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January 5, 2013

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 1:08 PM with Mayor Barrella and Council Members Tooker, Gordon, Mayer, Corbally and Reid present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Municipal Clerk Ellsworth administered the oath of office to Councilmen-Elect Cortes and Reid; Fire Chief Finn, Assistant Fire Chief Fox and Deputy Fire Chiefs Pasola and Demillio.

Councilman Cortes: thanked Republican Club for having confidence in him by placing him on the ballot for the second year in a row; thanked all voters who came out in adverse conditions and supported and put their faith in him; thanked his family and friends, Bailey who held the bible; honored and proud to be elected - town is my home and proud to serve it - hope to move forward in 2013 without unhealthy arguing - move to healthy debate and resolve some of the issues for the good of our residents and taxpayers.
Councilman Reid: wished all a Happy New Year; thanked the residents for voting for himself and Andy – humbled by those who travelled to Point Pleasant to vote in very difficult times; thanked his mother, in attendance, who was first sworn in as a Beach Councilwoman 25 years ago yesterday - thanked his mother-in-law, in attendance, who travelled from England – thanked his daughter, wife and brother, also in attendance; acknowledged former Mayors Pasola and Hennessy and Council Members Carey and Reid, all in attendance; congratulated all who were sworn in - the police and fire department members have all done an amazing job – appreciate their service; will all work together in the new year to make things happen for the betterment of this town.

Motion by Councilman Gordon, to appoint Councilwoman Tooker to the position of Council President, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Motion by Councilman Corbally, to appoint Councilwoman Tooker as Class III Planning Board Member, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 1:22 PM AND
WAS CLOSED AT 1:23 PM WITH NO MEMBER OF
THE PUBLIC WISHING TO BE HEARD.

Engineer Savacool: two items on the consent agenda regarding Boardwalk reconstruction - while finalizing new bid plans was contacted by boardwalk property owner to view a section of Boardwalk in regards to storm damage - no storm damage, but while crawling around under Boardwalk, it became apparent that section needed to be addressed – requesting that it be added as an alternate bid to the plans being bid on January 16th (Councilman Gordon: asked if there is a strong likelihood for damage in areas he had not inspected and if those areas should be inspected) working with DPW Director to gain access to inspect under the Boardwalk in the ‘Plaza’ area – the vast majority of the rest of the Boardwalk has been evaluated – portion, in question, was not displaced during the storm, did not appear damaged but once inspected underneath, was found that some of the structural members were in poor condition (Mayor Barrella: moving quickly because Engineer Savacool felt this area was a real risk for this summer; Councilman Gordon: asked again about the danger in areas not evaluated) Plaza area was overhauled in 1991 and do not expect the same degree of deterioration as evidenced in the section being added – also going to evaluate the Central Avenue section, take any measures needed for the upcoming season and then look to include that with the ‘Plaza’ section for next year (Councilman Reid: asked about the timeline) bids will be opened on January 16th with an anticipated award date of January 22nd – broken into two contracts with the southern section to be completed within 90 days and the northern section within 120 days, which puts total completion just prior to Memorial Day (Councilman Cortes: asked where the new section was located) just south of Vetrini Lane; updated some things in the new design and wanted to update that already bid on Trenton Avenue to the new specifications, which includes stainless steel ties and bolt down detail to provide additional strength [Councilman Gordon: asked if DPW had been able to collect the Trex material which was mentioned at the last meeting; BA/CFO Riehl: Ashbritt is collecting Boardwalk material and piling in the Silver Lake Lot; Councilman Mayer: asked if CFO was comfortable with change order (yes)].

Mayor Barrella: other appointments, not listed below, will be done on January 22nd - until then, they hold over and continue to function.
Motion by Councilman Corbally, to appoint the following individuals to provide the designated professional services, was seconded by Councilman Reid and carried by roll call vote.
a) Borough Attorney – Sean Gertner, Esq. (Gertner Mandel & Peslak)
b) Special Counsel for Ocean County JIF Liability Cases – Sean Gertner, Esq.
(Gertner, Mandel & Peslak)
c) Borough Physician - Meridian Occupational Health
d) Police Psychologist - Plainfield Consultation Center
e) Auditor - Warren Korecky (Suplee, Clooney & Company)
f) Special Projects Attorneys – Sinn, Fitzsimmons, Cantoli, Bogan & West; Starkey,
Kelly, Kenneally, Cunningham & Turnbach; Hiering, Gannon & McKenna
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA
Attorney Gertner: thanked Council for their continued support – looks forward to working with Councilman Cortes – appreciated the condolences received from members of the pubic on recent death in his family – hi-lights what a close-knit community this is.

Councilman Reid: asked that standing committees be voted on separately with changes as follows – Councilman Mayer would remain as Chair of the Finance Committee with himself as chair of the Water/Sewer Utility Committee – town will be faced with some difficult financial challenges – many residents are still dealing with problems created by Hurricane “Sandy” as well as the bad economy – Hurricane “Sandy” has also created some unforeseen problems for the Municipal Budget – recognize that Councilman Mayer, who served as the Finance Committee Chair last year, has more experience than myself and it would best for the town for him to continue to serve in that position, especially since it is something he wants to do – will be happy to serve on the Finance Committee but would serve the town’s best interests for Councilman Mayer to continue as Chairman.
Motion by Councilman Corbally, to adopt resolutions listed below, was seconded by Councilman Gordon and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Approval of Temporary Budget for 2013
b) REMOVED for separate consideration below
c) Establish Meeting Dates for 2013
d) Establish Interest to be charged on delinquent taxes and water-sewer utility bills
e) Establish 6% penalty for Tax Delinquencies over $10,000.00
f) Authorize Council to administer ABC licenses & enforce state statutes
g) Appoint Tax Assessor to act as agent on Tax Appeals and Execute Settlements
h) Designation of newspapers to be used for legal ads during 2013
i) Designation of depositories for municipal funds during 2013
j) Appointment of Christine Riehl as Tax Search Officer for 2013
k) Appointment of Maryann Ellsworth as Assessment Search Officer for 2013
l) Appointment of Kathryn Beno as Deputy Finance Officer for 2013
m) Appointment of Eileen Farrell as Deputy Municipal Clerk for 2013
n) Appointment of John Trout as Certified Principal Public Works Manager for 2013
o) Appoint Kathryn Beno as Qualified Purchasing Agent & increase 2013 bid threshold
p) Approval of Application for Safe & Secure Communities Program for 2013 and appointment of Sgt. Ippolito as grant coordinator
q) Appointment of Eileen Farrell as Deputy Registrar for 2013
r) Appointment of Alternate Deputy Registrars for 2013
s) Appoint Clinton Daniel as Deputy Emergency Mgt Coordinator for 2013
t) Appoint Kyle Grace as Deputy Emergency Mgt Coordinator for Operations for 2013
u) Appointment of Municipal Representative (Christine Riehl) to Ocean County Community Development Block Grant Committee for 2013
v) Appointment of Christine Riehl as Public Agency Compliance Officer for 2013
w) Appoint Councilmen Gordon and Mayer to act as council liaisons to the Point Pleasant Beach Board of Education
x) Appoint Councilman Corbally to act as council liaison to the Chamber of Commerce
y) Appointment of Class I and Class II Special Police Officers for 2013
z) Appointment of School Crossing Guards, Police Matrons, Parking Enforcement Officers and P/T Data Entry Clerk & P/T Communications Operators for 2013
CONSENT RESOLUTION 2:
a) Set fees for special DWI sessions
b) Re-establishment of Petty Cash Funds for 2013
c) Designation of CFO to act as Governing Body Secretary during Budget Workshop sessions
d) Establish $10 late fee for late payment of dog license fees
e) Establish annual Halloween curfew
f) Approval of exemption from municipal portion of dog/cat license fees for volunteer fire/first aid personnel
g) Approval of exemption for one bulk pick-up fee per annum for volunteer fire/first aid personnel
h) Approval of exemption from water shut-off/turn-on fees for volunteer fire/first aid personnel
i) Set mileage reimbursement rate for 2013
j) Payment of annual lease fee to State of NJ for Rickover Park and open space at junction of Routes 35 and 88
k) Set clerk stipend for special Board of Adjustment meetings
l) Appointment of Christine Riehl as PERMA Fund Commissioner
m) Appointment of Christine Riehl as Insurance Fund Commissioner and Maryann Ellsworth as Insurance Fund Deputy Commissioner and Personnel Administrator
n) Appointment of Maryann Ellsworth as NJ Civil Service System Administrator
o) Appointment of Karen Mills as Board of Health Officer
p) Re-establish OPRA copy and administrative fees for 2013
q) Designate Fire Chief to sign documents and act as liaison for Firefighter Certification
r) Re-establish Condo Conversion Fee Schedule for 2013
s) Re-establish property tax exemption policy for disabled veterans
t) Re-authorization for CFO to issue hand written checks prior to Governing Body approval
u) Appointment of Karen Mills as Dog Warden for 2013
v) Re-establish Parking Machine Refund Policy RE: No Refunds
w) Establish Recreation Basketball Program salaries
x) Appointment of Peter Ritchings as Dune Inspector for 2013
y) Designation of records custodians for each department
z) Re-establish part-time personnel and/or salaries
CONSENT RESOLUTION 3:
a) Increase the reimbursement rate to 90% for expenses incurred to “Restore the Shore”
b) Establish 2013 Police Salaries in accordance with PBA contract
c) Establish notary fee at $2.50/document
d) Re-establish miscellaneous water/sewer rates
e) Authorization for Mayor and CFO to act as signatories on Borough accounts
f) Establish annual League of Municipalities policy
g) Approval of Payroll #26 ($220,070.12) and adjustments to Payroll #26 ($12,844.10)
h) Payment to State Health Benefits for employee health benefits ($110,223.20)
i) Authorize First Aid Squad to utilize several spots in Municipal Lot during repair of
‘Sandy’ storm damage
j) Scheduled payments to PPB Board of Education ($1,318,181.73)
k) Authorize emergency services personnel to participate in AFLAC insurance programs
l) Authorize Municipal Clerk to sign Fire Dept applications before placing on agenda
m) Re-Authorize Recreation Committee to accept applications for Summer Program from the parents of children who attend Antrim School, as well as from Borough employees
n) Re-authorize participation in the volunteer tuition credit program
o) Establish Fee Schedule and Appoint Inspectors for mandated storm damage inspections
p) Transfer of funds between 2012 Budget Accounts
q) Approve Alternate Bid for Boardwalk Reconstruction ($275,000)
r) Change Order #2 to Albert Marine Construction for Boardwalk reconstruction ($20,000)
CONSENT RESOLUTION 4:
a) Appointments to Board of Adjustment
b) Appointments to Environmental Commission – Council Liaison Kristine Tooker
c) Appointments to Historical Preservation Commission
d) Appointments to Shade Tree Commission – Council Liaison Michael Corbally
e) Appointments to Recreation Committee – Council Liaison Bret Gordon
f) Appointments to Beautification Committee – Council Liaison Andy Cortes
g) Appointments to Animal Welfare Committee – Council Liaison Kristine Tooker
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Resolution 1/b (Appointment of Standing Council Committees for 2013)
was considered. Mayor Barrella: looked at Council suggestions and requests - last year, Councilman Reid had asked for more responsibility - not being chair does not mean you cannot offer guidance – at this point, there are some significant problems in the area of water and sewer, three separate collapses – Councilman Mayer was looking to get more committees up and running – so moved him to another committee as Chair while keeping him on the Finance Committee to provide his wisdom and guidance, along with Councilman Corbally, who also served last year, with the thought that it was the best solution.
Motion by Councilman Reid, to appoint Standing Committees incorporating changes to Committee Chairs, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA
Mayor Barrella: asked about first Finance Committee meeting.

Councilman Corbally: Hurricane “Sandy” was a life changing event - going to my neighbors and seeing the shock and awe in their faces was a horrible thing - got a chance to get away with my family for three weeks over Christmas - got to talking about Point Pleasant Beach (PPB), what makes PPB special – in the aftermath of the storm, residents spent weeks helping other residents – town bonded together, neighbor to neighbor - didn't fix everything, especially those that have lost their homes and lost everything - but that’s what makes this community – we’ve got great residents and great employees and everyone bonded together - drove into town last night, going west first and the houses were lit up – went south and east and it got a little bit less – down Ocean Avenue and it was worse - won't forget about the dark homes in D3 and D4, even some homes in D1 were devastated - many can't afford to fix their homes, don't know how we can fix that - but with Jenkinsons’ help we will get our Boardwalk up and running by summer and will be the Jersey Shore tourist destination for people in New Jersey and New York - thanked Jenkinsons and all who helped to make this partnership viable; welcomed Councilman Cortes and welcomed back Councilman Reid; look forward to working with Council on some of the big issues that we face – per Councilman Gordon, facing some unchartered waters – know we will all work hard; wished all a Happy New Year; will make PPB an even better place than it was before – will not happen overnight, but believe town is coming together in this tragedy and thanked the residents for that.
Councilman Mayer: thanked Councilman Reid for doing the right thing by putting his pride aside to step down as Chair of Finance; congratulated Councilmen Reid and Cortes on their overwhelming election victory – look forward to working with them on the numerous issues confronting the town; spoke with many residents since “Sandy” struck - so many sad stories – many people are moving forward to restore their homes and businesses - thanked the hundreds of volunteers that have came forward to help our residents – welcome calls from any with ideas on how the town can help in the “Sandy” recovery; thanked all for coming and wished all a Healthy and Happy New Year.
Councilman Gordon: welcomed back Councilman Reid and welcomed Councilman Cortes - think that together we can accomplish great things; as I listened to both Andy and Steve take the oath of office was reminded of why we serve – as I look out over the audience, it becomes abundantly clear of why we all chose to serve; was reminded throughout “Sandy” that service is a very important word in this wonderful town of ours, whether you are elected, appointed or just a caring citizen – the service that was provided to citizens of this town by fellow citizens was probably the most heartwarming event that I've witnessed – we, as Americans, often have short memories – however, our citizens are still suffering – although many or us, were not greatly impacted, we still haven’t forgotten – there are still so many unsung heroes walking our streets today who are helping their fellow citizens - thanked them for making the lives of those who have suffered that much better – Council can take lessons from our citizens in that regards; looking forward to a better and prosperous new year; wished all a Happy New Year.
Councilwoman Tooker: it’s been a rough few months but 2013 will be better – going to be a tough year, but if we work together to do what's good for our town, we will ultimately be okay – looking forward to the challenges along with the positive results that will come out of them; wished all a Happy New Year; congratulated Councilmen Cortes and Reid and the Fire Department leadership – Fire personnel, police and Borough employees were amazing during the storm - very fortunate to have the professionals, residents and business offices that we do; Environmental Commission has secured the leading dune expert in New Jersey to be here at 7 PM on January 16th - invited all to hear him speak – there will be a Q & A period.
Mayor Barrella: added Thomas Highton, Jr to list of Planning Board appointments and made other appointments to the Planning Board, Safety Council, Tourism and Municipal Alliance Committees; the danger of prepared remarks is others steal your thunder, but since they’re prepared you do them anyhow.
“I want to begin by wishing everyone a Happy New Year and by congratulating Councilman Reid and Councilman Cortes as they rejoin and join the Governing Body.
The year 2012 began with great promise and it ended the same way. In between we faced and overcame numerous challenges. Superstorm Sandy devastated portions of the Beach and the entire shore. I am proud to report that through the efforts of our first responders -- our police department, fire companies and first aid squad - our Borough employees, those in public works, our Borough Administrator, our Borough Clerk and the members of our building department - and the numerous volunteers from both within and without the Beach -- we are well on our way to recovering from the storm’s effects. The fact is that as a town we are well ahead of our neighboring communities.
That is not to say that all is right, as many of our friends and neighbors here in the Beach find themselves unable to return to their homes and businesses. We must continue those efforts calculated to restore the Beach to its pre-storm status for all affected by the storm and I pledge that we will do so. Particularly disappointing was the failure of the House of Representatives to deliver an aid package that would assist in those efforts. I stand behind Governor Christie and fully support his rebuke of the House leadership’s failure to act. To those who would say his criticism was unduly harsh, I would simply say that when government fails to address the needs of a region or town, harsh criticism is warranted and appropriate whether that criticism is directed towards Washington, Trenton or Toms River.
Last year at this time, the Beach faced two major challenges. One was fiscal and the other dealt with quality of life issues. Thanks in large part to the sacrifices made by our employees in 2011, and the skill and energy of our CFO, Christine Riehl, as well as the hard work of Councilman Corbally and Councilman Mayer, we were able to craft a budget that addressed those issues and put us on more stable footing as we move forward. There were those on Council who were critical of the budget, in particular the fact that the budget adopted last year called for a tax increase, but it is essential for all to understand that last year’s budget was in full compliance with the State’s CAP law. No one on the Governing Body is happy when there is a tax increase, if for no other reason than we ourselves are not exempt from any increase.
The Council is also to be commended for making those difficult decisions it deemed necessary to address the quality of life issues that arose in the summer of 2011. Those measures that were proposed and adopted were in some quarters popular, and in others unpopular, but nothing was proposed or adopted that the majority of the Governing Body did not feel was necessary, appropriate, and most importantly, lawful. Efforts to address the issue of quality of life were made more difficult by the decision. on the part of some, to label them extortion or anti-business. Further exacerbating the problem was the fact that the State of New Jersey not once, but twice, improperly interfered in local decision making, thus making it even more difficult to reach an amicable resolution.
While I am confident that the Borough would have ultimately prevailed, I am grateful that Jenkinsons and the Storino family were willing to abandon their litigation, that I know they believed would go in their favor. That, however, is what a settlement represents – two sides agreeing that it is better to put litigation behind them and move forward towards a greater goal. In this case the post-Sandy restoration of Point Pleasant Beach.
Unfortunately, others have chosen to continue on the path of litigation, a path that can only serve to cost the taxpayers of the Beach valuable time and resources. I once again ask that they reconsider their stance so that we can all work together towards that greater goal.
Of equal importance was the fact that the Storino family graciously offered to defray a portion of the cost of repairing the Boardwalk. They were under no legal obligation to do so. I believe their willingness to do so presents a renewed opportunity to establish a public-private partnership that will propel Point Pleasant Beach to even greater heights as the premier family tourist destination on the Jersey shore. I want to once again thank Pat Storino, Vincent Storino, Anthony Storino, Frank Storino and Ed McGlynn for their part in moving Point Pleasant Beach forward towards a complete recovery.
To the newly elected members of the Council, I would caution that this is not an easy job. Exactly five years ago to the day, a newly elected member of this Governing Body spoke of her love for Point Pleasant Beach and how she had always dreamed of sitting on this dais. Over the years, others, for political and personal gain, have sought to turn her dream into a nightmare. She has been relentlessly attacked because she dared to stand up for what she believed; worse still, others whom she thought of as friends have selfishly refused to stand up and put an end to it. Her willingness to take a stand on quality of life issues in the Beach this past spring resulted in a Beach resident taking it upon himself to send a letter asking that she not attend an Ocean County Republican Organization event even though she was on the host committee.
Throughout it all she has displayed an exemplary level of grace and commitment to her ideals, while, at the same time, serving the people of Point Pleasant Beach with dedication and distinction. All it would have taken for her to have a County or State political career would have been for her to abandon her principles, but she refused to do so. For that I am grateful as should be all who call Point Pleasant Beach home.
I would ask that all members of the Governing Body remember that the focus moving forward must not be on what is good for one individual or business regardless of how important that individual or business may be to a political or personal benefactor, but rather on what is good for all residents, taxpayers and businesses of Point Pleasant Beach. We will not always see eye-to-eye on every issue, but I believe that if we remain faithful to this principle, we can truly give the people of Point Pleasant Beach the very best this Governing Body has to offer.
Once again, thank you all for coming and may God continue to bless the United States and Point Pleasant Beach.”

Motion to adjourn by Councilman Mayer was approved by consensus of Council.

Meeting was adjourned at 1:54 PM.



ATTEST: Maryann Ellsworth, Municipal Clerk


Published February09, 2013 | Council Minutes | 1520


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