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June 12, 2012

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:41 PM with Mayor Barrella and Council Members Tooker, Gordon, Mayer, Corbally and Reid present. Councilman Lurie was absent. The Municipal Clerk read notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Gordon, to enter closed session to discuss litigation, negotiations, 2 personnel, and contract matters was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

Closed Session began at 6:42PM and ended at 7:09 PM.

Mayor Barrella called the regular meeting to order at 7:19 PM. Present were Council Members Tooker, Gordon, Mayer, Corbally and Reid. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally to approve the minutes of the May 1, 2012 Council Meeting was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

Mayor Barrella presented a proclamation to William Ammirata, former Planning Board and Recreation Committee Chairman, for his service to the Borough.

Donna DeStefano, Municipal Alliance Coordinator: introduced herself, thanked Council for approving her grant application, described the program and invited volunteers (Councilwoman Tooker: High School intern is available).

Borough Engineer Savacool addressed Council regarding train station lot solar panel feasibility – met with Councilman Reid and spoke with Paul Sweetwood, from his office – would do a feasibility study to compare usage with Solar Research Energy Credits (SREC) the Borough would get back, and decide on a power purchasing agreement (PPA), power station or solar plan – generally, a municipality would enter a PPA – no upfront costs and a reduced rate.
Paul Sweetwood, T&M Associates: State and Federal Governments offer solar incentives – most economical for municipalities to enter into a PPA with third party provider – because NJ has met the legislative goal for solar, there has been a reduction in incentives, and it is no longer economically viable for a third party provider to sell power for less than electricity – there is pending legislation to amend the goals for solar and make improvements to bring incentives up – looks like it will go forward in a couple of months – feasibility study is necessary to see if it is worth pursuing, even if regulations change – new provisions could make solar even more attractive because they would allow an individual to provide power for distributed locations, aggregating costs to non-contiguous school or municipal buildings, increasing the size of the system, and driving down costs – study would need to be updated after a year, if no decision is made (Councilman Gordon: might be prudent to see if legislation passes before authorizing study) there is pent-up demand from a lot of communities – when legislation passes, they will move forward with projects – once the market attains the required quantity of solar, SREC will drop again, and it won’t be as economically viable – suggested getting our ducks in a row so, if legislation passes, we can be in the first wave benefitting from it (Mayor Barrella: asked what the study would cost) budgeted at about $4,900 – would charge whatever it cost, up to that limit (Councilwoman Tooker: suggested speaking to the people at Antrim School, as they had looked into solar a few years ago) he’d love to see their report (Councilwoman Tooker: asked about the firehouse across the street) won’t impact this project – looking at municipal properties (Mayor Barrella: asked the status of the legislation) out of Committee – in the Senate and Assembly (Councilman Reid: it is moving – Governor has said he would support it) pending legislation would allow a centralized system to provide power to different facilities (Councilman Reid: likes that the town doesn’t have to pay anything; Councilman Gordon: asked about the life of the cells and who replaces them) manufacturers warranty them for 20-25 years – they degrade about ˝ percent per year – installations are sound – didn’t lose panels in Barnegat during Hurricane Irene (Councilman Mayer: parking lot needs work and 90% of usage would be from Antrim School – should talk to them first – if Antrim wants a PPA, they should come to Council about utilizing the lot; Councilman Reid: they are here because he asked them to be – maybe, as a first step, should sit with Antrim; Mayor Barrella: should meet with Administrator Riehl and Board of Education Administrator Savage; Engineer Savacool: already spoke with School Board Administrator – problem with Antrim is the gabled roof, which neither provides proper nor adequate surface area to support solar – but they are interested in an agreement; Councilman Mayer: they should be driving it; Councilman Corbally: asked if DPW roof could be fixed) when SREC value was $600, you could get a roof replaced, parking lot paved, etc. – anticipated SREC value, even with the new bill, will probably be $250-300, so it probably won’t be possible to include those amenities (Councilman Corbally: asked how long the study would take) probably 3-4 weeks (Councilman Corbally: suggested repairing the DPW roof and putting panels there; Mayor Barrella: might not be aesthetically pleasing to Cooks Lane residents – suggested Administrator Riehl meet with Mr. Savage, Mr. Sweetwood and Mr. Savacool; Councilman Gordon: Antrim should foot the bill – they would get return on investment).

Engineer Savacool: gave an update on Arnold Avenue ball field rehabilitation – concern about runoff and whether the fields were graded and playable after a storm – fields weren’t quite graded to what plans indicated – had an under-drain installed, which helped dry out the base line – then, met with Down to Earth Landscaping to discuss remedial measures – could cut sod out of both fields and raise them 2”, or so, to meet the design grades, but that would disrupt play – was decided to extend under-drains within the Minor League field, to re-grade the softball field and extend under-drain fingers along third base on the Major League field – if that works, they’ve met their contractual obligation – if it doesn’t, they would be obligated to come back and raise the fields – presented Council with a contract – if not favorable, can move in a different direction (Councilman Corbally: per contract, Borough would hold about $35K – asked if that’s enough to re-grade the Major League filed and how much it would cost if the other fields had to be re-graded after the season) what is being held should be sufficient – only talking about 2” elevation – $25K, within the scope of the line items bid, is more than sufficient (Councilman Corbally: contract specifies that Mr. Savacool will have final say on whether the contractor should come back – Council should have final say – the fields need to be re-graded; Councilman Gordon: asked why it wasn’t done right the first time - should hold back the whole $140K, because PPB put a giant investment into those fields, and they are sub-standard; Councilman Mayer: asked for an estimate to re-grade) looked at the cost of the infield mix and five days of labor – figured $25K was sufficient (Councilman Corbally: would like to hold twice that much, because work has to be done at the end of the outfield – holds quite a bit of water for a day or two) wasn’t aware of that until today (Attorney Gertner: agreed with Councilman Corbally – the retainage should be substantially greater than $35) $10K is the standard 2% on a contract – looking to complete the work after All Stars (Administrator Riehl: asked if there would be issues with the Prompt Payment Law) doesn’t think so, because he hasn’t approved any payments (Councilman Mayer: asked if there is an issue with fencing around the retention pond) made some fencing suggestions – probably an $8K job – would go out to quote (Mayor Barrella: asked that Mr. Savacool and Mr. Gertner meet to come up with a reasonable number to hold back; Councilman Mayer: asked for Mr. Savacool’s recommendation on the fence) doesn’t think it’s necessary – concerned about aesthetics, but safety comes first.

Historic Preservation Commission Chair will not address Council this evening as he would like to meet with the Planning Board first.

John Alonzo, PPB: addressed Council about a boarded-up house on Channel Drive – been an eyesore and safety hazard for 5 years – having problems with his homeowner’s insurance because they share a driveway – there are 5 containers of gas stored beneath the porch and raccoons running in and out (Mayor Barrella: asked Attorney Gertner to speak with Code Enforcement Officer Petrillo about what can be done; Attorney Gertner: will speak with Ms. Petrillo and give a recommendation – up to Council to give direction and make the ultimate decision for the sake of public health and safety; Councilman Gordon: advised Mr. Alonzo to annotate issues of safety and public health).

COMMITTEE REPORTS:

Councilman Reid: received a letter from Mrs. Egerter, St. Louis Ave., about pool drainage issues (Councilwoman Tooker: spoke to Mrs. Egerter and to Code Enforcement Officer – along with Construction Official will recommend that Council amend ordinance – Bay Head just revamped theirs – can model changes on that) asked Attorney Gertner for an update on the lawsuits (Attorney Gertner: 2 lawsuits relating to the District 4 Parking Plan have been filed against the Borough – both State and Federal claims – Borough has filed a Removal Action, seeking jurisdiction in Federal Court – in addition, there has been a matter filed, administratively, seeking to rescind and/or create an injunction against the implementation of the ordinance relating to the 12 o’clock bar closing – Friday is the deadline to file an answer – he is representing PPB on the 2 parking plan suits – our insurance coverage has provided defense, so the Borough will not be paying the legal fees).

Councilman Corbally: pavers on Arnold Avenue have been coming up since 2007 – he, Administrator Riehl and DPW Superintendent Trout provided the Shade Tree Committee with a list last Tuesday – they classified 7 trees as Level I and 2 as Level II – asked for authorization to get quotes and recommendations from tree experts to save them, cut them down, grind and/or cut the roots, so the pavers can be put down flat and won’t be tripping hazards – Committee did not know about these trees until last Tuesday – they have done some research – when we replant trees, we should put some gravel under the pavers (Councilman Tooker: Committee has replaced some trees on Arnold Avenue the last few years – they work on donations) this is just a first step to see what it costs and what can be done.
Motion by Councilman Gordon to authorize Councilman Corbally to obtain quotes from tree experts was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Councilman Corbally: District 4 pilot parking program goes into effect Friday – asked Administrator Riehl what is needed from business owners for them to get passes for employees (Administrator Riehl: ordinance is on for second reading – if it passes, District 4 businesses can have 1 placard/employee – need business’ name and address, and employee’s name, home address, driver’s license number and plate number.

Councilman Mayer: Finance Committee met June 5th – spoke about revenues, expenditures, purchasing policy – some purchases are preceding purchases orders – working on turning that around – in municipal accounting, should encumber funds before committing to spending them – Administrator Riehl is working on overtime policies – asked committee to look at Seaside Heights’ Parking Service Agency ordinance – would like to move toward Parking Authority dissolution – next meeting is June 19.

Councilman Gordon: Police Committee met and discussed finances – reaffirmed need to stay within budget and curtail overtime – in the last 2 weeks, 25 individual offenses included theft, resisting arrest, disorderly conduct, hindering, harassment, defiant trespassing and simple assault – 4 suspects were arrested on outstanding warrants – 11 juvenile arrests – 92 Borough ordinance offenses included urinating in public, noise violations, drinking in public and misbehaving – Police responded to 5 burglaries, 16 complaints of criminal mischief, 24 motor vehicle accidents and 31 First Aid calls – over Memorial Day weekend, there was a record number of arrests – a total of 226 – 180 Borough ordinance violations were up from 144 last year – 46 criminal arrests were up 2 from last year – the first weekend after Memorial Day, there were 64 Borough arrests, 40 Borough ordinance violations, which is down from 62 last year, and 24 criminal arrests, up from 17 last year – the second weekend after Memorial Day, there were 57 Borough ordinance violations, down from 87 last year, and 28 criminal arrests, up from 18 last year – parking violations are on a par with last year – grateful for the great work Police do.

Councilwoman Tooker: No report.

Mayor Barrella: this weekend it was relatively quiet, but there was a rain storm Saturday night.

Administrator Riehl: No report.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) OPENED AT 8:20PM


Vince Castin, Point Pleasant Beach (PPB): asked about District 4 parking placards (already mailed); hopes money will be held back until field is graded; asked about item 1/j (computer system upgrades for Police Department, funded under capital bond), item 2/q (airtime usage fees to use credit cards in parking machines).
Attorney Gertner: asked that Council hold Ordinance 2012-24, as there are points that need to be discussed and he would like public input prior to introduction, - asked that Ordinance 2012-22 be held as there are policy questions that Council should discuss prior to introduction, in terms of locations and fines – Ordinance 2012-23 addresses a change in State statute – Ordinance 2012-21 deals with a change in State statute and deletes reference to a decibel reader, since the Borough does not have one and has no plans to purchase one (Councilman Mayer: asked what it would cost; Chief O’Hara: probably $10K or more, and there is training involved – by the time it is set up, the noise has been abated – not practical in our environment – too much surrounding noise; (Councilman Reid: concerned about the taxi ordinance and uninspected taxis in town) suggested phone conference with himself and Chief O’Hara - legally, cabs which are not licensed in PPB can pick up fares here, and are free to drop off fares in PPB (Councilman Mayer:: fine balance of competing desire of licensing those cabs and need to move Boardwalk bar patrons out quickly after bar closings) proposed ordinance is based on New Brunswick’s, per NJLM’s recommendation – will try to incorporate all concerns (Mayor Barrella: will incorporate concerns and try for first reading at the next Council meeting).
Robert Dixon, PPB: asked how many officers are working this year, as opposed to last (added 30 more shifts/week – a shift is 1 officer working an 8-hour day) more officers will yield more arrests (Councilman Gordon: doesn’t preclude that the offenses occurred) not saying they didn’t – just have a record of them now because there is more manpower; last year’s parking referendum was voted down – people don’t want permits (Councilman Gordon: that was for a town-wide ordinance – this is a pilot program for District 4) complained that there is nowhere to put the placard on his motorcycle, and there are security issues around putting personal addresses on the placards – the signs should have been bagged until plan was put into effect (Mayor Barrella: told the businesses they could bag them until Monday following their request; Attorney McGlynn: countered that was not what they asked for) District 4 parking plan should be put to a vote.
Jack Scarfone, PPB: asked what has changed as it was previously stated that the ordinance wouldn’t work without County roads (Councilman Corbally: still expect to get County roads – pilot program will be in effect only this year; Mayor Barrella: ordinance expires on December 31st) has a convertible – concerned that someone will steal his placard.
Marilyn Burke, PPB: asked Councilman Gordon to define “crimes” vs. “arrests,” which he mentioned in his report (Councilman Gordon: doesn’t recall making that differentiation – read what criminal arrests included); her guests were confused by the parking signs being up too early – asked the cost of making and erecting them ($7,800 for signs, poles, placards, postage, etc.) it’s an invasion of privacy for her address to be on placards used by her rental properties (Councilman Corbally: if she brings them to Borough Hall, the address will be changed to that of the rentals – will look into it next year, if program goes forward) asked how many rental units are in District 4 (Councilman Corbally: about 1,200) and how many parking spaces are available – not enough spaces for the units; asked Councilwoman Tooker to provide the number of trees replaced on Arnold Avenue.
Patrice Knight, PPB: lives behind The Ark, where there is permit parking – her permit is numbered and does not show her address – suggested the same system for District 4.
Paul Ward, Broker/Owner of Ward Realty, PPB: asked Attorney Gertner about the logic of a landlord being held responsible for his tenants’ actions in Ordinance 2012-23 – and complained that because the penalty spans 24 months, violations could be made by multiple tenants (Attorney Gertner: this was answered by the amendment to the State statute).
Dave Cavagnaro, PPB: asked if provision of ABC licenses would be a 12AM closing (Mayor Barrella: licenses will indicate that hours are subject to Borough’s Hours of Operation ordinance); asked that Weekend Task Force check parking on front lawns; heard Seaside sells parking spaces on County Roads (Mayor Barrella: County has given Seaside Heights approval to limit County road access to someone who is willing to pay for a spot) should put signs on the County roads and have the County prove why we’re wrong (Mayor Barrella: prefers to give them the opportunity to see the error of their ways; Councilman Mayer: asked Administrator Riehl to have Code Enforcement Officer Petrillo provide updates on Weekend Code Enforcement; Mayor Barrella: has written the County and will write them again, asking for an explanation of how they can allow Seaside to do this, and offer up as a basis that public right-of-ways must be open to everyone) complained that some microphones don’t work.
John Dixon, PPB: asked when the pilot parking program will start (this Friday) has observed that every spot has been taken – people have been ignoring the signs – mobile signs should be used to alert people of the plan – not fair to ticket people if they’re not aware of it – originally, Councilman Corbally said this plan would force people into Silver Lake lot where the town would make money, and that the plan wouldn’t work without County roads – we don’t have the County roads and this will force people onto Chicago and Baltimore Avenues – will have more problems – people who don’t live here will park in District 3 or will find the free spots on the County roads (Mayor Barrella: they may park in the municipal lot, knowing that it’s free after 11PM) changes being made tonight are opposite of what was told to the public 2 months ago – it’s a completely different ordinance – if this was presented 2 months ago, there probably would have been a lot more people here.
Dan Friendly, PPB: Mayor and Council were elected to do the will of the people – nobody wants the bars closed at midnight – will be voted out of office for doing the opposite of what the people want.
Patrick English, PPB: complained about the Animal House provision that a previous complaint against a landlord can be brought up even if he was found not guilty (based on the State statute) doesn’t understand why the State should have control over seasonal rentals (Attorney Gertner: a Hearing Officer is vested with the authority to deem whether past history is relevant); Mayor should not have voted on the parking plan, because he tried 4 times to get a parking plan passed and made a statement in the papers that he’d never get involved with it again (Mayor Barrella: in 2008, he proposed a limited paid parking plan in District 4 – there was an uproar over it - appointed a committee that came up with a Borough-wide paid parking plan – no interest – based on that, he stated that he would not support a paid parking plan – this is not a paid parking plan and has nothing to do with raising revenue – it is a quality of life and public safety issue); (Councilman Mayer: asked Mr. English if he supports strengthening or weakening the Animal House ordinance) supports getting rid of problems – does not support having 2 years hanging over a landlord’s head for the actions of a resident or visitor; he lives in District 3 and couldn’t find a parking space in front of his house this weekend – it took the sweeper about ˝ hour to take all the garbage off the road in front of his house – maybe Council helped the quality of life in District 4, but hurt him in District 3.
Motion by Councilman Corbally to close public participation was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) ENDED AT 9:17 PM.

Clerk Ellsworth added items to Consent Resolution 3.
Motion by Councilman Gordon, to adopt resolutions covering items listed below, was seconded by Councilman Corbally and carried by roll call vote.
CONSENT RESOLUTION 1:
a) P O to Smith & Warren for badges ($2685.70)
b) Payment to United Computer for 2nd qtr computer network support services ($2550)
c) Payment to State of NJ for employee health and Rx benefits for June ($108,718.04)
d) Payment of annual contribution to PPB Parking Authority ($50,000)
e) Appointment of replacement seasonal public works laborer (1)
f) Approval of Ocean County water quality management plan
g ) P O to Bill’s Work & Casual Wear for parking enforcement officer work shorts ($1058.94)
h) P O to Bill’s Work & Casual Wear for special officer uniforms ($2112.34)
i) Payment to Devo & Assoc for pay machine paper ($2342)
j) P O to Sungard HTE for Naviline migration upgrades ($25,120)
k) P O to Motorola for portable police radios ($153,896.84)
l) P O to Lifesavers for Defibtech Lifeline AEDs ($5418.34)
m) P O to Winner Ford for police interceptor ($28,182)
n) P O to Major Police Supply for emergency equipment parts/installation in police vehicle ($13,468.07)
o) Authorization for Deborah members to solicit local merchants for raffle prizes
p) Approval of 16-foot curb cut request – 206 Washington Ave
q) Payment to Interact for annual renewal of mobile licenses ($5713.20)
r) P O to Turf Equipment for Toro Groundsmaster mower ($17,145.94)
s) P O to Hertrich Fleet for 2012 Dodge Ram Quad Cab ($17,351)
t) P O to Grainger for Tennant litter vacuum ($40,442.50)
u) Payment to Brick Utilities for May bulk water usage ($68,120.22)
v) Approval of Elks ABC Social Affair Permit for Fluke Tournament on 7/20 & 7/21
w) Approve sewer bill relief due to pool liner leak – approved by Administrator
x) Approval of Elks ABC Social Affair Permit for ‘Team Rosa’ fund raiser on 6/17/12
y) P O to Staples Print Solutions for pats (ticket paper) rolls ($2525)
z) Payments to the Galvin Law Firm from BOA escrow accounts ($1681.36)
CONSENT RESOLUTION 2:
a) Performance Bond release – Joe Leone’s
b) Approve Disabled Vets Chapter 20 S/E application for annual “Forget Me Not” drive on Boardwalk
with waiver of fee
c) P O to Mitchell Humphrey for Construction Code software & license ($11,338)
d) Authorization to bid for water meters
e) Appointment of Peg Born to Recreation Committee
f) Void W/S payment plan – 348 River Avenue
g) Approval of computer generated vouchers ($583,463.30)
h) P O to Mitchell Humphrey for zoning software (not to exceed $5,300)
i) Authorize Boro Administrator to executed updated plan documents for 457(B) employee deferred
compensation plan (funded through voluntary employee deductions)
j) Amend Schedule “C” agreement with County of Ocean ($5,000)
k) P O to Mitchell Humphrey for Building Dept computer software maintenance (not to exceed $3,000)
l) Progress payment #1 to Insituform Tech for work completed on cured in place sewer main lining
project ($320,235.63)
m) Authorize payment plan for water/sewer bill – 116 St. Louis Avenue
n) Payment to Ocean County Landfill for tipping fees ($50,000)
o) Payment to Selective Insurance for police Boardwalk sub-station flood insurance ($4070)
p) Payment to Hunter Technologies for phone & computer services ($3352.62)
q) Payment to Devo & Assoc for Parkfolio meter airtime ($18,028)
r) Refund of tax overpayment ($5546.25)
s) Scheduled payment of district taxes to the PPB Board of Education ($877,547.28)
t) Payment to Garden State Highway Products for parking sign posts & signs ($6075)
u) Progress payment #1 to Diamond Construction for work completed on Boardwalk reconstruction
($87,171)
v) Refund tax overpayment – 402 New York Avenue
w) Approval of Payroll #10 ($246,079.66) and Payroll #11 ($261,208.38)
x) Payment to AC Schultes for replacement of bolts in high lift pump room ($5335)
y) P O to This & That Uniforms for police raincoats & windbreakers ($5639)
z) Approve Gamma Phi Beta Sorority S/E application for Boardwalk canning for Children’s Miracle
Network
CONSENT RESOLUTION 3:
a) Authorization for Borough Engineer to proceed with Woodland Avenue road reconstruction project
as per Scope and Budget dated 6/5/12
b) Approve Jett Foundation S/E application for Jett Ride on 8/3/12
c) Amend Pt Pleasant Beach Outlaws S/E app to include two Sunday play-off dates
d) Authorization to proceed with shared service agreement for Borough mechanic services with the
Point Pleasant Beach Fire Department
e) Authorization to proceed with shared service agreement for Borough mechanic services with the
Point Pleasant Beach Board of Education
f) Approve amendment to Downey Side special event application for new route
g) Water/Sewer bill adjustments (2 accounts)
h) Deny water/sewer bill relief requests (3)
i) Authorize advertisement for police dispatcher
j) Authorization for employees’ children to attend the Recreation Summer Program (Closed Session
Item)
k) Approval of Memo of Agreement with the Transport Workers Union (Closed Session Item)
l) Authorize RFP for CAFRA permitting process (Closed Session Item)
VOTE: Council Members Tooker, Gordon, Mayer (All except Item 2t), Corbally and Reid (All except Item 2t)….YEA
Councilmen Mayer and Reid (Item 2t only)….Abstain

Robert Shea, Attorney for Chef’s International: they are aware of an issue communicated via e-mails from a neighbor – would like an opportunity to address his concerns at the June 26th meeting and to have their experts review whatever information the objector has (Attorney Gertner: requested that the hearing be held at the June 26th Council meeting, since it’s already scheduled, and there is pressure to have this done by the 30th – received a curriculum vitae of a proposed expert from the objector – he asked that they give the licensee at least 10 days notice of any proposed evidence, so they could form a defense) he presumes, if they do not receive the evidence 10 days in advance, that the objections are lifted or void (Attorney Gertner: put it on the record that they have the right to make the argument that they would be foreclosed from presenting any evidence not provided with 10 days notice) confirmed that there has only been one objector, who has articulated in writing (Attorney Gertner: suggested starting the hearing at 5:30, with no objections from Council).
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Gordon (who reiterated that renewals were contingent upon compliance with PPB ordinances) and carried by roll call vote.
CONSENT RESOLUTION 4:
a) Renewal of ABC Consumption Licenses (13)
b) Renewal of ABC Club Licenses (2)
c) Renewal of ABC Consumption Licenses with broad package privilege (4)
d) Renewal of ABC Distribution Licenses (3)
e) Establish Hearing Date for renewal of Wharfside ABC License (June 26, 2012 at 5:30PM)
VOTE: Council Members Tooker*, Gordon, Mayer, Corbally and Reid….YEA
*Councilwoman Tooker: echoed Councilmen Gordon and Corbally – feels comfortable with moving everything because of the 12 o’clock closing, which will help to start to address some of the problems.

Ordinance 2012-16 (Modify ABC License Hours upon Petition by Licensee), with proposed amendment, was considered on second reading. Mayor Barrella opened the public hearing.
Dave Cavagnaro, PPB: Councilman Reid raised the concern that the DCA had issues with this – asked if that’s been resolved (Mayor Barrella: their letter stated that if we’re going to anticipate this as revenue, must establish the basis under State law) shouldn’t put a price on quality of life.
Robert Dixon, PPB: asked if anyone has researched the snowball effect this will have on the town (Councilman Gordon: closing time has been established – this is about the mechanism by which bars can pay for services in order to stay open) this will affect daytime businesses, parking, taxi cabs, everything in town – if no one wants to come here because you can’t park your car, you can’t have a drink, etc., every business will be hurting – this community is built on people coming here, having a good time – you’re telling everyone who doesn’t live here that the town is closed after midnight (Mayor Barrella: we welcome tourists) there won’t be any more fireworks, everything will be closed – he likes to go see the bands – he lives on the Boardwalk and the people going by don’t bother him – if it bothers others, they should close their windows – this place will be turned into a ghost town.
Marc Palazzolo, Alex’s Bait & Tackle and PPB Chamber of Commerce Director: a bad wave has extended as far as Massachusetts, Pennsylvania and Delaware, of people not coming here – people have gotten the impression that we are not a friendly town anymore – we need to remarket ourselves and fix the animosity of the past few months – have plenty of officers who’ve done a fine job the last 2 years – this is destroying a lot of businesses, like party boats who offer firework cruises – understands there will be no more fireworks on Thursday nights because of the expense – begged Council not to do this – the beer distributors will be making less deliveries – this affects a lot of people, jobs and families outside of PPB (Councilman Gordon: Police did a great job last year, but it cost a lot of money – nobody was screaming at Council last year when they furloughed Borough employees for 17 days – there was no concern for employees of this town – there was no concern over all the lost services because we had to pay for the extra police to maintain good order and discipline – the businesses are a fundamental element of this town, but no one is concerned about the residents, who are the fabric of PPB – there is no balance – residents and businesses must work together, but can’t when the scales are tipped in favor of the business – used Ft. Lauderdale, FL, as an example of a party town that closed for business – today, they have reclaimed their town – have to start somewhere) took 20 years (Councilman Gordon: today, it is a family destination that we aspire to be; Councilman Mayer: referenced Belmar, whose renaissance, he said had nothing to do with a 12 AM bar closing, which was reversed after a change in government, but with stronger policing – we are a tourism town and this is part of our tourism – needs to be controlled, not shut down – called Councilman Gordon’s argument about the furlough days bogus – the impact that the bars have on our economy is extreme – goes beyond residents – problems need to be dealt with; Mayor Barrella: asked Councilman Mayer what municipal revenues he perceives will be lost – suspects that the change to a free parking lot will cost $40-50K; Mayor Barrella: thinks it will enhance tourism by bringing families back – got opposing information from people he has spoken to about Belmar – Councilman Mayer has said he believes Ordinance 2012-16 is illegal – every effort to find a middle ground has been sabotaged by either this Council, County or State government).
Ken Suppa, PPB: asked what happened to the real estate prices in Ft. Lauderdale (Councilman Gordon: that was state-wide) driving businesses to close - looks like a personal vendetta against certain people (Councilman Gordon: trying to take back this town – didn’t run as a popularity contest – has no business interest in town) – will have trickle-down economics (Councilman Gordon: this is a wakeup call – Ft. Lauderdale took 25 years to turn-around – if we don’t do anything, in 25 years we become Seaside Heights – this town has changed in 10 years) trying to hold back progress (Councilman Gordon: people urinating and defecating on lawns is not progress) talking about spending money on solar, which is a dying business – should spend it on garbage cans for every corner (Councilman Gordon: inaction leads to where we are today) should put it to the people for a vote.
Dan Friendly, PPB: Council was not elected to impose their ideas on the people – he doesn’t have a business here, and doesn’t want this – the town is telling Council they don’t want this (Councilman Gordon: you’re disenfranchising the people who have come to him and said this is exactly what they want) that’s a very small group – problem is not needing money for more Police, it’s putting Police where they need to be – they do a great job, but are misallocated – should be on the streets by the Boardwalk 12AM-2AM (Councilman Gordon: Chief O’Hara has served this town for decades and understands how to allocate his people accordingly – is disparaging the Chief) has nothing against the Chief – thinks the Police are doing a great job – just thinks there is a better way to do it.
John Dixon, PPB: asked what percentage of court revenues is obtained between 11PM and 2AM (Councilman Gordon: having to hire fewer Specials would offset the lost court revenue; Mayor Barrella: asked where we are as a town if we have to tolerate bad behavior because we rely so much on court revenue – it’s a town-wide problem; Chief O’Hara: translates to about $200K) asked if there would be furloughs if we come in $200K under budget next year (Councilman Gordon: if we don’t have to hire 88 Specials, we can reduce that cost by at least $200K) if we have less Police next year, will fall into the same problem as the last couple of years – asked Councilman Gordon how long he has lived here (Councilman Gordon: almost 3 years – was serving his county for 27 years, and has lived in probably 10 states) he doesn’t know the history of PPB and he’s trying to tell residents how he wants the town to be run (Councilman Gordon: one of the inherent problems with the attitude in this town is that, if you’re not born and raised here, your opinion is not valuable).
John Bezerra, PPB: asked about the emergency appropriation last July (Mayor Barrella: Police Department asked for $155K – $95K was appropriated at that time and the other $60K was used for training the 88 Special officers that were hired on top of our 21 full-time officers, so we have 109 law enforcement officers for a town with fewer than 5,000 people) his family owns Europa South restaurant – Mayor had requested a few business owners and residents meet to come up with some ways of alleviating the problem – had 2 meetings – doesn’t know what happened after that – remembers the Mayor saying that 12 o’clock closings were a last resort – asked what happened since those two meetings that prompted the 12 o’clock closing (Mayor Barrella: there was an unwillingness to make fundamental changes, such as earlier last calls, not stacking drinks, etc. to quiet the town, in terms of people coming out of the bars –we were left with no option – this is not an easy decision) those in the meetings did not have a chance to come up with some good ideas – every idea was stomped upon – didn’t have a chance to meet with Council to present those ideas and go back and forth – understands both sides and that if problems progress, something needs to be done – doesn’t think we are at that stage and the ordinance should be rescinded (Councilman Reid: worried that people won’t come – that it will hurt businesses and their employees; Councilman Mayer: agrees with Mr. Bezerra – should be imposing conditions, bar by bar, to address certain problems, as is done in other towns) the balance is out there, just have to try harder (Mayor Barrella: thanked him for his comments – has not been easy – happy to hear Councilman Mayer talk about restrictions, perhaps, on things like occupancy, stacking of drinks, last call – maybe that’s progress; Councilman Reid: we can regulate some things, but ABC regulates stacking of drinks – we are overstepping our boundaries) suggested it be passed with a contingency that it starts in 2013, giving everyone more time to get back to the table (Mayor Barrella: there will be a resolution because there have been lawsuits filed) asked about the offers he’s read about in the papers (Attorney Gertner: advised Mayor Barrella not to go into that, as it is subject to the litigation).
John Fernicola, Amethyst Beach Motel, PPB: customers are coming to PPB because of the demographic shift in America – closing bars at midnight will send the customers back to his hotel, to the seasonal rentals and properties throughout the Borough, to continue their bad behavior – now, Police will be at his place on a regular basis and, next year, Council will be discussing what to do with him – this will prolong, not solve the problem – urged Council to adopt this ordinance and come back to the table – he chaired the Tourism Advisory Committee – Borough has never marketed its image – there was no leadership to show the businesses where to go.
Motion by Councilman Corbally to close public participation was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Attorney Gertner: made it clear that Council is voting in one fell swoop for both the original ordinance and the amendment as one.
Motion by Councilman Mayer to approve the ordinance as amended was seconded by Councilman Reid and defeated by roll call vote.
VOTE: Council Members Mayer**, Reid****….YEA
Council Members Tooker, Gordon*, Corbally***….NAY
*Councilman Gordon: confused – there is a lawsuit pending that says if we take money from the businesses we are extortionists – if we approve this, we’ll be labeled extortionists and give them justification for their lawsuit – this is ludicrous.
**Councilman Mayer: voted “yes,” as it’s the lesser of two evils.
***Councilman Corbally: had the same question as Councilman Gordon’s.
****Councilman Reid: asked Attorney Gertner if he is comfortable that this is legal (Mayor Barrella: inappropriate question when going into litigation; Attorney Gertner: original opinion letter was leaked so, to an extent, it is public knowledge – has always been his position that it was enforceable, but there was no precedent) stinks to high heaven – wasn’t for the 12AM closing nor the remittance ordinance – doesn’t know why Councilmen Gordon and Corbally voted “no” – thought this was their mechanism.

Ordinance 2012-20 (Amendments to D4 Pilot Parking Plan) was considered on second reading. Mayor Barrella opened the hearing to the public.
Ben Dispoto, PPB: asked why we would give away parking in the Silver Lake lot (Mayor Barrella: lot is usually empty at night – if people park there at 9PM, we’ll at least get 2 hours worth of revenue – also, will alleviate people looking for free parking in areas adjacent to District 4) will be difficult to get that word out to the thousands of people who have used that lot over the years – people won’t expect free parking (Mayor Barrella: the businesses, whose customers use that lot, can get the word out).
Chuck Venedam, PPB: asked why addresses have been put on the placards (Councilman Corbally: to identify owners of the tags – maybe a block and lot number would have been better – it’s a pilot program) concerned about safety – should have a record of the 4-digit numbers on the tags (Councilman Corbally: this was done by volunteers who did not record those numbers)asked if he can block out his house number (Councilman Corbally: doesn’t think the Police would ticket him for that, but it’s not his call; Councilman Gordon: that is absolutely worthy of consideration).
John Morrongiello, PPB: asked why this is even needed if bars are closed at 12 o’clock (Councilman Corbally: will have to be determined, moving forward) asked if the $40K anticipated includes fines issued during that time (Councilman Mayer: there will be a $40-50K impact).
Councilman Mayer: should modify the ordinance to match the dates on the signs – ordinance reads “June 15th to the Monday following Labor Day” and the signs read “May 15th to September 15th (Councilman Corbally: won’t write tickets after date in the ordinance) appeals should come to Council not Borough Administrator (Attorney Gertner: not necessarily – they would file an action) pointed out a scrivener’s error in Section 8 – after “Silver Lake Parking Lot” should add “and on Arnold Avenue from Baltimore to Ocean” because it conflicts with the schedule.
Motion by Councilman Corbally to adopt Ordinance 2012-20 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Corbally….YEA
Councilmen Mayer, Reid….NAY

Ordinance 2012-21 (Noise Control) was introduced on first reading. The Governing Body and Borough Attorney discussed this ordinance in relation to Ordinance 2012-22, and whether they should be considered as a package, with this ordinance being held as well.
Motion by Councilman Gordon, seconded by Councilman Corbally and carried by roll call vote, Ordinance 2012-21 was approved on first reading. The public hearing will be held on June 26, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

Ordinance 2012-23 (Seasonal Rentals) was introduced on first reading.
Motion by Councilwoman Tooker, seconded by Councilman Gordon and carried by roll call vote, Ordinance 2012-23 was approved on first reading. The public hearing will be held on June 26, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

Ordinance 2012-25 (Dispatcher Salaries) was introduced on first reading.
Mayor Barrella: this deals with the sidebar agreement with the TWU, which allows us to hire a full-time Communications Operator, establishing a new salary for a first-year Communications Operator, which is less than the existing salary.
Motion by Councilman Mayer, seconded by Councilman Reid and carried by roll call, Ordinance 2012-25 was approved on first reading. The Public Hearing will be held on June 26, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

Ordinance 2012-26 (Road Opening Infrared Patch requirement) was introduced on first reading.
Clerk Ellsworth: this came from the Borough Engineer and Karen Mills, who issues the Road Opening Permits and the release of the bonds once they are done (Councilman Reid: asked if this must go out to bid; Engineer Savacool: no – this would require the Road Opening applicant to infrared the road after service is complete – makes it seamless; Councilman Mayer: should be a memo in the agenda).
Clerk Ellsworth: the memo came last meeting and that’s how the ordinance got on the agenda.
Motion by Councilman Corbally, seconded by Councilwoman Tooker and carried by roll call vote, Ordinance 2012-26 was approved on first reading. The Public Hearing will be held on June 26, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

PUBLIC PARTICIPATION PERIOD OPENED AT 10:36 PM

Chuck Venedam, PPB: at the end of February/beginning of March, the Mayor suggested that some Council members and Muskrat Jack meet with him regarding feral cats – would like to have that meeting with the people of Brunswick Place before summer starts and there are kids at the rental properties – they could get bitten, scratched or get sick (Councilman Reid: asked about the sonar devices that was discussed at the last meeting; Administrator Riehl: ordered them on May 1st – they came last week) mentioned one that isn’t working – considers them a waste of money – they’re not efficient (Councilman Reid: has been trying to help Mr. Venedam – have been going back and forth trying to set up a meeting; Mayor Barrella: asked Councilwoman Tooker to set it up) he found a “present” in his shower – there is no access – thinks it was left by someone because he has been complaining.
John Szafranski, PPB: gas company dug 20-25 holes on Vetrini Lane and Yale Aveneue (Administrator Riehl: told him he has to speak with Karen Mills; Mayor Barrella: asked Ms. Riehl to have Ms. Mills or someone call him; Engineer Savacool: understands the gas company has a bond with the town; Councilman Reid: they’re not doing a very good job patching) has a problem with the noise ordinance – asked how noise is measured between properties without a decibel meter (Chief O’Hara: if it’s considered excessive, crossing over property lines, then a violation is issued – it’s up to the court to decide if it stands – usually it’s upheld and the fine is paid – if he can hear a noise across the street at 11 PM, obviously it’s a violation) complained about noise on the Boardwalk (Chief O’Hara: there are exemptions for beach bars and amusements – it supersedes our statutes; Mayor Barrella: Senator Ciesla introduced it – would have to contact the State Legislature with concerns).
Vincent Castin, PPB: asked about Silver Lake dredging and funding (Engineer Savacool: will move it along in the next couple of weeks – can be funded through EIT program’s low interest loans).
Ben Dispoto, PPB: thanked Mayor and Council members who supported the parking plan and early bar closings – if PPB is getting bad press, you wouldn’t know it by the Memorial Day crowd – should be commended for taking a stand for the town and the people.

PUBLIC PARTICIPATION ENDED AT 10:46 PM.

Upon motion by Councilwoman Tooker, with second by Councilman Corbally, meeting was adjourned at 10:47 PM by consent of Council.



TRANSCRIBED BY: Eileen Farrell, Deputy Clerk


ATTEST: Maryann Ellsworth, Municipal Clerk


Published July19, 2012 | Council Minutes | 1416


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