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May 7, 2013


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM 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 1 possible litigation, 1 attorney/client and 2 pending litigation 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 6:36 PM and ended at 7:19 PM.

Mayor Barrella called the regular meeting to order at 7:33 PM. Present were Council Members Reid, Cortes, Corbally, Mayer, Gordon and Tooker. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Reid, to approve the minutes of the April 23, 2013 Council Meeting, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Tooker….YEA
Councilman Corbally….ABSTAIN

Clerk Ellsworth announced that 1 personnel item was added to the closed session items and that nothing from closed session would be added to the agenda. Correspondence and Department Head memos were discussed, with items moved to agenda.

Attorney Gertner: regarding, Adopt A Spot banner for St Peter School at Loughran Point, it’s always concerning, particularly in PPB, given the litigation in 2010 and mixing the secular and the religious – St. Peter School’s emblem is a cross with an anchor (Councilman Gordon: any anchor, including those in the US Navy, has the same emblem, coincidental or not) this is a secular purpose – it’s St Peter School’s emblem – any other church, synagogue, mosque, who may want to adopt a spot will want to get their message out that they are adopting the spot and this is their emblem – that doesn’t mean Council is establishing their religion as a basis/not supporting it – should be mindful of the question (Councilman Gordon: issue presented wasn’t so much the religious vs. secular issue, but the size of the banner – if the proper process was followed, the Beautification Committee would have told St Peter School that their banner is bigger than the standard throughout town – there was miscommunication – it’s an $800 sign and the school has put thousands of dollars of work into that area, as part of the clean-up process – the Beautification Committee understood their position and recommended that Council grandfather this until the demise of the sign – they figured the sign would last maybe 2 years, conceivably longer, if taken down in winter – once it is no longer presentable, the school will take it down and comply with the ordinance – because the banner says “Adopt A Spot,” they can’t put it anywhere else; Mayor Barrella: directed that this be put on the agenda, grandfathered through the end of 2015) confirmed with Councilman Gordon that, based on his research, it’s clear that a reasonable observer would not find that the message conveyed is religious, but purely secular (Councilman Gordon: he did not – people who have grown up in PPB and/or go to St Peter School understand that it is their standard emblem, but he would not take it as such).
BA/CFO Riehl: addressed request for water relief from Befumo – unfortunate that they are failing in their business and had a very large, cumulative water bill, with accumulated interest – they had requested that Council waive their interest once before and it was denied – they have come forward again, asking to have the penalty waived – recommended upholding the interest, as it hasn’t been waived for others, and offering them a payment plan with rolling interest – it’s standard procedure – must pay within a certain time period.
Attorney Gertner: spoke about Administrative Office of the Courts (AOC) mandated changes to Public Defender Ordinance – this is just about bringing PPB’s ordinance in line with the AOC, clearing up the language – per Court Administrator, since sharing the court and staff, ordinances should mirror each other – Municipal Clerk Ellsworth and Court Administrator Sargent culled through Pt. Pleasant’s ordinance and placed changes into our ordinance (Councilman Mayer – needs to look it over) something that is new is that the Public Defender must not have another appointed position in the Borough – AOC wants it clear that a town’s Public Defender should not also be representing that town on some other board or activity – considers the ordinance change to be ministerial (Mayor Barrella: directed that this ordinance be put on the agenda for introduction; Clerk Ellsworth: will wait until next week to advertise) advised that the ordinance should be introduced by title only.
BA/CFO Riehl: all parking programs have been consolidated to one placard – Ordinance 2013-20 is needed to reflect this (Mayor Barrella: directed that this ordinance be added to the agenda for introduction; Attorney Gertner: important to get this through to second reading in late May, so that it can be enforced in June).


Councilman Reid: No report.

Councilman Cortes: will meet with JCP&L’s layout engineer to see if they can place a meter at Pleasure Park, so they can turn the lights over – this is being dragged out and he keeps calling them to push it along; will be attending “Dune and More Dune and Dough” seminar at Monmouth University tomorrow; he offered dune grass from his house to anyone who wants it; been on Council for 4 months – shouldn’t have to find out about the Non-Resident Taxpayer (NRTAC) meeting with Council by reading “The Patch” – e-mails should have gone out (Councilwoman Tooker: NRTAC has been inviting Council members 2 by 2 – she and Councilman Gordon attended their last meeting – they are having an Open House for all non-resident PPB taxpayers on June 15th – can’t have more than 3 Council members, so they invited Mayor Barrella, Council Liaison Corbally, and Councilman/Finance Chair Mayer) understands that, but there had to be correspondence from NRTAC Chairman Sloan to someone in Borough Hall – at that time, an FYI e-mail should have gone out to Council, so he wouldn’t have to read it in “The Patch” [Mayor Barrella: agreed, took responsibility and apologized for the lack of communication; Councilman Reid: agreed – when he read about the meeting on “The Patch,” he was under the impression that he, as a Council member was supposed to attend – asked if the meeting could be opened to all of Council (no)] this is the 4th time such a thing has happened since he took office.

Councilman Corbally: we are ready for summer – parking boxes are up – Inlet bathroom will be tweaked, as will parts of the Boardwalk – Surf Taco building is closed up – compared to other towns he observed, PPB has done a tremendous job getting ready for summer – thanked BA/CFO Riehl – unfortunately, there are a lot of houses going down and building going on, a lot of “For Sale” signs – will probably take a few years to get through our system – as a town, we did everything we could possibly do.

Councilman Mayer: Finance Committee hasn’t met since April 22nd – been in discussion with BA/CFO Riehl – asked her to circulate a memo to Council about salary and 2% cap – if Council has questions, they can speak to her or to him – budget is being held up by the Community Disaster Loan (BA/CFO Riehl: they are requesting supplementary information) hoping it will come through in the next 3 weeks – still some work to do on the Capital Budget – part of this is for Phases II and III of the security cameras – asked Chief O’Hara to describe Phase I, which is on tonight’s agenda for payment (Chief O’Hara: Phase I is the complete infrastructure – hardware, software, antennae – now have a private wireless network between police headquarters and the Boardwalk sub-station – there is a camera on the roof of District II that can scan the Boardwalk, at the foot of Arnold and all the way down Arnold Avenue towards the railroad tracks, throughout the interior of Borough Hall, including the cell block, inside the Police Department, in the Council Chambers, and on the perimeter/exterior of Borough Hall – Phases II and III are additional cameras for the Boardwalk, Inlet, downtown, train station and DPW areas, and another set of antennae for downtown, because they have only a 120-degree radius) Phases II and III are among the largest capital budget items, estimated at $130K – a fallout of the December vote on Phase I – he and BA/CFO Riehl had some discussions on the rescue truck – there are some items left over from last year’s capital budget – Chief’s vehicle, turnout gear and rescue truck – asked Councilman Cortes to speak to him or BA/CFO Riehl about it – there are elaborate plans from 2006 to redo District 2 – need to come to some decision on that – working on Boston Avenue, water meters and Trenton Avenue.

Councilman Gordon: met with Beautification Committee last week – they are a truly dedicated group of people – thanked them for their large investment of time – cost is a major factor in determining what plants they will utilize, so they are a cost-conscious and well organized group; Police Committee will be meeting on May 20th – reported on police activity from April 23rd through May 7th – 7 arrests for offenses including theft, trespassing, aggravated assault, obstructing, harassment, disorderly conduct, possession of marijuana under 50g, possession of drug paraphernalia, and DWI – 7 subjects were arrested on outstanding warrants from PPB and other jurisdictions – police responded to 10 motor vehicle accidents, 13 First Aid calls, and 13 complaints of theft; on April 17th, a cryptic message was sent to Antrim School – was determined to be a potential bomb threat – school was cleared and was deemed to be safe – they identified the responsible individual – there was no intent involved, but the police erred on the side of safety, which was the prudent thing to do.

Councilwoman Tooker: Community Endowment Fund met and has a new treasurer and secretary – donations are tax deductible and can be earmarked for specific things; High School Student Council is having another free Senior Citizen Luncheon on May 23rd at Vicino di Mare; received a letter from the USDA (Attorney Gertner: May 2nd letter was directed to the Administrator – there was an application made for watershed protection assistance, related to removing sediment and debris from Little Silver Lake – it’s been found that the issues at Little Silver Lake did not come from storm surge – will follow up with Engineer Savacool and DEP) thinks it can be proven that it was ocean water and sand; thanked BA/CFO Riehl, as the storm sewer that was missed by the County has now been done; gave the Building Department report for March: 52 building permits, 73 plumbing permits, 75 fire permits, 5 CO’s, 2 construction fines, 75 electrical permits, 8 grading and drainage permits, 66 mercantile licenses, 7 vending licenses, 9 rooming house licenses, 10 violations for grass cutting and weeds, 19 state housing inspections, 18 fire registrations, $49,937.20 in revenue, previous year-to-date revenue was $172,707, current year-to-date is $222,644 – Building Department remains extremely busy – there is a lot going on and they need help (Councilman Cortes: would be nice to have some addresses of houses that have been raised, so that people can see what they look like).

Mayor Barrella: last Sunday, he appeared on Skype with MSNBC, who called him for an interview about “Sandy, Six Months Later” – spoke about PPB – his message was, “There is virtually nothing that you did in PPB last summer, that you will not be able to do this summer,” with the exception of a couple of restaurants – same message when he and the Chamber’s Carol Vaccaro and Ed Branagan met with representatives from the Economic Development Administration, our local representative from the Governor’s office and others regarding advertising – they’ve awarded a $25M advertising contract to Councilman Reid’s firm – very productive meeting – thinks the Chamber is happy – a generic pitch for NJ, but there will be local tie-ins – they’re not going to play the Chamber’s commercial – Ms. Vaccaro pointed out that some Chambers of Commerce received grant money – they said it’s only for charity – but we have a 501(c)(3) Community Endowment Fund – so, they will check on that; DOT is not starting the Route 35 reconstruction project until after Labor Day – he wasn’t included on the conference call when they made the decision, but was assured that they heard pretty loudly from PPB – it’s a good thing that they will not be doing work on the roads until after Labor Day; asked Chief O’Hara if any of Phases II or III involved the school, if the school is separate or if their camera system is tied into the Borough’s (Chief O’Hara: the school has its own camera system, not tied into the Borough’s, but the police have access – can view the cameras in the schools – have a 42” split-screen, with 16-camera viewings all the time, but don’t have the ability to monitor all on a regular basis, but if there is an alarm call from the school, can key it up and take a look before the officers get there; asked Councilman Mayer about the status of the budget (Councilman Mayer: it balances out – revenue equals expenses – but haven’t tinkered with it in a while) will e-mail him 3 or 4 areas where adjustments can be made – the rules of the game have changed – are allowed to bank the 2% cap for 3 years – can make these adjustments, put that into the cap bank and mitigate the amount of the tax levy, but still have some stability going forward – will discuss the areas where this can be done with BA/CFO Riehl and then get it out to the Finance Committee – if nothing else, it will lower the current tax levy, but protect the future by leaving us cap room (Councilman Mayer: cap room is going to be less of an issue because of the CDL); he and Councilman Mayer are not on the same page on the plaza issue – the plaza is the section of the Boardwalk from Arnold Avenue to the aquarium – plan was to do this section in wood – if it’s done in Trex, or another material, it requires taking it all apart – he favors wood, while Councilman Mayer favors a more permanent material – a difference between $300K and $1.2M (Councilman Mayer: was working through the capital budget with BA/CFO Riehl and the Finance Committee – had promised that the plaza would be done in the fall, but realized there was no money in the capital budget – Engineer Savacool has uncertainty as to the condition of the pilings underneath – may want that resolved) if it’s not falling down and the boards are splintered and broken, let’s fix what needs to be fixed – Engineer Savacool felt an area by the aquarium might collapse, so it was fixed, although it was originally only supposed to be resurfaced – it’s prudent to put it in the budget as a wish list (Councilman Mayer: it’s not that simple – to put it in the budget impacts the capital improvement fund or waiver of the down payment – he’s not determining the capital budget projects – he just ran across this discrepancy that needs to be resolved (Councilman Reid: asked for an explanation of what needs to be done; Councilman Mayer: the early discussion was that, if you put Trex in the plaza, the pilings must be a certain distance apart – they must be closer than they are because Trex can’t span as much as wood – it is much cheaper, although less durable, to use wood instead of Trex; Councilman Gordon: it’s short-sighted – we always put the Band Aid on things, rather than fixing them – would be prudent to determine the condition underneath and look long-term – can be done over 2 seasons – will end up costing more if it’s not done right the first time) that’s true, but Engineer Savacool is comfortable doing it with wood – that’s what was discussed with Jenkinson’s – this is a $900K burden that will probably not be reimbursed – right now, we are looking at 75% reimbursement, but that can shift to 90% – $900K is a lot of money to commit to something that may not need to be done (Councilman Mayer: he is not trying to take over the Building and Grounds aspect of this – per Engineer Savacool, if the pilings and Trex are redone, it will last 30-40 years – if the deck is redone, it will last 10-15 years; Councilman Cortes: before the summer, a couple of stringers and sections need to be fixed) are searching for $6K for lights on Arnold Avenue, looking at whether we can afford to help the Chamber get a commercial message out, and we are having serious considerations as to whether or not we are going to promote people or hire an additional officer to allow us to have a School Resource Officer – all are legitimate financial concerns – to spend $1.2M because Trex will last longer would be a last resort (Councilman Mayer: agreed – many current expenses need attention – prioritizing current expenses is an issue too – a lot of issues, including Silver Lake).

Administrator Riehl: she and Mayor Barrella are going to Trenton tomorrow, to appear before the Local Finance Board to ask for waiver of the down payment on the refunding bond ordinances, which was all of the operating expenses from Hurricane Sandy for which we wouldn’t have otherwise been able to bond – it’s also to lay out a structured plan over a number of years for repayment (Councilman Mayer: the waiver of the down payment is in the Consent Resolutions – should not be a topic of discussion tomorrow – if there is a substantial capital expenditure at the plaza because of the partial Sandy damage to the eastern 16 feet, would be legitimate to ask for the waiver of that – and that adds more to the timeline; the refunding bond ordinance was $5,260,000 – don’t know what’s left – that’s where the 75% or 90% becomes important – if it is of the full amount, or something less – doesn’t know how the Director is going to work that out tomorrow; Mayor Barrella: got approved for $2.1M, subject to the invoices for the repairs); recommended renting temporary bathroom facilities from a different company at $325/month as opposed to $1,600/month – would have to pay for delivery and relocation and rent for the time the current one has been there (Councilman Reid: asked if there is anything better looking than what is depicted in the photo) yes (Councilman Cortes: asked if it provides handicap accommodation) new company will provide it at 1/3 of the cost (Mayor Barrella: get it done; Councilwoman Tooker: asked about getting one for Little Silver also) can research prices (Councilman Mayer: asked about the plan for the bathroom at the District 2 substation – need a long-term answer; Councilman Gordon: that’s a future discussion).

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 8:35 PM

Ann D’Agostino, PPB: asked about the status of the side agreement to the easement letter (Attorney Gertner: letters went out today – they addressed many of the concerns raised at the other meetings) asked what the deadline is to get the letter back (Attorney Gertner: as soon as possible; Mayor Barrella: Congressman Runyon threw out the May 1st deadline, but that was never hard and fast – Commissioner Martin said they’d like to begin the project in fall 2013 – might be optimistic – it costs the Army Corps $100K/day to do the beach replenishment project, so they want the letters back right away; Attorney Gertner: it’s a moving target from the State – giving the best information we have – appreciates the input in the side agreements to address the unique circumstances of PPB residents); read in the “Ocean Star” that Borough divers have done 2 scans of the ocean from Trenton Avenue to the Inlet and back – asked if they would scan from Trenton Avenue to Bay Head (Councilman Reid: directed BA/CFO Riehl to ask them to).
Administrator Riehl: thanked resident Dave Cavagnaro for volunteering his time to get the parking passes out.
Dave Cavagnaro, PPB: Governing Body has the Beautification Committee’s recommendation for the St. Peter School Adopt A Spot banner – sent his personal recommendations as well – has issues with the religious symbol of a cross – asked for a condition that St. Peter School be informed that if there are any complaints, they will be asked to take it down; regarding item 3/h asked if the First Aid & Emergency Squad could be asked to move their event to the other side of the tracks where there is not as much construction (Chief O’Hara: it’s not practical because of the major roadways in that area) asked if they can find another area, so construction vehicles can get by; asked if there would be a notice sent out explaining that the 2013 assessment number is going to be higher (BA/CFO Riehl: it’s not gone out yet); asked, again, if there are plans to address height issues in the bungalow area – if property values are negatively affected, the cost will be passed on to others in town – needs to be addressed soon – people are frustrated – seems to be a mentality of looking at a master plan that, since the hurricane, is outdated (Mayor Barrella: had a discussion with the Board of Adjustment (BOA) Chairman – BOA believes that slow approach is best, but there are certain areas where there are problems, even when people are just trying to raise their house and do nothing else – he asked the Chairman to have BOA Attorney Galvin get in touch with Borough Attorney Gertner with their ideas) rental properties get a new CO each year, which means that, each year, they are bound by the new standards – the definition of bedroom physical space has changed over the years, so many 3-bedroom or 4-bedroom units are now, legally, only 2 or 3 – in many cases, people need to build a second storey to maintain the 2 or 3 physical bedrooms that they originally had (Attorney Gertner: advised him to testify to the BOA) BOA should be aware that PPB has been doing this for years – it’s not fair that, every year, ¼ of property owners are required to get a new CO – now, that issue will compound the problem in the bungalow community – doesn’t think that is something the BOA is considering – he owned a unit there that was 3 bedrooms up, 2 bedrooms down and, within a year, 3 bedrooms became 2 bedrooms (Attorney Gertner: State Housing Code caused this change).
Vince Castin, PPB: 15-year life span for the Boardwalk makes sense – some of the boards in that area have lasted 20 years, and they don’t look bad; asked about the USDA letter (Councilman Reid: our application is with the DEP, so he doesn’t know why the USDA would get involved); asked about donating to the Chamber’s ad campaign (will consider tonight); received his parking passes in the mail – would have expected a letter with it – people will be confused (Councilman Corbally: will have to work through that).
Pat Knight, PPB: asked about the resident parking passes (they will be a sticker on the parking placards); she can get on the beach at Maryland Avenue, but can’t get off because of all the litter – asked that it be addressed; asked about access to the beach owned by the Elizabeth Carter Association (Mayor Barrella: that’s a DEP access issue – if they chose not to open it to anyone, even their own members, doesn’t know of anything that can be done about it; Attorney Gertner: will attempt to get an inventory of DEP agreements with individual members – beyond that, we really have no other answers).
Bob Maloney, PPB: asked if he needs to fill in any information on his District 3&4 parking placard (no).
Greg Mazzatta, PPB: asked about a bee ordinance in town for recreational bee keepers (Councilwoman Tooker: currently, it is permitted, since there is no ordinance against it; he should check with his neighbors, who might be against it; Mayor Barrella: asked him to call Councilwoman Tooker tomorrow).
John Loughran, PPB: Mr. Mazzatta is his next-door neighbor – he has no objection to having bee hives so close to his house.
Kim Deitz, PPB: had bees on her property for 2 years – lost her hives in Sandy, but is in the process of getting more – her neighbors don’t mind at all.
Ben Dispoto, PPB: asked why the plaza area is not reimbursable (Mayor Barrella: the Martell’s and Jenkinson’s buildings acted as dunes to protect that section of the Boardwalk) asked about the Waffles & More building, which is an accident waiting to happen (Clerk Ellsworth: CO Gardner sent the owner a notice of eminent danger and a notice to demolish – they have until before Memorial Day to address) per our ordinance, those kinds of buildings should be gone 45 days after the disaster – it’s not enforced (Attorney Gertner: the letters did go out – we are in the process; Councilman Corbally: they were spoken to 3 or 4 months ago, and conversations have been going back and forth with our Building Department, Code Enforcement and Administrator – it is bank owned – don’t know what they are going to do); regarding item 3/b, asked how many seasonal DPW people we have, length of appointment and pay rate (BA/CFO Riehl: this will be the third – appointment is May-September – pay rate is $12/hour); asked about overgrowth of grass and vegetation at unoccupied houses (Councilman Corbally: letters went out to everyone in PPB – violators will get a warning).

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 9:06 PM

Clerk Ellsworth announced items added to the agenda. Councilman Cortes asked if electrical service would be installed during the switch of the temporary bathroom facilities in item 2/l (yes); Councilman Corbally asked for a clarification of amounts in items 2f and 2g; Councilwoman Tooker agreed with Mr. Cavagnaro’s comments on item 3/h and asked Council to consider, going forward; Councilman Mayer asked Chief O’Hara where he is at with items 2/a-c (Chief O’Hara: there will be 15 Parking Enforcement Officers, 36 Class I Officers, and 35 Class II Officers, based on today’s numbers – losing bodies very quickly – last Memorial Day weekend, there were 58 Class II’s on staff – there are only 17 left – have 17 new Class II’s graduating from the Academy – have added 21 additional Class I’s and 14 new Parking Enforcement – it’s an ever-changing number – losing people quicker than we ever have in the past – must have those discussion at the Police Committee meeting on May 20th – Part-time Communication officers work at the substation on the Boardwalk in the summertime and they assist the dispatchers in headquarters on the weekends and night shifts – insurance for the water leak is paying for the substation damages, minus $2500 deductible – insurance wouldn’t pay for a trailer if we chose not to fix it).

Motion by Councilman Mayer to approve items listed below was seconded by Councilman Gordon and carried by roll call vote.
a) Approval for continued participation in Green Acres Program and authorization for Mayor to
execute documents
b) Approval of St. Peter School PTA S/E Application for car/raffle sales on Boardwalk
c) Payment to Caruso Excavating for sand excavation at New Jersey Ave/Boardwalk concession
building ($4050)
d) Payment of second quarter 2013 installment to OCUA ($320,265)
e) Approval of Payroll #9 ($230,181.06)
f) Approve sale of two old Cushman refuse scooters to PPB Board of Education ($850)
g) Payments to Denise Sweet & Assoc from BOA escrow accounts ($400)
h) Progress payment #3 to Bird Construction for Boardwalk reconstruction – Contract A ($185,782.08)
i) Progress payment #2 to Bird Construction for Boardwalk reconstruction – Contract B ($180,625.27)
j) Payment to Dell Computer for Police Dept. computers ($5869.02)
k) Payment to Plainfield Consultation Center for police recruits psychological evals ($6825)
l) Payment to Pedroni Fuel Co for diesel fuel ($11,148.50)
m) Approval of Ocean Fire Co #1 S/E application for motorcycle raffle on Boardwalk
n) Payment to State Health Benefits for employee health benefits ($106,554.62)
o) Payment to Meridian Occupational Health for police recruit physicals ($6325)
p) Payment NJ Business System for Phase I wireless video security system ($75,347.75)
q) Payment to Diesel Solutions for transmission replacement ($3232.05)
r) P O to Interact Public Safety for maintenance contract ($5713.20)
s) Payment to Quill Corp for police office furniture ($2549.78)
t) Payments to Galvin Law Firm from Planning Bd & BOA accounts ($4952.99)
u) Payments to the Ocean County JIF for insurance policies ($455,314.17)
v) Payments to All Time Auto Body for ‘Sandy’ repair to fire vehicle ($3170)
w) Approve Ocean Fire Co #1 Ladies Aux request to charge for parking in municipal lot adjacent to
their building
x) Approval of hand checks ($5,850,870.83)
y) Payment to Layne for valve replacement/installation of valve ($4687)
z) Progress payment #2 to Earle Asphalt for Woodland Ave road improvements ($16,278.95)
a) Appointment of seasonal Parking Enforcement Officers (14)
b) Appointment of seasonal part-time Communications Operators (5)
c) Appointment of seasonal Special Law Enforcement Officer, Class II (1)
d) Water/Sewer bill adjustments (4 accts)
e) Payment to Johnson Baran for inlet parking lot repairs ($32,776.50)
f) Approval of Farmers’ Market S/E application
g) Payment to Beyer Ford for 2013 Ford for Bldg Dept ($26,816)
h) Approval of Disabled Veterans S/E app for “Forget-Me-Not” flower drive
i) Approval of computer-generated vouchers ($1,310,868.37)
j) Change Order #1to Bird Construction for additional work on Boardwalk Contract A ($13,050)
k) Payment to Brick Utilities for April bulk water usage ($57,778.70)
l) Award contract to McKeon Electrical for electric service installation at Temp Inlet Comfort
Station ($1875)
a) Progress payment #1 to Earle Asphalt for Silver Lake Parking lot paving ($77,628.92)
b) Appoint of seasonal public works laborer (1)
c) Change Order #1 to Bird Construction Contract A for add’l reconstruction work ($13,050)
d) Approval of curb cut request 117-119 Randall Avenue
e) P O to Airpower International for replacement for “Sandy” damage air compressor at
Ocean Fire Co#1 ($32,723)
f) Change Order #2 to Bird Construction Contract A for add’l reconstruction work (-$6300)
g) Change Order #1 to Bird Construction Contract B for add’l reconstruction work ($7182)
h) Approve First Aid & Emergency Squad S/E app for Monster Dash 5K on 10/26/13
i) CONSIDERED SEPARATELY as Resolution 6 (Approval of the St Peter Adopt A Spot
banner through 2015)
j) Authorization for a Water/Sewer payment plan for 210 Arnold Avenue
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

RESOLUTION 4: Approval of Beautification Committee’s request for skyline decorations Councilman Mayer: asked about funding (Mayor Barrella: is confident the $6K is there to spend – police officer salary was budgeted from January, but officer did not start until April or May – 1/3 of his salary remains, so there is room; Chief O’Hara: there were other items in the police budget that were cut back from his original request – if there is going to be money diverted from police, he would like to have some of his items reconsidered; Mayor Barrella: that’s not money that was diverted, but money that wasn’t spent; Chief O’Hara: will need money to send Specials to the Academy in the fall; Mayor Barrella: but there are other instances of that in other areas – money that can be cut back to lower the tax rate) not against Christmas lights, but need to start looking at our core purposes – would encourage the Beautification Committee and Chamber of Commerce to raise funds for these things.
Motion by Councilman Reid, to approve Beautification Committee’s request for skyline decorations, was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Gordon, Tooker….YEA
Councilman Mayer….NAY

RESOLUTION 5: Approval of donation towards Chamber’s “We are Open” marketing campaign Councilman Reid: Chamber has put $16.5K towards creating a really good commercial – spoke to head of marketing at 101.5 about a radio commercial for $10.8K using the video’s audio – Big Joe Henry would do a live show on May 25th, about PPB being open for business with promos preceding it – trying to work out segments at all different places [discussion ensued about whether or not approval was received from the Chamber to use their audio (no), whether or not Big Joe Henry was scheduled to be on the Boardwalk on the 25th, available grants, and who is the target audience].
Motion by Councilman Reid, to donate $10.8K for “We are Open” radio marketing campaign, died for lack of second.

RESOLUTION 6: Approval of the St Peter Adopt-A-Spot banner through 2015
Councilwoman Tooker: asked about putting a mechanism in place if there should be complaints (Attorney Gertner: if Council is inclined to approve this, there should be an understanding that it is grandfathered for 2 years and there should be an understanding from St. Peter School that there was a misunderstanding, and they should be amenable, under reasonable circumstance, to addressing those complaints; Councilman Corbally: explained to Joe Introna that, if there is a problem, all bets are off).
Motion by Councilman Gordon, to approve St Peter School Adopt-A-Spot banner on wind turbine at Loughran’s Point, which will be allowed to hang “while it looks good” with the Borough Administrator determining the issue of condition and “looks,” was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-09 (Salaries for New Hires) was considered on second reading. Clerk Ellsworth made an administrative change to correct 2 titles to mirror correct Civil Service titles – change will be made before being sent to the codifiers, but does not need to be advertised; announced that these are salaries for persons hired after June 1, 2012; BA/CFO Riehl: an employee was hired within this time frame – without passage of this ordinance, there would be an issue with his salary; Mayor Barrella: as there is no deal with the union, asked if it is Attorney Gannon’s recommendation to approve this – doesn’t want them to file a lawsuit; Attorney Gertner: without knowing the status of that particular employee, should have the public hearing and hold the ordinance – some things might work themselves out in 3 weeks.
Cindy Brodeur, TWU Representative: this is a matter for the pending mediation – the union is not against reducing salaries, but they’re being asked to reduce it by 30%+ while promotions and new hires are being made in other unions, which seems unfair – there are positions that need to be filled and they are being held against the TWU to get them filled – have never had that before – positions have been open and vacant long before negotiations started – TWU is the lowest-paid union, doing the most work.
Motion by Councilman Gordon to close public participation and carry vote on Ordinance 2013-09 to May 28th without further notice was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-20 (Placement of Parking Placards) was introduced on first reading.
Motion by Councilman Corbally to approve Ordinance 2013-20 on first reading was seconded by Councilman Gordon and carried by roll call vote. Public hearing will be May 28, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-21 (Public Defender) was introduced on first reading.
Motion by Councilwoman Tooker to approve Ordinance 2013-21 on first reading was seconded by Councilman Gordon and carried by roll call vote. Public hearing will be May 28, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA


Councilman Mayer left the room for a few moments.

Ben Dispoto, PPB: Council should have discussed Resolution 5 to be sure there would be a second – it’s embarrassing to Council – everyone should get a vote – it’s a cheap way out (Councilman Gordon: it’s the democratic process – the onus would be on the individual making the presentation to ensure there is someone in his corner) you’re all in this together, elected by all of us (Councilman Gordon: by virtue of no second, all understood the position of 5 of the people on Council – makes perfect sense – this is just business as usual) need to communicate better – if there is not a second available, you shouldn’t bring it up – someone should’ve made a second as a courtesy to the public.
Dave Cavaganaro, PPB: thanked Council for their vote on the skyline decorations; on the Adopt A Spot, asked that the application be changed, so it is clear going forward.


Meeting was adjourned at 9:52 PM by consent of Council.

TRANSCRIBED BY: Eileen Farrell, Deputy Municipal Clerk

ATTEST: Maryann Ellsworth, Municipal Clerk

Published June05, 2013 | Council Minutes | 1608

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