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September 10, 2013

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:40 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.

Motion by Councilman Gordon to enter Closed Session to discuss five personnel, 1 contract negotiation, and 1 attorney client matter, was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Closed Session began at 6:42 PM and ended at 7:43 PM.

Mayor Barrella called the regular meeting to order at 7:52 PM. Present were Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon and Tooker.

A moment of silence was observed for Diane Johnson, Point Pleasant Beach Planning Board Clerk, and Emery Wheeler, longtime resident of Point Pleasant Beach, who both recently passed away.

Motion by Councilman Mayer to approve the June 25, 2013 Special Council Meeting minutes was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Tooker….YEA
Councilman Cavagnaro….ABSTAIN

Administrator/CFO Riehl: spoke about the request from Amatucci for water/sewer relief – there was a leak flowing out of the house – police were called – water department was called on an emergency call out – homeowner was notified and had a plumber come out – there was a $30 shut off charge and a $120 emergency call out charge – they requested waiver of the call out charge – recommended waiving the shut off charge, because their plumber shut the water off, but not the call-out charge as an employee was called out, arrived at the property, and cost us about $176 – this was discussed with the resident, who indicated she might be here tonight, but isn’t. Consensus was to proceed as recommended by BA/CFO.

Clerk Ellsworth announced that item 2/d has been removed for separate consideration as Resolution 3, and added items 2/p-s from Closed Session.

COMMITTEE REPORTS:

Councilman Reid: people going to and from the Boardwalk and train station have no restrooms, because they are closed – have a meeting scheduled with NJ Transit, along with BA/CFO Riehl and Councilmen Cortes and Mayer, about an agreement to keep them open – would deter people from going to the bathroom on people’s lawns – looking at quality of life for District 4 – NJ Transit was going to close the restrooms for lack of money and manpower – if we can come to an agreement, they will allow us to open the restrooms and man them with a part-timer, maybe from May until after the Seafood Festival – asked Council to consider; addressed unsightly rail ties, about which Councilman Mayer is concerned – years ago, NJ Transit gave those rail ties to PPB and they were used to build a nice embankment in the lot – so, they are ours and we need to deal with them; there are weeds all over the NJ Transit right-of-way – they are going to spray; should look closely at energy aggregation – has spoken to Administrator/CFO Riehl about it and brought in a company to educate them about it – when a town puts all its residential and business services together, residents can save up to 14% – if PPB can save 10% on street lights and electricity in the buildings, would save a substantial amount of money – and it’s savings we can offer to our residents, who can opt out whenever they want, at no cost to them – couldn’t get into the program himself, because he has a two-year contract with a third party already, and would have to pay to opt-out – there are ways to get an energy broker without bidding – working with Councilmen Mayer and Cortes, BA/CFO Riehl and, in an effort to be transparent, the Department of Community Affairs (DCA) on putting together an RFP for an energy broker to manage the process, have public meetings, do mailers and advertising, educate businesses and residents – savings rate would depend on how the auction goes – JCP&L would still be the provider, just the name of the supplier would change on the bill – also need to think about green energy – when going to bid, we could indicate if we want solar or wind – probably wouldn’t save as much, but it is good to think green (Councilman Gordon: citizens have solicited him to do the same – his concern would be a conflict, or someone benefitting as a direct result of Council’s actions – stepping on tenuous grounds, in some regards – urged caution; Mayor Barrella: T&M has a program that they are dealing with – certainly worth doing – asked BA/CFO Riehl if “Good Energy” is the same thing; BA/CFO Riehl: no) lots of companies want to be towns’ energy brokers – DCA has a list of 10 providers – can pass an ordinance to choose one, but thinks we should have an RFP for a broker, so it’s public.

Councilman Cortes: has taken 8 months, but has finally gotten the contracts from JCP&L to take over the lights and poles at Pleasure Park for $1, which they waived – can get a timer and do repair – they still have to disconnect some of their lines – can time it so the basketball courts can function as they are supposed to – is researching lights that are out in town and some intersections that are dark – Councilman Cavagnaro contacted him about the hanging street lights that are out – did an assessment – they are not numbered – needs to get location and pass on to DPW to take care of; met with Fire Chief Fox – is taking the bull by the horns – looking at a 3- to 5-year budget plan for vehicles, apparatus and equipment to get a handle on absolute annual recurring costs – spoke with John Pasola and meeting with him next week to discuss the possibility of a rescue vehicle – good concept – timing has to be right; spoke with Sabrina Fioretti of the First Aid, who will provide a year-to-date summary of First Aid activities; was unable to attend the Recreation Committee’s bonfire last Saturday – had 125-150 people at Maryland Avenue Beach making s’mores – second Family Fishing Night is at the Inlet this Saturday, 5PM-8PM; there were 6 towns involved in the ‘Blue for You’ senior walks on the Boardwalk – we came in 4th with 3,345,426 steps over the course of the summer; trying to move forward with the Buy-A-Board program – hit a glitch with FEMA – there is debate on whether it is allowable to take up the boards we have already placed, engrave them, then replace them, until the project is fully completed and signed off on (Mayor Barrella: asked about simply putting names on a sign, like Belmar, instead of engraving them on each individual board – asked how Lavallette and Seaside are dealing with FEMA in their engraving) they started at the beginning and engraved the boards as they were placed (Councilman Reid: asked if we would want to do the plaza anyway) yes – could move forward with that (Councilman Gordon: asked if he had done his homework in determining the cost of assuming responsibility of the JCP&L lights) were paying $9-11/month/light – they won’t allow us to repair them and they don’t make the timers anymore – they wouldn’t have maintained them anyway now – will provide the cost (Councilman Gordon: thinks the Finance Committee would be interested; Councilman Mayer: thinks it’s a small number, but the benefit is that we can now control the lights; Mayor Barrella: asked if BA/CFO Riehl was at the meeting with Chief Fox) no – they contacted each other – Councilman Mayer was there (Councilman Mayer: he instituted it) the rescue vehicle was not Chief Fox’s first concern – it came after his concern for the pumper engine and chief’s car – he had already spoken to John Pasola about looking into that – had prior meeting with their truck committee – maybe timing isn’t right for that (Councilman Gordon: the advent of the rescue vehicle was that it would take the onus off the larger truck – it wouldn’t have to make all those calls, therefore it’s life would be extended – that’s a compelling argument) not opposed to the idea – it’s just timing – doesn’t think it’s proper to throw another bond on the residents after what happened a year ago – if we had a rescue vehicle in PPB, could see a need to replace it, but we’ve never had one – is doing the research on benefits (Councilman Gordon: a cost-benefit analysis was done on the wear and tear of the larger vehicle that was making all the routine calls – it diminished with the advent of bringing the appropriate vehicle on board; Mayor Barrella: doesn’t understand why this is coming back around – thought it was determined that it wasn’t in the budget; Councilman Mayer: will address how we got to where we were in his report – did not come back around – was not even a topic of discussion; Councilwoman Tooker: representatives of each Fire Company made a compelling argument to her and Councilmen Gordon and Corbally in the spring – John Pasola sent us an e-mail with all sorts of details and justification – were under the impression it was going to be moved to the capital budget; Mayor Barrella: may come down to an issue of whether it’s being bonded or paid for out of capital surplus – thinks that’s slight-of-hand).

Councilman Cavagnaro: Chamber’s Chowderfest is October 12th at the Inlet, 12PM-7PM – will be a shuttle service and food and craft vendors available – asked all to come out and support; congratulated Shade Tree Commission for $15K tree grant from TD Bank – trees will be planted along the Broadway corridor and some of the streets behind there around October 19th – looking for volunteers to help; item 2/h revises the Adopt-A-Spot cover page – it was reviewed by the Beautification Committee and lays out the protocol; Boston Avenue, between the two lakes, will be repaved toward the end of November – a grant is covering most of the cost – contractor should be sending notification letters to area residents; Non-resident Taxpayers Association has a series of concerns for Council consideration – Council will review and digest and come back next Council meeting with their opinions – they would like to form a sub-committee to the Finance Committee – they are concerned that Boardwalk benches should either not be allowed in front of residential properties, or that the bench policy be amended to encourage or require people to have insurance policies – they also want a place to drop off garbage on weekends – got a cost analysis from DPW for Council review – asked for a decision on that by next Council meeting.

Councilman Mayer: spoke with BA/CFO Riehl for 2 hours on the 5th – spoke about Assessor’s position – spoke about a couple of bond ordinances for items including equipment and the Fire Chief’s car – met with Chief Fox and Councilman Cortes regarding the car – can’t bond for passenger cars, but can for SUV’s – been speaking to BA/CFO Riehl and Chief Fox about finding a way not to bond – if bonded, it’s debt service outside the levy cap – a high, 4-wheel-drive vehicle is needed – suggested that it be paid for out of capital surplus, which contains more than $100K – suggested that an ordinance be prepared for consideration, appropriating $40K for the car and $20K for turnout gear, 14 sets of which were lost in Sandy [Administrator/CFO Riehl: Ocean County Joint Insurance Fund (JIF) is waiting for every one of their members to finalize their claims] bond ordinance would also include the sweeper, DPW roof repair, 9-1-1 computer, cameras, radios and electronic fingerprint processing for the police, Boston Avenue improvements (BA/CFO Riehl: that contract will be awarded in October, with work to start in November), Kinmouth Lane and Boardwalk Plaza reconstruction (Mayor Barrella: asked what is new in this) nothing – all items from the 2013 capital budget (BA/CFO Riehl: items that were deemed necessary and for which checks would most likely be cut this year – left off the Army Corp bulkhead project for the Inlet – no point in bonding for it now, because they are not looking to do anything until late 2014 – Sandy stuff was taken care of – the rest of this equipment was in the capital budget) there is no appropriation for this stuff – Borough and Boardwalk security cameras are Phase II & III (Councilman Gordon: asked if it’s the Finance Committee’s authority to prioritize/determine what is funded) only thing BA/CFO Riehl omitted was the Inlet bulkhead that’s not being financed until next year (Mayor Barrella: lot of this was debated at some point – glad Councilman Mayer figured out a way to pay for it because, at the time, he was opposed to it – SUV that was bonded for in 1998 was used for 15 years, but only took 8 years to pay off – current taxpayers are reaping the benefits) many municipalities consider vehicles an operating expense – can’t bond for passenger cars – budgets have become so squeezed around New Jersey that SUV’s have become the new passenger cars – this is an example of the levy cap pushing something out of operating expenses – generally, not getting 10 years useful life from a police car – should avoid bonding for heavily-used regular vehicles (Mayor Barrella: asked if bonding SUV’s has become a mechanism to avoid the levy cap – an SUV is not necessarily a passenger vehicle – it’s an asset we have been using for 15 years) can’t fit passenger vehicles in current levy cap – were squeezed out even before Mayor Barrella’s time (Councilman Reid: asked how much a $40K car costs, if bonded) substantially more; also reviewed revenues and expenses (BA/CFO Riehl: parking is down overall, but stable through June and July – May is when we took the hit – court was somewhat consistent, but still down over 2012 – construction code fees are saving us, coming in very well – hotel/motel tax seems to be doing well this year) hotel/motel tax did very well, very early this year; did our first run on expenses vs. budget (BA/CFO Riehl: Non-resident Taxpayer Committee asked to have inserts in the 4th Quarter tax bills – would amount to the tax clerk having to run off and fold 7,000 copies – there is no way a staff of 1 can do all that for this committee – would be about $450 to have it done through the printer; Councilman Reid: maybe that group can pay for it or come in to help us fold; BA/CFO Riehl: can go on our web page, in the newspaper, on the “Patch” – there are a variety of other avenues; Councilman Cavagnaro: the way finances are for this year, I would say no) they have also asked for some involvement with the Finance Committee on the budget; asked that the amended budget and audit be posted to the web site; received the Phase I debt study from Phoenix Advisors – no significant decrease in our debt service level through 2021 – 15C212 Annual Report was filed on time, thanks to them.

Councilman Gordon: gave police department report for the last 2 weeks – 17 subjects were arrested for offenses including assault, resisting arrest, possession of marijuana under 50g, trespassing, theft, obstructing and disorderly conduct – male non-resident was charged with lewdness on the beach – male resident was arrested for attempted burglary of a commercial business and criminal mischief – 6 subjects were arrested on outstanding criminal and traffic warrants – department responded to 52 motor vehicle accidents and 17 First Aid calls – department took 19 theft and 15 criminal mischief complaints – criminal and borough ordinance arrests decreased over the summer, compared to last year, which is good news, but it could probably be attributed to the poor weather – First Aid calls were down 9.6%, Memorial Day through Labor Day, motor vehicle accidents were down 22%, and the PATS parking ticket system was down about 22% compared to the same period last year.

Councilwoman Tooker: asked Council to read an article she distributed about a little town in Florida, with the same issues PPB has – parking, rentals, tourists, congestion, residents paying to support the tourists and quality of life – they also have a nice jitney trolley service, which would help a lot to ease congestion in PPB; Pete Ritchings and Tom Davis, from the Environmental Commission, have been communicating with Dr. Farrell – thinks there will be a meeting next week to get the ball rolling on the dunes; spoke to Code Enforcement Officer Petrillo, who monitors the Southern House parking lot – has done all she can there, in terms of summonses and violations – asked Mr. Kelly to keep her apprised of any problems there; thanked Councilman Reid and BA/CFO Riehl for reaching out to NJ Transit to get the restrooms open – noticed, when she was in California, that all the little towns have nice restrooms in their downtowns – this is close enough to the downtown and the beach crowd – can also be used during the Christmas season, or when the town is crowded; did an energy audit a few years ago – got a grant to do it – Environmental Commission was reviewing – suggested that Councilman Reid look at it; thanked Councilman Cortes for keeping the seniors in mind – Student Council will have 3 senior citizen lunches this year – asked if the Recreation Committee could do a bus trip, like they did a few years ago; Shade Tree and Environmental Commissions will have a booth at the Seafood Festival – maybe Animal Welfare Committee, as well – welcomed volunteers; Fire Company #1 has, amazingly, gotten back together, prior to receiving their insurance money; discussed implementation of a paperless agenda – an employee spends an entire day to run off copies and the cost and amount of paper used is too high – not in the 21st Century (Mayor Barrella: asked Councilmembers Tooker, Cortes and Mayer to meet with Clerk Ellsworth to craft a policy for next meeting) Clerk Ellsworth been requesting this since before Mayor Barrella’s time (Councilman Gordon: should not be spending a lot of money, just so certain Councilmembers are not inconvenienced; Attorney Gertner: it’s the Clerk’s call, with the advice and consent of the Governing Body – it’s the Clerk’s responsibility to make certain that information is disseminated, as required by law – suggested folks from the opposite spectrum sit with her to come up with a policy, given the budget constraints, to find a compromise that is acceptable to her; Councilman Mayer: asked about a searchable PDF, which is not what is currently distributed electronically; Clerk Ellsworth: intent is for an agenda that can be searched – much easier than hard copy – documentation is hyperlinked to each agenda item; Councilman Mayer: need ability to move through the document – can’t with what is currently being distributed – doesn’t think it’s cheaper or a time-saver, in the long run) Clerk Ellsworth has researched this (Mayor Barrella: instructed all to get it worked out, so that it works for the Clerk and the Council – told Clerk Ellsworth to schedule a meeting – it’s up to her to determine what needs to be sent – wants something to vote on in the next 3 weeks) if this works, could have a reference binder, with the full agenda, in the Council chambers (Council argued amongst themselves; Mayor Barrella: directed Clerk Ellsworth to come up with something for the next Council meeting – said to do it the way she wants, and Council will deal with it).

Mayor Barrella: last Friday, he and Administrator/CFO Riehl met with DEP’s Cindy Randazzo and the person in charge of historic preservation about Blue Acres vs. Green Acres funding to buy some properties – asked them to see if the Governors’ program, which was implemented in Sayreville to buy property and build a park, might be a source of funding for Inlet Drive; DOT was here to meet about the Route 35 flooding issue – Chief O’Hara and Engineer Savacool were there and did a great job explaining the problems, which are interconnected – Route 35 drains into Lake of the Lillies, which works as long as the pump station works – Route 35, north of Arnold Avenue, drains into the Manasquan Inlet and that works fine – the problem is the Trenton, Washington, Philadelphia portion of Route 35 that drains into Little Silver Lake and exacerbates the problem because, if it’s not draining, we have major floods, with 10 officers out, closing roads, etc. – they are in the process of cleaning and televising the pipes to see if there are any obstructions or collapses, to understand why Route 35 is not draining the way it should – if they fix the problem, and the water drains into Little Silver Lake quicker, it could exacerbate flooding in residential areas – he asked them to spend $6M for a pump station – hopes they will take it to the next level for consideration – the state is spending a lot of money putting in 8 pump stations between Island Beach State Park and Bay Head, re-doing the entire system – will see what happens – they are talking about putting in some check valves/flapper valves to help with the tidal flow – is cautiously optimistic; Engineer Savacool has received preliminary proposed dune maps from the DEP, who asked for his input – hopes to get a finalized dune line that the Army Corps can work with and we can start to move forward – spoke about the revetments that Bay Head is doing – estimate of $1,700/foot – if extended to Borough property, would be about $880K – that’s not prevailing wage – per Engineer Savacool, it could be triple the price with prevailing wage (BA/CFO Riehl: asked that it be part of a Building and Grounds Committee study) it needs to be studied and Engineer Savacool’s input is needed before anything can be approved; the Governing Body has been very good in not seeking to politicize Sandy-related issues – Governor signed legislation which permits people to raise their houses 3 feet above base flood and there are rules in place for new construction, provided it does not exceed what was there already – per Engineer Savacool, the state legislation is consistent with what we have done here in PPB, after consulting with our professionals and boards – everything that’s been done has been passed by this Council unanimously – was disappointed when he read a letter in “The Ocean Star” from a Councilman who talked about how we are not doing enough – should actually do something, instead, like meet with the Engineer and Planning Board Chairman – politicizing of the recovery is disgusting and despicable.

Business Administrator/CFO Riehl: every year, we apply for DOT funding for road projects – requested authorization to meet with the Buildings and Grounds Committee to select a road from the ranked list and those not selected from last year’s recommendation, and for Engineer Savacool to submit the selection – must be done before next Council meeting and submitted by the 20th (Mayor Barrella: needs to be on the Consent Resolutions; Mayor Barrella: told Administrator/CFO Riehl or Councilman Cavagnaro to ensure that Engineer Savacool is on the call); distributed a copy of the new “Best Practices,” which is due by October 5th – needs to go before Council for discussion – would like the Finance Committee to have some input; there had been an investigation by the State comptroller’s office (Councilman Mayer left the room during this discussion) there were a couple of towns involved, PPB was one – they found that there were overcharges, by way of mileage – although PPB had made no payments to AshBritt, we were overcharged about $12K for mileage – were also overcharged for sand sifting – were charged for contaminated sand vs. regular – that was about $65K – adjustments were made prior to any payments to AshBritt – comptroller’s report indicated that, although there were errors, they weren’t found to be malicious errors, just mistakes – mileage, per the contract, was for transport from the TDMA to the landfill – it was charged by 0-15 miles, then 16 miles to the next level – anything that fell in between 15 and 16 miles was being charged at the higher rate.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of Ordinances and
Resolutions) BEGAN AT 9:16 PM

Vince Castin, PPB: asked about any FEMA work on Little Silver Lake – can check on how Bay Head got their money as well – the valve situation has been bantered about for a number of meetings and nothing has been said about that – very frustrating; asked to what road item 1/h applies and if it has anything to do with the road list that Administrator/CFO Riehl mentioned – asked that Trenton Avenue be put on the top of the list; asked about item 1/v – thinks teens go in at night and mess with that stuff, not the locals; asked where line painting was done.

Motion by Councilman Cortes 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 9:21 PM

Councilman Gordon asked that 1/a be considered separately (Resolution 4); Mayor 2/d will be considered separately as Resolution 3; Councilman Cortes: requested that 2/g be considered separately (Resolution 5d).
Motion by Councilman Gordon, to approve the items listed below, was seconded by Councilman Reid and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Considered Separately as Resolution 4
b) Renew membership in Ocean County Joint Insurance Fund
c) Approval of contracted salaries for Teamsters Union & Non-Union Personnel
d) Authorize participation in Cranford Police Cooperative Pricing System
e) Approve interlocal agreements with County Prosecutor for DWI Enforcement and Fatal Accident Support Team programs
f) Progress payment #5 to Albert Marine for Boardwalk Reconstruction-Trenton Ave ($37,071.58)
g) Payment to State of NJ for employee and retiree health and Rx benefits ($110,279.53)
h) Award contract for 2013 Road Improvement Program to Johnson Baran ($105,371.57)
i) Progress payment #2 to National Water Main for trenchless sanitary sewer spot repairs ($19,949.86)
j) Approve request for Fire Companies and First Aid Squad to charge for parking in municipal lots during the Seafood Festival
k) Payment to JCP&L for light poles & hardware in Pleasure Park ($1) and authorization to execute liability waiver for treated wood products
l) Approval of Payroll #18 ($288,216.49)
m) Approve additional dates for Disabled Veterans ‘Forget-Me-Not’ Drive
n) Authorize increase in hours worked for Code Enforcement/Zoning Officer
o) P O to Fire & Safety Services for repairs & maintenance ($5000)
p) Approve membership in Ocean Fire Co #1
q) Payment of annual contribution to the PPB Parking Authority ($50,000)
r) Payment of annual contribution to First Aid & Emergency Squad ($38,500)
s) Payment of annual contribution to Ocean Fire Co #1 ($17,000)
t) Payment to Pedroni Fuel for diesel fuel ($9586.42)
u) Payment to O C Landfill for tipping fees ($50,000)
v) P O and payment to Game Time for park equipment ($3660)
w) Payment to Petroleum Traders for gasoline ($18,462.81)
CONSENT RESOLUTION 2:
a) Award of contract to J Hunter Construction for repair of gazebo ($27,106.56)
b) Payment to American Pipe Cleaning for storm drain cleaning ($4800)
c) Payments to Denise Sweet from BOA escrow accounts ($600)
d) Considered Separately as Resolution 3
e) Approval of ABC Social Affairs permit for Beer Garden at Chowder Fest (S/E application was previously approved)
f) Progress payment #1 to Derasmo Excavating for emergency sewer repairs – Delaware Avenue ($13,205.50)
g) Considered Separately as Resolution 5
h) Approval of revised ‘Adopt-A-Spot’ guidelines
i) Payment of annual contribution to PPB Fire Co #2 ($17,000)
j) Payments to the Galvin Law Firm from Planning and Zoning Board Accts ($3607.50)
k) Payment to F & C Auto Supply for auto/truck parts and supplies ($3500)
l) Payment to Pitney Bowes for prepaid postage ($3000)
m) P O to Black Lagoon for herbicide treatment at Lake of the Lillies ($4850)
n) Approval of computer generated vouchers ($237,904.98)
o) Payment to Lasting Lines for line painting ($24,808)
p) Approval to advertise and hire P/T records clerk in the Police Dept. (Closed Session)
q) Authorization to advertise for temporary P/T clerk in the Finance Dept. (Closed Session)
r) Appointment of Craig Enz as interim Tax Assessor (Closed Session)
s) Appointment of Karen Mills as Planning Board Clerk (Closed Session)
t) Authorization for Administrator to meet with Buildings & Grounds Committee, to select road for DOT funding, for submission of application by Borough Engineer
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Clerk Ellsworth explained the application and interview process and the necessary qualifications for the position in the Clerk’s office – the person recommended will not require medical benefits.
Motion by Councilman Cavagnaro to adopt the item listed below was seconded by Councilman Reid and carried by the following roll call vote:
RESOLUTION 3: Promotion of assistant clerk/clerk typist in the Clerk’s office from part/time to full/time status
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon….YEA
Councilwoman Tooker….ABSTAIN

RESOLUTION 4 (Opposition to offshore LNG facilities) was discussed. Councilman Gordon: concerned that only the cons were presented – Council and the community should be educated on the pros – someone should come before Council – suggested the matter be tabled (Councilwoman Tooker: asked that it be placed on the next agenda; Mayor Barrella: will put something on the next agenda, if the motion to table passes – invited whomever would like to come to speak).
Motion by Councilman Gordon, to table action on opposition to offshore LNG facilities, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA
Councilman Reid….Recused himself

RESOLUTION 5 (Approval of ABC One-Day License Extension Permit for White Sands) was discussed. Clerk Ellsworth explained that the White Sands is looking for a one-day extension for a wedding (Mayor Barrella: asked if it is being held on the east or west side) believes it’s the east side of Ocean Avenue, in the beginning of October (Councilman Cortes: asked if they had ever asked for this before) no – has seen weddings take place on the east, but the party adjourned to the west side for the reception; Councilman Reid: asked why they are requesting this now) the wedding party asked for it (Councilman Gordon: hates to deny anyone this, but thinks it would set a precedence and open the flood gates) they are only allowed about 12 per year (Mayor Barrella: in the summer, they’re not able to do it, and in the winter, they won’t want to do it – let’s focus on whether Council has done this for other license holders, how frequently, and under what circumstances) yes – once or twice, it was a charitable event and once it was a private event – doesn’t think it was done often – believes, when they held the Benihana festivities on the beach, they required an extension (Councilman Reid: asked Chief O’Hara if he sees this as a problem; Chief O’Hara: until it was on the agenda, he didn’t know anything about it – didn’t come before him for review – in the past, have not had a problem with weddings anywhere in town, but he doesn’t have any of the specific plans; Councilman Reid: asked Clerk Ellsworth what happens, if Council denies – have been put in a bad position; Mayor Barrella: they will have to have their reception indoors, in the catering facility on the west side – White Sands should have thought about this sooner – they put their customer in this position; Councilman Mayer: asked Attorney Gertner if he is concerned, legally; Attorney Gertner have done it before – it’s a one-time event – the issue is in waiving portions of the ordinance; Councilman Mayer: because you are not extending a license, you are allowing an event – asked if it violates the ordinance; Attorney Gertner: this is an extension of liquor service east of Ocean Avenue for one day – where it doesn’t pre-exist; Councilman Cavagnaro: asked if they want a tent, or would need permission for that) they would need permission, but hasn’t heard that they’ve asked for it (Councilman Gordon: asked if this becomes moot if the White Sands gets their issue resolved, the way they want, to move their license to the east side; Mayor Barrella: no, because Council has the ability to restrict it; Attorney Gertner: this is a test run for them; Councilman Gordon: if, in fact, the license does get transferred, this will become the standard order of business – if that’s the case, there is no point in turning it down; Attorney Gertner: took him 8 months to plan his wedding – it’s interesting as to how this came about; Councilman Gordon: if the restaurant isn’t done on the ocean side, they would get married and drink on the ocean side and then walk across the street to eat; Mayor Barrella: would have been nice to have this on August 10th, rather than September 10th; Councilman Mayer: it’s dated August 15th) it came in either the day of our last meeting, or the day before our last meeting and would have had to be placed on an Addenda for consideration.
Motion by Councilman Reid, to deny approval of ABC One-Day License Extension Permit for White Sands, was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer*, Gordon, Tooker….YEA
*Councilman Mayer: asked if they can bring their own liquor (Attorney Gertner: that’s open to interpretation – goes to the argument of whether it’s a unified building – if so, and a portion is licensed, it cannot be a BYOB; Councilman Cavagnaro: they testified to Council that it is; Attorney Gertner: yes, they did; Councilman Cavagnaro: they testified that they let their patrons bring drinks from the bar, across the street to the pool area – asked why they are asking for permission now).

Ordinance 2013-33 (Non-Union Personnel Salaries) was considered on second reading. Public hearing was opened and closed with no member of the public wishing to be heard.
Motion by Councilman Gordon to close public participation and adopt Ordinance 2013-33 was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

PUBLIC PARTICIPATION BEGAN AND ENDED AT 9:41 PM
with no member of the public wishing to be heard.

Meeting was adjourned at 9:42 PM by consent of Council.


Transcribed by:
Eileen Farrell, Deputy Clerk


Attest:
Maryann Ellsworth, Municipal Clerk


Published December06, 2013 | Council Minutes | 1738


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