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November 12, 2013

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:33PM with Mayor Barrella and Council Members Cortes, Cavagnaro, Mayer, Tooker and Gordon present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act. Councilman Reid arrived at 6:46 PM.

Motion by Councilman Cavagnaro, to enter closed session to discuss Personnel, two Attorney Client, Governmental Funds, two Contract Negotiation and Litigation Items, was seconded by Councilman Gordon and carried by the following 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 Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Closed session began at 6:35 PM and ended at 7:44 PM.

Mayor Barrella called the regular meeting to order at 7:51 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 Cavagnaro, to approve August 20, 2013 Council meeting minutes, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Curb cut requests were moved to Consent Resolution 3.
Kyle Grace, 22-year member, Past Chief of the PPB Fire Department; past member of First Aid, and Deputy Emergency Management Coordinator for Operations: spoke about acquiring a fire rescue vehicle through town purchase for Fire Company #2 – he, Chief Pasola and Past Chief Mickle previously met with Councilmen Reid and Cortes in reference to the use of our $1M ladder truck for all calls – that truck carries the bulk of our equipment – Fire Department has changed a lot within the last 10 years, expanding their responses beyond structure fires, car fires and fire alarms – took over vehicle extraction – got into collapse rescues, shoring up structurally unsound buildings and rescuing people – don’t have any other trucks that can carry that equipment – all our extraction tools are carried on the $1M ladder truck – respond to many FAST (Firefighter Assist and Search Team) calls – have one of the best FAST teams and respond all over Ocean County and into Monmouth County – the $1M ladder truck is loaded with the FAST equipment and travels with the FAST team, including on out of town calls – spoke with Councilmen about what could be done to start relieving the wear and tear on our $1M truck – that truck is not needed on many of the calls it responds to, except for the fact that it carries the needed equipment – have a 1972 Seagrave engine that is out of commission and are looking to replace it with a rescue truck that can store the equipment currently on the $1M ladder truck – rescue truck is available through HGACbuy, in which PPB is a member, so do not have to incur bid expenses – current Seagrave Engine does not meet NFPA firefighter safety standards – proposed rescue vehicle will fit not only the equipment currently on the ladder truck, but additional equipment in the fire house that does not fit on ladder truck – biggest issue is conserving the life of the ladder truck, so it doesn’t have to roll-out for every car accident, carbon monoxide or water-leak run – rescue truck would respond to FAST calls, keeping the ladder truck in town – could have saved rolling that $1M truck on 37% of calls in 2011, 35% in 2012 and 39% thru 9/21 in 2013 – ladder truck was purchased in 2006 and looking to lengthen its useful service life by 3 to 5 years (Councilman Cortes: asked about the typical life of the ladder truck) 20 years, but hoping to extend that by 5 years – ladder truck is currently out of service due to SWAT call with suspected gunman on Arnold Avenue – Brick SWAT overloaded basket while attempting to reach suspect on roof, which caused some weld cracks – hence, Fire Company #2 is operating with just one vehicle – estimated truck acquisition and soft costs would be no more than $450K (Mayor Barrella: asked what rolling the ladder truck entails, aside from wear and tear) compared to taking out a 4-door Honda instead of a tractor trailer in terms of gas consumption – that 40-ton truck burns a quarter tank of gas on two calls, going less than a mile – believe the $450K estimate is a little high, but a safe estimate [Councilman Mayer: asked if he was familiar with capital budget, which contains Fire Department equipment, including scuba equipment, $75K CBA (Self-contained Breathing Apparatus) and turn-out gear, and a rather large number in 2015 for a pumper] you're considering it from a money standpoint while I'm looking at it from a safety standpoint for firefighters and saving money in the long run (Councilman Mayer: asked whether the truck purchase was considered a desire or necessity) consider it a necessity, especially with a 41-year old truck, which is out of service – from both a firefighting and Emergency Management standpoint, truck would be an asset to the town for emergency services (Councilman Gordon: asked what would happen to the Seagrave) going to sell it, whether or not the rescue truck is purchased (Councilman Reid: this was in the capital budget at one time but it disappeared – something we need to look at closely and try fitting it into the budget somehow, as it’s necessary – made a bunch of good points tonight about why it’s necessary; Councilman Cortes: asked if having the rescue truck would enhance or change the town’s ISO) will bring that number up and lower fire insurance rates for PPB homes – would like to see some type of commitment tonight, start of the funding process – been at this for about a year and not asking for anything extravagant (Mayor Barrella: would need introduce a bond ordinance at the next Council meeting, for adoption on December 17th, if the Governing Body wished to move forward) for 41 years, town did not have to replace a fire truck (Councilman Reid: asked if they could put off replacing other truck for a few more years; Councilman Mayer: in 2015; Mayor Barrella: and for the other fire house) held onto our last fire truck for 41 years and did whatever it took to keep it in service (Councilman Reid: asked Chief Fox about the fire truck that the other fire house needs, and what he can get for the truck they are replacing; Chief Fox: got about $35K for the tele-squirt – this is a pumper, so probably about $25K to $30K – shouldn’t look for much from the Seagrave, due to age and the fact that it’s inoperable – pumper is a scheduled for replacement in 2015; Councilman Cavagnaro: public safety issue – truck that you do take out cannot do the job as well as the one you want – in order to protect our residents, we need to move forward; Chief Fox: something the department has needed and wanted for a long time – well thought-out proposal – department needs to evolve; Mayor Barrella: asked if town had the approximately $22K down payment in capital improvement fund; BA/CFO Riehl: believe so; Councilman Gordon: asked about taking that consent resolution out of order; Chief Fox: in the middle of a call now that the rescue truck would run on).

Correspondence from OCS Builders Group was considered; Clerk Ellsworth: requesting a waiver of work time prohibition at the Stop & Shop in order to allow work to progress from 5:30 AM to 6:00 PM, from 12/02/13 through 12/13/13; Councilman Gordon: asked if it was the number of hours that they needed to secure the work, as going from 7AM to 6:30AM would be much more palatable to those living in the area, than going from 7AM to 5:30AM; Councilman Reid: spoke with contractor – need to get in at 5AM to grind out pavement in front of the door and pave it before the store opens in the morning and then again by the loading doors – only need it 4 or 5 days; Ed O'Neil from OCS Builders Group: must do full depth on half of lot and mill/pave on the other half – early start would be needed for about 1/2 of that time – couple of times the first week and a couple of times the second week – one problem is that we’re running out of daylight sooner – if we mill early, have the daylight and sun to pave; Councilman Gordon: concern is for those residents who will be aroused at 5:30 AM for potentially two weeks straight; Mayor Barrella: clarified that early start would take place about 4 days out of the 2 weeks; Councilman Gordon: asked if store hours were being modified during process (no) and if they needed early start during both weeks; Mr. O’Neil: yes, would run it about 8 hours 12/02 and the same on about 12/09; added to consent resolutions.

Mayor Barrella: requested the item 1/r be considered separately as Resolution 4 and issue of the rescue truck bond as Resolution 5; Clerk Ellsworth made changes, removed and added items for action: Attorney Gertner: also adding two ordinances – one to vacate a portion of an unnamed alleyway between Elizabeth and Carter Avenues; Mayor Barrella: the other is authorizing the acquisition of certain interests in real properties, identified on the attached schedule, through negotiation, purchase, condemnation or Eminent Domain, in order to move forward the Army Corps Dune Project.

RESOLUTION 5 (Authorization to draft Bond Ordinance for purchase of fire rescue truck) was considered. The Mayor opened the matter to the public.
Marilyn Burke: goes back to cost and floating a bond – asked how much town has bonded so far, what is outstanding and if there is a maximum that we can float bonds for (Councilman Mayer: 3.5% of the equalized assessed valuation over the past 3 years – well within our debt limit, although it will go up because of the revaluation) most people’s taxes have gone up – we have to pay the money back – money for something we feel is important but everything we bond for is important and we have to start putting a line in the sand – know we need it, but should put it off until we pay down some of this other debt (Councilman Mayer: don't think you're ever going to be able to put a hard line in the sand – this project has been discussed for some time – it was in and out of the capital budget – think it should be included in the capital budget next year, when you have a better view of the whole picture, as a priority item; Councilman Gordon: kicking the proverbial can down the road continuously – was on this year and took it off) asked if anticipating another Sandy (Councilman Gordon: could happen at any moment) further in debt because of Sandy – spending is getting out of hand (Councilman Gordon: this is not frivolous spending) putting ourselves further and further in debt – have to seriously think about not bonding (Councilman Mayer: need to get to a point that we're paying off more than we're borrowing every year – that certainly didn’t happen this year; Mayor Barrella: understand your concerns – obviously, town has the potential to borrow – concept of bonding to pay operating expenses is what Trenton does but we do not – talking about a capital expenditure – most people, when buying a piece of real property, would not buy it for cash, but would take out a mortgage or 'bond' for it – this is also a way to even out the burden, so current taxpayers are not paying the full burden, when the beneficiaries of that expenditure are people who are going to be here 15-20 years down the road – so there’s an element of fairness to bonding – your point is we need a balance and don’t need to go overboard, think no one disagrees with that) going back to your example, you would not get a mortgage if you were too much in debt – think we're getting to that point.
Tom Davis, PPB: share Councilman Mayer's concern about cost and budgeting – also looking at it from the perspective of a former firefighter – hard to do the job with inappropriate equipment – think they do a phenomenal job, stretching their dollars as far as they can – 1972 vehicles qualify for antique plates – we’re at 1.2 or 1.3 in debt service – this is something that’s very important to our community – would encourage you to make it work – have a proposal, which will be presented during general comments, to help alleviate some of the burden.
Motion by Councilman Cavagnaro, to authorize the drafting of a Bond Ordinance to purchase a fire rescue vehicle, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker….YEA
Council Member Mayer….NAY


Councilman Reid: approached by residents in last couple of weeks about holiday garbage pick-up, recycling and leaf pick-up – had a newsletter years ago – want to go back to a stuffer, as residents need to know what’s happening in their town – Point Pleasant pays for calendars for its resident through business donations – in 2014, would like to get a calendar together and stuff twice a year with the water bills – if we hire this company, would have a calendar ready for 2015 (Mayor Barrella: actually had a newsletter, but back in 2009/2010 a decision was made by the controlling faction of Council to do away with it, as the $300 cost was considered something that would break the budget – think the idea of a newsletter is a good one) either by newsletter or calendar, need to establish dialogue with our residents (Councilwoman Tooker: current with the website – the newsletter was awesome and was done as a joint venture with the school system; Mayor Barrella: have a problem with authorizing someone to solicit businesses for contributions on behalf of the Borough; Councilwoman Tooker: Mr. Castin actually looked into that) investigating it – John Trout met with the person who does it for the Borough – see how much it costs – a joint newsletter with the school sounds great – meanwhile, can stuff information into the water bills (BA/CFO Riehl: could do a calendar for 2014, but without advertising, it would cost about $7K; Councilwoman Tooker: newsletter was good because each of the committees had a little blurb – information changes throughout the year so a calendar is not as viable) just want something that people can stick on their refrigerator with garbage pick-up, holidays etc. – will look into and come back with specifics (Councilman Cavagnaro: suggested doing robo calls) good, but not everyone is signed up, just like not everyone makes use of computers for accessing the town website – trying to come up with another tool for communication with the residents (Councilman Mayer: asked about the rules on leaf pick-up, tree-trimmings and branches – thinks we are losing a ton on recycling; Councilwoman Tooker: bought stickers for DPW to mark garbage – had a task force with some great ideas – been working with downtown merchants; Mayor Barrella: suggested Council Members Reid and Tooker work together regarding a joint newsletter with the school).

Councilman Cortes: Councilman Cavagnaro pointed out some lights that were out downtown – DPW is replacing bulbs in decorative poles; there was a first responder fundraiser at Marlins on the 2nd – nice crowd and gift auction – First Aid had their Monster Dash; Recreation had basketball sign-ups; Buy a Board program stalled a little bit but going to move forward with something on the website and iron it out before the spring – spoke to Mayor of Lavallette and his wife – they were charging $200; asked how to get started now that Fire Chief's vehicle was approved out of capital surplus (BA/CFO Riehl: would need to prepare a purchase order – he would like verbal authorization to move forward with purchase through State contract).

Councilman Cavagnaro: congratulated Chamber on the Chowder Fest – Tree Lighting will be November 29th, with Santa arriving at 6 PM; Skyline lights will be going up in center of town on Arnold Avenue – started with a donation from Carl LaManna – Chamber bought one set and the Council kicked in for the remaining three – thanked BA Riehl, John Trout, Ned Martin, Bill Dwyer and Mike Ormsby for help coordinate large boxes when they arrived – couldn’t get them through the door – DPW provided machinery to move them and Water Department provided room to store them; spoke with residents in Griffith Avenue neighborhood where Arbutus and Osprey meet – concerned about potential for an accident and would like a stop sign at end of Griffiths Avenue at its intersection with Arbutus – would like Council to authorize changing the Ordinance to accommodate same; spoke with Verizon employees about providing a resolution opposing Voice Link, which poses safety and security concerns; anyone affected by hurricane would have had their assessments reduced – those assessments will be going back to their normal number as of January 1st – not a big difference because, as assessed values go up, tax rate goes down – will see the difference in the third quarter billing; lot of homes had storage trailers in front of their homes while construction was taking place on their properties – about 30 in use now, with 15 in active stages of construction – other 15 sitting with no way of knowing how much longer they will be there – understand the hardship of waiting for money to make repairs, on the other hand is concern of neighbors and the look of the town – Council needs to consider how it should be handled going forward – currently, the ordinance prohibits these – one way to go is to make them register after January 1st, so there is some idea of how much longer they will be there; met with non-resident taxpayers who still have an issue with garbage and will be coming back to the Council with a proposal; asked Borough Engineer to look at the Risden's/Surf Taco building – recommendation is elimination of bath houses which would add 17 spaces to the lot – currently 42, which generate about $1K per spot – would generate an additional $17K, as compared to the minimal revenue generated by bath house – if the striping was changed to diagonal, that would add another 10 – need a new bathroom, but not necessarily a food court, unless it would produce a positive revenue stream with a high-paying tenant – will wait for Open Space Committee to make its presentation and will be forwarding information, with diagram including new spaces, to the Council for consideration.

Councilman Mayer: BA Riehl has set up interviews for the Assessor position on Monday the 18th and Friday the 22nd – hope to have a recommendation by December 3rd.

Councilman Gordon: congratulated Councilmen-Elect Vogel and Toohey on their recent win – run the risk of ruffling a few feathers with the following – could have won on their merits alone, but they chose to run on the poison pen of their campaign manager – first prediction for 2014 is that we’re going to lose our Municipal Attorney who will be replaced by Mr. Kevin Riordon – that would be a shame, as Mr. Gertner has done an outstanding job for this town and he should have the right to continue in that capacity – all saw the campaign flyer with Senator Holzapfel endorsing his fellow Republicans – 2nd prediction for 2014 is that the Holzapfel firm will claim the Municipal Prosecutor’s position and the Shamy firm will be out – these are predictions I hope will not come true, but this is my fear for the town – 3rd prediction is demise of the current successful parking program in D4 as the NJ Association of Realtors vehemently opposed this plan, although the majority of D4 residents wanted it – all on Council have acknowledged the success of this particular plan – however, by virtue of a $4K contribution to the Vogel/Toohey campaign by the NJ Association of Realtors, this successful quality of life parking plan will unfortunately be overturned in 2014, against the wishes of our residents and in favor of big business; Councilman Mayer, as head of the Finance Committee, has painted a bleak picture, over the last year, of what is going to transpire, in spite the reassurances of our BA/CFO who I trust implicitly with our Budget – predict that this is a political move – this campaign has become Mayor Mayer and he is laying the groundwork for that – my biggest fear with all this budget naysaying is that you’ll be seeing a lot of furloughs of our employees – I hope and pray that this does not happen and that we can move forward reasonably, so we can continue to govern and provide services for this great town; reported on Police Department activity from October 29th through November 12th – 8 arrests for possession of controlled substances, possession of drug paraphernalia, obstructing, harassing, resisting arrest, disorderly conduct and DWI – 6 arrests on outstanding criminal and traffic warrants – responded to 18 first aid calls and 11 motor vehicle accidents.

Councilwoman Tooker: have talked about getting aerators for Lake of the Lillies because, even though it’s been dredged, there was a minor fish kill – a lot of non-tidal lakes have these aerators – the Borough Engineer provided some estimates, one that's a solar system is about $11K – not sure where it should go next, to Environmental Commission or Buildings and Grounds Committee – even with dredging, lake is still only four feet (BA/CFO Riehl: asked about the useful life of the aeration system) will forward the information to BA/CFO Riehl; Lavallette has portable signs that alert residents to move their cars as the street sweeper is scheduled in that location – residents on Forman Avenue complained that, due to school traffic, street sweeper never cleans there – asked that DPW investigate use of same; received complaint from resident about the number of accidents at the intersection of Forman Avenue and 35 South (Chief O’Hara: occasional, don't know if it's a lot) asked if the State might put a blinker there (Chief O’Hara: any changes would have to go through State DOT – don't think there's an excess number of accidents there – would have to look into the numbers); Karen Mills had ordered new geese lights, that are free replacements for those damaged in the storm, for both Lake of the Lillies and Little Silver Lake; Animal Welfare Committee fundraiser scheduled for Sunday is sold out; Environmental Commission is doing street-end planting at end of New Jersey Avenue, as a prototype – thanked BA Riehl and DPW Super. Trout for their help with movement of rocks – looked at sample garbage and recycling cans and butt containers – samples being sent to Borough Hall for the Commission to look at (Councilman Mayer: there is grant money for that purpose); hoping to have animal house and taxi ordinances on for December 3rd, so please get your comments to Attorney Gertner.

Mayor Barrella: 4% Sandy reduced assessments will be coming back on board as of January 1st – looking got a new tax assessor – as there were about 30 people here in July, complaining about erratic tax increase, which was related to the reassessment not the budget, the old assessor was asked to explain to Council what happened – when he did not come, the Administrator (BA) asked him to come again, he refused and decided to quit – if your assessed value did not go down by at least the average decrease, your taxes went up, mine increased about $1K – craziness in taxes this year was all based upon the reassessment, because dollar-wise, we only spent about $20K to $30K more overall on $27M – you would have thought our residents would have been informed about these occurrences by our local newspaper, but apparently our local newspaper didn’t believe it was important enough to inform our residents as to why their tax bills went up and that the assessor resigned rather than explain what he did – Sandy-related items, such as about $1.7M of commercial beach, will come back on, as well as damaged homes – the new assessor will work with you – inexplicable that something of this magnitude and importance was effectively treated as a non-story by our local newspaper; asked about getting special events ordinance moving – asked BA/CFO to schedule a meeting with Ed McGlynn; talked earlier in the year about a non-referral ordinance and would like to get that done – Jim Gearhart from 101.58 had a great line a few months back – “In New Jersey, most corruption is perfectly legal” – in New Jersey, we hire our elected officials so that they moonlight – effectively, you have State Senators, Assemblymen and Congressman moonlighting as Borough Attorneys and Engineers and all this other stuff – quite frankly, there’s something offensive about that – have nepotism ordinance in this town that applies to local political officials and would like to see that extended to include any County or State elected officials whose jurisdiction serves PPB, as well as any County party official, from Chair on down to finance chair or treasurer, regardless of party, obviously – let’s see if we can’t get some good government ordinances passed, as well.
Attorney Gertner: spoke with ABC Director regarding fatality that occurred allegedly from someone who had been drinking at a local establishment here – sort of dual authority over the license – ultimately, the ABC has authority, but each year the license has to come before Council for renewal – I spoke with the Director and he assured me they are walking through the process – there have been articles in the “Asbury Park Press” and “Star Ledger” that indicate all the toxicology reports aren't back yet – the issue of revocation is something that the ABC looks at, and they have to make sure that the investigation is done properly – don’t want to do anything to inhibit that investigation and make sure that it’s done correctly – PPB has received tort claim notices regarding this incident, notice to the Beach that it might have some liability exposure – speaks to the fact that this individual was able to take a vehicle that was not hers from one of the parking establishments – investigations of this magnitude are a slow and steady process – should make a separate inquiry at the beginning of the renewal process.

Business Administrator/CFO Riehl: no report

Attorney Gertner: authorization was added to the agenda to work with Mr. Jackson's client’s professionals to do the street scape grant, predicated on the belief that the grant is not due until December 6th, and it would not severely inhibit the ability to obtain that grant – turns out, this is a rolling grant and, the earlier it gets in, the better the chance of getting the money they are looking for. Mayor Barrella left the Council Chambers for 3 minutes.
John Jackson, Attorney for Atlantic Cape Fisheries: under the NCR Streetscape Revitalization Grant program, the municipality can get up to $1.5M for street-scaping, things like pavers, trees, lighting, etc. – in conjunction with client’s hope to redevelop their property along the waterfront, they saw this grant as an opportunity to revitalize, upgrade and improve all along Channel Drive – know this has been on the wish list of Council for years – exact fit for this grant on many levels – it’s ‘Sandy’ related and for blighted areas and communities that have two commercial districts – improving the street along there is sorely needed – Client’s engineer has developed a plan and provided copies to Council – Borough’s Engineer has given us some ideas – Atlantic Cape is hopeful to put an upscale, year-round, destination restaurant in that area while maintaining the commercial fisheries – when you read about hurricane damage, one of the industries that has received less attention than others is the fishing industry – their dock at their PPB location was decimated – they are first and foremost a seafood company – part of their redevelopment is to revitalize the docks – municipality would be making the application – client has developed the application and your engineer would be tweaking, approving and submitting it, as they would be the one administering it – unfortunately, it is a rolling admission, with other municipalities vying for grant dollars – client’s clam boats in PPB do $20M in business with their 24/7 operation here (Councilman Cortes: asked for sufficient bike racks).
Attorney Gertner: resolution authorizing the grant application from the New Jersey Economic Development Authority, Stronger New Jersey Neighborhood and Community Revitalization Program’s Streetscape Revitalization Program.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 9:41PM

Mr. Conti, Point Pleasant Beach (PPB): read his letter to Council on bicycle safety – both civilian and law enforcement bicyclists have the responsibility to know the law and the law should be followed and enforced – it seems that local police do not enforce State regulations and that they too are in violation – New Jersey Bicycle law says that when riding at night, bikes must be equipped with white lights visible from at least 500 feet, red, rear lamp visible from at least 500 feet and red reflector may be mounted on the rear in addition to the rear lamp – a bicycle must be equipped with an audible device such as a bell that can be heard from a distance of a hundred feet away but may not be whistle or a siren – the bike must be equipped with a brake –Bay Head website has a webpage on bicycle safety, rules and regulations.
Lisa Mueller: commented on work done at Stop & Shop – would appreciate if it was only four mornings; asked about street sweeper purchase order (BA/CFO: in need of replacement sweeper and included in 2013 Bond Ordinance – can see $3K in savings if we order and take possession before year end).
Anne Lightburn, PPB: don't know why Engineer recommendation on Surf Taco went to Councilman Cavagnaro instead of Open Space Committee – Committee is working on its recommendation and Engineer’s recommendation did not go to either Councilmen Gordon or Mayer, who are the Committee’s liaisons – have not received flood insurance rates either – trying to get cost estimate for repair, but hampered by sand under the bath house (Councilman Cavagnaro: sought out recommendation, as Chairman of Building & Grounds Committee, as to the status of the building, and recommendation as to whether it should be improved – overall recommendation, based on the age and the damage it sustained, and recommendations as to which sections should be looked at first and revenue potential – when I met with Open Space, I said that my perspective would be strictly from a revenue point of view – that if you would get a vendor interested in taking the building, at significant enough rent that was a benefit to the taxpayers, that would be a positive for the building to remain – if not, looking at it from a revenue standpoint, parking spaces require little or no maintenance and produce a considerable amount of revenue – unless it’s a high-paying tenant) this is Open Space property and not necessarily about revenue generation – have parks, Little League fields and the Inlet property that generate little or no revenue – need to think long-term why we would want a structure there – if we were ever to acquire the beach – southern terminus of Boardwalk is going to be expanded, which makes this more attractive a location for a food concession – bathrooms will cost you money and will not generate revenue – while now, they are maintained by the tenant and cost you nothing – would like to see that report, as the Committee is meeting this week and would like to respond to it (Councilman Mayer: asked for copy of the Borough Engineer's email, too).
Vince Castin, PPB: Councilwoman Tooker mentioned that Lake of the Lillies is only 4 feet deep, but Little Silver Lake is only 4 inches deep – asked if there was any progress (Mayor
Barrella: request is still in the system, but no one has gotten back to us about funding; BA/CFO Riehl: reach out about 3 days/week; Councilman Reid: asked for contact; Councilwoman Tooker: if no funding pops up, will have to bond for it; Mayor Barrella: as the Borough Engineer related, dredging that lake doesn’t function the same as Lake of the Lillies – could shut it down so there is no inflow, but if we do that, it will die; Councilman Reid: will get in touch with Senator Holzapfel about a meeting with the DEP) asked about debris monitoring in item 1/U (BA/CFO: DEP required that you hire a firm to monitor the debris being hauled away – get reimbursement from FEMA at 90%) little alley (Kinmouth) we're repaving is like a bike path and could use that money for more viable streets (Councilman Mayer: has huge holes and is used a lot) asked for any further word on dune situation (Mayor: moving forward with Ordinance tonight); asked about item 1/C (BA/CFO: required, due to OSHA visit).
Marilyn Burke: asked about Chapter 159 (BA/CFO: receiving an additional $24K in grant money); last time there were furloughs, people wound up making more money in OT; asked how police budget, salaries and OT compare to this time last year (Chief O’Hara:
through 23rd payroll, last week, OT for police was $66,942K compared to $129,001K last year) asked about salaries (Chief O’Hara: salaries went up, as per collective bargaining agreement – only ever asked for OT for the Police – other departments have more per capita – should file an OPRA request to get all the information) asked that information be provided at next meeting.

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 10:01 PM

Councilman Mayer: abstain on item 1/U due to relation to Ashbritt; Mayor: items 1/Y and 1/Z have been removed; Councilman Mayer: would like to add an RFP for financial advisor – also talked about adding an insurance benefits consultant; Mayor Barrella: asked to add authorization to draft ordinances; Attorney Gertner: already have drafts: Councilman Gordon: regarding OCS request, asked about limiting it to just four days and if additional time is required, must request same through the BA; Councilman Reid: abstain from voting on Item 3/K. Motion by Councilman Gordon, to adopt items listed below, was seconded by Councilman Cavagnaro and carried by roll call vote.
a) Memorialize approval of Person to Person of ABC license in ‘Pocket’ status from Southern BBQ Ribs, Inc. to Martin Fish & Oyster House LLC
b) P O to CAL Heating & Cooling for A/C unit in Clerk’s Office ($2500)
c) P O to Turbo Electric for misc repairs at DPW garage ($3000)
d) Payments of computer-generated vouchers ($1,077,591.38)
e) Payment to Edmunds for Finance software support ($10,229)
f) Payment of Added/Omitted Assessments to County of Ocean ($9221.95)
g) Approval of bench inscription
h) Scheduled payment of district taxes to PPB Bd of Education ($916,131)
i) Payment to Brick Utilities for October bulk water usage ($64,328.88)
j) Payment to Pt Pleasant Bicycle for bike repairs, parts & helmets ($3416.59)
k) Approval of Payroll #22 ($248,707.18)
l) P O to Edwards Tire for Oct – Dec ($5050)
m) Payment to State of NJ for employee and retiree health/Rx benefits ($110,279.53)
n) Appointment of Nicole Letizia to fill vacant part-time position in Court office
o) Payments to Galvin Law Firm from Plan Bd & BOA accounts ($5650.19)
p) P O to Motorola for dual band radios for Fire Dept. ($9548)
q) Payments to Denise Sweet & Assoc from escrow accounts ($400)
r) Considered Separately as Resolution 4
s) Authorization to advertise for a P/T Plumbing Sub-code Official
t) Appointment of Timothy Skinner to position of Temporary P/T Building Inspector
u) Payment to Arcadis for debris monitoring ($84,200.50)
v) P O to KML Technology, Inc. for 911 system upgrade for police department ($25,000)
w) P O to Cross Match Technologies for Guardian Fingerprint Scanner ($11,117.06)
x) Chapter 159 – Safe and Secure Communities
a) P O to Fire Security Technologies for security equipment/work at DPW garage ($2800)
b) Authorization to advertise RFPs for 2014 professional appointments
c) P O to PPB Chamber of Commerce for Christmas light donation ($2000)
d) P O to Mark Woszcak for fire hydrant replacement ($2085)
a) Apppoint Valerie Blauvelt to position of Police Records Clerk
b) P O to Grainger for Street Sweeper ($165,274)
c) Award Boardwalk Plaza Reconstruction contract to Wallace Bros – waive qualifications submission as it is not cause for rejection and does not jeopardize the bid ($872,067.50) - Closed Session
d) Reject all bids for Boston Ave improvement project - Closed Session
e) Request extension of bid award date from DOT for Boston Ave improvement project - Closed Session
f) Award contract for appraisal to Integra ($3750) - Closed Session
g) Authorize Borough Attorney to work on final settlement agreement with Boylan
(Closed Session)
h) Approve curb cut request for 115 Philadelphia Ave
i) Approve curb cut request for 119A & 119B Randall Ave
j) Approve curb cut request for 122 & 122A Randall Ave
k) Approve OCS Builders Group request to waive Borough Ordinance, to allow work at 505 Richmond Avenue to commence at 5:30AM-6PM, from 12/2/13 – 12/13/13, for a period of four days and if additional time is required, request must be made through the Borough Administrator
l) Authorize Attorney Gertner and Engineer Savacool to work with Attorney Jackson and Atlantic Cape Fisheries on a streetscape project grant application for Channel Drive and for the Borough Engineer to submit same to the New Jersey Economic Development Authority
m) Authorization for Fire Chief to move forward with purchase of Chief’s car under State contract (not to exceed $40K)
VOTE: Council Members Reid (All except Item 3/K), Cortes, Cavagnaro, Mayer (All except
Item 1/U), Gordon, Tooker ….YEA
Council Members Reid (Only Item 3/K) and Mayer (Only Item 1/U)….Abstain
Mayor Barrella: as to Item-3/A , the Beach will be huge beneficiary due to this decision –hopefully she will be able to serve in her current capacity as there is some precedent (Chief O’Hara: working on that issue with Attorney Gertner).
Councilman Gordon: will review our current bicycle ordinance with Police Chief.

Motion by Councilman Cavagnaro to adopt RESOLUTION 4 (Promotion of Patricia Kile from P/T to F/T Confidential Secretary in Administrator’s Office) was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Cavagnaro*, Gordon, Tooker** and Mayor Barrella***….YEA
Council Members Reid, Cortes, Mayer….NAY
*Councilman Cavagnaro: a lot of these P/T positions were originally F/T positions – they were moved to P/T as a cost saving measure, but over the years, work has been backing up in the different departments – for the efficiency of these departments moving forward, and smooth running of Borough Hall to provide residents with the best service possible – this is the BA’s secretary and is very sorely needed as the BA is tasked with procuring millions of dollars in FEMA money and grant issues.
**Councilwoman Tooker: negotiations with the unions in bringing down the starting salaries for these positions is what has allowed us to fill them – not making much more than they were P/T – happy they are willing to continue to do the job – have already proven to be great employees.
***Mayor Barrella: some feel our employees are the problem in PPB – believe that our employees are an integral part of what makes PPB a great place.

Ordinance 2013-39 (Energy Aggregation) was considered on second reading. Councilman Gordon: asked what rate is currently being offered (John Dunn, Commercial Utility Consultants: would be known at the time of the award, but has to be less than current rates) asked if it was different from town to town or aggregated across all towns to lower the cost (Mr. Dunn: the intent of the co-op); Councilman Gordon: asked about rate from last auction (Mr. Dunn: first auction is tomorrow – Bayonne, Collingswood and Glassboro); Councilman Gordon: asked how this deal, that PPB will be offering its citizens, differs from opportunities they currently have to shop around (Mr. Dunn: CUC handles all the paperwork, handles all the outreach and goes to all the meetings) asked if locked into a rate (Mr. Dunn: could be anywhere from 12 to 24 months) asked if there was a penalty for getting out early (Mr. Dunn: no penalties or cancellation fees) asked difference between your company and others (Mr. Dunn: believe it’s because of service we provide and outreach program – believe we will get the lowest cost possible through auction); Councilman Cavagnaro: where is the ability with customers to withdraw outlined (Mr. Dunn: part of the State program, comes down through the BPU and the Division of Community Affairs – was originally an opt-in program, but in Act 14 of 2012, became an opt-out process for residents with no fees whatsoever); Mayor Barrella: if such a great deal, why would anyone ever opt out; Councilman Gordon: up to consumer to watch their bills to see when their kilowatt hours go up – signed on with one company and unbeknownst to me, my rates went up considerably, so I shopped around and found one lower and signed up for another 18 months; Councilman Reid: when you go to auction, you get a rate for a certain amount of time (Mr. Dunn: it’s a fixed rate); Attorney Gertner: part of their services are to coordinate PR in the media outlets and outreach to the community, including meetings, radio ads and news releases); Councilman Reid: met with other firms that were just going to aggregate for the town – this co-op and firm aggregate for town buildings, street lights, residents and businesses – will have 3 auctions (Mr. Dunn: was a co-op in south Jersey that comprised 85 municipalities – we talked to five of them that decided to leave because we got it cheaper for them than the co-op price – another, Glassboro, just came out because the co-op provider was cherry-picking their buildings, not taking them all – we took all in one package, both the little meters and big meters) Councilman Reid: asked if he thinks they can match Toms River’s 10% to 13% savings rate (Mr. Dunn: electricity has come down, shooting for 8% to 10%); Councilman Reid: asked when CUC would go to auction (Mr. Dunn: have Farmingdale and Howell signed on) Councilman Reid: think Bay Head has signed on too.
Mayor Barrella: opened the public hearing.
Mr. Conti, PPB: clarified that residents would be part of the agreement (Mayor Barrella: residents would be beneficiaries of the agreement: Councilman Gordon: residents have the ability to opt-out; Attorney Gertner: public will receive three notices and have opportunity to opt-out – reason it’s an opt-out is because it’s a co-op and is a better way to drive the price down.
Motion by Councilman Cavagnaro to close public participation and adopt Ordinance 2013-39 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Motion by Councilman Reid to adopt resolutions listed below was seconded by Councilman Cortes and carried by roll call vote.
b) Authorize entry into cooperative pricing agreement with Howell Township
c) Appoint Commercial Utility Consultants as the Borough’s Energy Agent
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Ordinance 2013-40 (International Fire Code 2006) was introduced on first reading. Motion by Councilwoman Tooker, to approve Ordinance 2013-40 on first reading, was seconded by Councilman Gordon and carried by the following roll call vote. Public Hearing will be held on December 3, 2013.
Councilman Mayer: asked for memo from Fire Official Mueller about why this is being done; Clerk Ellsworth: removed all references to BOCA code and replaced with International Fire Code 2006.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Ordinance 2013-41 (Vacate portion of unnamed alleyway between Elizabeth and Carter Avenues) was introduced on first reading. Motion by Councilman Reid, to approve Ordinance 2013-41 on first reading, was seconded by Councilman Mayer and carried by the following roll call vote. Public Hearing will be held on December 3, 2013.
Attorney Gertner: Council's consensus to vacate half the alley to the center-line; neighbors will get notice.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker ….YEA

Ordinance 2013-42 (Acquisition of certain interests in real properties in order to move forward the Army Corps Dune Project) was introduced on first reading.
Mayor Barrella: part and parcel of state program; Attorney Gertner: yes, and the reason it’s being introduced by title only is that the State is verifying the list of properties included in Schedule A.
Motion by Councilman Cavagnaro, to approve Ordinance 2013-42 on first reading, was seconded by Councilman Cortes and carried by the following roll call vote. Public Hearing will be held on December 17, 2013.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker ….YEA
Council Member Mayer….Abstain, as his firm has a response to RFP with State for
litigation work
Mayor Barrella: reported on revenue figures – YTD parking is $1.875M, $100K less than 2012 and $150K more than 2011 – overall, if you take UCC fees, our revenues this year are within a few thousand dollars of where they were in 2012 – understand Councilman Mayer’s concerns with spending and hiring – one of my reasons that I say we can afford to do this is that I see these figures and, based on my experience over the last 6 years, I say we can afford a fully staffed PPB – one of the things we haven’t discussed is where that fits in the CDL and how we can make it a little easier for next year – Water/Sewer is doing well too – part of that is due to Councilman Reid's rate increase.


Vince Castin, PPB: asked if contract for boardwalk reconstruction is part of the agreement made with the Boardwalk (Mayor Barrella: that’s the area they are reimbursing for; Attorney Gertner: low bidder was not responsive nor responsible – by law, it’s permissible to waive an immaterial defect in the 2nd low bidder; Mayor Barrella: within the $1M)
Tom Davis, PPB: spoke regarding the Sea Coast oil property and the abandoned well property across the street – did a final review at DEP due to the ambiguity and unknowns about Sea Coast Oil – an asset that might be able to off-set some costs for the town – contamination levels in the soil are gone, as per 2008 sampling data – plume of groundwater contamination that is very slight – the highest reading on site was a couple of parts per billion of benzene, which is a component of gasoline that tends to break down pretty rapidly – two off-site on well property were one part per billion below the standard – one off-site well on resident’s property was just above standard in 2008 – so data is old, and amount of breakdown over time is considerable, so it’s probably within standards by now – at this point, with a fairly moderate investment by the town, about $20K to $30K, could render this property closed, take title and either sell it or have DPW use – residents in the area would like to see it used for residential housing – tanks came out of the property in 2004 – in 2007, the town entered into a memorandum of agreement with the DEP, where a preliminary investigation and site assessment were done and the data collected was done through that grant with the DEP – as to the pump station property, well was not properly abandoned – about $30K to $40K to do that (Councilman Reid: asked about DEP money that the town could get) no remediation grants (for Sea Coast) but may still be some municipal loans (Attorney Gertner: some money if you're going to sell it – to drive sales tax, as an example; Councilman Gordon: also add another ratable for tax purposes – asked that the Attorney provide guidance on the next step; Councilman Reid: think Attorney should find out if there’s money available).


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

The meeting was adjourned at 10:43 PM.

ATTEST: ______________________________________ Maryann Ellsworth, Municipal Clerk

Published December20, 2013 | Council Minutes | 1749

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