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January 22, 2013

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM with Council Members Tooker, Gordon, Mayer, Corbally, Cortes and Reid present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Gordon, to enter closed session to discuss litigation, contract, personnel and special litigation matters was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Closed Session began at 6:37PM and ended at 7:30 PM.

Mayor Barrella called the regular meeting to order at 7:34PM. Present were Council Members Tooker, Gordon, Mayer, Corbally, Cortes and Reid. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Mayor Barrella: remarked about error on Water/Sewer increase vote in one of these minutes – Clerk Ellsworth will correct.
Motion by Councilman Mayer to approve the minutes of the November 20, 2012 and November 27, 2012 Council Meetings was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Reid….YEA
Council Member Cortes….ABSTAIN

Councilman Mayer: minutes don’t adequately capture his outrage at comments that were made regarding his family and his integrity – shouldn’t bring personal matters to the dais – families should not come up; asked that, if members of the Governing Body are going to respond to anonymous bloggers, they leave him out of it.
Motion by Councilman Corbally to approve the December 4, 2012 Council Meeting minutes, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Corbally….YEA
Council Members Mayer, Reid….NAY
Council Member Cortes….ABSTAIN

Alan Fumo, PPB High School graduate/long-time resident, and Ed Jarrett, ice and sand sculptor: sought approval for Sandy relief benefit – Jarrett has set and broken Guinness’ Book of World’s Records’ Tallest Sand Castle record 3 times – have gone through DEP and obtained Jenkinsons’ approval, based upon other approvals – Construction Official Gardner sent him to Council – won’t impede views (Mayor Barrella: private property – asked Attorney Gertner and Engineer Savacool if this should go to BOA) – this will be the 4th event – last one raised about $50K, one before that raised about $100K – will be surrounded by 14 feet of scaffold and boat wrapping, so the bottom won’t be visible – castle will remain through September – last one survived Hurricane Irene – castle building is part of the event – must be hand-packed for Guinness recognition– Guinness will be there – sand is free-standing, with no forms inside – dimensions are about 32-feet-wide on the base, and 50-feet-tall – last one stood from May to October – volunteers and kids raise money – always had wood donated by and volunteers from different organizations – need 4,000 volunteers in the next two months – confirmed with Mayor Barrella that there is no need to re-address Council – setting up a 5013C Sandy Castle Foundation – Mr. Fumo will be Executive Director – 100% of castle admissions will go to local charities (Mayor Barrella: same issues, whether or not for charity, are not Council issues) Jenkinsons allocated 100’x100’ space in front of the aquarium (Mayor Barrella: advised them to speak with Administrator Riehl and advised Attorney Gertner and Engineer Savacool to speak with CO Gardner; Attorney Gertner: will have recommendation at next Council meeting) CO Gardner approved the plans.

Councilman Gordon and Chief O’Hara presented awards to the following:
Life Saving Award to Point Pleasant Beach Patrolman First Class (PFC) Kyle Grace and Unit Citation to PFC Kyle Grace, Brian Spader, and Kyle Boturla, Detective First Class Clinton Daniel and Dispatcher Christopher Burger for an Inlet Jetty Rescue on October 18, 2012; Patrol Commander’s Award to Sergeant First Class Robert Goessel and Unit Citation to SFC Robert Goessel, PFC Derek O’Neill, Christoper Mosca, Kyle Boturla and Brian Spader, and Detective First Class Clinton Daniel for Super Storm Sandy rescues on October 29, 2012; and Certificate of Appreciation to U.S. Coast Guard Petty Officers Second Class Nick Gera, Christopher Henry and Daniel Wishnoff for Super Storm Sandy rescues.

Representatives of Hope and Healing, Division of Mental Health Services and Addiction Services of NJ and the Disaster Terrorism Branch: here to support the recovery effort – resource group of crisis counselors, available to anyone, to help connect them to needed services – distributed handouts.

Correspondence was discussed with items moved to the agenda for action; request for pool dewatering codification was referred to Attorney Gertner; location of the Inlet Comfort Station was discussed (Engineer Savacool: once the base map is prepared, will work on what is best for the residents and public; Councilman Corbally: spoke with Anne Lightburn to get Open Space Committee input; Councilman Gordon: there have been requests for more benches in that area – should consider the needs of Harborhead residents, but take this opportunity to do it the right way).

Engineer Savacool: addressed Lake of the Lillies replanting – treated shoreline last summer – need Council’s guidance whether to move forward or defer, due to emergent needs – recommended second round of treatment this summer and planting in the fall – USFWS recommends multiple treatments for higher success rate in invasive removal (Mayor Barrella: asked what’s been done to search the lake) haven’t surveyed it – can take some cores to see how much material may have gone in – see about partial FEMA reimbursement for interim dredging (Councilwoman Tooker: asked about the other lakes) only fail safe method is to resurvey (Mayor Barrella: asked about time and costs) would be near-term – T&M does it and there are hydrographic firms that do as well – can shop around – perhaps do all at once (Mayor Barrella have paid for Lake Louise and Lake of the Lillies dredging – if material has come back and trimmed a few years off the life of the dredging, now is the time to take care of it, when we can get FEMA money) Silver Lake is in similar or worse condition, but there is no baseline information on it – have DEP survey from 2006, but it was never dredged (Councilman Gordon: asked if FEMA consultant can answer these questions; Mayor Barrella: they’ve discussed it) will look at all lakes (Councilman Reid: asked if there is bond money for Lake of the Lillies planting) yes (Councilman Reid: asked if there is sand in the pipes) yes – sand in the storm water system could have exacerbated things – debris removal contractor is supposed to back out those systems, so they are clean after sand removal is complete.

Engineer Savacool: addressed the ‘Surf Taco’ building (N J Ave/Boardwalk concession stand) spoke with several contractors – recommended hiring a backhoe and operator to excavate sand from the front of the building, which is approximately 9” off the girders, to see if it drops – then look towards a solution to getting it back into business – building has not been cleaned out – bathhouse section doesn’t appear damaged – concession area might have to come down (Councilman Mayer: concerned that the building is still unsecured) if approved this evening, sand can be removed within a week (Councilwoman Tooker: asked if Surf Taco has been able to get everything they want out; Administrator Riehl: they said they don’t have a problem with the town going in there and hauling everything out) has quote for a backhoe with an operator – would like Council to authorize spending that money.

Engineer Savacool: addressed the Inlet area – recommended repairing both ends of the lot – DPW has repaired or will be repairing the exposed storm drain – understands some of the sand from Little Silver Lake lot will be deposited there to refill the Inlet area – would look to rent a bathroom structure for the coming season – long-term plan would be to provide other amenities including a new bathroom structure, boardwalk repair around the Fisherman’s Memorial which will, in the short term, be backfilled with a sand surface instead of a boardwalk (Councilman Gordon: asked about the bulkhead repair status, as sand would just wash out again) it’s fairly well shored-up – hasn’t seen the big sink hole that’s been out there before – spoke to Ben Kaiser, head of DEP Coastal Construction – DEP has allocated $504K towards the bulkhead replacement – he didn’t want to go ahead with boardwalk repairs around there because, he assumes, it would disturb that – part of the bulkhead repair project would be surrounding restoration (Councilman Gordon: asked for a timeframe) after the season – needs to be designed and permitted – DEP Coastal would construct it (Councilman Gordon: looking for Band Aids to make it available for the summer season – can re-discuss things we want for that area in conjunction with bulkhead repair – good plan) asking for authorization to seek quotes for parking lot repair, guardrail replacement and temporary bathroom facilities for five months.

Engineer Savacool: brought the Advisory Base Flood Elevation (ABFE) map, which is available to the public on the FEMA web site – model ordinance to adopt it has been pulled from the State web site for modification – PPB was not as dramatically affected as some towns with ABFE’s, compared to the current firm map, which residents’ insurance is based on (Mayor Barrella: per FEMA, it is likely the ABFE will be adopted as the firm map – if so, anyone building to the existing map will be at a financial disadvantage) per the Bigger Waters Act of 2012, which reauthorizes FEMA, there are no more subsidized rates for commercial properties, properties where insurance has lapsed, and secondary homes that don’t conform to current flood maps – per FEMA, neither the ABFE maps or the pending preliminary firm maps will raise the elevation – elevation could potentially go lower – if you build to ABFE, you can rest assured that you would comply with the new firm maps, which are scheduled out in 6 months – by law, there can be a 2-year vetting period – last preliminary maps came out in 2005 and were adopted in 2006 – after the maps are finalized the Borough has 6 months to adopt (Mayor Barrella: asked Engineer Savacool to summarize the difference) majority of PPB is currently an AE10 Zone – presumption for a 1%, or Hundred Year storm, is that base flood would be 10’ above sea level – on the revised maps, much of PPB has moved into an AE11 or A11 Zone – some western parts toward the tracks have gone down to 9’ – another change is that the Boardwalk/beachfront area, which is currently a VE13 Zone, is now 14’, so it’s gone up a foot – base flood elevations in ‘A’ Zones are measured to the first floor – in ‘V’ Zones, they are measured to the lowest horizontal structural member and piles are required to allow flood velocity to dissipate quickly beneath the structure – that is of great concern, because ABFE maps don’t represent the finished product, as wave studies have not been completed – some ‘V’ Zones might turn back into ‘A’ Zones – so, if you are rebuilding in a ‘V’ Zone, you might not have to go on piles, depending on when the new map comes out – very few areas in PPB have been affected in that way – it’s mostly gone from a base flood elevation A10 to A11 – much of the back of the dune line was shown as an AO Zone, where a house has to be just 1’ above grade – it appears it has gone to 10’ and houses would have to be elevated to at least 10’ for compliance (Councilman Mayer: asked how to get people building now) FEMA’s guidance is to contact the State Flood Plain Administrator to find out when the model ordinance will be back out – our Flood Damage Mitigation Ordinance complies with Federal regulations – it references the current firm map – to get people building now, can either adopt an ABFE ordinance, or encourage people to comply with the ABFE (Councilman Mayer: asked if the model ordinance said “ABFE or less, if less becomes the firm” and if people would have to comply with one elevation if applying on a certain date, and another elevation if applying on a later date, if the elevation should change) it said “ABFE or the existing firm map, whichever was more conservative” [Mayor Barrella: Lavallette is considering maximum height of (Base+X’), where X’=house height – PPB would need to grandfather the greater of 35’ or (Base+X’), or everything would be non-conforming – that’s why he is asking for 2 ad hoc committees tonight] the ABFE map will be in place until the preliminary firm map is adopted – for PPB, doesn’t think an area that has been raised to 11’ on the ABFE will go back to 10’, but that 11’ will be the new standard (Councilman Mayer: asked what ground level is on Broadway) about 3.5’ to 8.5’ – with height ordinance, there is a varying height, based on curb height – with flood ordinance, there is an absolute value of where first floor elevation must be (Mayor Barrella: asked Engineer Savacool if he would advise a private client to rebuild to ABFE) absolutely (Mayor Barrella: Building Department should give the same advice; Councilman Gordon: people looking to rebuild should sign an acknowledgment that they received this advice) if house was built too high, would pay less in flood insurance for the safer house (Councilman Cortes: asked how many homes are being re-built or are condemned and being knocked down; Councilwoman Tooker: originally there were 60 or 70 that had to be examined closely – people are still deciding – quite a few haven't been in their homes yet; Councilman Corbally: quite a few are selling as is; Mayor Barrella: Brick is considering working with the County Schedule C and, under emergency provisions, taking down houses that people haven’t yet been in or done anything with).
Mayor Barrella: invited questions from the public.
Stephanie Gurgo, PPB: displaced for another 5-6 months – been in touch with FEMA at least 6 times – insurance companies send her all over – she’s been diligent– has had contractors, had the water shut off, had surveys done, been in touch with companies for in-cost compliance – everyone’s hands are tied – looking to put house on pilings – needs contractors, permits – has to move her house forward to put in the pilings and then move it back – need something to go on (Administrator Riehl: at Councilwoman Tooker’s request, there will be a meeting next Tuesday 7-9PM, with FEMA and State representation – will cover mitigation, public assistance, Small Business Administration and National Flood Plain programs – first 30 minutes will be Frequently Asked Questions – been assured they will have accurate, concise answers – will be break-out sessions of particular groups and one-on-one discussion) per FEMA, insurance rates drop the higher up you go – if homes are not elevated to a certain height, rates will increase 5-fold – most would not be able to sell, and those who want to stay could not afford to – been in her home 60 years and wants to keep it (Mayor Barrella: anyone considering rebuilding should build to the ABFE; Engineer Savacool: because flood insurance grade maps were scheduled to come out in the next 6 months, ABFE maps were issued for the many people would be looking to rebuild, and to provide guidance on how the new flood maps would look – elevations used in the ABFE maps are conservative, so if you choose to build to those elevations, you can be assured that when the preliminary map is adopted, it will not have an elevation higher than the ABFE map (Councilman Mayer: the low point of her property is 13’ above sea level – asked where her bottom floor must be, per ABFE) assuming she is in the V14 Zone, the lowest horizontal structural member must be at 14’ – bottom of the girder would have to be at 14’ and bottom floor 1.5’ to 2’ higher – must be on pilings because it’s a ‘V’ Zone) the cost factor is the raising of the house, no matter how high you go (Mayor Barrella: that’s the purpose professionals advising Council, prior something being sent to the Planning Board; Engineer Savacool: because of the reauthorization of FEMA, if a house is 2’ or 3’ below base flood elevation, you will get clobbered – would behoove you to raise the house).
Pat Knight, PPB: asked how she can find her base (Engineer Savacool: need a surveyor – if she has a flood elevation certificate, it would be in the datum – would only be required if she has flood insurance; Mayor Barrella: advised her to contact her agent – encouraged all to attend next Tuesday for more accurate, meaningful answers – may then have a model ordinance – asked the press to advertise that meeting).
Aleta Weinstein, Harborhead Condominium Board: asked Engineer Savacool if the sinkhole, to which he was referring, was by Harborhead (Engineer Savacool: by old restroom location); asked if the temporary restrooms could be moved further away from the residents because of the noxious odor and unseemly behavior associated with it.

Mayor Barrella introduced discussion about permanent late-night/early morning parking restrictions – must start moving in advance of summer season (Councilman Gordon: asked Mayor Barrella to reiterate the agreement with Mr. McGlynn and the Storinos, and the restrictions indicated) hours were 12AM – 6AM – they requested it go to 12:30 AM on weekends – they won’t object, as long as it goes no further than Atlantic – doesn't see the need to do more than necessary (Councilman Gordon: asked the point of discussing, if they are going to exceed parameters – Council owes it to them – they had a handshake) would not likely see it move south of Atlantic – there is the question of whether Channel Drive or any other District 4 changes are necessary (Councilman Corbally: would look at 12:30 AM – 4 AM to alleviate early fishing concerns, eliminate Channel Drive, try to get County roads to become municipal roads and part of the program, and incorporate Laurel and Trenton, up to Chicago, this year; Councilman Reid: would like stickers, instead of placards; Councilman Corbally: spoke with Chief O’Hara about tags on the driver’s side dashboard) stickers can’t be transferred – need Chief’s input; Councilman Reid: important to have stickers available – talking about moving the plan into District 3 – hasn’t heard District 3 people ask for it – if moving forward, there must be a separate hearing) people on Laurel and Trenton have expressed concerns – they will be part of the hearing process (Councilman Cortes: should be, as Districts 1, 2 and 3 voted against it – some people changed their minds – had some impact on quality of life; Councilman Mayer: asked Mayor Barrella if he would consider putting his final plan back to the voters to validate) last year’s ordinance was temporary – it expired – may find some are happy it’s been extended and some are unhappy it’s been taken out of certain areas and vice versa – asked if people from areas where it is not in place get to vote on whether it’s validated – asked how many requests for parking permits were received from non-District 4 residents (Administrator Riehl: less than 5) people on the other side of town have no interest – Council’s decision validates the action – if people don’t like it, the ultimate validation comes in November – doesn’t see a mechanical way to do it; Councilman Reid: should talk about whether to reduce the number of extra special officers) will have a complement of special officers that the Chief is comfortable with – it was a combination of the parking plan and extra officers that worked – would be irresponsible to meddle with something that worked (Councilman Reid: went door-to-door in District 3 and people don’t want it) everyone will have their opportunity to speak (Councilman Corbally: can’t say whether it was the parking plan that improved the quality of life in District 4 – cleanliness in the area was better last year than in the past 10 – attributes that to the parking plan, not the police – Baltimore and Chicago were not part of the plan and they were littered – inexpensive – revenue-positive – hasn’t heard much negativism from District 4 – per Jenkinson’s, it didn’t affect their nightclub business – no one is being harmed, only helped – doesn’t understand why some Council members are saying it’s not good (Councilman Mayer: didn’t say that; Councilman Reid: said, if it’s going into District 3, he wants to hear from those people, because they said they didn’t want it; Councilman Mayer: procedurally, the Mayor has alienated people by giving them the vote and going against it – people are upset; Councilman Corbally: referendum only went to Districts 1 and 2 because it became a town-wide plan; Councilman Mayer: the only way to get validation on the whole thing is to have people vote on it; Attorney Gertner: if some Council members wish to include Baltimore and Chicago Avenues, should contact the County – normally, when County takes back a road, there is a swap involved – shouldn’t rush forward – some parameters have been laid out here that can be worked out by the Administrator, Engineer and him) thanked Mr. Gertner for his suggestion – must authorize the Borough Attorney to work with the Administrator and police department to draft an ordinance for the next Council meeting (Attorney Gertner: asked about incorporating stickers; Councilman Gordon: it’s a valid option – they can get 5 placards or 2 stickers and 3 placards – it’s simple) could be problematic, per Administrator (Councilman Reid: people he spoke with want stickers – is concerned because, a month ago, he heard Laurel and now he is hearing Atlantic) some residents on Laurel and Trenton have complained, so there might be a need to extend it to a limited degree – may also be reasons to eliminate it in District 4 sections, like the Channel Drive area – Council should forward their thoughts to the Borough Attorney (Attorney Gertner: confirmed that the outline is 12:30AM to 4AM – District 4, except Channel Drive, Baltimore and Chicago between Arnold and Broadway, Laurel, and the first three blocks (through the 200s) of Trenton; Councilman Gordon: asked Attorney Gertner to confer with police to ensure the hours match with shift changes, etc. – Laurel and Trenton are up for discussion) per someone on the 300 block of Trenton, there are no problems there, so there is no need to extend it that far (Councilwoman Tooker: don’t want to put it where residents don’t want it – District 4 is happy and we want to keep it that way – will see what people in District 3 want (Councilman Mayer: asked about the ramifications of taking over a County road; Attorney Gertner: there was a suggestion that there would be a swap – they will take a road back – often, the County will do paving, curbing or other work first; Engineer Savacool: the swap removes some burden, keep the burden the same on the miles of road we have to maintain) during the 2010 snow storm, DPW could not plow our streets, because the County never got to Baltimore and Chicago – probably more efficient for us to do it.

Mayor Barrella: introduced discussion about a Good Government Ordinance, by which no Borough professional nor his/her firm could refer work to a Council member, eliminating the issues of quid pro quo (Councilmen Reid and Mayer: asked why this is needed) few years back, there were questions about expanding PPB’s anti-nepotism ordinance to cover Point Pleasant, when there were concerns about shared services agreements – as a tax attorney, he might look at things differently than others, in terms of ethics – no harm in it – sends the message that professionals are being chosen for their qualifications and nothing more – need to put reporting requirements in place – don’t want anyone who is unwilling to accept an appointment based on those terms (Councilman Mayer: asked Mayor Barrella how many partners he has) none (Councilman Mayer: he has 60 attorneys – asked if it would be extended to partners in his firm; Councilman Reid: that’s in place already – it’s illegal; Councilwoman Tooker: can’t go wrong with another layer of ethics – don’t have Pay-to-Play or many local ordinances addressing these conflicts; Councilman Mayer: it’s not necessary; Councilman Gordon: have returned gifts from town businesses, as they are verboten, per ethics courses – sometimes you think your actions are pure and your motivations good, but perceptions can be a killer in a political career – doesn’t hurt to be reminded of our responsibilities; Councilman Mayer: asked if Mr. Gertner could refer a client to Mr. Barrella, a tax attorney; Councilman Gordon: absolutely not) if he wants the client, he must resign, and if Mr. Gertner wants to make the referral, he must resign – that’s ethics – not benefitting from your position – this ordinance imposes an additional layer of government and ethical requirement (Councilman Mayer: doesn’t need Mayor Barrella to impose his ethics on him – it’s not in practice in multi-member law firms – will not impact him – it hasn’t happened – strange to think it is needed – asked if an existing Council member can rent property from Mr. Corbally) yes, but if one of our professionals has a partner who is selling his house in PPB, that partner shouldn’t be using Councilman Corbally – it’s common sense (Councilman Reid: asked if Councilman Corbally shouldn’t rent a house to someone referred by one of our professionals) the point is that the professional shouldn’t be doing that (Councilman Mayer: asked why not – asked Mayor Barrella if he has ever been in private business) no, but would like to think his partners would respect the rules (Councilman Mayer: doesn’t think Mayor Barrella understands the concept of networking or professionalism – confirmed that, because he is sitting here, it’s prohibited) professionals should not refer work to Council members (Councilman Gordon: this highlights the need for the ordinance).
Motion by Councilman Gordon to authorize Attorney Gertner to draft a Good Government Ordinance was seconded by Councilwoman Tooker and carried by roll call vote:
VOTE: Council members Tooker, Gordon, Corbally, Cortes….YEA
Council Members Mayer, Reid….NAY

Mayor Barrella: opened discussion about the budget process, and getting more committee members involved – in the past, department heads would sit with Administrator Riehl – committee chairs, who have a great stake, are not present at those meetings and don’t have input to the budget cuts made by other Council members – need a way to get the responsible people more involved in the process, so better decisions can be made as to how money is spent (Councilman Mayer: has no problem with this – asked the Mayor to encourage the 6 standing committees to meet with their department heads and review and understand the budgets – also, there are gaps in the code, as to which departments are covered) agreed – committee chairs can schedule meetings with the department heads independent of this, and the gaps must be fixed (Councilman Mayer: would be glad to meet with whomever the Mayor likes) doesn’t know that Councilman Cortes needs to convene a meeting of 3 Councilmen to deal with fire and lighting – when it comes to other committees, he would agree – Finance is one where there is always more of a need – it’s an important part of what we do (Councilman Mayer: so is the Building Department, Police and DPW) Councilman Gordon meets regularly with Chief O’Hara and Lt. Dikun – doesn’t see a problem incorporating other Council members if they wish – not a one-size-fits-all – rejects the implication that the committee people aren’t doing what they’re supposed to (Councilwoman Tooker: meets with CEO Petrillo, as needed, when either have a question, during budgets, during bonding – now they are very overwhelmed; Councilman Mayer: that’s part of his concern – they need personnel now; Councilwoman Tooker: was brought up last year and no one wanted to hear it – now, maybe they can get some help; Councilman Mayor: committee process is ingrained in the Borough code – PO’s are supposed to go through committees too; Councilman Reid: will be meeting with Administrator Riehl and the Water Department next week – perhaps they can review the department’s finances and structure – asked Councilwoman Tooker to attend; Councilwoman Tooker: she is available after 3PM) the chair sets his own way of doing it – asked if Councilman Reid wants to meet with the entire committee (yes; Councilman Gordon: need to meet with your committee first to understand their process and budget, so when you meet with the Finance Committee and Administrator, you can help defend or justify it; Councilman Mayer: committees are broken up oddly – it’s an issue to be worked on) agreed – asked for Councilman Mayer's suggestions for realigning of committees – need to conform responsibilities to titles – for example, the Finance and Insurance Committee has traditionally included Personnel – Clerk Ellsworth can do that – don’t need Attorney Gertner involved – when that’s done, can decide whether to move some responsibilities around).

COMMITTEE REPORTS:

Councilman Reid: met with DPW Superintendent and will meet again to discuss moving the department forward; working with Chief O’Hara and Councilman Gordon on getting an officer in the schools – Chief has discussed with Superintendent Ravally (Councilman Gordon: premature to discuss right now – not a given, but are exploring that option, in light of what has transpired in our country).

Councilman Cortes: serves on the Police, Emergency Management, Waterways, and Municipal Court Committee, as well as Inspection, License and Building Code, and is Chair of the Fire, First Aid and Street Lighting Committee – met with Fire and First Aid on January 10th – using a dual dispatch with Point Pleasant to get extra manpower –Beefsteak Dinner for Fire Company #1, at the Elks on the 26th, is $40/ticket and includes comedian, Brian Maher – both companies need members, especially fire police – Fire Company #1 got three $10K grants and a kitchen donated, so they are on their way to rebuilding – there is an awards dinner at Fire Company #2 at 4 PM on the 27th – Fire Company #2 still has no concrete pad for their standby generator and Company #1 lost their generator in the flood – asked if there is FEMA reimbursement available for that (Administrator Riehl: Fire Department is submitting as their own applicant); met with First Aid Captian Fioretti – repairs are completed on the First Aid building – thanked everyone for letting them use their parking lot – they were approached by a high school group about a drunk driving presentation; spoke to JCP&L, who will provide a list of the number of streetlights on record – found some discrepancies in their bills – they have 686 streetlights, which go by wattage, not a flat price – switching from mercury vapor to sodium vapor – should report any lights out to the police or to him.

Councilman Corbally: Chair of the Building and Grounds Committee – met January 10th – Councilman Mayer participated by phone, Administrator Riehl, Engineer Savacool and FEMA consultant were there – discussed variety of issues – most will be dispensed with tonight, including the remaining Boardwalk award, approval for Inlet repairs and temporary restrooms, and approval to remove sand from the Surf Taco building – sand in Little Silver lot will be sifted and moved to the Inlet tomorrow, then to Maryland Avenue – then, can repair, repave and reline Little Silver lot – DPW Superintendent Trout has gone to bid for Little League field fence replacement – has gotten one bid so far – parking boxes are ordered (Administrator Riehl: will start installation around February 5th) moving very quickly and will be up for the 2013 summer season – didn’t lose any hotels or motels – all will be ready – Tourism Committee had been meeting every couple of weeks prior to Sandy – need to get the word out that the town will be ready for summer 2013 – asked Council to approve an appropriation in the 2013 budget for up to 1/3 of the cost of advertising in April and May – that would be $30K for this part and up to $90K total – other 2/3 would come from the Boardwalk and Chamber of Commerce (Councilman Gordon: much more than advertising – an opportunity to rebrand the town, collectively with our businesses, as a family destination – may be one of the only shore towns open for business – imperative to make this investment, to secure some revenues – there are perceptions that the entire Jersey Shore is closed for business) Councilman Gordon sat in for him on some of the meetings and has worked closely with this committee – can’t wait on this any longer ,or it won’t be ready for April or May – if the other 2 groups don't come through with their portion, he’s not in favor of going forward (Councilwoman Tooker: asked if it would be global, highlighting the downtown, fishing, the Boardwalk – M Studios will do a whole re-branding – have talked about this for years – a great opportunity; Councilman Mayer: asked that the Tourism Committee report back to Council; Councilman Gordon: will do; Councilman Mayer: asked who would contract with M Studios; Mayor Barrella: likely, the Chamber: Councilman Mayer: then our contribution would be to the Chamber; Attorney Gertner: rebranding the town will require a trademark and license – the Borough should own that licensing opportunity –his office has done licensing work for some school boards – it’s another source of revenue – he will attend the next Tourism Committee meeting) if he can get approval tonight, will know by next meeting if the other 2 entities are on board (Attorney Gertner: should ask for a motion to expend a sum not to exceed $30K so you can go to the other entities to get their approval – appropriation would be subject to a contract between the entities).
Motion by Councilman Corbally, to expend a sum, not to exceed $30K on marketing, with appropriation subject to a contract between the entities, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Councilman Mayer: would like forewarning on spending matters; Finance Committee has not met since it was reconstituted – met with Administrator Riehl on January 18th to discuss the 2013 budget timetable – it is to be introduced by March 13th, per the Local Finance Board – hoped for introduction on March 5th, but due to numerous issues resulting from Sandy, that may be difficult – Administrator Riehl has been busy with Sandy matters, particularly the submission of damages to FEMA, due February 4th – meeting regularly with the Berger Group; year-end numbers are not final, so surplus available as of 12/31/12 is unknown – Annual Debt Statement is due January 31st – Annual Financial Statement is due on February 10th; amount of and formula for FEMA reimbursement is unknown, as is the timing – total costs for Sandy has not yet been determined – have had a $3M appropriation, some of which remains, but doesn’t think it will last; asked Administrator Riehl to begin work on the levy cap worksheet, to preliminarily determine the amount that can be raised through taxation – one issue we will face in the post-Sandy budget is what percentage of 2012 miscellaneous revenues should be anticipated in 2013 and what collection rate can be anticipated on the 2013 taxes – have also asked her for the collection rate on tax payments due February 1st, and how this compares to the percentage collected February 1, 2012; Tax Assessor Carpenter has 6 appraisers working on storm damage inspections for properties impacted by Sandy – an estimated 1700-1800 of the 3,300 properties in PPB were exposed to flood damage – assuming an average of $65K/property, this could represent a loss of $113,750,000 in ratables and a reallocation of $1,250,000 in tax liability – storm damage inspections and the input of information won’t be completed until the end of February – asked Administrator Riehl what expenses are obligated for 2013 salaries and wages, pensions, health insurance, Social Security, and other known expenses, to preliminarily determine a suggested amount for the reserve for uncollected taxes – have also asked that she estimate the amount that remains available in the levy cap to satisfy additional budget requests – prior to finalizing the budget, will need a refunding bond ordinance and a capital bond ordinance – refunding bond ordinance is to pick up the non-capital portion of the emergency appropriation – to complete the bond ordinance, must identify all Sandy costs to-date and engineering estimates for capital repair costs – requesting that all committees meet with department heads to review proposed budgets, consider critical additional needs and locate operations savings – Administrator Riehl hasn't received all department budgets yet – he and Administrator Riehl have scheduled a meeting for January 28th at 9AM – hopes Councilman Corbally and Reid can attend or call in – hopes to develop a schedule for future Finance Committee meetings on the 28th – Councilman Corbally picked up his budget book – asked Councilman Reid to arrange with Administrator Riehl to do the same; thanked Administrator Riehl for long hours and excellent, professional work (Councilman Corbally: asked if he knew more about FEMA than he does – has gotten different answers from 5 different people, as to what is reimbursable) hasn’t really pushed it – don’t know yet (Mayor Barrella: spent 3 hours in Toms River with FEMA, Senators and Assemblymen – don’t have a good handle on things – maybe they didn’t have answers because they didn’t know what the funding would be – now that the House has acted, hopes they’ll have better advice).

Councilman Gordon: deferred his report until next meeting in the interest of time – his first Police Committee meeting will be next week – will discuss appropriate meeting times with Councilmen Cortes and Corbally.

Councilwoman Tooker: thanked Environmental Commission, particularly Pete Ritchings and Anne Lightburn, for last week’s dune presentation – very informative and well attended, with municipal officials from Bay Head and Seaside, and other towns – Dr. Stewart Farrell, the leading expert in the area gave a great presentation – spoke about the success of Army Corps projects in Long Beach Island in protecting life and property during Sandy – trying to get one in Mantoloking, but property owners are not signing the easements – would be wonderful if the Army Corp could do the whole strip from PPB to Seaside – they’ve got the funding – funding is 65% Army Corps and the State and County also kick in – by the time it gets to the town, it’s a very small percentage – something to think about; renewed annual plea to Council Members for paperless or less papered agendas – she and Clerk Ellsworth discuss this every year and she is still the only one who gets a paperless agenda – explained that she looks through it online and prints only the pages she needs – the waste of paper, ink, wear and tear on the copier, and manpower is crazy (Clerk Ellsworth: has a couple of ideas she will speak to the Budget Committee about – Bay Head Council gets an agenda cover page and there is a binder for them to look through) it’s the same in Toms River – a big savings and a lot less work – thanked Clerk Ellsworth, Attorney Gertner and Administrator Riehl for helping the Fire Company, who had a problem getting their money from JIF; asked that the clogged storm drain on Liberty Lane that backs up all the time be addressed; asked about the bubbler on McLean (Engineer Savacool: no cheap solutions – bubbles out onto Curtis and floods the street – pipe is clogged – asked DPW Superintendent Trout to get it vacuumed) had nothing to do with the resurfacing; need to replace garbage and recycling cans throughout town.

Mayor Barrella: asked for a deadline from Berger on the 404 application (never got a response) – asked that they be given another call, not very happy; met the Lieutenant Governor last week at a shop in town and Don Newman from State Business Assistance – Lt. Governor offered to get a letter out to non-resident homeowners to update them on the status – what’s best for PPB businesses is to ensure full-time residents get back in their homes as quickly as possible and that part-time residents know PPB is open for business – they want to help get that word out – Administrator Riehl will get information to Mr. Newman; recurring theme is trouble with insurance companies – sent Clerk Ellsworth information for the web site, with a link to the Department of Banking and Insurance complaint form – Mr. Newman assured him the Department has been diligent in following up on these complaints – is attending Mayor’s Summit with Governing Christie on Thursday – will speak to people from DCA and Banking and Insurance – maybe the State can do something (Councilwoman Tooker: asked him to inquire about banks holding things up by not getting checks to people until the work is done, so there is no money to pay the contractor); on Friday, he will introduce Congressman Runyon at the Ocean County Mayor’s Association meeting – will discuss how local municipalities can band together and fall through the cracks – looking to establish an ad hoc Flood Mitigation committee – asked for representatives to join him on that committee, including Pete Ritchings and another Environmental Commission member, a Planning Board member, a Board of Adjustment (BOA) member, CEO Petrillo or CO Gardner or both, Administrator Riehl, 2 Council members (Councilmen Corbally and Cortes volunteered) – also looking to create a committee dealing with zoning, height, ordinance issues, which will include him, CEO Petrillo, CO Gardner, Council President Tooker, 2 representative each from the Planning Board and BOA, and a Council member (Councilman Cortes volunteered) – would love some answers by next meeting, or the one after, so an ordinance can be drafted – he will set up the meetings with Administrator Riehl (Councilman Mayer: suggested either the Chair or delegate from the Planning Board or BOA, rather than 2 members from each – and asked for committee reports to Council) fine – must get everything back to normal A.S.A.P.
Councilman Cortes: asked Mayor Barrella why he didn’t know the Lt. Governor was in town (Mayor Barrella: it was last minute – he was invited by the Governor’s representative at a FEMA meeting that morning).

Clerk Ellsworth added items to the agenda and corrected the payment amount in item 3/i. Councilwoman Tooker corrected the year in item 3/a

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of Ordinances and
Resolutions – 5 Minute Limit) BEGAN AT 10:31PM

Kitty Stillufsen, PPB: wants to lift her 2-family house in the MC Zone at least to the ABFE and stay within the height restrictions and footprint – asked if she can make it happen – doesn't want to go before the BOA – speaking on behalf of many other affected people, would like some action on this; asked where and in what mediums the Tourism Committee would be advertise – advocates targeting an affluent, law abiding community; been petitioning the State for years to create a beer/wine license – asked Mayor Barrella to speak to the Governor about this, as she already has – if just 3 licenses were sold at $50K, NJ would earn $85M, which would help to restore the shore and create an annual income stream of tens of millions of dollars, helping shore businesses – Governor can sponsor that bill; Red’s Lobster Pot will be re-open April 17th; inquired about the commissioned fundraiser position, which she has suggested in the past.
Chris Riordan, PPB: many residents are running into red tape with insurance companies, getting checks – FEMA has been under-funded and they were underwriting some of this – as bad as Katrina was, the whole ninth ward was $15M while 4 houses in Mantoloking are worth that – they don’t have the money for us and that’s the problem; if you haven't been here, you don't realize how bad it is – not in favor of spending money on tourism when we need garbage cans, etc. – have problem encouraging people to come to her part of town, when she and her neighbors aren’t there – most people will come because they like to see a car accident – and if we tell the people from Bergen County to come, and we are not ready, they won’t come back.
Lee Kelly, PPB: commended those responsible for next week's meeting – very concerned about the number of people who are putting thousands of dollars into their homes, when their buildings are not assessed for that much – will have a problem when they get to the 50% – needs to be addressed quickly – need construction officials to come to a meeting to answer questions about permits, fees, etc.
Vince Castin, PPB: hopes Silver Lake can be dredged with FEMA money – could be toxic; lot of debris in the streets, past the deadline – asked who will pay for removal (after January 25th, Borough will pick-up and charge owners); favors re-branding the town.
Dave Cavagnaro, PPB: as a District 4 resident, thanked Council for drafting an ordinance on the parking plan – a resounding success; on behalf of the Beautification Committee, reported that when the Adopt-A-Spot program was created, had an issue with size of signage – applications get renewed each year – one got permission for a six foot banner – sets a bad precedent; asked Council to advise any applicants that Beautification and St. Peter’s already have Adopt-a-Spots at the Inlet.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of Ordinances and
Resolutions – 5 Minute Limit) ENDED AT 10:59PM

Motion by Councilman Mayer, to appoint Steve Rogut (Rogut McCarthy) as Bond Counsel, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Mayor Barrella: recommended engineer appointments (Councilman Corbally: have talked about hiring an in-house engineer, a 40 hour/week employee) – would like to continue moving forward with that process.
Motion by Councilman Corbally, to appoint Ray Savacool (T&M Associates) as Borough Engineer and Birdsall Services Group, O’Donnell Stanton & Associates, Remington Vernick & Vena, and Professional Design Services as Special Projects Engineers, was seconded by Councilman Reid and carried by roll call vote (Mayor Barrella: probably wouldn’t happen until at least January 2014 – depends on where we stand with engineering work, in light of Sandy – something the Finance, Insurance, Advertising and Personnel Committee should consider).
VOTE: Council Members Tooker, Gordon (with exception of Birdsall Services Group)…..YEA
Council Members Mayer, Corbally, Cortes, Reid……YEA (to all)
Council Members Tooker, Gordon (only Birdsall Services Group)….NAY

Councilman Mayer: asked Mayor Barrella to explain his recommendation for Prosecutor [Mayor Barrella: last year, the service of the existing firm was not what we should have been getting – revolving door of junior associates being sent, instead of the person who was appointed – had applications this year – one from Erin Shamy, a former Middlesex County prosecutor, former municipal prosecutor and former municipal court judge – Court Administrator Sargent, was encouraged by her – Ms. Shamy lives in PPB and understands the issues; Councilman Cortes: asked about prosecuting neighbors (that's why there are alternates)]
Motion by Councilman Gordon, to make the following appointments was seconded by Councilwoman Tooker and carried by roll call vote:
11d) Erin Shamy as Municipal Prosecutor
11e) Bonnie Peterson and John Ducey as Alternate Prosecutors
11f) Bianca Sangiovani as Public Defender
VOTE: Council Members Tooker, Gordon, Mayer (with exception of 11d & 11e),
Corbally, Cortes, Reid*….YEA
Council Member Mayer (Items 11d & 11e)….Abstain
*Councilman Reid: concerned about not knowing about them
Erin Shamy: thanked Council – appreciates the opportunity – has a great interest in the public safety of PPB – will devote her time, energy, effort and attention – will be a priority in her practice – looks forward to meeting all on a more personal basis.

Councilman Cortes: with regards to items 1/d and 1/x, asked if POs shouldn’t be
approved before goods and services are received, in most cases (generally yes); asked about item 1/r if that emergency repair was caused by Woodland Avenue work (Engineer Savacool: doesn’t think so – paved the road 2˝ weeks prior – frequency of water main breaks accelerated after the storm) asked for the date of the St. Peter’s Fisherman’s 5K (March 23rd); there are 2 tree stumps hanging over the roadway on Baltimore, between Arnold and Central and between Forman and Atlantic – could be a hazard for runners – there are also dumpsters in the street on Chicago and Homestead.

Motion by Councilman Mayer, to adopt resolutions listed below, was seconded by Councilman Gordon and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Payment to Brick Utilities for December bulk water usage ($44,769.20)
b) Payment of 1st quarter tax levy and added/omitted assessments to County of Ocean
($2,040,086.45)
c) Payments to T&M Assoc from escrow accounts ($2435.38)
d) Payment to Sungard for NaviLine migration installation ($7000)
e) Reduction of Performance Guarantee – Waxman
f) Reduction of Performance Guarantee – Domm
g) Re-establish bulk pick-up dates for 2013
h) Payments to NJ American Water for annual service to 7 fire hydrants ($3662.40)
i) Refund dumpster bond – 153 Ocean Ave ($250)
j) Payments to CIT for annual Koycera copier lease ($4394.88)
k) Payments to Edmunds & Assoc for 2013 software maintenance contracts ($10,229)
l) Progress Payment #1 to Earle Asphalt for Woodland Road improvements ($195,103.08)
m) Approve route change for St. Peter PTA annual ‘Fisherman’s 5K’
n) Apporval of annual National Multiple Sclerosis Society’s ‘Coast the Coast’ Bike ride
o) Payment to Arcadis for DEP debris removal monitoring ($67,383.00)
p) Payment to Firefighter One to replace gear storage racks ($3222.70)
q) Payment to Johnny on the Spot for rentals for Hurricane clean-up workers ($2562)
r) Payment to Woszczak Contractors for emergency repairs to water lines ($23,239.28)
s) Appoint Edward R. Seeger, Jr. as field inspector for storm damage inspections
t) Payment of bi-annual insurance op-outs to Borough employees ($9350.24)
u) Authorize draft change to parking ordinance as per recommendation of BA/CFO
v) Authorization to issue RFP for Animal Control services
w) Approve Chamber’s ABC Social Affairs permit application for 3/23/13
x) Payment to F&C Auto Supply for automobile repauir/replacement supplies ($3268.32)
y) Payment to Denise Sweet from BOA Escrow
z) P O to All Time Auto Body for repair of OEM vehicle ($3170)
RESOLUTION 2: Reimburse Chamber of Commerce for Tree Lighting entertainment ($1400)
CONSENT RESOLUTION 3:
a) Appointments to Local Emergency Planning Council & Establish 2013 Meeting
Dates
b) Emergency Appropriation for Boardwalk Reconstruction ($1,700,000)
c) Payment to Ocean County for Schedule C services ($19,354.75)
d) Payment to Granturk for emergency repairs to Elgin sweeper ($4097.03)
e) Payment to the Galvin Law Firm form BOA escrow accounts ($480)
f) Authorize Mayor to execute Borough Attorney contract
g) Waive municipal portion of raffle fee for Ocean Fire Co #1
h) Approval of Payroll #1 ($229,134.33)
i) Payment to Ashbritt for “Sandy” debris removal ($1,336,185.86)
j) Award of contract to Bird Construction for Boardwalk contracts ($1,359,349.80)
k) Approval of change order for emergency drain pipe repairs ($5000)
l) Award contract to Craig Testing for asphalt coring and testing ($950)
m) Permission for VFW Ladies Auxiliary to solicit local merchants for raffle prizes
n) Waiver of water/sewer call out fee - 2 Zilai Row
o) Authorization for excavation work at New Jersey Avenue concession stand, as per recommendation of Borough Engineer
p) Authorization to seek quotes for restoration work at the Inlet parking lot to include the guide rail, patching of the parking area and temporary restroom facilities
q) Resolution appointing Special Counsel (CLOSED SESSION)
VOTE: Council members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Ordinance 2013-01 (Repeal of Ordinance 2012-15 – Early ABC License Closings) was introduced on first reading.
Motion by Councilwoman Tooker, to approve Ordinance 2013-01 on first reading, was seconded by Councilman Reid and carried by roll call vote. Public hearing will be held on February 19, 2012.
VOTE: Council members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

PUBLIC PARTICIPATION BEGAN AT AND ENDED AT 8:14 PM WITH NO
MEMBER OF THE PUBLIC WISHING TO BE HEARD.

Meeting was adjourned at 8:15 PM by consent of Council.


TRANSCRIBED BY: ____________________________
Eileen Farrell, Deputy Clerk


ATTEST: _________________________________
Maryann Ellsworth, Municipal Clerk


Published February20, 2013 | Council Minutes | 1530


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