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July 17, 2012


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:33PM with Mayor Barrella and Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Lurie, to enter closed session to discuss1 personnel, 2 litigation and 3 contractual (Little League, CAFRA and Prosecutor) and matters, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid….YEA

Closed Session began at 6:35PM and ended at 7:14PM.

Mayor Barrella called the regular meeting to order at 7:17PM. Present were Council Members Tooker, Gordon, Mayer, Corbally, Lurie 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 June 12, 2012 Council Meeting was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Mayor Barrella presented a proclamation honoring Michael Palisi for service to the Borough – had the pleasure of serving with him on the Board of Adjustment - always respected his opinion.

Attorney Gertner: there is a request for adjournment of Wharfside ABC License Renewal hearing – asked Council to modify the agenda and consider items 1/a and 1/b separately – Diana Anderson, Esq. will be representing the main complainant and is not available the first meeting in August – there will be a request to reschedule the hearing for the second meeting in August – counsel for both parties will be speaking and hope to engender a compromise to be ratified by Council.
Robert Shea, Attorney for Chefs International: spoke with Ms. Anderson who indicated that she had* taken over the case for Mr. Lieberman – haven’t had substantive conversation regarding all issues, but anticipate one over the next couple of weeks – must move forward as if the matter is being tried before Council – have some pre-hearing motions to be considered by Council, in the event this matter does not settle – has prepared packages for Mr. Gertner and Council.
Motion by Councilman Lurie to approve Ad Interim Permit application for Wharfside ABC License pending completion of renewal process, and set date for continuation of Wharfside ABC License renewal hearing for 8/28/12 at 4:30PM, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA
Attorney Gertner: thanked Clerk Ellsworth for providing notice of the earlier meeting time – subsequent notice was posted that it was carried – so, any interested party has no reason not to know.

Bill Merkler, President of Down to Earth Landscaping: major issues at Little League field are with drainage – on June 25, had more than 2” of rain – 1/8” fell in addition to that – photos were taken within 12 hours – no pooling nor ponding – issues were rectified by drains that were installed in cooperation with T&M Associates – had .16” of rain on July 15 and 16 – no pooling nor ponding – met with Engineer today and reviewed his elevation shots of the site plan – minor grading to be done - about 2 day’s work – were off by 1/2”to 1-7/8” over entire field – brought information and asked Council for payment – more than $130K is owed them on a $560K project – stands behind their work – designed and installed drainage that was not part of the contract, but they felt was necessary – invested more than $10K – will cooperate with Council, but it needs to work both ways – Little League promised payment for fencing performed by their contractor – have been invoicing them since March and have not gotten a return call from the Little League person who authorized it – asked that it be expedited – Borough Engineer approved it and said Little League would pay for it – it’s around $10K – there was discrepancy in the contract about moving an electric pole – not their responsibility – went over and above to ensure fields were playable in spring and removed the pole – spent a lot of extra time on the fields – not exactly where they wanted them to be, but guarantee they will be (Administrator Riehl: Borough won’t authorize payment without Engineer’s written certification).


Councilman Reid: River Avenue lines were laid down today – met with County Engineer Frank Scarantino and top traffic person 3 weeks ago to discuss speeding on Bay Avenue – was told County would purchase a radar speed sign – studying whether to do a 4-way Stop at the New Jersey and Bay Avenue intersection – Mr. Scarantino will work with Chief O’Hara once he has the findings – County will also put in a cross-walk (Councilman Gordon: if deemed that a 4-way stop is warranted, suggested turning the blinking amber light at Atlantic Avenue red and moving it down a block, to save County taxpayers) good idea – will ask – lot of people cut through New Jersey and Gowdy Avenues – asked Clerk Ellsworth to send the County a letter, asking them to look into speeding on Bay Avenue; he and Administrator Riehl met with the School Administrator regarding the canopy solar panel project – would be a major project – energy created could go to the DPW and school – school is open to it – Governor will sign language supporting solar in NJ and will tell energy companies they need to buy more solar power – must decide whether to authorize T&M to perform a feasibility study [Councilman Mayer: asked if Board of Education (BOE) is willing to pay, as they are the primary beneficiary – percentage would be about 95/5; Administrator Riehl: no] would benefit the school, town and taxpayers – sometimes you have to spend money to make money – panels could be installed at other school areas (Mayor Barrella: asked if he is talking about covering the whole the lot) yes – perhaps to DPW (Mayor Barrella: concerned about aesthetics – asked Councilman Mayer about his objection; Councilman Mayer: $4K study will address only the solar and not the lot’s condition) study will tell if the solar panels will pay for the expensive structures (Councilwoman Tooker: suggested a parking deck with solar; Councilman Mayer: doesn’t know the wattage at the school and not crazy about the look of solar canopies) can be aesthetically pleasing (Mayor Barrella: asked the benefit to the municipality, besides lower taxes and the benefit to BOE) government has to take the lead on certain issues and towns are taking steps to be green (Mayor Barrella: asked if the canopy would cover the full lot; Administrator Riehl: no – down the center line) can do quite a bit with the canopy, even make it look like a wave (Mayor Barrella: asked if Councilman Mayer would be comfortable if BOE agreed to reimburse the $4K if Borough moves forward) talking about a bigger project now, with canopy at DPW as well – can look into a new roof; Councilman Gordon: risk that the study says it’s not a good thing; Mayor Barrella: then we eat the $4K) a major construction site – might work, might not – should look into it; Councilwoman Tooker: should look into 3-level deck if doing all that construction anyway) believes it’s $1M/floor [Attorney Gertner: study deals only with square footage/what coverage will be available; Councilman Lurie: need revised proposal; Councilman Mayer: BOE already did a usage study – it’s complicated – Power Purchasing Agreement (PPA) would be signed by the BOE, minor PPA for municipality for DPW – BOE will need an interest in the municipal lot – not against solar, but it’s odd that we’re starting this; Councilwoman Tooker: covered parking would be nice; not a solid structure) there are some solid structures (Councilman Mayer: to go green, should look into what’s open in our energy audit; Administrator Riehl: it is actually a Parking Authority lot, not a Borough lot; Mayor Barrella: advised Clerk Ellsworth to add a separate resolution to the agenda for public input).

Councilman Lurie: No report.

Councilman Corbally: he, Councilman Reid and Mayor Barrella met with the Chamber of Commerce about negative publicity – all are concerned – should work on that; spoke with Administrator Riehl and Code Enforcement Officer Petrillo about Arnold Avenue trees that are at the end of their life span and/or are lifting pavers – Ms. Petrillo is sending a letter to store owners, asking them to remove the trees and re-plant them; District 4 pilot parking program seems to be working – other than those who were ticketed, District 4 people with whom he spoke are happy (Attorney Gertner: spoke with Court personnel – given the litigation, they have stalled fine collection – meeting this week to finalize the process – still hope that the ordinance will be part of the fee schedule – if not, it appears that pleas by affidavit would be acceptable – will have a final answer by next Council Meeting); lots of issues to be dealt with at the Little League park – will discuss in closed session tonight.

Councilman Mayer: Finance Committee met via teleconference – touched on the status of tax bills, the audit, and annual report – Administrator Riehl is drafting an alternate presentation of revenues and expenses, which compares prior years, and did a markup of a PO/voucher payment policy, which will develop over the next couple weeks – started looking at maintenance responsibilities and obligations of some Boardwalk easements – spoke about how many tax appeals have been settled and how many are outstanding, what the tax dollar reduction is, etc.; meeting with Parking Authority August 2nd; sand came to the Inlet; discussed current $275 public urination fine – spoke to Lt. Dikun – hoping to defer to the Police, Civil Defense, Waterways and Municipal Court Committee to increase the penalty – should consider the $2K statutory limit – would like to establish what other towns are doing – has a number in mind, but should discuss further; lot of unlicensed cabs are in the Boardwalk area at closing time – would like the Inspection, License and Building Code Committee to look at mercantile licenses or additional taxicab licenses in the RC Zone – real thought and not just a knee-jerk reaction (Attorney Gertner: asked if there is any thought about the number of medallions) current medallion owners should be asked if they can provide additional service – important to have lots of cabs at that hour (Councilman Reid: company in PPB pays $100/cab – doesn’t want to get in the way of other cabs picking up, but they should have a license – not fair to charge one company and not others; Attorney Gertner: Councilman Mayer is correct – it should go to committee for solid recommendation – issue is whether to approach incrementally or look at the broad policy; Councilman Corbally: asked Lt. Dikun how it can be controlled; Lt. Dikun: question of whether to get people out en mass to lessen the impact on residential neighborhoods or take a hard stand against people coming in – difficult to control cabs dropping off – can better control over those picking up fares– have more cabs coming in than previously) would prefer to focus on the narrow issue of whether to have additional mercantile licenses for taxicabs picking up in the RC Zone (Mayor Barrella: if 10 more companies are licensed, will still have the issue of those coming from outside PPB to pick up).

Councilman Gordon: supports increased public urination fines – PPB has a lot of violators; Borough ordinance arrests for June 25th-July 2nd and July 4th were 148 in 2010, 139 in 2011, 123 in 2012 – criminal arrests were 25 in 2011, 47 in 2012 – Borough ordinance arrests for July 2nd-9th, not including the 4th, were 41 in 2011, 55 in 2012 – criminal arrests were 11 in 2011, 21 in 2012 – Borough ordinance arrests for July 9th-16th were 62 in 2011, 46 in 2012 – criminal arrests were 22 in 2011, 37 in 2012 (Councilman Mayer: asked that 2008 and 2009 numbers be included in Councilman Gordon’s report; Councilman Reid: asked the status of police overtime) minimal last week (Mayor Barrella: DPW was much higher); asked Glen Paesano to recap Recreation movie night (showed “Ghostbusters,” had trivia game, awarded prizes to kids – over 50 attended – great time – next one is August 3rd) Family Fishing Night July 21st at Loughran Point – encouraged participants to walk or ride bikes, as parking is at a premium – Alex’ Bait shop will provide equipment rentals at reduced costs (Mr. Paesano: July 28th is Summer Social at the VFW – BBQ, games, kids’ events – $8 adults/$3 children) saluted the Recreation Committee.

Councilwoman Tooker: dramatically quieter in District 4 after 12AM – wishes Boardwalk businesses would advertise free parking in lot – pilot plan is working; Building fees are down slightly; Code Enforcement Task Force caught over-occupancy in a house – summons was issued – Building permits were $17,455 for the month, mercantile licenses $2,610, CO’s $24K, Fire Prevention $1,105; Environmental Commission and Barnegat Bay Partnership representatives met with Elizabeth-Blodgett Association about Lake of the Lillies restoration – plans are stalled, as DEP has issues, including lawn being left along the lake – association was shocked because they signed off long ago on putting in a buffer – didn’t want a lawn – they view the lake as a wildlife habitat and want it fully restored – lake liaisons, Tom Davis and Ryan Ballou, will work on a planting plan, submit it to the Engineer for approval and it will go to DEP as a codicil to the permit – Pete Ritchings has reached out to DEP – should be a smoother application – asked Administrator Riehl to contact the County about cleaning silt traps – need to be on a better schedule; Commission is happy about the better Inlet cans - hiring a new Comfort Station Attendant who will clean at the Inlet during the day - still need a sign for the fishing line receptacle; thanked Administrator Riehl for bike rack at New Jersey Avenue; Open Space is concerned about Maryland Avenue Beach RFP – want cheaper resident badges and children under 12 free – per Public Advocate case against Bay Head, can’t have cheaper badges for residents on a public beach and children under 12 are free on all public beaches; Open Space doesn’t agree with chain link Boardwalk fence; there are filthy pavers, cigarette butts and weeds along Arnold and Bay Avenues – government must support businesses, but businesses must also support themselves – 5-minute daily sweep and monthly weeding would make a difference – will visit businesses in September and encourage that (Councilman Corbally: Joe Introna, of Joe Leone’s, suggested businesses power wash stores quarterly); other projects include weeding the rain garden and Rickover Park; spoke with Ms. Petrillo about tree limbs – local girl was knocked off her bike by one – residents need to be made aware of the code to keep trees maintained; asked Council to consider an ordinance banning animal sales – had an egregious offender for years – puppy mills are unregulated and Federal animal cruelty laws don’t apply to farm animals (Mayor Barrella: told Clerk Ellsworth to get a copy of Brick and Point Pleasant ordinances).

Mayor Barrella: 3 eventful weeks since last Council meeting with appeals, litigation, stays, motions for stays, attempts to go to the Appellate Division to overturn, denials of stays – last week, he received the latest 27-page lawsuit filed by Jenkinson’s and Martell’s – wishes they could resolve their issues – as a litigator, believe every case should be settled, but am not afraid to litigate and will not be intimidated or harassed – this can be worked out – attempts to intimidate will be counter-productive.

Administrator Riehl: received 2 quotes for 422 feet of chain link fencing – one just under $16K and one for $11K (includes area around Beach Condo Association bulkhead – discussion ensued over association’s request for Borough to fence off that area, and who is responsible to pay – when Borough did the Boardwalk project, association contracted with the contractor to replace their bulkhead, which is now exposed because sand wasn’t restored to previous height – someone could fall off the Boardwalk, and dunes could be trampled. Council decided on split-rail wooden fence for about $1,500.

Clerk Ellsworth removed item 1/d, which is a duplicate of June 12th item, and added item 2/t and Resolution 3.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) OPENED AT 8:29 PM

Frank Gualtieri, Brick: received District 4 parking ticket – not contesting it – an honest mistake and will pay it – vehemently opposed to mandatory court appearance – a teacher - unwilling to take time off work for court – negative publicity comes from things like this, which is ticking off locals (Attorney Gertner: fairly confident the issue will be resolved and a court appearance will not be necessary – will probably be a secondary notice in the mail).
John Fernicola, Amethyst Beach Hotel: has been the worst 3 weeks of occupancy he has seen in 50 years – received phone calls questioning what’s going on in PPB – way too much publicity – not being marketed as a family-friendly resort – need to paint a picture of who we want here, not who we don’t want – must come partly from Council – divide between elements of the tourism community and the Governing Body has caught many businesses in the middle, because no one is thinking of the unintended consequences – instead of spending money on studies, should spend it on bathrooms, information officer, change machine for meters – we are in the business of tourism – need an entity to advise Council of what the industry does – everyone got it wrong, but there is an opportunity to get it right, get a good message out there and save what’s left of the summer.
Terry Donofrio, President - Beach Condo Association: happy about the wooden fence – concerned that no one falls through – checked the sand height on the old and new bulkheads and there is no appreciable difference (Administrator Riehl: there was no fence on the west side before, and the bulkhead was never exposed – fence is being put on the east side, not the west); Mayor Barrella: Boardwalk used to be up against the bulkhead – there was no gap – doesn’t understand why there is now; Administrator Riehl: Boardwalk footprint did not change) as far as the association knows, the bulkhead footprint did not change (Councilman Lurie: any drop over 18” must have a railing – must go to Construction Official Gardner; Administrator Riehl: Mr. Gardner has been up there twice to look at it) the drop is from the Boardwalk (Councilman Mayer: asked how much fencing they’re talking about on the west; Administrator Riehl: about 100’, which was included in the $1,500 quote; Councilman Reid: suggested installing it and charging the Condo Association; Mayor Barrella: $400 dollars for fencing, that would prevent someone from potentially falling off our Boardwalk onto the association’s bulkhead, and subjecting both to liability – suggested the Borough pay for the whole fence – if the association wants, they can make a donation to the Endowment Fund).
Diane Puleo, Beach Condo Association: concerned the railing might not be safe – asked for Council’s permission to put lattice on the back (Mayor Barrella: Mr. Gardner would have to approve – no objection from Council) asked if “Caution” tape could be used in the interim (Mayor Barrella: DPW Superintendent Trout can nail in 2’x4’s and put some up).
John Shipley, Pt. Pleasant Beach (PPB): retired Rahway State Prison sergeant – when an individual acts up in prison, he is held accountable – $275 for public urination is a joke – make it $2K and put signs on the street – midnight bar closing doesn’t solve anything – people will still act up.
Vince Castin, PPB: heard Mr. Merkler say the Little League field isn’t perfect, but he wants to be paid anyway – when he was in business, he did it right, or he didn’t get paid – asked Council to discuss drainage at the Woman’s Club, and if it is the town’s responsibility to cut grass by the retention basin behind the VFW (Councilman Corbally: VFW is the town’s responsibility – towns owns the Woman’s Club lot – plan is to re-grade it in the next month or so – talking about putting a drain on the north-end swell in back of the Woman’s Club) asked about Silver Lake status (Administrator Riehl: proposal will be done before end of next week) asked that a pump in the viaduct area be included in the project – will make the lake look nicer and attract wildlife; in reference to item 1/v, doesn’t believe the job was done sufficiently – recommends not paying (Administrator Riehl: they have worked, with the Police Department and DPW on priority items, up to the limit of their $25K budget – hope to budget for this yearly) doesn’t look good; suggested a store, run by the Animal Welfare Committee, to sell geese (Councilwoman Tooker: eggs weren’t addled this year – should have been).
Robert Dixon, PPB: people aren’t coming to PPB anymore – Boardwalk is busy on weekends, but a ghost town Monday-Thursday; hang tags are made to be used once – illegal to be on rear-view mirror while driving – tags are falling apart and people are getting tickets – mandatory court date is ridiculous and due to improper planning – 3 meetings ago, brought up fact that motorcycle can’t be parked by house because there is nowhere to put the hang tag (Mayor Barrella: if tag is falling apart, bring it in and Administrator Riehl will issue a new one) ticket doesn’t specify a $48 fine – and then there are court costs (Attorney Gertner: judge indicated he was not accepting guilty pleas yet, because of litigation – has nothing to do with planning – Mr. Dixon’s comments have been taken into account - meeting with Court personnel and is almost guaranteeing a resolution that folks won’t have to come in – will be able to report in public at next Council Meeting) people come here from out of state and drive company cars – tickets might be going to a company where no one is looking at them - worried about the person who’s tag fell on the floor - objected to people having to leave their families and move their cars to the public lot at 11:30 PM – they may not come back, and then the town loses revenue (Mayor Barrella: maybe they’ll park in the lot in the first place) no trouble finding parking since the pilot was enacted.
Marilyn Burke, PPB: suggested a project manager to review all projects and identify steps to be completed, to avoid problems like sending someone to court when it isn’t necessary – can’t always find everything, but can get the big things – would help the Governing Body and residents; asked all to consider what it’s costing taxpayers – $160K from the Boardwalk businesses to stay open later, lost parking revenue from the Silver Lake lot 11PM-6AM, cost of Police Officers patrolling the Boardwalk 11PM-2AM, and potential lawsuit which could drive up insurance premiums (Mayor Barrella: Ms. Burke is a plaintiff in one of the lawsuits – it wouldn’t be appropriate to engage in dialogue with her) doesn’t need an answer now, but would like one and residents deserve one since they are paying (Mayor Barrella: suggested she read his June 1st “Ocean Star” editorial, in which he wrote that some have determined time began on March 6th when Council first spoke this year about the steps that culminated in the passage of Ordinance 2012-15 – problems went back well into last year and Governing Body spoke about them last year, wanting to find an amicable solution with the tourism industry – was made clear Council wouldn’t tolerate a repeat of last summer – there were legitimate approaches which could have accomplished what was needed without closing bars early); asked how much PPB could save with the solar project (Councilman Reid: feasibility study will show that) has looked into several solar projects – are very misleading; Down To Earth should not be paid if work doesn’t meet specifications.
Dan Friendly, PPB: asked why Council would push midnight bar closing and drag PPB through court, if the pilot parking program is working and problem has been solved (Mayor Barrella: problem hasn’t been solved – things have gotten better – Council has tried to take the harder approach and avoid early bar closing – may be able to reach an amicable resolution with the industry – filing lawsuits is not the way to get him to compromise – a phone call to sit and talk is a better approach) Governing Body is looking at this as a contest between the Boardwalk and themselves – Boardwalk businesses will make millions, regardless if bars close early – mom & pop bars and restaurants will go out of business – innocent businesses aren’t being taken into account (Mayor Barrella: understands, but Mr. Friendly is pointing the finger in one direction – everything is susceptible to settlement, but must be a reasonable approach) should speak to the innocent victims – is starting to like pieces of the parking program, but it wasn’t thought through – doesn’t need to go as far north as the fishing boats nor extend so far into town – understands both sides, but Council controls what happens to the rest of the PPB businesses.
Dave Cavagnaro, PPB: asked about court fines, compared to last year (Councilman Corbally: year-to-date figures are up about 10%) so the parking plan isn’t hurting revenue (Mayor Barrella: too early to project – will know in August or September) Niblick Street, Parkway and Central Avenue are much cleaner than Baltimore and Ocean Avenues – rarely sees bottles, cans and cups when walking on municipal streets – also quieter at night – commended those who supported the plan – hopes it continues next year and that County roads can be included; County is not gassing geese this year – numbers are down due to previous gassing (Councilman Tooker: they contribute it to addling – there were other measures besides lethal ones); questioned status of Boardwalk Special Assessments (Councilman Mayer: bond ordinance is expected to be introduced next meeting – trying to get good information in terms of easements, hasn’t received it yet – will see what they say about repair and maintenance before recommending to Finance Committee – should have recommendation next meeting) can’t hear Councilman Mayer from his seat; concerned about aesthetics and cost of solar panels.
Glen Paesano, Open Space Committee, PPB: disagreed with Councilwoman Tooker’s statements about the Maryland Avenue Beach – doesn’t understand why she would report on Open Space when she is not the Committee liaison (Attorney Gertner: at Green Acres sites, absent the beach, you can charge residents half that of non-residents – the beach has different legislative and administrative make-up; Mayor Barrella: discount is season badges vs. daily badges) odd that Open Space has been trying to buy a beach for so long when there is no benefit to residents (Attorney Gertner: not true; Mayor Barrella: there are other issues – this year, Belmar took in $3.8M in beach badge revenues, which is allocated to their beach utility for police and sanitation services – takes it out of the Municipal Budget, so it has a huge impact) to him, it’s using Open Space as a revenue source (Mayor Barrella: using Open Space money to buy a beach would not enable residents to access the beach for less than non-residents) thought the Open Space and Recreational Trust Fund was designed to increase recreational opportunities for people who pay into it – makes no sense to buy properties if it has no benefit to those people (Mayor Barrella: that’s an over-simplification).

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) ENDED AT 9:21 PM.

Councilman Gordon asked for clarification of item 2/a (authorizes Police Chief to put up barricade on Cramer Avenue on event nights, when certain streets are shut down, to prevent people from using Cramer as a cut-through, and to enable Cramer residents to legally make a right onto Cramer when the Arnold Avenue side is blocked-off – in response to a resident – Chief O’Hara indicated it was a reasonable approach to try and he recommended approving it).
Motion by Councilman Corbally to adopt resolutions covering items listed below, was seconded by Councilman Gordon and carried by roll call vote.
a) CONSIDERED SEPARATELY (Approve ‘Ad Interim’ permit application for Wharfside ABC License
pending completion of renewal process)
b) REVISED/CONSIDERED SEPARATELY (Set date for continuation of Wharfside ABC License
renewal hearing for 8/7/12 at 4:30PM)
c) Authorize Mayor to execute State Local Cooperative Housing Inspection Program agreement
d) REMOVED [Payment to Selective Ins Co for Police Boardwalk substation flood insurance ($4070)]
e) Approval of Payrolls #13 ($291,883.99) and #14 ($301,145.57)
f) Payments to American Uniform & Supply for police uniforms ($16,020.80)
g) Support for the New Jersey/New York Clean Ocean Zone
h) Support Legislation addressing health of Barnegat Bay
i) P O to Firefighter #1 for Fire Dept turnout gear ($37,696)
j) Payment to SPS VAR for Police computer maintenance ($3600)
k) Payment to This & That Uniforms for police raincoats & windbreakers ($5639)
l) Appoint Counselor for Park Recreation Program (1)
m) Appoint comfort station attendant (1)
n) Authorize Mayor to execute 2012 CDBG funding agreement ($32,500)
o) Approval of hand checks for May through June ($1,901,147.50)
p) Approval of Special Olympics ‘Jersey Shore Relay’ on 4/20/13
q) Approve retirement of building department clerk
r) Approval of PPB HS S/E app for summer band concert on 7/31/12
s) Appointment of P/T Police Communications Operators (3)
t) Appointments to Beautification Committee (4)
u) Appointments to Municipal Alliance Committee
v) Payment to Lasting Lines for repainting of parking lines, etc ($24,909)
w) Payment to United Computer for quarterly computer network support ($2550)
x) Payment to State of NJ for employee health and Rx benefits for June ($108,718.04)
y) Payment to Grainger for Tennant litter vacuum ($40,442.50)
z) Payment to Lawmen Supply for special officer duty gear ($6982.50)
a) Authorization for Police to block entrance to Cramer Ave from Arnold Ave during downtown events
and allow for 2 way traffic on Cramer Ave from Trenton to Arnold
b) Progress Payment #2 to Jak Construction for Boardwalk repair work ($81,830)
c) Progress Payment #2 to Insituform for cured in place sewer lining project ($83,731.85)
d) Payment to Best Uniform for public works uniforms ($6070)
e) Approval of PPB Outlaws S/E app amendment to add fall play dates
f) Payment of 3rd quarter tax levy to the County of Ocean ($2,091,473.50)
g) Payment to Denise Sweet & Assoc from Planning Board escrow ($200)
h) Scheduled payment of district taxes to the PPB Board of Education ($896,186)
i) Payment to C&L General Services for River Ave grinding ($2925)
j) Payment to Dell Computer for police computers ($3,180.05)
k) P O to Turf Equipment for polar trac cab, snow thrower & plow attachments ($22,275.89)
l) P O to T Slack Environmental for maintenance of oil/water separator ($2500)
m) Payment to Brick Utilities for June bulk water usage ($119,836.08)
n) Payment of insurance opt-out amounts ($11,428.86)
o) Payments to T & M Associates from escrow accounts ($5939.58)
p) Approval of computer generated vouchers ($1,391,175.37)
q) Payments to the Galvin Law Firm from Planning Board escrow accts ($610)
r) Authorization for MAC to apply for 2013 GACDA grant ($16,900)
s) Support for “Peggy’s” Law
t) Authorization for T&M Associates to proceed with CAFRA permitting process (Closed Session)
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid (1/a-s, 1/u-z, 2/a-s)….YEA
Councilman Reid (1/t)….Abstain

Motion by Councilman Reid, to authorize the Borough Engineer to prepare a feasibility study for solar panels at the Railroad lot/Public Works, was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Tooker and Reid….YEA
Councilmen Gordon, Mayer, Corbally, and Lurie….NAY

Ordinance 2012-27 (Establish Third Party Payroll Provider) was introduced on first reading. Administrator Riehl: ADP automatically deducts Federal and State fees from our bank accounts – because of new regulations, our auditors prepared Ordinance 2012-27, which permits them to do so.
Motion by Councilman Corbally, to approve Ordinance 2012-27 on first reading, was seconded by Councilwoman Tooker and carried by roll call vote. Public Hearing will be held August 7, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid….YEA

Ordinance 2012-28 (Establish Handicap Parking Space) was introduced on first reading.
Motion by Councilman Reid, to approve Ordinance 2012-28 on first reading, was seconded by Councilman Lurie and carried by roll call vote. Public Hearing will be held August 7, 2012.
VOTE: Council Members Tooker, Mayer**, Lurie**** and Reid*****….YEA
Councilmen Gordon*, Corbally***….NAY
*Councilman Gordon: sympathizes with requestor, Mr. Palsi, but this establishes precedence and opens the flood gates for everyone with a handicap pass to feel they have a right to a spot in front of their domicile – if he has a hard time turning his head to see out his driveway, he shouldn’t be on the road – also, Council shouldn’t dictate a parking spot on a County road – understands these spots were given out based on party favors in the past (Councilman Lurie: that’s a lie – ADA standards are set by Federal guidelines) took offense to being called a liar – not lying, nor anti-handicap (Mayor Barrella: State-granted placard does not entitle the bearer to a handicap spot in front of his house; Clerk Ellsworth: specifically tells applicants that anyone with placard could park there).
**Councilman Mayer: there are 22 other handicap spots in PPB – they last forever (Clerk Ellsworth: have been taken away when people moved – some are close to the Boardwalk and Inlet to provide handicap access; Mayor Barrella: has gotten complaints that there aren’t enough near the beach and Boardwalk) instructed Administration to look at them.
***Councilman Corbally: there isn’t a need in this case – Mr. Palsi has a 4-car driveway – has made the mistake of granting spots to people who don’t use them – unfortunate for those who truly do.
****Councilman Lurie: apologized to Councilman Gordon for calling him a liar – strong word –does lots of ADA work – are special regulations – should do anything possible to help person in need.
*****Councilman Reid: spoke to Mr. Palsi – feels there is a need.


Donna Palsi, PPB: thanked Council for approving Ordinance 2012-28 on first reading – they live on Broadway, and it is hard to get out of their driveway when people often go by at 70mph – suggested Councilman Reid look at speeding trucks on Broadway at 5 AM (Councilman Reid: his next project; Clerk Ellsworth: will the send the ordinance to the County tomorrow for approval; Mayor Barrella: County approval is needed – emphasized that anyone can park at that spot if granted).
Sharon Cadalzo, PPB: asked for Council consideration on behalf of those who requested a handicapped spot on St. Louis Avenue, between Chicago and New Jersey; in 2007, County was asked to lower Broadway and Ocean Avenue speed limits – approved Ocean Avenue at 30mph, but not Broadway – should ask again – difficult to cross there and PPB also didn’t get permission to add a second traffic light (Councilman Reid: asked where she wanted the light) Chicago Avenue – Broadway is half residential – County didn’t want to slow speed because of commercial traffic (Councilwoman Tooker: advocated a median strip to calm traffic and provide a safe pedestrian landing – could look nice).
Marilyn Burke, PPB: some Council members don’t come prepared – requested they discuss things beforehand, in consideration of the public (Mayor Barrella: would violate Open Public Meetings Act) they keep asking questions back and forth – a waste of everyone’s time.
Dave Cavagnaro, PPB: last June, Mayor Barrella formed a committee to look at problems and said bar closings might be considered as a last resort – served on that committee – there were opportunities but, for more than a year, the only topic of conversation was how to get more parking, and businesses were unwilling to restrict parking in residential areas if PPB got a multi-tier deck.
Glen Paesano, Recreation Committee: tables and basketball hoops require assembly – volunteers are afraid of liability – asked if they need to hire someone (Councilman Reid: are insured; Administrator Riehl: also have Recreation Volunteer Insurance; Mayor Barrella: told him to inform the volunteers they are covered – if they still won’t do it, Administrator Riehl can ask DPW to, when they can; maybe there is a carpenter who can do it) asked about Pleasure Park lights (Administrator Riehl: some disabled because of resident complaints about lights at night) 2 others are JCP&L – one is by the shed where vandalism occurs (Administrator Riehl: asked for pole numbers and she’ll take care of it) not sure which are disabled and which are burned out – Councilman Gordon & committee agreed that the vandalism could be averted if lights were active.

Motion by Councilman Lurie, to close public participation and enter closed session, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie and Reid….YEA
Councilman Corbally….NAY
Mayor Barrella: reminded all that action may be taken.


Motion by Councilman Corbally, to come out of closed session and to adjourn, was seconded by Councilman Mayer and carried by roll all vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid….YEA

Meeting was adjourned at 10:16PM

TRANSCRIBED BY: Eileen Farrell, Deputy Clerk

ATTEST: Maryann Ellsworth, Municipal Clerk

Published August29, 2012 | Council Minutes | 1435

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