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June 18, 2013

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:03 PM with Council Members Reid, Corbally, Mayer, Gordon, and Tooker present. Councilman Cortes was absent. Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

John Chiaia, attorney on behalf of 1106 Ocean Ave., Inc., t/a The White Sands Oceanfront Resort and Spa: also present on behalf of the corporation are his parents and principal hotel owners, Frank & Cathy Chiaia, his brother, Vincent, a Bay Avenue resident, his sister Christina Ranuro and her husband, Frank, who are shareholders and River Vista Lane residents, his sister, Cathy and her husband, Rich, who are Washington Avenue residents, and their CFO and Curtis Avenue resident, David G. Pestkowski, CPA; hotel has been in operation for 30 years, with a predominant customer base of families with children; two properties, on either side of Ocean Avenue, comprise the corporation – presented a survey map of the White Sands Hotel western property, a 3-storey building and center of the business located at 1205 Ocean Avenue (A1), a survey of the eastern oceanfront property, comprised of 5 buildings located at 1106 Ocean Avenue (A2), a floor plan of the restaurant in building 500, which faces the ocean on the eastern property (A3) – the 500 building is under construction, as a result of damage by Super Storm Sandy – will now be on pilings and include a laundry room, per Board of Adjustment (BOA) approval – laundry will not be open to the public and will be operated by hotel staff; lobby and check-in for both sites is in the 1205 building – restaurant is currently on the second floor - have BOA approval to close the restaurant and make 4 bedrooms out of it, so that will be one less bar where alcohol will be served; restaurant on the eastern side will now serve breakfast, lunch and dinner, instead of just breakfast and lunch – a liquor license would benefit that business; catering functions and Papa’s Lounge will remain in western building; almost 130 rooms, in total – current law requires a hotel or motel to demonstrate that they have 100 rooms in order for a license to be granted under Hotel/Motel Exception.
Mayor Barrella: asked how the rooms are split between properties.
Christina Ranuro, General Manager: was sworn in by Attorney Gertner.
Attorney Chiaia: asked Mrs. Ranuro approximately how many rooms are in the hotel and how many are across the street.
Mrs. Ranuro: there are 52 in the hotel and 74 in the eastern property.
Councilman Reid: confirmed with Mrs. Ranuro that the same company owns both, trading as the same name, and there are approximately 52 bedrooms in the hotel (A1).
Councilman Gordon: so 52 rooms, plus the 4 more is 56 – the resolution of approval always references 55 – asked where the missing room is coming from.
Mrs. Ranuro: may be off by a room – would have to go back and count.
Attorney Chiaia: confirmed with her that there are more than 100 rooms, almost 130, in the combined buildings; currently, guests complain about not being able to get drinks in the resort area – corporation leases a portion of the beach from the beach association – proposal is to serve alcoholic beverages around the pools, in the restaurant area and within guestroom buildings – would also like to license the parking area, to give them autonomy to tent that area for a large private party or special event; had a prior meeting with governing body in 2001 or 2002, to gauge council sentiments on expansion of the hotel liquor license across the street - this application differs from that substantially – now, have a restaurant which is closing – also, in 2000, there was not a hotel/motel tax, which would have translated into more tax revenue for the municipality if the Governing Body had considered the transfer (Councilman Cortes arrived at 6:22PM) not expanding existing license, but asking for brand new one under the Hotel/Motel Exception – would be issuing a license to a hotel that qualifies under the legislative intent of extending liquor licenses to hotels that have more than 100 rooms; prepared, with accountant, a summary of the last 12 years of sales (A4), an analysis of increasing real estate taxes paid to the town, which has increased yearly by $3K to $11K annually– hotel/motel tax didn’t exist prior to 2003 - $306K of hotel/motel tax was paid in 2012, with only a 70% occupancy rate – in 2000, the occupancy rate was 93% - hotel/motel tax has added a great deal of revenue to the town – but it doesn’t necessarily go up, because occupancy rates keep going down; after Super Storm Sandy, the hotel looked at where they have been for the last 10 years, and tried to come up with a business plan that would make it more successful, which would transfer into more hotel/motel tax paid.
Councilman Corbally and Mayor Barrella: questioned hotel/motel tax percentage of 8% and amount of $306K.
Attorney Chiaia: swore in CPA, David G. Pestkowski (Office: 236 Broadway, Bayonne) to explain how he came up with the $306K.
Mr. Pestkowski: 8% includes the 3% to PPB and 5% to the state – people started reducing their length of stays because rooms were becoming too expensive – guests would like a drink when they get back to the hotel – hotel could use that to increase revenue and sell more rooms.
Mayor Barrella: not going to debate the merits of the hotel/motel tax or price points for hotel rooms – asked Mr. Chiaia to continue with what is germane to the liquor license.
Attorney Chiaia: referenced A3 – window front of restaurant will face out onto the beach - floor plan illustrates a service bar in the corner – intended to be a family-style restaurant, which will be served with alcoholic beverages – this license would be important to the business and its longevity.
Mayor Barrella: minutes from prior meeting, “Application to Extend Licensed Premises” show Council had an extensive debate and “no” vote was unanimous - asked why this is different – it seems that in 2002, corporation tried to expand license from Point A to Point B, and is now looking to expand, perhaps, from Point B to Point A.
Attorney Chiaia: this is no longer an expanse of a license, but a request for a license – legislature saw fit that any business with 100 rooms or more could apply to the town for a license.
Mayor Barrella: BOA application says there are 73 units in the eastern buildings; tried to get an extension of a liquor license to cover 2 separate and distinct buildings in 2002 – the Council unanimously said “no” - asked why anything is different today – thinks Attorney Chiaia has answered it, in the sense that he believes the Hotel/Motel Exception negates the fact that they’re 2 separate buildings.
Attorney Chiaia: the restaurant closing, it is a new license under the law, and it’s a new application – whether it’s 75 or 100 rooms, the hotel has 130 – makes no difference to ABC that a road goes through the 2 properties – they gave him examples of numerous hotels which have streets running through them – there are many such situations in Atlantic City.
Mayor Barrella: clarified that it is not Mr. Chiaia’s position that the statute requires that the license be issued.
Attorney Chiaia: no, that's a decision of the Governing Body – but we are eligible.
Councilwoman Tooker: asked if the Hotel/Motel Exception is for the rooms and mini bars, or for the whole hotel operation, including the restaurant.
Attorney Gertner: Council has the right to make reasonable exceptions and conditions on the license – Attorney Chiaia makes specific reference to ensuring that part of the Hotel/Motel Exception area includes the parking lot – generally, a Hotel/Motel License includes the rooms - mini bars and service.
Councilwoman Tooker: restaurant seems like it should be a separate license.
Attorney Gertner: they are asking that the license cover the restaurant, which is operated under the same corporate structure and the same license.
Mayor Barrella: thinks Councilwoman Tooker’s concern is what would stop a Hotel/Motel Exception applicant from turning their catering facility into a disco lounge.
Attorney Gertner: could try to plan for that by making a restriction, limiting the specific use, before they can come back – one reason PPB has more licenses than population would permit is the closure of hotels over the years – when hotels disappeared, Hotel/Motel Licenses did not.
Councilwoman Tooker: clarified that this is different from their current license.
Attorney Gertner: yes - asked what the plans are for the current license.
Councilman Gordon: asked if their current license doesn’t cover all their rooms.
Mayor Barrella: existing license only covers western facility.
Attorney Chiaia: existing license would be overlapped by the new license and, therefore, would have no affect - would have to file with the ABC to pocket the existing license – hotel would then have a new license under which to operate, which would cover the 130 rooms and the pool area.
Mayor Barrella: PPB has an ordinance that indicates no more liquor licenses east of Ocean Avenue - so this would, arguably, violate that ordinance.
Attorney Gertner: applicant would argue that, as a unified license, the ordinance doesn’t apply - disagrees with Atlantic City example because there are covered walkways over the roads between buildings – they are connected in some way, architecturally – case law indicates that, where physical structures are not connected, you are really talking about alleyways and vestibules – PPB has history with that – Martell’s asked to expand their license to the candy store – Council denied that request, but ABC overturned it, because only an alleyway separates the buildings.
Mayor Barrella: asked, hypothetically, if the corporation acquired the Sand Pebble hotel, a block or two away, if the Hotel license would apply to that building because it’s a unified hotel.
Attorney Chiaia: can’t answer that – very hypothetical – did not analyze that.
Mayor Barrella: suggested he analyze that situation because it’s important to him – concerned about the accumulation of motels under one umbrella corporation, and jumping across various streets – concerned about motels on Broadway.
Attorney Chiaia: if this application is not approved by ABC, they will reject it.
Mayor Barrella: primary authority is with the governing body – ABC would either ratify their decision or review any appeal filed.
Attorney Chiaia: there is good reason for Council to want to help a business that's been in PPB for 31 years – not trying to create a disco – never has.
Mayor Barrella: don’t confuse questioning the possibility with accusation – if license is issued, business is subsequently sold, and new owner goes in that direction, license would run with the property – if new owner was not as community minded, would be opening up the door for that – that’s a concern that this Council may or may not have.
Attorney Chiaia: should absolutely have that concern.
Councilman Corbally: would this go from 22 to 23 licenses (Clerk Ellsworth: 23-24).
Mayor Barrella: 2 cases that say a license can’t be denied for going over the population.
Attorney Chiaia: Council could deny renewal to a future owner that decided to turn it into an unfavorable disco tech.
Mayor Barrella: another question is that hotels and motels are not a permitted use in the area, from a zoning perspective.
Councilwoman Tooker: asked if the spirit of the Hotel/Motel Exception is to cover just rooms, mini bars, etc.
Attorney Gertner: has worked with hotels - if a chain were to come in, it would build at least 75 rooms, so they could get a Hotel/Motel License – would want to serve in the rooms and would put a restaurant, catering facility and meeting rooms in there as well – spirit and intent, from a practical business perspective is a full-service resort – there is a condition in both BOA resolutions that you can’t advertise – asked Attorney Chiaia to explain.
Attorney Chiaia: understands, from the resolutions, that the hotel may not advertise drink specials – no liquor sale advertisement at all on the signs.
Mayor Barrella: confirmed that drink specials could be advertised in the “Ocean Star.”
Councilman Reid: doing a lot of “what ifs” and appreciates looking to the future, but doesn’t understand why we're being caught up by the road - it’s owned by the same company.
Attorney Gertner: appears, from the 2002 minutes, that they would have qualified to seek a Hotel/Motel Exception.
Mayor Barrella: asked why they are coming here now, looking for a second license – already have one – appears that they are looking to get a license that will cover both premises and then put the more traditional license into pocket status, that they would be able to sell to someone who might want to open a traditional bar.
Councilman Reid: asked Attorney Gertner if a restriction, such as a 10-year moratorium could be put on that.
Attorney Gertner: ABC controls that.
Mayor Barrella: has questions – not certain Council is in a position to complete this now.
Councilman Mayer: asked what the current licensed premises is.
Attorney Chiaia: whole hotel – 3 stories.
Councilman Mayer: asked what their request for the new license is.
Attorney Chiaia: the request is to comprise the buildings across the street, restaurant across the street, pool areas on either side of the restaurant across the street, and one parking area to accommodate a large tent for special events.
Councilman Mayer: asked if that could be done case-by-case.
Attorney Chiaia: that would be fine
Councilman Mayer: asked their intent regarding music.
Attorney Chiaia: there is no intent for music – maybe, perhaps, one entertainer inside the restaurant at night for dinner.
Councilman Mayer: asked if that would be an acceptable condition – a limitation on loud/live music – asked when the restaurant is opening.
Attorney Chiaia: hoping it opens August 1st, perhaps sooner.
Frank Chiaia (not sworn in): shooting for 3rd week in July - as for music, he runs a family place and always will - hopes hotel will become a family legacy - have to worry about his tenants – families - not going to disrupt their sleep at 10PM or 11PM – also, people come to the resort wanting to enjoy an adult beverage by the pool – not being able to provide it hurts immensely.
Councilman Mayer: confirmed with him that he has no intent to have a bar, but merely a restaurant service bar - asked what their beach relationship is.
Attorney Chiaia: the hotel leases the right to let its guests use the beach - showed their property line and where the beach starts.
Councilman Mayer: confirmed with him that tenants have unrestricted beach access – asked if they would serve liquor on the beach (no) and if guests can drink on the beach (they can do what they do now) – asked if Philadelphia Avenue is the northern boundary on the western parcel.
Attorney Chiaia: it’s the southern boundary on the eastern portion and the northern boundary on the western portion – Washington Avenue is on the south side of the hotel and New York Avenue is on the north side of the beachfront – access to an alcoholic beverage requires people coming from the beach or pools to cross Ocean Avenue – would be much safer if they could stay by the pools and have a beverage there.
Mayor Barrella: would be a violation if someone were carrying an open container.
Councilman Reid: asked Chief O’Hara about the way the hotel has been run over the years – if it’s a good hotel and if there are a lot of calls there.
Chief O’Hara: get called there occasionally, but not prepared to comment because notice on this meeting was very short.
Councilman Gordon: people will still transit Ocean Avenue – asked if the entities would be competing against each other and be open the same time – asked about bar hours.
Attorney Chiaia: no – there will be only one restaurant, which will be on the ocean side – asked his father to address bar hours.
Frank Chiaia: was sworn in by Attorney Gertner - have one bar in the banquet area – people throwing private parties were not happy with guests purchasing drinks there, but if he didn’t allow guests to do so, they were unhappy – that’s why he created Papa's Lounge which opens between 11AM and 2PM until about 10PM-midnight - guests just come down to get a drink and watch sports – doesn’t intend to compete against himself on both sides of the street - that restaurant will be open through the season until about December – will serve hotel guests January and February in the courtyard of the hotel - made a major commitment with this hotel - hopes he can get support of Mayor & Council to take care of guests as a resort.
Councilman Gordon: a lot of the town’s recent problems have been alcohol-related – Council was forced to take action because of the quality of life issues – appreciates that he is trying to draw in extra people, but his fundamental concern that the lure is alcohol – knows it’s a family run business that caters to families, but when you start to provide more alcohol, that’s where concerns start to rise.
Frank Chiaia: agrees with his assessment – guests don’t use their bathtubs for bathing, but to keep their alcohol cold – he could curtail alcohol being brought into the rooms with this license – would restrict the problem, rather than enhance it – can’t have outside liquor in licensed premises.
Mayor Barrella: would have an enforcement problem.
Councilman Gordon: asked what percentage of anticipated summertime business in Papa’s Lounge and in the restaurant, comes from hotel occupants.
Mr. Pestkowski: would guess mostly guests – don’t get practically any outside business.
Councilman Reid: asked, if this goes through, if they would pay more hotel/motel tax to the town.
Attorney Chiaia: absolutely – people used to stay for 2 weeks – now they stay for 3 days – would be much more comfortable there if there was service around the pool – if they could get people to stay longer, it would boost the hotel/motel tax.
Mayor Barrella: suggested carrying until July 9th - asked Chief if that would be enough time for him to have something.
Chief O’Hara: must check Capt. Dikun's schedule - as he has handled all ABC matters for 15 years and is the expert, wants him to be here – he couldn’t be here tonight, as his daughter was graduating from High School.
Mayor Barrella: will shoot for the 9th, with the understanding that, if the Chief needs more time, he will inform Clerk Ellsworth – if Capt. Dikun is unavailable, then it will be the 30th.
Attorney Gertner: asking for a motion to carry this application to July 9th.
Councilwoman Tooker: asked how this is noticed.
Mayor Barrella: this is not a true carry because public participation hasn’t occurred yet, so will have to notice it again.
Clerk Ellsworth: they had to notice in the newspaper twice within 7 days that they were applying – she put the notice of hearing in the newspaper twice, 7 days apart.
Mayor Barrella: will notice for either July 9th or July 30th, depending upon Capt. Dikun’s schedule – Chief should know tomorrow – can take a motion to carry it until the 9th, with the understanding that, if Capt. Dikun is not available, we’ll carry it again until the 30th (all agreed on 5:30 PM).
Motion by Councilman Mayer to continue the hearing until July 9, 2013 at 5:30PM was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA
Mayor Barrella: asked Attorney Chiaia to consider things like why the Sand Pebble example wouldn’t be covered under his argument.

Motion by Councilman Reid to enter Closed Session to discuss 1 personnel, 1 contract negotiation, 1 potential litigation - dunes, 1 potential litigation, 2 litigation and an attorney client matter, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Closed Session began at 7:09 PM and ended at 7:44 PM.
Mayor Barrella called the regular meeting to order at 7:53 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.
Clerk Ellsworth added items 3/d-g to the agenda from Closed Session and announced that the Governing Body will re-enter Executive Session later in the meeting.
Motion by Councilman Mayer to approve the minutes of the May 28, 2013 Council Meeting was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Mayor Barrella: asked for a motion to alter the agenda and deal with agenda items 12d (First Reading/Introduction of Cap Bank), 13a (Resolution to defer $5,854,982.76 school taxes), 13b (Budget Introduction), and addenda item 6a [Authorize Tax Collector to prepare estimated tax bills at 102% of the 2012 tax levy (approx. $27,668,432.28)] as one grouping.
Motion by Councilman Cortes to alter the agenda was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Ordinance 2013-24 (Cap Bank) was introduced on first reading.
Auditor Korecky: the reason for the ordinance is to bank the spending cap – to increase the cap from 2% to 3˝% requires a resolution, which isn’t needed at this time, but can be banked for the next 2 budget cycles.
Mayor Barrella: clarified that the resolution is to bank the appropriations cap, not the levy cap – asked Councilman Mayer to explain the current budget and the budget process – explained that Administrator/CFO Riehl is not here, as she is attending her daughter’s high school graduation.
Councilman Mayer: commended the job Administrator/CFO Riehl has done – we are under the levy cap by $78K and will carry forward - public hearing on the budget is set for July 30th, but invited questions before then – asked the Governing Body to focus on sheet 3B2 –read a newspaper article that grossly underestimated our parking, hotel/motel and court revenues – there is concern this year about what revenues will be – we filled this concern with a Community Disaster Loan (CDL), which is part of what slowed down the budget process - anticipating $1,526,000 in CDL – received a soft commitment of $3,382,000 in CDL, which can be drawn down over 3 years – have anticipated $1.5M in this budget - if tourism revenues don’t happen, we will draw down – there is also a CDL in the Water/Sewer budget – asked for the Governing Body’s help, going forward, on the group health on sheet 15C and pensions on sheet 19 – group health went down because employee contributions went up – we are in year 3 now – there is an additional employee contribution next year and then it levels off – doesn’t know if it will stay down next year, because the health insurance increase has been so large – pensions are a big part of the budget – contributions to the Public Employee Retirement System (PERS) went down this year – Police and Fire contributions stayed level – have heard it will go up a bit next year – it can make a major impact – extraordinary item of $153K on sheet 3B2 is the anticipated increase in collective bargaining and salaries, and is greater than our levy cap for next year – is more concerned about next year than this year – must start planning – sheet 27 is debt service, which went up – will probably see an increase in debt service next year, as a lot more bonding is coming – Sandy expenses aren’t all in this budget – sheet 39 shows the surplus – surplus balance was $1,748,000 on January 1, 2012 and $1,425,000 at the end of the year – a decline of $323K, which cannot be repeated – putting $1.1M in the budget this year, have a $1.4M in surplus – hoping to regenerate $1.1M - has asked that only essential items are put into the capital budget.
Auditor Korecky: budget calls for $7,222,000 – an increase of $218K, .385% or 1.2 cent increase over last year and about $58 on the average assessment – the entirety of Sandy expenses are not in this budget - did a series of refundings to push it to next year – hoping to bundle it with incoming FEMA funds (inaudible).
Mayor Barrella: had asked the Finance Committee to come up with a budget as if Sandy did not exist – asked Administrator/CFO Riehl to look into appropriation items that could be cut – tax levy went from $7.309M in the last version of the budget to $7.222M - Administrator/CFO Riehl identified about $141K worth of expenditures to cut – others had to be added back - that's how we ended up under the levy cap by $78K – thanked Councilman Mayer for making the cuts he and Administrator/CFO Riehl suggested; Collective Bargaining Agreement increase is not far above the 2% and there is a cushion with the $78K - understands Councilman Mayer's concern with surplus - it's not easy to calculate – it’s not a magic bullet – overall, the Finance Committee did a good job – tax rate was set as though Sandy didn’t exist – revenues are plugged into CDL to hold the tax rate at what it would have been in a non-Sandy budget – CDL should only be used if we don’t hit revenue projections – it’s a line of credit.
Councilman Mayer: didn’t mention the reserve for uncollected taxes (RUT)
Mayor Barrella: tax rate was pegged at a non-Sandy figure, but then we took the RUT, which is the amount we anticipate not getting paid because of declines in value and economic conditions – there is another 2 percentage points of reserve, approximately, added into that as cushion, offset by the CDL – no increase in taxation on the public, but offset by the line of credit – thanked everyone, especially Administrator/CFO Riehl.
Councilman Mayer: asked about the resolution to defer school taxes – pointed out that the number is wrong on the agenda but right on the resolution – asked about the estimated tax bills.
Auditor Korecky: next quarter is coming up in August – public hearing on the budget is July 30th, so a resolution must be passed to estimate tax bills.
Councilman Mayer: spoke with County Treasurer this afternoon – their amount to be raised has dropped – we are comfortable with the 102% - it’s not going to be exact.
Motion by Councilman Mayer to approve Ordinance 2013-24 (Cap Bank) on first reading was seconded by Councilman Reid and carried by roll call vote. Public hearing will be July 9, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Motion by Councilman Mayer to adopt resolution to defer $5,854,982.76 school taxes was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Motion by Councilman Mayer to introduce the 2013 Municipal Budget was seconded by Councilman Gordon and carried by roll call vote. The Public hearing will be held on July 30, 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA
Clerk Ellsworth: there are typos to be corrected before advertisement.

Mayor Barrella: invited public comment on Resolution 6A, setting the estimated tax rate at 102% of the prior year’s. No one from the public wished to be heard.
Motion by Councilman Corbally to approve estimated tax rate of 102% and authorizing the Tax Collector to send estimated Third Quarter tax bills was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Mayor Barrella: questioned the curb cut correspondence and asked if it should be before the Board of Adjustment (BOA), along with other matters for which Mr. Paesano is before the BOA (Councilman Corbally: advised Council that his request meets certain criteria of the code and is contrary to curb cuts – it is not a BOA issue – the only appeal available to this applicant is through the Mayor and Council; Attorney Gertner: the ordinance has vested this particular question directly to the Mayor and Council, in Section 14, as opposed to being in the Development Code) should deal with the curb cut upon BOA approval if, in fact, he is going before the BOA (Councilwoman Tooker: he will because it’s an undersized lot; Councilman Gordon: he wants 2 driveways and 2 garages on an undersized lot; Councilwoman Tooker: and there isn’t a parking spot on the street, so the neighbors need to be aware; debate ensued) directed that this be made a separate consent resolution.
Attorney Gertner: no specific ordinance on beach buggies – Zoning Officer can opine as to how Mr. Matteis’ request fits into our ordinance – her determination can be appealed.
Councilman Mayer: would like to hear what Mr. Matteis has to say.
Christian Matteis: seeking approval to offer free rides from the train station, many Boardwalk points, restaurants – would be tremendous for the economy – can give people rides if they are drinking – looking to start with 6 carts immediately – would provide jobs (Mayor Barrella: not ours to approve; Councilman Gordon: asked about his capital investment) about $75K for the buggies and web site – from there, it runs itself (Councilman Corbally: asked how he makes money) through advertising – will also approach the Chamber (Councilman Gordon: confirmed with him that this is zero cost to the town) Delray Beach, which won the Best City in America, has 6 carts and great reviews – carts are neighborhood-friendly (Mayor Barrella: needs to see ZO Petrillo) that’s where he started – she instructed him to get Council’s blessing (Attorney Gertner: discussed with ZO Petrillo – she can opine whether it is covered by ordinance and render a determination – if there is a need to appeal that determination, that appeal goes to the BOA; Councilman Mayer: asked why it’s not included with taxis) it’s a free ride – not looking to interfere with taxi business (Councilwoman Tooker: asked how this compares to a jitney; Councilman Gordon: doesn’t require a capital investment – would like to see it on a test basis for a season; Mayor Barrella: would be unlawful to opine if it’s a zoning issue – asked Attorney Gertner to explain why; Attorney Gertner: you have a book of ordinances – this gentleman is asking for permission to do X – the Zoning Officer makes the determination that, whatever X is, is a permitted use in the town; Councilman Gordon: asked if there is a presumption that it is OK, if not unauthorized by ordinance; Attorney Gertner: she issues the zoning permit – she could say this use is similar to another – or she could say she finds no authority to do this and her determination can be appealed to the BOA; Councilman Reid: can’t understand ZO Petrillo making a major decision about the town without Council’s input; Attorney Gertner: she is the administrative official – that’s her job – had an e-mail conversation about this with a Councilperson, and that is his opinion – the job of the Governing Body is to create an ordinance or a series of ordinances that covers such things; Councilman Mayer: asked where the 6 vehicles would be housed and what the hours would be) looking at small warehouse nearby - hours would be 11AM-11PM to help restaurants and the elderly – businesses could advertise on the sides – asked if he should meet with ZO Petrillo tomorrow (Councilwoman Tooker: asked why she would send him to Council if it is a zoning issue; Councilman Cortes: asked Chief O’Hara if he has had a chance to look at this; Chief O’Hara: no – got the packet today; Mayor Barrella: asked Mr. Matteis to meet with ZO Petrillo and Chief O’Hara tomorrow – if ZO Petrillo has a problem, and Council is so inclined, will introduce an ordinance on July 9th) would like to start in July or August, but could wait until next year.

Additional Parking Spaces on Beacon Lane were discussed – Clerk Ellsworth distributed a letter, map and copies of the ordinance that was introduced but not adopted.
Engineer Savacool: all curbs on Beacon are rolled – no differentiation between the curb cut and the driveway access – looked at where garages were, provided appropriate access to the properties, reserved the balance for public, and made sure the road is wide enough to accommodate parking (Councilwoman Tooker: Fire Department said it was fine – it’s the right thing to do – all other streets in town have normal-sized curb cuts and parking.
Motion by Councilwoman Tooker to introduce Ordinance 2013-25 was seconded by Councilman Gordon and carried by roll call vote. Public hearing will be held on July 9. 2013.
VOTE: Council Members Reid, Cortes, Corbally, Mayer, Gordon, Tooker….YEA

Clerk Ellsworth: added item 3g to the agenda.

Mayor Barrella: asked Engineer Savacool to address some water-related issues – been in contact with Cindy Randazzo at DEP, Toni Angelini, and Senator Buono’s office – Governor’s office and Senator Buono’s office are forwarding Chief O’Hara’s memo regarding Route 35 flooding to the DOT to see about getting it fixed; was determined that Little Silver Lake was not flooded by Sandy - DEP recognized that was an error – are now trying to appeal something we were denied – been a lot of activity over the last couple of weeks trying to fix these problems.
Engineer Savacool: Governing Body sought funding from several avenues – submitted a letter of intent for EIT funding for Little Silver Lake dredging and applied for Disaster Mitigation Relief funding for Little Silver Lake pump station - low end of town has historically flooded and has gotten worse – it’s on tonight’s agenda to seek quotations for storm sewer evacuation – contacted the County about cleaning their storm sewers on Baltimore, Ocean and Trenton Avenues – supports Little Silver Lake dredging for quality and aesthetic improvements, but it would have little effect on area flooding – the lake is tidally influenced through Lake Louise, so water seeks its own level during the high tide cycle - last Monday, following Friday’s tropical depression, had 2” rainfall within an hour on ground which was already flooded - this flooded several areas - per 2007 DOT Study regarding Route 35 closures, the drainage area on Little Silver Lake is about 250 acres – would require a pump station about the size of the Sea Avenue Pump Station, with a 60,000-gallon/minute capacity – a very large area – compounding this, DOT has several conduits that drain storm water under the railroad tracks to Lake of the Lillies and Trenton and New Jersey Avenues, both of which discharge to Little Silver Lake – so, NJDOT should have a large and vested interest in our lakes - engineering firm that conducted the 2007 study had recommended rerouting some of that storm water around the lakes – might be best to get the DOT to pay for it, but looking at alternative funding - DOT drains through Blodgett Avenue and into Lake of the Lillies – conceptually, they would disconnect their storm drainage from that pipe and route it around the lake directed to the pump station – similarly, a large portion of Philadelphia Avenue, south towards The Ark, drains up towards New Jersey Avenue – that pipe, constructed in 1966, is undersized – doesn’t know if the piping has been evaluated – trying to get DOT to look at their responsibilities (Councilman Cortes: received a letter from a Marcia Avenue resident – asked if it would tie into Route 35) yes – Marcia Avenue would be the Borough’s responsibility – once on the DOT’s roadways, it’s their responsibility (Councilman Corbally: Trenton Avenue really got hit – no sand in the drains – asked if it was caused by too much water) outflow structure on Arnold Avenue was inundated by a very strong rainfall, coinciding with high tide - entire storm sewer system is tied into the outflow pipe to Lake Louise – if that pipe is surcharged and water is high, it has nowhere to go – Lake of the Lillies is about 20 acres with 150-acre drainage area – Little Silver Lake is about 10 acres with a 250-acre drainage area – every inch of runoff would produce 25 inches of elevation gain in the lake – lake floods into Trenton Avenue and surrounding land area – Lake of the Lillies can absorb it more, as it has a much smaller drainage area, larger lake area and is served by the Sea Avenue pump station (Mayor Barrella: that’s critical, as is the fact that Lake of the Lillies is essentially land-locked - during Hurricane Irene, pumped out Lake of the Lillies so the south side of town didn’t flood – if there is no pump station and no way to cut the water at Little Silver Lake, it’s going to flow from the Inlet, through Lake Louise, into Little Silver Lake - if you made Little Silver Lake 20-feet-deep, on the first high tide, would get 20 feet of water, but around the perimeter of the lake, you wouldn’t know whether it was 3-feet-deep or 20-feet-deep) correct – when Lake of the Lillies was dredged, there was a water quality and aesthetic benefit, and we were able to manipulate the water situation with no detrimental effect on the lake, which is now 5-feet-deep, instead of inches-deep, approaching the western side – lowering lake elevation gives storage volume for at least the initial flush of the storm (Mayor Barrella: in theory, that could be done with Little Silver Lake, in conjunction with installing a pump station – if we catch it at the right tide, we can get it lowered, but it won’t work when you have to open it up to pump out, because then it’s going to come right back in) correct – if you were to construct a pump station for Little Silver Lake, would have to disconnect the flow, at least while the pump was operating from Lake Louise to Little Silver Lake or, in essence, you’re just trying to pump the ocean – and that’s only good up to some elevation, even with Little Silver Lake and the Sea Avenue pump station, which was shut down due to Sandy (Mayor Barrella: without the pump station, just making a bigger hole for the water to go into – that’s why we've applied to FEMA for mitigation money, to get that project moving; Councilman Mayer: asked where pump station would pump to) Lake Louise, which is directly connected, via canal, to the Manasquan River or ocean – water pumped wouldn’t have any effect on Lake Louise elevation (Councilman Reid: too bad we can't pump into the ocean – a shorter route – every time you go north, other people get flooded; Mayor Barrella: pumping water out of Little Silver Lake into Lake Louise won’t be meaningful because it equalizes anyhow; Councilman Mayer: so, you shut off the flow to Little Silver) yes, you would have to (Councilman Reid: asked why this is happening now, if it is the new norm) thinks there is increased sensitivity to flooding [Mayor Barrella: Natural Resource Conservation Service (NRCS) concluded that Sandy did not flood Little Silver Lake – working to get that reversed – they’re the ones dealing with remediating lakes and waterways – Engineer Savacool has gotten the sense that Little Silver Lake is not their priority – they are interested in navigable waterways – they need to get Barnegat Bay and the canals cleaned for boating, etc. – Little Silver Lake is seen as just a landlocked lake in PPB and not a big deal – the big deal is that people on Trenton Avenue have fixed their homes and have flooded again – we can’t have that - doesn’t know how to fix it; Councilman Gordon: last rain episode highlighted issues to be addressed - doesn’t believe any fix would have handled the water that came down so hard and fast that it was almost knee-deep in the road and halfway up his lawn].

Clerk Ellsworth: summarized additions and revisions to the agenda.

COMMITTE REPORTS:

Councilman Reid: met with Councilmen Corbally and Mayer, DPW Superintendent Trout and Administrator/CFO Riehl – wants all to know that the Mayor and Council are taking the storm water issues very seriously.

Councilman Cortes: met 2 weeks ago with JCP&L engineers – getting closer to taking over their lights – they want to meter them – must to buy timers – attending a presentation tomorrow on storm response and outage restoration processes at their Red Bank office; Boardwalk Walking Challenge for seniors is in full swing – next one is June 20th, 9AM-10PM – have about 30 people signed up in PPB; volunteered to spearhead a Buy-a-Board Program committee – Lavallette and Belmar have the biggest ones – has spoken to the Mayor of Lavallette and his wife, who is taking care of that – will have more information for discussion if that is something Council would like to pursue (Councilman Gordon: there is a list in capital budget for a fire truck, but no cost associated – asked for a status on that and, as Chairman of the Committee, if it’s something Councilman Cortes will pursue) town has never had a rescue vehicle – First Aid has rescue and dive vehicles – they make a good presentation for it - could hold it off until next year – likes the concept – they want to get rid of a 40-year-old truck (Councilman Gordon: they are using their #1 truck for every call, which is shortening the life of that vehicle, which is a huge capital expense – so, it is certainly something worth looking at) it’s $1.2M for a ladder truck, $700K for a pumper (Mayor Barrella: fire company is looking for a rescue truck at a cost of $400K, that they would take out in lieu of the $1.2M ladder truck to do rescues and the like – got an email today about cost savings and estimated extension of ladder truck life – needs further discussion – the fact that something is or is not in the capital budget doesn’t mean anything).

Councilman Corbally: Building and Grounds met on Friday – also present were Administrator/CFO Riehl, Clerk Ellsworth, Chief O’Hara, DPW Superintendent Trout, Engineer Savacool, Councilman Cortes who sat in for Councilman Mayer and Mayor Barrella who sat in for Council President Tooker - spoke about Trenton Avenue flooding – looked into the drains - no sand there – there was sand in the Forman Avenue and Beacon Avenue drains – hopes to have our truck out at the end of the week to get as much out as possible - going out for RFPs today to get help – also spoke about Boardwalk plaza decking, which will cost $700K-$1.2M, depending upon amount of damage and whether we use wood or plastic – put $1.2M in the capital budget as the worst case scenario - spoke about the Surf Taco Building – received 6 bids for architectural work - had a roof guy out today to figure out how to stop the leak (Engineer Savacool: will have information tomorrow) - DPW has finished the necessary band shell repairs – will arrange to paint when time permits – Pleasure Park bathrooms are open 7AM-dusk and water fountain is working – it’s on tonight’s agenda to approve replacement of the missing park equipment – annual line striping is ongoing east of the tracks – have moved to water-based paint; adding a couple of bike racks at the foot of the Boardwalk at Central Avenue and one at the foot of Water Street – DPW Superintendent Trout will get prices on that; appointing Engineer Savacool tonight as the Dune Consultant – will hire Dr. Farrell as a consultant to help; spoke about District 2 building – need to move forward on that – it’s been there for 37 years – bathrooms are antiquated – been on the drawing board since 2007; have asked the Environmental Commission to see if we need any more trash cans, since new ones have been installed; lost a lot of the benches in the hurricane – goal is to have them back in the next 12 months – doesn’t cost the town anything, but is a great way to get new benches – there is a waiting list from 2007; Code Enforcement has issued approximately 60 notices for unkempt vacant properties - all but a handful have been taken care of – after 2 notices, violations are issued and DPW cleans the properties – DPW has been doing a great job; Water Department will be out this week with our new jet vac, to clean out sand (Councilman Cortes: confirmed that the people who purchased benches are responsible to maintain them and that generic benches in the plaza section belong to the town; Clerk Ellsworth: has a waiting list of people who would love to replace them: Mayor Barrella: brought up the issue of unwanted benches in front of people’s homes; Clerk Ellsworth: that’s why the program was stopped years ago – contacted Owen Brown, who supplies the benches, with a list of locations for pre-Sandy benches).

Mayor Barrella left the room at 9:18PM.

Councilman Mayer: thanked Councilmen Reid and Corbally for work on the budget; addressed Moody’s letter indicating a negative outlook , primarily because of cash flow – need to watch structural imbalances in the budget, increased debt; he and Councilman Corbally have been exchanging emails with the Open Space Committee – they recommend repairing the Surf Taco building – been in disrepair for 8 months – there was a question of whether it needed to be razed - cost to repair was $228K, or 42% of the replacement cost – was less than 50% damaged – FEMA’s contribution could be 75%-90% - Open Space endorsed that – spoke to Engineer Savacool, who said he would need an architect’s input before doing specs - did RFP for architect and received 6 bids, the lowest of which was hourly billing, up to $17.5K – asked for Council consensus on moving forward (Councilman Corbally: wouldn’t get a good restaurant person in there with the kitchen as it was – would need a restaurant consultant – considered putting a nice bathroom and pads for hot dog, Chinese food, or salad stands that could be removed after the summer - lockers were not used that much and are 30% of the capacity – if Council decides to put it back, it needs to be done professionally and better, so it’s not just a mom and pop greasy spoon) Open Space Committee would like the existing tenant or an alternative to look at what’s going in there – their vision is to recreate that luncheonette counter – budget is limited – they don’t want to raze the building and put in pads and food carts – there is an emotional attachment/historical sense to the bathhouse and they’d like to recreate it – thinks the bathhouse could be used more – wants to give the Committee some direction; Councilwoman Tooker: thought we were getting sketches of ideas, not hiring someone for that much money to design a kitchen) structured the RFP as a “not to exceed” – Open Space did want some architectural consultant, but we are not redesigning the building; Councilman Gordon: asked if Open Space funds can be used for our 10%-25%) yes – and the reserve for Open Space funds is more than adequate (Councilwoman Tooker: asked if the public should have input; Mayor Barrella: one reason he supported the purchase of that building is he viewed it as a landmark, but that doesn’t mean you put it back if it’s destroyed – concept of putting pads there for franchises, parking and a bathroom is nice – the other Risden’s is still there and that’s a landmark – need discussion with Open Space; Councilwoman Tooker: asked if a couple of food carts could be up there for the season; Mayor Barrella: no – would have to change our ordinance – Risden’s should invest in that – it’s not the Borough’s responsibility – cost of architect is too high) Open Space has already made their recommendation (Mayor Barrella: doesn’t know if Open Space is aware of all the ramifications – have to take more than the Open Space Committee’s opinion into account – the building is falling down – the bathhouses were under-utilized - the only thing that makes sense is the parking lot, which funded the purchase – needs to understand their obsession with the old building: Councilman Corbally: asked where the fund stands now, about the lowering of the reassessment and how much money would be left after this is done) it’s on the last page of the budget – as of 12/31/12, there was $185K Open Space balance – debt service is $130K.

Councilman Gordon: provided police activity for June 3rd to June 17th – 20 arrests for offenses including theft, obstruction, simple assault, disorderly conduct, defiant trespassing, distribution of controlled substances and DWI – included in those arrests was a 26-year-old Toms River male, charged with providing false ID and possession of a weapon - search warrant on Broadway motel led to the arrest of a 35-year-old Florida male with drugs and $4K in cash – two were arrested for controlled substances and possession of drug paraphernalia following investigation of a shop lifting incident – 8 subjects were arrested on outstanding traffic and criminal warrants – police responded to 22 motor vehicle accidents, including one where a female was struck, and 33 First Aid calls - stats from Memorial Day to present include a decrease in First Aid calls from last year, motor vehicle accidents on a par with last year, a significant decrease in ordinance violations, a decrease in criminal arrests, which he attributes to poor weather – hopes the trend continues – associated police costs of President Obama’s visit were almost $19K – police responded accordingly and did a fantastic job (Mayor Barrella: asked Chief O’Hara to come up with those numbers – will reach out to the White House Office of Intergovernmental Affairs for reimbursement).

Councilwoman Tooker: it was felt that it was too dangerous for students to participate in the Barnegat Bay Blitz in May, because of all the debris – will participate in the fall – according to the DEP, 35 volunteers from Citrix, a private software firm out of Bridgewater, collected at least 70 bags of garbage – filthy work - asked about getting them some recognition (Mayor Barrella: when we get some information, will do a certificate) will send information to Clerk Ellsworth; happy to know we are getting new garbage and recycle cans – thanked Council for putting them in the budget; was again approached about a restroom at Silver Lake – asked about a temporary solution (no; Councilman Mayer: asked about electricity at the Inlet bathroom; Councilman Corbally: electric is in and they are open); happy about the Buy-a-Board program (Councilman Cortes: it’s easier for engraver to do Trex than wood); thanked Engineer Savacool and DPW Superintendent Trout for finding the source of Liberty Lane flooding; asked about putting grates on sewers - some already have them, so big debris can’t get down there (Councilman Corbally: will look into pricing and find out why we don’t have them); Little Silver Lake needs to be done for environmental and aesthetic reasons (Councilman Mayer: asked Engineer Savacool if he put in a commitment letter for Little Silver Lake; Engineer Savacool: put in a letter of interest for EIT funding – no merit letter yet; Mayor Barrella: EIT funding is a loan; Engineer Savacool: correct, but they might alter that to at least a partial forgive – rate is better).

Mayor Barrella: Federal Government released $2.6M-$2.7M of FEMA money for debris removal - long process - called the White House Office of Intergovernmental Affairs on June 4th and told them PPB wasn’t getting any FEMA money – by June 14th, the State had gotten the money – State now has to process it – will follow up; glad to see Buy-a-Board is being done – Clerk Ellsworth will be the point person; Congressman Smith's office thinks we'll get the 90% reimbursement; need an ordinance addressing height restrictions in the bungalow area – it’s too low – asked Engineer Savacool to work with Attorney Gertner on that, to be introduced at next Council Meeting; new maps came out – his area is now in a lower zone than before Sandy; appointing Engineer Savacool as Dune Inspector and hiring Dr. Farrell for dune consultation is separate and apart from the Army corps project, which is more global – have gotten an unacceptable number of easements – dunes are needed to protect PPB - if people don’t sign the easement letters, the Governor will step in and, perhaps, take some property by way of eminent domain – would appreciate it if the oceanfront property owners would start sending the easements in – we don’t want their properties – just want to protect their homes and the homes of everyone else; town and businesses have done a great job of getting up and running, but too many residents have been displaced – discussed this with both the Governor’s and Senator Buono’s offices - time to get some stuff done here - simply proclaiming the shore is back is not the answer.

Clerk Ellsworth: added item 3/h, which was inadvertently left off the agenda, and explained that the $15,000 is in a trust fund.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 9:54 PM

Sherri Bidwell, PPB Property Owner: requested a zoning amendment, allowing residential homes in the LC Zone, along the south side of Broadway, to be built to the same standards as the SF5 Zone, (Mayor Barrella: directed Engineer Savacool to look into it).
Jamie Paradise, PPB: suggested, not changing to SF5, but permitting the same residential standards as the SF5 Zone.
John Colvin, PPB: spoke on behalf of Trenton Avenue residents in attendance - disagrees with Engineer Savacool’s evaluation about dredging and pump stations – valves need to be fixed and lake lowered – asked when someone is going to clean the sand running down Trenton Avenue – would like a list of our FEMA applications on our web site, so he and others can complain to the Federal Government - more than half of the inlet pipe diameter is covered with silt from the lake – lake is dying – thanked Councilman Cortes for responding to his e-mails to Council and visiting his house – emailed pictures to the Mayor – 2007 Flood Mitigation Plan mentioned inoperable backflow valves (Engineer Savacool will take a look).
Kitty Stillufsen, PPB: submitted a letter entitled, “Point Pleasant Beach is Forcing Me to Pay $8,000 to Ask Permission for Something They are Forcing Me to Do” to the “Ocean Star” –– explained the substantial damage her house sustained after Sandy – she must elevate to meet town and FEMA requirements, and go for a variance because she is a non-conforming use in the Marine Commercial (MC) Zone, even though the BOA cannot deny her claim – estimated application and professional fees at $8K – cited PPB’s median 2010 household income as $58K – will be displaced for 2-3 months – asked Attorney Gertner if the Governing Body can change an ordinance for a situation like hers (Mayor Barrella: that’s spot zoning - she was told for 8 months to apply to the BOA – she set up an appointment, but didn’t show; Councilwoman Tooker: disagreed with her estimate and that she is required to hire an attorney – Master Plan is specific about not wanting residential properties in the MC Zone – not lawful for Council to get involved with BOA, and not right to pass an ordinance to usurp the Master Plan) despite Federal mandate, Master Plan is flawed and does not account for residents’ safety (Attorney Gertner: only legal reason one would need a lawyer at the BOA is if property is owned by a corporate entity – suggested she have, at least, an engineer and architect – will see what BOA Secretary Mills advised).
Don Spader, PPB: disagreed with Engineer Savacool - lived on the lake for 56 years – used to be 10-feet deep – now you can walk across it – only a tidal lake 3 days/month, when there’s a full moon – Lake of the Lillies has been dead for 25 years – Little Silver Lake needs to be addressed (Mayor Barrella: dredging of Lake of the Lillies remedied the regular flooding on the south side of town - dredging without a pump station will not solve their problem) in the 1970’s, when the lake wasn’t draining, his father took off a 2’x12’ at the top of Arnold Avenue and it drained Trenton Avenue in one hour – it’s a lot simpler than what’s being said (Engineer Savacool explained that there are 2’x12’ stop logs that can be used to regulate the elevation of the lake)
Bernard Miles, PPB: been involved in PPB for 50 years – as a child would row a boat into the middle of Little Silver Lake – could not reach the bottom with a bamboo stick – no longer – silt has raised the bottom of the lake – there is no depth - if you lower the level through dredging, water from the street drains will go into the lake – has seen where, sometimes, Little Silver Lake is high and Lake Louise is low – that’s because it’s not allowing water to go that way because of the barrier boards – can adjust the level of the lake using those boards and make sure you have a check valve on the other side, so Lake Louise doesn’t allow the ocean to come through the large pipes into Silver Lake (Mayor Barrella: Engineer Savacool will look into it) questioned the study, when the person who conducted it didn’t realize a check valve was there.
Karen LoMauro, PPB: all are frustrated – been there over 10 years – getting worse because of extra sand and silt – every time there is a storm, she and her neighbors have to stress about water coming in - fixed her house after Irene and Sandy and couldn't get out of her house on Monday to go to work – feels stranded (Mayor Barrella: this is government – Lake Louise took 13 or 14 years to get dredged – the State of NJ said it’s not a priority – in contact with DEP and Governor’s office – asked DEP how to turn it into a priority, as houses are flooding again) it happens every fall – something has to be done – not just studies – must be some relief on Trenton Avenue – asked for an action plan (Councilman Gordon: needs to be a way that Council can communicate with citizens; Councilwoman Tooker: suggested that Clerk Ellsworth compile a list of those affected, in order to communicate).
David Miles, PPB: asked, at what point, if we don’t get funding, do we give up and pay for it ourselves (Councilwoman Tooker: spoke with Engineer Savacool about lake dredging a few years ago, then Irene and Sandy came – but that lake has been neglected forever) asked if there is another plan (Mayor Barrella: process is started; Councilman Mayer: first he has heard about the flappers in Lake Louise) never sees a tide in their lake, so he doesn't believe tides are affecting it – asked if there can be a police barricade on Trenton Avenue like there is on Arnold when it floods (Mayor Barrella: can try to do that – Councilman Corbally will speak to DPW Super. Trout).
Dave Cavagnaro, PPB: would like Open Space Committee to make a formal presentation, so that the public gets to interact; asked about Non-resident Taxpayer Committee (NRTAC) having copies of the preliminary budget and about their meeting with the Administrator and Committee Members (Councilman Mayer: they asked for input with the budget – after consultation with the Mayor, sent them a preliminary budget – they had precise comments, to which he replied) suggested that, next year, they be made available to the public; mentioned a freeboard ordinance, which permits creation of flood elevation levels that are different than FEMA’s – should consider something to protect residents – there are rate reductions for communities with this type of ordinance and the higher it is above 9’; asked if the Lions can be asked to move their 5K run to the west side, in consideration of people trying to get back into their homes.
Ben Dispoto, PPB: have to move to something more modern than the bath houses; valves have been mentioned at Council meetings by Mr. Cavagnaro and other people many times over the years – asked why that fix isn't the fix being utilized (Mayor Barrella: will find out if it’s there); thanked Administrator/CFO Riehl and the Finance Committee for their work on the 2013 Budget – there used to be a deadline of June 30th (Mayor Barrella: the CDL stuff pushed it back) the year will be 58% gone by the time the budget is passed (Mayor Barrella: Washington hasn’t passed a budget in like 5 years - it’s not right, but it is the way it is – the budget is more of a planning tool – also had a major disaster here) have to get this process different.
Vince Castin, PPB: doesn’t see any historical significance to Risden’s – it’s not like the Statue of Liberty (Councilman Gordon: it’s iconic/nostalgic); asked about $600K payment to AshBritt on the agenda – confirmed that they haven’t been paid yet; asked about the Waffles and More building (Attorney Gertner: will be discussed in Closed Session).

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 10:36 PM

Councilman Mayer left the room at 10:37 PM and returned at 10:40 PM.

Mayor Barrella: directed that Resolution 4 be considered first.

Attorney Gertner: recommended Council authorize payment of half the amount to AshBritt, contingent upon meeting with Borough professionals to discuss the parking lot status
RESOLUTION 4: Payment approval of $600,000 to AshBritt, contingent upon scheduling of a meeting with borough professionals and officials - Closed Session item
Motion by Councilman Reid to approve Resolution 4 was seconded by Councilwoman Tooker and defeated by roll call vote:
VOTE: Council Members Reid, Tooker….YEA
Council Members Cortes, Corbally, Gordon….NAY
Mayor Barrella: when you’re getting threatened, at some point, you have to take action to ameliorate the threats – but he doesn’t appreciate being threatened.

Motion by Councilman Corbally to approve items listed below was seconded by Councilman Reid and carried by roll call vote.
CONSENT RESOLUTION 1:
a) P O to J S Welding for Trenton Ave ramp rails ($3675)
b) Payment to R N Demaio for restroom supplies ($3575.43)
c) Progress payment #5 to Bird Construction for Boardwalk Reconstruction –
Contract A ($199,211.41)
d) Progress payment #4 to Bird Construction for Boardwalk Reconstruction –
Contract B ($73,046.36)
e) P O to Sensus Metering Systems for water meters ($28,521)
f) P O & Payment to This & That Uniforms for special officer uniforms ($12,824)
g) Authorization to solicit bids for DPW building roof replacement upon Ordinance passage
h) Authorization to solicit quotes for storm drain cleaning at various locations
i) Approve Lions Club S/E application for annual Seafood 5K on 9/21/13
j) Approve Lions Club S/E application for annual Boardwalk Craft Show on 9/22/13
k) Approve Jett Foundation S/E application for parade on 8/2/13
l) Approve Elks ABC Social Affairs permit for Oktoberfest on 9/21/13
m) Payment to Lawmen Supply for spare carriers ($2778.78)
n) Payment to Jaeger Lumber for DPW supplies ($2769.34)
o) Payment to Pedroni Fuel for diesel fuel ($7360.88)
p) Payment to Brick Utilities for May bulk water usage ($85,565.34)
q) Scheduled payments to the PPB Board of Education ($1,449,297.75)
r) Payment to Ocean County Landfill for tipping fees ($75,000)
s) Payment to Duke’s Sales for Jet Power II system & grease liquefying agent ($5229)
t) Progress payment #2 to Caruso Excavating - Maryland Ave drainage pipe
improvements ($9006.20)
u) P O to Park N Pool for replacement benches at Inlet ($3608.10)
v) Payment to McNamara Screen Print for seasonal officer shirts ($2802)
w) P O to Dell Computer for DPW computers ($3000)
x) Payment to Waterway Inc for fire hose and ladder testing ($4


Published August02, 2013 | Council Minutes | 1650


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