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March 5, 2013

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36 PM with Council Members Tooker, Mayer, Corbally, Cortes and Reid present. Councilman Gordon was absent at roll call and joined the meeting in progress at 7:28 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to enter closed session to discuss matters in which the release of information would impair the receipt of Federal funds, tactics and techniques used in protecting the safety and property of the public, 1 potential litigation matter, 1 litigation matter and 3 contract matters was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Tooker, Mayer, Corbally, Cortes, Reid….YEA
Councilman Gordon….ABSENT

Closed Session began at 6:38 PM and ended at 7:41 PM.

Mayor Barrella called the regular meeting to order at 7:44 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.

Clerk Ellsworth announced that nothing from Closed Session would be added to the agenda.

Motion by Councilman Corbally, to approve the minutes of the February 5, 2013 and February 19, 2013 Council Meetings, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer (February 5, 2013 only), Gordon,
Tooker ….YEA
Councilman Mayer (February 19, 2013 only)….ABSTAIN

Lori Thompson, Grants Program Manager, T&M Associates: explained the FEMA Hazard Mitigation Grant Program (HMGP) for home elevation – municipality’s Letter of Intent is due to Ocean County on March 22nd – residents who intend to participate have until March 8th to complete the form on the Borough’s web site and send it to her or the Borough – public can call her with questions – HMGP is a 75% grant funding program – Federal Government issues funding to the State, which disperses it to municipalities – the municipality is the applicant and, per current regulations, if awarded, would be responsible to administer funds and hire engineers, architects and a contractor – criteria will be based on FEMA’s Benefit Cost Analysis, which examines a home’s worth, prior losses and cost to elevate, to determine potential future loss – projects will be ranked – must receive a minimum +1 ranking for funding – after Letter of Intent is submitted, the State will take 2-3 months to decide if the municipality will get funding and move forward with the final application – full application is more detailed and specific to individual homes and takes 1-2 months to complete – would require meetings with homeowners who still wish to participate, elevation certificates, information about insurance claims over the years, etc. – primary residences with substantial damage typically rank higher than secondary homes – once FEMA approves the application, it takes 2-3 months to evaluate the project for environmental issues – once FEMA issues an award letter, it goes to the Borough for review and sign-off – would need to enter into an agreement with each homeowner to move forward – a 25% match is required for the program, and homeowners can apply for matching funds through the National Flood Insurance Program’s (NFIP’s) Increased Cost of Compliance (ICC) – those with substantial damage or 2 losses in 10 years that equate to 25% of the home’s value, would qualify for ICC through their insurance companies – ICC is a separate claim, with a maximum $30K payout – per current regulations, those aspects of elevation done prior to receipt of a FEMA award would not be eligible for reimbursement – provided handouts about ICC, HMGP and the increased insurance cost, if one is required to elevate and does not.
Mr. Ludovico, Point Pleasant Beach (PPB): asked, if he has already applied for a FEMA loan and has been approved, but hasn’t accepted money yet, if he must complete a whole new application (Ms. Thompson: it is a completely different program – he has applied under individual assistance as a homeowner – public assistance is a municipal application).
Patrice Knight, PPB: asked about ICC (Ms. Thompson: explained it once again).
Councilman Mayer: asked, if raising a house, if one can live in it beforehand (Ms. Thompson: there are 2 issues – if substantially damaged, it is up to the municipality whether to issue a temporary CO – if not substantially damaged, can live in the house, until contract is awarded and contractor provides a schedule); asked if a deed restriction is put on a property, if required to have flood insurance (Ms. Thompson: yes – if one participates in HMGP and gets funding, a deed restriction is put on the home, requiring flood insurance on that home forever); asked, if it’s determined one’s house can’t be raised, and he is selected for the grant program, if it will affect his current flood insurance policy or if he will be grandfathered (Ms. Thompson: elevation money is separate from what NFIP requires – even if one is not selected for funding, NFIP dictates their policies).
Mayor Barrella: so, if one is in a flood zone and required to raise his house, but wasn’t substantially damaged, he will have to raise it on his own dime – those with substantial damage will get first crack (Ms. Thompson: yes) so, those with little damage in a flood zone will end up paying for all of Louisiana.
Councilman Reid: asked that “The Patch” and “Ocean Star” publicize this online and that the Borough do a Reverse 911 (BA/CFO Riehl: this isn’t the first announcement – have received quite a few applications already; Ms. Thompson: probably more than 150 – most important information is names, address and residence location – she can get block and lot numbers, elevations, etc.)
Chris Pirl, PPB: asked about ICC claim amount ( Ms. Thompson: each town is a different – typically, if one is 50% damaged, it is determined by the cost of bringing the house back to pre-storm conditions – does not include elevation cost – if substantially damaged, must submit a letter from the Code Official, the tax assessment record, and 1-3 contractor quotes to the insurance company, open a claim and, if approved, would potentially be awarded $30K – some insurance companies will give up-front checks, others will provide reimbursement after everything is paid for – recommend submitting the claim sooner than later – if the municipality is approved, it would run in tandem – if denied, one would not have to wait for the ICC money) asked about knocking the house down and reconstructing (Ms. Thompson: FEMA does not pay for complete reconstruction – will allow demo with acquisition or elevation of existing property – can look into applying under ICC or NFIP – maximum one can get from insurance, under any claim altogether, for this disaster is $250K).
Bob Maloney, PPB: understands one can’t apply for ICC until insurance claim is finished, and ICC will cover the demolition and the new foundation, if rebuilding (Ms. Thompson: each insurance company is different).
Vince Castin, PPB: no guarantees – talking about potentials and maybes – could be a year (Ms. Thompson: if looking for HMGP funding, it is a long road, is not easy and could take 6 months to 2 years to potentially elevate a home – this is just a hypothetical – there is $375M available to the State of NJ for mitigation projects, elevation and acquisition – but PPB is competing against the entire State for funding).
Pat Feely, PPB: asked what PPB requires of those in a flood zone who must elevate (Mayor Barrella: must comply with ABFE requirements that the Governor put in place – will be dealing with house raising height requirements, in part, this evening).

Correspondence item was discussed and added to the agenda for action.

Mayor Barrella: complemented “Ocean Star” reporter, Colleen King, for her service – she will be missed.

COMMITTE REPORTS:

Councilman Reid: met with Water Department members and BA/CFO Riehl regarding what PPB charges to turn water on and off, weekend callouts, etc., compared to other towns– not out to make money, but need to be competitive and get in line with our neighbors – PPB charges $30 when our neighbors charge $60 – distributed a proposal to the Governing Body – Water Department employees would like an ordinance that levies a fine for tampering with the water meter – don’t currently charge when someone requests a meter test, but should, if there is no problem – would cost more than $30 to have a plumber shut off the water (added to agenda for action) 400 of 4,000 houses in PPB currently have the water shut off – usage in 2011 was 50.2 million gallons and in 2012 it’s 10 million – can’t imagine what it will be like after the storm (BA/CFO Riehl: those are just one month’s figures).

Councilman Cortes: Chairman of Fire, First Aid and Street Lighting Committee and liaison to the Recreation Committee – Fire Department is doing CPR re-certifications for their membership on the 20th – Fire Company #2 has a 1972 pumper truck – currently, all rescue gear is on the ladder truck – they would like to get rid of the pumper truck and replace it with a rescue-type truck – can discuss during budget process; Chamber is recognizing First Responders on the 8th; there is a disconnect order for flood lights that are keeping people awake on Trenton Avenue – temporary fix – hopes it will be done in the next couple days; met with Recreation Committee on the 25th – Mayor’s Trophy (basketball) game is on the 12th between the Beach and Boro boys’ and girls’ teams – there are some ideas for seniors – locks on the Little League field will be removed – it was locked by the Little League because of bicycle tracks and dog droppings on the infield – reminded all who bring their dogs there to chase geese to clean up after them (Councilman Gordon: that does not give them authority to lock the field) it will no longer be locked; getting ready for park program sign-ups – $180/child plus a late fee, if done in June – PTO is talking about enrichment classes; (Councilman Reid: would be beneficial to look into the rescue truck – makes sense to have a smaller truck for car accidents, etc.; Mayor Barrella: asked for cost) in the ballpark of $300K (Councilman Corbally: would be 5-year capital equipment request; Councilman Reid: might get $10K for the 1972 truck – in good shape).

Councilman Corbally: asked Council if they reviewed BA/CFO Riehl’s letter, which was drafted by CEO Petrillo, about debris – asked Council to agree that it be mailed on the 13th (Councilman Mayer: asked that Attorney Gertner look at it; added to agenda, subject to Borough Attorney review); met with the Tourism Committee – rescinded his request for $30K for advertising, as the other 2 groups involved couldn’t come up with matching funds – Committee will continue to meet – must bring the town together and advertise that PPB is open for tourism this summer, Boardwalk will be repaired, amusements open, and downtown is in great shape and is operational – Borough employees will keep the town as clean as possible to put on a great face – homeowners must help as well – that’s what the debris letter is about – asking people to take care of their properties; Little Silver lot will be cleaned and fixed – parking boxes installation starts this week; Surf Taco building is on hold until damage and cost to fix can be assessed (Attorney Gertner: addressed item 1/h – asked that Council approve, based on Zoning Officer’s recommendation, but that the notice include an explanation as to why the she has determined that these are attractive nuisances; Councilman Reid: asked what this is about; Mayor Barrella: properties that are substantially, structurally damaged that must be taken down or boarded up – asked if CEO Petrillo is writing this letter; Clerk Ellsworth: according to the ordinance, the Clerk writes the letter and sends it; Mayor Barrella: asked Clerk Ellsworth to write it and have Attorney Gertner review; Councilman Corbally: if they don’t board it up, town will; BA/CFO Riehl: correct; Councilman Corbally: in speaking to people from New Orleans, it helps if the boards are painted the same color as the house; Councilman Reid: asked about the ‘Waffles and More’ building; BA/CFO Riehl: that’s on the list for 30-day notice).

Councilman Mayer: Finance Committee has been working through budgetary issues – still a lot to do – BA/CFO Riehl is working on the Community Disaster Loan and fit it into the spreadsheet – need to develop the capital budget – that’s when things like the fire truck are considered – paying a lot of principal in this year’s budget – wants to try to keep on a downward slope – spoke with Auditor Korecky about the reserve for uncollected taxes, regeneration of surplus, deferral of school taxes – would like him to attend Monday’s Committee meeting, if available, as things are more complicated this year – must make progress this month on the “Sandy” bond ordinances – we are at the end of the road on “Sandy” damage, the aggregation of emergency appropriation last year and the emergency appropriations for this year – BA/CFO Riehl is working on dividing them into a refunding bond ordinance and a capital bond ordinance – all must come together with the budget – Division of Local Government Services (DLGS) will want to see it all at once; Building and Grounds Committee Chairman Corbally asked him to attend a meeting with Ben Kaiser and Chris Constantino of the Army Corps – BA/CFO Riehl attended also – discussed Loughran’s Point bulkhead replacement – 75% grant for construction costs from the State and an add-on for engineering – also discussed beach replenishment and dunes project – State wants PPB to obtain easements – asked Mayor Barrella how he plans to handle this (Mayor Barrella: letters requesting easements were authorized at the last Council meeting – BA/CFO Riehl should work on them with Clerk Ellsworth, Attorney Gertner and Councilmen Corbally and Mayer and get them out – asked how many properties would receive letters; BA/CFO Riehl: 35 private and 1 public; Mayor Barrella: should get them out through BA/CFO Riehl’s office – she is free to delegate) they’re not finished with their plans – they have funding and discussed cost sharing, which is, preliminarily, 65% Army Corps and 35% local, which is split 75% State and 25% County and Municipality – no commitment yet from the County – long, interesting project; Tax Assessor Carpenter is moving forward with reassessment – has finished more than 80% of properties – should wrap up this month; spoke with Board of Education President Ireland – introducing school budget tonight – it will not provide funding for School Resource Officer; PPB Education Foundation dinner on April 12th is honoring Alumni Chief Daniel DePolo and Michael Manzo, teacher Bob Strauss, and St. Gregory’s volunteers.

Councilman Gordon: reported on Police activity for February 18th through March 5th – 10 arrests for incidents not limited to disorderly conduct, resisting arrest, possession of a controlled substance, possession of a controlled substance in a motor vehicle, possession of a controlled substance with intent to distribute, criminal mischief, forgery, eluding, and DWI – hopes the incidences of controlled substance are not a trend for PPB, but there are a number of disturbing statistics, including the arrest of a 43-year-old female from Point Pleasant who presented forged prescriptions to a pharmacy in PPB in an attempt to obtain medication, the arrest of a 23-year-old female for eluding and possession of a controlled substance and hypodermic needle and numerous motor vehicle violations, and the arrest of a 23-year-old from a local motel for possession of drug paraphernalia and a controlled substance with intent to distribute – 6 other suspects were arrested on outstanding traffic and criminal warrants – there were 12 motor vehicle accidents, 9 First Aid calls, 11 theft complaints, 2 burglary complaints and 4 calls for criminal mischief – expressed gratitude and complimented the Police Department.

Councilwoman Tooker: Animal Welfare Committee’s annual spring fundraiser at The Ark is March 24th; Student Council’s Senior Citizen Luncheon is March 20th, 11 AM at Vicino di Mare – free and open to area senior citizens – call the High School to RSVP – thanked the Recreation Committee – hopes there will be more senior citizen activities in the future; thanked Officer Grace for keeping all posted on the storm – invited all to sign up for Reverse 911 on the web site; asked if Council is interested in ‘buying of the boards’ program for the Boardwalk – Lavallette gets $250 per board and they can be individually inscribed (Councilman Mayer: Community Endowment fund could assist in various aspects of Sandy – doesn’t think many people know about the fund) donations are tax deductible (Councilman Reid: asked the status and cost of the benches) they are being stored and will go back after Boardwalk is rebuilt (Clerk Ellsworth: letters will go out to owners to view and assess if they are damaged – they are $400 plus inscription – people who have had benches up there have first crack at putting them back) will e-mail the Community Endowment Fund to see if they are interested; will inquire from NJNG about Smart Gas on behalf of the Environmental Commission (Councilman Reid: great idea – they have something in Lakewood); e-mailed Council about a parking spot, which is blocking view at the High School, and could cause accidents (Councilman Reid: would need input from Chief and Engineer; Councilman Cortes: there are also a tree and a telephone pole that block the view; Mayor Barrella: PPB doesn’t own the parking lot – just have an easement or right-of-way; Councilman Gordon: need to thank the student who brought this to Council’s attention); basketball teams are doing amazingly well; ban on phone participation at meetings is against the spirit of the Open Public Meetings Act – has spoken to attorneys about it – it’s nice to have, not to be used willy-nilly, but once in a while, if someone is infirmed or there is a bond ordinance that needs 4 votes, etc. (added to agenda for action).

Mayor Barrella: Lt. Governor was in Bay Head on Friday – sent a letter on the 26th to DOT Commission Martin, copying Governor, Lt. Governor, etc., complaining about the Route 35 project and how it’s scheduled to start in June at the PPB/Bay Head border and continue through summer – business owners in both towns are concerned that traffic will be horrendous and people won’t come – would be easier to divert to Belmar or go to Seaside Heights – got a call today from the Deputy Commissioner’s office to meet with him and his staff – will get dates to Bay Head Mayor Curtis and will see if Point Pleasant Mayer Schroeder wants to attend, to see if timing can be changed, or project can be started beyond Mantoloking, where there are 4 lanes – can do PPB, Bay Head and Mantoloking, where there is only one lane in each direction, in winter; in today’s “Star Ledger,” the Governor said he would appeal the decision of the District Court of NJ, which struck down NJ’s attempt to implement sports betting, because it’s not fair that Nevada can have sports betting and NJ can’t – it’s not fair that Newark can do something but PPB can’t – will be writing the Governor and reminding him of that.

BA/CFO Riehl: will have 2 children of Borough Employees attending the Summer Recreation Program, which is a reduction from prior years; meeting tomorrow at 10 AM with FEMA representatives to submit paperwork and get the ball rolling on the money coming in.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 8:46 PM

Toni Pecunia, PPB: founder of Shore to Recover – been volunteering in town, providing residents up to $500 worth of building material and supplies – been going door-to-door, trying to determine needs – have a Solution Center at the Masonic Lodge – have a Help Request form on their website, www.shoretorecover.com – there is also a Resource List for all of Ocean County, broken down into towns – will provide assistance at the Lodge on Saturdays and Sundays, 9 AM to 3 PM – volunteered to help clean Pleasure Park and Veterans Park – can also provide volunteers to help with cleaning the outside of residents’ homes – asked that the town work with and refer people to them – they are accepting donations at the Lodge and there is a donation bar on their website – they also need volunteers and materials like dry wall, insulation and sub-flooring – trying to re-assist people back into their homes – have provided 237 families with gift cards and assistance to get them through the beginning phases – are now on Phase II (Mayor Barrella: asked for the criteria) need to complete the form – volunteers will go to the house, evaluate, and set up dates to provide services, making sure they have the right building supplies, materials and volunteers (Councilman Mayer: advised her to give her contact information to Clerk Ellsworth to include on the Borough’s web site and asked her to coordinate the park clean-up) it’s a great way to get the community involved (Councilwoman Tooker: can coordinate with the Environmental Commission’s spring clean up; Councilman Reid: DPW Superintendent Trout should be involved in the park clean-up) when they go door-to-door, they let homeowners know that construction materials must be disposed of properly, and they must have either a Waste Management bag or a dumpster available.
St. Barnabas NJ and NJ Hope and Healing representative: they are still available to help with the emotional distress caused by Sandy – distributed brochures and invited questions after the meeting (Councilwoman Tooker: left a message on her voice-mail a few days ago, looking for a guest speaker, and no one called her back) she will talk to Councilwoman Tooker after the meeting and get someone to cover (Councilman Reid: should work with Shore to Recover, as they are on the front lines and could put them in touch with those in need) is happy to.
Dave Cavagnaro, PPB: thanked Mike Ormsby and Bill Dwyer of the Water Department for going above and beyond by helping him carry Beautification Committee flags and other materials to the Borough Hall basement; thanked Council for providing Closed Session information to the public; asked about raising Water Sewer utility rates to match other towns – utility doesn’t operate for profit – basis for raising rates should be a shortfall in the Department – if there is no shortfall, Council shouldn’t authorize this (Mayor Barrella: there is only $50 in the Water Sewer surplus – costs have increased – will evaluate as costs go up).
John Colvin, PPB: e-mailed Mayor and Council and BA/CFO Riehl about the possible dredging of Little Silver Lake and infrastructure around the lake – over the past 80 years, the depth of that lake has gone from 15’ to inches – there is no place for water to go – flooding will continue in these areas unless the lake is dredged – Master Flood Plan of 2007 talks about constant cleaning of storm drains, pipe replacement, remediation of the lake and backflow valves that have been operable for decades – they are supposed to prevent storm surges from coming into the lake and flooding that area – his neighbors have been affected for years – in 2007, they spent $500K, demolished their house and raised it – so, they were fine with the Sandy flooding, except for losses in the garage – met with form Administrator Meany, who showed him a map, which showed that every drop of storm water goes into that lake from as far away as the High School – lake should have addressed been before Lake of the Lillies – would like something done with FEMA money or whatever (Mayor Barrella: he and BA/CFO Riehl met with Ocean County on Thursday and addressed the dredging and remediation of Little Silver Lake – forwarded his e-mail to Engineer Savacool; BA/CFO Riehl: Engineer Savacool was authorized to proceed with plans and design; Councilwoman Tooker: been talking about this for years – authorized the Engineer, but then Sandy hit) beach sand and salt has gone down the storm drains – they are probably packed with sand – if not, it’s all in the lake – with Sandy, more debris and silt has gotten in there – has seen what his neighbors are going through – they will be cringing tomorrow when that water starts coming back on their properties – 2 days after Christmas, their street had 7” of water – shouldn’t have happened – town has done a great job with clean-up and they appreciate it, but this issue must be addressed quickly for the future.
Vince Castin, PPB: asked if items 1/e an 1/i are related (Mayor Barrella: no – $48K is for the original work and the other is for “Sandy” damage) asked if the fence is insured (yes) asked about item 1/c (Mayor Barrella: Labor Counsel Gannon also handles matters that he started when he was our Borough Attorney, as per tradition) asked about 1/h and who is working on the criteria (Attorney Gertner: first step is the notice requirement – Code Enforcement determines who gets it; Mayor Barrella: there are structural criteria well beyond Mayor and Council’s expertise; Attorney Gertner: notice will provide the criteria under which the Code Enforcement determined that they ought to receive it) asked about the salary range for Confidential Secretary, which is $28K - $72K (Clerk: that range is for personnel who have been working here long term – will ensure to adjust before it goes into the newspaper).
Max Gagnon, PPB: spoke about the windmill – when first installed, it had a dead battery, so there was some fluctuation – then “Sandy” struck, bending one of the blades and an upper and lower arm – spoke to the manufacturer, who sent a brand new one, which was installed last week – should be in good shape, except that Sandy took the fence and stone away – one of the stones on that pad weighed 8,000 lbs. and it’s gone – must replace stone and fencing; couple days ago, Open Space Chairperson Lightburn asked him to see the old Risden’s building and speak to the Governing Body – he looked at it today – it’s quite sorry – pilings are on their way out – should replace the pilings and the whole (Mayor Barrella: are evaluating that – CO Gardner and Mr. Cox of the Open Space Committee will inspect); summer is coming quickly – won’t be able to do anything before summer – Ms. Lightburn would like to keep the nostalgia of the separate changing spaces – but they take up a lot of room – they could go and the front could be used on an emergency basis this summer – don’t want to do much, because the plumbing is in sad shape – offered to accompany Mr. Gardner and Mr. Cox.
Ann D’Agostino, PPB: asked if PPB or the County plan to sift debris from the sand on the beaches for people’s safety – Elizabeth Avenue beach looks worse today than right after the storm – pieces of a ship washed up on Carter, but are gone (BA/CFO Riehl: that was the plan – were instructed by DEP to push sand back up on the beach, because they had relaxed their regulations – in working with our consultant and FEMA representatives, we were told that, because it’s private property, the town would not recoup any FEMA funds for the costs associated with such – the cost we received from AshBritt/Conti, to go onto the beach and sift the sand, was just shy of $1M – decided to see if there are other options, because all residents would be footing the bill for something that affects just a few – there are now other State contracts who will address sand sifting, but we are still being told that we will not recoup any funds for such (Mayor Barrella: Governor has a slush fund for things not covered by FEMA, that he thinks should be covered by the State – thinks this qualifies – we did what we were told and DEP knew it was private property) someone asked for access from the association (BA/CFO Riehl: when we moved sand from the temporary stockpile, the beachfront access was Carter Avenue; Mayor Barrella: beach and/or dune replenishment will not happen in the next couple of months – pushing sand in a pile won’t work, because it will just get washed away – will work on it – if dunes that pre-existed Sandy were washed away, it is incumbent on the property owners to replace and repair them) original Elizabeth Avenue dune is in place because it was well-planted, but those around it washed away (Mayor Barrella: they should be able repair to those dunes; BA/CFO Riehl: per Engineer Savacool, they would need a CAFRA permit to do so).
Ben Dispoto, PPB: asked about item 2/a – how much money was expended, so far, for temporary appropriations for the storm (BA/CFO Riehl: about $8M) hopefully, 75% - 90% of it will be recouped by FEMA – asked where that money is coming from now (Mayor Barrella: have issued bond anticipation notes and, eventually, a refunding bond – we borrowed the money – when we get FEMA reimbursement, the first thing we will do is pay down the notes before going into a long-term bonding scenario) asked what we will be bonding for (Mayor Barrella: the unreimbursed 25%; Councilman Mayer: a Local Finance Board application will be approved by Council at an upcoming meeting – it will be broken into 2 parts, depending on whether it is a operating expenses/salaries, which would be 5 years, or capital, which is longer – will issue notes, get the FEMA money and, when the dust clears, issue long-term bonds) asked if FEMA money will come in a lump sum (Councilman Mayer: could be a couple of years; Mayor Barrella: will most likely come in stages – will be able to anticipate FEMA refunds as part of the budget process to offset the expenses incurred – it’s pretty much a wash for the early years) asked if there will be an impact on taxes this year (Mayor Barrella: not from this – 1/5 of expenses incurred will be reflected in the budget and we’ll anticipate FEMA reimbursement to offset that 1/5 – we are allowed to apply FEMA reimbursement against the earliest expenses).
Paul Buletza, PPB: asked if there are plans for the temporary dune that was put on the beach (Mayor Barrella: that was just a berm that the Ocean County Road Department built when there was a concern about a a nor’easter right after Sandy – needs to be sifted – PPB is not putting dunes up) asked if it will be left there for the summer (BA/CFO Riehl: need to figure out how to pay for and get it sifted – wouldn’t push or level it in the condition it is in) asked if the issue of it being on private property impacts when it will be done (BA/CFO Riehl: it complicates it) asked what homeowners would be allowed to do (BA/CFO Riehl: that would fall under what you could do, in terms of a CAFRA permit, if you’re talking about dunes) talking about doing something about the appearance – understands why it was put on private property, but now they are being affected by it (Mayor Barrella: has made that argument to DEP a number of times – other areas have been affected, including parts of the commercial beaches – the Governor wants PPB and other shore communities to be open for business this summer – don’t want to be welcoming tourists with sand that’s got debris in it, but can’t afford to take the debris out – since the State makes money from the tourism industry, and the State told us to put it up there, and the State wants the beaches open as quickly as possible, he is going to make the pitch that the State must pay for the sifting) asked how they can help (Attorney Gertner: perhaps Council should come up with a protocol, to incorporate into a resolution, so they have a statement to residents, homeowners and State as to its goals and objections, and folks can move forward; Mayor Barrella: in the short term, a resolution urging DEP to absorb the cost of sifting the sand can’t hurt – directed Clerk Ellsworth to add to the Consent Resolutions; Councilman Mayer: asked Mr. Buletza what he would like to do) would like the temporary dune flattened, at least – doesn’t know about other homeowners, but he would be willing to clean out debris – beach is unattractive and something must be done – sand was put on their property without their permission and now they are being told they have to spend money to fix things – resolution is wonderful, but talk is cheap (Councilman Reid: talk is cheap, but they Mayor has been working really hard, and Council is going to put something together – all in the same boat – someone’s got to pay for it) need another solution also – someone took the initiative to help them, but the position they put us in, long-term, is not helping us at all (Mayor Barrella: that’s been his argument – not happening as quickly as he would like) asked about the town a getting blanket CAFRA permit for homeowners who are willing to bear the expense (Mayor Barrella: can talk to the Engineer; BA/CFO Riehl: an emergency temporary CAFRA permit can be issued; Mayor Barrella: per ordinance, if there was a dune to begin with, it’s the property owner’s responsibility to restore it) that requires a permit (Attorney Gertner: will have a resolution for the next meeting, then there will be a more comprehensive resolution of some policy statement – appreciate the facets of what’s been discussed – must get it on one piece of paper) asked about moving forward with the blanket CAFRA permit (Mayor Barrella: BA/CFO Riehl will check on that; Councilman Reid: asked if he and his neighbors would be willing to sign-off to have dunes in front of their houses) they had dunes since 1993 – began buying dune grass themselves – now the town buys it every year for them, except for this year, with Sandy – was a good idea when the temporary berm was put in front of their houses to protect them from a nor’easter, but to get to the ocean, you now have to climb over it and it is not aesthetically pleasing.
Frank Carey, PPB: spoke on behalf of PPB High School Project Graduation – fundraising efforts for the annual garage sale are washed out for May, as people’s belongings have been lost – Marie Kurtzke has taken back control of Project Graduation and has arranged with Simko’s in Brielle that 20% of lunch and dinner bills on March 12th and 13th will go toward Project Graduation – must bring flier, available on the High School’s web site – will also be a coupon in the “Ocean Star” (Mayor Barrella: asked that Denise DiStephan include a link to the flier on “Point Pleasant Patch”); asked businesses to purchase sponsorship ads for Project Graduation – they are $700, $500 and $300 – asked that fliers be put downstairs in Borough Hall – this is the 18th year of Project Graduation, a drug-free, alcohol-free party held overnight at the Atlantic Club for the graduates on graduation night – appreciates help and volunteers.

Motion by Councilman Gordon, to close public participation, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Councilman Cortes: asked about the amount of item 1/f (change order).

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

Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by Councilman Cortes and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Payment to Brick Utilities for February bulk water usage ($54,470.57)
b) Approval of annual ABC ‘Temporary Storage’ permit application for Chef’s International
c) Authorization for Mayor to execute professional services contract with Hiering, Gannon & McKenna
d) Authorization for Mayor to execute professional services contract with Suplee, Clooney &
Company
e) Progress Payment #4 to Down to Earth Landscaping for work completed on ball fields
($48,986.13)
f) Progress Payment #1 to Albert Marine for work completed on Boardwalk & Trenton Ave
($162,818.83)
g) Water/Sewer bill fee waivers (5 accts)
h) Authorization for Municipal Clerk to provide 30-day notice to remove or board structure (6)
i) Payment to H Kees & Sons for replacement fencing at ball fields ($5915)
j) Payment to Arcadis for DEP debris monitoring ($57,578)
k) Payment to M&M Assessment for reassessment consulting services ($3900 )
l) Approve Chamber S/E application for Boardwalk information stand
m) Approve Chamber S/E application for sidewalk sales in May & August
n) Approve Chamber S/E application for Classic Car Cruises
o) Approve Chamber S/E application for ‘Festival of the Sea’ on 9/21/13
p) Approve Chamber S/E application ‘Tree Lighting’ on 11/29/13
q) Payment to Petroleum Traders for gasoline thru Ocean County Co-Op contract
($26,712.19)
r) Payment to Pedroni Fuel for diesel fuel thru Ocean County Co-Op contract ($9591.96)
s) Payment to International Salt for de-icing salt thru Ocean County Co-Op contract
($3415.93)
t) Payment to United Computer for first quarter computer network support ($2550)
u) Scheduled payment of district taxes to the PPB Board of Education ($896,186)
v) Approval of Payroll #4 ($239,308.17)
w) Approve Chamber of Commerce banner permit applications
x) Payment to State of NJ for annual PERS appropriation ($319,515.99)
y) Payment to State of NJ for annual PFRS appropriation ($602,022.27)
z) Approval of computer generated vouchers
CONSENT RESOLUTION 2:
a) REMOVED for separate consideration as Resolution 3 [Temporary Emergency
Appropriation – Superstorm Sandy ($2,966,142)]
b) Emergency Appropriation to 2013 Temporary Budget ($106,650)
c) Transfers between 2012 Budget Accounts ($40,510)
d) Oppose A-3553 (Early Voting Act) due to the onerous cost to the municipality
e) P O to McNamara Screen Print for Parking, Bike and Special Officer shirts ($3180)
f) Approve rental of County stage for use by Chamber at Seafood Festival (net zero)
g) Award of contract to Oswald Enterprises for sanitary sewer cleaning ($33,602.50)
h) Refund permit fees for unused permit ($374)
i) Authorize Borough Attorney to draft ordinance revising water/sewer regulations and price structure
j) Authorize BA/CFO Riehl to mail debris letter, subject to Borough Attorney review
k) Authorize Borough Attorney to draft ordinance rescinding ban on telephone participation at Council Meetings
l) Authorize Clerk Ellsworth to draft resolution seeking State funding, through DEP, to
absorb the cost of sifting sand which was moved onto private beaches, at their direction
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Motion by Councilman Corbally, to adopt RESOLUTION 3: Temporary Emergency Appropriation – “Superstorm Sandy” ($2,966,142), was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Gordon, Tooker….YEA
Councilman Mayer….ABSTAIN

Clerk Ellsworth: has not received anything from Ocean County Engineer, Scarantino, regarding Ordinance 2013-02 (Parking Restrictions on Borough Roads).
Motion by Councilwoman Tooker, to carry Ordinance 2013-02 to the March 19th Council Meeting, was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-07 (Non-referral of Business by Borough Professionals) was considered on second reading. Mayor Barrella opened the public hearing.
Christine Riordan, PPB: doesn’t believe the borough’s attorneys can ethically defend themselves against this ordinance, because they have an obligation to represent the town, but this ordinance is directed at them – concerned that they will face perjury if they sign a sworn statement and fail to recognize that they referred business to those listed in the ordinance – no indication that this individual has intent – likened it to the statutory rape law – recently appointed Erin Shamy as Municipal Prosecutor – if her parents sent her flowers from Councilman Reid’s wife’s flower shop, she would be in trouble – if Mr. Gertner took his wife to Red’s Lobster Pot in August, and the owner, Ms. Stillufsen, who ran for Council, filled a vacancy in November, Mr. Gertner couldn’t be the Borough Attorney because there is a 6-month look-back period – would require that every Governing Body member disclose their employer, as well as that of their spouses and children – at last meeting, Councilman Gordon was asked where he works and he told Councilman Mayer it was none of his business – to be fair to them, he would have to make it public – Music Parents Association have fundraisers – he is a member of that – asked what would happen if Mrs. Shamy attended the fundraiser – it’s not about the intent, but what the ordinance says – there is no definition of equity interest – the burden is on the professional – nothing would hurt a law firm more than being accused of perjury – this puts professionals at risk, and they have no control – Mayor Barrella’s daughter works in a large law firm – the bigger the firm, the more problematic it is – ordinance is overly broad and exceeds its intent – recommends limiting this, or all business interests and partnerships of the Governing Body would have to be disclosed to the professionals, so they could inform their families and partners and not be culpable and face perjury.
Motion by Councilman Gordon to close the public hearing was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA
Mayor Barrella: had asked for Council’s revisions at last Council Meeting – hasn’t heard any suggestions – understands Mrs. Riordan’s plea – making an argument by pointing out the most extreme circumstances, when she knows that was never the intent – intent is to prevent Mayor’s wives and Chairmen of Ocean County Republican organizations from being hired as consultants – it is not intended to prevent someone from going to someone’s restaurant or ordering flowers – has constructed some Draconian arguments – would be happy to listen to changes or hold for Council input – this is good government – Borough professionals should not be referring work to the Governing Body or their firms or something they have business interests in (Attorney Gertner: thanked Mrs. Riordan – for fear of overstepping his ethical obligations – advised Council that if they wish to encourage Borough professionals, particularly those who don’t live in town, to participate in town, to consider narrowing the scope) would encourage de minimis rule – conceptually, if he were to receive a $2K check from Mr. Savacool, that would be a problem – if Mr. Savacool were to refer a client to him who wrote him a $2K check, it doesn’t make sense that it wouldn’t be a problem also – if it’s overly broad, carry it and get it fixed, but get it done.
Motion by Councilman Corbally to carry Ordinance 2013-07 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-08 (Amend Ordinance 2012-36/Sewer Rates) was introduced on first
reading. Motion by Councilman Mayer, to approve Ordinance 2013-08 on first reading was seconded by Councilman Reid and carried by roll call vote. Public hearing will be held on March 19, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-09 (TWU Salaries for New Hires) was introduced on first reading.
Motion by Councilman Corbally, to approve Ordinance 2013-09 on first reading, was
seconded by Councilman Reid and carried by roll call vote. Public hearing will be held on April 9, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-05 (Permission to Increase Dwelling Height) was reintroduced, as amended.
Attorney Gertner: the reason for doing this is to get in front of the Planning Board’s perceived comments; discussion ensued regarding the amendment, and whether height is being measured from base flood elevation or from the curb – if this is approved, the Planning Board will have a hearing on it – that would be the public’s opportunity to be heard, so the Planning Board can make recommendations to the Council to vitiate the fear that this is a larger issue – Council member shouldn’t participate in the Planning Board hearing, so he can vote here (Mayor Barrella: this allows people to raise an existing house beyond 35’, up to 38½’, if necessary, to comply with ABFE – to go higher than that and take advantage of perceived benefit, must apply to the Board of Adjustment (BOA) for a variance, because of the impact on the Master Plan and building in PPB – can’t go higher just by applying for a building permit – this is what has been recommended by the Planning Board, BOA and Borough Engineer – amendment makes the ordinance more user-friendly – it exempts excess lot coverage related to the need to raise the house – raising beyond what’s necessary affects more than height, but lot coverage and set back) Engineer Savacool felt these changes were important enough to get in front of the Council today, so they can be put before the Planning Board tomorrow, so Council could move forward with a clean version during the second reading on the 19th (Councilman Mayer: asked Attorney Gertner if he approves of the strange wording) yes, per Engineer Savacool, because of the interface between the BFE and the ABFE (Councilman Reid: asked him what professionals folks should have when going before the BOA) don’t always need an attorney – definitely need an engineer or planner – better to have someone with both degrees (Councilman Reid: concerned with the expense involved) to go higher, must have at least an architect (Mayor Barrella: trying to balance professionals’ recommendations, but the State requires properties over 35’, or 2-storeys, to have sprinklers, because they fall into a different class of property – State is willing to waive such requirements for existing houses being raised, but not for new construction – if going beyond 35’, must go to the BOA, who will impose the State’s restrictions – trying to make it user-friendly, but not carte blanche to go as high as one wants; Councilman Mayer: asked Attorney Gertner about getting reports of BOA decisions, so Council can address recurring issues in ordinances – people will design to the standard to avoid the BOA; Councilman Corbally: there has been no time to develop a standard and the BOA was told to take each case on its own merit; Councilwoman Tooker: BOA usually provides a detailed report at the end of the year; Councilman Mayer: hasn’t seen it – asked about a monthly report; Mayor Barrella: monthly may be extreme – suggested quarterly; Councilwoman Tooker: it’s done by the attorney, so that’s more money; Councilwoman Tooker: suggested Councilman Mayer contact BOA Clerk Mills for the reports) in the interim, BOA agendas show what variances are being sought (Councilman Mayer: they can just be marked “approved” or “denied”).
Motion by Councilman Corbally, to approve Ordinance 2013-05 as amended, was
seconded by Councilman Gordon and carried by roll call vote. Public hearing will be held on March 19, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-10 (Amending 2012-37 - Housing Reconstruction) was introduced on first reading.
Mayor Barrella: lot coverage was not addressed in the original ordinance, 2012-37 – this ordinance covers new construction – can go up to 35’, but if going from 30’ to 35’, it might engender set back or lot coverage issues – this ordinance allows lot coverage to exceed what is permitted, where the excess is caused by the need to raise the house to comply with ABFEs – also allows construction on an existing footprint and on non-public streets, without a variance – so, it eliminates 2 or 3 potential variances that were in the existing ordinance.
Motion by Councilman Corbally to approve Ordinance 2013-10 on first reading, was
seconded by Councilman Gordon and carried by roll call vote. Public hearing will be held on March 19, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

PUBLIC PARTICIPATION BEGAN 10:29 PM.

Mario Simeone, PPB: asked about ordinance 2013-05, which is geared towards raising an existing home without having to knock off the roof to meet the height requirement – owns a lot with a 4’ elevation at the curb – recently spent more than $20K for variances at the BOA to build a 2½ storey building at exactly 35' height – the suggested new height will put him 1' higher than base flood, at a 12’ elevation, eliminating the ½ storey he was approved to build last December – asked if ordinance could allow new construction to build 1’ higher (Attorney Gertner: Council should discuss whether to have a section indicating that any property that has received an approval, but has not yet been constructed, shall not be considered new construction; Mayor Barrella: asked Attorney Gertner to draft that and get it to Engineer Savacool, so the Planning Board can review it tomorrow).
Motion by Councilman Reid to amend Ordinance 2013-05 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA
Dave Cavagnaro, PPB: agreed that Little Silver Lake needs dredging – brought up an issue from 2 previous administrations – the need to drop the lake’s water level and, more importantly, a pump that will pump water into Lake Louise, or a pump at Lake Louise that will draw the water – also asked Council to consider flapper valves to allow water to come in and close when water is coming back – issues were not addressed when Lake Louise was dredged (Councilman Reid: Bay Head is getting 2 pumps during the Route 35 construction, to ensure it doesn’t flood anymore – asked if we can talk to someone to get one) per the Engineer, it’s more of an issue than just buying a pump – could be a pricey endeavor, up to $250K – flooding at the lake is horrendous with the slightest bit of rain, and it’s phenomenal how much water backs up onto residential streets because of the flapper valves without a drop of rain.
Chris Riordan, PPB: asked which authority requires sprinklers (Mayor Barrella: Uniform Construction Code) per statute, must apply for a D variance if going above 10% of the ordinance height – that 10% is based on the number the town sets – asked Council to be open minded – Federal Government is saying to stop measuring from the curb line – important to have houses that are marketable – that means being at a safe elevation – when houses are marketable, they bring in more tax dollars – if PPB doesn't start expanding its concepts, will have a problem – FEMA no longer wants to fund NFIP – is putting it on the backs of the insured – if taking FEMA money, must now buy insurance – houses below 11 zone are going to be charged more insurance, but will be less marketable (Mayor Barrella: should be talking to Planning Board).

PUBLIC PARTICIPATION ENDED AT 10:43 PM.

Meeting was adjourned at 10:44 PM by consent of Council.



TRANSCRIBED BY: Eileen Farrell, Deputy Clerk



ATTEST: Maryann Ellsworth, Municipal Clerk


Published March27, 2013 | Council Minutes | 1550


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