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May 28, 2013


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:41 PM with Council Members Reid, Cortes, Corbally and Mayer present. Council members Gordon and Tooker were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally, to enter closed session to discuss 1 personnel, 2 potential litigation, 4 contractual and 2 attorney/client matters, and an update on litigation, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer….YEA

Closed Session began at 6:43 PM and ended at 7:35 PM.

Mayor Barrella called the regular meeting to order at 7:46 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 Corbally to approve the minutes of the May 7, 2013 Council Meeting was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Mayor Barrella: would like to hold off on Shade Tree appointment until the next Council meeting, so he can speak with Austin Robertson (needs contact information) and the Shade Tree Commission Chairwoman.

Attorney Gertner: addressed department head memos, relating to ABC licenses; Red’s Lobster Pot has requested an ABC Winery license – a state license for the purpose of encouraging wineries – would act as a point of distribution for the license – Council has the opportunity to opine – based upon statute review and discussions with ABC, there is not much discretion in the granting of the license – can make some requests on the margins – had a similar request, recently, so it may be time to debate (Mayor Barrella: this applies to NJ wineries that enter into arrangements with establishments in PPB – they are able to sell samples, as well as for consumption at the place of business – directed Attorney Gertner to discuss with ABC) would like to work with a Council member on the Governing Body’s requests and concerns (Mayor Barrella: asked Councilman Mayer to work with him and Attorney Gertner to draft something; Councilman Gordon: asked if this undermines those who have purchased “full price” licenses) it’s a policy determination (Mayor Barrella: probably – it was decided by the state legislature and signed by a Governor – it’s a state statute; Councilman Gordon: asked if Council must approve it, just because it’s authorized) ABC has direct right and responsibility to grant approval – can take the Governing Body’s concerns under advisement (Councilman Mayer: asked Attorney Gertner for the statute and ABC regulations – it’s been explained to him that if the statute’s criteria is met, it shall be approved; Councilman Reid: if approved, there will be 2 in the town, but there should only be 1; Councilman Mayer: asked if there is a limit) is not aware of one (Mayor Barrella: asked for a copy of the bill; Councilman Gordon: asked if there is precedence of anyone being turned down because a municipality was not in favor) Director and he were not aware of one (Councilman Mayer: they’re allowed to serve samples, bottles, glasses and takeout) correct (Mayor Barrella: understands they can sell samples and entire bottles, not individual glasses; Councilman Reid: winery owner must do the selling in a certain area of the restaurant; Councilman Gordon: asked if it’s still a BYOB establishment) yes.
White Sands is requesting an ABC Hotel/Motel Exception license – per statute, anyone with 75 or more hotel rooms can apply – it gives certain rights to sell liquor – the question is whether Council has authority to deny the request – per his research, there is at least the right to a hearing, but it’s debatable because of the criteria – it’s a policy issue - this establishment already holds an ABC license – would be adding another license to PPB, which already has more than a sufficient number, given the population – recommendation would be to have a committee [Mayor Barrella spoke over him: asked Council if they wished to have a special meeting or hearing prior to a Council meeting at 6PM (consensus was to start at 6PM) not in a position to implement this yet – someone must look at whether it would violate the variances granted – authorized hearing prior to the June 18th Council Meeting, or the one after – to be determined, based upon consultation with White Sands’ counsel – Attorney Gertner will contact their attorney to see when they want to come in and we’ll set it up and advertise it].

Joseph Leone Introna, owner of Joe Leone’s: introduced his daughter, Bella Rose Introna – here in response to standard letter he received, stating she can’t sell gelato in front of his store – it’s a totally charitable project – Miss Introna saw this in Italy, while visiting an orphanage he built – wants to do it for his 501-3c, the Joe Leone Earthquake Relief Fund that’s funding a battered women’s shelter in Italy, and for Restore the Shore’s Ways for Water – has full backing from the 501-3c’s – will run a report with costs and sales daily – asked for a resolution to get them through the summer – plans to go before the Board of Adjustment (BOA) in November or December to expand, putting tables and chairs out at his location – understood he would be allowed to have vegetable and flower carts in the “incoves” at his establishment (Councilman Gordon: asked Miss Introna how many days per week she would like to do this; Miss Introna: 3 or 4; Mayor Barrella: Saturday and Sunday; Miss Introna: yes; Councilman Gordon; confirmed that it is not for profit) she visited a creamery in Asbury to learn the process of making gelato – it’s good development for her to learn work ethic (Miss Introna: a few friends volunteered to help; Councilwoman Tooker: asked if it could be handled in the same way that interim music was allowed at a restaurant after Sandy; Attorney Gertner: that’s too complicated – if there is an approval in their resolution, not currently being acted upon, to sell something out of their carts, should restrict placement, indicate that it is not-for-profit, the owner’s minor daughter is doing it herself, there are no separate employees, etc. – would really restrict it; Councilman Gordon: confirmed that it will stay on Mr. Introna’s property) yes – right outside the door – there are outside video cameras for safety – would not let his 11-year-old daughter out there without an adult – her friend, Sandra, a teacher, will sit with her – if it gets hot, it will move inside (Mayor Barrella: confirmed that he will apply to the BOA and this will be folded into a larger plan and, when it is, will continue to be for charity) yes – Bella’s Gelato only (Mayor Barrella: directed Clerk Ellsworth to add this to the Consent Resolutions, with conditions, as indicated by Attorney Gertner – sale should take place where the tomatoes, etc., would have been, on Saturdays and Sundays, during daylight hours only, supervised by an adult, on the site previously submitted on the site plan indicating the sale of other goods; Councilman Gordon: asked that it be voted on now, so the Intronas would not have to wait around) it’s a gray area – so much went into the building planning – it was discussed during approval – didn’t have designed places where the carts would go; Mayor Barrella: to the extent that it exists, should comply as closely as possible) will be close to the door and not on town property – no holidays (Mayor Barrella: invited public comment and there was none).
Motion by Councilman Reid to approve Bella’s Gelato, with conditions, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon and Tooker….YEA


Councilman Reid: No report.

Councilman Cortes: JCP&L still hasn’t gotten the paperwork back; last night’s Recreation Committee meeting was cancelled due to Memorial Day; the Go Blue town-against-town walk, was Friday – 23 pedometers were given to seniors who signed up for PPB, so far – will be by Risden’s every 2 weeks to sign people up – lasts all summer – participants from the town with the most steps will get a BBQ – comprised of Long Branch, Belmar, Bradley Beach, PPB and Manasquan.

Councilman Corbally: met on May 13th with Council Members Tooker and Mayer and Engineer Savacool – this past week, Engineer Savacool pulled up all the decking from one end of the plaza to the other and is putting a report together by the end of the week; on tonight’s agenda is consideration of an RFQ for a Dune Consultant; waiting for hazard mitigation funding for Little Silver dredging; band shell is in disrepair – DPW Superintendent Trout worked with the electric company to get power there and there are stairs there now – DPW will do all the rebuilding and painting in the next month; no water for a Little Silver bathroom – would need a septic tank, which would have to be emptied – Committee is advising Council that it wouldn’t be a good project for this summer; District II police bathrooms were opened this weekend – sandcastle is in the process of being done – Inlet bathrooms are there and there is power, but not yet hooked up; spoke with Fulton County Bank, who has the “Waffles & More” building – been going back and forth with them on the safety of that building – they need to do something with it – they had a construction engineer there today, because they don’t believe the building needs to be taken down – they offered to put a 3’ fence around the building (BA/CFO Riehl: they asked for a 6’ fence and we told them 3’) 3’ fence wasn’t going to work around the whole building – BA/CFO Riehl spoke with the Building Department today, who approved a 6’ fence surrounding the entire property – BA/CFO Riehl will go back to him, after tonight, with Council’s decision (Mayor Barrella: the standard, by ordinance, is a 3’ fence when you have the frontage – if we’re going do something different because of the emergent nature and public safety, we would need a resolution (Councilman Reid: asked what kind of fence it will be – metal or one of those orange fences; BA/CFO Riehl: 6’ metal fence, temporary; Councilman Reid: asked when they can get the fence up; BA/CFO Riehl: before the end of the week, with our okay; Mayor Barrella: asked if it will be the green stuff, or end up being rusting metal, with the sea spray hitting it; Councilman Mayer: asked why they aren’t demolishing it) as of today, they were sending out their construction engineer (Mayor Barrella: asked if they think it’s structurally sound) he said, except for the outside walls, it’s fine and doesn’t need to come down – the façade was taken out (Councilman Reid: Council has been on the same page since October 30th – that building needs to be taken down if it’s a safety hazard – asked if the town can take it down and bill them for it – whether they have a consultant or not, it’s a safety issue – it’s an eyesore – should take it down; Mayor Barrella: would be inviting litigation; Councilman Mayer: it’s been unsafe for 6 months; Councilman Reid: the season is starting now; Mayor Barrella: asked, from a safety perspective, why a 6’ fence wouldn’t solve that issue; Attorney Gertner: would like an engineer to tell us on our end; Mayor Barrella: perhaps, need our engineer to evaluate the building from a structural capacity so that, if they say it’s okay, we’ve got something; Attorney Gertner: would also be concerned, aesthetically, how long the fence will be there – can’t be there ad infinitum – don’t want a rotting building and a rotting fence – should give them a finite period of time; Mayor Barrella: 30 or 45 days; Councilman Reid: July 1st; Attorney Gertner: put the fence up within 10 days –they should also have an obligation to share the report with us) that’s fine, if it’s enforceable – if, in 30 days, we can knock the building down – he agreed today to try to have the fence up by the end of the week (Mayor Barrella: 2 competent engineers should reach the same conclusion; Councilman Mayer: even if it doesn’t come down, it needs to be secured; Mayor Barrella: we can secure it with the fence and do the engineering study, their structural engineer can share their report with us – our engineer can determine the competency of their report and go from there – giving them a week or 10 days to get the fence up and 30 days to get the report is a reasonable approach; Attorney Gertner: shouldn’t tip your hand – don’t want to say you’re going to do something and then pull back; Councilman Reid: let’s set up the process; Attorney Gertner: security comes first – construction officials are dealing with it) clarified that, with this resolution, we’re going to say they can go with the 6’ fence and they need to give us the report within 2 weeks of what their construction engineer looked at today; Mayor Barrella: doesn’t know about 2 weeks – 30 days is reasonable, if we can have it by the next Council Meeting; Attorney Gertner: 20 days; Mayor Barrella: okay; Councilman Reid: it’s going to be there all summer, because the bank is not going to want to spend money – they’re going to go right to the 30 days, then we’re going to get the report and will need a couple weeks to review it; Mayor Barrella: need to get a report within 20 days, so we have something by the next Council meeting – won’t be able to act on it by then, but if they don’t have something by then, it gives us a reason to take the next step forward incrementally – directed Clerk Ellsworth to put this on a consent resolution); asked about revisiting the Master Plan and how it comes about (Attorney Gertner: not due for re-examination) has to be tweaked (Councilman Tooker: agreed, because of the storm and changes, even though the state extended it to 10 years, and PPB is not due for a couple of years; Attorney Gertner: it’s an expenditure; Mayor Barrella: there are engineering costs – nothing to be considered, mostly, west of the tracks where the storm had no effect – don’t need full-blown review; Attorney Gertner: suggested getting something to Stan Slachetka, an excellent planner at T&M so he can start thinking about the Governing Body’s concerns and make a recommendation; Mayor Barrella: excellent idea, but really looking for an examination of the existing Master Plan, to identify areas that may need to be adjusted, in light of Sandy; Attorney Gertner: exactly – it’s a narrowed focus; Councilman Mayer: asked Councilman Corbally what his concerns are) his concerns are limited uses in the MC Zone and the RR Zone/bungalow area (Mayor Barrella: discussed this at last Council Meeting – gave an additional 2’, but sensed BOA leadership thought it was inadequate; Councilman Mayer: BOA Chairman Struncius is trying to see what pattern emerges from the 22’ height restrictions, but the height ordinance and Master Plan Review are pretty far apart) would take a lot to allow those homes to go up to where they could, with garages underneath, and take some of the alleys and have a street going each way, for safety – should be considered by more knowledgeable people; Councilman Mayer: might want to have Engineer Savacool look at easements, etc.; Attorney Gertner: it’s a broad concept – may not be the statutory re-examination, but it’s important to get a planner involved and highlight some of these concerns, so there is a document through which to have a debate on some policy concerns – he can get that going – will get a proposal from the planner, with cost and recommended scope of service – having done work in PPB before, he can help provide guidance on the scope; Mayor Barrella: no need to vote) in response to some questions received, explained that all Council members are aware of what is discussed in Closed Session and the Governing Body is not allowed to divulge it to the public.

Councilman Mayer: met with BA/CFO Riehl last Tuesday to work through the $3.3M Community Disaster Loan (CDL) that’s on the agenda – would actually be approving the security agreement when we pledge our taxes for that CDL – wanted to understand the basis for the loan, get a feel for the cancellation provisions, and talk to Auditor Korecky – a 3-year draw-down – could theoretically split it over the 3 years – need to know where it would go in the budget, and the budget implications – goal was to move on to the capital budget and meet with the Finance Committee once he had a grip on the CDL – got complicated – not as easy to allocate between taxes, water/sewer, etc. – followed up with BA/CFO Riehl and asked her to look at the budget again, using the CDL to reduce the amount of the tax increase and to see what the impact would be in other areas, such as the amount of surplus we can apply and regenerate, and if there is a possibility, within the appropriation cap, for working through some of the appropriation issues we discussed in the water/sewer budget – hopes, now that Memorial Day has passed, we can move on those issues this week with the Finance Committee and bring the budget back on June 18th.

Councilman Gordon: Beautification Committee meets tomorrow – will have a report at the next Council meeting; gave Police report for Memorial Day weekend, May 24th-28th – while only 2 of the 4 days had decent weather, arrests included 11 drinking in public, 3 failing to yield to pedestrians, littering, obstructing, 5 misbehaving, 2 under-age alcohol use, 2 public nudity, 7 sleeping in motor vehicles, and 13 urinating in public – criminal arrests included 1 boating while intoxicated, 2 criminal mischief, 12 disorderly conduct, 3 DWI, 1 heroin possession, 8 marijuana possession, 3 weapons possession, 3 resisting arrest, 5 simple assault, and a variety of others, for a total of 48 criminal arrests – hopes civility will be restored over time – it was “baptism by fire” for a number of new officers – also responded to 14 first aid calls and 15 motor vehicle accidents; he, Mayor Barrella and Council Members Mayor and Tooker had the honor of participating in the 9/11 National Flag Tour at the Highs School last Friday – the flag flew over the World Trade Center site and was in storage for 7 years – was brought out after tornado in Kansas to represent the country coming together – women patched it with flags that had flown in Kansas during that time – this event morphed into a national tour, for which flags, which flew in each of the 50 states, were used to patch the giant 9/11 flag – heartwarming – one patch includes 3 threads from the original Star Spangled Banner, that flew at Fort McHenry and about which Francis Scott Key wrote the National Anthem – not a peep out of the high school kids – really held their attention – each of the PPB representatives got to sew a stitch in the flag – something that will stay with him for a very long time – a very proud moment for this town – Chief O’Hara and Deputy EMC Grace also attended, and Veterans were asked to participate as well.

Councilwoman Tooker: met with Jay Vitale and crew at the Maryland Avenue Beach area –very impressed – they were working so hard – he thanked John Trout and others for helping him get going for the summer – will be building new garbage and recycling cans – he asked if DPW could build the steps up and extend the path for easier beach access – he would also love more parking – Engineer came up with 5 additional parking spots on Beacon Lane in 2009 – 4 spots were actually created – the ordinance, 2009-29, was approved on first reading, but didn’t pass due to resident concerns – thinks it should be revisited – it’s our only public beach – the driveway aprons on Beacon Lane are way oversized (Mayor Barrella: asked her to provide a copy of the ordinance to Clerk Ellsworth so she could scan it and email to the Governing Body – if 2 Council Members would like it on the next agenda, he will put it on); Delaware Avenue storm drain is really bad, but will be getting done; asked if the state would put up another sign or blinker for the crosswalk on Route 35 (Chief O’Hara: can ask the state for a crosswalk at the blinking lights – Bay Head has one; Mayor Barrella: he will speak with Councilwoman Tooker to get something out to DOT); had a great senior citizen luncheon the other day, with 45 in attendance – some who had relocated, due to Sandy, came to see each other; got a card for the Recreation Committee from a woman who is willing to do free senior programs for us; a couple of meetings ago, Floor Area Ratio (FAR) ordinance was discussed – she corresponded with the professionals – ready to get something on paper – hasn’t heard any specific ideas from the Governing Body – asked Attorney Gertner to provide some detail (Attorney Gertner: first draft will contain a FAR of .56 – maximum building coverage for a 6,000 sq. ft. lot would be 3,360 sq. ft., excluding non-habitable space and garage – concern was raised about the number of additional non-conforming uses it would create – based on history, it could create very many non-conforming structures, although there has not been a survey done – every corner lot in the SF-5 Zone is non-conforming – most of the housing in the RR-1 Zone is non-conforming already, and every residence in the MC Zone is non-conforming – there’s an outline to start the communication and policy (Mayor Barrella: asked if one would be allowed to do this FAR with a single-family home, because that would defeat the purpose) it wouldn’t be a box – each floor would have a different percentage (Mayor Barrella: directed Clerk Ellsworth to add authorization to draft to the Consent Resolutions).

Mayor Barrella: met with Local Finance Board on May 8th, along with BA/CFO Riehl and Auditor Korecky, to get the waivers needed – had a “shoot for the stars” request, in terms of spreading out the cost of Sandy recovery and the amortization of debt – were given 5 years – if we have not recovered sufficiently by then, we can ask for 5 more; BA/CFO Riehl has identified areas where the budget and tax levy increase can be reduced on a pre-Sandy basis, for the purpose of coming up with a tax rate – would use the CDL to hold to that rate – using borrowed money to reduce the tax rate, as it can get you into trouble; exciting day today – both Governor Christie and President Obama were in town – Councilman Cortes shook the President’s hand – was in Asbury Park for his speech along with BA/CFO Riehl and Councilman Corbally – received an invitation to personally meet with the President – there were 25 on that list – was quite an experience – in some ways, would have preferred greeting him and the Governor when they came to PPB, but this was the next best thing – disappointed that he didn’t hear what he wanted to, which is that the FEMA reimbursement would be going from 75% to 90%, but thinks it’s coming – the President said he spent money in PPB, so asked him to come back and spend more.

Administrator Riehl: met with Ocean County about their Hazard Mitigation Plan – went with CO Gardner and OEM’s Chris Dempsey – there was a series of questions and checklists on preparedness – Little Silver Lake dredging, Inlet Drive property, school generators and 353 individual homeowners are on the list for mitigation – next step will be in late September, when they have a limited draft plan, and will call everyone in for another interview; emailed the Governing Body and Clerk Ellsworth about the CDBG Disaster Recovery funding, which is not the Hazard Mitigation, but additional grant available to homeowners – their web address is posted to our web site for those interested; emailed all a spreadsheet/FEMA update on project worksheets – filed another this morning for $515K – been meeting a couple of times a week with Amy Lynn from The Louis Berger Group, who has been extremely helpful in this process – have researched, identified, documented and written roughly $8.3M in project worksheets, and they’ve been out since early March – holding on the sewer main and Delaware Avenue/Beacon Lane sand blockage, because we are holding bids in early June – Silver Lake parking lot repairs are on hold because we are still negotiating with AshBritt – they returned a PW, written for damage in total vehicles – they wanted more insurance information – have received, to date, about $203K in insurance reimbursement from various sources, but not a penny from FEMA – of the $8.3M, they’ve obligated only $2.8M in early May – we get only 50% of that $2.8M up front – frustrating.

Mayor Barrella: asked Clerk Ellsworth to recap the additions to the Consent Resolutions (Clerk Ellsworth: added items 3/e – 3/h).
Councilman Corbally: questioned item 2/b, which he just learned about tonight (Councilman Gordon: $3K cash and $3K in volunteer labor; Mayor Barrella: it has to go in the budget, so we can take it out of some of the things BA/CFO Riehl has identified; Councilman Gordon: asked about the advantage of having this inventory) spoke with Shade Tree Commission Chairwoman, Kitty Stillufsen, briefly at 5:45PM tonight – approved an inventory of hazardous trees last year – this will overlap it somewhat, but will give us an idea of every tree and its health – doesn’t really understand it, and she was unable to be here to answer questions (Mayor Barrella: this is an inventory of all public right-of-way trees; Councilman Reid: asked about the difference between this, and when we went out to the public walkways to see the trees; Councilwoman Tooker: read Ms. Stillufsen’s e-mail; Mayor Barrella: just got that e-mail at midnight – there is a deadline – if we authorize them to apply, we are not obligated to accept the funds – if we are actually going to spend money, will have to know why this is different; Councilman Mayer: doesn’t know the status of the hazardous tree inventory; Councilman Corbally: still looking for someone to do it; Mayor Barrella: they need to be here and provide more than an e-mail at 5:15PM on the night of a Council meeting – just authorizing them to submit the application, so this is non-controversial).

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 9:02 PM

Vince Castin, PPB: counting trees make no sense; asked for clarification on the Hazard Mitigation funds (BA/CFO Riehl: the Hazard Mitigation Grant Program gets tied into the overall Mitigation Grant Plan – clarified that Little Silver Lake is on the County’s Hazard Mitigation Plan – County will meet with us in September to finalize the overall plan; Councilman Mayer: asked how much was applied for and the likelihood of it being awarded; BA/CFO Riehl: can’t answer that now) asked if something can be done with the lake in the interim – it’s a health issue (BA/CFO Riehl: have scheduled a treatment for the algae and debris – mobilization for the equipment starts at $2K; Councilwoman Tooker: asked if it’s reimbursable; BA/CFO Riehl: tried with DEP, who said that Lake Louise would be the only lake addressed) asked if DPW could pull out some of the stuff by people’s yards (BA/CFO Riehl: they can still do the algae treatment – it would just be costly for them to remove the debris as well; Councilman Reid: it’s got to be cleaned up; Councilman Gordon: asked if $2K is the cost or a retainer; BA/CFO Riehl: it’s for mobilization, and they work in increments of 16 hours, but would be willing to work with us because there isn’t 16 hours worth of work; Mayor Barrella: asked BA/CFO Riehl for an estimate; BA/CFO Riehl: about $4K; Mayor Barrella: directed Clerk Ellsworth to add this to the Consent Resolutions); asked if there would be any follow-up instructions to the parking pass mailing (no); thinks the time has come for the Master Plan.
Representative from the Barnabas branch of Hope and Healing: asked for permission to do a Walk and Talk in PPB – meet once or twice a week – anyone who wants to join can walk and chat with them – it’s just to get people out to walk (Councilwoman Tooker: that would be a great thing and information can be put on our web site) do intergenerational crafts with seniors and young children in Bay Head – could do something like that here (Councilwoman Tooker: suggested she meet with the Recreation Committee) will take her information after the meeting.
Tom Davis, PPB: asked for the purpose and intent of the RFP for item 3/f, Dune Consultant (Mayor Barrella: current ordinance speaks to a Dune Inspector and Dune Consultant, not a Dune Committee – in order to get the ball running, will get a consultant in – doesn’t stop Mayor or the Environmental Commission from appointing an ad hoc committee to work with that Dune Consultant and the Dune Inspector – but, there is no statutorily-defined Dune Committee).
Dave Cavagnaro, PPB: on behalf of the Beautification Committee, thanked DPW for all their help in picking up debris, replacing barrels, etc. (Councilwoman Tooker: flags look great too) closed session items have gone back to being generic – items coming out are not the same as those going in, and the list that is read at the beginning of the meeting does not match what’s on the agenda (Attorney Gertner: some things are resolved after tentative agenda goes out on Friday – and committees sometimes have things to be addressed) agenda is generic – when the public looks at it, they are never sure what you are going to be discussing – might be convenient for you, but doesn’t encourage public to know what their government is doing, especially behind closed doors (Councilman Gordon: it’s not privy to discussion; Attorney Gertner: it’s a little different than the agenda items themselves – action taken on closed session items is done in public and the resolution read indicates that – those portions that may become public do, when appropriate) but that is after the fact – if there is litigation, the agenda could say, Litigation: Dave Cavagnaro v. PPB – you don’t get anywhere near that specific – and now, you have bold titles that aren’t even going to be covered (Mayor Barrella: don’t want to identify potential litigation) understands, but sees identical generic items, meeting after meeting (Mayor Barrella: asked Clerk Ellsworth to start identifying the number of items under each topic, to the extent she knows); disagrees with Council’s consideration of another Shade Tree inventory, when the one authorized last year wasn’t done yet – if a committee doesn’t do its due diligence to get it’s information to Council in a timely fashion, and doesn’t explain things beforehand, no steps should be taken (Mayor Barrella: deadline for application is May 31st – agreed they should have been more diligent) same argument last time for the same thing and the work was never done; thanked Councilman Corbally for his vision for the bungalow community – would make it easier for people if 22’ height limit was based on the ABFE and not on the curb line.
Pat Knight, PPB: asked if you’re not allowed to raise you house if you’re still waiting to hear about the Mitigation Grant (BA/CFO Riehl: believes that’s correct).
Betty O’Grady, PPB: those on the oceanfront feel defenseless – built a dune as best they could, but the people on either side of them have leveled it – if we get a big storm this summer, will all be rather defenseless – have to do something right now and not allow everybody to do as they please just because they have a business.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 9:23 PM

Councilman Mayer: asked BA/CFO Riehl what she is doing on the appropriation in 1/e (will be modified – instead of the bond ordinance, will be credit card/administrative fees – already spoke with Clerk Ellsworth about the change); Councilman Cortes: asked about item 3/b (BA/CFO Riehl: have been appropriating, over the last few years, to do the restriping throughout town – police department is helpful in pointing out areas – it’s pretty much everything east of the tracks); Councilman Gordon: missed closed session – asked for a quick synopsis of item 3/e (Mayor Barrella: agreement that’s been discussed in the past – Teamsters backed off on the open issue).
Motion by Councilman Corbally to approve items listed below was seconded by Councilman Reid and carried by roll call vote.
a) Support A3896/S2618, supplementing the Eminent Domain Act as it pertains to dune construction and beach replenishment
b) Approval of Grace Tabernacle Church S/E Application for Boardwalk ministry
c) Progress payment #1to Oswald Enterprises for “Sandy” water main cleaning ($17,275.49)
d) Payment to DEVO for installation/training/airtime for 6 parking machines ($6960)
e) Payment to DEVO for airtime for 43 parking machines ($6309)
f) Approval of Payroll #10 ($233,953.84)
g) Water/Sewer bill adjustments (5 accounts)
h) Payment to Selective Insurance for flood insurance for police substation ($4527)
i) Payment to Johnny on the Spot for portable restrooms rental at Inlet ($2511)
j) Scheduled payment to PPB Board of Education ($896,181.52)
k) Payment to Rileighs Outdoor Décor for snowflake swag skyline ($9133.20)
l) Payment to Denise Sweet from BOA escrow acct ($200)
m) Payments to T&M Associates from escrow accts ($5864.25)
n) Progress payment #3 to Bird Construction for Boardwalk Reconstruction – Contract B ($61,570.95)
o) Progress payment #4 to Bird Construction for Boardwalk Reconstruction – Contract A ($162,846.60)
p) Payment to Arcadis for Hurricane Sandy DEP debris monitoring ($7508)
q) Payment to Petroleum Traders for gasoline ($24,171)
r) Appointment of temporary P/T Building Dept. clerk
s) Payment to Hunter Tech for annual support/equipment warranty ($2997)
t) Payment to Motorola for replacement portable radio ($6,868.46)
u) Payment to Jobsite Trailers for 3 month rental of restroom trailer ($2,150)
v) Payment to Marjam Supply for safety boot guardrail system ($699.72)
w) Payment to Ben Montengro from BOA escrow ($338)
x) Refund unexpended BOA escrow accounts ($5819.08)
y) P O to Dell Computer for 2 Finance Dept computers/software ($2,793.34)
z) Re-hire assessment inspector to perform re-inspections of storm-damaged homes
a) Official request for FEMA disaster recovery loan ($3,382,583)
b) Authorize Shade Tree to apply for matching funds grant for tree inventory on public ROW
c) Payments of computer generated vouchers ($1,267,523.77)
d) Payment to All Time Auto Body for vehicle repair - partially reimbursed through vehicle insurance
e) Payment to All Time Auto Body for body work/paint of Dodge van ($1485.20)
a) Support Landrieu/Vitter amendment to Flood Insurance Reform Act of 2012 which would delay hikes of flood insurance premiums
b) P O to Lasting Lines to repaint parking lines ($.19/linear foot)
c) Payment to Caruso Excavating for sand restoration/dune reconstruction Maryland Ave beach ($1800)
d) Approval of Payroll #11 ($238,982.13)
e) Authorization to accept Teamsters Union contract (Closed Session)
f) Authorization to prepare and advertise RFP for Dune Consultant (Closed Session)
g) Authorization for 6’ fence around entire Waffles & More property, with conditions
h) Authorization for Borough Attorney to draft Floor Area Ratio ordinance
i) P O to Allied Biological for algae treatment and debris removal (not to exceed $4K)
VOTE: Council Members Reid, Cortes, Corbally, Mayer (all but items1/k), Gordon,
Councilman Mayer (item1/k only)….NAY

Mayor Barrella announced that the vote on Ordinance 2013-09 (Salaries for New Hires) would be held until the June 18, 2013 Council Meeting.

Ordinance 2013-18 (Refunding Bond) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Mayer to close the public hearing and adopt Ordinance 2013-18 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-19 (Multi-Purpose Bond) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Councilman Mayer: Ordinances 2013-18 and 2013-19 were approved by the Local
Finance Board on May 8th – total of these 2 ordinances is $9,453,000 (most of the Sandy expenses) – BA/CFO Riehl has FEMA APPLICATIONS in for $8.8M – out of that $8.8M, the difference between 75% and 90% becomes very important – looking at a deficit of between $2M and $3M – no real option, need to do this.
Motion by Councilman Reid to close the public hearing and adopt Ordinance 2013-19 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-20 (Placement of Parking Placards) was considered on second reading.
Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Gordon to close the public hearing and adopt Ordinance 2013-20 was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-21 (Public Defender) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Councilman Mayer: asked Attorney Gertner if this was reviewed by him (yes), the Court Administrator (she initiated it) and Public Defender (no) – there is some redundancy and some typos – not thrilled with Section 1’s reference to Session Law from 1997 – asked if there was any urgency on this and if the judge had reviewed it (Mayor Barrella: typos can be fixed – the reference to Session Law is not an issue – can be replaced by statutory reference in the actual ordinance; Attorney Gertner: Code Services sometimes does that in any event – Judge’s review is not necessary – Court Administrator sets forth the process by which the Public Defender is appointed – standard AOC form – no urgency, but sees no reason not to pass it) suggested it be held for Court Administrator’s and Public Defender’s comments (Attorney Gertner: this is to try and bring our ordinance in accord with Point Pleasant’s – in some municipalities, the Public Defender and Conflict Public Defender have other appointments – this ordinances changes that because the Public Defender, unlike all the other attorney appointments, can appear before boards because they’re defending against the state – there are no conflicts to appear before the boards and Governing Body – cleans the ordinance up from an attorney ethics perspective – Public Defender won’t comment on it; Councilman Gordon: it’s our policy, not the Public Defender’s).
Motion by Councilman Gordon to close the public hearing and adopt Ordinance 2013-21 was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Gordon, Tooker….YEA
Councilman Mayer….NAY

Ordinance 2013-22 (Hotel/Motel ABC License Fees) was introduced on first reading.
Motion by Councilman Gordon to approve Ordinance 2013-22 on first reading was seconded by Councilwoman Tooker and carried by roll call vote. Public hearing will be held
June 18, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA


Vince Castin, PPB: asked for an explanation and duration for item 3/a (Mayor Barrella: Senators Landrieu and Vitter of Louisiana introduced a bill to delay the impact of the Biggert-Waters bill, enacted last year to do away with Federal subsidy of flood insurance – would continue to keep flood insurance rates at their current subsidized level for a period of about 5 years or so; thanked Mr. Castin for the Memorial Service that he and the VFW put on).


Meeting was adjourned at 9:46 PM by consent of Council.

TRANSCRIBED BY: Eileen Farrell, Deputy Municipal Clerk

ATTEST: Maryann Ellsworth, Municipal Clerk

Published June19, 2013 | Council Minutes | 1620

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