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October 22, 2013

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:43PM with Mayor Barrella and Council Members Reid, Cortes, Cavagnaro, Mayer and Gordon present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act. Councilwoman Tooker arrived at 6:45 PM.

Motion by Councilman Cavagnaro, to enter closed session to discuss two personnel, three contract negotiations, five potential litigation, attorney/client privilege and discussions regarding dunes/ocean access, was seconded by Councilman Cortes and carried by roll call vote. The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Closed session began at 6:45 PM and ended at 7:39 PM.

Mayor Barrella called the regular meeting to order at 7:46 PM. Present were Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon and Tooker. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Gordon, to approve the July 30, 2013 Council meeting minutes as corrected (1997 should be 2007 on second to last page), was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Councilman Cavagnaro: the Historic Preservation Commission has asked me, as Chairman of Buildings and Grounds, to present a list of 25 homes that they would like acknowledged as historical – simply placed on a list that they exist and the public acknowledges them – does not in any way bind the property as far as the Building Department is concerned – first step in trying to protect some of the history of our community – as a Commission, it’s one of their obligations to present this information to the Council – would like to add list to resolutions (Councilman Gordon: noted that businesses were included along with private residences – cautioned Council, prior to approving this, to become educated as declaring something as a historical building hamstrings the town in a number of ways – these buildings have been around for a long time – passing something today would be hasty – should educate ourselves on the ramifications) only an ordinance would hamstring the Council – adding the buildings to a list would be part 1 of the process – the ordinance would be part 2 (Councilman Gordon: asked if there was a formal resolution to review; Attorney Gertner: as a compromise, suggested that members of Council and himself get together with Commission Chairman Cox to put together a formal resolution so that Council concerns are addressed; Councilman Gordon: don't interpret my caution as being against this – important to understand what ramifications our actions will have at the State or the National Historic level – hamstrung in many ways – on how you can modify the building or address maintenance to the building; Councilman Cortes: asked if the owners of the affected properties been notified that their properties were on this list; Councilman Mayer: after speaking with Mr. Cox, the question is how to encourage the maintenance and upkeep of historical properties without damaging the value the owners currently have; Mayor Barrella: good first step would be to notify these property owners, including what it means) did check with zoning and construction officials and just recognizing them does nothing without an ordinance in play (Councilwoman Tooker: have brought up many times over the last six years, that I would like the Commission to start working on this and am glad they've started by compiling this list – need to start looking at ways to preserve some of these structures; Councilman Reid: also urged caution in moving forward).

Chief O’Hara, Police Committee Chair Gordon and Lieutenant Michigan presented police awards. Councilman Gordon: as police liaison, this is one of the opportunities you relish because you get to recognize the good deeds of our Police Officers; on September 18, 2013 at approximately 04:15 AM, our Police Department received a 9-1-1 call reporting a structure fire at 108 Washington Avenue. Police Officer First Class (PFC) Kyle Boturla was the first officer on scene, observing heavy smoke and fire coming from the front of the residence. PFC Boturla noted a parked vehicle in the driveway of the residence and confirmed from the neighbor that the homeowner was probably still inside. At this time, the front of the house was fully engulfed in flames making entry through the front door impossible. PFC Boturla ran around to the back of the home and located a rear door. He yelled out for anyone who would hear him and then forced entry into the home by kicking the rear door in. PFC Boturla was immediately met with heavy smoke and intense heat forcing him to crawl into the home. PFC Boturla shortly located the homeowner, Eugene Burger, in the downstairs hallway, face down and unconscious. PFC Boturla dragged him back out of the rear door and was met by PFC Christopher Mosca. Both officers carried Mr. Burger out onto the sidewalk and administered first aid. Mr. Burger was administered oxygen and upon being loaded into the ambulance was awake and alert to his surroundings. During the entire incident, Dispatcher Christopher Burger calmly and professionally coordinated the response of the Fire Department, First Aid Squad, and Paramedics. If not for the quick and heroic actions of these officers, the outcome of this structure fire would almost certainly have been a tragic one.
It is the Awards Committee recommendation that PFC Kyle Boturla be awarded the department’s highest award, the Award of Honor. The award presented to PFC Boturla read “In recognition for an outstanding act in the line of duty above and beyond what is required, at imminent personal hazard to life with full knowledge of the personal risk involved, specifically: For entering a fully involved structure fire at 108 Washington Avenue and rescuing Eugene Burger, who was found unconscious inside the residence.”
It is the Awards Committee recommendation that PFC Christopher Mosca be awarded the Lifesaving Award. The award presented to PFC Mosca read as follows:” In recognition of an act performed in the line of duty, which through prompt and alert action, resulted in the saving of a life, specifically: With the assistance of PFC Kyle Boturla, rescued Eugene Burger from a structure fire at 108 Washington Avenue.”
It is the Awards Committee recommendation that PFC Kyle Boturla, PFC Christopher Mosca and Dispatcher Christopher Burger be awarded the Unit Citation. The award presented to PFC Boturla, PFC Mosca and Dispatcher Burger read as follows: “A team effort under extraordinary conditions including all participating staff members, who in support of departmental operations distinguished themselves to effectuate the protection of life and property, specifically: In recognition for your actions and assistance during a structure fire at 108 Washington Avenue.”

Robert Burger, Marlboro – NJ: you’ve all heard the definition of a hero – uncertain of what fires would bring, they trusted in faith to save another – Officers Boturla and Mosca pulled Dad to safety – Officer Mosca assisted in Dad’s First Aid – faith is being sure of what we hope for and certain of what we do not see – these brave men did not guess at what disaster was ahead but moved forward with how to protect Dad and get him out of there – it’s hard to imagine such a disaster – during the flood, the water missed our floorboards by 2 inches and then this strikes – Dad is making major progress – thanked the Spaders, neighbors who made the 9-1-1 call – truly believe that it was only a matter of 30 seconds – acknowledged the Fire Department, Chief Fox and his men and all who were a part of this – Officer Mosca made the statement that someone was looking over Dad – wife recovered ‘Guardian Angel’ from jewelry box in bedroom a week later.
Councilman Gordon: On 7/08/13 at approximately 5:00 PM, the Police Department received a 9-1-1 call reporting a male subject who was suffering from a possible stroke at the VFW Building. Upon arrival of the officers, Alan Laymon was found unconscious on the floor with several patrons surrounding him, including off duty Special Officer (SO) Matthew Nickerson of the Pt. Pleasant Police Department. After assessing the scene, it was determined that Mr. Laymon had no pulse and was not breathing. The two officers administered CPR while hooking Mr. Laymon to the AED or defibrillator. The officers, Master Sergeant (MSGT) Robert Goessel and PFC Scott Nase, administered two shocks with the defibrillator, which resulted in a pulse being restored to Mr. Laymon. The First Aid and Medics transported the man to Brick Hospital where upon arrival he was alert and responding to questions by medical personnel. If not for the immediate medical assistance of Officer Nickerson and subsequent actions of MSGT Goessel and PFC Scott Nase, Mr. Laymon may not be alive today.
It is the Awards Committee recommendation that MSGT Robert Goessel and PFC Scott Nase be awarded the Life Saving Award. Unfortunately, MSGT Goessel could not be here this evening. The award presented to PFC Nase read as follows: “In recognition of an act performed in the line of duty, which through prompt and alert actions, resulted in the saving of a life.”
Alan Laymon: anyone who has come back from one of these life and death situations and been as fortunate as I am knows that it’s impossible to find adequate words to express the kind of gratitude that I feel towards this officer and the other two officers who brought me back to life – thank you – my wife says thank you and my family says thank you.
Councilman Gordon: Cindy Brodeur did not save any particular individual but if you ask every police officer, she’s probably saved each one of them many times over the course of their particular careers. Cindy has worked for the Borough of Point Pleasant Beach since 1984 when she was hired as a Clerk Typist. During her 30 years of service she has held positions as a Computer Operator, Data Entry Machine Operator, Senior Data Entry Machine Operator, and her current title as Confidential Administrative Secretary. Her responsibilities range from data entry, maintaining all police records, being the confidential secretary to the Chief of Police, compiling and providing statistics and the timely reporting of mandatory information and material to Federal, State, and County agencies. This is just a short summary of what she does as there are many things that often go unnoticed, but certainly not unappreciated. I asked some officers to comment on what Cindy does and received the following: it’s hard to put into words what Cindy truly does for this department. She is one of only two secretaries and in these austere times she does the work designed for many more staff members. The results of her hard work are recognized and lauded by many law enforcement agencies that receive her reports and the product of her efforts. Three such agencies would be the Ocean County Prosecutor’s Office, the New Jersey State Police and the Federal Bureau of Investigation. Cindy is that “go to” person in the department. She possesses a remarkable ability to retain information. If a question needs answering, Cindy typically has the answer and in the rare instance she doesn’t, she will bend over backwards to find the appropriate answer. Cindy’s commitment to her profession and to the people she works with is second to none. She is the most dedicated person that they’ve had the privilege to work with and they certainly wouldn't be where they are without her.
It is the awards committee recommendation that Cindyjean Brodeur be presented with a Certificate of Merit. The award presented to Cindyjean Brodeur read as follows: “Awarded for the deliverance of outstanding service to the department and the citizens and visitors of the Borough of Point Pleasant Beach.”
Councilman Gordon: Mike McCarthy is the owner of McCarthy Contracting and lives here in Point Pleasant Beach. With the retirement of K-9 dog from the Point Pleasant Beach Police Department, the department added another Police dog and handler to the roles. Police Officer 1st Class Paschal Drew and K-9 Loki started Patrol Dog training in September. Prior to training, PFC Drew needed a dog kennel built in his back yard. Mike was asked to provide his expertise on costs and plans for construction. Within days, Mike had plans for construction, was able to obtain discounted prices for materials, and offered to donate his labor costs. Mike’s generous donation of his time and talents is greatly appreciated by the Police Department. It’s people like Mike that make the town of Point Pleasant Beach the great town it is.
The plaque presented to Mike McCarthy read as follows: “In grateful recognition of your continuing service and support to the department as well as the citizens of Point Pleasant Beach.”
Councilman Gordon: Jeffrey Pompeo is an attorney who owns a home at 107 New Jersey Avenue. Jeff is a constant supporter of the Police Department wherein over the course of ten years he has donated thousands of dollars to the Bike Unit and Boardwalk Operations. Jeff’s past donations have allowed for the purchase of Police Bikes, a T-3 all-terrain vehicle and many others. Jeff again has stepped up to the plate and recently donated a large sum of money to help fund a new Police dog. Thanks to this generous donation, the Police Department was able to purchase Loki, a 14 month old black German shepherd. Jeff’s generous donations over the years are greatly appreciated by this department. Again, it is citizens like Mr. Pompeo that make this town the great town that it is.
The plaque presented to Mr. Pompeo read as follows: “In grateful recognition of your continuing service and support to the department as well as the citizens of Point Pleasant Beach.”
Councilman Gordon: On 10/2/2013 at approximately 8:48 AM, the Police Department received information from Brick Township Police that a subject wanted for a domestic violence incident in their town the night before was en-route to the Point Pleasant Beach train station via taxi. Brick Township Police Department provided the name of the subject who reportedly was armed with a handgun and suicidal. PFC Kowalewski immediately responded to the area of the train station locating the taxi cab. PFC Kowalewski initiated a motor vehicle stop and obtained information from the driver indicating that the suspect had entered a local diner. PFC Kowalewski and SO Blauvelt entered the diner and immediately received reports from a waitress that the suspect had fled out the back door. At this time, Detective First Class (DFC) Daniel, Cpl. O’Neill and PFC Mosca began searching the area and set up a perimeter around the immediate area.
With the assistance of several other neighboring police agencies, officers were able to secure the roads and limit pedestrian traffic in the area. All the local schools were notified and instituted their emergency lockdown procedures. The Brick Township SWAT team, the Ocean County Regional SWAT team, Brick Township K9, and the NJ State Police Aviation Unit were notified to provide additional support.
Upon the arrival of Brick Township SWAT officers and after an unsuccessful attempt by Brick K9, a systematic search of the downtown area began. The suspect was ultimately found on the roof of the Point Pleasant Hardware Store and subsequently shot himself in the head prior to being apprehended. He later succumbed to his self inflicted gunshot wound.
It is the Awards Committee recommendation that all officers who participated in this call receive the Unit Citation. The award read as follows: “A team effort under extraordinary conditions including all participating staff members, who in support of departmental operations distinguished themselves to effectuate the protection of life and property.”
The following is the list of all officers involved: Captain Dikun, Lt. Michigan, Cpl. O’Neill, PFC Kowalewski, DFC Daniel, SO Valerie Blauvelt, PFC Christopher Mosca, Cpl. Grace, PFC Meany, Sgt. Quaglia, Dispatcher Larrison, Dispatcher Marsh, part-time Dispatcher Dempsey, SO Greenwood, SO Michael Slininger; SO McGuire and SO Gatnarek. On behalf of a remarkable, grateful town, we thank you for a job well done.

Department Head memos and other matters were discussed; Attorney Gertner: State of New Jersey has developed this “Best Practices” guideline to help municipalities run more efficiently – one of the items Council decided to address was limiting the town’s workman’s compensation liability per injured employee to the cap provided by State temporary disability – there will be an ordinance addressing this on for introduction at the next meeting – 2nd item, taxi ordinance, has been bouncing about for a little bit – wanted to get latest draft to Council for input to get any recommendation in before introduction – would allow for a seasonal taxi license, which was recommended by the Police Department and which would address the rogue cabs, which are unregulated, that tend to line up at bar closing time – would address health and safety concerns while generating a little additional revenue (Councilman Cavagnaro; asked if this would cover the jitney proposed several meetings ago) no – there was a draft ordinance to regulate pedi-cabs (Councilman Reid: motorized jitney that was picking-up people – want to encourage them coming in to pick-up people at bar closing, but want to ensure they’re safe and licensed; Councilwoman Tooker and I were working on this about a year ago) introducing this year will give us time to get the application process in place for next season; Mayor Barrella left the room at 8:24 PM and returned at 8:26 PM; Clerk Ellsworth: Kidney & Urology Walk is scheduled for the same date as that requested by the Rotary Club – reached out to Rotary to reschedule to Saturday but they have other events planned that day – asking that they coordinate time with Kidney & Urology as both groups want to use the Boardwalk (Councilman Cavagnaro: understand this is a one-time event in coordination with their conference which is being held in Point Pleasant Beach – do not want to add another annual event; Councilman Gordon: could add that to the resolution; Mayor Barrella: subject to working out the logistics).
Councilman Reid: spoke about energy aggregation would be for Beach residents, businesses and Borough buildings – would like to join the Howell Co-Op and appoint Commercial Utility Consultants (CUC) as the Beach’s power broker – currently Bay Head and Belmar have joined the Howell Co-Op – get a better deal with more properties – will go to market for both electric and gas – few that are in existence throughout the State are averaging savings of 10%-12% (Attorney Gertner: this particular company is part of that Howell Co-Op – benefits to PPB for joining is that it’s a broader scope – more folks involved allows for a deeper price cut) Howell already went through the RFP process and appointed CUC – their job is to meet with and educate the residents – will bring the businesses together and go to auction for them, as well – can opt out anytime you want without a penalty (Councilman Gordon: asked if there are other companies that aggregate both gas and electric and about circumventing the RFP process) other three I talked to were only doing electric (Attorney Gertner: CUC was chosen by Howell through the RFP process and, through the Co-Op, Howell would be the lead agency; Mayor Barrella: asked if this was comparable to a Shared Services Agreement; Attorney Gertner: yes; Councilman Gordon: asked, in order to put the matter to rest, if there was any conflict of interest between Councilman Reid’s company and any of these energy companies) no (Councilman Cavagnaro: from what I heard and observed at Finance Committee, think it’s an excellent idea – thanked Councilman Reid – going to be good savings for the municipal governments as well as and residents; Mayor Barrella: thanked Councilman Reid and asked that the principles of CUC make themselves available to meet with the other Council members; Attorney Gertner: to clarify, Councilman has asked that Ordinance be introduced on first reading tonight and then after adoption will have two resolutions – one to join the Co-Op and the second to choose the company – series of events but really a package).
Councilman Cortes: had a discussion with Borough Engineer on the proposed ‘Story’ Ordinance – had some ideas which were incorporated – would like to introduce tonight (Mayor Barrella: some concerns from other professionals – what we are facing is buildings that will be as high as those on the south side of town on Beacon Lane – if we want to do this without them having to go before the Board of Adjustment, enough here to introduce – not sure who it benefits – when I asked that question of the Borough Engineer, he stated it would help those who want to raise their homes – if you don’t raise it and leave is just the same way it is, the State Statute doesn’t apply and the freebie, essentially, the base flood elevation plus three won’t apply, and our 35-foot height elevation, or in the case of raising your house, 38-foot won’t apply – if anyone took a 1.5-story house and made it 2-story, that would not automatically qualify for the base flood plus three and, under our regular rules, would have to go for a variance – worried about absent property owners who are looking to maximize the size of their houses as rentals) this is house cleaning – makes our ordinance consistent with the State guidelines adopted March 19th (Councilman Mayer: will treat the first floor as a garage and storage, not as a story – without this ordinance would take 3-5 months; Mayor Barrella: town has no control once this ordinance is passed; Councilman Cavagnaro: concerned, after speaking with zoning official, is potential litigation with those on west side of the tracks, since you can get this is if you’re in a flood zone, but not if you’re on the west side; Attorney Gertner: this changes the definition of story; Councilman Cavagnaro: only in a flood zone; Mayor Barrella: might have to create a new zone, it’s not that simple; Councilman Cavagnaro: other concern is RR1 zone, bungalow area – this applies to them also, as that’s in a flood zone) but not changing height restriction there (Mayor Barrella: but the state has adjusted that height restriction for you – as long as they don’t put back a bigger house, they can go up base flood plus three feet – so we’re going to be looking at a bunch of silos and we’ll have no control over those silos – may be a great idea – just pointing out some of the potential problems.


Councilman Reid: reached out to John Trout and Jim Broyles – have nothing to report.

Councilman Cortes: spoke with JCP&L and there is no way that they are going to start relinquishing street lights in public ROW, as the Board of Public Utilities would not allow that – already giving us $8K of equipment, so not going to give us any other money; acknowledged the Fire Department for coming to the aid of the Police when the gunman was downtown – brought out the ladder truck to assist them – will do a presentation next month on vehicles; First Aid responded to 925 calls since February – there were 149 in June, 219 in July, 191 in August and 110 in September – 4th annual Monster Dash is this Saturday; Recreation Committee had basketball sign-ups last Saturday.

Councilman Reid asked why it’s pitch black on Boardwalk at 5:30 AM (Engineer Savacool: dark in plaza area – all the other wiring, north of Parkway and south of Arnold, is brand new, so those lights should be on – after the Seaside fire, had lights turned off in Plaza area, as it’s to be reconstructed shortly – wiring is old in that area and didn't want to potentially suffer the same fate – light from the existing buildings provides some light in that area).

Councilman Cavagnaro: Chamber’s Chowder Fest is scheduled for Saturday at the Inlet – train lot is a back-up if there are heavy winds; Engineer reached out to the County about replacing two of the Lake Louise valves, but have not yet received a response – also looking into the town being able to utilize extra capacity on the Sea Avenue pump; Boston Avenue, between Arnold Avenue and the lake, is being repaved in mid to late November; Voice Link, an alternative to copper wire, was introduced on Fire Island in New York and later removed as it was a phenomenal failure – they currently have it in Mantoloking because, according to them, the cables were destroyed by the storm– Verizon employees have told me that the company is looking to go wireless in New York and New Jersey – Voice Link has a variety of pitfalls and concerns that people need to be made aware of – voice only, so no data, no debit/credit card transactions, no e-commerce can function under that system – it doesn’t support burglar alarms, fire alarms etc. – system has gone out, where it’s been used, on a regular basis – it can be jammed – the wiring structure will be removed and that tax revenue, even though the State has taken most of it, will go way – they suggested fiber optic system – people have been asking why we don’t have FIOS here and there were a lot of excuses, but it appears they didn’t want to go through the expense as they were waiting for Voice Link – need to be vigilant that Voice Link does not come to either our community or neighboring communities – Verizon has stated that it is temporary in Mantoloking; trees going in this past Saturday were courtesy of a grant of 75 trees procured by the Shade Tree Commission – TD bank was generous in planting the trees – about 10 trees leftover and anyone interested in planting tree on their own can contact Commission Chair, Kitty Stillufsen; thanked Superintendent Ravally – after issue with the gunman downtown, agreed to add Council Member to school phone chain.

Councilman Mayer: Finance Committee met for a couple of hours on Thursday, the 17th – spent some time on purchasing policy – thanked Kathryn Beno for attending – added her as part of ‘Best Practices’ – she is the Borough’s QPA (qualified purchasing agent) and has a CMFO certification – purchase orders should be approved before ordering – have a purchasing policy but it’s not in the Borough Code – the payment policy is in the Borough Code and provides that the voucher be approved by a member of the Finance Committee and the Chair of the Committee ‘where the purchase originates’ – there are six Borough Committees which oversee different Borough departments – like this policy, because it gets the committee close to what the department is doing and watches their purchasing – am concerned about it because the committees haven’t always been functioning (Councilman Gordon: questioned taking the onus from the department heads for managing their own budgets) saying that the existing Borough Code mandates same – reviewing the existing code – question is whether the committees should function in that capacity and not sure if the answer should be ‘no’ (Mayor Barrella: not sure if the answer should be ‘yes’ as it would be a logistical nightmare – should enforce it or change it) that’s the policy question and welcome Council input; talked about budgetary impact of new hires; went over revenues and asked BA/CFO to comment (BA/CFO Riehl: doing exceptionally well in some areas – parking and hotel/motel doing well, court revenue is down) construction department is doing well – people it’s coming from is hard but, budgetarily, we need it, so it’s difficult; started to review a sample surplus policy – need to ascertain where we’re at for next year before we can set a policy on level of surplus – comes back to regeneration and whether there is any structural imbalance – we need the revenue numbers to come in; talked about severance for departing employees; talked about the assessor – asked if we’d started advertising on that (BA/CFO Riehl: advertised and have received a handful of resumes – goal is to appoint at the November meeting, as Borough needs an appointed assessor to defend any added appeals that would come out in December and to sign-off on the book in January – would fill existing term through June of 2015) tenure period would have to be a full four-year term; spoke about energy aggregation – met with reps of CUC, along with BA/CFO and Councilman Reid – they were impressive – don't see any downside to it; many of the town computers are utilizing XP, which will no longer be serviced after April 2014 (BA/CFO Riehl: United Computer is compiling a list of affected computers and replacement costs and will be providing a recommendation); received a memo about police cars, not budgeted since 2007 or 2008 (Chief O’Hara: request 2 every year but it doesn’t make it through the budget process).

Councilman Gordon: no report

Councilwoman Tooker: provided Building Department report – $173K last year for building permits compared to $474K this year – paperwork to be reviewed is backed up – understaffed and advertising – mercantile fees are down slightly – rental COs are back-up and Fire is about the same; had a small fish kill in Lake of the Lillies last week – thanked Pete Ritchings and Tom Davis from Environmental Commission and Borough Engineer for being on top of it – apparently, the water samples weren’t taken in time – neighbors were concerned it was the spraying, but not the case – talked to Borough Engineer about looking into solar aerators – several weeks with no rain, so dissolved oxygen may be the issue (Borough Engineer: can take a look into aerators and circulate information for consideration; Councilman Cavagnaro: asked if there were birds involved) noticed several decomposed gulls, usually the result of snapping turtles, not from the recent incident (Engineer Savacool: sprayers documented the sea gull remains on shore; Councilman Reid: asked if DOT has cleaned pipes going into the Lake; Engineer Savacool: had a discussion with them regarding the lakes and the impact state highway runoff has on them – discussed storm water pump station – DOT committed to cleaning their infrastructure and surveying for damage; BA/CFO Riehl: cleaning is complete but not the televising – found some areas in need of repair but they indicated they need to find funding for repair; Councilman Reid: asked about calling local 10th District representatives to finding money for us; Mayor Barrella: spoke with Anthony Attanasio – asked if he had provided paperwork for Borough Engineer; Engineer Savacool: started paperwork, but need some background data from the Chief) County needs to clean out their infrastructure (Borough Engineer: spoke to County and that’s been done); Environmental Commission is meeting with the company that the school uses next week about the receptacles – Commission would also like permission to work on planting project on New Jersey and Atlantic Avenue street-ends; congratulated Kim Dietz as Farmers Market was voted one of the best in the area; invited all to PPB High School's unveiling of veteran's mural on 11/11 at 8:30 AM; need to decide on tree trimming at the gazebo (Councilman Cavagnaro: have only heard from three members – ultimately the Council may have to decide, based on the Chief’s recommendation, as this is a safety issue – the Administrator can authorize it) DPW can do it and a couple of them are core trained; town has to do something about a dune at Maryland Avenue (BA/CFO: need access; Councilman Reid: spoke about need for dune at Washington Avenue).

Mayor Barrella: received a $50K check, last week, which was the first installment from Jenkinson's agreement to help defray the cost of reconstructing the Boardwalk – agreement signed by us and them; talked last meeting about what had occurred here and, ultimately, culminated with an accident in Old Bridge that claimed the life of one young lady and seriously injured a nurse – Captain Dikun has reached out to his contacts at the ABC, but we haven't received any information – am becoming concerned as it’s been over two months – not sure ABC has all the facts – asked Chief if he recalled the “Strippers and Clippers” promotion (Chief O’Hara: promotion to attract beauticians and other restaurant/bar employees) was an afternoon promotion – these are things that need to be considered by both this Governing Body and the ABC – concerned politics might be playing some role (Councilman Cavagnaro: suggested passing a resolution, with the request coming from the entire Council; Attorney Gertner: this Governing Body has an obligation to review facts at renewal – should let the process move forward).

BA/CFO Riehl: no report

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 9:27PM

Peter O’Rouke, Point Pleasant Beach (PPB): somehow, something has changed with the house that was razed during the winter on Hayes Court – all the houses are in a row, except for the one that is being rebuilt – this house will stick out into the Court by about 4 feet – lived there 65 years and all of the ‘Bungalow’ rows have been straight – foundations are lined-up, one by one – somehow, this person got permission – spoke with Code/Zoning Officer Petrillo and was told there was nothing to stop them from encroaching into the easement – 20 years ago, the first two houses on the Court were being constructed with the second on Hayes Court encroaching into the easement – the building inspector at the time made them move it back in line with the other homes, even though the foundation was already poured – did the same thing with a house that was being built on the south side of the Court – Ms. Petrillo said she would look into it, but I haven’t heard back from her – spoke with the owner at 16 Hayes Court, who verified that the storm uncovered a foundation that was never utilized – they are using that foundation to rebuild, however – Ms. Petrillo said she could find nothing that hindered building into the easement – this house will be 3-4 feet out of line with the rest of the houses – been here 65 years, with all new and rebuilt homes remaining in line – about 12 years ago, a neighbor at 6 Hayes Court was told he could not come out any further than the original footprint – asked how he could prevent this from happening – there were no letters to surrounding property owners as it did not require a variance, but he’s not staying in the footprint, it’s gone (Mayor Barrella: asked the Attorney if the appropriate action was to refer matter to the BOA; Attorney Gertner: appears that way, but this is the first time matter was brought to his attention – asked who owns the ROW) nobody knows (Attorney Gertner: continuing policy issue that Governing Body is wrestling with on this and a variety of issues – the titles to these private alleyways and ROWs through these associations are not known – everything has been moving along smoothly – but these tacit agreements between homeowners has become a potentially unfortunate consequence of the storm, due to changing tastes – neither the Administrator or myself are versed in this particular situation; Councilman Reid: asked where they were in the construction process) have poured the foundation – the owner, who has only owned the property one-year, told us nothing was going to change – but, noticed it was encroaching into the ROW when the foundation was poured – when Mr. Harper went for his variance to extend his second floor deck out two feet, rumor had it that the ROW had to be maintained for access by fire vehicles – the new fence doesn’t open, so you can’t drive up the Court anymore – was told by Code/Zone Officer Petrillo that middle of sidewalk is dividing line and if someone fell on the north side it was the northern property owner’s responsibility and vice-versa for the south – neighbor has a letter, signed by the Borough Attorney in 1981, stating that no cars would be allowed to drive up Hayes Court, but when I was a kid, I used to drive up the Court to my mother’s house to unload the car – wanted to bring it to your attention, due to quality of life and historic value issues (Councilman Cavagnaro: concerned, due to safety issue and access by fire vehicles – would like to see the town pave those alleyways eventually for access by emergency vehicles) in the easement between #s 14 and 16, it’s written that it has to stay a certain width for access by fire vehicle (Mayor Barrella: will investigate matter).
Clerk Ellsworth: added items to consent resolution 4.
Ben Dispoto, PPB: expressed concern with adding seven new employees to the town – work was being done by full-time, part-timers (Mayor Barrella: been advised that the category of 11 months was not going to work with Obama Care) noticed that other towns were going to part-timers under 30 hours (Mayor Barrella: four from DPW were working 40 hour weeks – when you did your Obama Care look-up, they would need to be covered by benefits) not if you changed them to 30 hours or less and added more employees; concerned about creating long term, permanent costs into the future (Councilman Gordon: asked for specific towns) Toms River, Middletown Brick (Mayor Barrella: those towns have 50,000 to 70,000 people with a huge workforce – cannot compare replacing someone in Toms River payroll department, that has 6-8 people, with a part-timer to PPB, which has one person – entirely different issue; Councilwoman Tooker: didn’t hire new positions – people left and were replaced by part-timers – new salary resolution moved starting salary to $25K and some of the people waived their benefits – you can’t run town on part-time positions – work was not getting done with things piling up; Councilman Gordon: also need to attract quality people – to think that we could populate the work force with part-timers is an unrealistic scenario) passed a budget weeks ago (Mayor Barrella: these positions were budgeted) point is that town has added a permanent on-going expense when there is another way to go (Mayor Barrella: not if you want to remain a viable, independent town – if you want to be consolidated with another municipality, the way to go is to starve yourself to death until you disappear) could have added more part-timers (Mayor Barrella: need to find people competent to do the work, who are not going to leave a few months later, after being trained, so that you are in a constant training situation – there’s a lot that goes into management along with looking for the cheapest price; Councilman Mayer: with regards to DPW, there was a lot of discussion and give and take regarding those four employees – was a tragedy there in management last year, these people have been there several years and needed to go full-time – that budget was through – also, a promotion in the water/sewer account clerk position – that position had been open with someone in training – wasn’t thrilled about the speed with which it moved, but that was planned and done – there was an authorization that came out of closed session for payroll clerk and clerk in building department that will ask to vote on separately – the argument is that the salaries are not high but the benefit costs are extremely expensive – there are caps and there is a potential issue next year; Councilman Gordon: the people of PPB deserve quality services – we weighed the part-time approach – not all are in agreement – the only way to run this town in a quality manner is to attract dedicated employees – part-timers are short timers who will not provide the quality of service that our taxpayers deserve) agreed with Councilman Gordon but the economy and the world are moving in the opposite direction (Councilman Gordon: part-timers, under 30 hours, are now mandated to provide their own medical benefits – if, they don’t, they are docked 1% of their earnings – makes it even harder to attract quality people for these jobs; Mayor Barrella: you’ve heard from Councilman Mayer and the police clerk is replacing Lil DeRocker who is retiring – the cause comes down to one position; Councilman Mayer: two; Mayor Barrella: so one or two positions is going to become the focal point for government waste – government waste is total inefficiency because you have unqualified people trying to do the job in part-time hours – when you have someone running around, doing four different jobs and not doing any one of them well, because you have a Council that’s unwilling to commit to making sure that Point Pleasant Beach remains its own independent municipality) my point was about the long-term costs being created for the future.
Vince Castin, PPB: asked about valves in Lake Louise (Councilman Cavagnaro: County hasn't answered request and will be talking about Sea Avenue pump too); VFW is having a Veteran’s Day service on 11/11 at 11AM, followed by service at Antrim School; asked if energy consultant was going to make presentation here (Councilman Reid: will be making several presentations; John Dunn, Aggregation coordinator from CUC: Howell is the lead agency of Co-Op – waiting for more towns to pass the ordinance and resolutions – once we have the numbers, the PUC and DCA need to approve and will take another 30 days to go out to auction – JCP&L takes a month, once the files are up-loaded to them – then the auction can take place – at least a 2 to 3 month process – looking at electric first) contacted by company that can do 10% on gas and electric at my house (Mr. Dunn: once this is approved, going to do an outreach, explaining the program to all of the residents in all of the Co-Op towns – you can opt out at any time, staying with JCP&L and NJNG or go with another third-party provider); asked how historic buildings are determined (Councilman Cavagnaro: goes by criteria from the Secretary of the Interior; Councilman Mayer: not only identifying locally, but with the Department of the Interior); asked about missing swings in Pleasure Park (Councilman Gordon: replaced last year; Councilman Mayer: asked if they didn't they just put a new set in during September) missing at least 6 months (BA/CFO Riehl: equipment was delivered without the appropriate chains for hanging – waiting for new chains to arrive – will follow-up).
Tom Davis, PPB: Complimented Councilman Reid on energy aggregation program – switched to one of these programs and got a little savings; comment made about the computers and switching to Windows 8 – recommended moving to 7Pro, which is much more stable; asked what happened to DCAs offers of help our towns with inspectors (Mayor Barrella: sent out different people different days, instead of the same several days in a row); don't have data to say it was a low dissolved oxygen issue but have enough pieces of the puzzle to say that is most likely what happened – lot of loading from geese feces, hot dry weather and sudden rain event – did research on herbicide that was used and there are absolutely no reports of fish kills associated with the application of this herbicide.

Motion by Councilman Mayer, to close public participation, was seconded by Councilman Cortes 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 10:03 PM

RESOLUTION 1 (Person to Person transfer of ABC license in ‘Pocket’ status from Southern BBQ Ribs, Inc. to Martin Fish & Oyster House LLC) was considered.
Clerk Ellsworth: police report was included in agenda packets and both the attorney for the applicant and Tom Mauro, the current license owner, are in attendance; Councilman Reid: asked where it would be located (Robert Lang, Attorney for Martin Fish and Oyster House LLC: Dan Cohen, principle of the applicant, is purchasing license in hopes of developing property he owns on Channel Drive – in conceptual stages – hoping to have something within the next 6 to 12 months to go before either Planning or Zoning Board – must return for a place to place transfer); Mayor Barrella: asked about plans for current property (Thomas Mauro, Southern BBQ Ribs, Inc: have options after the transfer is complete – Brave New World has expressed interest – every time Code Officer calls with a complaint, I take action); Attorney Gertner: been a ‘pocket’ license for some time and applicants have an incentive to move quickly as they have to present special reasons for not opening, annually, to the ABC during renewal process; Mayor Barrella opened matter to public.
Lee Kelly, PPB: asked for clarification of the procedure.
Vince Castin, PPB: asked about plans to develop the former site.
Attorney Gertner: record should reflect that the Police report speaks for itself and there was no written public objection.
Motion by Councilman Cortes to close public participation and approve transfer of ABC license was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Councilman Mayer: asked that items 2/U and 2/V be considered separately (Resolution 5); Councilman Reid: asked about money to pay for dog in item 2/Y.
Motion by Councilman Gordon, to approve items listed below, was seconded by Councilwoman Tooker and carried by the following roll call vote.
a) Promotion of Erin Mathioudakis to the position of clerk/typist in the Building Dept.
b) Promotion of Rose Frey to the position of payroll account clerk
Mayor Barrella: asked what was being voted on and the impact of a negative vote; BA/CFO Riehl: for part-time going to full-time in the Building Department, budgeted $29,354 for a full-time (FT) clerk in the 2013 Budget – never filled that position appointed Erin part-time (PT) – with budget reductions put in place, since we did not fill that position at budget inception, budget was $15,354 and have actual, through December, of $9,142 – that employee is on the new salary guide for a salary next year of $22,179 – FT clerk left w/o benefits – Employee/Spouse benefits were dropped and picking-up a Family plan that won’t go into effect until 2014 – in regards to Payroll Clerk, did other promotions and new hires within the Finance Department – 2013 Budget was $84,805 and will only spend $61,256 through year-end – had someone budgeted at $44K for the entire year, who left in January so only made $7K in payments – in 2014, will need $79,340 – had two health packages declined, dropped a family and picking up a family – must also look at overtime (OT) when replacing FT with PT – were over $35K in OT in the Building Department, $52K in DPW and close to $14K in the Finance Department; Councilman Mayer: during budget process Mr. Gardner said he could make due with PT in this position during 2013 – hired part-timer to work 20 to 25 hours/week – asked what full family benefits would cost (BA/CFO Riehl: $27K in 2014) no pension implications in 2014, just under $1K in 2015 – asked how long there was a PT payroll clerk (since 2010) – changing that to FT and giving full family benefits – have another part-timer you want to make FT – impact budgetarily was $27K, but impact of health benefits was over $80K – that’s $80K in addition to the $150K increase from collective bargaining agreements next year, which is already over the 2% levy cap; BA/CFO Riehl: can’t be firm on the $80K for medical benefits, as have not received paperwork from new employees as yet – will not exceed that figure, however; Councilman Mayer: 2% budget cap is strangling us – people are upset about taxes – there’s other expenses that are coming at you left and right – one of four things will happen, either it’s going to be fine with our collection rate coming in great through the end of the year and regeneration of the $1.1M surplus – what we are doing is locking in items for next year’s budget and prefer that is done during the budget process –eventually will have to go to part-time or going to have to cut back someplace else, either furloughs or four day weeks – upset that this came up without previous discussion or planning; Mayor Barrella: understand where you’re coming from – take exception to no prior notification – implemented a new salary scale for new hires – did so in spite of the fact that TWU has not agreed to a contract – did so, based upon the advice of Counsel, and the reason for doing so was that you can't run a town if you can’t replace people – had discussions about the people and about the positions – maybe you didn’t expect that when we passed that Ordinance, the next thing we would do would be to actually hire people – logical progression; Councilman Mayer: moved DPW part-timers to full-timers as discussed; Mayor Barrella: discussed much more than that – BA/CFO has been talking about PT and the need to go FT all year – asked what would happen in case of negative vote – will they go back to PT or will they quit; BA/CFO Riehl: was given authorization to advertise, given authorization to interview – they’ve been interviewed and offered the position – would have to go back and tell them it’s no; Councilman Gordon: asked BA/CFO if we can make this work; BA/CFO Riehl: don’t have a crystal ball but will do everything we can to make it work.
VOTE: Council Members Cavagnaro**, Gordon, Tooker and Mayor Barrella***….YEA
Council Members Reid*, Cortes, Mayer….NAY
*Councilman Reid: conflicted – know part-timers are working very hard and doing a fantastic job – concerned that we’re over the 2% cap already and don’t know where the money will come from.
**Councilman Cavagnaro: amount of work is increasing, downstairs, and they are falling farther behind – sooner or later the public is going to find that services are decreasing
***Mayor Barrella: don't know Rose or Erin – Councilman Mayer has made out a case that the sky is falling – if it’s a tough budget year next year, the onus will be on this year, we did it – know how to handle a tough budget – was handed a $1.4M budget gap when I took office and we made it work – you’re complaining about being $40K over a levy cap, it’s embarrassing – if you can’t do the job, quit – that having been said, am tempted to abstain and let it all fall apart – going to vote yes on 5/A and abstain on 5/B – changed vote to yes on both after hearing from Council Members Gordon and Cavagnaro.

Mayor Barrella left the meeting at 10:27 PM as he was ill and Council President Tooker assumed his duties.

Councilman Cortes: questioned if 2/G had already been paid (BA/CFO Riehl: payment was held-up by FEMA as they were waiting for monitoring reports from Arcadis); Councilman Mayer: asked for updates on all tax appeals (BA/CFO Riehl: 2/M is the only
one that's come through; Attorney Gertner: will follow-up tomorrow).
Motion by Councilman Reid, to approve items listed below, was seconded by Councilman Cavagnaro and carried by roll call vote.
a) P O to Waterway-NJ for fire hose & ladder testing ($3470.50)
b) P O to Motorola for radio replacement due to ‘Sandy’ ($6140.60)
c) Memorialize administrative action on ABC application to extend premises for Elks on 10/27/13
d) Memorialize administrative action on ABC Social Affair application changing date of Chowder Fest to 10/26/13
e) Approval of Payroll #21 ($256,543.74)
f) Payment to Petroleum Traders Corp for gasoline ($22,665.20)
g) Payment to Ceres Environmental for sand sifting ($84,849.79)
h) Fourth quarter 2013 payment to United Computer for computer networking and monitoring services ($2,550)
i) Payment County of Ocean of 4th quarter tax levy ($1,838,523.02)
j) Payment to American Pipe Cleaning for storm drain cleaning ($7400)
k) Payment to Pedroni Fuel for diesel fuel ($9557.55)
l) Payment to Brick Utilities for September bulk water usage ($83,099.73)
m) Payment to A Bar 401 & D Bar 401 for tax appeal refund ($15,844.37)
n) Payment to Johnson Realty Services for appraisal in defense of tax appeal ($4500)
o) Water-sewer bill adjustments (2 accts)
p) Refund unexpended funds from BOA escrow account ($1272.50)
q) Payments to Galvin Law Firm from Planning Bd accts ($1130)
r) Payments to T & M Associates from escrow accts ($7834.50)
s) Payments to Denise Sweet & Assoc from escrow accounts ($400)
t) Appointment of Nancy Ruiz as part-time clerk
u) Considered as Item A/Consent Resolution 5
v) Considered as Item B/Consent Resolution 5
w) Progress payment #3 to Insituform for Hot Water Cured in Place Sewer Main Lining ($23,400.34)
x) Change Order to Insituform for Hot Water Cured in Place Sewer Main Lining
y) Payment to Green Leaf for police service dog ($6000)
a) Payment to Eagle Point Gun for ammunition ($2192.13)
b) Payment to M. Woszcak for emergency water main break repairs ($14,652.78)
c) Payment to Aquatecture Assoc for police sub-station floor plans ($2600)
d) Approval of September Hand Checks ($14,692.66)
e) Approval of computer generated vouchers ($2,180,797.57)
f) Authorization for Borough Engineer to advertise for bids for Boston Avenue Reconstruction
g) Authorization for Borough Engineer to advertise for bids and Boardwalk Reconstruction
a) Payment to Hunter Construction for repairs to gazebo ($20,106.55)
b) Payment to Hoover Truck Centers for repairs to sanitation truck ($7278.78)
c) Authorization to perform property appraisal (Closed session item)
d) Approval of Rotary Club S/E application, subject to working out the logistics
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Ordinance 2013-34 (Multi-Purpose Bond) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2013-34 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-35 (Non-FEMA Boardwalk Bond) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2013-35 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro*, Mayer, Gordon, Tooker….YEA
*Councilman Cavagnaro: thanked the Storino family for their generosity.

Ordinance 2013-36 (Capital Surplus funding for Fire Chief’s vehicle) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2013-36 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-37 (Amendments to Employee Classifications/Salaries) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2013-37 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-38 (Amendment to Zoning – Definition of Story) was introduced on first reading. Motion by Councilman Cortes, to approve Ordinance 2013-38 on first reading, was seconded by Councilman Reid and carried by the following roll call vote. Public Hearing will be held on December 17, 2013, after Planning Board review.
VOTE: Council Members Reid, Cortes, Cavagnaro*, Mayer….YEA
Council Members Gordon, Tooker….NAY
*Councilman Cavagnaro: expressed concern with recommendations from Construction and Zoning Officials

Ordinance 2013-39 (Energy Aggregation Program) was introduced on first reading. Motion by Councilman Reid, to approve Ordinance 2013-39 on first reading, was seconded by Councilman Cortes and carried by the following roll call vote. Public Hearing will be held on December 3, 2013.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA


Glen Paesano, PPB: asked if Cook's Lane had been discussed – asked about swings in Pleasure Park.


Motion by Councilman Cortes, to adjourn the meeting, was carried by consensus of those present.

The meeting was adjourned at 10:37 PM.

ATTEST: ______________________________________ Maryann Ellsworth, Municipal Clerk

Published December06, 2013 | Council Minutes | 1740

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