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November 27, 2012

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35 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 Reid, to enter closed session to discuss 1 personnel, litigation and contract negotiation matters was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Closed Session began at 6:35 PM and ended at 7:19 PM.

Mayor Barrella called the regular meeting to order at 7:21 PM. Present were Council Members Tooker, Gordon, Corbally, Lurie and Reid. Councilman Mayer arrived at 7:22 PM. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Teresa Carter, Emergency Management Director/Emergency Disaster Program, The Louis Berger Group: State contract is available for municipalities to utilize their services for debris monitoring and guidance on programs and funding, to maximize reimbursements and ensure affected areas are brought back to pre-storm condition – is a former State Public Assistance Officer, who has written policy and training for FEMA, and an Administrator in a California community wiped out by an earthquake (Councilman Gordon: asked if there is a return on investment) certain costs are not available for reimbursement (Councilman Mayer: asked for their fee structure) work hourly on task-order basis – Borough controls costs – not knowing the magnitude, cannot quote a price (Councilman Corbally: asked about the $50K quoted last week, how much would be reimbursed by FEMA, and what other Shore towns have contracted with them) $50K is a placeholder to assess where the borough is going and services needed – usually, at least 85% is directly reimbursable – depends how it is applied – contracted with Long Beach, Ship Bottom, Beach Haven, Ocean County, Belmar – some towns did things too quickly and may not be reimbursed – they’re trying to advise as quickly as possible, so things are done in a global perspective (Councilman Mayer: appropriation would be needed to hire them).
Brian Hanifin, VP, State and Local Services Division, The Louis Berger Group: life-long Ocean County resident – had his own firm for 20 years – expertise in project control, scheduling, construction management (Councilman Mayer: there is a knowledge gap in dealing with FEMA; Ms. Carter: explained the importance of terminology when completing paperwork – discussed FEMA’s insurance requirements and alternate ways to structure rebuilding to comply with them; Councilman Reid: asked where they would set up; Ms. Carter: will have someone here daily, as long as necessary – contracts with other local communities provide a global scale and perspective, which reduces cost) because they’ve contracted with the County through the State, they’ve set up at County offices (Councilman Reid: asked if they’ve considered a percentage at the end of the job rather than a retainer, about their hourly fee, and if they have dealt with FEMA representatives currently in New Jersey; Ms. Carter: percentage at the end wouldn’t be reimbursable by FEMA – FEMA scrutinizes their hours – fee is based on people identified for the task orders, and their pay rate – many FEMA representatives are new – met with the current representative in NJ and they agree on a lot; Mayor Barrella: asked how they interact with Borough’s professional staff; Ms. Carter: they supplement and take on disaster-related tasks that professionals can’t handle – not here to replace staff, but to augment them with their expertise – would defer to staff on community issues – hopes staff would defer to them on ways in which they apply for funding).
Councilman Mayer: asked Ms. Carter for a proposal for next Council Meeting, with numbers filled-in (Mr. Hanifin: will also check the debris monitoring that’s been contracted; Ms. Carter: would have recommended hiring someone prior to the Borough’s FEMA kick-off meeting on Thursday; Councilman Reid: asked that she attend that meeting; Ms. Carter: she can’t, but will send someone; Councilwoman Tooker: asked if they would provide an information session for homeowners; Ms. Carter: absolutely – has given many speeches about long-term recovery, preparedness, etc).

Kevin Starkey, attorney for Carl LaManna, owner of 709 Restaurant: requested temporary respite, from the holiday season through spring, from the Board of Adjustment’s (BOA’s) prohibition of live music – would like to have string quartets, 2-person and folk music bands, with no excess noise – to pick up overflow from businesses closed due to Sandy, and draw people back into downtown – Borough Attorney suggested they appear before BOA, but time is of the essence (Mayor Barrella: Governing Body should not usurp BOA’s conditions) will ask BOA for a longer time frame (Mayor Barrella: an applicant can pay for a special meeting – could personally support a 30 or 45 day approval, but they should apply to BOA tomorrow; Councilman Gordon: have had no opportunity to discuss; Councilman Corbally: should have already applied to BOA; Attorney Gertner: suggested he write a resolution, to be debated at the next meeting, outlining time frame and limitations on audibility, speaker systems, etc., conditioned upon formal application within a certain time period – must be careful in usurping the BOA’s power, and diluting the emergency the town has just experienced by comparing it to this; Councilman Gordon: not opposed – test period would be good – nearby residents can be heard before BOA; Mayor Barrella: Council will change January 1st – hesitant to go too far into 2013 – suggested getting Mr. LaManna through the holiday season, discussing at the first Council meeting after Reorganization, and seeing where they stand with BOA – all businesses which sell alcohol were closed for 9 days, based on the decision of the Office of Emergency Management – need to balance Mr. LaManna’s needs with those of area residents – would like to hear from Police about the impact on downtown; Attorney Gertner: can carry request after hearing the sentiment of the Board and Chairman – in this case, Mayor and Council; Mayor Barrella: leave the time period open).
Motion by Councilman Lurie, to authorize the Borough Attorney to draw up a resolution to provide temporary respite of live music prohibition at 709, effective through March 1, 2013, for discussion at the next Council meeting was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

COMMITTEE REPORTS:

Councilman Reid: No Report.

Councilman Lurie: No Report.

Councilman Corbally: paint cans must be brought to DPW, to conform to hazmat regulations.

Councilman Mayer: attending tomorrow’s seminar, which deals with tax assessments – will receive MEL JIF credit for attending – there is a budget overview, and a section on codes and standards.

Councilman Gordon: No Report.

Councilwoman Tooker: encouraged Councilman Reid to attend the JIF seminar, as he is fairly new – receive $250 credit for each official who attends and good information is presented; received letter from Anne Lightburn about the Boardwalk near Surf Taco – suggested Engineer Savacool look into it (Mayor Barrella: part of the authorization to prepare bid specs; Engineer Savacool: will require CAFRA permit – must consider structure’s condition – believes it is eligible for FEMA reimbursement) Environmental Commission wants to talk to beachfront owners and the State – hopes the State will require dunes where they weren’t before; e-mailed Administrator Riehl about debris in the lake.

Mayor Barrella: Bay Head is using the Council Chambers next Monday; asked Attorney Gertner if he can appoint someone to the BOA, conditioned upon resignation from the Planning Board (Attorney Gertner: must get the resignation and approve it at the next Council meeting, effective the day it was written) consulted with Attorney Galvin – Planning Board members have more expertise than the general public – already have Land Use training – asked for Council’s approval to appoint Jason Shamy and Tom Davis.
Motion by Councilman Corbally, to appoint Jason Shamy and Tom Davis to the BOA, conditioned upon their resignation from the Planning Board, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA
Mayor Barrella: temporary appointments – both are aware they might someday be asked to return to the Planning Board to fill that need – will help to get things moving along for residents.

Administrator Riehl: No Report.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) OPENED AT 8:07 PM

Christine Riordan, Point Pleasant Beach (PPB): appreciates the Mayor wanting experienced people on the BOA – lots of people will need lots of help – but these positions are voluntary and there are trained people in the community, some who have served on the Boards, such as Mr. Ammirata and herself – important that people know help is available, and they can help fellow residents – asked the Mayor to open it to the public when considering future BOA appointments (Mayor Barrella: need a sense of how long Mr. Shamy and Mr. Davis will be needed – if they return to the Planning Board, more BOA appointments can be made) may need Planning Board intact – it might be appropriate to change the Zoning Ordinance, which is the Planning Board’s job.
Dave Cavagnaro, PPB: complimented AshBritt and Conti for phenomenal debris pick-up; asked if the Borough vacated a portion of Boardwalk near Parkway, because Jenkinson’s has it barricaded (Chief O’Hara: they are blocking pedestrians from the ramp because of work being done there; Mayor Barrella: that’s understandable – there Boardwalk is access via Arnold Avenue).
Anne Lightburn, PPB: complimented Council and the Borough for terrific job cleaning up; thanked Council for considering her recommendation on the Boardwalk; recommended using The Berger Group – people will decide which beach they will go to in the next couple of months – if this group can help Council make decisions quicker, it would be a big help to businesses and renters.
Dan Friendly, PPB: a critic of this administration, but thanked and applauded them for accomplishments since the storm; would like a natural wood Boardwalk – aside from aesthetics, when Trex lifts during a storm, boards and foundations come up in big sections that can damage other structures – doesn’t happen with wood – asked for Council’s thoughts and plans (Mayor Barrella: Engineer can consider; Engineer Savacool: based on bidding for the southern section, wood boards were $65 each, installed, and Trex @$100 each; Councilman Gordon: not necessarily the cost, but replacement cost over time – if it’s 3 to 1, it doesn’t make sense; Engineer Savacool: there is a liability issue with splinters – wood today does not wear like the PPB Boardwalk 30 years ago – tends to splinter – it is pressure-treated – sustainable tropical hardwoods are another option, but more expensive).
Pat Knight, PPB: her downstairs was destroyed – asked if she could apply for a variance to add a porch (Mayor Barrella: she must, because porch is outside the footprint) asked who decides the 50% (Attorney Gertner: Construction Code Official, owner, and owner’s architect or engineer – Construction Official confers with Tax Assessor; explained Ordinance 2012-37 – overlay ordinance, allowing those in zones where single-family houses are permitted to rebuild within their footprints, utilizing professionals, applying for permits - not going before BOA saves money and time – 200’ notice and publication are unnecessary – also allows rebuilding to the zone’s height limit without a variance; Mayor Barrella: if Ms. Knight wants to replace what’s in her first floor, it’s likely she won’t exceed 50% of the value, so wouldn’t need to go to BOA – electrical or plumbing work requires a permit – if expanding the footprint, must go to BOA; Councilwoman Tooker: Code Enforcement Officer Petrillo could tell her if she needs a variance) asked who decides if a house must be raised (Councilman Gordon: the 50% rule – asked if it refers to the assessed value pre- or post-Sandy; Attorney Gertner: a FEMA determination).

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) ENDED AT 8:26 PM.

Councilwoman Tooker: asked if amusement games license fees are at their maximum (Clerk Ellsworth: yes – did gradual increases in 2011 and 2012; Councilman Gordon: asked if there is a contingency plan if businesses can’t get their amusements up and running; Clerk Ellsworth: must renew now – can do so, in anticipation that they will be operable at least part of the year – if they don’t renew now, they would have to apply later, when licenses are up for grabs).
Councilman Reid: asked about item 2d (Chief O’Hara: intention for 2013 is to increase the ratio of Class II to Class I’s – couldn’t find enough qualified candidates – could be looking for Class I’s to fill the void – hope to be close to last year’s numbers – about $2/hour difference in rate; Mayor Barrella: these new hires will supplement the existing Class I’s and Class II’s – must approve tonight to get them through the medical testing and into the academy).
Councilman Mayer: asked about providing guidance to Engineer Savacool on the Boardwalk specs (Mayor Barrella: idea is to be flexible – to allow Council to make informed decisions).

Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Reid and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Establish Borough Holidays for 2013
b) Establish Bulk Pick-Up Dates for 2013
c) Amusement Games License Renewals (25)
d) Appointment of Class II Special Officers for 2013 (24)
e) Award contract for Boardwalk reconstruction to Albert Marine ($290,210)
f) Payment to Winner Ford for replacement police vehicles ($68,950)
g) P O to American Pipe Cleaning for sand removal (not to exceed $50,000)
h) Payment to American Pipe Cleaning for sand removal ($16,800)
i) P O to RT Davies for tree removal (not to exceed $15,000)
j) Payment to RT Davies for tree removal to restore power ($4900)
k) Payment to Johnny on the Spot for rentals for ‘Sandy’ recovery workers ($5148)
l) Payment to Giles & Ransome for 2012 Caterpillar loader ($83,900)
m) Authorize Boro Engineer to prepare bid specs for Boardwalk reconstruction
n) Payment to Caruso Excavating for ‘Sandy’ recovery work ($490,755)
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie, Reid….YEA

Ordinance 2012-36 (Water/Sewer rate increase) was introduced on first reading.
Councilman Mayer: confirmed numbers with Administrative Riehl (Administrator Riehl: 4% on 1st and 2nd Quarters, an additional 4% on 3rd and 4th Quarters - will be in effect for next year – may have deficit this year, but this should address what must be done for next year’s budget; Councilman Reid: suggested increasing the Ready to Use charge; Mayor Barrella: included in 4% increases).
Motion by Councilman Corbally, to approve Ordinance 2012-26 on first reading, was seconded by Councilman Reid and carried by roll call vote. Public hearing will be held December 18, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Councilman Lurie….NAY

Attorney Gertner: thanked all for their help in drafting Ordinance 2012-37 – last revision was based on conversations with Attorney Galvin, whose input should assist in expediting Planning Board approval – provides interim administrative relief to expedite Zoning and Building approvals for people to rebuild on their footprints, while adding stairs to accommodate FEMA’s increased height requirements (Councilman Mayer: asked about the Planning Board approval process) Planning Board has input, between first and second readings, on any ordinance that affects Zones (Councilwoman Tooker: concerned the ordinance is not clear that homes must be rebuilt to FEMA’s height requirement; Mayor Barrella: instructed Attorney Gertner to insert the parenthetical phrase, “as relates to FEMA and all other applicable regulations” in Section C; Councilman Corbally: asked for advice on voting, as he is a member of the Planning Board; Attorney Gertner: advised him to abstain at the Planning Board).
Ordinance 2012-37 (Housing Reconstruction) was introduced on first reading.
Motion by Councilman Lurie, to approve Ordinance 2012-26 on first reading, was seconded by Councilman Reid and carried by roll call vote. Public hearing will be held December 18, 2012.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Lurie Reid….YEA

PUBLIC PARTICIPATION PERIOD OPENED AT 8:40 PM

John Dixon, PPB: asked what the average water increase per household would be, what the deficit is in the Water/Sewer Department was, and if someone could explain how the deficit happened.
Christine Riordan, PPB: asked if the town used less water than anticipated.

PUBLIC PARTICIPATION ENDED AT 8:43 PM.

Motion by Councilman Corbally to adjourn was carried by consent of Council.

Meeting was adjourned at 8:44 PM.



TRANSCRIBED BY: Eileen Farrell, Deputy Clerk



ATTEST: Maryann Ellsworth, Municipal Clerk


Published January23, 2013 | Council Minutes | 1503


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