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September 18, 2012

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:37 PM with Mayor Barrella and Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid present. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

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

Closed Session began at 6:39 PM and ended at 7:14 PM.

Mayor Barrella called the regular meeting to order at 7:16 PM. Present were Council Members Tooker, Gordon, Mayer, Corbally, Lurie and Reid. The Deputy Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Councilman Gordon made a ministerial correction to the August 28, 2012 Council Meeting minutes.
Motion by Councilman Mayer, to approve the minutes of the August 7, 2012 and August 28, 2012 Council Meetings, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Gordon, Mayer, Corbally, Lurie (August 7, 2012 minutes only), Reid….YEA
Councilman Lurie (August 28, 2012 minutes only)….Abstain
Councilwoman Tooker….No Vote

Jack Berens, O’Donnell Stanton: provided Sanitary Sewer Rehabilitation status – Excavation, Trenchless Spot Repair, and Hot Water Cured in Place projects are virtually complete, except for the warranty part – will be paving excavation project/trench repair in the next 2 weeks – sent letters with erosion testing results – are well under budget – all warranty inspections will be done and all lines will be TV’d before summer (Councilman Mayer: asked about future work) have taken care of severe problems – must do maintenance every 2 or 3 years – major problem is grease – will block the sewer system and keep causing problems (Mayor Barrella: asked why, since PPB has a grease trap ordinance – asked if caused by super hot commercial dishwashers) found that a Seaside restaurant‘s super hot dishwasher causes grease to stay hot and slide into the sewer – doesn’t know if that is the problem here, but PPB has a plumbing inspector who is supposed to watch over this (Councilwoman Tooker: passed the grease trap ordinance to ensure all were in compliance and that traps were regularly inspected – that’s not acceptable; Mayor Barrella: directed Councilwoman Tooker to speak with CO Gardner to arrange an inspection schedule for the plumber) should do surprise visits (Mayor Barrella: asked how the problem was dealt with in Seaside) all Seaside’s sewers have been lined, so grease won’t stick as badly as it does in PPB – they also spray their lines with a chemical treatment – not a difficult procedure – if hot dishwasher is the problem, will need a cooling system to cool the grease before it gets to the trap (Councilman Gordon: asked if this could be a shared services opportunity, using their equipment – worthy of looking into; Councilman Lurie: even if the pipe was 24” and bottlenecks down to 8”, it could probably handle about 1,000 houses – doesn’t think this is a dire need – but the maintenance certainly needs to be done; Mayor Barrella: hears Mr. Berens saying that maintenance equipment is needed and he will provide an estimate for that equipment) the other problem is roots, mostly on the western side of town – cost to fix depends on method used (Councilman Reid: asked if some businesses might be removing grease traps because they don’t want them) usually, it’s a maintenance issue (Councilman Reid: plumber needs to check every one) it’s definitely coming down Channel Drive and Ocean and Arnold Avenues.

Correspondence was discussed, with items moved to agenda for action. Request to waive permit fees was held, pending input from CO Gardner and CEO Petrillo, including what work is being done, and if permits are included in the bid specs. Mayor Barrella directed Administrator Riehl to send a letter to St. Peter’s and Forman Avenue residents, advising them of the State’s position on the NJ DOT Traffic Review of Forman Avenue at Route 35 North, and asking for their thoughts. Mayor Barrella added item ‘v’ to Consent Resolution 1.

COMMITTEE REPORTS:

Councilman Reid: asked Attorney Gertner about problems with the boarded-up house on Channel Drive, reported by Mr. Alonzo, in June – he is putting up a 6’ fence – something should be done (Attorney Gertner: will see if Code Enforcement has gone out there) Mr. Alonzo is working with CEO Petrillo – nothing has been done (Mr. Gertner: will report on the status at the next Council meeting – some municipalities have authorized suits against banks to take care of properties in foreclosure – Mr. Alonzo was going to work with Ms. Petrillo and CO Gardner to get some documentation, so Council can take action (Councilwoman Tooker: doesn’t believe the house is in foreclosure; Mr. Gertner: it’s the same issue of disrepair, whether with the homeowner or the bank).

Councilman Lurie: No report.

Councilman Corbally: congratulated Chamber of Commerce, Police and DPW on a successful Seafood Festival – fantastic day; there are 5 federally-mandated days on which flags are to be flown at half-staff – due to miscommunication on September 11th, the flag at the Municipal Building was not – will not happen again (Councilman Gordon: asked if there are checks and balances, because there are both Federal- and State-mandated days, and additional days, such as when a President dies – protocol will be that it go from Administrator Riehl to DPW Superintendent Trout; Pleasure Park bathrooms are open year-round, Monday-Friday – DPW opens them in the morning and Police lock them at night – they are closed on weekends because DPW is not there to maintain them; letters went out about Arnold Avenue trees and pavers to be fixed – spoke with owners who don’t have a problem taking them down – they will abide by the ordinance and work with the Shade Tree Commission.

Councilman Mayer: Finance Committee met on September 7th and discussed dissolution of the Parking Authority – should have a couple of ordinances before Council in the next couple of weeks – talked about creating a Parking Services Agency; also discussed Councilman Corbally’s idea of an in-house engineer – currently pay several hundred thousand dollars per year in engineering fees – would like to develop this – an RFP should be put out to get some discussion and see what it would cost – has asked Councilman Lurie for help; also talked about tax appeals – County appeals are done and State appeals are pending, which is not good – looking for information on whether the Assembly bill on the 8-year reassessment has legs (Councilman Reid: Assemblymen Wolfe and McGuckin are co-sponsors, along with Assemblymen Milam and Albano of the First District – doesn’t know why the Senator isn’t on it; Mayor Barrella: has spoken to all of them, wrote a letter to and met with Senators Van Drew and Holzapfel – happy that Wolfe and McGuckin came on board, per his request – doesn’t know why it hasn’t moved or why the Executive branch, through the DCA, is not pushing to get it done, as it would alleviate a lot of budget problems for a lot of towns – doesn’t know why Senator Holzapfel or Van Drew hasn’t introduced the bill in the Senate – can follow up with NJLM – thought once he’d gotten 2 Democrats and 2 Republicans to sponsor it in the Assembly, we were on our way; Councilman Reid: last year, the bill was dissolved and there is a new bill in this session – need more phone calls, meetings, and letters) Division of Taxation and Regulations is more specific than the statute, and says you can do a reassessment, without interior inspection, within 4 years – been 5 years since PPB’s revaluation – couple hundred thousand dollar difference between Assessor doing the calculation and going into every house (Mayor Barrella: and about a year’s worth of time) bill would extend it from 4 years to 8 – if it doesn’t move soon, will need a Special Re-Assessment Emergency for a revaluation (Mayor Barrella: will call Senator Holzapfel to contact Senator Van Drew, so they can co-sponsor as their Assembly counterparts did); Administrator Riehl is continuing to do a monthly revenue and expense report – format is evolving; parking and hotel/motel tax revenues are up, court revenue is down – we are about $115K ahead – water/sewer revenues are down – not meeting budget – will discuss at next Finance Committee meeting.

Councilman Gordon: Police Committee met last week to review summer statistics and the state of the Police Department – a remarkably well-trained unit, which does an outstanding job – never have lawsuits against our officers – a tip of the hat to the leadership and training – remarkably successful summer, in spite of the weather – Borough ordinance violations decreased by 33%, which could be attributed to increased Police presence, the District 4 parking plan, or something else – over the last 2 weeks, there were 17 arrests for offenses including controlled substances, disorderly conduct, hindering apprehension, criminal trespass, driving while intoxicated and possession of marijuana – there was a significant DWI after the Seafood Festival – gentleman driving a damaged vehicle was stopped when he landed in someone’s yard; thanked Colleen King of the “Ocean Star” for publishing the police blotter, per his request; acknowledged the fantastic job by the DPW in cleaning up after the Seafood Festival

Councilwoman Tooker: Seafood Festival has grown over the last 27 years into a major event – there are mountains of trash – commended DPW who cleaned continuously until it was like nothing ever happened (Councilman Gordon: Chamber needs to be thanked as well) Police were everywhere – ran smoothly – but, like every other year, fell short on recycling – didn’t even have the County igloo this year – should have robo-cans – we ask the Chamber for this every year as it costs us to put recyclables in the landfill – but the Chamber is amazing – doesn’t know how they pull off such an event; she and Councilmen Reid and Corbally met with Briggs Taxi regarding summer issues with gypsy cabs, etc. – came up with a lot of good ideas – Attorney Gertner will be working on a seasonal license, to ensure they are insured and legal; Environmental Commission spearheaded Arnold Avenue clean-up last week – a lot of residents came and did a wonderful job – Councilmen Gordon and Corbally were there – they did a lot of weeding – DPW mulched the next morning – Cathy Sogorka of the Environmental Commission made flyers – will go door-to-door with her in the business district next week, asking business owners to pledge to keep their sidewalks swept and weeded – with a little effort, it could look beautiful down there; Animal Welfare Committee fall fundraiser is October 28th, 4-8PM, at 709 restaurant – there are a few cats for adoption; High School will again participate in the Barnegat Bay Blitz on October 18th – will most likely be cleaning up at Little Silver Lake; High School and High School football are off to a great start – Back to School Night is tomorrow; Historic Preservation spoke with the Planning Board – liaisons Tom Migut and Tom Davis will work with them to craft an ordinance, which has been discussed for years, to protect some historic structures.

Mayor Barrella: there is a Council Meeting scheduled for October 2nd (Attorney Gertner: specifically advertised at 6PM for Executive Session and the Wharfside ABC license hearing) no action will be taken beyond potential action on the Wharfside license; made appointments to the Tourism Committee – Chamber of Commerce Representatives are Marilou Halvorsen of Jenkinsons, John Bezzera of Europa South, Carol Vaccaro, of the Chamber of Commerce, and alternate Ed Brannagan of Martells – Non-resident Taxpayer Representative is Seth Sloan – Resident Representatives are Mike Serafin, Carol Luccioni, and an alternate (TBD) – Councilman Corbally has also agreed to serve; moved Glenn Paesano from alternate to full Planning Board member to fill a vacancy; asked Councilman Mayer for detailed cost analysis of what will be saved and what will be incurred from disbanding the Parking Authority, prior to taking that step – Parking Authority serves at least one major function, which is the PATS system – currently, our PEOs are hired, trained by our Police Department and work with our Police Department – if this change is made, might be required to put them under civilian direction – shouldn’t do this unless it amounts to huge taxpayer savings – shouldn’t fix something that might not be broken (Councilman Mayer: will get him the analysis but there is not a lot of detail – Parking Authority has an $80K/year budget, $30K of which is administrative – the rest goes towards snowplowing, landscaping – PEOs, by statute, are supposed to be separate from the Police Department – will speak to the Mayor and Chief about that – Parking Authority had a revenue split with the town, but that went away when the revenue went away – they lived off surplus for 3 or 4 years – surplus wasn’t adequate to cover them this year – this year’s appropriation was $50K – next year’s will probably be $80K, of which we assume $50K they have to pay for, unless we can find other efficiencies) will be creating positions and moving things around – been doing something for a number of years (Councilman Mayer: budgeted for it – next year, it will be more) talking about $30K – talking about $1.8M in parking revenue – maybe we don’t need to start messing around with it – doesn’t want to speak for Administrator Riehl, but she has been unable to articulate a basis that convinces him we need to do this – if we move this around, will have initial cost of drafting ordinances, will have to create a position and figure out who is going to train our PEOs – if Police Department is going to train them, assumes they would want to be reimbursed by the municipality, so we will have to budget the cost of training – need to look at a lot of things before disbanding something that seems to be working, over $30K –should look at cost-saving measures in lieu of that (Councilman Mayer: they have implemented cost-saving measures in the last year – there are a lot of considerations); he and Councilmen Corbally and Mayer met with the Non-resident Taxpayer Committee about a number of issues – got some good suggestions, particularly in the area of garbage collection – hopes to get that moving after discussing it with DPW Superintendent Trout; preliminarily, it appears that the steps taken by Council in March and April have had a positive effect on tourism and quality of life – parking revenue through August 31st is up $142K over the same period last year, and this year’s budgeted number is less than last year’s actual number – hotel/motel tax is up through August – people are either paying more or paying quicker – court revenue is down by $90K, which is to be expected because Borough ordinance violations are down 33%, but it is still above the budgeted amount – much more peaceful summer this year than last – likely, we would not come in under budget on court revenue, although we might not do as much as last year, which is a good thing – something is working (Councilman Lurie: last year’s hurricane was the week before Labor Day – parking revenues would have been closer – and we had more machines working ) we were up even before that – had more bad weekends (Councilman Mayer: asked the Mayor if he feels the town was less crowed this summer than last; Councilman Corbally: doesn’t think so; Councilman Mayer: businesses will say differently; Councilman Corbally: businesses in the Ocean Avenue area that he spoke to – real estate, ice, subs – all had record years; Councilman Mayer: several restaurants, Boardwalk businesses, and another sub business have said their numbers are down) parking revenue is up – people either stayed longer or more people fed the meters (Councilman Mayer: will see when the year ends – thank goodness we are ahead; Mayor Barrella: we will have parking numbers by month-end; Councilman Mayer: thinks court numbers will be up when District 4 parking pass numbers come in – agreed that the number of 2C violations is not a good sign, but the number of ordinance violations is).

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) OPENED AT 8:35 PM

Vince Castin, Point Pleasant Beach (PPB): asked how the town finds out if the government has declared that flags must be flown at half mast; asked about the status of the Little League field and if the contractor has been paid; asked what streets would be prepared in item 1/y; can’t get on Arnold Avenue from St. Louis in the summer if Forman is eliminated; likes the idea of an in-house engineer; VFW had a table at the Seafood Festival asking for donations for Buddy Poppies – no Governing Body members made a donation – assessed each of them $1 – he will bring the poppies to the next meeting.
Dave Cavagnaro, PPB: thanked Mayor Barrella for summarizing this summers’ improvements – Council’s actions were residents’ benefit, not the business’ detriment – hears many people say how much better the summer was – he found the town to be quiet and clean – County roads not as clean as municipal ones – District 4 parking plan was a great success – asked that the Borough Attorney be authorized to draft an ordinance to make it permanent for next year; thanked DPW for helping hang flags and take them down on Ocean, Arnold and Broadway – got men out there on short notice today to take them down before the storm – he replaces them as they start to wear and notifies DPW to take them down if they are tattered; concerned about how sweeping Ordinance 2012-29 is; have a bid on the Welcome Sign – below what they thought – need 3 and are having trouble getting the other 2.
Lisa Muller, PPB: in favor of Ordinance 2012-29 – popular trend in pet rescue is adoption centers – can envision one on Arnold Avenue one day – asked if Animal Welfare Committee can still charge an adoption fee without being in violation of the ordinance (Attorney Gertner: doesn’t think the ordinance applies to that).
Ben Dispoto, PPB: few meetings ago, there was talk about who would operate the Maryland Avenue beach – asked for the status – thought the RFP was going out right away, so it would be done when the current contract ran out; asked about the phragmites at Lake of the Lillies – concerned that the quote, in item 1/v, is too low for all the work to be done; thanked Mayor and Council Members who supported the District 4 parking plan – made a big improvement in parking and quality of life – may have been more people, but they are spending less money – business might have been down in revenue, but not in clientele.
Anne Lightburn, PPB: asked about the 40% increase in crime by, if there are personal safety issues and about the specific types of crime – over Labor Day weekend, almost 50% of the crime was under 50 ounces of marijuana – that’s not a violent crime and might not impact her as a resident – same for disorderly conduct and driving while intoxicated – need to understand the crime figures and where the increase is coming from – need a strategy to address this, because it’s an alarming number.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) ENDED AT 9:02 PM.

Councilman Mayer: asked that item 1/o be held until Administrator Riehl is back – asked if the action in item 1/t was what Attorney Gertner would recommend; Councilman Gordon: asked about item 1/f – if there is a standard by which Special Event fees are waived (Mayor Barrella: policy is that local charities are given priorities on waivers; Attorney Gertner: there was a resolution in 2008 or 2009 that set forth a policy; Mayor Barrella: asked that Clerk Ellsworth send a copy to Mayor and Council, so they can see if it needs to be updated – have been consistent with local charities) supports that – just wants to be sure Council stays consistent; Councilman Reid: asked about item 1/p and if the field was in condition.
Motion by Councilman Mayer to adopt resolutions covering items listed below, was seconded by Councilman Gordon and carried by roll call vote:
CONSENT RESOLUTION 1:
a) Support for Jessica Lansford Act, increasing penalties for sex offenses against minors and
harboring or concealing sex offenders
b) Approval of ABC Social Affair App for PPB Fire Co #2 Casino Night – 11/3/12
c) Waiver of municipal portion of raffle fees for PPB Fire Co #2
d) Approval of computer generated vouchers ($1,090,506.65)
e) Payments to T&M Associates from escrow accts ($2271.95)
f) Memorialize administrative action approving Lions Club Boardwalk Craft Show and waiver of special event fee
g) Refund unexpended Board of Adjustment escrow account balances ($1271.89)
h) Payment to State of NJ for employee health and Rx benefits for September ($106,454.29)
i) Scheduled payment of district taxes for the PPB Board of Education ($896,186)
j) Payment to S&S Art s & Crafts for park program supplies ($5353.45)
k) Water/sewer bill adjustment (2)
l) P O to Fire & Safety Services for emergency repairs to fire truck ($3000)
m) Payments to the Galvin Law Firm from Board of Adjustment escrow ($740)
n) Approval of Payroll #18 ($285,497.42)
o) HELD (Approve salary for MAC Coordinator)
p) Authorization for PPB Blue Claws to utilize Arnold Avenue softball field for league play/practice
q) Appointment of substitute school crossing guard (1)
r) Approval of computer generated vouchers ($1,129,304.91)
s) Appointment of part-time seasonal public works laborer (1)
t) Rescind contract award for utility scooters and reject all bids
u) Payment to Titan LLC for bottled water for PD for July and August ($623)
v) Award contract for treatment of phragmites at Lake of the Lillies to Black Lagoon ($4,850)
w) Authorization for Borough Attorney to draft ordinance to eliminate 2 non-existent positions (Closed Session)
x) Authorization for Borough Administrator to negotiate parking fee with Alzheimer’s Association, for a sum not less than $1,800
y) Authorization for Borough Engineer to identify streets most in need of repair and submit application to NJ DOT
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-30 (Boardwalk Rehabilitation Bond) was considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro, PPB: supports the ordinance – thanked Councilman Mayer for bringing it forward – as a property owner, when his sidewalk has to be replaced, no one gives him a grant – he doesn’t get to negotiate the price with the town – Boardwalk business draw tens of thousands of people onto that Boardwalk, which affect the wear and tear, so it is reasonable that they absorb some, if not all of the costs – commends the Governing Body for the effort and hopes it passes unanimously.
Ben Dispoto, PPB: supports the ordinance – Councilman Mayer did a good job in trying to be fair – asked if any of the affected people have proposed a lawsuit (Mayor Barrella: has not heard of anything, but can’t govern out of fear).
Mayor Barrella: asked if anyone on Council has communicated with Risdens or Jenkinsons (Councilman Corbally: only a general conversation with a Jenkinsons owner, who was not in favor of this; Councilman Mayer: has spoken with Jenkinsons representatives – they understand the legalities, but don’t like the precedent – was disappointed by the “Asbury Park Press” editorial – the tone and depth was shallow – they lead in with “The Borough Council has proposed an absurd law” – the state Special Assessment statute has been in place for more than 95 years – implementing an established legal precedent – would be nice if The Press would take time to look at how many NJ towns have done Special Assessments – statute authorizes boardwalks – annoyed at the suggestion that he, or any on Council is doing this for vengeance on the Boardwalk – there is no vengeance, no retaliation – they could have spent time looking for how many NJ boardwalks are surrounded on the east and west sides by commercial property, or looking at the Special Assessment law, the Supreme Court precedent on Teaneck v. McNally, which establishes the right and gives guidelines on how to do the assessment, or talked to our Bond Counsel, a vey senior, experienced member of the NJ Bar, who confirmed his opinion that it’s legal – but they didn’t).
Tom Davis, PPB: conflicted about whether Special Assessment is a good idea, in terms of precedent – better course of action is to set-up a 10 or 20-year plan, where a certain amount of repairs are budgeted every year – become proactive, rather than reactive and address a long-term need – worried about the long-term effect of a Special Assessment when talking about big numbers, because residents will say that, while they live here, they do not attract foot traffic to the Boardwalk – will impact a lot of taxpayers, who will be very vocal about it (Councilman Mayer: this area of Boardwalk is surrounded by commercial properties, so it’ different – he is not happy about doing it, but there are so many capital demands, and there hasn’t been a major Boardwalk project since 2003 – some sections haven’t been touched in 20 years – this is happenstance, because of the FEMA grant – doesn’t ever expect to assess residential properties).
John Dixon, PPB: asked if anyone in PPB has ever been specially assessed (Councilman Mayer: not that he is aware of) asked if surrounding businesses could be assessed to fix the lane behind Frankie’s – it’s the same thing (Councilman Mayer: theoretically, they could be – Special Assessment statute is one of the few tools that a municipality has that can be expanded very broadly).
Motion by Councilman Lurie to close public hearing was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA
Mayor Barrella: registered his displeasure with the “Asbury Park Press” – editorial board has a habit of writing editorials without first discussing the intent and views with the municipality – has brought this to the attention of the editor on a number of occasions – not sure that’s the right way to do it; raised procedural issue with the way this ordinance was drafted and has been put forth – in the guise of a bond ordinance, which the Mayor has no right to vote on, the Council is going to be making a policy decision regarding whether to do a Special Assessment – this is an ordinance that should not contain the Special Assessment provisions, but instead, should have been done as 2 separate ordinances – 1 on the bond and 1 on the Special Assessment – need to do the bond and authorize the spending of money to qualify for the FEMA grant, because there are deadlines by which the work has got to be completed – has a lot of problems with the way it was done; invited Council comments.
Councilman Gordon: somewhat conflicted on this issue – is absolutely for assessing the businesses who draw the large crowds who create the wear and tear on the Boardwalk – his conflict comes because these repairs are being funded by FEMA due to a natural disaster – he is willing to be swayed but asked, if an earthquake split Gowdy down the middle, if homeowners would be assessed for repairs – he would vote ‘no’ on that, but doesn’t know if this ordinance would establish precedent to give sway to do that in the future – also shares the Mayor’s concerns (Councilman Mayer: this is not meant to be a criticism of the Boardwalk – Boardwalk properties are in marvelous condition but the Boardwalk is not – fortunate that the FEMA grant is there – would be a higher cost if it wasn’t, but does not indicate that we would do a Special Assessment where there is a FEMA grant – has nothing to do with assessing property that was the subject of an emergency or disaster – it just happens that that’s how the numbers worked out) thinks his motivations are pure, perhaps the timing is unfortunate – has a hard time marrying FEMA funding with an assessment to businesses, based on a natural disaster; (Councilman Mayer: without the FEMA funding, the assessment would be higher) perhaps we carve this piece out and address it separate from this particular FEMA episode and work out a 20-year plan, with a percentage of assessment over 20 years, to help offset our costs – this Boardwalk is the town’s responsibility – we own it and need to take care of it – we can develop a partnership with our businesses who attract the people who create the wear and tear (Councilman Mayer: some of the Boardwalk owners would like to do the work themselves).
Councilman Corbally: we are assessing the Boardwalk half of what it is costing us – the FEMA grant is in response to the hurricane – we have to pay 25% and we will get half that 25% from the businesses that own that property – doesn’t see anything wrong with that – since we haven’t done it before, it’s a good time to start having the Boardwalk businesses participate in the repair.
Councilman Lurie: agrees with Mayor Barrella that it should be broken out – also, the $70K might perhaps be gotten from the County’s Open Space money – always felt that, when we did the Open Space tax, year ago, it was to help pay for long-term projects like this – the Boardwalk is in dire need of repair – it should be broken out because we need any type of help that we can get to help the Boardwalk – it’s a win-win situation (Mayor Barrella: agreed – views the Boardwalk as a State asset and the State is passing this burden on to our taxpayers, including our businesses – the State derives revenue from sales tax, etc. from these businesses) suggested sending a letter to the County – we send a lot of tax dollars to them and we don’t get back our fair share – maybe they’re willing to put up the $70K (Mayor Barrella: would consider vetoing parts of the ordinance) would like to see the Boardwalk repaired (Mayor Barrella: talking about a $3M project and playing with $70K – has real questions if we would be playing with $280K, if that were the real cost – Councilman Gordon and the “Asbury Park Press” made a good point, in that this was a natural disaster – has nothing to do with wear and tear of patrons of a business that’s profiting from the proximity to this Boardwalk – if we were going to repair the north end and assess the businesses there, that would make sense, but doesn’t see how you can justify assessing a business and make a blanket statement that you’d never do it to a residence – asked if he wouldn’t assess the north end because it is bordered by Jenkinsons North and Harborhead – has a problem with serious inconsistencies (Councilman Mayer: can only say what he won’t do, not what the rest of Council won’t do; Mayor Barrella: asked if he would intend to repair a section of Boardwalk bordered on one side by a business and on another by a residence, and pay for it only with municipal funds; Councilman Mayer: asked if there is a SID in his hypothetical; Mayor Barrella: no; Councilman Mayer: the issue is 400 feet – need a plan to repair the whole Boardwalk – the Mayor is clouding the issue; Mayor Barrella: Councilman Mayer is arguing that 2 businesses should be assessed because they happen to be on both sides of our Boardwalk – he wouldn’t do it if only one side was a business and the other side was a residence – just looking for consistency).
Councilman Reid: this is a major conflict for everybody – getting money from FEMA and, at the same time, assessing or double-taxing someone – what Council does tonight will affect the people at the northern end – has a problem with setting a precedent – the way the ordinance is written is that, if Jenkinson’s or Risden’s don’t want to pay the $70K, then this town is paying for it (Councilman Gordon: the boards need to be replaced whether we get money from the businesses or not – agrees that there should be a wholesale swap out of the boards every 20 years – we have no plan right now – trying to do Band Aid efforts – need to craft a plan in cooperation with the businesses – if they say ‘no,’ it doesn’t preclude the fact that these boards need to be repaired.
Attorney Gertner: asked if there is a necessity for the bond ordinance to be passed this evening (Councilman Mayer: it’s getting very late to make the February cut-off on the FEMA money; Mayor Barrella: this wouldn’t have been a problem had it been drafted as 2 ordinances; Councilman Mayer: as a bond lawyer, has done about a dozen of these – this is the standard format – it’s not common to have a Special Assessment Bond Ordinance done as 2 pieces; Mayor Barrella: asked if we are precluded from Special Assessing if there is no bond ordinance; Councilman Mayer: must specify whether you are doing it as a Special Improvement or a Local Improvement, and if as a Local Improvement, the percentage of the Local Improvement – that’s why the percentage is in the ordinance).
Councilman Lurie: asked that the Mayor be given permission to do a line item veto; Mayor Barrella: doesn’t need Council’s permission; Attorney Gertner: it’s been done in the past, but doesn’t know if it’s legal, as he was not here at the time; Mayor Barrella: if that mechanism will be challenged, he urged Council to vote ‘no’ and then vote to amend the ordinance to pull out the Special Assessment component and deal with the Special Assessment at a later point in time; Attorney Gertner: if we publish that and then vote again at the next Council meeting, it might be cleaner, because the Mayor can’t vote on a bond ordinance, but can veto a bond ordinance; Mayor Barrella: an interesting dilemma – he not entitled to vote on this bond ordinance – then the question becomes whether he is allowed to veto that on which he is not allowed to vote; Councilman Mayer: can always amend it later – doesn’t think that, procedurally, the Mayor is allowed to strike something – if he wants to do that, he can call for a motion to amend the ordinance, to remove all the Local Improvement Special Assessment provisions – that would be more conventional – Engineer Savacool wants to go out to bid on this as soon as he can and is waiting for this to finish the plans; Mayor Barrella: we can adopt on first reading tonight an ordinance striking all the Special Assessment material and do second reading on October 9th – or we could simply amend this and do first reading of the amendment; Councilman Lurie: suggested a second reading at the same time the bids come in; Attorney Gertner: should have funding in place first.
Motion by Councilman Corbally to adopt Ordinance 2012-30 was seconded by Councilman Mayer and died, as there was not a 2/3 majority.
VOTE: Council Members Tooker, Mayer, Corbally….YEA
Councilmen Gordon, Lurie, Reid…NAY

Mayor Barrella: asked, if Bond had been done with a Special Assessment, as proposed, and there was another hurricane next year, if those businesses would be assessed again (Councilman Corbally: yes) have a different conception of why these businesses should be paying and who should be paying – the State of New Jersey profits from our Boardwalk – people from all over the state use this Boardwalk (Councilman Gordon: should amend the ordinance accordingly, where we pass the bond to ensure that the Boardwalk gets repaired and we can take advantage of the 75% funding from FEMA; Attorney Gertner: will contact Bond Counsel Rogut tomorrow and let him know what happened – we’ll get a draft done, assuming it passes).

Councilman Mayer: would like to make a motion to introduce this ordinance, as amended, striking all references to a Local Improvement and all references to a Special Assessment – the rest of the terms of the ordinance will remain the same – will see it, generally, in the title, where it will be done as a General Improvement, not a Local Improvement, and in Section IV, which will be deleted in its entirety – will get Clerk’s office the notice to be published for second reading).
Ordinance 2012-32 (Storm Rehabilitation Boardwalk Bond) was introduced on first reading.
Motion by Councilman Mayer to approve Ordinance 2012-32 on first reading was seconded by Councilman Lurie and carried by roll call vote. Public hearing will be held on October 2, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA
Councilman Corbally….NAY

Councilwoman Tooker: Point Pleasant and Brick have adopted similar ordinances – had a pet store in town for a long time which sold a lot of sick animals from puppy mills, etc. – were always in court over this – they moved to Wall and had problems, ended up in Brick and were raided, which is when Brick passed their ordinance – there is no reason to sell mammals – there are plenty of places to adopt and small breeders everywhere – pet stores should sell pet supplies, not pets.
Ordinance 2012-29 (Restrict Pet Sales at Pet Stores) was introduced on first reading. Motion by Councilwoman Tooker to approve Ordinance 2012-29 was seconded by Councilman Gordon and carried by roll call vote. The public hearing will be held on October 9, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Mayor Barrella asked why this was drafted as 1-hour and not 3-hour parking (Chief O’Hara explained what was discussed at last Council Meeting; Councilman Gordon: shops there have quick turnaround – trying to prevent people from parking all day – to get them in and out).
Ordinance 2012-31 (One Hour parking – Richmond Ave between Laurel and Trenton Avenues) was introduced on first reading. Motion by Councilman Corbally to approve Ordinance 2012-31 was seconded by Councilman Lurie and carried by roll call vote. The public hearing will be October 9, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

PUBLIC PARTICIPATION PERIOD OPENED AT 9:50 PM

Vince Castin, PPB: did not notice spillover into District 3 from the District 4 parking plan – was successful in that regard – much better year for residents.
Dave Cavagnaro, PPB: disappointed to listen to a presentation from Councilman Mayer on Special Assessment, go through a first reading, and when it goes to second reading there is suddenly total confusion and a lot of questions – the bottom line is that this is $70K that PPB taxpayers will now be paying for – sorry that Council’s disorganization is costing money – thanked Councilman Mayer for his efforts and hopes he tries again.
John Dixon, PPB: this assessment was for the town’s portion of the Boardwalk – the business’ portion is in very good shape – they’ve taken care of their part – the town hasn’t taken care of its own.
Ben Dispoto, PPB: asked what 2 positions are being eliminated, and if they are currently filled or vacant; asked how “seasonal” is defined in item 1/s, what constitutes part-time, how many of those employees we have, and if they are members of the union or will become members.

Motion by Councilman Lurie to close public participation was carried by consent of Council.

PUBLIC PARTICIPATION ENDED AT 8:56 PM.

Meeting was adjourned at 8:57 PM.


ATTEST: Eileen Farrell, Deputy Clerk


Published October10, 2012 | Council Minutes | 1458


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