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July 9, 2013

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 5:37 PM with Councilmen Reid, Cortes, Mayer and Gordon present. Councilwoman Tooker was holding on the phone. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Clerk Ellsworth: three names were submitted by the Democratic Organization to fill the Council vacancy – Monica Walsh, Tom Davis and David Cavagnaro.
Motion by Councilman Cortes to appoint David Cavagnaro to the vacant Council seat was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Mayer, Gordon….YEA

Clerk Ellsworth administered the Oath of Office to Councilman David Cavagnaro.

Motion by Councilman Gordon to permit Councilwoman Tooker to participate in the meeting via teleconference was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Councilmen Cavagnaro, Gordon, Tooker, Mayor Barrella….YEA
Councilman Reid, Cortes, Mayer….NAY
Attorney Gertner: advised Council that criteria should be set to determine whether, in the future, a Councilmember should be permitted to participate via teleconference.

ABC License Hearing: White Sands Hotel/Motel Exception License

Attorney Gertner: had numerous communications with Attorney Chiaia – they spent time yesterday alone and with the Clerk and ABC attorneys, to get better direction for Council –long time since there was discussion about issuing a new liquor license in PPB – thanked Captain Dikun, whose background is as an ABC officer, for his comments and assistance – White Sands should sum up their pitch for the issuance of a Hotel/Motel license, Council should open the question to the public, then deliberate – most Council can do this evening is vote on whether to issue the license – if they decide not to, debate would end there – if they decide to issue it, with or without conditions, the next step would be to work through the ABC in a bid process – there is only 1 potential organization that would be eligible, but the statute permits the Borough to bid the license – Attorney Chiaia should be permitted to fill the record as to why it should be issued and why his client’s organization would be suitable (Mayor Barrella: Council may need to determine the appropriate bid process, amount, etc., before deciding whether to issue – applicant may not be interested at that point) can carry that deliberation to a future meeting (Mayor Barrella: hopes to get all testimony and audience objections tonight and, if Council is inclined, to hold any decision-making until they have a better handle on what conditions they might be interested in imposing; Councilman Reid: agreed – asked Attorney Gertner for a resolution, which includes the restrictions and puts everything in black and white; Mayor Barrella: first thing to be voted is whether to issue the license – if not, there is no question of conditions – there is conditions and minimum bid amount (Clerk Ellsworth: the Hotel/Motel license is a Plenary Retail Consumption license, issued under the Hotel/Motel Exception – the last 3 were sold for $350-400K) should applicant decide to turn in their current license to the municipality, by operation of law, it would be retired – municipality cannot resell it (Mayor Barrella: lot of variables – unwise to make a decision tonight; Councilman Reid: they are not creating another license to be on the market) no – if Council was inclined to issue the new license and decided on a bid price, and they bid the minimum price, they could pocket their current license and sell it retail – they could voluntarily turn in their license, but then it would be retired (Councilman Mayer: asked Attorney Gertner where the ordinance prohibition on no new liquor licenses east of Ocean Avenue fits in) it fits in if this organization were the recipient of the license – it’s a threshold question – they will argue that the Hotel/Motel Exception license and the statutory basis of its issuance would permit them to supersede the ordinance – not an illegitimate position – but, since they are the only eligible bidders, the town could argue that there is an ordinance and may permit the Hotel/Motel license to reach the rooms and interior of the premises, with no service outside, where it could look like a Boardwalk beach bar – ordinance says no liquor sales east of Ocean Avenue at all – as a matter of policy, want to maintain that, even in a Hotel/Motel license (Councilman Mayer: ordinance would have to be amended; Mayor Barrella: if Council were to authorize this, something would have to be done with the ordinance; Councilman Mayer: would have to amend it to make the Hotel/Motel Exception; Mayor Barrella: would like to hear from Mr. Chiaia).
Attorney Chiaia, representing the White Sands: ordinance was created absent the Hotel/Motel Exception, so it is reasonable to conclude that it does not consider the Hotel/Motel Exception as being a violation of itself – understands the ordinance is intended to prohibit place-to-place transfers east of Ocean Avenue – can’t do a place-to-place transfer of anything other than a Consumption or Bulk license – Hotel/Motel Exception is unique to that property and doesn’t contemplate any place-to-place transfer – ordinance is completely valid and needs no amendment – is able to continue in full force – its intended effect, no new liquor licenses east of Ocean Avenue, is in no way diminished (Mayor Barrella: asked Attorneys Chiaia and Gertner if a Hotel/Motel license runs with the land or, if anther PPB hotel satisfied the number of rooms, could be sold and transferred to the second hotel) no – once someone else qualifies, they come before the Governing Body to ask for a new license (Attorney Gertner: in practical terms, that may be correct but, if another site in PPB produced a new hotel that meets the criteria, the license could be transferred) repeated Attorney Gertner’s argument that there is a supremacy issue – statute was created to allow Councils to issue new licenses to hotels and motels that qualify with at least 100 bedrooms (Mayor Barrella: understands the state statute is permissive – municipality is not mandated to issue the Hotel/Motel license, but is permitted to do so) N.J.S.A. 33:1-12.20 says the municipality may issue a new license to a person with a hotel or motel containing 100 guest sleeping rooms (Mayor Barrella: can reduce these issues to a brief; Attorney Gertner: if inclined to issue the license, would be a cleaner and clearer statement of policy to also amend the ordinance to read how Council would like to see hotel/motels, particularly east of Ocean Avenue, approached – but there are arguments that say Council doesn’t have to do that; Mayor Barrella: asked Attorney Chiaia if he must swear to give testimony before Council) no – proposed that he give Council a review of the testimony put into the record and address some questions that were asked of him (Attorney Gertner: had Councilman Cavagnaro swear and affirm that he heard the testimony previously given on this matter and he feels comfortable evaluating that previous testimony, as well as the testimony and argument he will hear today) asked Chief O’Hara if the police department had any objection, with respect to the prior history of the liquor license, as operated by the White Sands (Attorney Gertner: asked Chief O’Hara and Captain Dikun if they had any comment on how the current function of their license has been – if there were any issues or turnover; Chief O’Hara: didn’t do a full research of calls-to-service to their establishment – nothing unusual stands out – for a definitive answer as to what has taken place that’s been alcohol-related, would have to do computer research of the history over the last few years (Mayor Barrella: asked the police department to opine on a license being issued – thought that was the reason for having Captain Dikun available for the meeting – asked if he is prepared to address those issues – he could do so at a later point when Council is prepared to debate, but it would be a good idea to get it on the record; Attorney Gertner: general comments about the issuance of the license would be important, because that is the threshold question; Councilman Reid: at last meeting, he asked if they have been a good neighbor, responsible with alcohol, etc. – would like a study done; Chief O’Hara: can run through the computer system and come up with something; Captain Dikun: didn’t know in what direction Council was going tonight – not prepared with statistics – can give general characterizations and opinions on behalf of the department – has taken care of liquor license transfers for the better part of the last 25 years – has a good idea of the way things work in the community for at least that long – doesn’t have specifics because he wasn’t tasked with that; Mayor Barrella: suggested holding off until Captain Dikun can prepare and submit something) at last meeting, they established that, in accordance with the statute, they have at least 100 bedrooms – it was testified that they have 55 or 56 at the hotel building on the west side and 74 at the motel building on the east side – they testified that, presently, the hotel building is fully licensed, allowing room service of alcoholic beverages – there is a catering hall and bar on the first floor and a restaurant on the second floor – across the street, where the beach is, there is a bring-your-own restaurant, 2 outdoor pools on either side of the restaurant and 74 bedrooms, all of which are bring-your-own, with no control, because it is not an ABC-licensed facility – hotel’s main purpose is to create a resort where people feel they have come to someplace special, on-par with what they would get on vacation to an island getaway or some other resort – one of their biggest complaints is from parents who can’t have a drink unless they are willing to buy it and mix it themselves – would be an upgrade for hotel, translating into more and longer stays, thereby creating more hotel/motel tax revenue for the town – hotel restaurant has not been successful over the last 11 years – have tried different themes – food is excellent – does not generate a following because it is inconvenient to get to, on the second floor – they plan on closing it at some point – only evening restaurant at the facility will be across the street on the beach side – unless Council gives them a license to sell alcoholic beverages there, it will be a bring-your-own restaurant – because of its location, its view of the ocean and excellent food, they anticipate it will be more successful on that side – because they currently have a liquor license at their restaurant, they would like to also have that ability – that’s the purpose of asking the town to issue a new license under the Hotel/Motel Exception, in keeping with the ordinance – the hotel, although separated by a street, is a single operation with 1 management team, 1 payroll system, 1 lobby where guests check in and check out – all buildings are painted the same colors – it’s obvious that it is one resort facility, meant to be contiguous – once they close the restaurant, which has been approved by the Board of Adjustment (BOA), they will put more bedrooms there – Mayor asked for examples, other than Atlantic City, where there is a split liquor license, with a street running through the middle – did case law research and came up with a number of cases including Springdale Park, Inc., a 1967 case in which a hotel’s restaurant was a completely separate building and the town allowed them to make it an extension of their hotel – that started the ball rolling – doesn’t have a street running through it, but it is a completely separate building – that got us through the concept that it has to be the same building – Margate held the same thing in 1975 – there was a case in 2008 in Egg Harbor Township and Galloway Township, known as Tuscany House, LLC – this is analogous, because there is not only 1 street but numerous streets separating the hotel and its lobby from the resort area which, in this case, is a golf course with a winery, gazebo area where they serve the public and restaurant across the street – they were able to get their liquor license brought across the streets – that is the best case in point as to why this application, if successful, will be upheld by the ABC – not in violation of their requirements – these cases seem to hold on the same analysis – they ask whether it’s a single, specific place of business – intent of the cases is to determine 1) if the buildings are near each other, 2) if part and parcel of the motel operations – clearly, the pool and restaurant are part and parcel to the operations – they are in the middle of the 74 units, and 3) if in conjunction with the applicant’s motel operations – have people staying at the hotel, able to eat at the restaurant, use the pools, have a drink at the pools – there was another case in Parsippany, the Tabor Inn – they have a facility on 1 lot, but it’s spread out and crosses over large driveways – public can’t discern from a roadway that it is 1 facility – nevertheless, they allowed the license to be split between the 2 sites (Mayor Barrella: asked when that case was decided)– was 2006 and it’s not a case, but an example he got from the attorney who represented the Tabor Inn (Mayor Barrella: so, the municipality allowed this to happen) – you have Jenkinson’s Pavilion which, as he read in the minutes, was part of their 11-years-ago case – they indicated that they have the pavilion and, 16 blocks north, they have the north bar, so there is a precedent in town for splitting a license on a property – there is another case in Stone Harbor called Shelter Haven which is a similar situation, where they have a hotel on 1 side of the street and restaurants on the other – applicant is flexible to ensure Council this would not become a nightclub – they have an economic interest to ensure their guests are not kept awake late at night by the noise and crowds a nightclub environment would bring – they would be flexible to conditions, such as a last call at midnight – many nightclub attendees don’t leave their houses until 11PM – that should satisfy any patron who wants a late dinner and drink at the restaurant (Councilman Reid: confirmed that this is just a service bar) correct – within the restaurant itself (referenced Exhibit A3 – bar is the small ‘l’ in the bottom left corner) a place to make drinks and bring them to the tables or outside to the tables on the patio (Mayor Barrella: not proposing bar service by the pool – talking about waitress service from an inside bar) right – would want to keep some flexibility as to what they can do with a waitress, or people coming up to a counter and taking their drinks back to their pool chairs – not positive they would want to hire a waitress, but there is no outside bar – all of this is excepting the instance of a private party, because there is catering there and different private parties – if there was a private party, they could certainly set up a bar area there for the party guests (Mayor Barrella: a major complaint about Jenkinson’s North End is the parties and weddings that occur there – the private party precipitates the most complaints from people in the Harborhead area, for what it’s worth) been able to have private parties outside through their history – are not aware of any complaints – are sensitive to our neighbors (Councilman Reid: asked if they have parties on the west or east side, and if they would move their wedding facility to the east side) weddings will not occur on the east side, however some people wish to have a wedding on the east side – the catering hall that seats 180-200 people is located on the first floor of the hotel on the west side – that’s the primary place where people want to entertain their guests – now and then, someone wants to have an outdoor ceremony, and they’ll walk up to the waterfront for the ceremony, and there are some parties that occur outside as well – due to the weather, most people don’t want to be outside for an extended period of time – applicant cannot serve on the beach – should be noted that they don’t own the beach property – they have rights to utilize the beach through a lease with the property owners, Point Pleasant Beach and Surf Club, Inc. – paragraph #3 within the lease specifically says there will be no alcohol sales on the beach – any resolution should include that as well (Councilman Mayer: asked the term of the lease) he provided it to Attorney Gertner – believes there are another 2 years on it – have had the lease for 31 years, renewing as it comes up (Attorney Gertner: correct – sees no automatic option to renew; Councilman Reid: when they renew the lease, they would make sure to keep the same restrictions about not serving alcohol on the beach) right – and the other restriction that this applicant has to be bound by is the geographic area of its property that the resolution authorizes it to serve alcohol within – don’t have a right to ask to license a property they don’t own – this property is owned on both sides of the street by one corporation, operated as one business (Mayor Barrella: at last meeting, asked for his view if they were to acquire the Windswept, Sand Pebble or some other motel under the umbrella of the same corporation, if the license would jump to those other hotels) would be up to Mayor and Council at that time, and up to the applicant, if they wanted to come and ask for that (Mayor Barrella: asked, if the Governing Body granted a Hotel/Motel license and allowed it to jump Ocean Avenue, accepting the argument that the corporation holds the license to operate in a hotel/motel facility, and if the corporation acquired or enlarged its hotel/motel presence, what basis the municipality would have for saying they can’t go to that newly-acquired hotel) concern and question are legitimate to protect residents from too much expansion of one license to multiple properties – his family is not interested in making further investments of hotel units – there is one 12 blocks south of them – it’s not for sale, is completely different construction, and he couldn’t conceive of that being near – there is another 3 blocks north – somebody can maybe argue that it’s near, but it’s certainly not across the street, like they have now – Council must be held to a reasonable standard – can’t be arbitrary or capricious in their decision making – it’s reasonable for them to conclude that they don’t want to expand to a facility 3 blocks north, because it’s not contained in one contiguous facility (Mayor Barrella: asked why that would be a reasonable conclusion, but to go across Ocean and Philadelphia Avenues would not – if they can draw the line at 3 blocks, why not at 1 block) they can – he is asking them not to – asking them to look at the business that’s been there for 31 years, the hotel/motel tax revenue it brings, and make a determination – their interest has been to make for a nice place that gives this town a great reputation – not anything contrary – doesn’t think they’d be here asking for something they’d be embarrassed to ask for – he looks at the case law as guidance – this Springdale Park case is on point (Mayor Barrella: Attorney Chiaia has them at a disadvantage, because he and Councilman Mayer have not had an opportunity to read it – doesn’t know if Attorney Gertner has – Attorney Chiaia has made his point, but understands the question, if he feels what he has said today needs to be bolstered, in light of it; Attorney Gertner: the purpose of this conclusion is to inform Council, so that they can make a determination, if they choose to issue a license – don’t necessarily have to get to the questions posed, as this point; Councilman Reid: asked why they can’t just put in a restriction about expanding the license; Attorney Gertner: could certainly be a restriction as part of the bid, if Council is inclined to issue the license through the bid process) thanked Mayor and Council.
Mayor Barrella: opened public participation.
Tom Highton, PPB: asked what guarantees that the upstairs won’t turn into another youth bar, other than the noise – asked if there will be restrictions on the west side bar (Attorney Chiaia: open to restrictions, like cutting last call from 2AM to midnight – want just a restaurant, not something that would encourage people to come out for a drink after midnight – that’s not a nightclub environment – also, there are bedrooms above – tolerance for noise will be very low – restaurant will be quiet enough to handle the mixed use of that building; Councilman Reid: asked what is being done with the restaurant on the west side; Attorney Chiaia: that restaurant is going to become rooms; Frank Chiaia, owner, White Sands: presently, that area is part of his licensed premises to sell liquor – if this is issued, it could be taken right out of the license and they could no longer serve on the second floor of the hotel – if they did, they would be in violation of the license and could lose it – that’s the best protection offered to the townspeople – doesn’t want noise after 11:30, but that’s the assurance Mr. Highton could have; Mayor Barrella: asked if Mr. Chiaia is looking for the ability to move his restaurant from the west side to a building overlooking the ocean, where he could have a bar and serve alcohol to diners; Frank Chiaia: 100% correct; Attorney Chiaia: except not with a bar; Mayor Barrella: no, the service bar concept; Councilman Mayer: also looking to serve drinks poolside; Frank Chiaia: will not have a bar poolside – either a waitress or the ability for guests to come from the pool to order a drink at the restaurant and take it – at least they could have an adult beverage when they are with their children; Councilman Mayer: understands it’s only a service bar, with no bar stools; Frank Chiaia: it’s a 3-basin sink and a cooler; Mayor Barrella: a few years back, people had a service bar outside – there were bar stools all around it – there was a restaurant – and they wanted to create their own little patio bar out there – will take him at his word; Frank Chiaia: from his knowledge of the liquor license, he wouldn’t be able to serve by the pool if that area wasn’t included in the area that can be served in – asking for the restaurant and 2 pools to have that area of service; Councilman Mayer: asked if there will there be self-serve bars in the rooms; Frank Chiaia: no; Attorney Chiaia: however, the rooms are required to be included within the geographic area, if room service is to permit a mixed drink to be delivered to a room; Councilman Mayer: room service could deliver drinks to rooms – no fridge; Attorney Chiaia: yes; Mayor Barrella: but that would be during food room service – no 24-hour drink service; Frank Chiaia: would have trouble getting food after 11:30PM, much less a drink; Councilman Reid: so, you’d put on a restriction at a certain time; Frank Chiaia: yes).
Angela White: asked if police research will include only guests who have imbibed alcohol on the premises, or also those who have gone out, spent hours at a bar, and returned to start chaos (Capt. Dikun: a records search usually goes by a street address – then, it will have to be hand-reviewed to see what is appropriate to the location, as opposed to something that might be related back to the location – that’s the way it would be with any location).
Lisa Muller, PPB: asked, if Council allows the applicant to carry on with their plans, with restrictions, what is to stop them from coming back in a couple of years and changing those restrictions – asked if they are etched in stone or flexible (Attorney Gertner: Council must first determine whether to issue the license, with some generic restrictions – understandings that those restrictions that go with the original license, are less able to be modified than restrictions on the license itself – once you have a license, issued by a municipality with restrictions, that’s the bid – the successful bidder goes through what is like a place-to-place transfer hearing – at that point, the municipality can add further restrictions, based on the transfer – those restrictions are subject to year-to-year review – would like to check that with the ABC) the plan that has been presented sounds nice – concerned that, if this were to prove unsuccessful, they would try to turn it into a nightclub and that would not be a good thing for the town.
Albert Varosi, PPB: asked if, upon issuance of a new license, the old license would be surrendered to the town and retired (Mayor Barrella: that’s one possibility – the other is that the White Sands hangs on to their existing license and decides to sell it to some establishment in PPB that would use it as a consumption license – in theory, while they may not have the goal of setting up another bar, they could sell it to any restaurant, or any open space area – someone could knock down a restaurant, put up a new building, have the liquor license purchased and set up a new bar there – having the license outstanding, as a pocket license, presents that possibility for the municipality; Councilman Mayer: asked Attorney Gertner if he feels that a bid condition could be that if you are an existing license holder, you would need to surrender that license; Attorney Gertner: would like to verify that with the ABC; Attorney Chiaia: we are absolutely ok with doing a swap of licenses) so, amenable to that as being a condition (Attorney Chiaia: yes; Councilman Reid: asked Attorney Chiaia to explain that; Attorney Chiaia: the license that the White Sands now holds is necessary for it to conduct its restaurant and catering operations/weddings – it has contracts to fulfil, so it is going to maintain that – it is a property right that the White Sands now owns – understands it has an approximate value of $300-400K, if sold in today’s market – statute provides for approximately $25K plus $50/room charge, that the town can make, as a bid, for a Hotel/Motel Exception license – in their case, 130 rooms translates into $6,500.00 – that’s $31,500.00 that the town can charge for that license – however, that’s a license that’s never open to the public – can only be for private parties and use of the hotel guests – there’s a subsection below it, which sort of says, if you’re going to be open to the public, the town can charge a bid – whatever they want – it can be $0.00 or more than $31,500.00 – the town is in a position to be asking the hotel to bid – the law would require a bid – and the town would set that minimum bid for issuance of this license – certainly, the hotel would rather not have to part with any money, and swap licenses – one in exchange for the other – therefore, they’re giving up a $300K asset and getting another, less valuable license in its place – not likely the Hotel/Motel Exception license can be transferred within PPB because there’s no other potential buyers – the hotel would be able to sell it only to another person buying the White Sands Hotel – that’s the only time they’d be able to get their value back – because it’s not freely transferrable, it’s not likely to have as much value; Councilman Reid: town would have the other license, so another license is not really being created; Attorney Chiaia: a transferrable license is actually being eliminated by being turned in – understands the town cannot re-sell it because the population would not allow it to be re-issued; Mayor Barrella: we are inundated with liquor licenses).
Marianne Mongello, PPB: asked about the rules and regulations for rental houses – drinking, loud music, fireworks at the rental houses is much more disturbing to residents (Mayor Barrella: should call the police) applicant has a reputation to do the right thing – there is never any loudness at the hotel – there is more aggravation with the rentals than the White Sands – an established business in this town, needs to grow to survive – she owned a restaurant in Florida – it’s not an easy business – they need all the help they can get – these people have been in this town – need to issue them the license and carry on their business and not have to close – don’t need an empty place in PPB (Mayor Barrella: doesn’t think anyone is saying they don’t want to issue a license because it’s the Chiaia family – not certain that what will come from the police department will say that there has been bad behavior there – looking at the effects of the decisions made today – it will be years down the road, when the Chiaias decide to sell the business, someone else comes in and buys a couple of hotels, cobbles together 100 more rooms, and we are confronted with that – it happens to be east of Ocean Avenue – or a license owner wants to transfer to someone who is building something east of Ocean Avenue and says that the Chiaias were allowed to go east of Ocean Avenue and questions why they are not being allowed – that’s the slippery slope) but today is the present (Mayor Barrella: must balance today with the future) put in restrictions that are reasonable for these people – that’s the issue – need to get on the licensing procedure for people renting homes (Councilman Gordon: asked if she is just tolerating that behavior without reporting it – urged her to call the police who will respond – she doesn’t deserve that) police were at her house 3 times this weekend – doesn’t feel that PPB citizens need to be calling the police for nonsense – they have better things to do (Councilman Gordon: that’s part of why police are hired – to take care of citizens) agrees – but Governing Body needs to get on people who rent privately on Ocean Avenue (Councilman Reid: there is a strict Animal House ordinance – needs to continue calling if she has problems, because next year, the owner is not going to be able to rent to that person) it’s not just one person – asked the Governing Body to have consideration for the Chiaias and issue them the license.
Frank Rizzo, PPB: agrees with Ms. Mongello – knows the White Sands well – a highly respectable organization - should be given the opportunity to advance – problems there are very few and, possibly, negative – been to reunions, weddings and other affairs there – if a license is granted, it would be an advantage to them, so they can continue their policies in the beach and bring a lot of people back – had a 50th reunion there with people from all over, and all people talked about was the way they were treated and how they were accepted – that’s what is needed because of problems with the storm – it’s time for rebuilding and bringing people back to PPB.
Mike Ramos, PPB: a 30-year hotel executive, working for Hilton, is very familiar with resort properties – has had several – knows members of the family who operates the facility – agrees that it is first class and run professionally – they maintain a high price point – not a place where people crash after they’ve done the party scene – they bring additional revenue to town through hotel/motel tax – the only resort hotel in PPB – part of the appeal of a resort is it brings an experience to the guest – the convenience factor – they’ve made it work for 30 some years – offering Council a lot of opportunity to play nice and make concessions to what they are looking for – what they are requesting doesn’t sound unreasonable – understands the concerns of the town, but Council has the opportunity to put restrictions – if there are problems, a liquor license comes up for renewal every year – asked Council to give the White Sands every consideration – they bring a certain panache to town – in a more commercial area, without a Harborhead – if everyone puts their heads together, can make it work for the town and for them – they’ve invested a lot of time and money in town over the last 30 some years (Councilman Reid: asked if buying liquor at the hotel, rather than bringing their own, would bring a different clientele) his Hilton has a liquor license – they don’t allow the public to bring liquor in, and are able to control it – can’t control it 100%, but he would rather a controlled liquor environment than a BYOB, where guests assume their own responsibility and can drink until they are annihilated, as opposed to a controlled liquor environment where bar tenders and everyone else are certified and trained to cut someone off – White Sands is very responsible – not looking to open a night club – not a huge facility – not looking to expand onto the beach – they live here – their children go to school here – a known entity in town – that gives them every consideration.
Councilman Cavagnaro: asked Attorney Gertner if the town has a right to impose a deed restriction, rather than a license restriction (Attorney Gertner: not to his knowledge; Mayor Barrella: asked Attorney Chiaia if they have to go back to any of the boards; Attorney Chiaia: that’s not his understanding, because the BOA has already authorized the operations that have been contemplated here; Mayor Barrella: asked Councilman Cavagnaro what he had in mind with a deed restriction) thought it might be more permanent to the property, regardless of who the owner is (Mayor Barrella: anything could be voluntarily agreed to; Attorney Gertner: reiterated that this is a 2-step process – first step is to determine whether to go out to bid for such a license; Councilman Mayer: asked if Attorney Gertner has legally concluded that it can cross the street; Mayor Barrella: doesn’t think so at all – there’s an issue; Attorney Gertner: yes, it can – if Council buys into these arguments; Councilman Mayer: asked if he is inclined to it – asked, if Council was inclined to allow them to extend the license across the street, why not just extend the existing license, instead of going through the bid process; Attorney Gertner: because, in that sense, the ordinance is prohibitive; Councilman Mayer: would amend the ordinance anyway; Attorney Gertner: the ordinance is prohibitive, in that sense – would have to amend the ordinance first; Councilman Mayer: and it may or may not be in the other sense; Councilman Gordon: asked if that is amended by exception, or if it amends it entirely for anyone eligible; Councilman Mayer: that is one advantage – it can be amended for Hotel/Motel only; Attorney Gertner: the amendment would say that, for any licensed premises that is a hotel or motel with more than 100 rooms, that license may be extended by majority vote of the Council across; Councilman Mayer: that may answer his question – that may be the reason to cross Ocean Avenue; Mayor Barrella: but it’s not so much extended – it would be part of the operation – if the operation happens to be east, they can utilize it east; Attorney Gertner: can negotiate and talk about how to do that – his position would be that in granting a Hotel/Motel license, because it is a unified license on the hotel/motel itself, that this ordinance does not apply – if Council were to extend, by place-to-place transfer, the existing license across the street, that action would be prohibited by the current ordinance; Councilman Mayer: that’s an extension of the license across the street; Attorney Gertner: but, technically, you go through a place-to-place transfer application, and the ordinance would have to be amended).
Motion by Councilman Mayer to close public participation and carry this matter to the July 30th meeting was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmembers Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

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

Closed Session began at 7:01 PM and ended at 7:42 PM.

Mayor Barrella called the regular meeting to order at 7:51 PM. Present were Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon and Tooker (via teleconference).

Department Head Memos and correspondence were discussed; Mr. LaPlante: pre-storm, his house off Elizabeth Avenue had a deck on the east side – was there when he bought the property, on both his survey and plot plan – went to BOA for a variance to put it back – BOA conditioned its resolution on Council approval (Attorney Gertner: there is a Boardwalk right-of-way – must look at what waivers or rights the town is willing to give for reconstruction – need to know how the deck got there in the first place – would like to review BOA minutes –have requested that similarly-situated people sign dune easements – recommended that he review Mr. LaPlante’s information and that Council carry this until July 30th) dune ordinance allows a 200-sq-ft. deck in that area – is adhering to that – is here only because of one BOA member – would be willing to discuss the dune easement (Attorney Gertner: compromise would be to have a fairly standard agreement for these circumstances – will get it to Mr. LaPlante and Council for discussion by July 30th) spent close to $2K rebuilding a dune that’s larger than before (Attorney Gertner: thinks his fear about signing the easement will be relieved when he sees the agreement – it addresses people’s rebuilding, without waiting for the state – willing to listen to Mr. LaPlante’s concerns and bring them to Council to discuss, but trying for uniformity along the coast; Councilman Reid: getting people to sign agreements is important, but Mr. LaPlante received BOA approval and is asking to rebuild what was already there – doesn’t know why Council is standing in his way; Mayor Barrella: not standing in the way of rebuilding his house – deck is on a Boardwalk right-of-way – might be in the way of an Army Corps easement to construct dunes; Councilman Cortes: asked if deck is permanent) an option is to make it moveable – was approved by BOA on April 24th – hoped to be before Council earlier, but paperwork wasn’t processed – lot of homeowners used personal funds to rebuild dunes – not against building them (Mayor Barrella: if considered tonight, this risks denial because Council doesn’t have enough facts; Attorney Gertner: most issues raised by Mr. LaPlante were raised previously by Council for someone else in his shoes – were resolved to that person’s satisfaction – confident will have the same result – obligated to present Mr. LaPlante’s concerns to Council – has no problem making recommendations based on them – goal is to try to make it as easy as possible for owners – but uniformity is needed in the way it’s processed); 343 River Avenue curb cut request was added to the agenda as long as it complies with the ordinance – minimum 10’, maximum 13’ for a single garage; Attorney Gertner will review Engineer Savacool’s proposed Zoning Amendment to the LC Zone, per Councilman Mayer’s request.; Clerk Ellsworth had no items from Closed Session to be add to the agenda.

COMMITTEE REPORTS:

Councilman Reid: extension of the garbage detail/litter program went into effect Saturday, Sunday and Monday – takes about 2½ hours to go from Washington to Broadway or vice versa, or Ocean to Chicago – starts very early – hopes all have seen cleaner streets – will continue to run Memorial Day through Labor Day – estimated cost is $2,800; Bill S-2598 has passed the Senate and Assembly – provides limited exemption from development regulations, to allow certain structures to be raised to the highest applicable flood elevation standard – Governor has 45 days to sign it – thinks it should and will be signed.

Councilman Cortes: year-to-date, JCP&L has replaced/repaired @1,400 street lights –meeting with Administrator Riehl and Pete Johner on the 16th to discuss taking ownership of Pleasure Park lights; walked on the Risden’s roof with Roof Diagnostics, who is using tar to seal the roof that’s been leaking since the storm – damage to the gazebo by the Post Office has been submitted to the insurance company – spoke to Administrator Riehl about putting motion lights there as a deterrent – during the rain, he was working on Arnold Avenue across from the parking lot, where it floods – put on his bathing suit and waded into Lake of the Lillies – could see water flowing from Boston Avenue pipes, coming from Lake Louise, so he waded into Lake Louise – there was about 3½’ of bulkhead showing, but water was still flowing into Little Silver Lake – spoke to Engineer Savacool, who will take a look – also went to Randall Avenue to investigate water percolating out of the storm drains from the flapper valve, which is stuck in the pipe – alerted Engineer Savacool – does not block water – water will go onto Randall Avenue when the tide comes in; an order has been placed for Recreation Department equipment – summer program is doing well; leaky roof at the DPW building is pending – with today’s rain, there will be water dripping inside; Pleasure Park bathrooms are open until dusk 7 days/week; Chief informed him that curb striping is about complete – that’s in conjunction with DPW Superintendent Trout; received a letter from a Philadelphia Avenue resident that the fire hydrant at the street-end is blocked by weeds – will pass on to DPW Superintendent Trout.
Councilman Mayer: asked Mayor Barrella about committee assignments for Councilman Cavagnaro (Mayor Barrella: should assign him to former Councilman Corbally’s committees) asked Councilman Cavagnaro if he is comfortable with Buildings and Grounds, as there are a lot of live issues (Councilman Cavagnaro: there is a lot of help on the Governing Body; Mayor Barrella: Councilman Cavagnaro has the expertise and has always been very involved; Councilman Gordon: asked if it is a Mayor’s assignment; Mayor Barrella: no – Council should vote on it – Councilman Cavagnaro can always swap committees later) former Councilman Corbally was also on the Finance Committee (Councilman Cortes: and the Police, Emergency Management, Waterways and Municipal Court Committee; Mayor Barrella: was also liaison to the Non-resident Taxpayers and Shade Tree Committees and the Chamber of Commerce – directed that these appointments be added to the agenda; Councilman Reid: asked that he be appointed liaison to the Chamber) Mayor Barrella may want to inquire about the Non-resident Taxpayer Committee (Mayor Barrella: will also talk to the Chamber).

Councilman Cavagnaro: thanked Council for their faith; favors lights at the gazebo – asked that it be considered as one of the locations for the Phase II of the security system (Chief O’Hara: camera is on the northeast corner of the highway, west of the tracks, where the power source is – plan was to replace that camera with two – one facing the train station and lot – the other facing the intersection – with the camera in that location, will not see the gazebo, just trees – have been planning fixed locations – if there is a power source inside the gazebo, could put one there, but it would have to be worked into the plan – will be considered and prioritized with the other cameras planned for Phases II and III – will do everything they can to include it).

Councilman Mayer: have more than $5M in notes due August 9th – planning a note sale to close before then, in the amount of $9.85M – picking up Sandy Capital Expenditure ordinance, paying down ordinances – spoke with Bond Counsel Rogut today – seems to be proceeding; asked Administrator/CFO Riehl what needs to be done to get the Borough Hall’s e-mail working (Clerk Ellsworth: e-mail is back; Administrator Riehl: when it is down, the scanner goes down; Clerk Ellsworth: because it scans to e-mail) asked if this is happening more frequently (Clerk Ellsworth: more than it used to) Buildings and Grounds could talk about that (Administrator/CFO Riehl: could be the server – got it in 2007 – probably time for an upgrade) should start thinking about it in next year’s budget – asked Administrator/CFO Riehl to work on a Finance Committee meeting – budget hearing is July 30th – needs to understand a couple issues before then, get refreshed on limits, get through surplus regeneration and put it to bed – need to look to 2014, starting with 2014 salary impacts – asked Administrator/CFO Riehl about the audit (Administrator/CFO Riehl: it’s done) will expect to see it soon – also at the meeting, would like an update on revenues and expenses year-to-date, compared to prior year – SEC15C212 Continuing Disclosure annual report is due at the end of August – Phoenix gave a 2-year proposal, but thinks they need to be reappointed – worked well last year – doesn’t want to miss the date; Surf Taco is one of the few buildings that hasn’t come back – architect proposals have been received, but that’s been stalled – Anne Lightburn will discuss during public participation – need direction (Mayor Barrella: maybe there is not a consensus as to the best approach – some think the building has seen its day and it would be better as a food court).

Councilman Gordon: gave police report for week 7, which includes July 4th – 76 Borough ordinance violations (55 that week in 2012/31 that week in 2011), 40 criminal arrests (21 that week in 2012/11 that week in 2011) – 26 criminal arrests over July 4th weekend, along with disorderly conducts, disrupting justice, trespassing, stolen property, and drug-related issues – still seem to be attracting undesirables – unfortunate, because PPB has come back hard – appreciates all police are doing – need to be vigilant in our efforts to keep town safe and orderly.

Councilwoman Tooker: has last-minute item for agenda, as recommended by the Chief – Monmouth County SPCA is doing 94.3 The Point’s radio show on Thursday 8:00-9:30AM, in front of the aquarium – will have one of their adoptable dogs with them – they asked that he be allowed on the Boardwalk to be part of the radio show (Mayor Barrella: can put that on the Consent Resolution; Councilman Gordon: don’t want to waive the ordinance, because that opens it up for every dog); asked about progress on storm drain grates (Administrator Riehl: getting prices); looking for confirmation on the issue of parking on front yards – been happening a lot with rental houses – done constantly at certain properties with gravel or pavers (Administrator/CFO Riehl: it’s allowed on a case-by-case basis – have 6 valid permits that are renewed every year – procedure is for homeowner to come and write a letter, explaining the need to park on his front lawn – property would be visited by Code Enforcement and/or herself and a determination made on whether they can have a permit (Mayor Barrella: renting to a group of 15 would not be an acceptable reason) right, if there is no driveway nor off-street parking available, that could be an exception (Councilman Cavagnaro: ordinance says the delineated driveway, regardless of what the surface is – it’s 2-cars-wide, 2-cars-deep, unless there is a garage and that dictates the length of the driveway; Councilman Mayer: went through this with CEO Petrillo last year – site plan should delineate the location of the driveway – and they are supposed to be marking them out, in theory – should push for theory to become practice; Councilman Cortes: even if the whole front yard is stone, there is supposed to be something delineating it) should be addressed – maybe Building Department Committee can discuss.

Mayor Barrella: been in touch with Governor’s office, legislature, DOT – they’re starting the Route 35 project, but not the road project until after Labor Day – was a very busy July 4th – if the sun shines, they will come – nice to see families getting out to the beach – was good to see the parking lot full in the mornings and afternoons.

Administrator/CFO Riehl: sending out estimated tax bills – came up with the levy at the June meeting – had estimated rate certified by the County Tax Board – all will receive a 3rd Quarter only tax bill – will go out late this week or early next with a due date of 25 days with no interest – if paid after the 25th day, interest goes back to August 1st – will be an explanatory letter with the bill – all will receive a 4th Quarter bill, after we receive all the information we need from the county, state and school and have a certified rate – that bill will be just the 4th Quarter payment and the 2 preliminary for 2014 – any adjustments due to hurricane will not be reflected until the final 4th Quarter bill – this is the first time we’ve ever done 3rd Quarter estimated, but it’s to keep the cash flow, so we don’t have to borrow money to keep the town running in the meantime (Mayor Barrella: haven’t gotten a dime yet) on Friday, she appealed to the state and they sent a follow up e-mail on Monday that, as of close of business on Tuesday, would have $1,097,000.00, which we are due now – hasn’t hit the bank account yet – is attending a seminar tomorrow on how to prepare for a disaster – Jason Martucci from DCA will be there (Mayor Barrella: ask Jason where the money is – spoke with Senator Menendez’ office about trying to move this along, because it is taking forever – doesn’t understand what the state is doing – also had the same conversation with state legislators – suggested Administrator/CFO Riehl prepare a letter to Holzapfel, Wolfe and McGuckin, for his signature, saying we haven’t gotten any money yet, and asking them to make a phone call to find out when we will).

Clerk Ellsworth: announced a correction to item 1/c – should be purchase approval, not payment approval.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 8:51 PM

Anthony Venditti, PPB: non-resident taxpayer in the middle of the Bay Point Dunes Association – there is confusion over who owns the dune property in front of his house – dune protected his house from Sandy and has been compromised – has 2 homeowners and Maryland Avenue Beach to the right of him – they have replenished their dunes – because he does not own the dunes, he has no rights to replenishment – those who have replenished their dunes have moved debris, concrete and telephone poles, in front of his house – has sent e-mails and letter to Council asking to replenish the dune himself, but he can’t – property is not being maintained by anyone – people using the public beach are leaving debris on the beach in front of his property – looking for guidance – now that everyone has replenished their dunes, his is the low property – suggested, if the Borough doesn’t want to maintain the property, sell it to him and his neighbor and they will maintain it – if the Borough is going to maintain the property, he would like a game plan of the Borough’s responsibility with the public beach and dune maintenance going forward – has pictures showing that it was clean prior to the debris being put there.
Pat Knight, PPB: after Sandy, noticed a boardwalk under the dunes – asked if it was public access at one time – asked where the private property ends on the beaches and where the public is allowed to walk – public access is blocked on Beacon Lane – on Elizabeth, people from the association are locking the gate – people pay to get on the beach, but can’t get off because the gate is locked – asked where to go to just walk the beach.
David Miles, Trenton Ave, PPB: asked about Little Silver Lake dredging –applications filed, etc. – had another big rain storm on July 3rd – prior to that, has been going over to the drain 3 or 4 times/week – there is always water coming in from Lake Louise, regardless of tide or time of day – Borough Engineer said the lake is tidal – doesn’t understand how it can be considered tidal if water is always coming in and never going out – Lake Louise, even at high tide, is feet from the top of everybody’s bulkhead – but at Lake Little Silver, it’s inches from the bulkheads at all times – believes, originally, those pipes were supposed to work in 2 different ways – when one lake was high, it would drain to the other lake – that’s not happening – has lived on the lake his whole life – when he was a kid, the lake was 3-4” lower, so, it could accept more before it would flood – now, with one good rain, it’s got nowhere else to go.
Mr. Olsen, PPB: have done studies between the lakes – when tide comes into Lake Louise and flows into Lake of the Lillies, it’s about a 3½ to 4-hour lag time – when the tide goes out of Lake Louise, there is about 1 hour of draw-down in Silver Lake – not a perfect balance – Lake of the Lillies is also tied into Lake Little Silver – 3 lakes are tied in together, so it’s a unique relationship – would be happy to get his information to Council.
Anne Lightburn, PPB: asked Council to move forward with repairing/remodeling the Surf Taco bathhouse, so building is not shuttered in 2014 – Council has the Open Space Committee’s recommendation to repair it and keep the functionality of a restaurant, seating for individuals, restroom facilities and lockers – Council has put out an RFP for architectural firms – several have replied – would like a motion to contract with one of these firms, with limited spending, to get some preliminary design concepts, so Council can move forward – would like someone on Council appointed as the point person to deal with the architect and committees – are concerns about aeration in the building, as it’s been enclosed and rained on for months – requested having Mickey Diaz open the back doors during sunny weather to get some circulation and prevent mold – asked for a key – committee is not looking to go back to 1927 – asked Council to give the architectural firm guidelines and see what they come up with – building can be made better – there are FEMA requirements involved with knocking it down and starting from scratch – FEMA will give money to repair it as is – maybe the architect can provide some changes that work within that budget – not looking to spend a lot – invited Councilman Cortes and Cavagnaro to the Open Space Committee Thursday night – aware of Councilman Reid’s thoughts (Attorney Gertner: there are 6 architectural proposals, all meeting different criteria – recommended choosing an architect) there is a generous FEMA matching fund.
Ann D’Agostino, PPB: she and her neighbors dug out some dune grass from Councilman Cortes’ property – planted it at Elizabeth and Carter – appreciates his community-minded offer.
Al Varosi, PPB: should look fiscally at Risden’s south end - got only $15K in rent – went and measured it – if the adjacent street on the south, and access to the garage are incorporated with the parking lot, could double parking in that area, almost doubling revenue – when it comes to elevations, flood insurance premiums could be 5 figures for a building of that size, valued at $250K – if kept where it is, it doesn’t make sense to elevate it – will then need handicap ramps, zig-zagging back and forth to get in – a planner is needed, rather than an architect; with regard to Lake Little Silver, the most obvious thing is to separate those pipes, create the overflow of Lake Little Silver to drain into the old pumping station, pump it either back into Lake Louise, into the ocean, or down to the other pumping station – brought this up after Hurricane Irene – that pump can also be utilized to pump down the area where Boston overflows – County was out the last few days inspecting the pipes around Lake Louise, and the Jet Ride Vac Truck has been cleaning out all the pipes – they said they were in poor condition on Boston Avenue – those are old clay pipes – suggested holding off on road improvements there, in light of people rebuilding and cutting 5-year paving moratoriums – there are shallow clay pipes at the intersection of Parkway and Boston – it’s 500’ from Boston to Ocean, where the old sewer used to run – per DPW, there is some water there – it’s a large facility that can handle a large pump – can be rerouted back into Lake Louise or put back into the ocean – pipes are still there – don’t know the condition, since it was closed in the 1970’s – per DPW, there are no pumps left down there.
Vincent Castin, PPB: congratulated Councilman Cavagnaro on his appointment; agrees with Mayor Barrella and Mr. Varosi about the Risden’s property – building must be taken down to provide more parking and space for vendors and restrooms – lockers aren’t needed – cheaper to do it that way; something must be done now with Little Silver Lake – asked if there is FEMA money available and when we would hear anything – should proceed prior to getting funds – time has come – Mr. Miles knows what he is talking about; asked if the parking plan in Ordinance 2013-29 is the same that previously existed – peripheral ordinances make no sense – should agree to the one Council adopted last time – it’s an area that needs to be serviced, not necessarily the districts, which have been used as protocol; asked if Council received the e-mail from his neighbor on Boston and Trenton – very eloquently written.
Kathleen Griswold, PPB: asked Council to consider including the 300 block of Trenton Avenue in the parking plan – serious safety issue there – people she sees parking on her street are changing – residents should not have to be harassed by people looking for spaces.
Holly Harris, PPB: the parking plan that was in place works – she and her neighbors would like it to continue – doesn’t alleviate the parking problem, but keeps people off the street at 3 AM, looking for cars, using car alarms, cursing – hopes Council will consider putting it back.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 9:46 PM

Clerk Ellsworth: announced addition of items; Councilwoman Tooker: requested that item 2/c be considered separately; Councilman Cortes: asked about inflated line items in item 1/a (Councilman Reid: concern is that the low bidder gets the job, knowing they are going to have a lot of add-ons; Administrator Riehl: an additional 400’ were added) that should have been noted; Mayor Barrella stepped out for a moment.

Motion by Councilman Mayer to approve items listed below was seconded by Councilman Gordon and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Progress payment #4 to Albert Marine for Boardwalk Reconstruction – Trenton Ave ($23,944.36)
b) Change Order #1 to Caruso Excavating for Maryland Ave drainage pipe repair ($3415.00)
c) P O to Police Service Dogs for police service dog ($7,500)
d) Approve ABC Social Affairs permit for Chamber Seafood Festival Wine Garden
e) Approve Antrim School PTO S/E event application for Boardwalk raffle tickets sales
f) Payment to Park N Pool for replacement benches at Inlet ($3608.10)
g) Payment to National Water Main Cleaning for storm sewer cleaning ($1533)
h) Payment of computer-generated vouchers ($123,036.91)
i) Payment to Petroleum Traders for gasoline ($25,163.74)
j) Payments to T&M Assoc from escrow accounts ($6536.50)
k) Payments to the Galvin Law Firm from Planning Bd & BOA accounts ($4757)
l) Approval of Payroll #13 ($278,445.28)
m) Approve PPB Recreation S/E App for Smores Night on 09/07/13
n) Approve PPB Recreation S/E App for Family Fishing Night on 07/20/13
o) Appointment of Recreation Park Program personnel & approval of salary guide
p) Payment to Thomas Robertson for Refurbishment of Welcome Sign ($6,050)
q) Approval of hand checks for April & May ($7247.37)
r) Approve PPB BOE S/E app for Summer Band Jazz Concert 08/27/13
s) Payments to Galvin Law Firm from Board of Adjustment accounts ($1909)
t) Approve Girl Scouts ‘Thin Mint” 5K spring on 11/03/13 – REPLACES Downey Side Walk
u) Approve water-sewer bill adjustment (1 acct)
v) Performance Bond release – 501 New York Avenue
CONSENT RESOLUTION 2:
a) Authorization to apply for NJDCA CDBG Post Sandy Planning Assistance Grant ($30,000)
b) Approval of Payroll #41 ($287,181.84)
c) CONSIDERED SEPARATELY [Payment to PSD Tree for tree & stump removal and tree trimming ($5200)]
d) Denial of refund to prior years’ mercantile license fees for Wills Hole, and adjustment of the bill for 2013
e) Approval of curb cut request for 343 River Ave, as long as it complies with Borough ordinance, 10’-13’ width
f) Appointment of Councilman Cavagnaro to replace former Councilman Corbally on committees
g) Approval of ASPCA request to have a dog on the Boardwalk during radio show broadcast
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

RESOLUTION 3: Curb Cut Request at 207 Seymour Avenue was discussed; Councilman Gordon: sympathizes with the situation, but sets a terrible precedent with aesthetics – could potentially lose lots of parking spots if others decide to do the same (Glen Paesano, PPB: could put in a double driveway simply and less expensively, but looks better with 2 single driveways and walkway in the middle – eliminates the double driveway cutting across the walkway and creating a potential hazard – it is the right way to do it and what the architect proposed – ZO Petrillo thought it was a good application) thinks his motivations are pure – this is his personal opinion about a dual driveway and, in this case, on a non-conforming lot (Mr. Paesano: would have the same look with a double driveway in the middle – difference is that the driveway would continue across the access way to the front door; Councilman Mayer: asked if there is a loss of parking space because of the 2 driveways; Mr. Paesano: yes – but he is taking 4 cars off the street by putting in a 2-car garage and the double driveway; Councilman Mayer: started to explain ZO Petrillo’s recommendations; Councilwoman Tooker: began to speak; Mayor Barrella: advised that Councilwoman Tooker shouldn’t participate in this discussion, as she owns the property next door; Councilwoman Tooker: asked about her rights as a property owner – it affects her property value; Attorney Gertner: can’t participate from the dais – would have to be here; Councilman Reid: ZO Petrillo approved this; Councilman Mayer: ZO Petrillo has no objection to the application, as long as each cut is a maximum of 10’; Mr. Paesano: fine; Councilman Mayer: there is a parking problem in town – one space won’t make a difference – could be a problem if it becomes a trend) would have to approve everyone else (Mr. Paesano: could set a precedent that, for every spot eliminated, an additional 2 is added – he is doubling off-street parking) that’s misguided logic (Councilman Cavagnaro: there is a raised house on Harvard, with garages on left and right and a center stair case – there is a central driveway that allows cars to go left and right – asked if he had considered that; Mr. Paesano: doesn’t have a deep enough driveway; Councilman Cortes: there are 15 feet between the driveways; Chief O’Hara: that’s not enough to park a car – it’s a 20-foot minimum; Mr. Paesano: it’s offset – maybe that’s what she is talking about; Councilman Cortes: parking over the line is judged by tires, not the bumper) argued that there is no parking in front of this property.
Motion by Councilman Reid, to approve the curb cut request for 207 Seymour Avenue, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Mayer ….YEA


Published October02, 2013 | Council Minutes | 1689


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