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March 19, 2013

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36PM with Council Members Reid, Cortes, Corbally, Mayer, Gordon and Tooker present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mayer, to enter closed session to discuss litigation, 4 personnel and 2 contract matters was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Closed Session began at 6:38PM and ended at 7:44PM.

Mayor Barrella called the regular meeting to order at 7:46PM. Present were Council Members Reid, Cortes, Corbally, Gordon and Tooker. Councilman Mayer returned at 7:48 PM. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

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

Mayer Barrella announced that item 4/e would be held; Clerk Ellsworth added items
4/g-i from Closed Session; Councilman Cortes asked that item 3/a be considered separately; Councilman Corbally asked that item 2/a be considered separately; Councilman Gordon asked if item 1/y would be reimbursable (BA/CFO Riehl: yes).

COMMITTE REPORTS:

Councilman Reid: No report.

Councilman Cortes: after last Council Meeting, he drove through the park – flood lights are off – Trenton Avenue residents are very happy – JCP&L is finalizing paperwork to relinquish ownership of the lights and poles to PPB for $1, so PPB can maintain them and install timers; Fire Company #1 is working on 2 more quotes for their generator – permits are in place for generator at Fire Company #2; First Aid had 55 calls in February, completed CPR and First Aid training for the Coast Guard Auxiliary and some boat captains, and honored Sabrina Fioretti as lifetime member for serving 16 years; Recreation Committee’s Easter Egg Hunt is March 24th at Pleasure Park – asked all to bring baskets – Committee meeting on Monday.

Councilman Corbally: Surf Taco building will not be ready by summer – will be closed to make it safe, and Open Space will re-evaluate after word from FEMA on what can be done; Boardwalk decking is underway between Trenton and Arnold Avenues – should be complete next week; piles are in on Boardwalk North, near the aquarium, and girders and stringers are being installed now – demolition is proceeding on other sections and pile driving will commence next week; Inlet lot contractors started today – will be finished in a couple of days weather permitting; hoping to approve Little Silver lot bid; thanked Clerk Ellsworth for work on the town’s website – has a few kinks, but is up and working and looks much better.

Councilman Mayer: Finance Committee met March 11th, with Mayor Barrella, Councilman Reid and BA/CFO Riehl in attendance, and again on March 15th – he and BA/CFO Riehl are meeting Monday morning with Bond counsel Rogut and auditor Korecky to push forward 2 bond ordinances needed for Sandy expenses – refunding bond ordinance for operating expenses and capital bond ordinance – invited Councilmen Reid and Corbally and Mayor Barrella – FEMA submission has exceeded $8M (BA/CFO Riehl: $8.4M) - bond ordinances must be introduced for the Division of Local Government Services to consider our budget – there are concerns about other items – met with FEMA sub-contractor about the Community Disaster Loan (CDL), which BA/CFO Riehl is working on – it also factors into the budget – CDL substitutes for revenues in the budget, like a line of credit – budget will not be introduced in March, as hoped – must first meet with Department Heads, get bond ordinances done and get some certainty on the CDL – hopes all will happen within the next few weeks; Tax Assessor Carpenter is working very hard on the reassessment – hopes to complete by the end of the month (Mayor Barrella: $8.4M is just a couple hundred thousand dollars short of the Belmar Boardwalk – thinks we are doing good).

Councilman Gordon: No committee reports; recognized Antrim Future Problem Solvers Team members Danny Abdy and Michael Vaccaro, who won the Jr. Division at the State Bowl – will compete in the International Finals in Indiana the first weekend in June – wished them the best of luck; PPB boys and girls basketball teams each won State championships this year – monumental feat – heartwarming to watch these kids – they are true sportsmen and sportswomen and the pride of PPB – working with Carol Vaccaro and with the school, to recognize them with a town-wide parade – an opportunity for all to come out and recognize the feats of these wonderful citizens (Clerk Ellsworth: has been in touch with the sports office at the High School – will be faxing stats for proclamations; Mayor Barrella: while not a basketball fan, he recognizes true success and greatness – for both teams to win State championships in one year is a remarkable achievement –doesn’t think it’s ever been done before) will also be recognizing Bryce Petraccoro, the State Bowling Champion – a wonderful feat as well – a great year for PPB athletes – hopefully more great things to come.

Councilwoman Tooker: Animal Welfare Committee Spring Fling is at The Ark on Sunday – a couple of tickets left; High School Student Council is hosting a free hot luncheon for area seniors tomorrow at Vicino di Mare at 11AM – High School show choir will sing and there will be a speaker from NJ Hope and Healing; spoke with NJNG about natural gas vehicles – natural gas averages $1.75/gallon and is much cleaner and quieter – not many incentives to buy the vehicles, but if PPB bought a couple, NJNG would give PPB a small fueling station – they are hoping to have a fueling station by the Ocean County landfill soon – something to think about when purchasing sanitation trucks; asked for clarification on the “Buy a Board” program (BA/CFO Riehl: can't have those donations come in as a direct offset to a particular project, because FEMA will take that money off the top before any reimbursement – Community Endowment Fund could donate the funds to the Governing Body, but they couldn’t be earmarked for a particular project; Councilman Reid: maybe it could be done for the promenade area; BA/CFO Riehl: that section is not FEMA reimbursable); asked about the timeline for easements (Attorney Gertner: was some confusion after last meeting as to who would send the notices – NJ DEP will be the official agency charged with sending out notices to owners and the form of the easement – they have yet to finalize for PPB what the letter will say and what the form of the easement will require – spoke to Congressman Runyon’s office and BA/CFO Riehl put him in touch with the appropriate folks at DEP – unfortunately, that gentleman has been in the field – Borough has some say over the form of the easement – doesn’t know the definition of “some” – some municipalities have made minor deviations in the requirements of the easement – hopes to have an answer by April 9th) can't impose a deadline if the letters haven’t been sent (Mayor Barrella: instructed Attorney Gertner to confirm this in writing with the DEP, copied to Bob Martin and Governor Christie) this is for the Army Corps dune project (Mayor Barrella: read in an online news service that Mantoloking is working with the DEP on installing geotubes – not certain which branch of government is taking responsibility for this – it’s bigger than PPB, because it goes up and down the coast, and there needs to be coordination – good that DEP seems to be coordinating); gave Building Department report for February – department is extremely busy and providing great service –issued 69 building permits, 66 plumbing permits, 41 fire permits, 8 CO’s, 93 electrical permits, 5 razing and drainage permits, 114 mercantile licenses, 18 vending licenses, 35 rooming house licenses, and various other things – revenue of $108K, as compared to $64K last year; she and Attorney Gertner are working on some ordinances for next meeting – will send them to everyone for review (Attorney Gertner: all are ordinances that were spoken about last year).

Mayor Barrella: there is a real possibility we will be sued by property owners at the beach, with the sand sifting issue – instructed Attorney Gertner, if that happens, to bring DEP into it – they told us to put the sand there – they can either work their magic with FEMA or they can write the check; met with Engineer Savacool, Berger Group’s Amy Lynn and FEMA representatives – FEMA had a mitigation person – went to Silver Lake lot to see if FEMA would cover the cost of repairing it – they’ve indicated that they will – took them on a tour of Boston Avenue from Lake Louise to Little Silver Lake, a constant source of flooding – talked about possibly submitting this as a 404 mitigation project – dredging, pump station, etc.; on Thursday, Mayors Curtis, Shroeder, Nebel, BA/CFO Riehl, Chief O’Hara, Engineer Savacool and he have a meeting in Trenton with DOT, regarding the start of the Route 35 reconstruction project this summer, and the adverse impact it will have on PPB, and on tourism in PPB, Bay Head and perhaps further north and south, as traffic backs up on the Parkway and DOT starts closing lanes in one direction – idea is to get them to start someplace else or start in the fall – he insisted that someone from DOT, with the ability to make a decision be there.

BA/CFO Riehl: No report.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 8:15PM

Carol Vaccaro, PPB Chamber of Commerce: would like to replace the annual Jazz Fest with a Chowder Fest at the Inlet Parking Lot on October 26, with a rain date of October 27th – requested a parking waiver, as it’s the week before the meters expire for the season – Chief O’Hara said he has no problem with it (Mayor Barrella: asked her to put request in writing).
Vince Castin, PPB: per newspaper article, Bay Head had Twilight Lake mitigated by DEP – asked for the Mayor’s opinion (Mayor Barrella: that’s because Twilight Lake goes out to Barnegat Bay – DEP is looking for mitigation projects – it’s a question of writing up the project and convincing DEP that the benefit is well beyond the cost – if ocean comes in, pumps won’t help – but there are circumstances when areas flood – if we had the proper drainage and a pump station, we might avoid damage – it’s the type of project they should be interested in); asked about geotubes (Mayor Barrella: they are nylon filled with rocks and sand – Mantoloking is working with DEP to use them to build a dune – Mantoloking has apparently gotten commitment from DEP, but we haven’t even gotten the easement letters from DEP; Attorney Gertner: has a high-level contact at the State, who has assured him that he will put PPB in touch with folks to ascertain if FEMA will reimburse or, if not, get in front of some State official to lay out our particular and unique problems; Mayor Barrella: can’t play around – CDBG money is available for projects that are not FEMA-reimbursed, and the Governor has a slush fund, which he wants to tap into before the Governor spends it in Belmar or Seaside Heights; Councilman Mayer: thought CAFRA permit was being authorized tonight, as it’s related to the sifting; BA/CFO Riehl: has the Engineering firm working on it – before anything can be done with the beach, either the Borough or private homeowners, are required to have a CAFRA permit – generally, the town would get the permit, good for 5 years, and petition the property owners to be on it – it alleviates the need for them to go to DEP and get a permit at their own expense – if they don’t want to be on our permit, they can’t do any dune maintenance, restoration, sand pushing or moving without getting their own – there were certain extensions on parts of the permits that were good through June 2013, but it was determined through e-mails, about a week ago, that we are in a sensitive zoned area and the extension did not apply to us – it expired in December, and we need to reapply – has asked the Engineer to start emergency procedures – can do an emergency permit, usually within 10 days of submission – could then allow property owners to clean their sand or start creating their dunes under our permit – then, we have to go and apply for the whole permit package – doesn’t believe Council action is needed – being covered under Engineer professional services).
John Cheasty, PPB: 38.5’ height restriction is not enough (Mayor Barrella: to help people comply with ABFE expeditiously, without incurring the expense and time constraints of a variance, Ordinance 2013-05 gives the ability to raise an existing house up to the height necessary for ABFE compliance – wouldn’t need a variance if that height is above 35’, up to the height of compliance – to go beyond 38.5’, or above compliance height, would require a variance – reconstruction is covered by Ordinance 2012-37, as modified by what’s tonight’s agenda) it should be higher (Mayor Barrella: dealing with the Municipal Land Use law – anything over 10% becomes a D-Variance, a more complex process – professionals have recommended that we cut it at 10%); valve on Randall Avenue worked great when the high tide came in, but not working for a couple of years now – flapper isn’t closing completely – water comes back through the storm drain and floods the street – there are better ones out there – his driveway floods at high tide (Mayor Barrella: instructed BA/CFO Riehl to have the County look at it; Councilman Cortes: asked if measuring is still done from the curb; Mayor Barrella: that’s what the ordinance says).
Anne Lightburn, PPB: glad the bathhouses will be secured, based on the Open Space Committee’s recommendation – clarified that it is not an official historic structure – recommended moving some of the sand under it, because CO Gardner can’t do a complete assessment (Councilman Corbally: will have to weigh the costs and check with CO Gardner).
Mario Natale, PPB: wants to raise his properties on Randall Avenue to meet FEMA regulations – 5 converted condo units – duplexes – waiting for building permit since January – CO Gardner told him to ask Council if he needs a variance (Attorney Gertner: it is the determination of either the Building Department or Zoning Officer to grant a permit or, per a specific ordinance, require a variance – if the use is pre-existing, non-conforming, would likely need a variance – if a permitted use in the zone, a further discussion with CO Gardner is necessary; Mayor Barrella: asked BA/CFO Riehl to discuss with CO Gardner; Attorney Gertner: better to have the Zoning Officer render a determination – can go to the Board of Adjustment (BOA) for an interpretation, if necessary, to get some finality and move forward).
Dave Cavagnaro, PPB: 5K run is coming up with no advertised route – will ask that permission be denied next year, unless it is advertised soon; thanked Mayor for addressing Boston Avenue mitigation with a possible pump; Ordinance 2013-11 includes a fee for frozen meters – asked if the landlord is responsible for a frozen meter if it is outside in the ground, and was placed there by the town – per past practice, it is the town’s responsibility – asked if this ordinance changes that (BA/CFO Riehl: no – it’s the homeowner’s responsibility – would not have a frozen meter if using the water – if the meter breaks because the homeowner left the property, didn’t winterize and a pipe burst, it’s on the homeowner) has had a meter freeze when the house was in use – asked who is responsible in that case – asked that it be considered on second reading; concerned about geese intruding into residential zones – has asked that drastic measures be taken – has been told to give other measures a try – geese are now on Parkway in front of his home – addling has not worked, nor have lights, red dye on lawns, nor dogs – new $500K Little League field is now covered in excrement – children are walking and playing in excrement – his dog has had foot infections from walking in it – can’t avoid it if the geese are defecating on his property – it’s on the lawns and sidewalks – this is an invasive species and it’s getting worse – his only other alternative is to do something more drastic to protect his home, property and dogs, but doesn’t want to – asked that the USDA be called in.
Ben Dispoto, PPB: about a month ago, Council spoke about unsecured buildings in town – asked about getting them demolished (Clerk Ellsworth: was told to hold the letters until given a specific reason – had a conference with CO Gardner on Friday – he gave them a general reason to put in the letters) it’s a hazard – weather will be changing and kids will be out (Attorney Gertner: owner has due process right to understand why Code Official is saying it’s a hazard) 150 days after the storm – ordinance provide 45 days for buildings that are a public danger to be taken care of (Mayor Barrella: in the process of getting the letters out, advising that steps will be taken by the town if not by the owner – owner has the opportunity to challenge – if letters go out, should be in a position to handle by mid-May).
Kitty Stillufsen, PPB: asked again why only single family homes are included in the ordinance exceptions to raise a house within the footprint, height restriction and setback (Mayor Barrella: not necessarily single-family homes – must be a conforming use; Attorney Gertner: municipality has determined it is not worth the risk to deviate from the Master Plan, in order to facilitate certain redevelopment of affected properties – professionals believe that those deemed non-conforming in the zone would be a step too far beyond the Master Plan and existing ordinances to risk the challenge) general idea, for safety, is to get everything off the ground – asked if ordinance can be changed (Mayor Barrella: are following recommendations of the professionals, BOA, and Planning Board regarding non-conforming uses – advised her to address the Planning Board and apply to the BOA); years ago, she did a study about geese – only solution is to create a physical barrier between them and the property, such as a hedges, shrubbery, trees and plants – poisoning the geese won’t keep them away.
Motion by Councilman Mayer, to close public participation, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 8:49PM

Motion by Councilman Mayer, to adopt resolutions covering items listed below, was seconded by Councilman Reid and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Support A-2753 and S-1923 requiring direct payment of energy taxes to municipal
governments
b) Refund dumpster bond – 11 Minard Place ($250)
c) Payment to R&H Auto for snow plow for DPW dump truck ($3,847.08)
d) Payment to Pedroni Fuel for diesel fuel ($11,271.88)
e) Payment to Petroleum Traders for gasoline ($27,434.69)
f) Approve PPB Blue Claws S/E application for use of ball fields
g) Approve PPB Little League S/E application for Opening Day Parade – 4/13/13
h) Approve Alzheimer’s Assoc S/E application for Walk on 9/28/13
i) P O to Lawmen Supply for police tactical outer carriers ($2778.78)
j) Payment to Jaeger Lumber for cabinets for Fire Captain’s Office ($2600)
k) Payment to M&M Assessment for assessment consultant services ($3750)
l) Payment to State of NJ for LURP App – Boardwalk ($4,943.52)
m) Approve membership in Ocean Fire Co #1 (1)
n) Payment to State Health Benefits for employee health benefits ($112,421.37)
o) P O to Barco Products for parking blocks (not to exceed $6000)
p) Refund unexpended balances of BOA escrow accounts (2)
q) Appoint Raymond A Raya, Esq to the position of Conflict Public Defender
r) Payments to the Galvin Law Firm from BOA accounts ($1610)
s) Payments to the Galvin Law Firm from Planning Bd accounts ($567.50)
t) Payments to T&M Associates from escrow accounts ($2852.50)
u) Payments to Denise Sweet from BOA escrow accounts ($800)
v) Payment to Woszcak Mechanical for Ocean Ave water main repair ($6376.22)
w) Payment to United Computer for first second computer network support ($2550)
x) Approval of Payroll #5 ($229,139.91)
y) Payment to Urban Green Energy for replacement wind turbine ($4142)
z) Water/Sewer bill adjustments (6 accts)
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Councilman Mayer left the room.

Councilman Corbally: per BA/CFO Riehl, there is an $800K bill to follow that in item 2/a – going out to bid on Little Silver Lot now, instead of 2 months ago, because AshBritt was supposed to make us whole when they finished carting away the debris there – they were to fix the lot as they found it – that didn’t happen and, per BA/CFO Riehl, they have no intention of doing so – in light of that, would like to hold their payment until the bid is out and the work is done, as it will not be done now until mid-May – work will not be done on weekends, so parking won’t be affected, but the lot will be a mess, because AshBritt did not fulfill their end of the obligation (Mayor Barrella: asked what the parking lot will cost for milling, paving, restriping, etc.; BA/CFO Riehl: there are 2 components – debris side on the west and sand on the east – AshBritt Conti was the contractor – AshBritt was responsible for the debris – they did some patching and spot repairs – Conti was responsible for the sand – they didn’t feel responsible to do any repairs – tried to work it out with them – as of this morning, when FEMA said they would fund 25%, they are backing off on the east end, saying it is more cosmetic than necessary – but, it has to get done) asked that the whole payment be held until cost is determined (Councilman Gordon: has no problem holding payment; BA/CFO Riehl: as far as Berger and we can determine, they are responsible; Council consensus was that both 2/a and 2/b be held).
CONSENT RESOLUTION 2:
a) HELD [Payment to AshBritt for Hurricane Sandy debris removal ($1,205,488.45)]
b) HELD [Payment to Conti Enterprises for variable message board rental ($2,777.00)]

Councilman Mayer returned.

Mayor Barrella: addressed item 4/i – to be advertised as a general Council Meeting – will consider the appointment of a police officer and first reading of a bond ordinance.
Motion by Councilman Corbally, to adopt resolutions covering items listed below, was seconded by
Councilman Reid and carried by roll call vote.
CONSENT RESOLUTION 3:
a) CONSIDERED SEPARATELY AS CONSENT RESOLUTION
b) Authorize Boro Engineer to prepare & advertise bids for repair of Silver Lake Lot
c) P O to Diesel Solutions for transmission replacement ($3857.55)
d) Payment to Johnson & Towers - repairs to sanitation truck (insurance reimbursable)
e) Approval of computer-generated vouchers ($1,353,857.69)
CONSENT RESOLUTION 4:
a) Authorize Tonnage Grant Application
b) Certify recycling taxes paid to Ocean County Landfill in 2012
c) Approval of Payroll #6 ($236,427.13)
d) Appointment of Special Officers Class 1 (23)
e) HELD [Award Delaware Avenue Bulkhead project to KB Marine Contracting ($35,000)]
f) Award Parking Lot Striping project to Lombardi Enterprises, Inc. ($10,975.70)
g) Authorization to advertise for part-time temporary clerk in the Finance Department (Closed Session)
h) Establish hearing date for Wine King place-to-place transfer, April 9th at 6PM (Closed Session)
i) Establish Council Meeting on March 28th at 2:30PM (Closed Session)
VOTE: Council Members Reid (3/b-e, 4a, 4/c-d and 4/f-i), Cortes, Corbally,
Mayer (3/b-e, 4/a-d and 4/f-h), Gordon, Tooker….YEA
Councilman Reid (4/b)….ABSTAIN
Councilman Mayer (4/i)….NAY

CONSENT RESOLUTION 5: Award contract for temp restroom facilities to Johnny on the Spot ($11,266) was discussed. Councilman Cortes: researched temporary restrooms online – distributed information– suggested purchasing instead of incurring yearly rental costs – could be hooked up to existing sewer lines, moved, and used in other areas (Councilman Gordon: asked if PPB has the ability to do maintenance upkeep; BA/CFO Riehl: can hold for one more meeting; Mayor Barrella: asked BA/CFO Riehl to work with Councilman Cortes; Councilwoman Tooker: should perhaps purchase 2; Councilman Reid: FEMA will pay some of the cost; Councilman Gordon: maintenance and cleanliness will be an issue; Councilman Mayer: should take Open Space Committee’s thoughts into consideration). Held for April 9th meeting.

Ordinance 2013-02 (Parking Restrictions on Borough Roads) was considered on second reading. Mayor Barrella opened the public hearing.
Attorney Gertner: technical correction is necessary – Councilman Mayer alerted him that this ordinance carries a definition of the District 3 area, as part of the covered area, and it stopped at the west side of Ocean Avenue – potential problem is that the definition carries over to the issuance of the commercial parking passes, so commercial establishments east of the west side of Ocean Avenue in District 3 may not be permitted to obtain those commercial parking passes (Mayor Barrella: it stopped at Ocean Avenue because Ocean Avenue is a County road that wasn’t covered last time, and the street ends are metered there – Ocean Avenue is metered, to the extent that there is parking where this is going, so not including that was ministerial – suggested, after ordinance is considered, making a technical correction to make the definition consistent with that in District 4, which is the Atlantic Ocean – there is nothing in District 3, Ocean Avenue and east, either “No Parking” or “Paid Parking,” which is not covered by this).
Ron Gasiorowski: appeared on behalf of Martell’s Tiki Bar last year, in opposition to the Sunset Ordinance – is appearing tonight in opposition to this proposed ordinance – at last hearing, he objected to Councilman Corbally’s participation in the vote – renewed that objection – examined Councilman Corbally at the last hearing and spoke to Attorney Gertner – both will appear in his office on Friday for deposition – confirmed that this ordinance does not apply to any County road in District 3 or 4 (Mayor Barrella: applies to the extent the County grants permission – if County were to grant permission for enforcement on County roads, Broadway and Arnold Avenues will not be covered) has seen a letter to the Governing Body, signed by the County Engineer, stating that Ocean County decided not to surrender authority over the County roads – so, the County has not only not granted approval, but has specifically said they will not approve this ordinance (Mayor Barrella: then it won’t be enforceable upon County roads in the affected district – received a letter from Mr. Gasiorowski, with a copy of the County’s letter) asked about parking pass disbursement in Districts 3 and 4 (Mayor Barrella: said he will not respond to Mr. Gasiorowski’s questions, as he represents clients who are in litigation with the town, and he should save it for Judge Grasso) asked if the committee that introduced the ordinance had police data, specifically stating the number of summonses issued in Districts 3 and 4 between the hours in question and, if so, he’d like to see it (Mayor Barrella: advised him to make an OPRA request) requested that Councilman Corbally bring those documents to his deposition.
Dave Cavagnaro, PPB: is vigorously and passionately in favor of this ordinance – in 2005, he and a group of residents presented something like this to council – has heard every Council member acknowledge that the plan made the neighborhood quieter – have heard people say it’s anti-tourism – doesn’t consider a tourist to be someone who comes here specifically for a bar at 12:30 AM – concerned when an establishment says public streets should be open to its customer, when it expands or induces more people to come and doesn’t provide sufficient off-street parking – if those people transgress into his neighborhood and behave badly, he has a right to ask for relief from this Council – pilot program worked last year – did not lose tourist revenue nor stop people from coming to PPB – one of the biggest corporations on the Boardwalk publicly acknowledged that it did not affect their bar business – doesn’t know why resistance continues – the plan produced more revenue than it cost – asked Council, for the sake of at least District 4 residents, to pass this – walks through a gutted neighborhood daily – terrified at what someone staggering down the street at 2 AM could do to those homes – people would be contained at Silver Lake lot, protecting the residential area, and making it easier for Police to do their jobs.
Marilyn Skillender, PPB: has lived here 20 years, recently full-time – her mother lives in Bayonne, which issues two tags and one tag for every car in the family – it works wonderfully – no reason it can’t work here – PPB is a wonderful place, family-oriented – must keep it that way – commended the Governing Body for the job they are doing.
Aleta Weinstein, PPB: thanked Mr. Cavagnaro for so eloquently speaking for the concerns of District 4 citizens – thanked Councilman Gordon for having a meeting with Chief O’Hara for concerned citizens about the plight of District 4 residents – have a wonderful town, with people coming to enjoy the beach and Boardwalk – just asking for a few hours of peace and quiet – was wonderful last year – pilot program worked well – people didn't wake up and not see their lawns littered with liquor bottles or other unmentionable items in the street, and got a little more sleep – urged Council to vote for this ordinance – thanked Councilman Cortes, a non-District 4 resident, for taking it upon himself, before taking office, to bicycle around during the midnight hours to see the deplorable conditions.
Anne Lightburn, PPB: has communicated to Council her philosophical opposition to residents-only parking – understands the District 4 situation – would like to see District 3 removed – questions it creeping along throughout town (Mayor Barrella: there is no creep – there are parts of District 4 where this is no longer applicable and small areas of District 3, in the Little Silver Lake area, where people have asked for an extension – goes as far as Trenton Avenue –would not support further extension).
Mike Rosenberg, PPB: lives in Westfield – has 11-year-old twins – they come down for the summer – is always up at 2:15AM on a Saturday – can hear the foot traffic down Boston Avenue – this is an easy fix – great proposal – would be foolish to ignore it.
Councilwoman Tooker: asked to hear from the Chief [Chief O’Hara: information he received from his night shift supervisors is that they saw a reduction in incidents and quality of life issues in affected neighborhoods (Attorney Gertner: asked if he feels the use of Silver Lake lot as a central lot area is beneficial) with majority of people going to one area, it is easier to control – have officers in one general area, instead of spread out thinner elsewhere].
Motion by Councilman Mayer to close the public hearing was seconded by Councilman Corbally and carried by roll call vote:
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA
Motion by Councilwoman Tooker* to adopt Ordinance 2013-02 was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Corbally, Gordon and Tooker; and Mayor Barrella****….YEA
Councilmen Reid**, Cortes*** and Mayer….NAY
*Councilwoman Tooker: it worked – been wanting it for years – no reason not to do this.
**Councilman Reid: voting no because he doesn’t want it to extend into District 3.
***Councilman Cortes: did his due diligence – it did funnel people into Little Silver Lake lot – expansion into D3 was a non-binding question on the ballot a couple years ago – still a 3-1 margin of people in District 3 who do not want this – don't seem to be taking Chief O'Hara’s professional opinion on the maps – voting no because of the expansion into District 3.
****Mayor Barrella: bulk of the District 3 area in question is Little Silver Lake and the parking lot itself – also covers 2 cross streets and 5 blocks – very small area – understands the politics – it did work – Jenkinson’s has indicated it was not a problem for them – have made Little Silver Lake lot free from 11PM - 6AM, even though the hours of restriction are only 12:30AM - 4AM – some Council members expressed concern last year that making the lot free would affect revenue – parking revenue was never higher – situation was controlled – people were funneled into the lot – it worked – other than the politics of it, he doesn’t understand the opposition.
Attorney Gertner: asked that someone make a motion for the ministerial change, so it doesn’t get lost in the meeting.

Ordinance 2013-14 (Amend 2013-02) was introduced on first reading. Motion by Councilman Corbally to approve Ordinance 2013-14, which authorizes the ministerial change articulated to Ordinance 2013-02, changing the definition of District 3 area – boundary should now be the Atlantic Ocean, except that no portion of Arnold Avenue or Ocean Avenue shall be subject to this ordinance, was seconded by Councilman Gordon 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
Mayor Barrella: this does not expand anything, because the entire area is Ocean Avenue, which is not covered, and/or street ends which have paid parking, which is not covered (Attorney Gertner: ensures that businesses in that area are covered).

Ordinance 2013-04 (Zoning Changes due to new ABFE maps) was considered on second reading. Mayor Barrella opened the public hearing. Mayor Barrella left the room at 9:36PM and returned at 9:37PM.
Lee Kelly, PPB: doesn't want to put a damper on FEMA funds coming into PPB – half of PPB falls into the 11/16-foot map – Mantoloking Bridge area is about 2 blocks wide and 3 zones – Inlet Drive and Washington Avenue have the same flood map – maps are quite flawed – at PPB and Bay Head line, there's a difference of almost 7’ in a block – once maps are adopted, there is a 2-year appeal period available – right now, must concentrate on getting FEMA funds and getting the town rehabilitated – on Randall Avenue, there is a ranch home that's 11' in the air – it looks ridiculous – when all homes are raised 11’, we’ve got a problem – asked about disabled people who can’t climb 14 steps to get into their homes – they will need elevators – most homes will need 13 steps, per tonight’s ordinance – need engineering work in town during the 2-year appeal period (Mayor Barrella: decision was made when the Governor issued the Executive Order – he severely undercut every municipality and every homeowner – understands his rationale to get things moving, but it’s made things worse – this Governing Body will fight for changes, but don’t have a choice at this point).
Stan Angeloni, PPB: been in Mantoloking, Bay Head and Lavallette – has heard that flood maps have been drawn because there are no barriers on the ocean at this point (Mayor Barrella: it’s not that there aren’t barriers – when they did the maps, they looked at the distance from the ocean and elevations – hadn’t factored in the impact of barriers, which could be dunes, other homes, etc.) he is doing work on Long Point Drive in Brick, where people are being told they will be getting 3’ - 4’ waves, and must raise their homes 10’ - 11’ – it’s because there is no barrier (Mayor Barrella: have spoken about the need for easements; Councilman Reid; after the storm, elevators were flown over to take pictures – wherever the water was, became the line – during the 18 months to 2 years of appeal hearings, those in a D zone may come down to an A; Councilwoman Tooker: at the FEMA meeting at Antrim School, it was said they had been working on these maps for years; Councilman Reid: but they made changes after Sandy; Councilwoman Tooker: will need to be challenged).
Ben Dispoto, PPB: asked if dunes would extend through commercial and private properties (Mayor Barrella: Army Corps is not interested unless they’ve got easements for the entire beach) asked if dunes would affect this ordinance’s implications (Mayor Barrella: FEMA said they’d take it into consideration – they don’t want to commit to anything) asked if the State will provide engineering relief to PPB (Mayor Barrella: doesn’t know – hopes they would want a uniform system) no standard has been created (Attorney Gertner: not as far as he knows).
Motion by Councilman Gordon to close the public hearing and adopt Ordinance 2013-04 was seconded by Councilman Cortes and carried by roll call vote:
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-05 (Permission to Increase Dwelling Height) was considered on second reading. Mayor Barrella opened the public hearing.
John Amelchenko: ordinance is about raising the existing criteria for elevating houses – applauded the Governing Body for considering that – found, in the design of new houses, that 35’, based on the new ABFE’s does not permit those in large parts of PPB to construct a 2½-storey home, which is permitted under the ordinance – used flood map to illustrate the extent to which about ¾ of PPB is flood-prone, with largely residential zones within the flood zones – based on projects he recently represented at the BOA, he suggested the Governing Body consider different criteria for determining height – time to raise the standard for new construction, as well as existing homes (Mayor Barrella: there will be no carte blanche for new construction – can always go to the BOA, who will consider case-by-case; Councilman Tooker: Planning Board was clear about new construction – perhaps, need to ask the Planning Board to start looking at the Master Plan; Councilman Mayer: asked Mr. Amelchenko what he would suggest) depends upon the zone – magic number should be 30’ to 32’ above base flood elevation (Attorney Gertner: suggested Mr. Amelchenko send his recommendations to the Planning Board – if they accept it, the Governing Body can pass an ordinance; Mayor Barrella: this view was not just that of the Planning Board, but a uniform view of both boards and the Borough Engineer).
Paul Ward, Ward Realty, PPB: reiterated Mr. Amelchenko’s sentiments – restrictive height encourages the compression of homes – the more restrictive you are, the less creative one can be with roof pitches, etc., and still get an equivalent amount of living space, so that he can enjoy the same sq. footage and right of ownership where elevation is lower than someone up the street – want to encourage people to invest in aesthetically pleasing community, for real estate value – significant long-term insurance cost savings – will save by going higher – real benefit to encouraging some latitude for the benefit of the residents and the town.
Mario Simione, PPB: confirmed that, since his construction plans have already been approved, he is not considered new construction, and as long as he raises his house only to the ABFE, he will not have to go to the Board of Adjustment.
Motion by Councilman Gordon to close the public hearing was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA
Attorney Gertner: sounds like everyone is in favor of this ordinance, as it gives relief to existing homes, and the Planning Board approves of passing it – he would have liked the Planning Board to specifically address the issue of new construction (Mayor Barrella: Planning Board has had this issue before it with Ordinances 2012-37 and 2013-10 and it reported on all of them – the right place for Mr. Almechenko to make his argument was at the Planning Board, while they were considering these ordinances – not to ask this Governing Body to override what our professionals and boards have recommended; Councilman Mayer: has come back to him that the BOA feels that the Governing Body is telling them there should be a 35’ limit; Mayor Barrella: someone suggested it to him – doesn’t know where it came from) came out of the phone conference with Engineer Savacool – we have the existing ordinances in the existing Master Plan – should be made clear to the BOA that they are there to make adjustments, on a case-by-case basis, to particular plans – if the particular plans that come before the BOA deserve a variance, the BOA should diligently carry out their oath and grant them (Councilwoman Tooker: Paul Struncius, the BOA Chairman, sat on the committee when these ordinances were written – Dennis Galvin is the Planning Board and BOA attorney – he wouldn’t allow that chatter to go on – she knows, as a Councilwoman and BOA member for many years, that Council does not tell them what to do; Mayor Barrella: this is not intended to be a direction to leave it at 35’ and not to grant relief where they feel it should be granted on a case-by-case basis – intent is that the BOA do what it normally does, taking into account all circumstances, including Base Flood Elevations).
Motion by Councilman Corbally to adopt Ordinance 2013-05 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-06 (Move Single Family Residential Zone Line) was considered on second reading. Mayor Barrella opened the public hearing with no member of the public wishing to be heard.
Councilwoman Tooker left the room at 10:20PM.
Motion by Councilman Gordon to close the public hearing and adopt Ordinance 2013-06 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon….YEA
Councilman Corbally….ABSTAIN
Councilwoman Tooker…. No Vote, as she had stepped out for a moment.

Ordinance 2013-08 (Amend Ordinance 2012-36/Sewer Rates) was considered on second reading. Mayor Barrella explained that this is a correction to add the sewer portion and opened the public hearing with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2013-08 was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon ….YEA
Councilwoman Tooker…. No Vote, as she had stepped out for a moment.

Ordinance 2013-10 (Amending 2012-37 - Housing Reconstruction)
Mayor Barrella: Building Department raised some questions regarding the scope of this ordinance – concern to the department especially CEO Petrillo, is that anyone wanting to raise their house within their footprint, but also add a storey, would violate the area requirements of the ordinance, and anyone wanting to add a storey would have to come for a variance – Board and Building Department would like to see those non-conformities for new construction eliminated to allow someone to build the exact house where it was and grant some relief for stairs and lot coverage necessitated by raising the house (Attorney Gertner: that was the primary concern – intent is to expedite rebuilding of what was there, but for the flood zone – nothing else – it’s a narrowly-constructed ordinance) not intended to allow someone to completely deviate from what was there without going to the BOA (Councilman Mayer: it would be helpful, when doing these amendments, if Council is shown what is changing – apparently 2’ wasn’t adequate with the height) we can go online and look it up (Councilman Gordon: asked if the ordinance is time-critical) yes (Attorney Gertner: will get the code book) can hold until the end of the meeting.
Councilwoman Tooker re-entered the room at 10:23PM.
Councilman Corbally left the room at 10:30PM.
Motion by Councilman Cortes to hold the vote on Ordinance 2013-10 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Tooker….YEA

Ordinance 2013-11 (Misc Water/Sewer Rates & Regulations) was introduced on first reading.
Councilman Corbally re-entered the room during discussion of Ordinance 2012-11 at 10:33 PM. Councilman Reid: reminded all that this ordinances brings things up to where they should be, as PPB is way behind other towns – questioned why hours aren’t included (Attorney Gertner: hours are per Borough policy – in their contract).
Motion by Councilman Corbally to approve Ordinance 2013-11 was seconded by Councilman Gordon 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 2013-12 (Title 39 Rights) was introduced on first reading. Motion by Councilman Mayer to approve Ordinance 2013-12 was seconded by Councilman Gordon 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 2013-13 (Repeal Ban of Phone Participation at Meetings) was introduced on first reading.
Councilman Mayer: asked Councilwoman Tooker what she wants to accomplish (Councilwoman Tooker: shouldn’t be a hard and fast ban – once in a while, someone might be sick or there might be away during an important meeting – in the world of electronic communication, a ban is too much – can put restrictions on it; Mayor Barrella: went through a period during 2010 when Councilman Rizzo was unable to come to Council meetings – perhaps he had the capability and desired to participate – someone could get called away on business and they are willing to take time out of their schedule to call in – it’s responsible government) agreed and that’s why he is sympathetic – asked Councilman Corbally if he has changed his view on this, since he introduced the 2011 ordinance (Councilman Corbally: slightly – that was in response to Councilman Rizzo, actually – an example as a Councilman who is not able to understand the ordinances and what is happening and a group is lobbying him while a meeting is going on and instructing him on how to vote) this came late on Friday – sees a need for it – also thinks that there is no real authority and could be getting in trouble (Attorney Gertner: checked directly with NJLM, which has come out with some criteria about it) would like to refer this to Attorney Gertner for a recommendation (Attorney Gertner: no problem passing the ordinance to get rid of the ban – agrees with Council President Tooker that criteria should be set – if someone has been participating and is away on business, he should not be precluded – he is comfortable with this now, based on his research in 2009) would like him to share that research – doesn’t know if a voice counts as a quorum and if they can vote on non-critical matters.
Motion by Councilwoman Tooker to approve Ordinance 2013-13 was seconded by Councilman Gordon and carried by roll call vote. Public hearing will be held on April 9, 2013.
VOTE: Council Members Corbally, Mayer, Gordon, Tooker….YEA
Councilmen Reid, Cortes….NAY

Ordinance 2013-10 (Amending 2012-37/Housing Reconstruction) was considered on second reading. Mayor Barrella opened the public hearing to the public.
Attorney Gertner: deals with construction not abutting a public street (Mayor Barrella: construction on properties not abutting a public street, including oceanfront, requires a variance – oceanfront property owners need relief as much as anyone, or more – this allows them to comply with the ordinance without having to go for a variance for that purpose) that is for a limited 2-year period – deals with all zones – deals with both new construction and reconstruction.
Susan D’Zio, PPB: her house is on a slab and they have a patio out front – they are planning on mitigating to FEMA regulations – asked if she can have a porch on her house (Mayor Barrella: can bring the patio area up, and bring steps off of it – under this ordinance, can’t put a covering over it, but can go for a variance).
Paul Blinn, PPB: has 1927, 1½-storey home on the beach, which is more than 50% damaged – asked if he must build the same exact house (Mayor Barrella: can build 1½ stories – to go higher, would require a variance – base footprint would have to be the same) talking about leaving a half-destroyed house on the beach all summer – he thought the ordinance said you could build within the footprint, up to 35’ (Mayor Barrella: Building Department was very concerned about houses, which were already very close to neighbors, building up) doesn’t have setback issues (Mayor Barrella: can go up to 35’ if, in so doing, won’t encroach on the setbacks – once this is passed, CEO Petrillo will have something to work with – if she sees something that she feels requires a variance, she will let him and the Governing Body know – if Governing Body can fix it, they will).
Stan Angeloni, PPB: 9 years ago, he built his house to FEMA regulations – he built on the same footprint and needed a variance for the steps – couldn’t go out – had to go sideways.
Motion by Councilman Mayer to close the public hearing and adopt Ordinance 2013-10 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA
Councilman Cortes….ABSTAIN

PUBLIC PARTICIPATION BEGAN 10:52 PM.

Stan Angeloni, PPB: when his son played soccer, there were lots of geese on the field and they used moth balls – they don’t like the smell; had 2 occasions where house had no electric, no one was living in it, the stand pipe was full of sand and couldn’t be turned off from the street – house was turned off and the water meter froze – first time, it was simply exchanged – second time, was charged $140 before anything was done – doesn’t understand why; asked, if County doesn’t approve Chicago Avenue for the parking plan, if Chicago Avenue residents would get passes (Councilman Corbally: yes); asked, during the tragedy, why appliances that were thrown out weren’t kept by the town, but were allowed to be taken by people from other towns and states – could have made money – Lavallette and Ortley Beach kept mounds of appliances (Mayor Barrella: per DPW Superintendent Trout and Emergency Management Coordinator Grace, who were overwhelmed, the faster the stuff got off the street, the better – if people came in and took it, it was less that we had to contend with – there was a perceived need to get something done in a hurry – that was the rationale).
Marilyn Skillender, PPB: PPB was one of the cleanest communities – town did a beautiful job (Mayor Barrella: credited DPW and BA/CFO Riehl).

PUBLIC PARTICIPATION ENDED AT 10:56 PM.

Meeting was adjourned at 10:56 PM by consent of Council.



TRANSCRIBED BY: Eileen Farrell, Deputy Clerk


ATTEST: Maryann Ellsworth, Municipal Clerk


Published April16, 2013 | Council Minutes | 1574


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