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December 4, 2012


The Council of the Borough of Point Pleasant Beach met at 6:44 PM with Council Members Tooker, Gordon, Mayer, Corbally and Reid present. Councilman Lurie was absent. Mayor Barrella arrived at 7:29 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman Gordon, to enter closed session to discuss contract, litigation and personnel matters was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA

Closed Session began at 6:46 PM and ended at 7:20 PM.

Mayor Barrella called the regular meeting to order at 7:30 PM. 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.

Motion by Councilman Mayer to approve the minutes of the November 6, 2012 Council Meeting, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally and Reid….YEA

Martell’s submitted a letter requesting use of the New Jersey Avenue Municipal Lot as a staging area for equipment while they rebuild their decking and pier – they will provide Certificate of Insurance.
Ron Gasiorowski, attorney for Martell’s: portion of pier was lost during the storm – Scott Bassinder of Martell’s contracted for restoration within their site plan approval and previous footprint – has looked into various avenues of getting equipment and materials to the site because of the Boardwalk’s condition – contractor suggested staging in the municipal lot – understands the process will take approximately 5-10 days – Mr. Bassinder is prepared to enter an agreement to ensure there is no damage (Mayor Barrella: letter is signed by David Bassinder) Scott Bassinder is the owner – David Bassinder, the former owner, should have signed as his agent – was inadvertent (Mayor Barrella: asked why they are requesting use of the lot, which is about as far away as one can get and still access the beach) is not a dock builder – was told that area provides access to the beach (Councilman Mayer: per Mr. Bassinder, Kremer and Son requested that spot because it’s the only place they could access the beach to drag pilings to the pier; Mayor Barrella: Risden’s lot seems more logical – asked if Boardwalk remnants are still there; Administrator Riehl: yes – would be more difficult to maneuver through there – municipal lot is just beach sand; Mayor Barrella: invited comments).
Councilman Corbally: been troubled, over the last couple of years, about conflicts of interest and moral conflicts – stated that Councilman Mayer’s wife’s best friend is the spouse of Jenkinson’s CEO, and his brother-in-law has a management position with Martell’s, yet he votes on issues that involve those corporations – spoke with Pat Storino, Ed McGlynn and Marilou Halvorsen of Jenkinsons in October and they came up with an agreement to drop their lawsuits and put the town first – they expressed concern that David Bassinder of Martell’s would not agree – Mr. Gasiorowski sent a letter 2 days after the storm, asking about interrogatories and dates for depositions, instead of caring about the people of PPB – understands Mr. Bassinder is not looking to build on his footprint, but would like to double that pier – bar patrons coming from Martell’s cause most of the problems during the day – to double that occupancy makes no sense from a town/resident standpoint – will have to vote “no,” based on their refusal to work with the town or the people of PPB.
Councilman Reid: Councilman Corbally owes Councilman Mayer an apology for calling him “immoral” (Councilman Corbally: doesn’t feel Councilman Mayer should vote on this, as it’s a moral conflict; Councilman Mayer: according to statute, the legal question is whether he has a personal involvement with Martell’s that might reasonably be expected to impair his objectivity or independence of judgment – the answer is “no” – Councilman Corbally is a defendant in a Martell’s lawsuit – they are suing him personally – he has made very angry statements about Martell’s – asked if his personal involvement with Martell’s impairs his objectivity or independence of judgment regarding Martell’s; Councilman Corbally: no; Councilman Mayer: will take him at his word – but it is insulting to suggest that his integrity is impaired because of where his brother-in-law works or who his wife is friends with – asked Attorney Gertner if there is any legal reason for him to recuse himself on whether pilings can be placed in the lot; Attorney Gertner: a brother-in-law is not an immediate family member – everything else would be determined on a case-by-case basis and is left to one’s own devices until a court would say otherwise – so it is not a legal conflict).
Mr. Gasiorowski: talking about restoring a facility which is an integral part of a business and the community – it is contributory towards the tax base – Martell’s is not looking for construction approval, just approval to store equipment on an empty lot for 5 or 10 days, so they can travel across the beach to reconstruct their pier – the letter he sent to Mr. Gertner was a perfunctory letter, dictated prior to the storm, because of time parameters concerning discovery – these items were supposed to have been addressed earlier – acknowledges that there have been negotiations – ridiculous to take that personally – to impugn that he or his client did something wrong by sending that letter is incorrect – the issue of Martell’s looking to expand in the future shouldn’t be part of this discussion – if they choose to do so, they would have to apply to the Board of Adjustment – plans have not been prepared and an application has not been submitted – just looking to replace pilings destroyed by the storm, as part of the community restoration – Mr. Bassinder has suffered hundreds of thousands of dollars of loss and is looking to bring his business back to what it was prior to the storm – Council has the right to demand protection from Mr. Bassinder/Martell’s, with regard to the integrity of the Borough’s real estate – if denied, the pier might not be rebuilt before summer – not good for this community.
Mr. Mayer: he and Councilman Corbally exchanged e-mails over the weekend and he asked that Councilman Corbally repress this line of discussion because who his brother-in-law works for, or who is wife is friends with is not important – what’s important is getting this town rebuilt expeditiously.
Mayor Barrella: Mr. Gasiorowski mentioned the impact on PPB’s tax base – the valuation of the entire Martell’s Tiki Bar, pier and building is $250K – not sure there is a major impact on the tax base, were that pier not to be rebuilt – takes Councilman Mayer at his word that he did not discuss anything with his brother-in-law – understands people’s frustration – called this request “chutzpa” and reflective of decades of a sense of entitlement, based on influence exerted on Council – however, if he had a vote, he would vote “yes” – Council should be bigger than the “small man” making the request.
Mr. Gasiorowski: understands where Mayor Barrella is coming from and respects his comment – is here as an attorney making a request on behalf of his client – even if his client is wrong, Council should consider if this is a reasonable request – asked for their indulgence – despite their many differences, he believes Mayor Barrella would vote “yes.”
Mayor Barrella: directed Clerk Ellsworth to add this as Resolution 6.


Councilman Reid: No Report.

Councilman Corbally: Chamber’s Winter Festival is December 13th, 7PM-10PM at Martell’s – admission is a $25 gift card to help PPB residents who are displaced or otherwise need help; thanked Administrator Riehl, who is in charge of the town, employees, unions, clean-up, and a massive amount of unknowns over the last 3 weeks – she has stayed calm, has not made any blunders – she has a great staff, but he commended the job she’s done.

Councilman Mayer: thanked Administrator Riehl – has juggled many balls with calmness and pleasantness; attended a Sandy seminar last week – State is abuzz about reassessments – concerned that we don’t know much about FEMA processing and needs help – Administrator Riehl and Clerk Ellsworth have gotten the Ocean County Joint Insurance Fund (OC JIF) in the loop (Administrator Riehl: they were here today, touring damaged municipal properties and locations) upon attending a Budget and Finance seminar, has asked Administrator Riehl to get the entire Emergency Appropriation sized up – concerned about PPB’s ability to access the market, as many towns have problems and a lot of notes are being issued – need to focus and get it done this month; thanked and complemented his brother-in-law, Chip DiCorcia, who just took a beating, and his wife for their work after Sandy – organized more than 850 volunteers to clean out more than 300 houses – very hard work (Mayor Barrella: thanked Mr. DiCorcia and his nephew, Stephen Schneider, who helped clean out his house – appreciates that – doesn’t believe Mr. DiCorcia got beat up – no one has a problem with him taking a job – Councilman Corbally is troubled that he got a job with someone who Councilman Mayer might have been negotiating with while on Council).

Councilman Gordon: no Police report – will do an end-of-year re-cap at next meeting, with year-long statistics to-date; attended Recreation Committee meeting – complemented the coaching and coordination of the Basketball Program – Tree Lighting Ceremony is December 7th, 5:30-8:00PM – encouraged all to attend the Chamber’s Winter Festival/Holiday Social at Martell’s and the High School Winter Concert prior to that – Councilman-elect Cortes has not been attending Recreation Committee meetings, as Treasurer, for the last 6 months – pleaded that he provide a final report, so the committee knows where it stands.

Councilwoman Tooker: no Building Department report, but they have been working round-the-clock – keeps hearing how wonderful everyone is – Building, Police, Administration, everyone – will have something for year-end; asked if someone on staff can be assigned to grant applications, like the Ocean County Tourism Grant - important but onerous (Councilman Gordon: that segways into a Tourism Committee, with which he and Councilman Corbally are involved – trying to hire a marketing firm to rebrand the town, especially in light of the tragedy, to get the Boardwalk up and running – need to get the message out that we will be ready – want people to continue to come – have spoken about the Ocean County Tourism Grant and funding an operation to help with that) can’t let the tourism grant slip through – it’s not for a volunteer – grants are very involved (Councilman Gordon: Tourism Committee will take it under its wing – an important effort, but Borough employees have higher priorities) someone should attend the upcoming workshop at the County; when the dust settles, need to pursue a Schedule C for County to get rid of the pump house on Cook’s Lane – perhaps Open Space could put it on the ROSI as a recreation area (Councilman Gordon: did not agree with adding to ROSI); Environmental Commission has money to spend from a grant, so is working on replacing some of the little things lost in the storm, such as butt containers at the Inlet and doggie waste materials; asked if anyone participated in the State-sponsored FEMA conference call – Tom Davis from the BOA listened in – hopes he will give Council a synopsis on the plethora of things they can help with.

Mayor Barrella: asked Administrator Riehl if everything has been squared away with MAC (yes); met with a legislative delegation, put together to review storm damage up and down the coast, with stops in Seaside, Brick and Mantoloking – glad they saw the area devastation first-hand – made it very hard for him to ask for help – while PPB suffered much damage and some people are out of their homes, for the most part, our people have homes – they are in disrepair and people are going through an incredibly tough time – but, in Bay Head and Mantoloking, there aren’t homes – he did ask for help, but had a sense of embarrassment in the face of that destruction – grateful the storm did not hit 5 miles north of where it did – moving experience, especially being with a Bay Head Councilwoman, whose home was destroyed, and the Bay Head Mayor, whose long-time family business was decimated – thanked Assemblyman McGuckin, primarily, for putting this together – thinks it had a profound impact on the legislators – hopefully, we will get some relief, and they will come up with some good ideas on how to pay for the recovery; addressed speculation about last week’s scheduled Special Meeting – on October 31st, he received an e-mail from Ed McGlynn, pointing out their past differences, but asking to get together to discuss PPB and the Sandy aftermath – met on November 20th with Mr. McGlynn and Vincent Storino, who made an enormously pleasing proposal – he had hoped to get it finalized – met with Scott and Dave Bassinder the Friday after Thanksgiving – that meeting was cordial and hopeful – he called the DCA Commissioner, because we hadn’t gotten a Public Assistance Coordinator appointed, and asked if he or the Governor could call FEMA to ensure we got one, in an effort to move this process along as quickly as possible – been 2 weeks – thinks people need to understand what prompted the November 27th meeting and tonight’s meeting – not ready to finalize anything – hopes to get there soon; seconded Councilman Corbally’s remarks – Administrator Riehl and Clerk Ellsworth have been the glue that has held this building together and part of the glue that has held the entire town together.

Administrator Riehl: OC JIF had 4 representatives in town today to inspect Borough damaged properties – Little League field, Surf Taco building, Inlet lot – they will require a lot of numbers and paperwork, but she is encouraged that we can start the process of restoring, rebuilding, tearing down, budgeting (Councilman Gordon: asked if JIF is in compliance with FEMA) yes – met last Friday with our PA in charge of Boardwalk and shoreline – he has been all over town and started some worksheets on the Boardwalk, so we can start the process of tearing out and going out to bid to repair or replace what is needed – met today at the County with our PA for debris removal and overhead – he took a lot of information and we have to supply a lot more – they will start the paperwork and we can try to apply for and receive partial reimbursements – first for overtime, manpower and equipment cost, then for debris, then for rebuilding – it’s slow, but moving forward; received notification from the DEP that our permit to stockpile in the Silver Lake lot will expire December 31st - everything must be cleared out and placed at a solid waste facility, or we can be subject to violation and fines (Councilman Gordon: asked if that can be waived or extended) could ask for an extension – but were notified by DEP that, if people are putting non-storm-related debris to the curb, we will not receive reimbursement for it – there are DEP monitors at every stockpile site, who sign off on every truck that goes out – lot of people are rebuilding and putting materials out – in order to stop that, and clear the lot by the end of the year, we have suspended storm-related debris pick-up at the curb as of December 9th – encouraged all to take advantage of this free service before they lose the opportunity to do so – hoping that at least 85% will be out (Councilman Gordon: have done a monumental job so far – hopes residents will have a conscience and do the right thing by the town) would be unfortunate if only a handful took advantage, when all the taxpayers will end up covering the cost (Mayor Barrella: assumes DPW is particularly skeptical about large quantities of material being placed out in non-flood areas; Councilman Gordon: asked when sand underneath the bathhouse can be cleaned out, so we can ascertain what repairs are required) hasn’t been a priority yet, because we’ve been concentrating on cleaning the streets – but there is a ton of sand in the lot and in the building that must come out (Mayor Barrella: met with DEP Commissioner Martin, who indicated they might be able to help with Green Acres-funded properties – that is a property that’s on the ROSI – asked Administrator Riehl to call Cindy Randazzo; Mr. Diaz, Open Space Committee: spoke with Surf Taco tonight and asked them to remove whatever is still there as soon as possible – Committee’s intention is to help get that back online – Surf Taco gave their commitment to do so; Mayor Barrella: getting the Boardwalk done is part of getting that back online.

Attorney Gertner: explained Resolution 5 – to allow the entity reconstructing the private area of the Boardwalk to better fit their portion to ours, which would prevent tripping in the future – like tongue & groove (Mayor Barrella: concerned about being locked into doing it that way everywhere and about the cost; Administrator Riehl: cost would not be on us – it’s just in the private area adjacent to the award made at last meeting; Mayor Barrella: confirmed that everywhere else would be butted) confirmed with Engineer Savacool that, as the bid process is moving forward, that should be a requirement – from a liability perspective, should reduce trips on the Boardwalk – over the lifetime, if that cuts out 2 liability cases per year, presumably, our insurance rating would go down.

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

Tom Highton, Point Pleasant Beach (PPB): need to address the issue of building the dunes, as these storms will keep coming (Mayor Barrella: directed Administrator Riehl to speak to Cindy Randazzo at the DEP about it and have Engineer Savacool look into it); asked how much of the Boardwalk would be covered by FEMA; asked about Martell’s – their assessed value and whether they are looking to expand – someone should look to see how many pilings they are putting in.
Kitty Stillufsen, PPB: thanked Mayor and Council, especially Councilmen Corbally, Lurie and Mayer, for moving so quickly to expedite Planning and Board of Adjustment (BOA) issues; would be an opportune time to create a commission-based, paid position for someone to raise money for memorials and sponsorships, now that we have the attention of the entire country, to alleviate some of the burden.
Dave Cavagnaro, PPB: asked about item 3/c – concerned about the precedent of changing policy as the public does not have the right to appeal BOA decisions to the Governing Body – asked if, going forward, the public will have the same rights as 709 (Attorney Gertner: this is not to be taken as a usurpation of the BOA’s role – it is a narrowly-circumscribed, particular request for suspension of enforcement of a very particular and narrow part of the current BOA resolution – BOA will hear testimony because as part of this request, the applicant is to make a formal application to amend that particular issue – there will be notice to neighbors – the balance of the noise conditions/noise ordinances of the Borough will still apply – spoke with their attorney today – they expect to make application by the end of the week – the form of the resolution to be voted on indicates that, if no application is made by the 15th, approval is withdrawn without further action – what Council is doing is based totally on unusual and unprecedented circumstances – it’s a limited circumstance, filling a void that is impossible to fill at other locations – downtown restaurants compete with the northern market – the more support Council gives to that market, the more apt they’ll be to stabilize that portion of the tax base – this does not signal to the BOA that Council supports or does not support the application – advised Council how to make their motions very clear – asked Mayor Barrella to advise Clerk Ellsworth to make this a separate resolution); as a resident, doesn’t want to be a good neighbor to someone who doesn’t respect him, his quality of life, or the taxpayers who foot the bill for extra police for 2 bars on the Boardwalk - regarding Resolution 4, before expanding any more repairs to the commercial side of the Boardwalk, asked that the residential side be looked at - there is a lot more of that and they are being forgotten.
Tom Davis, PPB: spoke about the FEMA teleconference in which he participated – granting relief under extenuating circumstances can lead to unacceptable or unaccounted for conditions – must be careful while taking steps to reduce red tape, grant relief from ordinances, allow people to rebuild and get the town back on its feet – FEMA is taking the long view and is revising coastal flood maps and coastal flood elevation – flood insurance requirements are going to based on rebuilding at proper flood base elevations – if home is more than 50% damaged (believes that is based on value prior to the storm; Administrator Riehl: Brick has it on their web site that they determine the assessed value to be before the storm) or homeowner is doing more than 50% in value of renovations, must meet those requirements, flood insurance would be about $400 per year – if one is not in that 50% category and is choosing to rebuild and does not meet the requirements and is not held to meet them, can expect flood insurance rates to be about $2,700 per year – their thinking is that there is a $30K supplement available to those in the 50% category, to help them rebuild according to the standards – the carrot is that, even you are not in the 50% category, you will build to those standards because the savings on flood insurance will make up that difference over time – when Council does things to diminish regulations and make things easier, must be careful not to usurp what FEMA is doing because it will be here for a long time – encouraged all who did not participate in the call to view the new maps on the web site [Councilman Mayer: PPB is currently a “9” on a scale of 0-10 in the Community Rating System (CRS) and every point you get is a 5% savings – must focus on the big things first, but when things get back to normal, Construction Official Gardner should look at this; Councilman Corbally: houses built over the last 15-20 years, to base flood elevation, were not significantly damaged] there are lot of people in town who are not in the 50% category, who are gutting their first floors and rebuilding, and they will be subject to that higher insurance rate – some people, if they knew that beforehand might raise their homes; reiterated Mr. Highton’s comments about dunes (Councilman Mayer: doesn’t know what our legal authority is; Mayor Barrella: it may not be possible to force someone to put dunes on their property, but the town could put dunes on property that used to be someone else’s property, but is now the town’s property – asked Mr. Davis to attend tomorrow’s Planning Board meeting, submit his resignation to the Planning Board secretary and then attend the BOA meeting the following night) thanked all on Council – have done a great job – Mr. Savacool also listened in on the FEMA call and will probably provide a write-up.
Dan Friendly, PPB: asked if a decision has been made as to what materials will be used for the Boardwalk (Trex on one section) – left some pictures for Council’s review – one is what happens with Trex and one is what happens with boards – showed a building that was flattened by the Trex boardwalk – concerned about safety and potential for lawsuits – financial ramifications if Trex comes up and takes out our concrete buildings – they come up in 100’ sections and steamroll everything in their path – even if the contract has been awarded – may want to discuss with the Borough Attorney and give some long-term consideration.
Al Varosi, PPB: dunes develop every year on our beach – DEP allows a program called Beach Maintenance in which we plow our dunes down into a parking lot and we have flat beach every year – the dunes that develop every year get pushed into the ocean, travels north, fills up the Inlet and the Army Corps dredges the Inlet a couple of times a year; on behalf of John Olsen of the Lake Louise Property Owners Association, brought 2 issues to Council’s attention – 1) debris that may have been deposited in the lake after Sandy - Association has contracted someone to drag for debris - starting the day after the deadline for putting debris to the curb – he has been contracted to deposit that debris at the end of Harvard Avenue – asked that DPW pick up that debris and get rid of it – it is a public lake, used by more than just the lakefront owners (Mayor Barrella: advised speaking to Cindy Randazzo, so as not to be subject to DEP fines) – 2) Albert Marine would like to bring a barge to the lake to remove damaged docks and bulkheads – would like to use the south end of Boston Avenue as a staging area, which would require relocation of one of the trees, which limits access to the lake, with restoration afterwards – should take 8-10 weeks – wants to begin on December 17th (a written request needs to be made to DEP).
Peg Buccino, PPB: her house was destroyed and is coming down – working to get an engineer and going to the BOA – asked if a resident gets bumped if an emergency like 709 comes in (Attorney Gertner: once an application is deemed complete, there is a statutory time period within which a decision must be made).
Pat Knight, PPB: questioned the $30K that FEMA is offering to raise a house – never heard of that – asked if the town goes house-to-house to see what is damaged – her neighbor’s house is damaged and he is listing it with a Realtor (Attorney Gertner: no affirmative obligation to do so).
John Dixon, PPB: was told the $30K to lift his house could be granted only if it was his second flood, within the last 10 years; doesn’t understand why Council was on-board with 709’s request for live bands, to keep business going, but are questioning Mr. Gasiorowski about who owns Martell’s in Bayville, when he wants to rebuild his pier – has nothing to do with what he is here for – Councilman Corbally is making out-of-line, inappropriate allegations, yet several meetings back, he voted on the parking plan, even though he had a conflict because of the lawsuit – Councilman Gordon called out and scolded Mr. Cortes for not attending Recreation Committee meetings – should have phoned him.
Andrea Bowne, PPB: has the ICC paperwork from FEMA about the $30K to which everyone is referring – one section on eligibility is repetitive damage, but only if property damage is 50% of its pre-damaged value – her house would have to be raised 4’ to comply with current regulation and, therefore, would exceed 35’ – asked if she will require a variance (yes; Attorney Gertner: policy of the ordinance is that if you are in a zone that permits 20’, in order to get above the flood level, you could go to 22’ before needing a variance – Governing Body was clear that the 35’ limit requires BOA application – at issue will be if you are raising to be preventative or because you have to – presumes she will tell the BOA she is raising her house to maintain compliance, because it helps in the rating, and because the structure of her home is pre-existing and it would cost more in the long run and be a detriment to her and the Borough as a whole if she were forced to lop off the top – they will listen to the facts of her particular case, because a variance runs with a particular issue – should have her engineer or planner available to make that testimony – believes the engineer must also be a licensed planner, if exceeding 35’ – licensed planner is in a better position than an engineer to make that particular argument).
Sharon Cadalzo, PPB: there was a bench at Lake Louise before it was dredged that is not there anymore – she and her dog miss it because they can no longer have coffee there.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 9:43 PM.

Councilman Reid: asked Attorney Gertner for a legal opinion regarding his voting on items 1/p and 1/v – has done some community relations work for them (Attorney Gertner: if there is still an ongoing relationship, he would be better served to recuse himself – that is not out of any overt act, but a concern for potential conflict); Councilman Mayer: asked that item 3/b be considered separately after Resolution 4 (Mayor Barrella: will be Resolution 8 and voting would be done out of order).
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Mayer and carried by roll call vote.
a) Support for Brick & Bay Head Mayors’ request to Governor regarding advanced funding from FEMA for debris management
b) Payment to State of NJ for December health benefits ($102,496.53)
c) P O to Winner Ford for 2012 Ford F350 to replace “Sandy” vehicle ($31,356)
d) P O to All Time Auto Body for work on Police Interceptor ($3708.60)
e) P O to Christopher Taylor for berm work on beach ($1800)
f) P O to Ash Britt, Inc for “Sandy” debris removal ($500,000)
g) P O to Arcadis for “Sandy” debris removal DEP monitoring (not to exceed $50,000)
h) Payment to Point Bay Fuel for gasoline ($3984.56)
i) Payments to Memphis Equipment for “Sandy” repairs to OEM 6X6 ($2663.02)
j) Payment to Feld for Skid Pack ($10,950)
k) P O to Firefighter One for replacement gear storage racks ($3222.70)
l) P O to Granturk Equipment for emergency repair of Elgin Sweeper ($5000)
m) Approval of Payroll #24 ($302,282.67)
n) Payments to T&M Associates from BOA escrow accts ($2015.75)
o) Payments to the Galvin Law Firm from BOA accts ($2040)
p) Payment to the Ocean County Landfill for tipping fees ($45,000)
q) Payment to Cambria Automotive for Sanitation Truck ($214,795)
r) Payment to Pedroni Fuel ($10,206.68)
s) Payment to Turf Equipment for Polar Trac snow thrower with cab ($22,275.89)
t) Payment to Petroleum Traders for gasoline ($22,591.55)
u) Payment to T Slack Environmental for CPU Board for root fuel disposal system ($2677.10)
v) Payment to Ocean County Landfill for tipping fees for Hurricane Sandy debris (not to exceed $150,000)
w) Payment to Suburban Disposal for “Sandy” debris truck rental ($20,000)
VOTE: Council Members Tooker, Gordon, Mayer, Corbally and Reid (items 1/a-o and 1/w)….YEA
Councilman Reid (items 1/p and 1/v)….ABSTAIN

Mayor Barrella: asked Administrator Riehl if she is comfortable with the fact that FEMA is a client of Louis Berger (Councilman Mayer: there has been discussion about litigation and indictments that were settled several years ago – from the little research he has done, it’s been dismissed – this is a unique contract – to enter into a series of contracts – it sets the framework).
Motion by Councilman Mayer, to adopt RESOLUTION 2: (Approval of Louis Berger Group proposal for disaster recovery services), was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally and Reid….YEA

Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Gordon and carried by roll call vote.
a) Transfer of funds between 2012 Budget accounts ($17,700)
b) REMOVED for separate consideration as Resolution 8
c) REMOVCE for separate consideration as Resolution 7
d) Payment of computer generated vouchers ($146,103.12)
e) Correction to 6/2 6/12 minutes for amount paid to Denise Sweet ($400)
f) P O to PL Custom Lighting to install emergency lights/siren on OEM vehicle ($2196)
g) Appointments to Municipal Alliance Committee (2)
h) Approval of request for a ‘Christmas Carole Sing” in the RR lot on 12/23/12
VOTE: Council Members Tooker, Gordon, Mayer, Corbally and Reid….YEA

Motion by Councilman Mayer, to adopt RESOLUTION 4 (Change Order to Albert Marine, for the purpose of adding 400 feet to the north of the existing contract for Boardwalk Reconstruction, subject to the Administrator receiving reasonable assurances from FEMA that it will be covered by FEMA, and subject to the appropriation being in place - $225K), was seconded by Councilman Reid and defeated by roll call vote.
VOTE: Council Members Mayer and Reid….YEA
Councilwoman Tooker, Gordon and Corbally….NAY

Motion by Councilman Mayer, to adopt RESOLUTION 5 (Boardwalk demo recommended by Engineer Savacool), was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally and Reid….YEA

Motion by Councilman Reid to adopt RESOLUTION 6 (Request from Martell’s Tiki Bar),
was seconded by Councilman Mayer and defeated by roll call vote.
VOTE: Council Members Mayer and Reid….YEA
Council Members Tooker, Gordon and Corbally….NAY

RESOLUTION 7 (Memorandum of Understanding with Lamannasquan, t/a 709) was discussed.
Councilman Corbally: since the request was for the Holiday Season, suggested going through the weekend of January 5th (Attorney Gertner: they had requested through the weekend of February 8th to March 1st – spoke with Attorney Starkey who was concerned that the BOA might be too busy to hear them – hoped to send in a letter request for extension, as long as they are acting in good faith; Mayor Barrella: they have the ability to request a special meeting to expedite this process so that Council doesn’t circumvent the Board of Adjustment – doesn’t support beyond January 5th; Councilman Reid: should be in by Friday to sign this; Attorney Gertner: could also require them to make arrangements to be heard by the BOA by January 30th, and if he is not, he will have to pay for a special meeting; Councilman Corbally: asked what happens if Mr. LaManna books weddings for May and June and has not yet been heard; Attorney Gertner: he is assuming the risk – like any board approval, it is subject to 46 days after memorialization, during which time anyone can argue that it be reversed – doesn’t want to be in a position of advocating this because it is extraordinary – there is a balancing that must be done; Councilman Gordon: suggested short-terming this - this was agreed to based on the extraordinary circumstances, the impact on other businesses and what he could pick up – not to carry additional profit makers for him into the future – the impetus is on him to take care of things accordingly – offering him this opportunity in the Holiday spirit and helping those who are in dire need; Mayor Barrella: assuming reorganization is January 5th, the next Council Meeting would be January 22nd – suggested granting this through the weekend prior and he can come back on the 22nd; Councilwoman Tooker: this was vetted at the BOA – shouldn’t be booking weddings into the spring, thinking the BOA will change its decision; Councilman Gordon: they changed their mind when they opened the top floor; Councilman Reid: doesn’t want them coming back; Mayor Barrella: whatever Council does, they are doing Mr. LaManna a favor; Councilman Gordon: suggested terminating on January 7th).
Motion by Councilman Gordon, to adopt Memorandum of Understanding with Lamannasquan, t/a 709, with an end date of January 7th, striking paragraph 4 of the proposal and renumbering the balance of the paragraphs accordingly, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally and Reid….YEA

Motion by Councilman Mayer, to adopt RESOLUTION 8 (Emergency Appropriation of $803,000), was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally and Reid….YEA


Al Varosi, PPB: asked who writes land use definitions, such as building height (Attorney Gertner: it goes on a Council agenda for first reading, is then sent to the Planning Board for comment and approval – depending upon what happens there, it comes back for second reading to become an ordinance) would like to see the building height adjusted for flood elevation.

Mayor Barrella: appointed Jack Pasola to the Planning Board


Upon motion by Councilman Gordon, meeting was adjourned at 10:10 PM by consent of Council.

TRANSCRIBED BY: Eileen Farrell, Deputy Clerk

ATTEST: Maryann Ellsworth, Municipal Clerk

Published January23, 2013 | Council Minutes | 1504

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