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October 9, 2012

COUNICL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:40 PM with Mayor Barrella and Council Members Tooker, Gordon, Mayer, Corbally and Reid present. Councilman Lurie was absent. Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mayer, to enter closed session to discuss litigation and 2 personnel 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 7:13PM.

Mayor Barrella called the regular meeting to order at 7:18PM. Present were Council Members Tooker, Gordon, Mayer, Corbally and Reid. Councilman Lurie was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Councilman Mayer made 2 minor changes to the September 18, 2012 Council Meeting minutes.
Motion by Councilman Corbally, to approve the minutes of the September 18, 2012 Council Meeting as changed, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

Chamber of Commerce request was moved to agenda for action.

COMMITTEE REPORTS:

Councilman Reid: spoke with the company head of Hydro Technology – distributed brochures – would like CEO to come before Council to explain a pilot project, whereby water pumps through pipes in the land into a trailer and goes into turbines that create energy – other pumps come out into the water – it’s clean and doesn’t affect the ocean – energy it creates is sold to JCP&L – town gets $120K annually as host community benefit – could put it in an account for DPW to maintain the Boardwalk – must look into technology and clean energy (Mayor Barrella: would need a place close to Maryland Avenue Beach) could use Risdens lot, which we own – they would take care of all permitting and horizontal drilling underneath the sand – this is a new company, with a patent, looking for a town willing to think outside the box (Mayor Barrella: might be more appropriate for CEO to appear before Building and Grounds Committee – directed Councilmen Reid and Corbally to work out timing – would also need Risdens to agree to allow them under their sand, and see how much it will cost; Councilman Gordon: asked if company has incorporated this elsewhere) no – looking for a town next to an ocean – they are talking to another town, but no one is really excited about it – will only lose about 6 spaces in Risdens lot – was told there is no noise – sounds like a win-win.

Councilman Corbally: Tourism Committee met twice and has had 5 marketing presentations – meeting on Thursday to come up with criteria for the final 2 groups to come back – marketing centers around the fact that families keep coming back to PPB – on a fast track – everything is going well.

Councilman Mayer: met with Administrator Riehl and Councilman Corbally on Friday – monthly revenue and expense sheet is helpful – parking meter receipts continue to rise – court revenue is down – when Open Space debt service is backed out, we are up about $138K from the same time last year – based on last year, sure to break $2M in parking revenue – some line items are approaching 100% – can make transfers November 1st, with 4 votes – had $225K in emergencies last year – should avoid that – Water/Sewer Utility had a $225K deficit on 12/31/11 – hoped to make it up in billings this year, but looks like a water/sewer increase will be needed – deficit might have increased this year – Administrator Riehl is reviewing – 4th Quarter water billing is in November – hopes to get a good estimate on projected deficit through 12/31/13 – that will give the percentage for the rate increase that should be effective 01/01/13 (Councilman Reid: asked why the deficit; Administrator Riehl: rainy summer could affect usage – would need $1.5M in 3rd Quarter to meet the year – historically have never reached more than $1.2M – PPB doesn’t raise rates yearly, but Brick MUA does and doesn’t issue credit for unused water until the following year – this budget year, started moving expenditures out of Water/ Sewer, back into the current budget, but expenses are still outweighing billings); reviewed last 4 years of Parking Authority audits – has been in existence a long time and done a great job – at one point, parking revenues were split 80% town/20% Authority – it was changed in 2006 to a 5-year agreement with the Borough paying the Authority $110K/year – Borough paid it 2006-2008 – in 2009, the $110K went to 0 because of budget demands – Authority’s fiscal year ends April 30th – on 4/30/09, they had a $299K surplus – they lived off it from 2009 through 4/30/12, when it was down to $50K+ – this is the first year Authority had a budget appropriation – it was $50K – next year, if nothing else happens, will probably be more – over the last 4 years, their expenses have averaged $74K – 2010 and 2011 were heavier because of snow – O&M portion averages $51K – administrative expenses average $18-23K – under State law, Parking Authority Ticket System is available to Parking Authorities and Agencies – Administrative Office of the Courts runs it, and can’t have Parking Enforcement Officers (PEO’s) working for a Police Department – PPB can develop an ordinance to provide for a Parking Services Agency, which would hire officers and administrator after consultation with Chief – would move existing Parking Meter Supervisor under Administrator Riehl – everything else would run the same – was suggested that Police could charge for PEO training – PEO’s are Borough employees, but not Police Officers – is comfortable that the Parking Authority could be dissolved to create a Parking Service Agency – can discuss at another time.

Councilman Reid: asked if water/sewer increase would be subject to 2% cap (Administrator Riehl: no – is working on numbers – approaches include a one-time flat percentage increase across the board, or a percentage increase, per quarter, that taps out at the 4th and stays in effect – will have something at the October 30th meeting; Councilman Gordon: asked what rising expenditures are driving this; Administrator Riehl: yearly Brick MUA increase; Councilman Gordon: asked if there are other utilities to explore; Administrator Riehl: in a 25-year agreement, which began @1996) asked when the last increase took place (Administrator Riehl: 2010; Councilwoman Tooker: might provide a chance to restructure – last increase favored high-end users; Mayor Barrella: there were increases in 2009 and 2010 – 2009 increase was on ready-to-use, which favored high-end users – 2010 was structured that way, but he vetoed it and Council agreed on an across-the-board percentage increase – last year, he wanted to move money again from the Municipal Budget, to replace money taken from Water/Sewer, which Council used to deliver a small tax increase in 2009 over his objection – in 2010, Council refused to put money back; Administrator Riehl: in 2011, had to budget for 2012; Mayor Barrella: not good practice to raid Water/Sewer to balance the Municipal Budget, but it’s been done for many years because people didn’t look at Water/Sewer as closely as a tax increase – unlike businesses, residents can’t deduct water/sewer expenses on tax returns, but can deduct property taxes; Attorney Gertner: theoretically, utility should be self-liquidating – need an increase to get it back to 0; Mayor Barrella: last year, he, Councilmen Corbally and Mayer, and Administrator Riehl moved expenses back into the Municipal Budget – will continue to re-examine the process and, perhaps, move more this year – price of that is an increase in the municipal property tax rate – instead of artificially keeping property taxes low, should get this under control, so it goes forward correctly; Councilman Mayer: asked Administrator for figures to do rate increase across all categories – must know increase before getting into debate over restructuring).

Councilman Gordon: gave Police activity report for September 18 - October 9 – 9 subjects arrested on criminal charges or outstanding warrants, 16 motor vehicle accidents, 32 First Aid calls, 17 complaints of theft, 3 burglaries and 6 criminal mischief complaints – asked Chief O’Hara if this was par for the course (Chief O’Hara: average for this time of year).

Councilwoman Tooker: High School is debating whether to request their bonfire at the Maryland Avenue Beach the night before Thanksgiving, as school fields are new – perhaps floats could be in Little Silver lot – wants to gauge Council’s sentiment (Chief O’Hara: should talk to Fire Marshall and Fire Chief – fire that big on the beach could be an issue; Councilman Mayer: can wait until the October 30th meeting); school staff would like 3-hour parking eliminated on the west side of Bay Avenue, between Trenton and Forman, as there is little all-day parking in the area (Chief O’Hara: business complained that the 3-hour parking wasn’t enforced and asked Police to enforce it for their customers; Mayor Barrella: asked Councilwoman Tooker and Chief O’Hara to reach out to Board of Education’s Brian Savage and John Ravally for their views); CO Gardner spoke to Jack Berens at O’Donnell Stanton about grease traps at Ocean Avenue, Arnold Avenue and Channel Drive – per Plumbing Inspector, special tools are needed to inspect them and it’s a 2-hour process – hot dishwashers are causing a problem, but it’s not always the traps that need cleaning – melted grease goes through and cools and coagulates further down the line – CO Gardner will have Fire Inspector remind all that traps need to be clean, and will speak to Mr. Berens about cost and safety of chemical cleaning – Plumbing Inspector also works in Ocean Township, which has the same problem (Councilman Gordon: don’t need to reinvent the wheel; Attorney Gertner: maybe dishwasher temperature must be regulated to conform to minimum allowed by Health Department) per Uniform Construction Code, can’t force retrofitting; received e-mail from Marine Mammal Stranding Center – public can’t go near a stranded marine mammal, even if it is dead, because it is protected – must call their 24/7 hotline; Environmental Commission is continuing door-to-door appeal to downtown merchants to keep streets clean; Barnegat Bay Blitz is October 18th – High School and Middle School will help clean Little Silver Lake and plant at street ends by the Boardwalk; Animal Welfare Committee fundraiser is October 28th, 4-8PM at 709; thanked Dr. Moreau and his students in advance for mass TNR this Sunday; presented PPB High School statistics for the Class of 2012 – 75% went to a 4-year college, 17% to a 2-year college – 90% took the SAT’s and were well above national and state averages (Councilman Reid: asked why, with such statistics, the school dropped in “NJ Monthly” ranking) doesn’t know – still in Top 75 – still way up in proficiency and advanced proficiency – don’t have study halls – have a lot of college courses – very high standards; football team is 5-0 – last home game is this Friday, besides Thanksgiving.

Mayor Barrella: spoke with NJLM’s Bill Dressel about the reassessment bill – he will ask Senator Van Drew and Assembly sponsors what’s holding it up – suspects tax assessors and valuation companies aren’t happy about it because it would cause them to lose money; asked about the Memorandum of Understanding (MOU) that goes with item 1/b (Attorney Gertner: to be attached – has not yet received it) received copy from Attorneys Shea, who represents the Wharfside, and Anderson, who represents complainant against the renewal, and they have agreed to it on the record; good that the Tourism Committee met with marketing groups – would have been better to have reached a resolution in 2011 regarding steps to be taken in 2012, as opposed to it carrying into the tourism season – Council took a “belt and suspenders” approach to the problem, with the parking plan and bar closing ordinance – now facing lawsuits – since parking restrictions are working, there is no need for both, but can’t drop one if it is still being litigated – hopes to reach a resolution that sees the dropping of all lawsuits, at which point he would support reinstituting parking restrictions while repealing the 12AM closings – hopes to focus on the family aspect of PPB and get to a partnership between residents and businesses – have gone a long way towards solving the problem – now need to ensure that people know what they are coming here for, which is family-oriented and proper adult recreation – need those who brought lawsuits to drop them – asked Council to begin discussions by next Council meeting on what needs to be done with parking restrictions, before tourism season, so the Chamber can highlight positive business aspects, such as free Silver Lake lot parking 11PM-6AM – glad parking revenue is up; spoke to Mr. Dressel about hotel/motel tax – he is meeting with Treasury and will find out why there is no longer detail on their web site (Administrator Riehl: we now just get a lump sum with – no number of hotels, etc.)

Administrator Riehl: lot of personnel changes – people have left, some tragically – Personnel Committee is meeting to figure out restructuring of DPW and/or Water Department – looking at positions not filled, promotions not made, part-time vs. full-time staffing levels – will have something together for the 2013 budget (Mayor Barrella: nothing will happen before Christmas); starting first round of Lake of the Lillies work this week; requested authorization to issue RFP for Maryland Avenue Beach lease, with recommendations that it go from a 3 to a 2-year lease and incorporate senior rate badges – would like to get this going so pre-season discounts can be offered to residents (added to agenda) will be in the “Ocean Star” and on the web site – asked if Council would like minimum bid requirement (Councilman Reid: wouldn’t want lower than we have now; Councilman Mayer: may get lower because it was suggested that annual rates be reduced for students and seniors – Administrator Riehl will suggest rates to be bid against; Councilman Gordon: asked if Borough is privy to the lessor’s revenue; Councilman Mayer: asked that RFP include that weekly attendance reports be provided to the Borough; Councilman Corbally: doesn’t think a business person will want to provide that; Mayor Barrella: it is a cash business; Councilman Mayer: can work everything else if you know the volume; Councilman Corbally: wouldn’t get an honest answer; Councilman Reid: asked how it would affect a decision; Councilman Mayer: there is a question of whether the Borough should run the beach itself – revenue projections were so high in the sky, he wasn’t inclined to get into that business – but if there is volume, won’t lose a lot of money; Attorney Gertner: maybe compromise and have someone take daily attendance to see how many people are going to the beach – harder calculation, as there is no distinction between seasonal and daily badges, etc.; Mayor Barrella: not unfair to ask how many badges were sold; Councilman Gordon: ultimately, need to know the profit margin; consensus to ask for it; Mayor Barrella: back to DPW – since 2000, 10 people left and 4 were replaced, so we are down 6 – they’ve taken quite a hit and are trying to get things done but, at some point, they need bodies – talking about restructuring in DPW and Water Department, not Borough Hall – part-time clerks in Borough Hall get $10/hour and work 20-30 hours/week – Water/Sewer Supervisor Broyles is out on workman’s comp – T&M will provide licensed operator) per DEP, are required to have a licensed operator on premises – immediate fix would be to have Engineer’s office fill-in (Mayor Barrella: no one here besides Mr. Broyles is licensed).

Clerk Ellsworth: announced that item 1/z would be held and added items to the agenda; Councilman Gordon: asked that item 1/o be considered separately; Councilman Mayer: asked Attorney Gertner if he is satisfied with bathroom conditions in Wharfside MOU (Attorney Gertner: it’s a carry-over) it’s harmless; Councilman Mayer: asked Administrator Riehl if she wanted item 1/m considered separately (Administrator Riehl: no) spent a lot of time on Best Practices with Administrator Riehl.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of
Ordinances and Resolutions) OPENED AT 8:28PM

Vince Castin, Point Pleasant Beach (PPB): Hydro Technology presentation should be made to the public prior to committee – asked if the program was run by the utility company (Councilman Reid: doesn’t think they would ask for the project if they haven’t gotten permission) would like the utility company’s perspective (Mayer Barrella: invited Mr. Castin to the presentation to the Committee); asked what the Parking Authority does (Councilman Mayer: owns 7 parking lots in PPB – created 50 some years ago, by ordinance under the Parking Authority Law – probably started the meters – ran the meters for a long time; asked Mr. Castin if he noticed item 2/k – it’s the part of Trenton Avenue that he requested – from Ocean Avenue to Forman Avenue) asked about item 1/o (Councilman Gordon: Ward Realty wants to go door-to-door, with their literature, explaining their business).
Dave Cavagnaro, PPB: complained that a bond issue was addressed at the October 2nd Council Meeting, when it wasn’t publicly announced as part of the agenda; asked that Reverse 911 be used to remind residents of holidays with no garbage collection, so garbage is not left on the street; thanked Councilman Mayer for his proposal for a Special Assessment with a bond ordinance – thinks he followed proper protocol; when Council votes ‘yes’ on an ordinance on first reading and waits until second reading to voice concerns, it sends a message that they’re not thinking, not paying attention, or being political and waiting until the last minute to pull the rug out on something – lot of questions should be asked prior to first reading (Councilman Reid: lot of discussions are had behind the scenes that Mr. Cavagnaro isn’t aware of) professional expenses could be cut down if Council got information early and quickly – doesn’t agree with waiting 5 months to come up with a serious question.
Tom Davis, PPB: there is information available about a bacteria that has been used to eliminate grease – should look into it; spoke with Board of Education Administrators – this was the first year that charter schools were allowed into the ranking – it’s the criteria, not the students that caused the drop.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading
of Ordinances and Resolutions) ENDED AT 8:45 PM

Motion by Councilman Corbally to adopt resolutions covering items listed below, was seconded by Councilwoman Tooker and carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Support for changes to Megan’s Law
b) Memorialize renewal of Wharfside ABC License
c) Approve membership in Ocean Fire Co #1
d) Approve Jenkinson’s South annual request to store rides in trailers on its property
e) Payment to Denise Sweet from Board of Adjustment escrow account ($200)
f) Refund unexpended Board of Adjustment escrow account balance ($967.50)
g) Approval July-September hand checks ($2,434,797.45)
h) Approval of Payrolls #19 ($263,760.16) and #20 ($262,957.29)
i) Release of performance bond - LaManna
j) POs to Utility Supply of America for discharge pump & drill machine ($6813.20)
k) Approval of Chamber’s Social Affairs Permit application for Beers on the Boards 11/3/12
l) Approval of Earle Asphalt’s request for noise ordinance relief during Woodland Ave project
m) Review of completed Best Practice Inventory in Local Finance is hereby acknowledged
n) Authorization for Mayor to execute Safe and Secure Communities Grant application
o) REMOVED for consideration as Resolution #3
p) Waiver of interest charges during water bill dispute ($5.69)
q) Payment to BTMUA for August and September bulk water usage ($83,202.98)
r) Payment to HD Supply Waterworks for water meters ($41,085.00)
s) Payment to Fire & Safety Services, Ltd. For emergency truck repairs & maintenance ($9,207.83)
t) Payment to PBCC for postage ($4,573.93)
u) Payment to T&M Associates from Bd. of Adjustment escrow account ($742.50)
v) Payment to State of NJ for October health benefits ($106,454.29)
w) Payment to Hertrich Fleet Services, Inc. for Dodge Ram ($17,351.00)
x) Payment to T. Slack Environmental for manway removal/retesting and inspections ($2,507.93)
y) Payment to Pedroni Fuel Co. for diesel fuel ($11,385.23)
z) HELD [Payment to Firefighter One for turnout coats and pants ($37,696)]
CONSENT RESOLUTION 2:
a) Payment to Sungard HTE Inc for Naviline Migration upgrades ($17,070)
b) Payment to Ocean County Landfill for replenishment of escrow for tipping fees ($50,000)
c) Payment to Galvin Law Firm from (4) Bd. of Adjustment escrow accounts ($805)
d) Payment to BayComm Inc. for replacement of emergency warning siren ($7,619)
e) PO to RIO Supply, Inc. for test bench, tester clamps and tanks ($14,088)
f) Payment to Prevention Partners for Municipal Alliance programs ($5,000)
g) Approval of computer-generated vouchers ($284,847.12)
h) Payment to F&C Automotive Supply, Inc. for DPW vehicles ($2,777.36)
i) Approval of salary adjustment for Christopher Macomber for ASE certification
j) Authorization for Borough Engineer to prepare and accept bids for Boardwalk repairs, as specified
in Bond Ordinance 2012-32
k) Authorization for the Mayor and Borough Clerk to apply for grant and execute contract with
NJ DOT for Trenton Ave. improvements
l) Authorize settlement with DEP ($2,000) – CLOSED SESSION ITEM
m) Appoint Janice DeFalco to provide water plant operator services during the workers’ comp absence
of Water/Sewer Supervisor (not to exceed $5,000) – CLOSED SESSION ITEM
n) Donation to Chamber of Commerce for holiday decoration expenses ($5,000)
o) Authorization to issue RFP for 2-year lease of Maryland Ave beach operation
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

RESOLUTION 3 (Approval of Solicitation Permit for Ward Realty to go door-to-door 9:30 AM to 5:00 PM) was considered.
Councilman Reid: no one else does this – should use mailers (Councilman Gordon: there is an ordinance to discourage solicitors and canvassers – even though there is a caveat that they can request a license, intent was to not disturb citizens – would open a can of worms and set a precedent – citizens wouldn’t want that) agreed (Mayor Barrella: there are constitutional issues).
Motion by Councilman Gordon, to deny Ward Realty request to solicit door-to-door in the Borough, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members: Tooker, Gordon, Reid….YEA
Council Member Mayer: NAY
Council Member Corbally: Recused himself

Ordinance 2012-29 (Restrict Pet Sales at Pet Stores) was considered on second reading. Mayor Barrella opened the hearing to the public.
Rob Moreau, owner of Beach Animal Hospital, PPB: favored ordinance – compared puppy mills and kitten factories to human trafficking – if animals get sick, they are shot – buying animals at pet shops supports the underlying system – usually fine pets, but have more genetic problems because they are inbred (Mayor Barrella: asked, based on e-mails he received, if gerbils, rats and ferrets should be added to hamsters, guinea pigs, mice and rabbits) gerbils and rats are in the same category – ferrets are usually pets – except for guinea pigs and rabbits, the rest are usually snake food – doesn’t know if there are ferret breading grounds (Mayor Barrella: asked if the ordinance could be amended; Attorney Gertner: there are ferret breeding facilities and ferrets are a different class of mammal – can make a motion to correct the ministerial error of excluding the three animals).
Dave Cavagnaro, PPB: appreciates the cause – has dogs and doesn’t want them abused – but is more concerned about limiting businesses in a community – dangerous precedent.
Motion by Councilman Mayer to close the public hearing was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Motion by Councilwoman Mayer to adopt Ordinance 2012-29 with correction to ministerial error of excluding gerbils, rats and ferrets, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

Ordinance 2012-31 (One Hour parking – Richmond Ave between Laurel and Trenton Avenues) was considered on second reading. Mayor Barrella opened the hearing and no member of the public wishing to be heard.
Motion by Councilman Gordon to close the public hearing and adopt Ordinance 2012-31 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

PUBLIC PARTICIPATION PERIOD OPENED AT 8:59PM

Dr. Moreau: asked about tuition credits for PPB business owners (purview of Board of Education).

PUBLIC PARTICIPATION ENDED AT 9:00 PM

Motion by Councilman Gordon to adjourn was seconded by Councilman Reid and carried by consent of Council.

Meeting was adjourned at 9:01 PM.


TRANSCRIBED BY: Eileen Farrell, Deputy Clerk



ATTEST: Maryann Ellsworth, Municipal Clerk


Published November21, 2012 | Council Minutes | 1474


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