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June 25, 2013


The Mayor and Council of the Borough of Point Pleasant Beach met at 7:08 PM with Councilmen Reid, Cortes, Mayer and Gordon present. Councilwoman Tooker was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Clerk Ellsworth announced that Councilwoman Tooker requested to join the meeting via teleconference (Mayor Barrella: this is a special meeting; Attorney Gertner: tacitly decided on allowing case-by-case; no Councilmember objected).

Councilwoman Tooker identified herself on speakerphone at 7:11 PM.

Mayor Barrella: Department Head memo references Council vacancy – Democratic Committee submitted three names – David Cavagnaro, Monica Walsh and Tom Davis – would make sense to make an appointment to occupy this now vacant Council seat as expeditiously as possible – all are known commodities within the community – Mr. Cavagnaro has probably not missed a Council meeting in years – Mr. Davis ran for Council last year, was vetted and his positions are known – Ms. Walsh sat as a Council Member from 1993 to 2005 – up to Council as to whom they wish to nominate.
Motion by Councilman Gordon to nominate Tom Davis to fill the vacant Council position was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer*….NAY
Council Members Gordon, Tooker….YEA
*Councilman Mayer: understands the Municipal Replacement Law provides Council 30 days (from June 20th) to appoint (Clerk Ellsworth: yes – all were provided copies; received nominations on June 24th) would prefer to defer.

Councilman Mayer attempted to speak. Mayor Barrella recognized Councilman Gordon. Motion by Councilman Gordon to nominate David Cavagnaro to fill the vacant Council position was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Reid*, Cortes**, Mayer….NAY
Council Members Gordon, Tooker….YEA
*Councilman Reid: there is a process – this is not the time (Mayor Barrella: if you don’t want to take a vote, there is a mechanism; Councilman Mayer: would like to get the appropriate motion before Council; Mayor Barrella: there is a motion before Council to appoint a certified nominee of a Municipal Committee to fill the vacancy.
**Councilman Cortes: have 30 days – believes in performing due diligence – voting ‘No’ because he would like to interview these people (Councilman Gordon asked if Council did interviews the last time it went through this process).
Attorney Gertner attempted to speak. Mayor Barrella recognized Councilman Gordon.
Motion by Councilman Gordon to nominate Monica Walsh to fill the vacant Council position was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer*….NAY
Council Members Gordon, Tooker….YEA
*Councilman Mayer: asked about the ramifications of his vote (Attorney Gertner: statute is silent – unlike appointment statutes for professionals, if the Mayor fails to act on certain professionals within 30 days – it would seem to indicate that Council has 30 days to act on the names – Statute is silent on whether a ‘No’ vote voids the opportunity) asked if the Statute says Council has 30 days (Attorney Gertner: yes, from the date of vacancy) would prefer to defer at this time and vote no.

Mayor Barrella: believes, at this time, the Democratic Committee has the right to appoint whomever they want – that was not done but reminded all and placed on the record, that he offered an opportunity to the three Councilmen and they refused to accept it – there’s an appropriate process – not one of them tried to avail themselves of it – they deliberately chose to vote down all three candidates put forth lawfully by the Democratic Municipal Committee – the appropriate process would have simply been a motion to table – they have now created a loss of control by this Council by their negligence and stubbornness.
Councilman Cortes: should all be working together (Mayor Barrella: if that was what you really wanted, there wouldn’t be an empty chair – the ramifications are yours now).
Councilman Mayer: understood, and Mayor’s advice, was that Council has 30 days to decide (Attorney Gertner: Statute is silent on that – will check with Local Government Services).

Motion by Councilman Mayer to reconsider the last three motions was seconded by Councilman Reid and carried by roll call vote. (Motion by Councilman Mayer to table the last three motions (Mayor Barrella: can’t table what’s already been voted, all you can do is table the motion to reconsider; Councilman Reid: Council should have been advised about the 30 days – just received this today – seems like it’s all been set-up; Mayor Barrella: Councilman Reid was appointed to Council and is saying he doesn’t know the rules – he was the Club President at the time of his appointment; Councilman Mayer: very clever; Councilman Gordon attempted to speak; Mayor Barrella: this is a very simple thing; Councilman Gordon: we could have had a sitting member on this Board and conducted business as usual – yet, Council chose to play the game of 30 days when they know each individual very well – gamesmanship – do not point fingers; Councilman Mayer: nonsense; Councilwoman Tooker: addressed the need for a sitting Council Member as there are many important issues in front of the Governing Body – doesn’t see anyone jumping in to work on the dunes, lake and post-Sandy issues – one more person would be a help – Dave Cavagnaro knows everything that’s going on, Monica Walsh is experienced and Tom Davis is already working hard on some of these things – in a few months there’ll be an election, but we need to do the people’s work now).
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Tooker….YEA

Mayor Barrella: sought advice from Counsel (Attorney Gertner: you can reconsider them, but only the person who made the motion can make a motion to table them; Councilman Cortes: clarified that, since Councilman Gordon made the original motions, only he could make another motion, per Roberts Rules; Councilman Gordon: we can consider the candidates one more round; Mayor Barrella: not sure you want to do that, at this point – not sure you can; Attorney Gertner: yes you can – the motion to table can only be done by the person who made the original motion – you can always reconsider).

Motion by Councilman Gordon to appoint Tom Davis as Councilman was seconded by Councilwoman Tooker and defeated by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer….NAY
Council Members Gordon, Tooker….YEA

Mayer Barrella called a recess at 7:27 PM and reconvened at 7:36 PM with Council Members Reid, Cortes, Mayer, Gordon and Tooker (via teleconference) present.

Mayor Barrella: believes Councilman Mayer is prepared to make a motion; Councilman Mayer: is prepared to hold to the words of the Statute – will think about it during the meeting, as it’s all come on a little fast; Attorney Gertner: statute is silent on the procedure, should the three names be rejected – it is clear that there are 30 days – since this is going to the next meeting, prudence dictates that Council has 30 days to act, no matter what intervening act occurs – he and Clerk Ellsworth, the Election Official, have an obligation to verify that – Local Government Services has staff attorneys to verify the question, if they can – otherwise, he would tend to agree that Council has not lost that right; Councilman Mayer: statute says that the Governing Body shall, within 30 days, appoint one of the nominees – majority of Council requested that they be allowed the statutory period; Councilman Gordon attempted to speak; Mayor Barrella: proper procedure, if they wanted to not take a vote, would have been a motion to table – that would have ended it – they never made that motion, but chose to affirmatively vote, albeit in the negative, on the specific question; Councilman Gordon: this is politically motivated – important votes are taking place tonight on the parking issue – they have their majority – disturbed that it’s come to this point – same thing happened when Mr. Reid was appointed – a Councilman who had not attended a meeting in eight months was brought in to cast that vote – he was welcomed, things moved forward, and he is choosing to subvert the system and play politics – the people of PPB will pay the price; Councilman Mayer: asked for a rebuttal to the political speech; Councilman Cortes attempted to speak; Councilman Cortes: per PPB Meeting Protocol: “The Mayor shall, when necessary, call special meetings of the Council. In case of his neglect or refusal, any four members of the Council may call such meetings at such time and place at the Borough as it may designate. In all cases of special meetings, notice shall be given to all members of the Council or left at their places of residences. The call for a special meeting shall specify the purpose of the meeting and no business shall be transacted at any special meeting other than that specified.” – the email he got, said parking and ordinances, but nothing about appointing; Councilman Gordon: someone sitting in the audience gave him that argument; Councilmen Cortes and Gordon spoke at the same time; Mayor Barrella: if they want to play this game, we’ll schedule a special meeting in a couple of days for the purpose of appointing a member of the Governing Body; Councilman Cortes attempted to speak; Mayor Barrella: doesn’t understand why the Republican Club candidates want to deprive the people of PPB of a sitting Councilperson – having won a false majority, as a result of an absurd opinion of an unelected judge, they’ve overridden the will of 800 people – the game plan is to do nothing – will be forced to veto the woefully inadequate parking plan, if it passes – that would bring us to July 30th, the earliest date in which a legitimate parking plan, patterned after the one Judge Grasso found to be fine, could be introduced – the next meeting, at which it could be adopted, would be August 20th – they will have bought for themselves, and the business to which they are beholden, the entire summer, at the expense of residents – shameless – political corruption.

Councilman Mayer: asked Mayor Barrella to stop slandering members of the judiciary (Mayor Barrella: didn’t slander anyone) and show respect to the Ocean County assignment judge who had a tough decision to make (Attorney Gertner: if it’s debatable as to whom the chair recognizes, one who had not sought to be recognized may interrupt and make a motion as to whom shall be recognized – that comes from the whole assembly – Mayor runs and chairs the meeting – trying to make a record; Mayor Barrella: won’t be slandered by Councilman Mayer; Councilman Mayer: maybe slander was a tough word, spoken in anger – Mayor made derogatory comments about our presiding assignment judge – hoped to propose a compromise in the way of a parking plan and end the litigation – Mayor wants to throw darts at the Republican Club, which got him and Councilwoman Tooker elected – sent Clerk Ellsworth an email this morning, asking that she put an ordinance for an alternate parking plan on the agenda – she told him she needs consent of Mayor or Council President to do so (Mayor Barrella: that’s what PPB protocol has always been) there is no statutory basis for that – at the January 2012 Reorganization Meeting, the Mayor orchestrated the rescission of the protocol that gave him the authority to control the agenda – the meeting protocol that was repealed has not been readopted.
Motion by Councilman Mayer to add an ordinance to the agenda that will continue the 12:30 AM to 4 AM parking restrictions, but apply to Niblick Street, Lake Terrace, Central Avenue, Parkway, Boston Avenue from Lake Louise to Arnold Avenue, St. Louis Avenue from Niblick Street to Arnold Avenue, Cooks Lane and Cooks Road (defined as the Central Boardwalk Residential Area), that will provide non-residents of that area with 2 parking placards, and that will offer free parking in Silver Lake Lot from 10 PM to 5 AM – also asked that Ordinance 2013-02 be repealed and that this ordinance be considered simultaneously with the others on the agenda, was seconded by Councilman Reid and carried by roll call vote:
VOTE: Council Members Reid, Cortes, Mayer….YEA
Council Members Gordon* and Tooker….NAY
*Councilman Gordon: Councilmen Reid and Cortes are on record that the current District 4 parking plan works, it is what voters wanted and their only disagreement was that it was implemented in a very small section of District 3 – will disenfranchise citizens where this will no longer be applicable (Mayor Barrella: Councilman Mayer is not seeking to have this introduced, but to have a version put onto the agenda for consideration).

Motion by Councilman Cortes to enter Closed Session to discuss 1 litigation and 2 contractual matters, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Tooker….YEA

Closed Session began at 7:54 PM and ended at 9:08 PM.

Mayor Barrella called the regular meeting to order at 9:19 PM. Present were Council Members Reid, Cortes, Mayer, Gordon and Tooker (via teleconference). The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

CO Gardner’s memo regarding a part-time Building Sub-Code Official was addressed; Mayor Barrella: DCA is sending no help or untrained people (Councilman Cortes: sending help who is unfamiliar with the territory and undertrained – takes a couple days to get them going and they are only here for a week or two; Councilman Reid: should give Mr. Gardner what he wants – people are waiting; Councilman Mayer: asked about budgetary implications and advertising; Administrator/CFO Riehl: there is no rate specified – would have to advertise) he will come back with a person and the numbers on the 9th and Council can decide then (Councilman Reid: asked about a time limit on the employment) would be while the need exists (Councilman Reid: must say that) instructed Clerk Ellsworth to add this to the agenda.

Clerk Ellsworth announced items, from Closed Session, to be added to agenda.


Councilman Reid: resident complaints are coming in from Districts 3 & 4 about garbage in the streets – have club cars in DPW – would like a person, Saturday-Monday from 6:30 AM or 7 AM until 8 AM, to pick-up garbage on the streets from Washington Avenue to Broadway (Councilman Gordon: asked if garbage is being left by tourists) yes – lot of people are coming off the beach, changing their kids, dropping what they have in bags on the ground and taking off (Councilman Gordon: asked if that would be overtime pay; Administrator/CFO Riehl: if it’s before normal work hours, yes – could work up a cost estimate for next meeting; Councilwoman Tooker: suggested hiring someone part-time) want to act on this now, not at the next meeting (Councilman Gordon: makes a very strong argument for the all-encompassing District 4 parking plan, which reduced garbage on streets throughout the district; Mayor Barrella: let Administrator/CFO Riehl work with DPW Superintendent Trout on this, and address it at the July 9th meeting; Attorney Gertner: if it’s in the budget, it’s work-related, not policy; all spoke over each other; Councilman Gordon: Councilwoman Tooker brought up asking Boardwalk businesses to develop expanded early morning garbage controls – that would help; Attorney Gertner: per the Administrator, something can be done within the confines of the budget).

Councilman Cortes: Recreation Park Program starts next week; there are 8 pending applications in front of Board of Adjustment (BOA).

Councilman Mayer: Councilman Corbally was a good, active Council Member and Chairman of the Buildings and Grounds Committee, which was starting to get some traction –suggested Councilman Cortes be moved over as Chairman of that committee, if he chooses to accept it (Mayor Barrella: Council Members Mayer and Tooker will have to carry the load until we get the 6th Council Member and they can divvy up the work; Councilman Reid: would like to discuss – Councilman Cortes has worked hard, loves the town, puts in lots of time, and there are a lot of issues; Mayor Barrella: not trying to denigrate Councilman Cortes’ talents – can’t say you are not going to put together a full council and then make decisions that will affect the full Council, going forward) would like to keep those issues moving.
Motion by Councilman Mayer to move Councilman Cortes to the Public Property, Buildings and Grounds Committee, as Chairman, was seconded by Councilman Reid and carried by roll call vote:
VOTE: Councilman Reid, Cortes*, Mayer, Gordon….YEA
Councilwoman Tooker….NAY
*Councilman Cortes confirmed that he could stay as chair of his current committee (Attorney Gertner: there is no rule against that; Councilman Mayer: can revisit all committee assignments, when joined by a 6th Council Member).

Councilman Gordon: No report.

Councilwoman Tooker: No report.

Mayor Barrella: here tonight because the ordinance passed by Council was found to be 100% valid – every argument made by the nominal plaintiffs was rejected by the judge – judge came up with a theory of conflict because Councilman Corbally tried to improve quality of life and property values, including rentals – would like to hear from the Realtor’s Association on that – decision has brought about a lot of unnecessary chaos in PPB (Attorney Gertner: a ramification of invalidating the ordinance is that the Silver Lake Lot is no longer free during those hours) judge ordered that signs come down – will see about posting Judge Grasso's phone number on the web site for complaints – believes his decision was politically motivated and forced Councilman Corbally to resign – not disrespecting a judge who rendered a bad decision.

Administrator/CFO Riehl: No report.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 9:42 PM

Tom Highton, PPB: asked why Councilman Mayer came up with new ordinance, when the District 4 ordinance had finally improved quality of life – will cause divisiveness in District 4 – plays into the hands of what Boardwalk businesses want – people in the district are shocked because no one spoke to them – he went house to house, covering about 70% of district voters, and they were positive about it – ridiculous that it is going to be changed – asked if Police Chief reviewed Councilman Mayer’s proposal – judge said the plan was fine – issue was about a conflict of interest with the vote – maybe the attorney can look into conflict of interests by certain Councilmembers, so we don’t get in more trouble – one conflict is that the Boardwalk is supporting elections, with the expectation of support for the Boardwalk, and donations are not reported – there are several other conflicts – sad that the Boardwalk can do this to District 4 – as for District 3, there is talk that the White Sands is looking for another liquor license – don’t need another one in town/on the ocean, if interested in quality of life – these kinds of issues cause problems – if they don’t have enough parking, it should be dismissed – people on Council want parking plan taken away from District 3, because of the possibility of the new liquor license – disappointed, should worry about the people in District 4 and not the Boardwalk interests – flabbergasted that this issue is still being kicked around – and not filling the Council seat is part of delaying this process – will cost us – will have to refund fines and take down signs then put them back up again – a joke – expects Council to give this a lot of thought and do the right thing – thinks Councilman Cortes wants to do the right thing and hopes he does.
Jeff Davies, PPB: hasn’t lived here in the summer since the 80s, when it was quiet – house was destroyed by Sandy, so he is back to the nightmare of this town – seeing the way Council behaves, doesn’t have faith that anything constructive will happen here – asked Council where they lived – only Mayor Barrella is in the middle of the nightmare in the summer – people park farther away than St. Louis to go to the bar – there is no parking anywhere east of the tracks in the afternoon – people have to park all over – next thing you know, it’s midnight and people who probably shouldn’t be driving are looking for their cars – everyone is used to the regulations – asked the Police Chief how chaotic it would be to change regulations at this point in the year, how it would affect enforcement, and how long it would take to train 60 officers – not logical to change it as the summer is about to begin – suggested staying the course for this summer and working on changing it for next summer – asked if there are documented complaints; currently lives in Brick and likes watching their Council meetings on TV – PPB Council Meeting should be televised.
Dave Cavagnaro, PPB: asked if Council is appealing the ruling; asked Councilman Reid if he is aware someone from the Boardwalk walks up and down the street picking up garbage – takes him 1˝-2 hours – picks up what’s between cars and on sidewalks, from Ocean Avenue to Baltimore, on Niblick, Parkway and Central – buggy won’t be able to do that – streets were a lot cleaner with the parking plan – his home is on the corner of Baltimore and Parkway – Baltimore is a County road, where people can park – finds garbage on Baltimore in the mornings, but generally not on Parkway – doesn’t see as much on other streets as he does on Ocean Avenue, Boston or Baltimore – asked Councilman Reid what the parking plan should accomplish and if the new plan would stop people from misbehaving on Niblick, Parkway and Central more than the current one – won't stop a drunk from staggering down his street, vandalizing an abandoned house, urinating, defecating and fornicating on people’s properties – sorry for people who don’t think they shouldn’t get tickets because they forget to put their placards on their dashboards – people don’t think they should get tickets if they’re going 45 mph in a 40 mph zone – the plan worked – the Police Chief said it kept the streets cleaner and quieter and summonses were less last year – was easier to control people in the lots – every recommendation Council got was that it worked – doesn't understand the need to compromise on something that's in place and is working – if new plan is put into effect and it doesn’t work, it will be said that a parking plan isn’t the answer.
Mayor Barrella left the room at 10:13PM, leaving senior Council Member, Councilman Reid, in charge.
Peg Zaremba, PPB: asked if PPB shares CO Gardner with Pt. Pleasant and if PPB would have to hire a part-time helper if not; District 4 is not the only area that needs peace and quiet in the morning – so much time and effort is being spent on one district when three others need attention – hopes Mayor and Council look into their issues as well.
Albert Varosi, PPB: deplorable – Democratic Committee has put forth 3 valid candidates – should be represented by a full body ASAP – 30 days is a “drop dead line,” not a “have to wait to” thing – should consider those candidates – Council should be familiar with their political stances because they are all outspoken.
Mayor Barrella returned at 10:15 PM.
Mr. Varosi: spoke about the District 4 parking plan – area being carved out includes the land between the lakes and tracks and Randall Avenue, which his neighbors have issues with – people will walk to the Boardwalk bars from Homestead, Seymour, Princeton, Yale, Harvard and Sanborn – he is fighting for District 4 – if that’s the compromise, he is fine with that – District 3 residents can fight for their own needs – Councilman Cortes supported the District 4 plan, on record, prior to voting – his only objection was expanding it into District 3 – resident spoke with a Council Member about being awakened at 4AM on Saturday and Councilwoman Tooker’s sister, who lives across the street on Seymour, had people urinate against her house this past weekend – ask that Council pass either of the first two ordinances, and not the less restrictive 2013-28 – Council has gone to great measure to accommodate the needs of businesses by allowing free parking in Little Silver Parking Lot and including areas of Channel Drive, so fishermen don’t have an issue – about 1/3 each of placards he sees belong to area residents, bungalow renters and Boardwalk workers – prosecutor can easily excuse resident tickets; requested that Council not curtail the District 4 parking plan to just the land between the lakes; would like an ordinance passed that redefines building height – many are being forced to the BOA for building heights – Mr. Amelchenko testified he can work within a 32’ envelope above the flood elevation to provide adequate housing – people in the V-Zone need at least 34’, so they can build a house, not get whacked with insurance rates and maximize flood insurance savings – should be no stair setbacks – would like to see an ordinance to address this – people are insulted by BOA members saying they don’t like the way their houses look.
Mayor Barrella left the room at 10:25 PM for approximately 1 minute.
Glen Paesano, PPB: asked how many parking passes will be given per resident, per household, and to the businesses with the modified plan – there are roughly 300 spots on the streets – giving out a ridiculous amount of passes – now free parking in the lot as well – with last year’s plan, cars were driven to the lot and parking revenues were up substantially – asked why parking is being given away and not restricted – giving a parking lot to businesses who don’t have parking – parking plan worked well last year – doesn’t understand why Council is trying to change it – was declared invalid because of one individual – Council has the power to validate it – people who parked at his house were Boardwalk workers and quality of life was better.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 10:32PM

Councilman Reid: asked that item 1/b be carved out (Mayor Barrella: suggested he abstain on that item); Councilman Cortes: asked for an explanation of “interim permit” in item 1/a (Clerk Ellsworth explained).
Motion by Councilman Gordon to approve items listed below was seconded by Councilman Mayer and carried by roll call vote.
a) Approval of ABC application for interim permit for Farrell’s Stout & Steak House
b) Change Order #1 to Earle Asphalt for improvements to Woodland Ave (-$17,891.93)
c) Award of Contract to Derasmo Excavating for Emergency Sanitary Sewer Replacement –
Delaware Avenue ($14,000)
d) Approval PPB Recreation S/E app - Summer Kick-Off Beach Bonfire on 6/30/13
e) P O to Jersey Mulch Products for playground ground cover w/installation ($4050)
f) Authorization to reject all bids for emergency sewer main lining, as all the bids exceeded the
Engineer’s estimate, and to re-bid the emergency sewer main lining project (Closed Session)
g) Authorize Construction Official to advertise for a part-time, temporary, Code Enforcement
Official, for a period to be recommended by CO Gardner
VOTE: Council Members Reid (items a and c-g), Cortes, Mayer, Gordon, Tooker….YEA
Councilman Reid (item 1/b)….ABSTAIN

Mayor Barrella: Mrs. Ellsworth we have 3 ordinances for introduction - asked that Councilman Mayer abstain on voting on these ordinances, without him going into anything further – if Councilman Mayer won’t do that I’ll need to state on the record why I believe he has a conflict.

Ordinance 2013-26 (District 4 Parking Plan) was read by the Clerk. Motion by Councilman Gordon to approve Ordinance 2013-26 on first reading was seconded by Councilman Cortes and carried by the following roll call vote. The public hearing will be held on July 9, 2013..
Mayor Barrella asked that Councilwoman Tooker refrain from voting since she was attending the meeting by phone and asked that Councilman Mayor abstain without admitting he has a conflict in order to protect any ordinances that are introduced tonight. . Councilman Mayer asked that Mayor Barrella explain the conflict that the Mayor perceives.
Mayor Barrella: explained that he believed that Councilman Mayer had a conflict because his brother in law, his wife’s brother, is director of security at Martell’s, and Martell’s presently has pending litigation, and the conflict is that your brother in law is getting paid, and based on Judge Grasso’s ruling there need not be a pecuniary or financial benefit, just a benefit – Judge Grasso noted a case where a councilman’s mother was in a nursing home and that disqualified the councilman from voting because he might bow to pressure concerning the care his mother may receive – this is your wife’s baby brother and someone could perceive a conflict because he is getting paid or because you do not want to take action that would upset your wife. All I am asking is that you not jeopardize everything by voting when you really don’t have to.
Councilman Mayer: We are re-airing the discussion that we had with Councilman Corbally earlier. My brother-in-law Chip DiCorcia is a seasonal employee at Martell’s. He does work security and is a former detective lieutenant in town. This doesn’t violate the Local Government Ethics Law - I’ve read Judge Grasso’s case carefully, and he might have expanded the conflict rules, but let’s discuss your situation Mayor. If we have a tie vote, can you as a property owner in District 4 break the tie vote?
Mayor Barrella: Under that rationale, the only Council member who could vote would be Councilman Cortes, as he is not a property owner in town – you own a house on the other side of town and your taxes could very easily go down if it’s like the Wild West on the east side of town because the town would be getting more fines and court revenue – so, therefore, your tax rate goes down and you benefit indirectly. We’ve had this discussion. If you vote and taint the ordinance, you’ll do so being on notice of the concerns that I have that you are, in my opinion, perhaps deliberately, voting to taint these ordinances.
Councilman Mayer: I do not understand the ramifications of not voting and I do not believe it is legally correct.
Attorney Gertner: particularly short a member, anyone who decides not to vote should recuse themselves and not abstain – abstention counts towards the quorum, per Robert’s Rules – if you don’t have enough people to make the quorum, the vote may not pass – assuming Councilmembers Mayer and Tooker recuse themselves, there is a majority of 3 people, and 2 would carry the vote.
Councilman Mayer: on the Mayor’s advice, and in an abundance of caution, I will recuse myself if you feel that’s safer Mayor.
VOTE: Councilmembers Cortes, Gordon….YEA
Councilmembers Reid….NAY
Councilmember Mayer, Tooker….RECUSED THEMSELVES

Ordinance 2013-27 (District 3 Parking Plan) was introduced on first reading. Motion by Councilman Gordon to approve Ordinance 2013-27 on first reading died for lack of a second.

Ordinance 2013-28 (Parking Plan – Central Boardwalk District) was introduced on first reading. Motion by Councilman Reid to approve Ordinance 2013-28 on first reading was seconded by Councilman Cortes and carried by roll call vote. Public hearing will be held on July 9, 2013.
VOTE: Councilmen Reid, Cortes….YEA
Councilman Gordon….NAY
Councilmembers Mayer*, Tooker…..RECUSED THEMSELVES
*Councilman Mayer: I guess I’m still recused on the Mayor’s advice.


Tom Highton, PPB: asked if any Governing Body member received campaign contributions from Martell’s.
Mike Ramos, PPB: confused as to whether PPB currently has a parking plan – read that the town asked for a stay and was denied – asked the timeframe for filing a notice of appeal and requesting a stay from the appellate division – asked if the signs around town are now invalid.
Jeff Davies, PPB: asked if there is an option to continue the current plan and Council decided not to; asked Chief O’Hara to have zero tolerance for noise in his district
John Morrongiello, PPB: asked if parking tickets are null and void – asked what happens after the 30 days – has candidates’ contact information, if Council wants to conduct interviews.
Dave Cavagnaro, PPB: intent of the parking plan was to keep people out of residential zones – compromised plan would not – asked, if incidents, garbage and noise increase, if Councilman Mayer would consider the compromise a failure, or the whole parking plan a failure – sees what’s on the front and side of his house at 11:30 PM – the next morning, he sees things on the Baltimore side of his property and not on the Broadway side – reasonable deduction that it came there after midnight – concerned that, next year, someone might say we had a parking plan, but it was compromised and the garbage, noise and problems were there, so the plan wasn’t any good, and there will never be another – finds smashed beer bottles on the side of his house and in front of others – noticed more broken bottles on a variety of streets, not just his corner.


Meeting was adjourned at 11:07 PM by consent of Council.

Transcribed by: Maryann Ellsworth, Municipal Clerk & Eileen Farrell, Deputy Clerk

Attest: Maryann Ellsworth, Municipal Clerk

Published September11, 2013 | Council Minutes | 1673

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