence can’t exceed 3 feet – offered to remove the chain link fence, so the owner can put up a 3-foot vinyl fence, but the owner declined). Consensus was that this is a Board of Adjustment issue.

Administrator Riehl: addressed a memo from the Borough Engineer regarding improvements to grade at rail crossings – NJ Transit sent letter with recommendations – involves traffic signal at Washington Avenue, installation of traffic signal at New Jersey Avenue and perhaps the restriction of a left-hand turn out of Municipal Way.
Chief O’Hara: restricting left turn (from Municipal Way) will increase the amount of traffic down to Forman Avenue.
Councilman Lurie: asked who pays (Administrator Riehl: installation is free – Borough would have to pay the annual electric cost) and what if Council says ‘no’ (Administrator Riehl: don’t have to do this – failure to respond will be taken as acceptance).
Chief O’Hara: they also want to stop pedestrian traffic on the north side of New Jersey Ave. from crossing the tracks and have all pedestrians on the south side of the street – basically, block the north sidewalk along JCP&L and over the tracks, and have people cross the tracks from south side of the street – they want to do the same thing at Washington Avenue.
Attorney Gannon: they have the authority in their right-of-way, but as a result, the traffic pattern out of Borough Hall is being drastically affected if you can’t make left turn.
Councilman Dyer: would be traffic lights at 3 intersections in a row – must pay 25% of the electrical installation, which is probably expensive, and all electric costs thereafter – can’t see why it’s needed (Attorney Gannon: obviously, they’re doing it for safety reasons, but it looks like it has a negative impact on the Borough, in terms of access and egress).
Motion by Councilman Dyer, to authorize Borough Attorney to respond that Council does not want this, was seconded by Councilman Corbally.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

Motion by Councilman Corbally, to approve September 13, 2011 Council meeting minutes, was seconded by Councilman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

OEM Coordinator Dempsey: spoke about Resolution 2 – attended Ocean County Emergency Management meeting today – they want to restart the All Hazard Mitigation Plan, which started in 2006 – at that time, PPB adopted a resolution to join with Ocean County and the State of NJ in adopting the plan – in 2009, things went sour with County and plan fell apart – new crew wants to restart it – have a $233,000 grant which will be used to bring in consulting company to formulate the plan – if we come up with plan to mitigate damages from storms/ flooding, can get grant from FEMA, with FEMA paying 90% and the municipality paying 10% – open to the public – if you are in a flood zone and have repetitive damages from flooding, can put in a plan to raise your house and FEMA will offset the price – kickoff was to gauge interest in getting back on plan – County Finance Department asked that we reaffirm the resolution that was passed on June 20, 2006 (Clerk Ellsworth read the original resolution into the record and numbered it 2011-1004/5).
Motion by Councilman Lurie to reaffirm the 2006 resolution by adopting Resolution 2011-1004/5, was seconded by Councilwoman Tooker and carried by roll call vote:
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

Mayor Barrella: asked Council to authorize the Borough Engineer to prepare a proposal for Little Silver Lake renovation – it continues to flood – discussed timing with Mr. Dempsey (EMC Dempsey: they could not give him an answer on whether we could back-date the engineering fees if we come up with a plan) asked Attorney Gannon if it would be prudent to wait a few weeks before authorizing (doesn’t think 2 weeks will hurt) suggested holding it and addressing at the next Council Meeting – asked that Attorney Gannon and Engineer Savacool contact the County and FEMA for an answer (Councilman Lurie: asked if there wasn’t already a plan, with cost estimates, on dredging that lake; Administrator Riehl: from about 2001) doesn’t make sense to dredge it without taking care of the mechanicals, pumping out, and making sure Lake Louise doesn’t flow back in – can see if there is another way of getting that done – no sense risking not getting paid after having Engineer Savacool start the work (Councilwoman Tooker: ability to lower Lake of the Lillies seemed to mitigate flooding during Hurricane Irene; EMC Dempsey concurred); Resolution 3 is simply to authorize the Borough’s Attorney and Engineer to sit with the Dune Inspector to investigate whether the ordinance should be amended to require that dunes be extended the entire length of the beachfront, from the south end to the jetty – had flooding over the Boardwalk at Arnold Avenue – might not have happened if there were dunes there (Councilman Lurie: might be prudent to have Dune Inspector reach out to CAFRA; Councilwoman Tooker: was exempted by Council and at the State level back in the ‘90s) just talking about review of some old documents, before going to DEP; Councilman Lurie: would like to control costs; Councilman Dyer: asked if we couldn’t have DEP evaluate) we have a dune ordinance – onus is on property owner to provide dunes – question for professionals is simple: “Is it advisable to have dunes along the entire beachfront and can we mandate same through amendment of our current dune ordinance?” (Councilman Dyer: Borough Attorney should research before meeting; Councilman Lurie: can be done by having Dune Inspector speak with Borough Attorney – just got tonight) happened because of timing of furlough days and same will be happening the next few meetings (Councilman Dyer: don’t think we need to rush into meeting with Engineer and Attorney – can do between Attorney and Dune Inspector) asked if Councilman Dyer should be discussing same due to consulting work with Boardwalk business (EMC Dempsey: in ‘80s, DEP met with OEM Coordinators – at that time there were 4 private beaches along the N J coast without dunes – DEP asked the coordinators of those communities to speak to those beach owners about putting in dunes – Risdens’ complied but not the other beach – you will get resistance there).

First Reading of Ordinances and Resolutions) OPENED AT 9:02 PM

Al Varosi, Point Pleasant Beach (PPB): dunes build themselves – owners plow to accommodate crowds – prevent them from plowing, put in fencing and grass and the dunes would reconstruct themselves quickly; supports Silver Lake dredging – need to put in water devices to prevent siltation – Lake Louise has only one sediment chamber on Randall – should have silt removal chambers on all our drainage facilities – asked where mechanical facility would be placed – facility at Central Avenue has a large capacity and once handled all of the town’s wastewater – Brigantine Island received $561,000 from Federal Government for their $750,000 pump station project – has to be tested by a Federal disaster – would like to add protection to lakes from silt and chemical damage to Resolution 2; suggested moving meetings to Antrim School, as the seats in the Council chambers are not comfortable.
Marilyn Burke (PPB): asked about Employee Section 125 Flexible Savings Plan, rebid of Fire Company generators, and amount of hand checks written between March and August.
Dave Cavagnaro (PPB): Lake Louise is 6.5 elevation, Silver Lake is 3.5 – it is a catch basin for residential streets and highways – when the water hits, there's no place for it to go but into the surrounding streets – would help if there was a pump there to send it to Lake Louise – there was a proposal 7 or 8 years ago to send the water to the pumping station at Route 88, but the State would not release the excess pumping capacity – suggested looking into that again; on Baltimore, around Yale, there is a valve that allows water to go from the street into the lake – it’s either malfunctioning or clogged – at high tide on Thursday, the water was coming out of the lake onto the street – also happens where Water St. intersects Randall (Mayor Barrella: already spoke to County Engineer – going to check it); expressed support for Ordinance 2011-24; asked about Court Shared Services (Attorney Gannon: have an agreement, in principle, and discussing certain aspects with Municipal Court Judge – once approved by the Administrative Office of the Courts, anticipate mutual action by both municipalities to have an agreement); asked about members of the public going into closed session and if it was about the Little League fields (Attorney Gannon: about property acquisition); Parkway lights finally back on – took one month and four days.
Stan Angeloni (PPB): twice ran into same problem as Ms. Gladden – claimed that something must be wrong with the meters – the meters and suppliers should be investigated.
Vince Castin (PPB): asked about relation of FEMA offset amount and lake dredging – if they are offering to help raise houses if the lake is dredged (no specifics yet).
Motion by Councilman Lurie, to close public participation, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

First Reading of Ordinances and Resolutions) ENDED AT 9:24PM.
Clerk Ellsworth added items to resolution 4; Councilman Dyer questioned item 1/w and asked that 1/aa be considered separately.
Motion by Councilman Dyer, to adopt resolutions covering items listed below, was seconded by Councilman Corbally and carried by roll call vote.
a) Approval of Employee Section 125 Flexible Savings Account
b) Memorialize rejection of bids for Firehouse Generator Installation and authorize Boro
Engineer to re-bid project
c) Authorization to accept $450,000 Green Acres Funding
d) Additional payment to VALIC for 2011 LOSAP Awards ($6,000)
e) Auth to execute contract for reverse 911 services with Swift911($1495)
f) Approval of PPB HS special event app for Homecoming Parade on 11/4/11
g) Approval of Junior Membership in Fire Department (4)
h) Approval of hand checks for March through August ($3,532,131.20)
i) Payment to O C Soil Conservation District for Little League project fee ($2885)
j) P O to Monmouth Truck for dump truck body replacement ($4400)
k) Payment to Denise Sweet & Assoc from Board of Adjustment escrow ($200)
l) Payment to Postmaster for bulk mailing of W/S bills and water quality report ($3450)
m) Scheduled payment to PPB Board of Education ($877,547)
n) Payment of 3rd installment to NJ Shellfish Habitat Mitigation Fund ($7000)
o) Approval of Payroll #19 ($270,346.82)
p) Approval of membership in PPB Fire Co #2 (1)
q) Payment to Fire & Safety Svc for repairs to fire truck thru insurance ($4566.37)
r) Payments to the Galvin Law Firm from Planning Board accts ($707.50)
s) Payments to Pt Pleasant Bicycle for patrol & parking enforcement bicycle parts ($5823.17)
t) P O to Devo for repair parts for 3 parking kiosks ($12,727)
u) Payment to NJ Health Benefits for employee health benefits ($100,187.21)
v) Authorize sale of surplus municipal vehicles/impounded property through public auction
w) Appointment of Steve Patterson to fill-in for Construction Official
x) Payment to United Computer for annual Websense web-filter contract ($2350)
y) Approval of computer generated vouchers ($1,029,972.42)
z) Water/Sewer bill adjustments (3 accts)
aa) HELD for separate consideration (Deny request for water/sewer relief – 116 New Jersey)
a) Change Order #1 to Earle Asphalt for improvements to Channel Drive (-$10,357.94)
b) Authorize start time of 7:30 AM for Little League field rehab project
c) P O for new dump body for public works dump truck
d) Approval of August 2, 2011 and August 23, 2011 closed session minutes (Closed Session
VOTE: Council Members Tooker, Corbally, Lurie (except for Item 4/d), Dyer….YEA
Councilman Lurie (Item 4/d)….Abstain

RESOLUTION 2 (Authorization for Borough Engineer to prepare a proposal for the renovation of Little Silver Lake, said proposal to include, but not be limited to, the dredging of the Lake and related work, the construction of mechanical facilities to permit the lowering of the Lake when necessary to ameliorate flooding and to prevent back flow from Lake Louise from running into Little Silver Lake) was held for next meeting.

RESOLUTION 3 (Authorization for Borough Attorney, Borough Engineer and Borough Dune Inspector to meet regarding, among other things, considering the amendment of the "Dune" ordinance to provide that dunes must be constructed up to the Jetty at the Manasquan Inlet in order to help ameliorate the flooding of adjacent areas during storm events, such as the flooding in and about Arnold and Ocean Avenue during Hurricane Irene) was considered.
Motion by Councilwoman Tooker, to authorize Borough Attorney to speak with Dune Inspector, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

RESOLUTION 6 (Deny request for water/sewer relief – 116 New Jersey Avenue) was considered.
Motion by Councilman Corbally, to deny request for water/sewer relief for 116 New Jersey Avenue, was seconded by Councilman Lurie and carried by roll call vote:
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA
Councilman Dyer….Recused himself

Ordinance 2011-24 (Ban Teleconference Attendance at Council Meetings) was considered on first reading.
Motion by Councilman Corbally to approve Ordinance 2011-24 on first reading was seconded by Councilman Lurie and carried by roll call vote. The public hearing will be held on October 25, 2011.
VOTE: Councilmen Corbally, Lurie, Dyer….YEA
Councilwoman Tooker….NAY

Councilwoman Tooker: asked about November meeting.
Motion by Councilwoman Tooker, to move the November 15, 2011 Council Meeting to November 22, 2011, was seconded by Councilman Lurie and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA
Councilman Corbally….NAY
Councilwoman Tooker: Shade Tree Committee would like to change shade tree ordinance from curb line to right-of-way – original intent was to make it right-of-way – asked Council to consider for first reading at next meeting (Councilman Corbally: have 8 feet above sidewalk and 10 above curb – upon failure or refusal to trim the tree within 10 days, town will cut and bill person for doing so – would have to cut almost every tree on Niblick street on north side of the street – if the goal is to have people plant trees between the sidewalk and the street, this is going to push them the other way – many people will not be able to afford it) have seen problems with the storm – if you don’t properly trim your trees and branches, that’s when they become flying projectiles into cars, fences, houses and people – forestry management plan identified hazardous trees, recommended taking some of those trees down – would be applied equally to all streets – willing to address many of Councilman Dyer’s concerns when they spoke with him last night (Councilman Dyer: reads that, in emergencies, requirements may be waived by code officer – they must be waived in an emergency – says that it has to pose an imminent and significant threat of severe personal injury – don't agree with wording) asked that Council get concerns to Shade Tree Commission (Mayor Barrella: get to Administrator and she will forward to Shade Tree – asked that Borough Attorney review along with Council input to craft something amenable to all); Education Foundation 5k will be on the 22nd; Animal Welfare Committee fundraiser will be on the 23rd – also have 50/50 raffle; Shade Tree Commission ‘Big, Beautiful Tree’ planting program almost sold out for fall – paver program going strong.

Councilman Corbally: Finance Committee reviewed departments’ capital equipment requests; will advertise for residents to e-mail their information for Reverse 911 system in the next few weeks.

Councilman Lurie: in Beach Haven this summer – signs in residential districts advertise Zero Tolerance Zones for noise – distributed copy of their ordinance and sign – would help quality of life on Central, Parkway and Niblick – asked that Attorney be authorized to review Beach Haven ordinance to see if there’s anything that can be used to toughen PPB noise ordinance [Councilman Corbally: asked if Zero Tolerance Zones are enforceable; Chief O’Hara: already enforce a Zero Tolerance when we see and hear a violation – was some hesitation in the past about adding more signs; Councilwoman Tooker: get them at the beginning, but then they keep fanning out and getting louder; Mayor Barrella: Zero Tolerance should be practiced throughout town, instead of just first 3 blocks – asked how many signs (one on each corner) essentially like a stop sign] want Attorney to look at the ordinance (Attorney Gannon: would look into Zero Tolerance Zone aspect – would need backup figures on reoccurring offenses; Mayor Barrella: states that Municipal Court Judge shall consider same as an aggravating factor in determining appropriate sentence – asked whether it should be done through ordinance amendment or if Council should alert the Judge that it will not tolerate this type of behavior; Councilman Corbally: per current ordinance, shouldn’t hear rides out of Boardwalk area after 10 PM, but not enforcing that; Councilman Dyer: should let Attorney look to see if there's anything we can beef up) also need to see if these zones are a legal tool.
Motion by Councilman Lurie, to have Borough Attorney look at both ordinances and come up with recommendations, was seconded by Councilman Dyer and carried by roll call vote.
VOTE: Council Members Tooker, Corbally, Lurie, Dyer….YEA

Councilman Dyer: traffic light camera program is being put out to bid – has both a calming effect on traffic and is a revenue stream – generates $70,000/light/month in Brick – would be happy with all four lights generating $70,000/month.

Mayor Barrella: spoke with Mayor Ryan from Lake Como and will be co-sponsoring a League resolution in favor of local impact fees; on 10/19, will attend first meeting as League of Municipalities’ Legislative Committee member – assigned to taxation and finance sub-committee; met with our unions.

Administrator Riehl: applied for and received $100,000 County contribution for Lake Louise – applied for $280,000 contribution for Lake of the Lillies; had preconstruction meeting on Little League field project – plan to start around October 17th and finish before year-end; gave all a copy of minutes from three Quality of Life Committee meetings – parking was the largest issue – early bar closings and early last call were totally rejected by groups (Mayor Barrella: focus has been upon creation of additional parking and idea of implementing recommendations of ‘Rice Krispies’ have been summarily rejected).


Dave Cavagnaro (PPB): last 5K race route was advertised the day before the race – next one has been advertised, but not the route.
Mr. Morrongiello (PPB): asked about official e-mail list (Administrator Riehl: not an official list – will get the word out on Reverse 911 through newspapers, web site, e-mail lists; EMC Dempsey: if we have procedure for getting on list, could broadcast on radio station).
Mayor Barrella: asked Attorney Gannon if liquor license restrictions could only be imposed in June (Attorney Gannon: after a hearing and reasonable conditions to mitigate problem) not in position to impose restrictions on those licenses now (Attorney Gannon: generally, no – unless there are incidents or police complaints that must be addressed immediately).


Upon motion by Councilman Corbally the meeting was adjourned at 10:06 PM by consent of Council.

Transcribed by: Maryann Ellsworth, Municipal Clerk & Eileen Farrell, Deputy Municipal Clerk

Attest: Maryann Ellsworth, Municipal Clerk

Published October26, 2011 | Council Minutes | 1275

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