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December 18, 2012

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36 PM. Deputy Clerk referenced Section 8 of the Open Public Meetings Act and announced Closed Session items to be addressed. Per Attorney Gertner, closed session vote will serve as roll call.
Motion by Councilman Mayer to enter closed session to discuss potential litigation, ongoing litigation, contractual, personnel and negotiation matters was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer and Reid….YEA
Council Members Corbally and Lurie….ABSENT

Closed Session began at 6:35 PM and ended at 7:12 PM.

Mayor Barrella called the regular meeting to order at 7:16 PM. Present were Council Members Tooker, Gordon, Lurie and Reid. Councilman Mayer arrived at 7:18 PM. Councilman Corbally was absent. A moment of silence was observed for the children of Newtown, CT. The Deputy Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mayer to approve the minutes of the November 9, 2012 Council Meeting, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA

Engineer Savacool: moving forward with Boardwalk reconstruction/repair plans – met with FEMA project specialists – agreed on what was needed – will follow up to provide them background information – after Hurricane Irene, Albert Marine was contracted for Boardwalk work from Trenton Avenue north – EMA agrees that it would be beneficial to keep them for the extension – Albert Marine is confident they will finish by Easter – Broadway and north, Broadway and south, and roller coaster to aquarium will be bid under a single contract – Forman Avenue to New Jersey Avenue will be repaired and enhanced – discussed the plaza area with FEMA – can maintain in a serviceable condition through this season and then bid for full or partial reconstruction to begin in November (Mayor Barrella: asked about getting Surf Taco building up and running) must first remove sand and equipment from inside, and sand from underneath, and see if the floor joists are structurally sound – then, they can be back in business by summer season (Councilman Gordon: asked if Borough is moving forward with Trex and if pieces that broke off, but are otherwise intact, are available for reuse to drive down costs) not cost effective for contractor, who bids under prevailing wage, to put forth the labor to take them apart (Councilman Gordon: asked if Borough can preserve them; Councilman Lurie: can be stockpiled in DPW for repair – asked about Albert Marine's costs) lumber prices are going up – Albert Marine indicated they would hold their lumber prices – plans are substantially done – if authorized tonight, should go to bid by end of this week or next (Mayor Barrella: asked that authorization for Borough Engineer to go out to bid as expeditiously as possible, be added to the agenda, consistent with what Council has heard here tonight; Attorney Gertner; change order with Albert Marine must consistently mirror the commencement and completions dates in the bid specifications; Councilman Mayer: asked how to get Surf Taco cleaned and secured; Administrator Riehl: sent out letters today for right-of-entry onto private property – once owners sign off, would like contractor who is removing debris and sand from the parking lot to clean, sift and return sand that was previously dumped on the beach without cleaning – subject to reimbursement per FEMA – would also like contractor to address the removal of existing Boardwalk, so work can begin when bid is awarded, and to address the Surf Taco building – with their heavy equipment, can probably clear it out quickly; Councilman Mayer: asked about Little League field, Pleasure Park and Inlet; Administrator Riehl: First Aid did a dive and recovered and returned quite a few concrete stops from the Inlet, which were found on Gull Island) met with OEM Coordinator Grace, who formulated a plan on what has to be addressed, including potential damage underneath the debris in Silver Lake lot, the bulkhead, the Inlet lot, the comfort station (for which mitigation funds are probably available, but which will have to be raised), light posts, benches, and sidewalks which were destroyed by fallen trees; Administrator Riehl: consultant has been helpful – meeting again tomorrow morning; Mayor Barrella: asked for Little League field plan by January; Administrator Riehl: parking boxes are on order – previously ordered 6 to replace the Metric ones that weren’t working – should all be up and running by March 1st; Councilman Mayer: need to focus on Gull Island bulkhead; Administrator Riehl: sent correspondence to the Army Corps of Engineers, County Engineer, and Congressman Smith – appealed to them to get together with Point Pleasant Packing, who came forward with the problem) spoke with DEP’s Ben Kaiser, and Stockton’s Stewart Farrell, who is providing data to the Army Corps, who are responsible for overall maintenance (Mayor Barrella: should let Congressman Smith’s office deal with the County, since it is on County property; Councilman Gordon: have an opportunity to design the parking area to be more efficient and user-friendly, with more benches along the waterway; Councilman Lurie: should consider leasing port-o-john trailers to buy time) temporary facilities are fundable through FEMA – mitigation money is also available post-storm [Councilwoman Tooker: asked who is attending the flood elevation meeting (Engineer Savacool) and who will address NJEIT paperwork (not applicable); Councilman Mayer: asked about the windmill (it’s damaged and going through insurance) and the Waffles ‘n More building; Attorney Gertner: from a budgetary perspective and an action plan, it’s a question of how aggressive Council will be about taking control of these buildings; Councilman Mayer: should be aggressive – most important topic is getting what we have back in shape quickly] in the new year, Council must consider whether to adopt ABFE as the regulated flood elevation – FEMA is going to strongly suggest that municipalities adopt ABFE as their regulatory-based flood elevation, in advance of next year’s new maps, to assure that individuals reconstruct above what will be the new base flood elevation (Councilman Mayer: it is worded as an option – asked if there really is a choice) PPB participates in the Community Rating System – get points for higher level of compliance or ordinance requirement by adopting ABFE – if someone doesn’t elevate above future base elevation, their flood premiums will escalate because of the risk – all flood elevation subsidies are going away (Councilman Gordon: citizens who comply with our ordinance will be hurt if Council doesn’t adopt the ABFE and FEMA increases the standard next year) FEMA came out with the ABFE now, because they don’t want people to rebuild to outdated maps – base elevation on the new maps could be lower than ABFE, but will not be higher – those who build to ABFE are guaranteed to be in compliance with the new map (Councilwoman Tooker: received requests from people who want to buy Boardwalk planks – asked about pursuing it; Mayor Barrella: a bit late; Councilman Mayer: would be interested; Councilman Gordon: instructed Administrator Riehl to have DPW Superintendent gather the scattered Trex and store it in DPW space) recommended using air cleaner to clean the screw holes to separate them (Councilman Mayer: asked about reimbursement from Hurricane Irene for that section) no indication that we won't be reimbursed for the damage from Irene or Sandy – has spoken to a gentleman at the State Police who handles Emergency Management – will correspond with him to handle the reimbursement [Mayor Barrella: asked Engineer Savacool if he is confident we will be open from the Inlet to Surf Taco by Memorial Day (yes) - moved to agenda for approval).

Mayor Barrella: he and Administrator Riehl met twice, last week, with Anthony, Frank and Pat Storino – continuation of discussion with Mr. McGlynn and Vincent Storino – reached an agreement that Jenkinsons will dismiss its parking lawsuit, parking plan will be tweaked with sections of District 4 possibly excluded and sections of District 3 possibly included – will not support anything beyond what is necessary for public safety and quality of life - free parking in municipal lot will continue 11PM-6AM - Mayor and Council will support repeal of 12AM bar closing - Jenkinsons will dismiss bar closing litigation and will reimburse PPB up to $1M over a 20-year period for Boardwalk repairs not covered by FEMA or state aid - will support parking restrictions beginning at 12:30 AM rather than midnight to lessen the impact on families and the rides.
Attorney McGlynn, representing Jenkinsons and the Storino family: Storino family recognizes Sandy's damaging effect on citizens and the community – many homes were devastated – will face tax appeal issues – Storinos purchased Jenkinsons in 1976 – they are part of this community – they understand that, in the minds of Mayor and Council and the citizens, the parking plan worked – don’t want to disturb that – bar ordinance not only affects Jenkinson’s, but other PPB business taxpayers, who have been devastated by it, so overall, this will help – had a pact not to mention this to anyone – his co-council is not aware of their stance on negotiations – joint effort by Mayor and Council and Jenkinsons to wipe the slate clean, move forward in some type of partnership and not be contentious – he has, personally, lived here from 1974 through 2006 - started his career here, and has a great fondness for the community - has represented the community, Jenkinsons and the Storinos, themselves, for about 20 years – happy to put this behind them – will need Council on board, putting together the agreement, but the concepts are there – no one is trying to put a “gotcha” in there.
Mayor Barrella: process began a couple of days after Sandy with an e-mail from Mr. McGlynn – thanked Anthony Storino for getting back to him and Administrator Riehl for her levelheadedness – thanked the Storino family – there are some other things that must be dealt with – hoping this leads to a public-private partnership – agreement is solely with Ocean Dunes and Jenkinsons – met with the Bassinders, the day after Thanksgiving – hopes they will get on board, but they currently are not –repeal of the bar closing ordinance will be on the agenda in January (Mr. McGlynn: has had no discussions with the Bassinders, nor with his co-counsel – hopes to reach a resolution).
Motion by Councilman Mayer to agree to settlement of parking and ABC litigation, consistent with what was outlined by Mayor Barrella and confirmed by Mr. McGlynn, to memorialize it and take actions in connection thereto, and to accept Jenkinsons financial requisition, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA

Chip Eibel, President, 35-year member, and twice Chief of Ocean Fire Co #1: firehouse sustained 3.5-4 feet of water – damages are @ $100K – FEMA is taking care of fire apparatus, breathing air compressor, gear – also lost heating system, sheet rock, kitchen – asked if PPB could loan them $50K and the Fire Company would reimburse the town upon receipt of FEMA money (Mayor Barrella: asked Administrator Riehl if there are impediments to doing this; Administrator Riehl: could do a temporary capital budget for 2013 at the Reorganization meeting; Councilman Mayer: agreed) they don’t have their own flood insurance – buildings fall under the municipality – had just expended most of their money to install a solar system, which survived the storm (Mayor Barrella: there is no need for a vote, he will put it on the agenda).
Motion by Councilman Reid to add a temporary capital budget of $50K to the Reorganization meeting agenda was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie, Reid….YEA

Councilman Mayer: Manasquan Savings Bank did a positive thing for PPB by buying a $3,153,000 emergency note – all emergency appropriations to-date – they offered a percentage rate of 0.70%, subject to pre-payment, which is unusual in that market – thanked them for being helpful, cooperative, kind, neighborly and professional.

Mayor Barrella: spoke about the Beach Haven Resolution – doesn’t affect PPB – spoke with sponsor, Senator Doherty – this is not the legislation they discussed – he was talking about banning beach fees and giving towns a percentage of sales tax revenue – Senator Doherty responded that legislation will be introduced shortly – if it goes through, all of NJ will be PPB (towns with beaches but no beach revenue) could have adverse impact on our businesses because they will then be private entities charging to get on the beach, when all the other NJ beaches are free – oppose it - not good, from a private enterprise standpoint (Councilman Mayer: Council should oppose it – would be devastating to towns whose budgets are supported by beach revenues; Councilman Reid: this bill will not see the light of day – wouldn’t worry about anything Senator Dougherty puts out; Mayor Barrella: but Senator Sweeney is a co-sponsor; all agreed to hold).

COMMITTEE REPORTS:

Councilman Reid: thanked Chief, on behalf of parents and children, for putting officers at the schools – years ago, had a School Resource Officer at each school – need to look into this – believes there are Federal dollars available – must sit with the Board of Education – asked that a letter be sent in support of a grant for this (Councilman Gordon: money is no longer available for this program – past Council voted not to continue with it – supports the program, in light of recent circumstances – important to have police presence in schools – gives children a sense of comfort and they get to know their local police as well – Council has obligation to find the means to re-implement this program; Mayor Barrella: it’s a good thing, but it’s a commitment to expand the size of our police department because, when grants run out after the officer's first year, you have a new full-time officer – DCA said we should have 24 full-time officers – may be a good reason to add another – asked Councilman Reid to investigate.

Councilman Lurie: this is his last meeting – thanked people of PPB for opportunity to serve – wished Council luck in rebuilding the town – wished Councilman-elect Cortes luck in his term – thanked the people in Borough Hall for their help over the years, especially Diane Scavone, Maryann Ellsworth and Chris Riehl – PPB is lucky to have them – wished Mayor Barrella good luck, in time of need, in trying to bring the town back together and stop further dividing it – offered help if needed.
Motion by Councilman Lurie, to approve payment of 14 vacation days to the Administrator, based upon her total salary, was seconded by Councilman Reid (Mayor Barrella directed that this be put on a Consent resolution, so the public has a chance to comment).

Councilman Mayer: has suspended Finance Committee meetings since Sandy –thanked Administrator Riehl for all she is doing, grace under pressure – must focus on reconstruction to get the town to where we were – a lot to do; thanked Councilman Lurie, who has been invaluable for his Council experience and engineering knowledge – hopes to keep using him as an asset (Councilman Lurie: absolutely).

Councilman Gordon: reported on police activity over the last 2 weeks – 9 arrests for criminal offenses or outstanding warrants – Chief asked him to put the word out to businesses that shoplifting is more prevalent at this time of year – should be extra cautious and call police if something is observed – police also responded to 4 residential burglary complaints and 11 theft complaints – there were also 11 first aid calls and 7 fire calls; appreciates Councilman Reid addressing the issue of the School Resource Officer; wished Councilman Lurie the best of luck – appreciates all he has done for the town.

Councilwoman Tooker: School Resource Officer would be great – hopes to get funding; need fully-staffed department – have been understaffed for years – ridiculous that PPB is not adhering to the DCA report – School Resource Officers are valuable because they know the kids, what’s going on, and provide safety – good to get them started at Antrim – thanked officers for being around school all week; proud that 100% of PPB HS Juniors passed the HESPA in math and reading; wished Councilman Lurie luck; offered kudos to Mayor Barrella, Jenkinsons and Mr. McGlynn – would be wonderful to get along and work for the best PPB possible – encouraged Bassinders to get on board – thanked Administrator Riehl – Mayor Barrella has always supported tourism, but hasn’t always been the smoothest path – wonderful that they hashed out an agreement all can be happy with; wished all Happy Holidays.

Mayor Barrella: article in November issue of “NJLM Magazine” is about a program called Shop Marlboro, which allows business entities to offer taxpayer discounts, which are credited to their property tax bills at the end of the year – encourages property owners to shop locally – doesn’t cost the municipality anything – asked Administrator Riehl to e-mail it to Council; wished all a Merry Christmas and Happy New Year; wished Councilman Lurie luck in his future endeavors and thanked him for his years on Council; thanked Administrator Riehl for always attending meetings after work hours.

Administrator Riehl: no report – wished Councilman Lurie the best of luck and everyone Happy Holidays.

Deputy Clerk Farrell added 3 items to Consent Resolution 2.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of
Ordinances and Resolutions) OPENED AT 8:25 PM

Tom Highton, Point Pleasant Beach (PPB): thanked Councilman Lurie for his service; asked about putting steps at north end of Boardwalk for fishing – now is the perfect time (Engineer Savacool: any change to footprint requires CAFRA permit – could build within existing footprint; Mayor Barrella: instructed Engineer Savacool to look into it; Councilman Gordon: must formulate the easiest public access to the Jetty; Councilman Lurie: must be approved by Congress – it's Federal open space – asked Councilman Reid to follow up) need sand dunes and beach replenishment – the future is more storms – Belmar is putting in steel fencing and building the dunes around them – Bay Head residents put stones in front of their houses – will see a tax increase this year – will be in trouble with no long-range plans – doesn't see enough action from Government – need at least a study; in light of the Newtown tragedy, suggested hiring retired police officers to work in the schools – been done where he worked and is very effective – need real discussion of making schools safer (Mayor Barrella: asked Engineer Savacool what T&M is doing in terms of dune studies; Engineer Savacool: they defer to State or Federal Government – there’s always the issue of private property rights; Councilman Gordon: asked if acceptance of FEMA dollars is contingent upon actions Council should take to mitigate further damage; Mayor Barrella: FEMA could require this, but doesn’t; agreed with Engineer Savacool that guidance is required at the local level from the Federal Government or State – prior to the storm, the Governor was prepared to support cutting down the Atlantic City dunes – thankfully, they weren’t cut and they saved Atlantic City; Councilwoman Tooker: Environmental Commission has asked Council to send something in support of dunes to the State – agreed that we would; Attorney Gertner: suggested, as a first step, asking for guidance to start the discussion, so there is a focus to what is being asked for; Councilman Mayer: should start with our own property on Delaware and Maryland Avenues, at which properties were devastated; Councilwoman Tooker: suggested a committee consisting of Council members, zoning and planning representatives and Engineer Savacool to look at some of these things after the new year – suggested reopening Delaware Avenue for access – a shame the dunes on Delaware and Maryland didn’t work, because a lot of time is spent on them every year).
Kitty Stillufsen, PPB: suggested hiring a commissioned Professional Fundraiser (Attorney Gertner: better to do through Community Endowment Fund – it's a not-for-profit and set-up to take donations – has a separate funding source – reminded people that they can donate to this fund – could provide seed money for a Grant Writer to seek further donations) agreed – this is all set up – as is PayPal on the Borough web site – all is in place, except for marketing and follow-through – doesn’t see a downside to a paid position; thanked Councilman Lurie for an excellent job.
Dave Cavagnaro, PPB: asked why resolution to waive construction fees for residents affected by FEMA was pulled from agenda (Administrator Riehl: was put on in error – not the expressed intent of anyone to be on, so it was removed) asked if it is something Council would consider – other towns have done it (Administrator Riehl: would not support the waiver – incurring a great amount of personnel cost – have taken on $65K of additional staffing in the Assessing department and have appropriated an additional $35K in the Code department – could use permit fees to cover some costs) asked if storm-necessitated improvements can be waived from future assessments (Councilman Mayer: don’t have the power to do that – Assessor has independent authority; Attorney Gertner: this is why the Tax Assessor is a tenured position – they are independent for a reason – there is not much Council can do); asked about item 1/u – doesn’t question one’s right to change his vote – but this shouldn’t be a memorialization, as a public vote was already taken (Attorney Gertner: in this particular circumstance, the Mayor, under his executive authorities, allowed certain steps to take place - in order to authorize the Mayor’s actions and give the potential to change the vote, it’s memorializing those actions and the change in the vote, presumably, because the vote hasn’t occurred yet; Mayor Barrella: the permission was in light of the Council’s changing position and, that being made known to him, he exercised his authority to contact Martell’s and tell them of the change, and if they wished to use the parking lot, they could) takes issue, not with the particular vote, but the procedure (Attorney: like the Board of Adjustment (BOA) resolution, each case is on its merit – there is no precedent; Mayor Barrella: if the Council were unable to act as a body to reflect that changed position in a timely manner, in order to allow the action to occur, that change would be a moot point); questioned the approval at the last Council meeting to memorialize the Memorandum of Understanding with Lamanasquan, contingent upon their application to the BOA by the following Friday – as of today, nothing has been filed with the BOA (Attorney Gertner: if they didn’t follow through with Council’s resolution, the resolution died by its terms); thanked Councilman Lurie for his service and wished him well; wished Council a Merry Christmas (Mayor Barrella: thanked him for the cookies).
Ben Dispoto, PPB: thanked Councilman Lurie for his two stints of service – contributed a lot; thanked Mayor and Council, administrators, police force and fire people for extraordinary amount of work the past couple of months – all have gone way above; asked what defines the Boardwalk plaza area (Mayor Barrella: in terms of reconstruction/repair, it is from the aquarium, south to District 2 police station at Arnold Avenue – will be bid for November start date); likes Councilman Gordon’s idea of saving Trex – its expensive and in short supply; asked if Boardwalk benches will be preserved (Administrator Riehl: intends to relocate them to north end of the railroad lot, or elsewhere, until Boardwalk is completed; asked about the tax appeal process for those whose houses were not heavily damaged, but whose valuations have changed (Mayor Barrella, Attorney Gertner and Councilman Lurie explained the process).
Al Varosi, PPB: would like an alternate Boardwalk design put forth – suggested installing 9 yards of sloping rock, instead of pilings and stringers, a re-curved concrete wall to direct wave energy, and a concrete wearing surface on the end to diminish maintenance problems (Councilman Gordon: asked if there is precedence for this design anywhere, where it survived the storm) Bay Head’s wall was washed out, but the homes behind it were preserved – may be FEMA grants to provide for this (Engineer Savacool: greatest concern on a 16’ wide Boardwalk is having a revetment deep enough to withstand scower – not sure it would fit in that area – doesn’t know the cost of the boulders – could potentially be funded as a mitigation project – no chance of being done by Memorial Day) suggesting putting something out to bid next year – believes Albert Marine installed Bay Head’s wall (Mayor Barrella: need Federal guidance – FEMA could mandate this; Attorney Gertner: have utilized the good auspices of the Borough Engineer and have hired an expert, the Berger Group – the more alternatives you give to the Engineer to muddle through, the more you muddy the waters and lose focus – priority is to rebuild the Boardwalk, in as safe and secure a manner as possible, and to maximize reimbursement – also, from a marketing perspective, for both residential and commercial ventures, need to get it out there that you have the licensing and the project, and the perception to the public – unless FEMA does what Mr. Varosi suggests, Council should stay focused; Mayor Barrella: suggested Engineer Savacool review, if this is something that could be incorporated on a relatively simple basis, within the confines of what’s been discussed; Councilman Mayer: asked if Boardwalk would have to be raised to do this) not really (Councilman Mayer: years ago, Seaside Park built a bulkhead on the east side of the Boardwalk, and then it duned, and that saved their Boardwalk – but, talking about building a bulkhead on private property, for the most part) could drive a steel sheet pile down on the east right-of-way of the Boardwalk (Mayor Barrella: protecting the town and the Boardwalk, which in some areas protected the town, is an issue that involves private property – that’s why State and Federal guidance is needed; Councilman Lurie: need Boardwalk open by Memorial Day – to incorporate Mr. Varosi’s ideas would take years – could work on something long-range, but now, we are getting funding to replace the Boardwalk in kind – town revenue is based on having a Boardwalk – without it, the tax increase could be tremendous; Mayor Barrella: has made this commitment – need to see the Boardwalk open, although he believes people would come even without it – best for PPB to know that Council is committed to getting PPB as close to normal, as quickly as possible – need a plan to protect the town from future events; Attorney Gertner: mitigation plan should be a second phase).
Mickey Diaz, PPB: asked if it is a certainty that someone will be able to clear out the Surf Taco building to assess the problem (Administrator Riehl: yes) there has been a movement to get volunteers, and there is a $600 stipend available to hire folks to assist – asked if there would be insurance issues with that (Councilman Mayer: should let the professionals do it) if done correctly, can possibly remove scower from underneath and the building will settle (Attorney Gertner: it’s the Borough’s building and responsibility – professionals should do it – once building is settled, can remobilize the volunteers; Councilman Gordon: asked Administrator Riehl when that project would begin; Administrator Riehl: cant’ give a start date, but anticipate completion by end of December, through AshBritt).
Vince Castin, PPB: recited his annual PPB version of “Twas the Night before Christmas.”

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) CLOSED AT 9:19 PM

Councilwoman Tooker: asked about the Maryland Avenue Beach lease – asked if Recreation added days (Administrator Riehl: lessor is not opposed to it – there was lack of notification in other years – they are willing to work with us) questioned the lease fee (Attorney Gertner: as part of the movement to reinvigorate PPB, must market that this is the Borough’s only beach – this will make it more valuable, will help competition, and increase the bid in 2 years).
Councilman Reid: asked about item 1/a and why the Reorganization meeting is on the 5th instead of the 1st (Mayor Barrella: the 5th is a Saturday – State statute says 7 days from January 1st – Councilman Corbally will not be back on January 1st – there is precedent – in 2008, Reorganization was on the 5th because Councilman Loughran was away; Councilman Gordon: assumed there would not be an issue and made plans for the 1st) Councilman-elect Cortes’ family will be here on the 1st but not the 5th – would have been nice for his family to be here (Mayor Barrella: was aware of that and the fact that Councilman Corbally would not be back by the 1st – had to weigh the two; Councilman Mayer: was also disappointed, as there has been a long precedent of January 1st Reorganization meetings; Mayor Barrella: had a conversation with Clerk Ellsworth about the 5th at the last Council meeting – should have asked then – can come in on the 1st and get sworn in).

Motion by Councilman Gordon, to adopt resolutions covering items listed below, was seconded by Councilwoman Tooker and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Establishment of date for Organization Meeting on January 5, 2013 at 1:00PM
b) REMOVED - DUPLICATE
c) REMOVED - DUPLICATE
d) P.O. to Fire & Safety Services, LTD to repair light bar damaged by “Sandy” ($3,450)
e) Payment to Denise Sweet from BOA Escrow Account ($200)
f) Payment to T&M Associates from Escrow Accounts ($5,344.68)
g) Payment to Galvin Law Firm from Planning Board Escrow Accounts ($1,620.02)
h) Payment to RIO Supply for water/sewer equipment ($14,088)
i) Payment of credit card charges for 2012 ($40,047.27)
j) Payment to Motorola for fire and police equipment, including that damaged in “Sandy” ($171,683.44)
k) Payment to Brick Utilities for November bulk water usage ($74,055.03)
l) Payment to Winner Ford for Fire Co SUV ($34,784)
m) Payment to Hutchinson Plumbing for heating parts and repairs at Borough Hall ($2,651.19)
n) Payment to Pedroni Fuel Company for diesel fuel ($9,795.33)
o) Payment to Point Bay Fuel for gasoline ($4,028.56)
p) Payment to Caruso Excavating for “Sandy” recovery/restoration work ($55,520)
q) Payment to Brick Cardiovascular for police recruit stress tests ($5,500)
r) Refund dumpster bond to Energy Development - 314 Washington Ave ($250)
s) Authorize Mayor to execute 2013 Municipal Alliance Grant agreement
t) REMOVED
u) Memorialize approval for Martells to use New Jersey Ave. Municipal Lot
v) Approval of Payroll #25 ($245,679.95)
w) P O to Plainfield Consultation Center for police recruit psych screenings ($4,875)
x) Approval of membership in Fire Dept (1)
y) Award contract for lease of Maryland Ave Beach to Aqua Serve
z) Payment to Waste Management for “Sandy” clean up ($159,019.94)
CONSENT RESOLUTION 2:
a) HELD for separate consideration [P.O. to NJ Business Systems for Police security camera system ($75,347.75)]
b) Change Order to Down To Earth Landscaping for ball field rehabilitation ($4,626.50)
c) P O to Thomas Robertson & Co to refurbish Welcome Sign ($6,050)
d) P O to Layne for water/sewer valve replacement ($4,687)
e) P O to Eppy’s Tool & Equipment for DPW vehicle maintenance equipment ($4,898.95)
f) P O to F&C Auto Supply for DPW vehicle parts and supplies ($3,274.32)
g) Payment to Mid-Atlantic Truck Centre for roll off truck for “Sandy” debris removal ($176,978)
h) Change Order to Albert Marine for extension of Boardwalk reconstruction ($225,000)
i) Appointment of Doug Applegate and Robert Torrence to serve in the absence of the Construction Official
j) Appointment of Michael Vecchio and Sal Massaro to assist in Building Dept post “Sandy” inspections
k) Approval of Schedule C Agreement with County
l) Approval of computer-generated vouchers ($714,518.12)
m) Water/Sewer bill adjustment (1)
n) Transfer of funds between 2012 Budget accounts ($17,700)
o) Authorization for Borough Engineer to go out to bid for Boardwalk repair and reconstruction
p) Authorization to accept MOU outlined by Mayor Barrella and Mr. McGlynn, including the financial obligations, and authorize the memorialization of those terms
q) Approve payment to Borough Ad Sal Massaro, Farmingdale – NJ ministrator for 9 unused vacation days
CONSENT RESOLUTION 3:
a) Award of contract to Caruso Excavating for drainage repairs between Rte 35S
and Maryland Ave ($58,850)
b) Authorization for Borough Engineer to request extension of DEP Temporary Debris Management Area approval from 12/31/12 to 01/31/13
VOTE: Council Members Tooker, Gordon, Mayer, Lurie (except 1/u), Reid….YEA
Councilman Lurie (Item 1/u only)….Abstain

Motion by Councilman Gordon, to adopt RESOLUTION 4 (P O to NJ Business Systems for Police security camera system - $75,347.75), was seconded by Councilman Lurie and carried by roll call vote.
Councilman Mayer: met with representatives of NJ Business Systems, along with Councilmen Gordon and Corbally, Administrator Riehl, Chief O’Hara, Lieutenants Dikun and Michigan and Sergeant Quaglia on October 4th – wireless camera system provides antennas on top of District 2 and the water tower, new cameras in the council chambers and hallway, and several outside Borough Hall – camera outside District 2 police station can see from Arnold Avenue to the aquarium and south to Trenton Avenue – system is expandable (Chief O’Hara: provides private voice and data network also) our hardwire camera system is failing – concerned, because focus should be on reconstructing the town – have spent a lot of money and haven’t even gotten into capital needs yet – desirable project, but now isn’t the time for it – 2008 bond ordinance contains a $91K appropriation for security improvements to Borough buildings – that is Phase 1 of the security camera system – questioned that the bond’s 15-year useful life includes a camera system – should be 5, 7 or 10 years – this has been a 4-year project – keeps starting and stopping – Chief has put a lot of energy into it – not much Council involvement – there are 3 phases in the plan – Phase 3, the train station and DPW lot, should be done now – a camera at the station would be good, to see who is coming and going – have millions of dollars of assets at the DPW lot, so should have a camera there too – encouraged more Council involvement with police's capital plan going forward – always a need for police cars and vehicles – Chief has been doing a good job, but Council should have more say – suggested revisiting in January and amending the provisions of the bond ordinance, making it 2 phases instead of 3 – would like this done be next summer – would be helpful if Council committee looked into it – should do something that can stand alone now (Councilman Gordon: this plan has been in the works for years – remarkable for Councilman Mayer to come in at the last hour and second guess – need to trust our professionals and not put it in the hands of committees made up of Councilmen, who don’t know much about these systems – police professionals have designed this in conjunction with the design company – Councilman Mayer is good with numbers, but is throwing a monkey wrench into the works again; Chief O’Hara: a long process, lot of road blocks over the years – very knowledgeable people have worked on this – if Council waits until January to readdress it and redo the bond ordinance, it will not be completed by summer – this will get the infrastructure and Phase 1 in place, including Borough Hall and the Boardwalk – can move forward with the other phases in 2013) asked Chief O’Hara why he is asking for $75K (that’s the cost of Phase 1 – the whole project is too expensive to do at once; Councilman Gordon: sounds financially responsible to operate within a certain parameter).
VOTE: Council Members Tooker, Gordon, Lurie and Reid….YEA
Councilman Mayer….ABSTAIN

Mayor Barrella stepped out and 9:36 PM and returned at 9:39 PM.

Ordinance 2012-33 (Revisions to Noise Ordinance) was considered on second reading. Public hearing was opened and closed with no member of the public wishing to be heard. Attorney Gertner: explained changes, which were made on first reading.
Motion by Councilman Mayer, to close the public hearing and adopt Ordinance 2012-33, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie and Reid….YEA

Ordinance 2012-35 (Fleet Vehicle Parking) was considered on second reading. Public hearing was opened and closed with no member of the public wishing to be heard.
Motion by Councilman Lurie, to close the public hearing and adopt Ordinance 2012-35, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie and Reid….YEA

Ordinance 2012-36 (Water/Sewer rate increase) was considered on second reading. Public hearing was opened and closed with no member of the public wishing to be heard.
Motion by Councilman Gordon, to close the public hearing and adopt Ordinance 2012-36 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie and Reid….YEA

Ordinance 2012-37 (Housing Reconstruction) was considered on second reading.
Mayor Barrella opened the public hearing.
Kitty Stillufsen: this is to expedite the Board of Adjustment (BOA) process – her house is a multi–family in the MC Zone – for that reason alone, she must go before the BOA – asked Council to amend the ordinance, in the spirit of which it was intended, so that those who wish to raise their houses according to FEMA regulations, without changing their footprints, are able to do so, without going before the BOA (Attorney Gertner: this addresses residences which are permitted uses – impacts the most people – can be tweaked, moving forward – pointed out Planning Board’s recommendations, that stairs remain uncovered, so as not to create a porch or deck, and shall not be considered when calculating impervious or building coverage (Councilman Lurie: cannot amend tonight, as that would send the ordinance back to first reading; Councilman Gordon: could approve and amend it later; Mayor Barrella: can’t be introduced by one Council and approved by another) she is ready to move on a house lifter and has obtained a building permit – could have it done in 3 weeks, but the number of people who have been retaining this company has accelerated in the past week – earliest she can get to the BOA is February 5th – concerned, not only about the time, but the hassle (Mayor Barrella: if she is on for February 5th, she will be through the BOA before this gets amended) would like to see people avoid this whole process (Attorney Gertner: if it goes to the Planning Board, problem she might face is that, if Council starts making additional exceptions and referring them to the Planning Board, it opens the door for the Planning Board to have to consider whether or not her use should be included or not – but for the catastrophe, her wanting to rebuild is exactly why she should go to the BOA and not the Planning Board, because the Master Plan prohibits that use in that zone – currently, are in the timeframe to review the Master Plan; Engineer Savacool: if she wanted to replace her windows, she could get a building permit to do so – even though she is a pre-existing, non–conforming use, she has a right to maintain her property as is; Mayor Barrella: in order to make the raising of the house, in response to the storm, fit within the ordinance as drafted, you would have to articulate that the raising of the house constitutes normal maintenance – goal of the Master Plan is to eliminate the non-conformity, not make improvements to it; Attorney Gertner: maybe the way to handle this is, when the new maps come out, to say that, if you’re going to raise the house, in order to come into compliance with the new maps, it becomes a normal maintenance process – in speaking with the Planning Board, there was a concern not to expand the proposed ordinance beyond that which was presented to the Planning Board, because it would have too many comments and it wouldn’t come back; Mayor Barrella: there is nothing that can be done about it right now).
Motion by Councilman Lurie, to close public participation and adopt Ordinance 2012-37, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Lurie and Reid….YEA

Mayor Barrella: commented on the STEP program – sounds like the State, together with FEMA, is trying to help people get back into their houses – problem is that it turns towns into general contractors and we have gotten no guidance in the 11 days since the press release – not in a position to do anything with this because we don’t know what to do – been a week since he spoke to the DCA and hasn’t received an answer.

PUBLIC PARTICIPATION BEGAN AT 9:54 PM

Councilman-elect Andy Cortes, PPB: thanked Councilman Lurie for his dedicated service; looks forward to being on Council; understands why the Reorganization meeting will be on the 5th and that’s fine (Councilman Reid: forgot it was Councilman Lurie's last meeting – thanked him so much – Councilman Lurie took him under his wing last year, when he was a new Councilman, and he appreciated it – it’s not easy – hopefully he can help him too).

PUBLIC PARTICIPATION ENDED AT 9:57 PM

Upon motion by Councilman Gordon, with second by Councilman Mayer, the meeting was adjourned at 9:57 PM by consent of Council.


TRANSCRIBED BY: Eileen Farrell, Deputy Clerk

ATTEST: Maryann Ellsworth, Municipal Clerk


Published February09, 2013 | Council Minutes | 1519


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