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November 20, 2012

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:39 PM 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 Mayer, to enter closed session to discuss litigation, contract, 3 personnel, and 2 attorney-client 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 6:40 PM and ended at 7:36 PM.

Mayor Barrella called the regular meeting to order at 7:39 PM. 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 Reid to approve the minutes of the October 2, 2012 and October 9, 2012 Council Meetings, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie (October 2, 2012),
Reid….YEA
Councilman Lurie (October 9, 2012)….ABSTAIN

Department head memos and correspondence were discussed, with items moved to agenda.

COMMITTEE REPORTS:

Councilman Reid: No report.

Councilman Lurie: No report.

Councilman Corbally: Board of Adjustment (BOA) Attorney Galvin suggested the Mayor appoint two new alternates, as BOA is planning more meetings – asked that Council approve secretary’s pay for those extra meetings, if necessary (Councilman Tooker: asked about Master Plan issues, which are handled by the Planning Board; Mayor Barrella: he and Attorney Galvin feel Planning Board members must resign and be appointed to the BOA, so immediate variance problems can be addressed – must also address Master Plan – counter-productive to appoint people with no Land Use experience to the BOA – have already identified 2 Planning Board members – will discuss Master Plan with Planning Board Chairman Neumaier; Councilman Lurie: concerned about BOA backlog – will take a long time to rebuild – has seen ordinances which allow the process to be circumvented when rebuilding and not increasing variances; Mayor Barrella: asked Attorney Gertner to get Attorney Galvin’s opinion).
Motion by Councilman Lurie, to authorize the Borough Attorney to draft an ordinance relating to same after conferring with Attorney Galvin, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Councilman Mayer: No report.

Councilman Gordon: tipped his hat to personnel who responded to the storm – Police, Fire, Emergency Management and volunteers – shame to have to go through something of this magnitude to show the goodness in people – but a wonderful thing to see.

Councilwoman Tooker: echoed Councilman Gordon’s comments; asked if FEMA would provide assistance to Fire Company #1 – doesn’t want it to fall through the cracks (Administrator Riehl: Deputy Emergency Management Coordinator Grace is working on a comprehensive loss plan); Animal Welfare Committee fundraiser at 709 was a sellout – nice respite after the clean-up – cat colonies were accounted for after the storm – trailers held up as well; High School Spirit Week – football team is breaking records and is 9-0 – expecting 1,000-2,000 at the Thanksgiving Day game.

Mayor Barrella: had a meeting this morning – confident it will resolve Boardwalk reconstruction plans from Surf Taco to the Inlet and other Boardwalk-related issues – asked Clerk Ellsworth to advertise a November 27th Council meeting to address town-related business and cancel December 4th meeting – Attorney Gertner is preparing a Memorandum of Understanding (Attorney Gertner: recommended waiting until the next meeting to cancel the December 4th meeting).

BA/CFO Riehl: No Report.

Clerk Ellsworth added items to Consent Resolution 2.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) OPENED AT 8:22 PM.

George Loder, Point Pleasant Beach (PPB): a Councilman in 2004, he began the process of getting the Borough back into the National Flood Insurance Program – 1,100 residents benefited from flood insurance after Sandy – FEMA checks construction records periodically – as Borough progresses with rebuilding, must comply with FEMA regulations – urged caution while allowing residents to proceed with construction, as FEMA could do an audit, and assessment changes could affect their 50% improvement limit (Councilman Gordon: as homes are reassessed to a lower value, 50% becomes easier to exceed; Councilman Lurie: envisions people rebuilding what they had, but to FEMA’s height requirements, without going before the BOA) as long as they stay within their footprint (Councilman Corbally: asked if Ocean Avenue houses must go for setbacks to be brought into compliance; Councilman Lurie: their houses can be made smaller – can go to BOA or not dependent on what they’re doing; Mayor Barrella: Attorney Gertner will make sure Attorney Galvin is comfortable with the plan).
Kitty Stillufsen, PPB: thanked Council for promptly addressing this issue – Sandy destroyed her home and business – FEMA will only allow houses to be raised to a maximum height, with no usable space underneath, so future damages can be prevented – she must go to the BOA for two issues, 1) necessary stairs to her entryway will bring her within 25 feet of the curb line, even though she is not increasing her footprint, and 2) she is in a Marine Commercial zone, where single and multi-family homes are now prohibited – will have to reapply for her multi-family use – earliest she can be seen is February 5th – asked Council to waive height restriction for 2-years, to encourage those east of tracks to raise their houses and commercial structures – also, now is a good time to address the importance of pervious surfaces - if everything is paved over, water will have nowhere to go – lot of people are not aware they are required to raise their homes (Councilman Gordon: Council could facilitate an educational campaign, because people with good intentions will end up fined) Anne Lightburn no longer wants to be a member of the Shade Tree Commission – Sharon Cadalzo, an alternate, would like to be a member.
Ben Dispoto, PPB: thanked Council and wished them luck with reconstruction; asked when the Post Office would reopen; asked if items 1h and 2m were duplicates (no); asked about Court Sharing (Attorney Gertner: tentatively, pending approval, there’s been an agreement reached extending the agreement through June 30, 2015, generally speaking, the Boro contribution will be increased from 15% to 25% – agreement is effective July 1, 2012, so there will be some additional reimbursement – Boro will be providing Class II Special Officers for court security, not to exceed $13 per hour).
Dave Cavagnaro, PPB: complimented and thanked Council on handling the situation – Councilman Reid was in his neighborhood a day or two after the storm with donuts and coffee – acknowledged the workforce at Borough Hall, who suffered damage to their own homes and are here, cheery, working – Administrator, Police, DPW, everyone, are all doing a fine job, DPW in particular – complimented the Masonic Lodge for their help and support – Reverse 911 worked well, but the emergency radio station took a day or two before it was current – many people had nothing but that radio station to rely on (Councilwoman Tooker: Kyle couldn’t get to the radio station because it was in another building; Chief O’Hara: the link from here to there, the water plant, got taken out).

Motion by Councilman Lurie to close public participation was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 8:38 PM.

Councilman Gordon: asked about item 1b – is this following the current guidelines – has anyone done a survey to see where we stand with benches and where they all are – not a priority; Councilwoman Tooker: water bill relief should not be extended when it is not the town’s fault – not fair to the rest of the taxpayers (Administrator Riehl: in this case, there was documentation as to the leak, so relief is being given only on the sewer portion); Councilman Mayer: asked Attorney Gertner if he was satisfied with the form and term of the agreement in item 1w (yes).
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Gordon and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Approval of water/sewer bill adjustments (3)
b) Approval of bench application - Rudinski
c) Appointment of Sean J. Spinello of Citta, Holzapfel & Zabarsky as Alternate Municipal Prosecutor
d) Approval of Payroll #22 ($225,858.27) and Payroll #23 ($349,961.96)
e) Payment to Pedroni Fuel for gasoline ($34,410.99)
f) Payment to OC Engineering for layout & striping of River Ave ($1,771.41)
g) Payments to Galvin Law Firm from Bd. of Adj. and Planning Bd. escrow accounts ($3,381.96)
h) Scheduled payment to PPB Board of Education ($896,186)
i) Release dewatering bond - 314 Carter Ave. ($200)
j) Payment to T&M Associates from escrow accounts ($1298.50)
k) Payment to United Computer for quarterly computer network support ($2550)
l) Payment to AC Schultes for bolt replacement at booster pump station ($2165)
m) Payment to Coded Systems for code book updates and web hosting ($5751)
n) PO to Waterway Inc. for hose and ladder testing and pump tests (not to exceed $5,000)
o) Award contract for DPW scooters to Harter Equipment Inc ($64,210)
p) Approve salary for MAC Coordinator
q) Appointment of Vincent Tinervia to serve in the absence of Plumbing Inspector/Sub-Code Official
r) Payment to Fire & Safety Services for maintenance of trucks ($6563)
s) Payment to VALIC for 2011 LOSAP Awards ($45,000)
t) Release of de-watering bond to Ronald and Carmen Simpson ($2,020)
u) Payment to Major Police Supply for emergency equipment parts for police vehicle ($13,468.07)
v) Appoint Ryan Ballou to Environmental Commission
w) Authorization for Mayor to execute agreement with FSD Enterprises for services to maintain cell
tower tenant
x) Approve request to maintain existing curb cut at 301 Woodland Avenue during rehab project
y) Payment to State of NJ for November health benefits ($102,496.53)
z) Payment to Firefighter One for turnout gear ($37,696)
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Councilman Mayer: questioned the amount of emergency appropriation to be approved (Mayor Barrella: recommended $650K; Councilman Gordon: asked if Administrator Riehl was comfortable with the $650K and why there was one generated for $875K; Administrator Riehl: she is comfortable with $650K – originally, there was to be an award of contract, which included a $225K change order for additional Boardwalk repairs – it was held from the October meeting – 2 resolutions were prepared, one if Council wanted to act on Boardwalk repairs, and another if not).
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Lurie and carried by roll call vote.
CONSENT RESOLUTION 2:
a) Emergency Appropriation ($650,000)
b) Payment to Denise Sweet & Associates from Board of Adjustment escrow ($200)
c) P O to N J State Lab for officer candidate screenings ($1350)
d) P O to Plainfield Consultation for officer candidate screenings ($9750)
e) P O to Brick Cardiovascular for officer candidate testing ($9000)
f) P O to Meridian Occupational Health for officer candidate physicals ($10,500)
g) Amend date for Chamber Christmas Tree Lighting to December 7, 2012
h) Authorize emergency repairs to drain pipe which collapsed as a result of Hurricane Sandy
i) Progress Payment #3 to JAK Construction for Boardwalk reconstruction ($6841.40)
j) Payment to Utility Supply for drill machine ($4454.91)
k) Payment of 4th quarter installment to OCUA ($329,970)
l) Payment to Brick Utilities for October water usage ($59,893.26)
m) Scheduled payment to PPB Board of Education ($896,186)
n) Payment to Pt Pleasant Bicycle for bike parts and helmets ($4455.61)
p) Payments of computer generated vouchers ($1,337,484.59)
q) Payment to Lawmen Supply for police guns ($9,500)
r) Authorization to advertise & accept RFPs for 2013 professional services
s) Amusement Games License Renewals (15)
t) Authorization for Labor Counsel to draft a Memorandum of Agreement for presentation to the TWU for ratification (Closed Session)
u) Accept leave of absence request from the Court Administrator (Closed Session)
v) Approval of Court Shared Services Agreement (Closed Session)
w) Authorization for Tax Assessor to prepare RFP for town-wide revaluation/reassessment
x) Reinstate policy that there will be no new Special Events in town
y) Authorization for Borough Engineer to bid for the replacement and repair of the collapsed drain pipe
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Motion by Councilman Corbally, to adopt RESOLUTION 3 (Authorization for Borough Attorney to draft a Water/Sewer ordinance, as per the recommendations of the CFO at 4% for Quarters 1 and 2, and an additional 4% for Quarters 3 and 4), was seconded by Councilman Gordon and carried by roll call vote:
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Council Member Lurie….NAY

Mayor Barrella: asked that Ordinance 2012-34 be removed – hopes it will need to be revised to reflect a greater scope of project, and will be revisited at the November 27th meeting (no objection).

Ordinance 2012-33 (Revisions to Noise Ordinance) was introduced on first reading.
Attorney Gertner: must go to DEP for approval – eliminates perception that PPB has a noise meter and Police are trained to use it – thanked Chief O’Hara for explaining the process.
Councilman Mayer: asked about the Special Enforcement Zone in the 3rd “Whereas” clause (Attorney Gertner: should be removed) in Section 3-2.6(b)5, “boxes, crates and containers” should expressly include garbage dumpsters – recurring problem – has implications – can’t slam down a dumpster until 8 AM (Mayor Barrella: asked Attorney Gertner to add “dumpster” to “garbage can;” Councilman Gordon: call it the Mayer Provision; Mayor Barrella: will call it the Mayer Amendment; Councilman Lurie: asked how dumpster can be taken out, if BOA approval permits garbage pick-up before such time; Attorney Gertner: asked if there are BOA approvals that may be affected; yes; Councilman Lurie/Attorney Gertner: can grandfather prior BOA approvals).
Motion by Councilman Corbally to approve Ordinance 2012-33 on first reading, subject to the Mayer Amendment and other change listed above, was seconded by Councilman Lurie and carried by roll call vote. Public Hearing will be held on December 18, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-35 (Fleet Vehicle Parking) was introduced on first reading.
Motion by Councilman Corbally, to approve Ordinance 2012-35 on first reading, was seconded by Councilwoman Tooker and carried by roll call vote. Public Hearing will be held on December 18, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

PUBLIC PARTICIPATION PERIOD OPENED AT 8:55 PM.

Dave Cavagnaro, PPB: thanked Councilwoman Tooker for raising the issue and leading Council at holding firm on no new events, outside of local events for Point Pleasant Beach.

PUBLIC PARTICIPATION ENDED AT 8:55 PM.

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

Meeting was adjourned at 8:56 PM.


TRANSCRIBED BY: Eileen Farrell, Deputy Clerk


ATTEST: Maryann Ellsworth, Municipal Clerk


Published January23, 2013 | Council Minutes | 1502


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