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August 20, 2013

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:37 PM with Councilmen Reid, Cortes, Cavagnaro, Mayer and Gordon present. Mayor Barrella announced that Councilwoman Tooker would be a few minutes late and would be joining the Governing Body in Closed Session. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Clerk Ellsworth announced that the original agenda had been revised and that the revised version was available for the public. Administrator Riehl changed item 1/s, to authorize $109,322.95 for labor costs only.

Motion by Councilman Cavagnaro to enter Closed Session to discuss 1 contract negotiation, approval of closed session minutes, 2 personnel, 1 attorney client, and 1 potential litigation matters, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon….YEA

Closed Session began at 6:41 PM and ended at 7:50 PM.

Mayor Barrella called the regular meeting to order at 7:55 PM. Present were Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon and Tooker.

Councilman Mayer: asked that the June 25, 2013 Council meeting minutes be revised to reflect his comments about his recusal on one of the ordinances, at the suggestion of Mayor Barrella – believes his comment was that he was deferring to the Mayor’s suggestion, and that he would consider his suggestion that he had a conflict (Clerk Ellsworth: a portion of the CD, when Councilman Mayer was speaking, was inaudible; Mayor Barrella: substance is not unclear – thinks Councilman Mayer recused himself, but doesn’t know it was done on his advice – thinks he made a decision, for that day, that he should recuse himself – the substance of what he is trying to get across is somewhat accurate and maybe could be reflected in tonight’s minutes; Clerk Ellsworth: can include a comment that he deferred to Mayor’s suggestion) will vote ‘no’ - they don’t accurately reflect what transpired (Councilman Gordon: she offered to make the change, so the minutes can be approved accordingly) do you want to hold them until we can get through the changes? (Councilman Gordon: sure) Okay, hold it until next meeting (Attorney Gertner: hold it until next meeting; Clerk Ellsworth: ok; Mayor Barrella: go back and listen – let’s get it right – we know it’s not verbatim; Mayor Barrella: gets antsy when talking about the Mayor’s advice – he made suggestions) recused himself on Mayor’s suggestion (Mayor Barrella: suggestion is a better word) he agreed to consider the Mayor’s suggestion, and he did (Mayor Barrella: will hold the minutes).

Mayor Barrella: Fire Chief Finn submitted his resignation – A.J. Fox is next in line – appreciates all that Mr. Fox did during Sandy – town will be well-served by his appointment.
Clerk Ellsworth administered the Oath of Office to Acting Fire Chief A.J. Fox.

Mayor Barrella: White Sands requested that their application for a consumption license under Hotel/Motel Exception be held.

Attorney Gertner: spoke on the Board of Adjustment (BOA) requirement for Mr. LaPlante, who, for the record, couldn’t be nicer – their conversations have been professional – given the unknowns with regard to easements, and given what the ordinance permits, seems unfair to connect the giving of an easement to what he asked of the BOA – there is a Boardwalk easement right-of-way in front of his property – recommends, if Council is inclined, approving the application, subject to removal of any improvements within the 200-foot walkover, should Army Corps determine they would impede the dune (Councilman Cortes: not a walkover, but a 200-sq.-foot maximum free-standing deck) need walkover to get to it (Councilman Cortes: there were and are free-standing decks up there – would walk on the sand to get to those decks; Councilman Reid: he is just replacing what he had – he understands something might need to be moved and said he would move it – needs to be put to a vote; Mayor Barrella: asked Attorney Gertner for Engineer Savacool’s views) his views were codified in what the BOA did, alternately, and the BOA sent it to Council for determination – as a professional, speaking for Engineer Savacool, he wasn’t sure it was a good idea, because of other mechanisms going on – will ask Engineer Savacool for his inclination as to why the BOA putted this to Council, and verify with Mr. LaPlante that he would accept the removal language – perceives he would. Matter was held.

Administrator/CFO Riehl: Mr. Varosi’s request for water/sewer bill relief is a revisit – she stuck to her original recommendation against retroactive relief from the ready-to-use charge – policy is against it (Councilman Reid: had asked about credit, and if it was the town’s fault) no – house was demolished in 2010 – they are seeking relief of about $950.00, even though they hadn’t provided proof of demolition (Councilman Mayer: asked that Mr. Varosi be permitted to speak; Mayor Barrella: no – then he would have to invite the public – suggested the matter be added as a separate resolution; Councilman Mayer: asked that it be added).

Administrator/CFO Riehl: recommended denying 41 Inlet Drive request for water/sewer relief – shower head apparently burst on October 29th and the Water Department was called in January – water was running into the tub – no flooding – clearly went through the sewer system (Councilman Gordon: there is negligence on the homeowner’s part – there was correspondence with the Water Department and they were made aware – inaudible; Mayor Barrella: unless there is an inclination to overrule Administrator/CFO Riehl, would not add this to the agenda).

Administrator/CFO Riehl: regarding 1811 Beacon Lane’s request for sewer relief, there is plumber certification that the leak did not go through the sewer – recommended granting relief.

PUBLIC HEARING 2013 BUDGET AMENDMENT

Mayor Barrella: there was a budget hearing at the last Council meeting, but the State required an amendment – technical changes were made and the amendment was introduced at last Council meeting – in a position to approve the amendment tonight. Mayor Barrella opened and closed the hearing, with no member of the public wishing to be heard.
Motion by Councilman Gordon to close the public hearing and approve the budget amendment was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker…YEA

Councilman Mayer: thanked Council for allowing him to chair the Finance Committee – budget is intricate – encouraged continuity on Council – thanked Administrator/CFO Riehl for fabulous job – 2014 contractual salary increases alone will exceed the 2% levy cap – been harping on this for months – other items will eat into it – must focus on the $1,287,000.00 of accrued severance obligations or will end up doing special emergency notes – would like Administrator/ CFO Riehl to start scheduling when it will happen (Administrator/CFO Riehl: we try to set up a fund and put money towards it every year – things happen, like someone passing away unexpectedly, and we tap into it – when no retirements are slated, it’s easy to pick at, since it’s not essential that year) in 2011 or 2012, 5-year special emergency appropriation and special emergency notes were allowed for accrued severance – many towns are headed there – must focus on surplus regeneration – didn’t regenerate 4 of the last 5 years and, last-year, lost $323K – must get structural balance (Mayor Barrella: levy cap came in effect in 2008, making it more difficult to close the $1M deficit left by the prior administration) a good deal of the surplus was plugged with deferred school tax in 2008-2010 – that declined in 2011 and was a problem – concerned about water/sewer expenses – there was an appropriations cap before the levy cap, but if expenses came out of utility fund, it didn’t apply – there is a mismatch with current fund expenses remaining in water/sewer budget – made strides last year to reduce it, but it also increased surplus – faced with Moody’s negative outlook and concern over structural balance and debt – hiring new officer and School Resource Officer (SRO) impacted the budget – asked to revisit Board of Education (BOE) contribution – not fair that residents support the whole cost – suggested settling contracts unsettled since 2012, not in a way that causes us to be over the 2014 levy cap, but it’s not happening – big debt increase this year – will be worse next year – Sandy expenses have mostly been bonded – just issued a $9.5M bond anticipation note – many capital budget projects must be done – additional bond ordinance is coming – need provision for $3M emergency note due in December – must focus on incurrence of additional debt.
Councilman Gordon: solutions from Councilman Mayer typically come on the backs of employees and police – need others – would like problems coupled with solutions in the future.
Councilwoman Tooker: Clerk Ellsworth researched a paperless agenda for savings in the long run – costs employee time to put it together, copy machine maintenance and paper – many other towns and our BOE do it – it’s easy – don’t need the supporting documents – iPads are $400 and last a few years, at least – easier than lugging paper around – we are behind the times – Clerk Ellsworth asks every year – Toms River, a huge municipality, has been doing it for years – thinks it would pay for itself the first year – should find the money – or each Councilmember can buy his own iPad – don’t even need it – she goes through the agenda online and prints what she needs – could have a binder to pass around – keep talking about it, but it never happens.
Mayor Barrella: asked how the Structural Imbalance Sheet ended up in the budget (Administrator/CFO Riehl: been in the last couple years) biggest expense is salaries and wages, because government is in the service business – past salary expenses have outstripped the cap – understands the concern – must address and be prudent, but there is no impending disaster where PPB is folding up – lot more people worked for PPB 10-20 years ago – they left and we got it done – in 2010, Chief DePolo and Lt. DiCorcia left, taking a good part of our reserve – our people’s vacation and sick time is capped – don’t have the issues plaguing municipalities that are forced to do severance notes – doesn’t believe we have a series of people preparing to retire in the next few years – have $1M potential liability if everyone left – won’t happen – will happen in an orderly fashion, as always – been harping on the importance of surplus regeneration since before he was Mayor – Council must demand the Governor return the $1M in energy tax receipts that he and past governors diverted to balance their budgets, instead of constantly saying we have to regenerate surplus – inherited more than $1M deficit from Mayor Vogel’s administration – could have eliminated the 2008 tax increase, had we used the entire deferred school tax – was not prudent, so we didn’t – applied 1/3 to 2008 and left 2/3 in reserve, to be used in the next 2 years and to develop a long-term plan – unfortunately, Council delivered a zero tax increase, so what was there was wasted – Councilman Mayer has always expressed concern about contractual arrangements – PBA contract was determined by an arbitrator and set in stone – we are negotiating in good faith with Teamsters – only unsettled contract is with TWU – in mediation – can’t settle – hopefully, will pay off Sandy debt, so when notes renew, they are not at the same principal amounts – ideally, will be stuck with 10%, plus whatever was ineligible – Water/Sewer would be better off if Council didn’t raid it year-in and year-out to pull out surplus to balance the budget – don’t reverse 30 years in 2, or the State would be fully funding its pension obligation – PPB’s pension obligations are fully paid for, at the municipal level – has no problem if Councilman Mayer asks BOE to increase SRO funding – benefits some out-of-town kids, but not a meaningful amount (Councilman Gordon: same logic as saying people with no kids in school should not pay school taxes – rings hollow; Councilman Mayer: 25% of the high school kids are from out of town; Councilman Gordon: so, 75% are PPB kids).
Motion by Councilman Cavagnaro to adopt the 2013 Municipal Budget, as amended, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker….YEA
Councilman Mayer*….NAY
*Councilman Mayer: not concerned with current year’s budget – have done a good job collecting revenues – strange year with CDL – a weakness will be apparent next year.

COMMITTEE REPORTS:

Councilman Reid: No report.

Councilman Cortes: congratulated A.J. Fox on his appointment; JCP&L is not getting back to him about lights at the park – Councilman Cavagnaro mentioned some fancy downtown street lights are out – will assess this week – DPW must change them, not JCP&L; park program went fine with no further incidences; revisited the Buy-A-Board engraver – they are getting a new machine to do 10 boards at once – we will be finalizing our website with links and creating a Facebook page, modeled after Lavallette – may have a table at the Seafood Festival.

Councilman Cavagnaro: acknowledged St. Peter Church Confirmation candidates, who painted some hydrants – volunteer work, sponsored by the Chamber of Commerce; received a call regarding a tarp at the Little League field that needed to be removed – thanked DPW for getting it; Chamber of Commerce general membership meeting, is open to the public tomorrow night, 6PM at the Valentine House; met with Shade Tree Commission – Forestry Management Grant, which Council approved, will be completed by December; Council and public reported flooding back through valves on Lake Louise at Randall, Baltimore and Yale Avenues – Engineer contacted the County about replacing them; wants to revise the Adopt-A-Spot ordinance to clarify the signage stipulations, that authority rests with Council and that licenses are renewed yearly – asked Council to review for resolution at next meeting; addressed the Building Inspector’s letter regarding the Flood Damage Prevention Ordinance – PPB elevation is 9 – that’s not locked in – must go through a year or so of public meetings – Building Inspector thinks that is an unsafe situation and that Council should pass an ordinance to protect people (Attorney Gertner: inaudible; Mr. Savacool and Mr. Gardner are marking up that ordinance, with their recommended changes, to present to Council – he recommends they do that).

Councilman Mayer: Finance Committee met yesterday – discussed Finance and Water Department staffing – must revisit road work and where to put it – went through revenues through July – Phoenix Advisors offered to do a Phase I debt study, for free – that is underway – CDL loan is not quite in place yet – someone is on vacation – we spoke about the audit which is on the agenda tonight– we are going to have a pretty active year end.

Councilman Gordon: at last Council meeting, he mentioned the downtown area was looking ratty – citizens group did a wonderful cleanup – thanked Pete and Mary Lynn Ritchings, Clem Bremer, Tom Davis, Lisa Muller, Mike Corbally, Mary Steiner, Sharpe and Rachel Beaton, Dave Cavagnaro and Nancy Rubin for their time and job well-done (Councilman Cavagnaro: thanked Councilman Gordon for participating as well); addressed resident Marilyn Burke’s question from last Council meeting about overtime (OT) – police OT to-date is about $7,500 over what it was this time last year – majority was for the visit from the President of the United States – about $7K of the $70K OT expenses to-date was claimed by lieutenants and above; from 8/15 through 8/19, police made 35 arrests for offenses including disorderly conduct, assault, hindering apprehension, resisting arrest, trespassing, possession of controlled substances and driving while intoxicated – 2 arrests for outstanding criminal and traffic warrants – department responded to 48 motor vehicle accidents and 46 First Aid calls – received 16 theft complaints and 4 criminal mischief complaints, 1 report of burglary to a residence and 2 to a vehicle – 22 criminal arrests to-date, as opposed to 9 this time last year – 33 borough violations to-date, as opposed to 43 this time period last year (Mayor Barrella: for perspective, 10% rank lieutenant or above – 10% of OT went to those ranks) less – goes by hours.

Councilwoman Tooker: many people are struggling with trees, shrubs and bushes, from salt water post-Sandy – Barnegat Bay Partnership has an article in their latest newsletter about restoring yards post-Sandy – salt-tolerant and native plants are ok to plant in the future; Animal Welfare Committee has kittens available for adoption; asked if bike lanes were included in the Route 35 project (not to anyone’s knowledge).

Mayor Barrella: been in contact with NJ DOT representatives about meeting to address Route 35 and Little Silver Lake flooding – Engineer Savacool came up with a concept plan of what needs to be done – State committed to 8 pump stations from Island Beach State Park to Bay Head – his plan includes a 9th pump station in PPB to divert Route 35 runoff from Little Silver Lake, and check valves to keep Lake Louise flowing in – associated with that, is the desire to dredge that lake for more capacity – read in the “Ocean Star” about the County funding $2.4M Twilight Lake dredging in Bay Head – this afternoon, he e-mailed the Freeholders, asking that the same courtesy be extended to PPB residents, who are also Ocean County taxpayers – Engineer Savacool has been talking about Environmental Infrastructure Trust (EIT) money, a low-/no-interest loan (Administrator/CFO Riehl: Frank Scarantino indicated the County would do a cost-share) cost-share for Bay Head seems to be 100% (Administrator/CFO Riehl: spoke with EIT today – on point for October funding of $3.5M) encouraged all to call Freeholders (Councilman Mayer: per another recent article, they are extending the pump station) that takes care of the southern end of PPB (Councilwoman Tooker: unfair – we are paying for our third lake) awaits, with anticipation, Freeholders’ response; on Friday, he, Administrator/ CFO Riehl, Engineer Savacool and Attorney Gertner met with Jenkinson’s representatives, Vincent, Pat and Anthony Storino and Ed McGlynn, who reaffirmed their $1M commitment to the Borough, spread out over a period of years – today, he and Administrator/CFO Riehl met with Ed Brannagan, Martell’s manager– advised him where we stand on the Boardwalk and Mr. Savacool’s recommendation to use Trex – given Jenkinsons’ willingness to contribute, might be prudent to authorize Engineer Savacool to go out to bid – can put in the mechanism to pay for it at next Council meeting and adopt on October 22nd, as 4 weeks is needed for a bond ordinance – would allow us to begin in November and finish by March – based on Mr. Savacool’s estimates and FEMA reimbursement, the $3.1M Boardwalk project is estimated to cost PPB roughly $288K or less – can’t have money dedicated to the Boardwalk or FEMA could cut funding – must be careful with Buy-A-Board because of that – but, some portions are not FEMA-eligible – money could also be dedicated to other debt; would be better off with 2 trailers than the Police Substation – if you do nothing with infrastructure, eventually everything crumbles; Councilman Mayer thought he was hard on Judge Grasso – quoted Governor Christie’s statement from a “Newark Start Ledger” article, “The Chief Justice’s activist opinion arrogantly bolsters another of the failures he and his colleagues have foisted on NJ taxpayers” – this cites the Governor’s disrespect for Supreme Court Chief Justices – consensus doesn’t mean we agree on everything and politics is always involved – people support those who can support them – it’s a small PPB community who can provide meaningful financial support in a political campaign – Council has acted in a matter which embodies consensus on most issues, usually coming to an amicable resolution most agree on – when a judge declares a municipal ordinance invalid and attacks a Governing Body member, consensus would dictate that the Governing Body react as one, taking a position that the judge was wrong and we resent his interference in our community.

Administrator/CFO Riehl: to date, have been eligible-obligated through FEMA for $7.9M, which is very good – we pretty much have everything written and in – so far, they have forwarded just shy of $2.7M – looking at a local share of about $712K.

Clerk Ellsworth announced that an additional contract item was discussed in Closed Session and added and amended agenda items.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 9:29PM

Ben Dispoto, PPB: asked if any part of item 1/s is FEMA-reimbursable; asked who the Deputy Finance Officer is in item 2/d and why her hours are being increased after the budget has been passed; our debt is well over the amount of one year’s budget – asked the average life of a bond and how we get out of the spiral of reissuing them – not the way a town should be run – if the amount outstanding keeps growing, we are creating future indebtedness – money should be set aside to defer future capital expenses – it’s not the Finance Officer’s or Council’s fault – it’s the way things are done – akin to the money we owe in severance – if you are going to replace garbage trucks, you should be putting money away for their obsolescence – can’t imagine every town in NJ does it the same way – there’s got to be a better way – must take the first step.
Marilyn Burke, PPB: asked Councilman Mayer what it costs to educate a PPB High School student and what the sending districts pay for those students – if they pay less than what it costs, they should contribute more money for the SRO – will go broke if we don’t start paying our bills – concerned about bonding and how long it takes to pay for that – shocked about the rates of tax increase; asked what the cap is on vacation and sick days; asked Councilman Gordon the total amount of OT paid last year.
Tom Davis, PPB: BOA member, explained that the BOA referred Mr. LaPlante to Council because his deck structure is on town right-of-way, where BOA has no authority; hired a dune expert – hopes someone takes the lead on that – in hurricane season – 2 months from the anniversary of Sandy – got the impression from the dune meeting that beachfront property owners will not sign easements; asked Councilman Mayer to explain his vote against the budget.
Lisa Muller, PPB: asked the meaning of item 1/a, if it will cost another $2,600.00 if new plans are still too ambitious, and if drawings will be public, if approved.
Christine Riordan, PPB: asked if it is appropriate for Mr. Davis, a BOA member, to be here listening to and commenting on the LaPlante matter.
Kathleen McGuines, PPB: asked if the Substation floor plan includes infrastructure technology, for future upgrades.
Al Varosi, PPB: Governing Body has a vehicle – ordinance or direction to the land use boards – to require that easements be provided by someone seeking an approval – it’s common in land use – when he has done projects, he has had to dedicated large percentages of land to municipalities, buffers, Ocean County right-of-way, etc. (Attorney Gertner: would be a policy determination – would require an ordinance as a condition of certain types of approval – his opinion is that nothing should be engendered in PPB until we have an idea where the dune line is, because there is so much private property to the mean high water mark, and so many people could, potentially, be adversely affected, not only by the dunes, but the replenishment – that they could lose their beach access – from a policy perspective, would seem unfair to require a dune easement be signed, which may render your right to use your beach a nullity as well – should at least know where your line will be – Board can’t do that – should probably look at reexamining the Master Plan and the vision); thanked Council for considering his request for adjustment – as part of his BOA approval, he had to take down the house, which straddled the eventual property line that separated it – had to disconnect all utilities – made application and payment on November 5th to the Water Department – that is written notice of disconnecting – they came and did it – he got all his other approvals – the house was razed – paid subsequent bill on November 12th – paid all the water ready service fees up to that date – prior to that, the house sat vacant for 6 years, during which he paid the ready-to-use fee, but he is not asking for relief from that – after the fact, he brought 4 or 5 water/sewer bills to the Water Department – was told it was a ready-to-use fee and he had to pay it because the water is in the street – wasn’t told there is a way to alleviate situation (Attorney Gertner: there is an obligation to know your ordinances and your rights – can’t sit on your rights – Council has a recommendation from the Administrator)
Motion by Councilman Gordon to close public participation was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker...YEA

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 10:16PM

Mayor Barrella: asked that item 1/t be considered separately, because Councilman Mayer cannot vote on the AshBritt payment (Councilman Mayer: can be included in Resolution 4); there was a request that item 1/a be considered separately;Councilman Cavagnaro: asked for an explanation of item 3/b (Clerk Ellsworth: Southern House has a pocket license – they don’t have a place to operate – requires a special ABC ruling every year/every other year – ABC just came down with their ruling, advising that the license can be renewed, since he is moving to rectify the fact that it’s a pocket license – have a transfer application, but can’t do anything with it until license is renewed – police are in the investigation process) asked if the public should have been notified of action on this in advance (Clerk Ellsworth: no – they are notified upon renewal and have an opportunity to pose an objection at that time; Councilman Mayer: asked how long this can go on; Attorney Gertner: 2 or 3 years – thereafter, a special application must be made – they are rarely denied; Councilman Mayer: asked the point of the application; Clerk Ellsworth: supposed to be looking for a new place to put the business);Councilman Reid: in reference to item 1/q – asked if the lease agreement could stipulate that we want smaller, nicer ATM machines for the new Boardwalk (Administrator/CFO Riehl: yes; Councilman Cortes: asked how much we make on the lease of the machines; Administrator/ CFO Riehl: 25% of their net profit – they seem to have more expenses each year – made $21K in ATM revenue in 2010, about $14K in 2012, $3,600.00 through July 2103; Councilman Mayer: asked Administrator/CFO Riehl to run that RFP and history through the Finance Committee) inaudible – something nicer, more up-to-date.
Motion by Councilman Gordon to approve items listed below was seconded by Councilman Cortes and carried by roll call vote.
CONSENT RESOLUTION 1:
a) HELD FOR SEPARATE CONSIDERATION [Authorization for Aquatecture to draft floor plans for Police Substation ($2600)]
b) Approval of Payroll #16 ($347,822.42)
c) Memorialize approval of Fire Company #2 membership for S. Copriglione
d) Memorialize approval of Fire Company #1 membership T. Arminio
e) Memorialize approval of Fire Company #2 membership for P. Waldman
f) P O and payment to McCarthy Contracting for K9 pen enclosure ($2000)
g) P O and payment to Titan LLC/Fox Ledge Spring Water for water for police ($401)
h) Payment of district taxes to PPB Board of Education ($896,186)
i) Payment to OCUA for 3rd Quarter installment ($320,265)
j) Payment to Jersey Mulch Products, LLC for playground mulch ($4,050)
k) Payment to Brick Utilities for July bulk water usage ($113,682.38)
l) Payment to National Water Main Cleaning Co. for sewer spot repairs ($5,333.24)
m) Payment to Denise Sweet and Associates from (2) BOA escrow accounts ($200)
n) Payment to T&M Associates from (3) Developer escrow accounts ($3,641.50)
o) Payment to T&M Associates from (10) BOA escrow accounts ($4026)
p) Payment to T&M Associates from (3) Planning Board escrow accounts ($2,735.75)
q) Authorization for Borough Administrator to issue RFP for ATM services
r) Payment to Petroleum Traders Corp. for 7006 gallons of DPW gasoline ($23,649.53)
s) Payment to Louis Berger Group for labor costs 11/13/12-05/25/13 ($109,322.05)
t) REMOVED FOR SEPARATE CONSIDERATION [Payment to AshBritt for “Sandy” debris removal ($656,577.05)]
u) Payment to Berardesco Contracting for removal/disposal of concrete on beach ($600)
v) Accept annual audit for 2012
w) Release performance surety bond – Jenkinson’s South Roller Coaster ($123,260.40)
x) Approval of computer-generated vouchers ($1,497,025.45)
y) Payment to T&M Associates from (2) Developer Escrow Accounts ($4,757.50)
CONSENT RESOLUTION 2:
a) Payment to T&M Associates from Planning Board escrow account ($1072)
b) Payment to T&M Associates from (10) BOA escrow accounts ($4355)
c) Authorize increase in hours worked for Construction Official
d) Authorize increase in hours worked for Deputy Finance Officer
CONSENT RESOLUTION 3:
a) Authorize Bond Anticipation Notes
b) ABC License Renewal – Southern BBQ
c) Refund tax overpayment ($1459.18)
d) Approve annual request for Jenkinson’s South to store rides in trailers
e) Approval of Payroll #17 ($291,849.85)
f) Waive street use fees for ‘Thin Mint’ Run
g) Waive special event fees for Lions Club Run, with exception of police service fees
h) Accept the resignation of the current tax assessor and authorize advertisement for the position of tax assessor (CLOSED SESSION ITEM)
i) Approval of agreement with non-union personnel (CLOSED SESSION ITEM)
j) Approval of sewer bill relief for 1811 Beacon Lane
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker…YEA

Councilman Mayer: partners in his firm represent or represented AshBritt – because they are his partners, the conflict is imputed to him on the legal side – has abstained from all discussions and matters in connection with AshBritt – as soon as he learned of the conflict, he sent a letter to Clerk Ellsworth, Administrator Riehl and Attorney Gertner, and asked that they pass it along – has every belief that they did (Mayor Barrella: at the time that Councilman Mayer sent the letter, he announced at the Council meeting that the reason he was abstaining was because his firm had begun representation of AshBritt, but he didn’t feel it was necessary to say it each time – apologizes if that was a mistake – Councilman Mayer did recuse himself – it’s been part of the record – he has not participated in Closed Session – doesn’t believe he would be influenced by this, but that’s the way the ethics laws are – this is a technical conflict – but, he has been upfront about it, he has disclosed it and has recused himself) asked, if there is going to be discussion on these two items, to let him know so he can leave the room (Councilman Gordon: Councilman Mayer has been above board, continuously, on this whole issue).
Motion by Councilman Gordon to approve items listed below was seconded by Councilman Cortes and carried by roll call vote.
RESOLUTION 4:
a) Approval of June 18, 2013 Closed Session Minutes (CLOSED SESSION ITEM)
b) Payment to AshBritt for “Sandy” debris removal ($656,577.05)
VOTE: Council Members Reid, Cortes, Cavagnaro (item 4/b only), Gordon, Tooker….YEA
Councilmen Cavagnaro (item 4/a only) and Mayer….ABSTAIN

Councilman Cavagnaro: asked if he should abstain if he is friends with Mr. Varosi (Attorney Gertner: if he believes his relationship with him will affect his ability to vote, he ought to recuse himself from participation; Mayor Barrella: if someone has been a guest in his house, or has invited him to a wedding, that is a conflict situation, in his opinion – if he speaks to someone on the street or has coffee with him in a restaurant, that is probably not a conflict situation – but, it is a personal thing; Attorney Gertner: a more simple rule is, if you are not business partners, or in a business relationship, you must look inward – if you believe your relationship is such that you cannot view the issue in a fair manner, you have an obligation to yourself and to your constituents to recuse yourself).
Motion by Councilman Gordon to DENY item listed below was seconded by Councilman Cavagnaro and carried by roll call vote.
RESOLTION 5: Approval of water/sewer relief request for Mr. Varosi
VOTE: Councilmembers Reid, Cortes, Cavagnaro and Gordon ….YEA
Councilmembers Mayer and Tooker.…NAY

Motion by Councilman Gordon to approve item listed below was seconded by Councilwoman Tooker and carried by roll call vote.
RESOLUTION 6: Authorization for Aquatecture to draft floor plans for Police Substation ($2600)
VOTE: Councilmembers Cavagnaro, Gordon, Tooker and Mayor Barrella….YEA
Councilmembers Reid, Cortes, Mayer….NAY

Clerk Ellsworth: Planning Board reviewed ordinance 2013-30 and recommended adoption.
Ordinance 2013-30 (LC Zoning Amendment) was considered on second reading. Mayor Barrella opened the public hearing.
John Palsi, PPB: concerned about property value – invested in this community – understands that, per this ordinance, if his property is destroyed 50%, he is not allowed to build the same footprint – that will diminish his investment significantly – currently in the LC zone – is under the impression that this is changing to the MC Zone (Mayor Barrella: incorrect – his zone is not changing – zone lines have not been redrawn – his 2-story home, which is currently non-conforming, will become a conforming use in that zone, no longer requiring a variance).
Motion by Councilwoman Tooker to close the public hearing and adopt Ordinance 2013-30 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members: Reid, Cortes, Cavagnaro, Mayer, Gordon,Tooker…YEA

Ordinance 2013-31 (Amend Ordinance 2013-23/Teamster Salary) was considered on second reading. Mayor Barrella opened the public hearing, with no member of the public wishing to be heard.
Motion by Councilman Gordon to close the public hearing and adopt Ordinance 2013-31 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members: Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Mayor Barrella: Ordinance 2013-32 doesn’t affect anyone but the Borough of Point Pleasant Beach’s property – this is to grant the Army Corps the easement they need to get onto Borough property to construct dunes.
Ordinance 2013-32 (Execution of Town’s Easement) was considered on second reading. Mayor Barrella opened the public hearing, with no member of the public wishing to be heard.
Motion by Councilman Reid to close the public hearing and adopt Ordinance 2013-32 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members: Reid, Cavagnaro, Mayer, Gordon, Tooker….YEA
Councilman Cortes….ABSTAIN

Ordinance 2013-33 (Non-Union Salaries) was introduced on first reading (CLOSED SESSION ITEM).
Motion by Councilwoman Tooker to approve Ordinance 2013-33 on first reading was seconded by Councilman Cavagnaro and carried by roll call vote. The public hearing will be September 10, 2013.
VOTE: Council Members: Reid, Cortes, Cavagnaro, Mayer, Gordon,Tooker…YEA

PUBLIC PARTICIPATION BEGAN AT 10:50 PM.

Lee Kelly, PPB: spoke about the lot on Washington Avenue and Route 35 North, where the Southern House burned down years ago – asked how long an ABC license can be a pocket license – seems ludicrous to keep renewing a license if something doesn’t exist – should do something about the building and signs on the corner – the place is a mess (Attorney Gertner: while it is a privilege, not a right, this is the year for Council to approve the renewal, as the owner is in the process of transferring it – failure to renew, given that the ABC has approved the extension of the pocket, would have opened us up to a lawsuit – there is some value in that transfer – must give police the opportunity to do the review in the normal course) parking on that block has always been a problem – curbs have been painted again – restaurant at the corner used to have “no parking” for fire trucks to come around the corner – that no longer exists – whole area is shady – doesn’t seem to get any better – it’s an eyesore (Attorney Gertner: County is holding it up) we are trying to attract businesses in town – in the winter, that whole wooded area is all papers and junk – there is no sign that says “Welcome to Point Pleasant Beach” – as you come into town from the south, it’s a disgrace (Attorney Gertner: appreciates the comments – may help convince the County that this is required – Chief has seen the questions from the County Engineer and County Administrator – we have replied – now that there is a legal license, because Council approved it, his understanding is that the Police, in normal course, will review that license and the transfer application – as part of the application, they are making application to site that license as well – that will come before Council).

PUBLIC PARTICIPATION ENDED AT 10:57 PM.

Meeting was adjourned at 10:57 PM by consent of Council.



Transcribed by: Eileen Farrell, Deputy Clerk



Attest: Maryann Ellsworth, Municipal Clerk


Published November14, 2013 | Council Minutes | 1716


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