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July 30, 2013

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:39 PM with Councilmen Reid, Cortes, Cavagnaro, Mayer, Gordon and Tooker present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Councilman Mayer announced that the Budget Hearing, advertised for 6:30 PM, would be carried to 7:30PM.

Motion by Councilman Mayer to enter Closed Session to discuss 2 personnel, 2 contract, possible litigation – dune easements, 2 litigation including public access and attorney/client policy matters, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Closed Session began at 6:41 PM and ended at 7:52 PM.

Mayor Barrella called the regular meeting to order at 7:59 PM. Present were Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon and Tooker.

Motion by Councilman Reid to approve the minutes of the June 18, 2013 Council meeting was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Tooker….YEA
Councilman Cavagnaro….ABSTAIN

Correspondence and Department Head memos were discussed; Attorney Gertner is working with Mr. LaPlante on the BOA Resolution requirement, so item will be held; BA/CFO Riehl recommended not granting water/sewer relief, retroactively, to Mr. Varosi as per Borough policy – house was demolished in late 2010 but still paying the ready-to-use charge – after demolition, must bring proof of demolition to the Water Department and the ready-to-use comes off with the next quarterly billing (Mayor Barrella: so you are recommending we do it prospectively) yes (Councilman Reid: asked about a credit; Mayor Barrella: we have a resolution, passed unanimously, that we don’t refund; Councilman Reid: maybe we don’t refund, but give some kind of a credit; Mr. Varosi: e-mailed the Governing Body today; Councilman Mayer: based on information Mr. Varosi was given, asked that his letter be considered and the matter carried; Mayor Barrella: directed that it be dealt with at the next Council meeting; Councilman Mayer: asked the amount of the ready-to-use charge) around $1K.
Mayor Barrella: addressed the 41 Inlet Drive request for water/sewer relief – post-Sandy, the house was moved off the foundation and a shower pipe broke – asked if water ran through the sewer (Administrator/CFO Riehl: doesn’t know – had correspondence from their attorney – they want everything waived) normally, in the case of a leak, sewer component would be waived – would have to look into it – if he understands, their attorney is saying it was caused by Sandy and, because the owners were away until January, they are not responsible – that’s a tough sell to people who did things to ameliorate problems right afterwards (Councilman Cavagnaro: asked if the owners could have requested the water be turned off at the street, even if they couldn’t come down; Administrator/CFO Riehl: yes; Councilman Mayer: they apparently didn’t know it was running for quite a while; Councilman Cavagnaro: if your house is destroyed, you should at least have the gas and water turned off) will investigate and deal with this next meeting.
Mayor Barrella: spoke with Engineer Savacool – must crunch numbers on Boardwalk reconstruction and carve out a part of the Boardwalk – need to meet with Jenkinson’s – they have committed to help, to a certain dollar figure – now that we are getting back 90%, there is more room in that dollar figure – need a conversation to move forward; he and Engineer Savacool also discussed Boston Avenue reconstruction – per Engineer Savacool, this will not affect amelioration at Little Silver Lake – he believes it’s a valve issue, not a pipe issue – Route 35 drainage must be diverted from Little Silver Lake – they will meet with DEP and DOT to request a new pump station – State acknowledged the problem in 2007 and it’s been exacerbated by Sandy – asked Engineer Savacool the cost (Engineer Savacool: bids on those projects were up to $4.5M) directed that Boston Avenue reconstruction be added to Consent Resolution 3 (Councilman Gordon: asked if Boardwalk reconstruction would include the District 2 building; Engineer Savacool: depends if plans are finalized – if he is demolishing part of the Boardwalk in the fall, and the consensus is to remove the District 2 building, he could demolish it as part of the project, with access from Arnold Avenue to the rest of the Boardwalk – not knowing the plans for District 2, he would likely leave a black box around that area, connect the Boardwalk to Arnold Avenue south, but leave the rest open for the final District 2 plans; Councilman Gordon: must be replaced at some point – an eyesore – the one vision most tourists have of our Municipal buildings – bathrooms are ineffective – must take the initiative to get rid of the building – can put up portable trailers in the interim; Engineer Savacool: figures Council has do not include District 2 demolition, which shouldn’t increase costs dramatically, depending on the demolition level; Councilman Gordon: would be cheaper to do it now, than later; Councilman Cavagnaro: asked for price differences between going through Central versus Arnold Avenue; Engineer Savacool: some logistical convenience – could divide the property better to lessen impact to merchants – no substantial savings either way).
Engineer Savacool reported on Ordinance 2013-30: resident/owner of Sandy-damaged property in LC Zone was before Council, stating that elevating a house to comply with flood criteria would be difficult – currently, LC runs on the south side of Broadway, from 7-Eleven to the canal/Cooks Creek, just lots facing Broadway – permitted uses include retail, restaurants, and 1-story, 20-foot-high single-family houses – a 2-story requires D-Variance from the Board of Adjustment (BOA) – (Mayor Barrella: both 1- and 2-story residential housing is in the Zone, along with vacant lots and commercial properties – asked if Attorney Gertner and Engineer Savacool had discussed allowing 2-stories and 35 feet, where there’s currently residential property and/or vacant land; Attorney Gertner: yes – once criterion is set, conditional use would be approved – no way to reverse-grandfather – either permit single-family residences or not; Mayor Barrella: to allow that zone to develop as residential is consistent with what is there and the original intent – commercial property owner can still put up houses by going to the BOA, where we can control appearance – if we just make it 35 feet and 2-stories, it’ll look like Staten Island; Attorney Gertner: there’s a condition precedent to that discussion – should have a planning study to determine why the LC Zone currently permits single-family residential uses – from this point, can grandfather single-family homes, but the LC Zone is just for commercial uses – that’s a determination for Engineer Savacool) not sure how the LC Zone came into being – Master Plan Re-examination indicated the Planning Board’s desire to allow it to revert to the SF Zone, and eliminate LC altogether – but then, all commercial establishments there would be non-conforming – a natural genesis should be allowed to occur, or not – doesn’t make anyone non-conforming who’s not, and allows all permitted uses and 2-story homes (Councilman Reid: wants it easy for people to lift their houses – it’s a little cloudy in areas) Council passed an ordinance last year that allows lifting an existing house, with certain exigencies on height limits – it does not allow second story to be added and house lifted at the same time (Councilman Cortes: in 2004, the Master Plan Review Committee proposed eliminating the LC Zone, and including it as part of the SF5 Zone – natural development tendencies in the LC Zone have been towards single-family, predominantly on the south side of Broadway – Master Plan is due for review; Mayor Barrella: once we do that, we cause a problem for commercial properties; Councilman Cortes: designate it as conditional use, based on lot and block, per the Committee’s recommendation; Mayor Barrella: asked if they would have to go before the BOA to put a nail in the wall; Attorney Gertner: resolution talks about creating conditional uses) would have to set conditional use criterion (Mayor Barrella: asked if Council is at a point to act on this tonight; Attorney Gertner: no – there’s some cleanup – you’ve not yet engaged in the broader policy decision – there are single-family homes that need this – maybe we can append the ordinance, so there would be a transcript of what just transpired, so the Planning Board can opine – should introduce; Mayor Barrella: asked Engineer Savacool if he agrees – to introduce it is a mechanism to get it to the Planning Board to review in the context of the Master Plan; Councilman Cortes: concerned about the MC, the HC, and taking out the term “single-family” – needs research; Attorney Gertner: it’s already not included) that’s a cleanup, because those ordinances were passed in 2010 (Councilman Cortes: in the MC Zone, minimum is 10,000-sq.-ft. and single-family homes are 5,000-sq.-ft. – asked what they are going to construct or how they are going to sell if they are not allowed to rebuild; Mayor Barrella: they can rebuild with a BOA variance) the second two parts of that proposed ordinance are strictly housekeeping – single-family houses are prohibited in the MC and HC Zones – people whose houses were damaged must seek variances to restore them – only thing this ordinance does is take the line “single-family” out of the zoning chart for MC, where it’s confusing, because people might think single-family is permitted (Councilman Mayer: if there is a single-family home in the HC or MC Zone, it would be pre-existing, non-conforming before and after this ordinance – dealing with it here may suggest we don’t want those variances granted, and that’s not what we want to suggest; Mayor Barrella: just because the town has not given carte blanche for people to do whatever they want, doesn’t mean the BOA shouldn’t consider – same concept would apply here; Councilman Mayer: this is no comment on that either way; Mayor Barrella: it’s a technical correction) wasn’t an attempt to put another nail in the coffin, just to avoid confusion (Attorney Gertner: for those who may look at the ordinance, instead of reading the permitted uses in the zone, their eyes are taken to the schedule, and they may become misinformed that a single-family residential home is permitted; Councilman Cortes: asked if the Zoning Officer follows the schedule; Attorney Gertner: not speaking of the Zoning Officer, but the public – people don’t necessarily know what parts of the ordinance to look at – it’s easier for a layperson to just look at the schedule; Councilman Reid: sounds great – concerned that it costs money to go to the BOA to raise a house; Attorney Gertner: they have to anyway) this ordinance has no effect on that – single-family houses are already prohibited in the HC and MC Zones (Mayor Barrella: need a policy decision, a housekeeping ordinance, as to whether to repeal the prohibition on single-family homes in the MC Zone – the decision may be taken out of our hands – Legislature has apparently passed legislation that would absolve even a non-conforming use in a zone – we have MC and HC Zones that are strictly commercial, with holdover residential units – if they need to be repaired, they need a variance – if someone got a variance in February, the work would have been done months ago, instead of us continually talking about the MC Zone and the one person who complained about the need for a variance – others might not be happy, but are playing by the rules).

2013 MUNICIPAL BUDGET:
Auditor Korecky: budget was introduced June 18th – been advertised, copies are available – state reviewed it and made technical amendments (Mayor Barrella: net effect is that the proposed tax levy dropped about $2,900.00 – total tax levy increase from 2012 to 2013, leaving Open Space out of the equation, is $216K – analysis of 2012/2013 PPB tax rates shows the total rate – County, School and Municipal – going from $1.098 to $1.436 – total tax levy is $34K above last year – of the $27M raised last year, we are $34K over – rate looks like it went from $1.10 to $1.44 – that is not a real comparison because, in 2012, the $27M was divided by property with an assessed value of $2.4B – in 2013, the same $27M was divided by $1.8B of assessed property value, because of the reassessment – apples-to-apples, the overall tax rate is up 1/10 of a penny – everyone’s property has been reassessed – the question is how can property have gone down in value and taxes gone up – the short answer is that property values in PPB were reduced 24% by the assessor, 4% of that is a result of Sandy – if your assessed value went down more than 24%, your taxes decreased – if your assessed value went down less than 24%, your taxes increased – it’s not a budget problem, it’s an assessment issue – asked the assessor to be here today, but he sent a fax that says nothing, instead of showing up, which is a major problem – assessor won’t tell him or BA/CFO Riehl where the assessments came from, so they can’t explain why taxes went up; Councilman Mayer: spoke with assessor fairly regularly during the assessment – reassessment is a big topic – Mayor categorized it succinctly – our last revaluation was in 2007 at the peak of the market – values have been dropping – last year, budget was adversely impacted by 30-40% of the town going through appeals – ratio of assessed value to sale price, pre-Sandy, was about 120% – purpose of the reassessment was to bring assessed values back to 100%, as of October 1, 2012 – Sandy occurred October 29th – reassessment was done around April 15th – very few appeals were filed, and the filing date was June 1st – must monitor this closely, as properties go on and off the rolls – the $1.875B, our new net assessed value, includes $100M of Sandy damages – assessor, with some very good help, worked hard to try to get the values to market value – was approved by the County Tax Board and the County Tax Administrator – there are 3 classes of people in a revaluation – those who go up, those who go down, and those who stay the same – the $34K net tax increase is comprised of a $371K County decrease, $248K School increase, and $156K Municipal increase – the $34K increase is .14% – there are a lot of moving parts in the budget – first year we have dealt with a Community Disaster Loan (CDL); Mayor Barrella: doesn’t disagree – people look at the tax rate and see 39.4 cents on the municipal side, as opposed to 29.2 last year – what looks like a large increase is not related to the tax levy, but the reassessment – been asking for this information for more than 1½ weeks – BA/CFO has been asking for it through the assessor’s office; Attorney Gertner: have had the discussion about the employee – time to move forward.
Mayor Barrella opened the hearing on the 2013 Municipal Budget to the public.
Mr. Conti, PPB: don’t spend enough on tourism; asked for an explanation of the reassessment; (Mayor Barrella explained); confirmed that FEMA will cover 90% of Sandy expenses (Mayor Barrella: budget does not contain what was laid out for Sandy, nor the 90%; Councilman Mayer: minimal Sandy expenses in the budget include interest on last year’s $3M emergency and some assessment costs – most Sandy damage assessment and interest will hit next year) asked if public would have time to review (Councilman Mayer: budget will not be adopted tonight because of the amendment); asked what happened to damaged equipment (Mayor Barrella: insurance claims were filed; BA/ CFO Riehl: received $225K in insurance reimbursements to-date) sees that 7 police cars are illegal (Chief O’Hara: still registered – being stripped and auctioned – got rid of some last year – have more to get rid of); asked if Jenkinson’s contributed $1M towards recovery (Mayor Barrella: they’ve committed to contribute up to $1M – 15-20 years since a repair has been done up there – discussion is needed) asked about other donations (BA/CFO Riehl: they were made to the Community Endowment Fund and distributed privately to individuals).
Michael English, PPB: congratulated Council on the appointment of Councilman Cavagnaro; complained that his assessment decreased $13K, yet his quarterly tax bill increased 51% – if Council knows ratables are decreasing because of challenges to values, doesn’t see how they can present a budget with an increase – even if his assessment is adjusted, his mortgage company does not adjust quarterly, but annually (Mayor Barrella: budget increased 2% – if everyone saw a 24% reduction in property value, his tax bill would have gone up about $5.00 – reassessment has caused the 51% increase – doesn’t know where the decreases went – BA/CFO Riehl needs to speak with the assessor – maybe we need to audit the reassessment) Assessor Carpenter told him exactly what the Mayor and BA/CFO Riehl said – nothing is behind closed doors – did not challenge the reassessment – hope everyone else doesn’t challenge theirs, because that would put the Borough in more dire straits – if the Governing Body saw what was happening with the tax rates, and didn’t question it, someone is not doing his job (Mayor Barrella: his practice is to stay away from the assessor, when it comes to a micro approach – doesn’t want anyone to think he is trying to influence him – assessor’s office is relatively independent while work is being done – cannot extend to hiding after the work is done) understands – hopes that the problem is taken into account in next year’s budget.
Mary Jane Olsen, PPB: her taxes went up 43% – that’s wrong – she has written the governor, her senator and congressman – she won’t let the Borough raise her taxes that much.
Barbara Dixon, PPB: everyone expects taxes to go up, but this is ridiculous – hers went up $470/quarter – she protested her taxes a couple of years ago and got a reduction – now, she is being told her house is worth less – the formula that Councilman Mayer talked about does not make sense – has been talking to people whose taxes went down – glad to hear she is not the only one whose went up (Mayor Barrella: nobody likes to increase the tax levy – in the Finance Committee’s defense, the levy went up 2.17% at the Municipal level – it’s a zero-sum game – the budget is not driving the increase, being driven by how the assessment was done) houses were assessed too high to begin with – last assessment was done when real estate was at the highest point of the market (Mayor Barrella: many people did not appeal them – the idea of the reassessment was to get everyone to their correct value – doesn’t understand the methodology because the assessor hasn’t explained it; Attorney Gertner: increases were exacerbated because, for a number of people, the overall decrease was less than 24) you can’t increase 40-50% (Mayor Barrella: Councilman Mayer is not wrong – he didn’t raise you 40% – tax levy is 2%; Councilman Mayer: said not to suggest the reassessment was done improperly – advised Ms. Dixon speak to Assessor Carpenter or Tax Clerk Coyne – Mr. Carpenter works for PPB and the NJ Division of Taxation – was charged with assessing fair market value as of October 1st – no one is trying to do anything other than his statutory duties – sorry her taxes went up so high) governor wants people to stay, but they can’t.
Bob Dixon, PPB: his friend had damage to his house and was taxed about $2,400 less – he also got $175K from insurance to fix his house, but has not because he is waiting on permits – asked why others must pay to make up for his house being worth less – he had the funds to fix it (Mayor Barrella: cited land where there was once a restaurant, and asked if the owner should be told to rebuild or be assessed as if there was still a restaurant) that property is completely gone [Councilman Mayer: could go from bad to worse – field inspectors have been factored into the budget to review reconstruction status and add in assessments – there are damaged houses in which mold is still building - $500K houses could be valued at $300K next year – that should make the overall picture smaller for everyone else – but between now and then, you’re still going to pay) (all spoke over each other) should maybe research people to see what they got (Councilman Mayer: it’s not a means test) town is overwhelmed with building – may be beneficial to hire an additional building inspector or permit guy – then, tax relief for the people paying for those who aren’t could be done faster (Mayer Barrella: we have added people); doesn’t agree that the police substation is an eyesore – bathroom situation is bad – instead of spending to knock the building down, suggested adding bathrooms or building a bathroom in the lot off Arnold or Central.
Michael Cipolletti, PPB: asked if tax change reflects $9.4M Sandy expenses (Mayor Barrella: yes – and doesn’t effect the 90% reimbursement – DCA instructed us to look at what the budget would have been, had Sandy not occurred, and come up with a levy – $7,219,000.00 – then, take into account Sandy’s effects on things like revenue projections – original $1.5M parking revenue projection was reduced to $1M – didn’t cause taxes to go up, because it was replaced by the CDL – Federal Government will lend us that money, and we are allowed to plug it in as revenue – effectively, the amount to be raised by taxes is almost identical to what it was last year, combined – Municipal is up 2%) if we receive 90% of $9.4M, we will still be responsible for an additional $940K that will be levied (Mayor Barrella: that amount is being paid out over notes; Councilman Mayer: it’s not 90% of $9.4M; BA/CFO Riehl: a lot less – though they are saying 90%, FEMA is deeming lots of things ineligible; Councilman Mayer: delta between our costs and what we get from FEMA might take at least until the end of next year to get back) at this moment, you’re not certain (Mayor Barrella: we have 5 years) came here with anxiety – the letter that came with the tax bill was unclear – obtained an unsigned, undated statement at Borough Hall, which provided no further clarity).
Glenn Paesano, PPB: confused about how assessment percentage was calculated – no one came to his house (Councilman Mayer: got dispensation from interior inspections, or it never would have gotten done – traveled the whole neighborhood – there are different categories within the town – Assessor Carpenter is familiar with the town and had assistance from a senior assessor within the County/State, named Fred Millman) properties in the same neighborhood should have gone down the same percentage overall, in theory (Councilman Mayer: assessors try to keep land value level across property and they adjust to improvement levels – it’s complicated; Councilman Cavagnaro: Ocean to Baltimore Avenue is one tier, Baltimore Avenue to the tracks is another tier, train tracks back is a third tier) so, from Baltimore, east, percentages should be similar from one property to the next.
Marilyn Burke, PPB: welcomed Councilman Cavagnaro; asked who put out the tax assessment flyer (BA/CFO Riehl: assessor) it is stupid – read a sentence indicating some taxpayers will pay more than their fair share and some will pay less – will talk to the assessor; asked how much we are paying this year, in principal and interest, towards outstanding bonds (BA/CFO Riehl: $1.8M) shouldn’t float bonds as freely as we do – get stuck paying 8% of our budget towards them – must stop spending and start cutting our budget (Councilman Mayer: 2% is on the amount to be raised by taxation, not the whole budget).
Patrick English, PPB: his taxes went down – but his house value was reduced 37%, making it difficult to sell at the price he wants – in 2007, reassessment started at 109% and we were selling at 91% of assessed value; doesn’t want the parking plan in his district.
Tom Highton, PPB: letter was shocking – disappointed that Mayor and Council didn’t tell the assessor to really try to explain this – would like him to do a PowerPoint presentation, or something, to explain the system – appears his taxes are going up 9% – everyone is confused – his property value is going down about 25% – concerned about delinquent taxations next year – could be a major problem because of how many houses are empty – appears there are more rentals – people are renting their properties to bring in revenue – that is scary for property valuations – concerned about declining prices of houses for sale; there is $1.3M in compensated liability in the budget for workers who retire and get unused sick days – must try to bring that down; asked if Boardwalk taxes have decreased – been trying to find out what Martells pays in taxes, since they are so busy suing the Borough - costing us money, and we built the Boardwalk to make it comfortable for them to bring in tourists (Clerk Ellsworth: that information is on our web site) hopes Council looked at this; happy with the Mayor and Finance Committee, and that taxes have been held to a minimum – must take a serious look at next year – someone will have to come up with $1M (Mayor Barrella: it’s spread out over 5 years – will have an opportunity to extend some an additional 5 years; Councilman Mayer: it’s longer on capital and shorter on operating – next budget year will be tough).
Paula Watzich, PPB: asked for a tax decrease last year – now paying $600 more than before the decrease – tourists who are abusing our town must pay for parking – that would make up the shortfall in the budget – she pays insurance, taxes and mortgage on her vacant house – doesn’t clean up garbage in front of her house anymore because she is disgusted – town must do it with the street sweepers – Mr. Boardwalk is making money and we are losing (Mayor Barrella: tried twice – in 2009, cell phone parking was proposed – would have raised $1M/year easily – everyone said it was too complicated – Wildwood is now doing it – maybe the time has come – but it must come from someone else, with 4 votes on Council, because he won’t be breaking ties) people who support PPB businesses are not here – restaurants are hurting.
Motion by Councilman Gordon to close the public hearing on the 2013 Municipal Budget was seconded by Councilman Mayer and carried by roll call vote. Public hearing on amendment and vote on amended Budget will be held on August 20, 2013.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

COMMITTEE REPORTS:

Councilman Reid: No report.

Councilman Cortes: met with the Recreation Committee – more than 100 people attended Family Fishing Night with lots of fish caught – 10 days left in the park program – basketball will be getting underway – Boardwalk walking contest is on; visited the engraving company for the Buy-A-Board program – brought in what Lavallette uses and Trex – showed pictures – he and Clerk Ellsworth will work on this – 10-12 people are signed up – Lavallette is doing well – spoke with their mayor and his wife, who runs it – will adapt what they did, using the Community Endowment Fund – will get a web site, link from our site and Facebook page, and go with it – Trex is cheaper to engrave and preferable to work with – can replace boards all over the Boardwalk – Lavallette charges $250/board – it’s $60 for wood, $50 for Trex – once a bunch of orders come in, DPW picks them up – Lavallette has zones – we can do a similar thing – can be ongoing because of the length of our Boardwalk.

Councilman Cavagnaro: PPB workers don’t get thanked often enough or at all – thanked DPW – July was hot – they did great job with garbage, lawn mowing, etc.; this Friday, Jet Ride will bike 1,500 miles to raise money for Duchenne Muscular Dystrophy, parading down Arnold Avenue; Chamber’s general meeting is at Valentine House August 21st; met with Building and Grounds Committee on the 24th, with Engineer Savacool, DPW Superintendent Trout, BA/ CFO Riehl, Councilmembers Mayer, Reid, and Tooker (via phone) – talked about flooding, mostly at Little Silver Lake – Engineer is looking to have County replace Randall and Baltimore flapper valves – our valve going into Lake Louise may need maintenance; Open Space Committee is interested in rehabilitating the Surf Taco building and extending the Boardwalk there – there is a $225K FEMA grant – hasn’t been a money-making operation for PPB – wants to know it will be cost-productive before sinking money into it – appreciates that the building is iconic to some, but parking spaces there would each generate about $1K without maintenance – asked the Committee to look for vendors, for which the building could be customized; have very few dune waivers – there is a question as to when the Maryland Avenue dune will be cut back – property lines must be reviewed quickly; DPW roof is leaking badly – hopefully, it will be included in a bond ordinance in fall or spring – men are getting wet, as is expensive machinery; Engineer looked at water issues at the Municipal building – downspouts appear to be the problem; have settled with AshBritt, who will release a portion of Silver Lake lot repaving cost, for damage done; 2006 plan to replace the District 2 building was never acted on – spoke to Finance Committee, Chief O’Hara, BA/CFO Riehl and the company that drafted the plans – trying for something more modest for review next meeting; Inlet bathrooms don’t look great from the outside, but are nice inside; thanked BA/CFO Riehl for dealing with internet problems at Borough Hall; working on Best Practice Survey – the more we answer ‘no,’ the less money we get – working on getting more ‘yes’ answers; line striping is done; at Newark Avenue park, equipment is in nice shape and grass is cut.
Councilman Cortes: ran into Mr. Curcio and mentioned the Randall Avenue flapper valve – he will have the County look at it this week.

Councilman Mayer: Finance Committee met on the 24th and 29th – asked BA/ CFO Riehl for an update on FEMA money (deemed eligible for 5 projects, to a tune of $6M – received $1,097,000 for the Boardwalk component, $1,334,000 for debris removal, and $192K for emergency protective measures – must wait for them to obligate funds, then provide contracts, invoices, paperwork and cancelled checks for state review and recommendation prior to disbursement – lot of work and persistence involved – they’ve obligated 5 of our 18 project worksheets at this point – can’t request reimbursements until they are in the system and obligated; Mayor Barrella: that’s at the Federal level – may need to call again; Councilman Cavagnaro: phenomenal amount of paperwork to get funds and a new round of paperwork when the government moves from 75% to 90% – after paperwork is filed, there are nagging phone calls – thanked BA/CFO Riehl for phenomenal job) asked if Berger Group is still active (BA/CFO Riehl: touch base now and then and meet every couple of weeks, because we have our worksheets done) asked if it was a good decision (BA/ CFO Riehl: great decision) had a $9.75M note sale today – asked what was the refunding and what was the new money piece (BA/ CFO Riehl: refunding was $4.1M) so, $4.1M notes due, a pay down in the budget, and we borrowed an additional $5.65M – sale was successful – interest level was disappointing; BA/CFO Riehl is working up monthly revenues – she has them through June – up, overall, in miscellaneous revenues, taxes and water/sewer – down significantly in court and parking meter receipts, year-to-date – up significantly in construction code fees – hotel/motel tax is up, as January-March were higher, possibly due to Sandy tenants (Mayor Barrella: court revenue is a reflection of bars being closed in winter – fewer people misbehaving; parking revenue is down due to bad weather and perception that we weren’t open – had $2M in parking revenue last year – $1.7M this year would be a statement that people recognize we have gotten PPB back together) seem to be going the right way; audit was due June 30th, dated June 29th – just got it in July – encouraged all to read it; asked when Best Practices report is due (BA/ CFO Riehl: typically, September; Mayor Barrella: couple of simple things should be addressed) must get going on the purchase order and payment policy; asked that authorization for Phoenix Advisors to prepare the15c2-12 SEC Annual Report be added to the agenda – a school board was recently sued because their report was not up-to-date – ours is due in August.

Councilman Gordon: Beautification Committee met last week – dedicated group – all should thank them – new “Welcome to Point Pleasant Beach” sign looks fabulous – weeds are growing on the Arnold Avenue sidewalk – not an indictment against DPW, who are stretched thin – asked Councilman Reid to have DPW look at it – asked Councilman Cavagnaro to have the Chamber petition storefront owners to care for areas in front of their shops (Councilwoman Tooker: she and Cathy Sogorka, of the Environmental Commission, went to every shop, asking them to take care of the sections in front of their stores – all but one said they would) relatively small thing, but sometimes it is people’s first impression of PPB – if nothing gets done, he’ll do it himself; gave police report for July 9-30 – 42 arrests for offenses including possession of controlled substances, possession of marijuana under 50g, disorderly conduct, obstructing, criminal mischief, trespassing and DWI – additionally, 10 subjects were arrested for outstanding criminal and traffic warrants from other jurisdictions – police also responded to 55 motor vehicle accidents and 105 First Aid calls – there were 25 theft complaints, 8 criminal mischief complaints and 3 burglaries – during July 15-22, there were 8 ordinance violations on weekdays and 69 on the weekend – biggest offenses were misbehaving, urinating in public and 7 public nudities – 11 criminal offenses on weekdays, 15 on the weekend – 29 ordinance violations and 41 criminal arrests during this time in 2012.

Councilwoman Tooker: thanked BA/CFO Riehl and ZO Petrillo for contacting Elizabeth and Carter Avenue Association – they had walled off the beach at the street end – that’s been eradicated and you can get onto the beach there now – Bay Point Association took down their fencing and rebuilt (inaudible) – lots going on with Maryland Avenue Beach; thanked Attorney Gertner and the Environmental Commission, especially Tom Davis and Pete Ritchings for continuing with dune issue and helping get Dr. Farrell on board – he is the foremost dune expert in the State and a busy man – will help get our ordinance in order and enforced, and figure out what we are doing going forward – hopefully, Army Corps project will happen – need help with the easements, etc; thanked DPW Superintendent Trout for helping replace storm-damaged garbage and recycling cans – should have some soon; were awarded a grant of 75 trees to replace those destroyed in the storm – assumes Shade Tree Commission will reach out to see if anyone is interested; thanked Animal Welfare Committee for trapping and adopting kittens – saves tax dollars.

Councilman Gordon: commended Brian Katz, owner of 10th Avenue Burrito on Bay Avenue, for taking the initiative to landscape the area around his building.

Councilman Mayer: complimented Councilman Cavagnaro on the gorgeous “Welcome” sign – asked BA/CFO Riehl to get ZO Petrillo focused on the entrance to town – it’s overgrown at McLean – DPW was apparently around the last couple of days – grass came down.

Mayor Barrella: thanked former Councilman Corbally for getting the AshBritt issue resolved – they originally offered $5K and it ended up at $70K for the damage – only reason they paid is because we withheld $1.2M, at Mr. Corbally’s insistence; there is a dune meeting August 14th at Antrim School, with representatives from DEP and Coastal Engineering – all are welcome – need easements in place – Supreme Court decision in the Harvey Cedars case was that protection to the house behind the dune can offset the cost of the taking, prompting Brick and Toms River to talk about taking property via eminent domain from those not signing easements – would rather get them voluntarily, but will not wait for that to happen – would have been in favor of moving this along quicker, but was asked by the Deputy DEP Commissioner for one more opportunity to meet with oceanfront property owners – can’t wait for the next storm – money is there – will ruffle some feathers – Governor will have to stop talking about it and do it – hopes he will support PPB and other municipalities – will be in for a battle and it will cost money that we might not be able to handle – will put pressure on the State to do that – doesn’t see this process playing past mid-September – it’s a Council decision but, at some point, we will either have them or we will do what we need to do.

Administrator/CFO Riehl: No report.

Clerk Ellsworth added items from closed session and made correction to item 2/i which should say “Elks,” not “VFW;” Councilman Cortes asked that item 1/a be considered separately.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 10:22PM

Jill Bielawski, PPB: unable to attend July 18th meeting – concerned about White Sands’ Hotel/Motel Exception License request – family has been there since 1947 – 6 single-family residences with many children in close proximity – worried about noise, parking and alcohol – asked how adjacent properties can be notified of other meetings in connection with this – hopes Governing Body will consider private residences and come up with workable solutions to this issue – had problems with the White Sands in the past – been kept awake – noise, parking and crowd issues – boundaries are exceeded when alcohol is in the mix.
Brian O’Grady, PPB: concurs with Ms. Bielawski – against additional liquor license – current use is irrelevant, because a future owner could create problems - won’t be here on August 14th; 1991 storm that wiped out Bradshaw’s beach did not damage properties behind it because of the large dune that he and others built – since 1991, they have rebuilt that dune – Sandy did substantially less damage to 1209, 1208 and 1206 Ocean Avenue, where the dune was pronounced – homes immediately north and south were substantially more damaged because they had no dunes – Bradshaw’s Beach did not build one – Surf Club has not maintained one – substantial dune in front of the entire strand was taken down – should be looked into because it is against the law to destroy a dune – Surf Club, Bradshaw’s Beach and other owners should be forced to maintain dunes, if not for their own properties, then for neighbors.
Chris Kazior, PPB: has lived here for years – has a wife, 3 children and 3 grandchildren – on Friday and Saturday nights, especially in summer, noise is terrific coming from the White Sands 10PM-2:30AM – difficult to sleep – cursing, screaming, car doors slamming – most of the noise is due to alcohol – very against extending liquor licenses and making more available.
NJ Hope and Healing representative: they provide emotional help and information to those affected by the storm – wants to establish a walk and talk to help neighbors get out and enjoy the town – they are established in Brick, Point Pleasant, Bay Head and Seaside Park – asked for permission to walk on the Boardwalk or Ocean Avenue, Thursdays at 7:30AM.
Chuck Venedam, PPB: concerned about losing on-street parking on Ocean Avenue, due to proposed curb cut for a home being raised – was approved at BOA – will be coming to Council for approval – not the first time he has been before Council trying to stop elimination of parking spots – everyone bought these houses, knowing there was no parking – since Sandy, people are taking advantage – others will put in applications – could lose 6-7 spots on Ocean Avenue – asked Council to consider those with no parking, when applications come before them.
Virginia Cronin, PPB: complained about properties behind her – had to call police twice last week – hears carrying on at 2:15AM, with her windows closed and air conditioning on – property owner told his lessees to stay inside, lock the doors and pull the blinds if police come – was discussed last year – quality of life is being disturbed; last weekend, streets were flooded due to drenching rain – area between the lakes must be addressed; in favor of dunes – living here since 1976 – have had tremendous storms, but never the damage she had this time; wants to know the town is making a concerted effort to employ issues at the lakes, complemented with working on dunes, in order to change flood elevations and lower flood insurance rates.
Albert Varosi, PPB: Boston Avenue, drainage, paving and the Boardwalk are related – came before Council in December, asking for an alternate dune design, such as revetment, given that FEMA would help pay – now, we are going to redo the middle section of the Boardwalk – the lowest area, that drains toward Boston, an area which flooded during Hurricane Irene – should try some sort of revetment in other areas – unlikely that people will sign off on dune easements as dune planned for the coast is 20-foot-high – can at least have some protection from minor storms; asked the possible location of the proposed pump station to drain water coming towards Lake Little Silver – proposed using the old sewage treatment plant under Central Avenue as a station to pump back to Lake Louise or Ocean Avenue – could also be used to drain Boston Avenue – should include Boston on the list of streets to be paved, because the pump might incorporate parts of it – maybe a structure can be incorporated into the design to facilitate transmittal to the old sewage treatment plant – need an RFP to study that problem – asked the condition of the WPA project by Martell’s – could pump back to Lake Louise – should look at an alternate design when Parkway to Arnold is started – this is the only piece of property PPB controls, from the Ocean to most of the property in town – could’ve had protection like the 130-year-old revetment that saved Bay Head, with a dune in front of it, for not much more money.
Marilyn Burke, PPB: asked why there are no full-time police women in PPB; asked Councilman Gordon how much was spent in June and July on overtime, this year compared to last, and how much went to the regular rank and file as opposed to special officers.
Rich Beckenhauer, PPB: kudos to the Building Department – Elaine Petrillo, Mike Gardner and Diane Scavone – appreciates their work and professionalism – Council should convey this regularly – they do their homework, which sometimes holds up the process, but you can’t argue with that; lives at the corner of Trenton and Forman – Trenton turns one-way about 6 months of the year, which is an inconvenience, but safer – has requested, but received no homework as to why the parking plan is being imposed on them – concerned that Council is imposing ordinances willy-nilly – neither he nor his neighbors have ever had a complaint – they accept that they will have problems, living in that area – also doesn’t understand why it doesn’t go all the way down Forman – would like justification – setting a dangerous precedent if there is no homework to justify the decision; loves living in PPB and appreciates Council’s work.
John O’Grady, PPB: regarding the White Sands, if another liquor license comes into a residential neighborhood, conduct will follow – have enough problems.
Vince Castin, PPB: asked if some locations are more prevalent to criminal incidences than others; asked if Trenton Avenue paving is a priority; asked about items 2/b and 4; asked about information from the assessor which was left in the Council chambers.
Barbara Dixon, PPB: beachfront residents and businesses contribute to this town – never hear anything good from Council about them – a lot don’t get the benefit of the schools – there is an attitude that they are a problem, but their property taxes benefit the town – their patrons spend money here – they pay for the maintenance of their beaches – couldn’t have the school system without their tax money – most houses look very nice – and day-trippers have a right to come to the beach and park their cars.
Mr. Conti, PPB: comes from the Italian Riviera – there is no money without tourism.

Motion by Councilman Reid to close public participation was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmembers Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 11:09 PM

Councilman Mayer: asked for an explanation of items 1/f, 1/s and 1/v. Motion by Councilman Cavagnaro to approve items listed below was seconded by Councilman Gordon and carried by roll call vote.
CONSENT RESOLUTION 1:
a) HELD FOR SEPARATE CONSIDERATION (Adoption of a Complete Streets Policy for
the Borough of Pt. Pleasant Beach)
b) Renewal of Farrell’s ABC license for 2013
c) Approval of VFW request to display boat on Borough property 8/14-8/18
d) Payment to Brick MUA for June bulk water usage ($82,617.17)
e) Payment to American Pipe Cleaning for post – Sandy sand removal ($9600)
f) Payment of insurance deductible to All Risk Property Damage Experts ($2500)
g) Approval of NJ Environmental Federation request for annual canvassing July-September
h) Approval of ABC Social Affairs Permit for VFW on 8/17/13
i) P O to Motorola for post-Sandy replacement of police radio equipment ($6140.60)
j) Payment to Dell Computer for 2 computers in the Finance Office ($2793.34)
k) Payment to Ocean County for 3rd Quarter tax levy ($1,838,523.04)
l) Scheduled payment to PPB Bd of Ed ($916,131.00)
m) Payment to Duke’s Sales & Service for Water/Sewer chemicals ($3000)
n) Payment to State of NJ for July employee and retiree health and Rx benefits ($108,737.39)
o) Payment to Trinity Solar for generator at PPB Fire Co #2 ($10,000)
p) Payment to SPS VAR for police computer maintenance ($3700)
q) Payment to Interact Public Safety Systems for equipment maintenance renewal ($5,713.20)
r) Payment to Lombardi Enterprises for parking lot striping ($9,330.70)
s) Payment to Sensus Metering Systems for 28 water meters ($28,507)
t) Payments to Denise Sweet & Assoc. from Planning Bd and BOA escrow accounts ($1000)
u) Revised Payroll #12 ($293,744.55) and Payroll #15 ($309,744.87)
v) Authorization for Borough Clerk to sign copier contract (savings of $25/month)
w) Amend Recreation Committee S/E application to add 9/15 rain date for Family Fishing Night
x) Amend Recreation Committee S/E application to add 9/8 rain date for S’mores Night
y) Authorize Richard Stockton Coastal Research to perform dune project work, with 9/30/13
delivery date
z) Payment to Airpower Int’l for replacement of Sandy damaged air compressor ($32,723)
CONSENT REOLUTION 2:
a) Support proposed Hurricane Sandy Tax Relief Act of 2013
b) Performance Bond Release – Jenkinson’s Rollercoaster
c) Payment to Taylor Flooring for carpeting police dept. and administrator’s office ($10,392.12)
d) Payment to Fast Lane Emergency Vehicles for police vehicle equipment ($6,833.75)
e) Progress payment to Earle Asphalt Co. for improvements to Woodland Road ($20,291.85)
f) Payment to OC Road Dept. for 2nd Quarter Schedule “C” costs ($5,215.50)
g) Payment to Pedroni Fuel Co. for diesel fuel ($8,814.36)
h) HELD FOR SEPARATE CONSIDERATION [Payment to Ashbritt, Inc. for Hurricane Sandy debris removal ($1,135,488.45)]
i) Amend ELKS S/A application to add 9/22, 9/28 and 9/29 rain dates for 9/21 event
j) Payment to Galvin Law Firm for services rendered to the Planning Board ($569)
k) Payment to Galvin Law Firm from 12 BOA escrow accounts ($2,415)
l) Approval of Revised Payroll #13 ($278,445.29)
m) Award of contract to Allstate Power Vac for sewer main lining ($69,642)
n) Payments to Denise Sweet & Assoc. from (2) BOA escrow accounts ($200)
o) P O to JS Welding for ramp rails at the south side of Trenton Avenue ($3,675)
p) Payment to Devo & Assoc. for June and July parking meter airtime ($4,206)
q) Payment to State of NJ for August employee and retiree health and Rx benefits ($28,706.69)
r) Approval of insurance opt-out payments for (6) Borough employees ($11,549.56)
s) Award of contract to Kevin L. Scibilia Forestry Consulting to prepare and submit Community Forestry Management Plan ($3,000) and perform hazard-tree inventory ($1,480)
t) Approval of computer-generated vouchers ($4,202,124.50)
CONSENT RESOLUTION 3:
a) Approve date change for PPB HS Summer Jazz Band Concert
b) Approve additional date for Army Reserve Jazz Band Concert
c) Appoint Kim Pellerito as Recreation summer program tennis instructor
d) Payment to Buses & Trucks for repair to sanitation vehicle (insurance reimbursed)
e) Authorize intermittent family leave for the Borough Clerk (CLOSED SESSION ITEM)
f) Authorize advertisement and interview for full-time clerk in the Borough Clerk’s office to replace the part-time clerk (CLOSED SESSION ITEM)
g) Approval of Special Event Application for the Recreation Committee to use the park until 8/9/13, from 8:30AM to 12:30PM, exclusively (CLOSED SESSION ITEM)
h) Authorize Borough Engineer to proceed with Boston Avenue reconstruction project
i) Authorize Phoenix Advisors to prepare the Borough’s Continuing Disclosure
Statement
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer [items 1, 2/a-s, 2/t (excluding the
AshBritt item) and 3], Gordon, Tooker….YEA
Councilman Mayer (item 2/t – AshBritt item only)….ABSTAIN

Motion by Councilman Cavagnaro, to approve RESOLUTION 4 - Payment to AshBritt, Inc. for Hurricane Sandy debris removal ($1,135,488.45), was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker….YEA
Councilman Mayer….ABSTAIN

Councilmen Cortes and Mayer asked specifics about the Complete Streets Policy (Councilman Cavagnaro: explained, generally, how the program works).
Motion by Councilman Gordon, to approve RESOLUTION 5 - Adoption of a Complete Streets Policy for the Borough of Pt. Pleasant Beach, conditioned on Borough Attorney review, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

AMENDMENT TO 2013 MUNICIPAL BUDGET

Mayor Barrella: has concerns (Councilman Cavagnaro: assessor salaries and wages is changing from $47,500.00 to $52,500.00)
Motion by Councilman Cavagnaro that this $5K be moved to contingency.
Mayor Barrella: Sheet 17, 8b (BA/CFO Riehl: just an appropriation – salaries require resolution of full Governing Body – asked if Council would have her charge contingency if this stipend occurs) that money might be better spent on hiring someone to audit the reassessment (Councilman Gordon: asked to go over this one more time; Councilman Cavagnaro: asked if it forces Council to do anything; BA/CFO Riehl: it does not – it’s an appropriation – can adopt the budget and encumber $5K to set aside for whatever you choose – if changed, all the subtotals must be changed)
Councilman Cavagnaro: withdrew motion).
Motion by Councilman Mayer to approve amendment to the 2013 Municipal Budget was seconded by Councilman Reid and carried by roll call vote. Public hearing will be held on August 20, 2013.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-29 (Parking Plan – Sections of D3) was considered on second reading.
Mayor Barrella opened the public hearing.
Kathleen Griswold, PPB: submitted a petition – the events she spoke about at Trenton Avenue and St. Louis are being mirrored on Laurel Court – reached out to Councilman Reid and suggested Councilmembers go into this area, where people are still dealing with the effects of the hurricane – people are changing on the street in front of their houses, having sex on their properties – someone defecated on her sidewalk this weekend and her daughter had to clean it up – shouldn’t have to deal with this – police are doing their best, but can’t be everywhere – this is a safety issue – this protection is needed in that district, especially at night.
Mitch Winter, PPB: favors the plan – with it, there were no bottles, no screaming at night, etc. – when it ended, things ramped up again – District 3 didn’t vote for it – is happy for those in the south part of the district who don’t have problems – when he moved to Forman Avenue, it never occurred to him that people would park .6 mile from a bar to park for free and create a problem at 2AM – an enormous problem for some, and this provides some relief.
Vincent Castin, PPB: was ambivalent about the plan early on, but when it went away, it became bad by his house – his fence was damaged, bottles were broken on his sidewalk – recently called police about 2 people sleeping in a car – favors the plan.
Rick Cioppa, PPB: thanked Council for hard work – been on Forman Avenue for 14 years – awakened maybe twice in that time and his bedroom is closest to the street – doesn’t see the problem – more of an inconvenience – asked if officers can be equipped with hand-held computers, so they can run plates and see where people live, rather than having residents and their guests use placards.
Ben Dispoto, PPB: favors the plan in District 4 – hopes it extends into District 3 – an ancillary effect is that it keeps the town cleaner – debris from parking is out of control.
Motion by Councilman Gordon to close the public hearing was seconded by Councilwoman
Tooker and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Councilwoman Tooker: a lifelong resident of District 4, now District 1, has seen how beautifully this works – has always been a proponent of a parking plan – in 1997, she and the Mayor ran on a much more comprehensive one – as an elected official, her approach is to listen to people and weigh how many want it against how many don’t – overwhelming number of people want it versus those who don’t – glad to hear from people in District 3, as she didn’t realize they were experiencing the same problems as those in District 4.
Motion by Councilman Gordon to adopt Ordinance 2013-29 was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Councilmen Cavagnaro, Gordon, Tooker, Mayor Barrella**….YEA
Councilmembers Reid*, Cortes, Mayer….NAY
*Councilman Reid: difficult decision – listens to the people – went out and talked to them and invited comments – found more people to be against the plan than for it.
**Mayor Barrella: misinformation was circulated about what was done in District 3 – effectively, it is Laurel Court, Trenton and Forman – it’s an inconvenience, requiring a placard in the window – if you forget, you get a ticket – feels bad when that happens – not the purpose – Ms. Griswold’s brother, former Councilman Lurie voted against the plan – significant that she wants it back in place – appreciates the comments, but there are area residents who feel this works.

Mayor Barrella left the room at 11:42 PM and returned at 11:44 PM. Council President Tooker took charge during his absence.

Ordinance 2013-30 (LC Zoning Amendment) was introduced on first reading. Motion by Councilman Cavagnaro to approve Ordinance 2013-30 on first reading was seconded by Councilman Mayer and carried by roll call vote. Public hearing will be held on August 20, 2013.
VOTE: Council Members: Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-31 (Amend Ordinance 2013-23/Teamster Salary) was introduced on first reading. Motion by Councilman Gordon to approve Ordinance 2013-31 was seconded by Councilman Cortes and carried by roll call vote. Public hearing will be held on August 20, 2013.
VOTE: Council Members: Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-32 (Execution of Town’s Easement) was introduced on first reading (CLOSED SESSION ITEM).
Motion by Councilman Gordon to approve Ordinance 2013-32 was seconded by Councilman Mayer and carried by roll call vote. Public hearing will be held on August 20, 2013.
VOTE: Council Members: Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

PUBLIC PARTICIPATION BEGAN AND ENDED AT 11:45 PM, WITH NO MEMBER OF THE PUBLIC WISHING TO BE HEARD.

Meeting was adjourned at 11:45 PM by consent of Council.


Transcribed by: Eileen Farrell, Deputy Clerk

Attest: Maryann Ellsworth, Municipal Clerk


Published October24, 2013 | Council Minutes | 1704


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