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February 5, 2013


February 5, 2013

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36 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 Councilwoman Tooker, to enter closed session to discuss personnel (4), contract (1), litigation (1), potential litigation (1), and attorney-client (3) matters was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Closed Session began at 6:39 PM and ended at 7:41 PM.

Mayor Barrella called the regular meeting to order at 7:42 PM. 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.

Motion by Councilman Mayer, to approve the December 18, 2012 Council Meeting minutes, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Reid….YEA
Councilman Corbally….ABSTAIN
Councilman Cortes was not polled, as he was not in office at the time of the meeting.

Motion by Councilman Corbally to approve the January 5, 2013 Council Meeting minutes, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Department Head Memos and correspondence were discussed with items moved to the agenda for action.

Attorney Gertner: addressed Engineer Savacool’s letter regarding Planning Board’s condition of approval for Certificate of Occupancy for TD Bank - spoke with Lt. Dikun –condition is that the Borough provide Title 39 enforcement actions on that private property - an example is Brick Plaza, where Brick police enforce traffic regulations in that parking lot – doesn’t think it has ever happened here, and Council does not have the background as to why it was part of the Board’s request – police do not review plans in PPB, as part of the checklist – would like this held, so police can review the plans and review what they are being asked to enforce and Council can ask questions – policy question as to whether police can issue a ticket to someone speeding through a private lot – right now, if there is an accident in a private lot, police can be called for safety and security reasons, but cannot issue tickets or make determinations as to culpability – could be a cut-through issue – if inclined, could make the Title 39 enforcement ordinance conditional upon certain items (Mayor Barrella directed that this item be held).
Administrator Riehl: met with O’Donnell, Stanton, Councilman Reid and the Water Department - recommended the use of chemicals to fix the ongoing grease problem for an overall cost of about $3K, as it would be most cost-effective (Councilman Mayer: asked if OCUA is ok with it; Councilman Reid: needs to be done – done in other towns and will be done a couple of times a year – the grease is so hot, it’s going through the catch basin and gelling in the pipes; Councilman Mayer: asked who would do it) Water Department (Councilwoman Tooker: obviously, the grease trap ordinance didn’t work because of the heat of the new appliances) recommended approval.


Councilman Reid: No report.

Councilman Cortes: reported on Fire, First Aid and Street Lighting; Fire Company #2 is getting 3 estimates from a plumber and a mason for the concrete pad for their generator – Fire Company #1 is researching a smaller generator that can possibly be mounted on the roof to operate the bay doors and heating system - attended fundraiser at the Elks – Councilman Mayer was there – good comedian; will attend the First Aid meeting this Thursday; timer for the lights at Pleasure Park is broken - they are on all night, illuminating every house on Trenton Avenue - JCP&L doesn’t make the (timer) equipment anymore and we are not allowed to touch their equipment - suggested relinquishing ownership of poles and equipment to PPB so the problem can be rectified – suggested cutting the power – JCP&L will get back to him; with regard to the new traffic light on the agenda, advised that the average monthly bill for a traffic light is about $28.

Councilman Corbally: Building & Grounds Committee met January 28th and will meet again this Friday – asking for authorization tonight to repair Little League fence - Surf Taco building was excavated – Governing Body must decide what to do – per Engineer, building can be salvaged, but it won’t be cheap – wiring and waste pipes need to be replaced – fixtures and equipment need to be ripped out and replaced – may not be ready by summer, if not started immediately – can get just the bathrooms up and running, can tear it down for more parking – will need an architect to tear it down and build a new stand and bathrooms (this is on the agenda for Friday’s Finance Committee meeting); Engineer Savacool is looking to alleviate flooding at the Woman’s Club parking lot and Little League field – hopes contract will be awarded at the February 19thh meeting to repair the rails, do the striping and repair sink holes at the Inlet parking lot – need to go out to bid for the milling, striping and lining of the Silver Lake Lot – will be sure that work gets done during the week, so it doesn’t’ interfere with weekend patrons and parking box collections - Boardwalk piles, Trenton to Arnold, will be complete this week, with framing by the end of the week – pre-construction on the rest of the Boardwalk should begin next week and the work should be started in 2 weeks; concerned about probability of many of homes east of the tracks being vacant this year - usually DPW cleans up a few vacant properties – suspects there will be hundreds of empty houses this spring, while people are waiting to rebuild, etc. – brought this up at the Finance Committee meeting - spoke with CEO Petrillo – current ordinance does not allow this work to be outsourced and don't have manpower to do it in house – asked Council to consider – important to keep PPB looking clean while people are rebuilding (Councilman Mayer: surprised that PPB has the right to cut the lawn but not to hire a service to do it - asked Attorney Gertner to pull the ordinance) per CEO Petrillo, it’s a liability and insurance issue – also, it’s harder to control follow-through of warnings with an outside company (Administrator Riehl: 3 or 4 years ago, an RFP was done for emergency landscaping to be billed to the homeowner) need something in place before the grass starts growing.

Councilman Mayer: Finance Committee met last two Mondays – Administrator Riehl has been working diligently on FEMA submissions – one part is done – the rest continues – a huge task – Annual Debt statement has been filed – Annual Financial Statement (AFS) is due February 11th – he and Administrator Riehl agreed to schedule a Finance Committee meeting on February 15th at 9AM – AFS is significant for many reasons, including calculation of surplus, which is very important to the budgetary process – hopes to have more progress to report at the February 19th Council meeting; been talking with Tax Assessor Carpenter, who has been working on Sandy damage assessment – 1700 to1800 of 3300 tax line properties were damaged, primarily by flooding – been wanting to do a reassessment for quite a while – pre-Sandy, PPB’s assessed value was averaging 117% of resale value – many tax appeals state-wide - County Board of Taxation has agreed that Mr. Carpenter can do reassessment without full interior inspections – a lot of adjustments to be done - one item on tonight's agenda is to hire a consultant to assist Mr. Carpenter – a very experienced assessor, who has worked in the County for more than 30 years – he has asked us to get the word out that we're doing an assessment – asked Administrator Riehl to post this and get a copy to the press – idea is to bring assessed values to market values, as of October 1, 2012 - tax appeals are due by April 1st – will get pushed back until 45 days after the mailing of the post cards on April 15th – urged people not to file tax appeals until they get their new assessments.

Councilman Gordon: Police Committee, comprised of himself, Councilmen Corbally and Cortes, met with Chief O’Hara, Lt. Dikun and Lt. Michigan – discussed budget, hiring of special officers and preparation for summer season – some believe it will be a banner year, despite the tragedy – police department needs to be prepared, and will be, provided they get the appropriate support from Council; discussed a topic brought up by Councilman Reid – the potential hiring of a School Resource Officer, another full-time officer, who would augment the summer force as well.

Councilwoman Tooker: Mayor Barrella will report on 2 ad hoc committee meetings, Flood Mitigation and Emergency Zoning – very productive; tomorrow is the meeting with FEMA representatives, 6 PM to 8 PM at Antrim School – will be Q&A and break-out sessions – NJ Natural Gas and Robin Hood Foundation will be there also; met with Attorney Gertner regarding lingering ordinances – should see some ordinances on for introduction at the next Council meetings; Building Department has been working very hard - having DCA coming in to help with inspections at no charge; congratulated Rev. Quartey from St. Mary’s Church and her brother, Michael Mercuro, who were honored with just a few others at the NJ State Chamber of Commerce dinner in Washington, DC this week for their efforts during the hurricane – the church made over 5,000 meals in the aftermath of the storm and delivered meals to residents everyday - St. Mary's table is open every Thursday night – nice chance to gather with other residents –free to everyone – everyday, they are cooking 75 meals, breakfast, lunch and dinner, for a lot of PPB families living in local hotel rooms; Animal Welfare Committee raised more than $8.6K at their fund raisers last year and spent more than $6K on spay and neuter (Councilman Gordon: put in plug for Chamber’s event at Europa South tomorrow night – an event letting the public know PPB is open for business).

Mayor Barrella: formed two ad hoc meetings at last meeting, with representatives from Council, Planning Board, Board of Adjustment (BOA), CO Gardner and Engineer Savacool – committees deal with zoning issues and flood mitigation – needed input on whether to adopt the ABFE maps - decision was taken away from us when we were pre-empted by the Governor on January 24th, because he has mandated that anyone who sustains more than 50% damage must build to its new requirements, which will not be final for public comment until around August – then, it will be about a 2-year period before it is adopted and put into place - everyone he has spoken to in Trenton has indicated that they don’t believe the flood elevations will increase – they’ve been assured by FEMA that any changes in elevation would be downward, not upward - discussions culminated in the ordinance on tonight’s agenda, by title, for zoning changes in regard to the new ABFE maps – ordinance, when drafted, based on Engineer Savacool’s memo, must be reviewed by the Planning Board – should be introduced at February 19th Council meeting, go to March 6th Planning Board meeting, and be ready for adoption on March 19th – have received a model ordinance from DEP regarding the ABFE – we may be forced to implement that ordinance, but may be able to challenge it – will introduce at the next Council meeting – from a flood mitigation point of view, concern expressed at both last Tuesday’s meeting and the Ocean County Mayor’s Association meeting on January 10th, was the need to create a barrier from the tip of the Barrier Island to the Manasquan Inlet to mitigate against flood waters rushing inland, as we experienced with Sandy - Army Corps has a project that’s been authorized and funding is available in the relief act that just passed – it’s dependent on the consent of beachfront property owners – there are alternative to dunes, like a seawall covered with sand and geo tubes - talked to Congressman Smith's office about funding and other mitigation projects, and was asked for comments for his office to take to an upcoming FEMA meeting – DCA Commissioner Constable met with Administrator Riehl, CO Gardner and him – advised that there is money coming, apart from the ICC and other hazard mitigation funding, to be unveiled in about the next 2 months - State believes it will help residents to comply with new ABFEs and the need to raise their properties – following their meeting, Mr. Constable met at the home of resident Mitch Winter, whose first floor was flooded – the Commissioner spent about 45 minutes there – Mr. Winter’s architect was there and it led to a good dialogue and a conference call yesterday with CO Gardner, DCA Construction Head Ed Smith, and himself – discussed issues such as the fact that, if you have a 7-ft foundation, that counts as a storey, making most houses 3-storey homes, which require sprinklers – Mr. Smith doesn’t think sprinklers would be necessary, as long as there is no living space in the foundation – that’s on existing construction – they have a different take on new construction – if you build a new house, that 7 feet would count as a storey – consensus at State level, and among PPB board members and professionals is that there is a difference between existing construction that has to be elevated, and a tear-down, where you are building a new house – took Mr. Constable to the Boardwalk – he saw Arnold Avenue, where there is nothing to stop the water from rushing in during another storm – told him we hope to be up and running at that intersection by Easter and at both wings by Memorial Day – invited him and the Governor to come back on Memorial Day and visit – attended January 23rd NJLM conference, where there was a discussion with DCA’s Tom Neff about CDL Federal Disaster Loan program - had until February 1st to apply – spoke to the program’s administrator that day and texted Administrator Riehl from the meeting, telling her to get the application in (Administrator Riehl: she turned in the interview questions and all of the supplementary documentation - they want to meet here on Friday) spoke to Congressman Runyan at the Ocean County Mayor’s Association meeting regarding same issues discussed with Congressman Smith – was in Trenton on Thursday to listen to Governor Christie’s speech – spoke to him for a moment – he specifically recognized PPB in his speech as a town that has made substantial progress towards clean up and getting ready for the summer – tried to talk to him about how woefully inadequate the response has been in terms of flood insurance - in today’s “Asbury Park Press” there was an article in which the Governor lambasted the National Flood Insurance Program for being completely out of touch and not getting things done; need a Recreation Committee liaison – they would like a count of Borough employees who may be sending children to the Summer Recreation Program this year and have them pre-register, so they know how many there are – volunteer Fire Company and First Aid members have been sending their children for free – the committee has no problem with that, but they hire counselors based on the number of children signed up for the program – because it’s free, some people sign up and only come a few times and others are left to pay for the additional counselors - suggested collecting the fee from the volunteers and, if their children attend a certain number of sessions, the volunteers will get their fee returned (Councilman Gordon: asked if we are really talking about a lot of numbers) the number of children affects the number of counselors – no one wants to bar them, just to keep them from signing up just because it is free; is meeting in Trenton on Monday with Marc Ferzan, FEMA and the DEP Commissioner regarding the FEMA map and the state’s response, etc.; Saturday night is the Chamber dinner – one of the Mayor's responsibilities is to swear in their Board of Directors - Chamber is honoring town employees and volunteers – fully plans on attending – Chamber chose to hold the events on the premises of a business that is engaged in litigation, which is without merit, against the Borough - today at 4 PM he was forwarded a letter that Martell’s attorney, Ron Gasiorowski sent to Attorney Gertner, stating that he will be denied admission to the facility – this is disrespecting not him, but the office of the Mayor of PPB – he can’t let that slide and he will be there – the letter was copied to David Bassinder not the owner, Scott Bassinder – this is an insult to everyone in PPB, and it’s a pattern – he did it to Councilwoman Tooker and copied the Ocean County Republican Chairman – if he is denied admission, he will explore his options– perhaps he can install the officers by the ATM machine on the Boardwalk or at the police sub-station – he will stand there and greet his employees as they come in.

Administrator Riehl: discussed participation in the Hazardous Mitigation Grant Program – will be administered through the Borough Engineer's office - competitive for funds - Statewide maximum has yet to be determined – there is established criteria, which has yet to be determined - Borough would be the applicant and homeowners could sign on as sub-recipients to the application – would be for homeowners who are considering raising their homes – it is in addition to ICC funds – there is an application to be filled out by anyone interested – will be available tomorrow on the PPB web site and in the Administrator’s and Clerk’s offices – application must be filled out by the homeowner and submitted to the Borough by March 8th – Borough will decide whether to compete for the funds and must send in a letter of intent by March 22nd - will be a table at the FEMA meeting tomorrow night to address mitigation and other areas.

Clerk Ellsworth added items p-w to Consent Resolution 1; Mayor Barrella: re-appointed Elaine Koscinski as his representative to the Planning Board.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 8:41 PM

John Vitollo, Point Pleasant Beach (PPB): getting close to lifting his house – one of 2 on his lot – he and his architect and engineer are at a standstill because they need to know if PPB is waiving setbacks for stairs (Mayor Barrella: if the house is too close to the sidewalk, something would have to be worked out – dependent on lot coverage; Attorney Gertner: 2 houses on one lot is a pre-existing, non-conforming use – a minor subdivision – will have to go to the BOA in any event; Mayor Barrella: it’s a land use issue – goal is to make it as easy as possible, without ignoring the regulations; Attorney Gertner: this is a unique situation – the BOA takes into account these unique circumstances to issue variances – because of the devastation, there is a massive volume – every unique circumstance is coming at the same time – it’s a balance – Governing Body has made it clear that they want to make re-building as easy as possible, balanced against their fiduciary responsibilities to maintain some vision within the Master Plan – working to do this to the best of their ability) doesn’t have 3 months to wait – has to do it now – is more than 50% damaged – has filed for the ICC claim – many decisions to be made (Mayor Barrella: he will have to have discussions with BOA Attorney Galvin) asked about waiving restoration permit fees (Mayor Barrella: decision was made not to waive them) asked when he would find out about setback issues (Mayor Barrella: won’t have an ordinance until next Council meeting; Councilwoman Tooker: should apply to the BOA in the meantime).
Vince Castin, PPB: asked how reassessment will be done if houses are under reconstruction (Councilman Mayer: will not do physical inspections – this will revert back to pre-Sandy land improvement value as of October 1st – there is also Sandy damage assessment, which will come off the improvement value; Mayor Barrella: if you sustained $15K as a result of Sandy, and you made those repairs before January 1st, whatever the assessed value was on October 1, 2012 is what your assessed value is going to be – if the damage was not repaired prior to January 1st, they would deduct $15K from the value of the improvements until those repairs are made; Councilman Mayer: there is the possibility of some land value adjustment on the Sandy damages – Assessor Carpenter is still thinking about that; Mayor Barrella: both the October 1, 2012 value, and the assessment for Sandy damage will be shown on the card when the assessment comes out on April 15th) asked about the viability of dune reconstruction (Mayor Barrella: believes the Governor will do what is necessary for people to give those easements, or the legislature will step in – PPB is a different issue because it affects business capacity – need guidance from the State) asked about the Robin Hood Foundation.
Dave D’Amico, PPB: clarified permitting issues for lifting and waivers for new construction and building lot coverage (Mayor Barrella: would require a variance to go above 35’ – since going for a height variance, BOA will require one for lot coverage also – recommendation from the professionals, Planning Board and the BOA, is not to change any rules for new construction) asked if there is consideration to raise the height elevation (Mayor Barrella: no – not on new construction).
Ben Dispoto, PPB: followed-up on what Mr. Castin spoke about (Councilman Mayer: land and improvements will be reassessed – there are 2 components; Mayor Barrella: as if Sandy never occurred) asked about land depreciation due to Sandy (Mayor Barrella: Mr. Carpenter is considering a land reassessment as well; Councilman Mayer: when comparing re-sales to PPB’s assessed value, the assessed value is 117% of the re-sale number, so if the house was assessed for $117K, it would sell for $100K – assessment was 17% over-assessed) asked if tax rate would be affected (Mayor Barrella: explained how the tax rate is calculated) house and land value may go down, but tax bill may go up (Mayor Barrella: probably, if your value goes down, your bill will go down, unless everyone else’s value goes down more than yours; Councilman Mayer: in Mr. Carpenter’s words, the project is revenue-neutral – the purpose is not to raise property taxes) asked if commercial properties are included in this reassessment (yes; Mayor Barrella: cannot go back and reassess Jenkinsons because of their appeals).
Marilyn Burke, PPB: like most people in PPB, she was devastated by Sandy – received a lot of help from some groups– especially the police department, who rescued her from her car when the water was rising – Lt. Dikun was especially helpful in locating her vehicle – thanked him – DPW was marvelous in taking away much of the trash from several of her devastated properties – volunteers from the Masonic Temple were more than helpful when the house needed to be cleaned out – town went out of its way to be helpful to everyone affected; asked Councilman Corbally about cost of Little League field repairs and rebuilding of Surf Taco building; asked Councilman Gordon about vacant houses in the summer and how they will affect the temporary police force (Councilman Gordon: a lot of issues were resolved with the implementation of the parking plan – because of the vacancies, there is concern about potential squatters and vandalism – important to have the parking plan fully implemented – many areas of Districts 3 and 4 are like ghost towns and it’s made people who have been able to stay in their homes nervous at night – when the crowds start coming, we want to dissuade people who don’t belong in those areas to stay out – so police will have those challenges as well – believes this will be a banner year – so far ahead of contemporaries up and down the shore – could have a lot of day trippers, which will highlight the need for a full force) asked if he can estimate the number of tourists he expects (Councilman Mayer: no) have seen many ads for Cape May, indicating that since you can’t go to Pt. Pleasant or Bay Head or Seaside, come down to Cape May (Councilman: the Chamber is having an event tomorrow night, announcing that PPB is open for business) asked Councilman Mayer about the additional tax assessor (Councilman Mayer: he has 35 years experience - will assist Mr. Carpenter – paying him $50/hour up to 300 hours) asked Councilman Mayer if he is looking to increase the tax rate (Mayer: if the value of improvements goes down and the amount to be raised by taxation stays the same, the rate has to go up – the reassessment is revenue neutral – the number to look at is the amount to be raised by taxation – has hope for the Community Disaster Loan and mitigating the damages.
Dave Cavagnaro, PPB: thanked town for use of Reverse 911 – encouraged more use of it - asked if public was invited to ad hoc committee meetings – Reverse 911 may be a nice way to let people know about different meetings (Mayor Barrella: doesn’t think there will be another meeting on zoning – still some work to be done on flood mitigation); some towns have reduced sales tax rates – asked if PPB could get it based on the storm, to encourage more shopping (Attorney Gertner: Lakewood has both the Urban Enterprise Zone and tax abatement programs – must go through the Local Finance Board – it’s a commercial discussion – they are doing away with it - Marlboro has created a program through a private vendor - if you shop at local establishments, there is a credit back to the taxpayer that will reduce their property tax; Mayor Barrella: not sure a program like that would work in a downtown area – it works in Marlboro because of all the business on Route 18) reassessment seems to be a 2-sided sword – values are land-based, not improvement-based – improvement value will be key for a lot of people who are considering raising their homes – many people won’t be able to raise their homes without bringing them to code, if they go more than 50% - that is a much greater cost – asked if the balance of the total assessment can be shifted 50/50 rather than just the value of the land because property value is going to be a major factor for many homes east of the tracks (Mayor Barrella: that is a question for Mr. Carpenter – conventional wisdom was that the closer the house was to the water, the more valuable it was – doesn’t know if that still holds true).
Steve Hyduke, PPB: his property is predominantly a rental – thanked Council for this educational forum – has ¼ of the summer already rented and just received an inquiry from New Hampshire from people looking to rent for a month - people are coming – the number of people hitting his web page is just a little below what it was last year – the interest is there – asked about the timeline for the mitigation grants – been working with the building department on plans to raise his house and is ready to go - can't do anything before the mitigation grant application is in – asked if that’s his application or the town’s application (Administrator Riehl: you have to hand it in and then we have to get it to the State – FEMA has not set a definitive time for the program yet – they have indicated it will likely be 6 months before there are any funds available) if he doesn’t get this done by Memorial Day, he is out 4 or more tenants – needs a date (Mayor Barrella: excellent question, but they have no answer tonight - should come tomorrow night and ask that question; Councilman Reid: asked if he can rent his house this summer without raising it) right now it’s a shell – makes more sense to raise it before finishing the inside (Councilman Reid: thinks it will take more than 6 months – there are different Federal grants coming in to the state – understands it will take 1-1.5 years; Administrator Riehl: it says, under the current guidelines, property owners are not eligible for reimbursement for work already performed – approval must be granted in advance of any construction – can’t do anything until we are granted – when we get it, it goes to the State and the State sends it to FEMA – at some point, the grants are prioritized – might be the Borough’s responsibility to prioritize; Councilman Reid: in New Orleans, it took more than 3 years before money came in and those that did work were out of luck – advised him to come tomorrow and ask his questions – FEMA doesn’t have any money and that’s the problem).
Pat Knight, PPB: asked what to do if you run into someone who's gouging – understands it’s happening (Administrator Riehl: had a State representative come in to see her about 2½ weeks after the storm – can report it to him - she can provide his information) her contractor said to fix her house and then raise it (Mayor Barrella: that only works if you weren’t more than 50% damaged, or you won’t get permits to work on the house) if you are under 50%, you can get help to raise it: Councilman Reid: still might have to raise her house if she is in an A-Zone) has heard that her house won’t be done for 2 years, because of all the steps you have to go through (Councilman Reid: there will also be Community Development money coming into the State, which will take time, but which can be put towards raising your house) asked how the 50% is determined (Mayor Barrella: the new assessment might have an impact – if applying today, must go by what’s presently on the books (Councilman Reid: if you’re in an A-Zone and don’t raise your house, you will never be able to sell it, except for cash).
Sandra McKinley, Counselor with the Hope & Healing Project: help people reach resources – it is projected that people will have a lot of psychological issues because of the down side after the storm – left some posters and literature – offered them to any businesses present.
Patricia McAdam, PPB: asked who John Kern is – he called her and said he assessed the damage to her house from the outside (Mayor Barrella: could be one of the inspectors hired by Mr. Carpenter) asked if she can get him to come in the house (Mayor Barrella: most assessors have been basing assessments on the damage around the house, they have not been in (Councilman Mayer: the State Division of Taxation’s checklist is not as precise as one might think – suggested she reach out to Mr. Carpenter if she has questions about what his assistants are doing – it’s not a full-blown walk-through of the house, item-by-item - they do percentages; Mayor Barrella: any evaluation is subjective and within a range) was told by FEMA that, after she applies, she will get an email saying she is approved and can start the process (Mayor Barrella: should come tomorrow night).

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 9:45 PM

Councilman Reid: asked about item 1/a – asked what happened to one-way street
designation – just seems to be about the light at 35 and New Jersey; Councilman Gordon: puzzling that there’s a light at Atlantic with another one block prior; Councilwoman Tooker: told them we didn't want it – don’t have a choice; BA/CFO Riehl: when we met with them, they said they would implement both at the same time; Councilman Gordon: one way east with angled parking in front of the park; Attorney Gertner: PPB would have to authorize that by Ordinance as Forman is a town street, although it relates to the State plan as it’s off a State highway; Councilman Gordon: St. Peter's was in favor of it; Attorney Gertner: I think it raises enough questions that we should wait and line up with them what you want to see before you sign the agreement – their plan isn’t addressed in this agreement, it’s only about the light; Lt. Dikun: Police are unaware of the reasoning – everything looked at, by way of statistics, is that if you’re going to put in another light, it should go on Forman Avenue – on the basis that there’s a school there, you’d want some traffic control at that intersection – unless the Chief has received more recent information, we’re unaware of the rationale for placing it at New Jersey Avenue; Councilman Reid: suggested waiting for the Chief – remembered some meeting where we were showed the design – then talked to some people on both Forman and New Jersey who were in favor of it – personally, worry about people heading south and making a left in the summer – having a red light might back cars up onto 35S; Councilman Cortes: if you’re driving east on New Jersey, the hedges block your view at 35N – most dangerous thing there; Lt. Dikun: it’s an oddity that the stretch of New Jersey between the highways isn’t lined and normally you would see that with a controlled intersection; Councilman Gordon: asked if Councilman Reid had spoken with DOT Commissioner (can bring it up when he meets with him next week) because no one seems to be in favor of this; Councilman Reid: am now, but wasn’t in the beginning – need to make the one way at the same time – this was brought up months ago; Councilman Gordon: thought the one-way on Forman was a mutually exclusive event – they were going to do that whether or not you put a light at New Jersey; Councilman Reid: think they want to do it all together; Attorney Gertner: there are circulation issues and being it’s a State highway, DOT has to coordinate that; Councilman Gordon: the problem is, if you drop you child off on Forman, you literally have to go all the way to Arnold to come back up; Councilman Reid: there’s Atlantic; Councilman Mayer: there’s a light there – you’re not going to be a able to get out except at Ocean Avenue south; Mayor Barrella: hearing everyone’s unhappy with it at this point, so we’ll just hold it and get some answers; Lt. Dikun: don’t know if it’s boilerplate language, but it talks about a traffic condition existing at New Jersey Avenue which suggests that there’s been some type of traffic study there – assuming that’s the case, would be curious as to what it indicated; Mayor Barrella: think traffic condition referenced might be the State highway, railroad and town road. Councilman Mayer: asked when route was approved for St. Peter’s run in 1/m and if it was unusual to have it separate – asked Councilwoman Tooker about AWC bench application; Councilwoman Tooker: Phil McManus had been feeding the “Risden’s” cats for the last decade, long before the AWC was in existence – faithfully fed them and cleaned up after them – knew them by name and they knew him – he had a heart attack and passed suddenly – his widow asked for donations to AWC in lieu of flowers and the Committee has received over $2,000 – those at his funeral talked about his love for these cats – as a Committee, would like to put a bench for him on Boardwalk by Risden’s once the Boardwalk is restored there; Clerk Ellsworth explained the wait list one has already been approved and those on the other list will be waiting a long time for bench placement – most applicants want their benches near the inlet and there is a need for more benches on the southern end of the Boardwalk, which is where the AWC bench would be located – would become #27 on wait list #1.
Motion by Councilman Mayer to approve items listed below was seconded by Councilman Reid and carried by roll call vote:
a) HELD (Authorize Mayor to execute NJ Transit traffic signal agreement – 35N & New
Jersey Ave)
b) Appointment of Engineer Savacool as alternate Municipal Representative to Ocean
County Community Development Block Grant Committee for 2013
c) Approve ABC Social Affairs permit application for Berkeley Emergency Response Team
on 3/21/13
d) P O to All Time Auto Body for police vehicles lettering ($1230)
e) P O to Eagle PointGun for police ammunition ($4012.14)
f) Payment to All Time Auto Body for police vehicles lettering ($3708.60)
g) P O to H Kees & Sons for “Sandy” repairs to Little League fence ($5915)
h) Approve interlocal agreements with County Prosecutor for DWI Enforcement and Fatal
Accident Support Team programs
i) Support for A-2753/S-1923 requiring energy receipts to be paid directly to municipalities
j) Approval of Payroll #2 ($245,913.33)
k) Approve American Cancer Society “Breast Cancer Walk” S/E application for 10/20/13
l) Approve Clean Ocean Action 28th annual “Beach Sweeps” – 4/27 & 10/19
m) Waive street use fees for St. Peter School PTA ‘Fisherman’s 5K’ on 3/23/13
n) P O to All Time Auto Body for painting cab of truck obtained at no cost ($1350)
o) Approval to add AWC bench application for bench placement by Risden’s beach to
bottom of wait list #1
p) Authorization for Borough Administrator to solicit quotes for sand sifting – Closed
Session Item
q) Appointment of M & M Assessment Services as consultant for town-wide reassessment –
Closed Session Item
r) Authorize the Borough Attorney to draft zoning ordinance – Closed Session Item
s) Establish water/sewer “Ready To Use” charge waiver policy – Closed Session Item
t) Authorization to advertise to hire P/T clerk in Building Department – Closed Session
u) Authorization for Code Enforcement Officer to waive mercantile license late fees for
those businesses located east of the railroad tracks
v) Authorization to hire temporary P/T code enforcement officer
w) Authorization for O’Donnell Stanton to proceed with sanitary sewer preventative
maintenance project
VOTE: Council Members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA

Ordinance 2013-02 (Parking Restrictions on Borough Roads) was introduced on first reading.
Councilman Gordon: Channel Drive resident concerned that Channel Drive is no longer included, but was unable to appear tonight – opportunity to take care of Channel Drive businesses that had expressed concern – assure citizens that quality of life of Channel Drive residents will be monitored and if severely impacted, Ordinance can be amended in the future; Councilman Cortes: performed due diligence and doesn't think it should extend into District 3 – last meeting, proposal was to include as far west as Chicago and as far south as Atlantic – new map goes to St. Louis – 97 residents in that area of Laurel Court, Trenton, Forman and Atlantic – was able to get a total of 60 phone numbers and called them all – spoke directly to 19 people with 10 against it, 5 for it and 4 undecided - at 34 numbers, either got a message or they were disconnected, which leads to assumption that they’re displaced – if I was displaced, parking plan would be last item of concern – if Council decides to go forward, should just be district 4, with or without Channel Drive, and utilizing the police recommendation of dashboard placard in lieu of hanging tags; Councilman Mayer: threshold issue is whether this ordinance, in its entirety, helps in ‘Sandy’ recovery – does Council think it’s a positive – assuming that decision’s been made, would like to hear theory on area and talk about the hours and delegation to Police Chief of where to place placards; Councilman Gordon: two citizens, one at last meeting and one tonight, make an argument for this plan because the areas severely impacted are ghost towns – there is a very large concern about potential vandalism in these areas – can’t spread our police force that thin to enable monitoring of Boardwalk activities and every single street affected by ‘Sandy’ - this helps with that particular situation; Councilwoman Tooker: agreed with Councilman Gordon - valid argument - asked if anyone had heard from residents in D4 who didn't want the parking plan back or that it didn’t improve their quality of life; Councilman Reid: during campaign, along with Councilman Cortes, talked to many people - more in favor than opposed in D4 – have real problems with extending it into D3 – would have preferred stickers to placards due to complaints about receipt of tickets due to hanging placards falling down; Councilman Corbally: Chief has recommended dashboard placards so there will not be a problem with them falling down – stickers are not transferable; Councilman Reid: shouldn't be transferable - asked if Council was trying to take over the County roads; Mayor Barrella: way it's written, if County doesn't give us permission, they will not be covered – if explored and decision made, at some point in time, to take over the County roads, then they would be covered; Councilman Cortes: using Woodland Avenue as a benchmark because it was just repaved and Councilman Mayer could provide the cost of same – that measured roughly 1466 linear feet - Chicago is 6251 linear feet, or 4 times as long – it may not have to be repaved immediately but when it does will cost about 4 times what Woodland cost – Baltimore is broken up by the lake but it measures 3970 + 2098 – each are bout 4 times as long as Woodland; Councilman Corbally: asked if that was the entire street length or just the area affected by parking plan; Councilman Cortes: entire road - don’t think you can only take over a portion of a County road; Councilman Corbally: in the past, normally, County paves and curbs just before turning it over; Councilman Cortes: storm drains and plowing would take more time – does benefit outweigh; Councilman Gordon: benefit would be, town now controls those streets which were not plowed by County in a timely manner; Mayor Barrella: this is a separate issue to be addressed at a later time: Councilwoman Tooker: would be a swap of roads with the County; Councilman Cortes: Borough Engineer related that County would be willing to relinquish – might not have to swap; Councilman Reid: need to discuss that issue more - don't like extending into D3 - only spoke with 2 people in D3, after campaigning two years door-to-door, that wanted a plan in D3- if you want to say it worked in D4 last year, fine – the police did a great job - keep it in D4, but don't extend into D3; Councilman Mayer: asked for rationale of extension to Forman Avenue and St. Louis; Mayor Barrella: if you don’t want to include Trenton or Forman to St. Louis – but Laurel because of its close proximity with just making that turn up, led to a number of people on Laurel complaining about people parking there – you come around Baltimore, it becomes Trenton – ends at Chicago – only one block further up to St. Louis – Trenton, on the other side, turns into Forman where it turns around – it seemed rational – as far as Laurel, it needs to go all the way to St. Louis; Councilwoman Tooker: near busiest part of Boardwalk – must be talking to different people - haven't come across anyone in D4, where I own a home, who didn't like it and have heard from several people from Laurel and Trenton to have it extended – whatever the people want, had several positive emails and one letter; Councilman Reid: reiterated, whatever the people want – why I changed my mind, as the majority of D4 wanted it, I’m okay with D4 - have four friends on Laurel Court and not one has reached out to me - okay with D4 but not D3; Councilman Mayer: asked how hours were selected – suggested 12:30 to 4 AM – whole surf fishing culture which commences at 4 AM on the beach; Mayor Barrella: plenty of parking at Inlet lot, Silver Lake lot and Ocean Avenue, but if it means you vote yes, can live with 4 AM; Councilman Mayer: asked if there was a way to make it easier for BA/CFO’s office to disseminate parking plaques; BA/CFO Riehl: had help from volunteers stuffing envelopes for residents, but when it came time to do employee passes, they had to be handwritten and it became cumbersome – some of the businesses had 400 to 500 apiece; Mayor Barrella: that’s why there’s need for certification this year – last year, one particular Boardwalk business, that’s smaller in respect to the number of employees than another business, had a request for about 2.5 times the number of passes that Jenkinsons asked for; Councilman Mayer: asked if they had to provide employee names (names, addresses and license plate numbers) seems odd to regulate placard placement as “in a manner to be determined by the Chief of Police”; Attorney Gertner: old version – newest version regulates as “displayed conspicuously on the driver’s side dashboard in a form to be approved by the Chief of Police and confirmed yearly by resolution of the Governing Body” – the Ordinance states specifically where it has to be – it delegates the design to the Chief, who talked about changing colors annually – he will designate same each December and it will be presented to the Governing Body for approval; Councilman Mayer: received draft from Attorney last week, with a different description of the area - than three suggested descriptions from the Chief – received Maryann’s draft this morning - asked if there’s another one (Clerk Ellsworth: one went to your home this morning and I also sent a copy to your office and then sent red-lined version as per your request – the red-lined version, was not the final version and did not contain the updated placard placement wording but rather still read " in a manner to be determined by the Chief of Police") the three maps the Chief sent out ten days ago were different – went from Broadway to Forman; Mayor Barrella: the new one goes from Broadway to Forman; Lt. Dikun: the maps were not advocating any type of zone but to provide Council members with a visual so they could decide what was in the best interests of the community; Councilman Gordon: those areas were the most policed areas, although there are other areas that are covered; Mayor Barrella: the map Clerk Ellsworth sent out on Friday was sent at my suggestion – that way the entire Council would have a visual of what was in this – it goes to St. Louis but it’s up to Council to decide what to do; Councilman Reid: 5 AM is fine for the fishing boats – happy with factors, happy with time – not happy with extending to the third district; Councilman Mayer: will agree to any area if it’s on ballot in November; Mayor Barrella: already explained why that’s impractical; Councilman Gordon: sets precedent for Council to set a referendum for every decision Council has to make – we were voted onto this Council to make decisions on behalf of the public – whether we’re perceived as right or wrong, that’s our charter – it’s the coward’s way out to put it up to the public and let them make our decisions for us - setting a very bad precedent; Councilwoman Tooker: our townspeople are very well informed and vocal – they’ve been very vocal in prior years on parking – haven’t hear anything but a few positive messages - none of the Council lives in the affected part of D3; Councilman Cortes: live in D3 and am affected during the day by Bradshaw’s; Councilwoman Tooker: there ‘s a lot of people out there that would love a daytime parking plan; Councilman Cortes: disagreed with Councilwoman Tooker; Mayor Barrella; not in favor of a daytime parking plan – don’t see the need for it – enjoy sitting on my porch watching a young family, whose father has a chair on both shoulders and is pulling a wagon filled with toys – it reminds me of when I did that - not about tourism – simply to control that late night crowd that has caused problems and this helped fix that problem – as to the question of the impact on tourism, raised by Councilman Mayer, nobody knows – what was in here was discussed with representatives of Jenkinsons, our largest tourism business, and they don't think this will have an adverse effect – think what we have is one businessman who feels he has the right to control the streets of PPB and not this Council – it’s a benefit - last year parking revenue was up and think part of it was that people went into our parking lot earlier – the impact on tourism is nothing but a positive; Councilman Corbally: amazed that Council members are even debating the fact about whether this worked or not – people that live there will tell you they could sleep at night with their windows open, there wasn’t the garbage on the street, there wasn’t the lawbreaking going on –with the houses full, the quality of life improved now, with the houses empty.
Councilman Mayer made the motion to approve Ordinance 2013-02 with change of hours - 12:30 AM to 4 AM. Mayor Barrella: asked if 4 AM or 5 AM made a difference to the Police (probably not). Motion was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Tooker, Gordon, Corbally….YEA
Councilman Mayer….ABSTAIN
Councilmen Cortes and Reid….NAY

Ordinance 2013-03 (Parking Rate Change/Arnold & Washington Aves) was introduced on first reading.
Motion by Councilman Mayer to approve Ordinance 2013-03 on first reading was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council members Tooker, Gordon, Mayer, Corbally, Cortes, Reid….YEA


Dave Cavagnaro, PPB: asked Council, if when PPB took River Avenue back from County, did any member of Council measure the street, say we shouldn’t because of costs or say we should have a referendum to find out from the people – asked if Council forgot that when PPB took River Avenue, the County did not trade – PPB took it as it was, bore the costs and not one Council Member complained or suggested asking the rest of the town, because all PPB residents would drive down this street and if you’re going to change it all should be aware, discuss it and let the people vote because it affects everyone in this town – nobody did it – nobody questioned the cost to the rest of the town for paving, cleaning and plowing – but now there are drunks staggering down the street – our police do a great job in my district, but we had to pass an ordinance last year that says it’s illegal to defecate on somebody’s lawn – but now that they’re not on town streets, they’re in our parking lot instead – I walk my dogs everyday and last year, Niblick, Parkway and Central were nice & clean – my house is on the corner of Baltimore & Parkway – on Baltimore, every morning, there are beer cans, beer bottles and cups – I’m the living proof that what we couldn’t control, where the drunks could park, there is garbage – where they couldn’t park, it was clean, it was quiet - I told the story about my new neighbors, across the street, who were looking forward to the new experience of being residents close to the beach – within two weeks, they erected a 6 foot fence, with locks, security lights and central air because they couldn’t keep their windows open until the parking plan came into fruition and then they said ‘WOW, we can open our windows’ – I helped stuff the envelopes that sent out those permits.
Ben Dispoto, PPB: confirmed that Silver Lake lot remains free from 11 PM to 6 AM like last year.


Upon motion by Councilwoman Tooker, with second by Councilman Corbally, the meeting was adjourned at 10:31 PM by consent of Council.

TRANSCRIBED BY: Eileen Farrell, Deputy Clerk

ATTEST: Maryann Ellsworth, Municipal Clerk

Published March16, 2013 | Council Minutes | 1544

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