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December 3, 2013

Council Minutes

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

Motion by Councilman Cavagnaro to enter Closed Session to discuss at 2 personnel, 1 potential litigation and 1 government funding matter, including discussion about potential hiring of a tax assessor, request from an employee about vacation days, Boardwalk reconstruction, easement and takings issue with regard to the State, environmental concerns and contract negotiations, 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 6:36 PM and ended at 7:47 PM.

Mayor Barrella called the regular meeting to order at 7:49 PM. Present were Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, and Tooker. The Deputy Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

The Mayor asked for a moment of silence for William Thompson, the son of Phyllis Thompson.

Motion by Councilman Cavagnaro to approve the minutes of the September 10, 2013, October 1, 2013 and October 22, 2013 Council meetings was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Department Head memos were discussed with items moved to consent resolutions for action; Beach Access Improvement discussion was carried; memo from Fire Official will be considered during discussions on Ordinance 2013-40; Chief O’Hara explained that Police Department is looking for 2 vehicles – spoke with BA/CFO Riehl regarding funding – explored options – explained the different P O items – the extended warranty item is at the recommendation of the Borough mechanic, due to recall issues and other issues with two vehicles purchased as replacement vehicles for those affected by ‘Sandy’ – fleet is continuing to deteriorate – there are 2 options – Option 1 is using Surplus Capital Funding – funding for the vehicle from Carman Dodge would come from a transfer of funds from police salaries to operating expenses – vehicle status report was emailed to the Governing Body about 4-5 weeks ago, outlining condition of vehicles and mechanic’s recommendations – funding won't be available after the first 3 months of the year and the 2013 vehicle might not be available; BA/CFO Riehl: currently $98K in capital surplus – could transfer $42K from salary into operating; Mayor Barrella: asked if this was the same source of funds utilized to purchase Fire Chief’s vehicle; Councilman Mayer: would like time to consider – encouraged that there is money left in police budget – concerned that here hasn't been a patrol car in the budget since 2007 – didn't realize Chief's full budget hadn't been funded – requested that the Finance Committee meet to discuss this; Councilman Gordon: trusts BA/CFO who is hired to make these sorts of decisions – we are part-time employees – makes no sense to argue; Councilman Mayer: asked if it was recommendation of the BA/CFO to deplete capital surplus to purchase these two vehicles: BA/CFO Riehl: not making a recommendation – advising Council that funds are available: Councilman Gordon: BA/CFO has told us funds are available – she’s not making a recommendation, that’s Council’s responsibility – received the memo five weeks ago – our police department provides a service to this town and we owe it to them and the residents to provide them with the best means to accomplish their mission; Councilman Cortes: asked if vehicles were cars or SUVs (cross-over with all-wheel drive, Explorer police package – under state contract); Mayor Barrella recapped Chief's request: preference for 2 Ford Explorers with equipment in P O #3 and #4, roughly $84K – half is $47K and could come from capital surplus of $98K – Chief would be ok with 1 and 1 purchased through budget transfers – BA/CFO is ok with it – suggested acting on one Explorer tonight and work out purchasing an additional from capital surplus as I share Councilman Mayer’s concerns about capital surplus, which provides 5% down payment money if something comes up – Chief's original operating budget was cut – now, we would transfer salary money into operating, which basically replaces what was cut – suggested holding off for 2 weeks – asked for consensus to act on 1; Councilman Cortes: asked about additional equipment for Charger (all equipment is included, except the computer) that will get you by for another year; Chief O’Hara: vehicles are used pretty much 24/7 – history was to purchase 2 per year, up until 6 or 7 years ago, when they started being cut from operating and went to bonding SUVs, because you can’t bond for cars – that’s how the fleet was maintained – get two years out of cars as front-line vehicles, then it becomes a secondary vehicle used for training, traffic details and summer Boardwalk use – keep them going as long as they are viable – 3 up for auction now, one without a transmission and another without a rear-end, as mechanic utilizes any needed, viable part, in an effort to save money – two a year is the best scenario – repair budget goes up each year because the cars are older – budget $15K, but using $20K, which must come from other areas: Mayor Barrella: recommended approving purchase of one Ford Explorer for half of P Os 1, 3 and 4 and the extended warranty; Councilman Mayer: capital surplus is spent by ordinance, not resolution – can’t use capital surplus for down payment money – asked Chief if he is in an emergency situation (no) – would rather consider second vehicle in January or February, during the budget process; Mayor Barrella: more hesitant to do the Dodge Chargers than the Ford Explorers – can introduce, tonight, by title, an ordinance to authorize the purchase of 1 – just because it's not an emergency, doesn't mean it's not a necessity; Attorney Gertner: if consensus to move forward, have two options – can authorize a budget transfer by resolution – to use capital dollars, need an ordinance; Councilman Reid: committed to two cars – suggested addressing at next meeting after Chief, BA/CFO and Councilman Mayer work out the details; Mayor Barrella: don't want to do a transfer on the fly – would rather introduce an ordinance to consider in 2 weeks; Chief O’Hara: concerned that if he doesn't get vehicles in 2013, will be September or October before he gets the vehicle and then it will be emergent.
Motion by Councilman Reid, to add Capital Ordinance for first reading to purchase Ford Explorer with equipment for Police Department, was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes*, Cavagnaro, Gordon, Tooker….YEA
Council Member Mayer…NAY
*Councilman Cortes: asked where funding for warranty was coming (transfer money)
Mayor Barrella: asked about moving extended warranty P O and transfer to resolutions (BA/CFO Riehl: can prepare and do resolution at next meeting).


Councilman Reid: No Report

Councilman Cortes: received signed contracts from JCP&L for Pleasure Park lights; Recreation Committee held basketball signups – ready to go – 20 teams – would like minutes of Recreation Committee meetings posted on the web site – Committee found a place to do basic background checks on coaches (Chief O’Hara: don't know what kind of check they can do without fingerprints – sounds like financial check; Councilman Reid: questioned the fingerprinting process; Chief O’Hara: can only check locally – been brought up for years – no action taken – cost has been the issue – don't know their background outside of PPB; Councilwoman Tooker: cost was $75 – issue with asking volunteers to pay, and town didn’t have the money to do so: Councilman Gordon: need to move forward, as there is a liability risk; Councilman Cortes: about 40 with coaches and assistant coaches – Committee felt they would lose most of them if they had to pay for their own background checks; Councilman Gordon: need to address referees too; Councilwoman Tooker: volunteer coaches in the schools pay for their own – not a yearly thing, only when there is a break in service – cost should not be incumbent upon the Borough; Councilman Reid: should address park program, too; Councilman Gordon: suggested organizations run fundraisers to underwrite costs;
Councilman Reid: we can do that; Councilman Mayer: asked what was required; Chief O’Hara: they must go to the place in Toms River that is contracted by the State – they send fingerprints to the State, and State gives the okay or not, without providing details; Mayor Barrella: asked Councilman Cortes to get back to Council after next Recreation Meeting – will get it done at the next Council meeting.

Councilman Cavagnaro: Chamber tree lighting went beautifully – Chamber also has planned breakfast with Santa on December 8th, Brunch with Santa on December 14th, pictures with Santa on December 15th and lunch with Santa on December 22nd; recommended establishing a permit process for storage pods in driveways, starting January 1st – technically an ordinance violation and, if continued, should be done so with some type of control measure – has seen 35 to 40 of them – not suggesting eliminating them (Councilman Reid: not comfortable with making people get another permit) need to change the ordinance or require the permit – doesn't have to be a fee associated with the permit – Code Enforcement Officer (CEO) is being discretionary in enforcement (Councilman Mayer: either way, you'd have to change the ordinance; Councilman Gordon: an accountability issue more than anything else – asked if he had a recommendation for wording of an amendment, or if it would be available at the next meeting; Mayor Barrella: can't cross over years when amending ordinance) will have something for next meeting (Mayor: know where Councilman Reid is coming from, and absolutely sympathize – the State keeps talking about everything they’re doing but they’re not actually doing anything – Councilman Cavagnaro is not looking to ticket or charge for a permit; Attorney Gertner: asked if CEO is concerned that her discretion is waning and anticipating pressure to enforce the Ordinance) has been receiving complaints and is looking for direction (Councilwoman Tooker: suggested, instead of changing the Ordinance and then changing it back later, that Council pass a resolution at the beginning of the year; Attorney Gertner: ordinance is cleaner – can certainly link the fact that you’re not enforcing this part of the Ordinance this emergency – like everything else, if no one challenges the resolution, it's fine – still in emergency situation with the rehab/rebuilding of residential units; Mayor: can do a resolution at the next Council meeting; Attorney Gertner: CEO should do a memo to support Council's decision; Councilwoman Tooker: everyone is in limbo, with regards to grants – can’t even get an appointment to get an idea whether looking at 2014, 2015; Mayor Barrella: asked BA/CFO to get a memo from CEO by next meeting; Councilman Gordon: trying to prevent homeowners from being issued citations); letter was sent to owners of historical homes on November 20th – forwarded to Council for review and Attorney is working on resolution for next council meeting, basically acknowledging their existence – all are already listed on New Jersey historical sights inventory – looking to help these homes to get special considerations when they go before the boards; Verizon Voice link resolutions are on the agenda – representatives from Local 827 will be speaking during public participation – biggest concern is safety issue of Voice Link – happened on Fire Island and happening in Mantoloking right now; DPW was concerned with condition of poles for skyline lights – Company who sold the lights would install for $1K – Councilman Cortes graciously offered to contact Comcast and they have agreed to do the installation for free (Attorney Gertner, upon questioning: Comcast now assumes the risk if something goes wrong) Councilman Cortes has also volunteered to be there and help.

Councilman Mayer: Finance Committee interviewed assessors with appointment added to resolutions; $3M note coming due at month’s end; Council got memo from Open Space and Historical Commission on Risden’s South property (Mayor: asked if he’d also received the Minority Report from Open Space) received a commentary from Mr. Paesano.

Councilman Gordon: reported on Police Department activity form 11/19-11/23 – 6 arrests for offenses including simple assault, harassment, disorderly conduct and DWI – additional 4 arrests on outstanding criminal and traffic warrants – responded to 8 first aid calls and 5 motor vehicle accidents; PPB football team is vying for sectional championship this Saturday at College of N J.

Councilwoman Tooker: working on refuse/recycling receptacles, but they sent the wrong can – met with Rubbermaid representative – John Trout was also researching – will get recommendation from him and/or Environmental Commission soon – would like to use downtown receptacle by the Inlet and put new ones downtown – important to put butt containers around town, also; Chamber event was wonderful, but garbage was everywhere the next day – asked that DPW get OT to pick up trash after a Friday night event (Councilman Reid: will speak with DPW Superintendent Trout – need to pick up trash before the event, so there is room in the cans) we give the Chamber a donation to put on this event; sent BA/CFO and Councilman Cavagnaro e-mails about aerator for lake – should at least get the inexpensive solar model for Lake of the Lillies, if Borough Engineer Ray recommends same; sewer grates are about $300 each – would be nice to put them around the lakes to keep debris out of the sewers – asked Council to consider for next year; Animal House Ordinance is not on for first reading, as intended – CEO didn't think it was a problem right now, as many rental properties have not come back online (Attorney Gertner: : mirrored after Belmar's ordinance, which requires the posting of officers; rentals are down due to ‘Sandy’ and, if a second home, there is no funding available – so doesn't make sense at this time; Councilman Gordon: parking plan helped to alleviate a lot of the issues; Councilman Reid: concerned with residents’ problems, such as those faced by Mrs. Cronin) asked Chief O’Hara if the problem with those houses was any better this year (not much; Councilman Cortes: saw 14 vehicles parked at one home there; Chief O’Hara: problem with parking on the lawn issue is the way the summons is required to be issued – can’t just put it on a parking ticket and stick it on the vehicle – must be issued as a Borough ordinance violation and handed to the person, which is next to impossible – maybe the enforcement part of it can be re-worded by next spring – this issue was brought up by Captain Dikun when this ordinance first went into effect and it was never corrected; Councilman Reid: suggested it be put on a parking ticket and that the Borough Attorney amend the Ordinance); received an e-mail about tourism grant – asked who usually applies for that (BA/CFO Riehl will look at it); mentioned that her students were in the audience – public speaking class references civic engagement, civility, and give and take in a democratic society – wants to be good examples; first Senior Citizen luncheon will be December 10th at Vicino Di Mare.

Mayor Barrella: Seth Sloan would like to add 4 people to NRTAC – appointed Bob Rinaolo, Greg Caponegro, Rose Fabiano and Dominic Barone; attended a 3 hour meeting with Marc Ferzan, the Governor’s Recovery Czar, DEP Commissioner and DCA Commissioner Rich Constable – told everybody what they were doing – received 15,000 applications, with 4,000 on a list that they are going to move forward, but they haven’t done anything yet – they keep pointing fingers at Washington and vice versa – bottom line is, nothing is going to happen with residential housing in PPB until the state programs kick in – $15M was given to Seaside for fire right away – meanwhile, there are people living on their second floors with a dorm refrigerator in PPB, and no one is doing anything in Trenton – really frustrating and have been very outspoken about it with Trenton; spoke with DOT Commissioner Simpson about Route 35 and pump stations – told him we’ve been trying to get a meeting for the last year about why everything seems to stop at the Bay Head border – hopefully we will get that meeting – part of it is to get that pump station to divert water from Route 35 away from Little Silver Lake into the Manasquan Inlet area, as per recommendations from Borough Engineer.

Business Administrator/Chief Financial Officer (BA/CFO) Riehl: opening bids on 12/11 for DPW roof repairs and Boston Avenue reconstruction; ATM RFP is out and 3 have been picked up – should have recommendation on 17th; had preconstruction meeting on Boardwalk Plaza – impacted businesses attended – starting tomorrow at southern end – accommodations will be made to keep businesses open (Councilman Gordon: asked about coordinating ATM machine locations with Boardwalk contractor) recommended using smaller ATM machines.

Deputy Clerk Farrell changed item 3F and added items to Consent Resolution 3.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 9:11 PM

Karen Lane, VP of IBEW Local 827, representing 5,000 telecommunications workers and Verizon employees: asked for support of Senate bill, with a companion bill to be introduced in the Assembly on the 19th, which would place a one-year moratorium on Verizon’s wireless Voice Link product, which has several public safety issues, E-Commerce issues and tax implications – asked if town would be interested in signing onto a First Responders letter, similar to that released by Fire Island and New York first responders and fire companies (Chief O’Hara: sat in on meeting and support) – will get information to John Pasola, in attendance this evening – Senator Greenstein & Assemblyman Benson are sponsoring the bills – explained a bit about the Voice Link product which is not as effective as your cell phone – can be jammed, rendering homeowners helpless when it comes to calling for assistance – recommends keeping copper lines or going to a fiber network – going wireless and removing current infrastructure would do away with the Energy Receipts Tax monies – have bipartisan support for both bills (Councilman Cavagnaro: asked if the advent of Voice Link was the reason that town did not get FIOS) possibly, as return is over 50% on wireless and only about 28% on copper and fiber.
Vince Castin, Point Pleasant Beach (PPB): asked about item 3/a (BA/CFO Riehl: $360K grant, with a 10% match from the Borough to dredge Little Silver Lake; Mayor Barrella: dredging would be a lot more than $360K, but it’s a good start); kudos to Councilman Cortes who put ADA swings up in the Pleasure Park – regular swings had some wrong pieces in boxes (Councilman Cortes: already met with Mr. Trout, who is taking care of it); asked about 2/a (Councilman Mayer: over 20% and prevailing wage threshold – discovered old concrete street underneath Delaware Avenue; Attorney Gertner: received assurances from Borough Engineer that contractor couldn't have known this prior to the contract – like drilling into sand and hitting granite); reminded all about Pearl Harbor Day on December 7th – encouraged all to educate themselves about this historical event and the ensuing war, in which many sacrificed to preserve our way of life.
Lee Kelly, PPB: asked if taxi ordinance was the complete ordinance (Attorney Gertner: was cleaner to redo the existing ordinance – have clean version before you, from beginning to end – 3 major differences – 1)additional support and rights for Code Enforcement and Police to look at the quality of what’s going on with the taxi cabs, 2) statutory changes in insurance requirements and 3) authorization to provide seasonal taxi licenses, which Police have been in favor of for some time – Council Members Reid and Tooker met with major business in town, who had no problem with it) not specific as to taxi stands, where the old ordinance had them spelled out specifically (Attorney Gertner: gives Police flexibility to make determinations and recommendations to the Governing Body) taxi stand on Washington Avenue (business office and dispatch center) and hub approved on Philadelphia Avenue (maintenance garage) – been a lot of overnight parking in the past (Attorney Gertner: different issue, PPB has fleet ordinance in effect as to Borough roads, limiting 2 vehicles per business – Ocean County has not approved that on County roads at this point – appreciate your concern, as neither he nor the Chief understand their objection) have requirements on lettering on taxis but concerned about the vans that are completely covered with liquor decals, which shouldn't be traveling around town (Attorney Gertner: purpose of this ordinance is to furnish enforcers with better ability to do so – nothing’s perfect – this gives the opportunity for better identification, protection for the travelling public and increases the availability of seasonal licensed cabs) agree there should be more taxis in town (Councilman Reid: safer taxis) thought should be given to limiting the number of people in a cab (Attorney Gertner: importance of getting this done now is that it allows licensing procedure to move forward, effective January 1st) concerned with these vehicles, filled with advertisements, parking on the streets, effectively acting as a billboard – most people don’t even realize that they’re taxis.
Anne Lightburn, PPB: have designated an area, along Arnold Avenue, near Ocean Avenue in Little Silver Lake lot, for a park scape with benches and trees – thanked DPW for clearing the area – boulders at end of New Jersey Avenue will be moved by DPW and will demarcate sand from pavement – Environmental Commission will be planting some dune-type native plants there to beautify the area; haven’t seen the Historic Preservation letter or minority opinion, but Council received Open Space memo – hopes sand can be removed from front of building before new platform goes in (BA/CFO: Borough Engineer and DPW have been down there and are putting a proposal together – thinking about utilizing workforce from Department of Corrections) recommended contacting County, which has sand vacuuming capability, under Schedule C.
Ben Dispoto, PPB: asked about what’s being amended in Ordinance 2013-47 (Attorney Gertner: Special Event and Public Assembly ordinances cross-referenced each other – this new ordinance consolidates them – have been some First Amendment lawsuits, so this takes that into account over them) asked if this expands special events (Mayor Barrella: expands them and municipality's control over them) asked if there could be more events in the Boardwalk area (Attorney Gertner: no; Mayor: deals with the application and control); Chief did great job in explaining situation with the cars – asked why he’s not being allowed to use extra money from his payroll budget to purchase a car (Mayor: may do that at next Council meeting – will be meeting with Councilman Mayer, BA/CFO and Warren Korecky to look at where we stand from a numbers standpoint – this may make sense, but may not be the best way to go, given the entire budget scenario; asked about tax collections for distressed properties [BA/CFO: collection rate has been steady, at 96.71% (budgeted at 95%) – anything unpaid from last year was sold at tax sale this year) asked if it was the homes that were in distress that were not having property taxes paid, as it's getting to be a problem in other towns.
Councilman-Elect Tom Vogel, PPB: concerned about some ordinances up for first reading – 2013-47 has been alluded to as an expansion of existing ordinance 2003-03, which pertained to events on municipal property – looks like there's an expansion on this – a lot of things are getting pushed through – 5:12-4a talks about outdoor events – lot of local organizations have events with over 200 people – now being subjected to licensing – wants to be sure local organizations are not being penalized, as it also changed process for waiving fees (Mayor: spoke with Ed McGlynn – need to insert a sentence that the sale of commercial beach badges does not constitute a public assembly requiring a license – asked Attorney Gertner to add to ordinance – will be meeting with Mr. McGlynn next week to review); 2013-48 and 2013-49 deals with professional behavior of elected and appointed officials and comes out of original ordinance 2004-38, with modification in 2005-16 – a lot of different criteria and expected behaviors – not all classes of elected officials are included – trying to do a lot in a tight space – perhaps these should be merged with professional conduct standards, carved into one, and the process slowed down – implored Governing Body to put the brakes on (Mayor: 2013-48 has been kicked around since March – major change is to include, amongst the category of ineligibles, County Freeholders, State Assemblymen or State Senators serving the district in which PPB is located – made sense that Councilman Mayer no longer serve as PPB Bond Counsel when he took Council office – yet might have State Senators and Freeholders working as PPB employees while they’re supposed to be representing PPB) Senator Reed Gusciora is the Animal House magistrate, but he doesn't represent our district (Mayor: just like we have a cell phone agreement with Councilman O’Scanlon – not a problem with a councilmember in Point Pleasant, for example, being an hired professional in PPB – the problem is with an elected official – why is an elected official being paid by the same municipality that he’s supposed to be representing in his elected capacity – that’s the logic of it).

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

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 9:45 PM

Councilwoman Tooker: asked if BA/CFO had approved W/S adjustments (yes); Councilman Mayer: asked about OSPW funds (Outside Police Work) – asked if there would be another transfer resolution next meeting (for actions taken tonight) – abstaining on Item 3/H, as unsure as to firm’s role in State easement litigation (Mayor Barrella: relates to State and potential eminent domain action with dune easements – his firm is in the running for firm that will actually litigate that issue) confused on grant documents – see the number $387K – clearest statement is in the cooperative agreement which states we get financial assistance in the amount of $351K for 90% of the on-ground construction costs – assuming it’s $387K and we’re responsible for $36K or 10% – then in B2, it states this agreement also provides NRCS technical assistance funds to the sponsor, that’s us, in an amount up to $36K – asked if it’s 10% match or if they’re trying to give us 100% (BA/CFO: 10% match came through on e-mail from Engineer’s office, who said the grant was $360K with a 10% match) asked where match is coming from (BA/CFO: 2014 budget under state and federal grants – no encumbrances or expenditures in 2013 – will go in as a revenue with appropriation offset); Councilman Cortes: asked about item 1/E (Chief O’Hara: 7-year-old worn-out SUV, which is used by detectives – body and chassis are in good shape – cheapest way to keep it online for 3-5 more years); asked about bench policy – shame our resident expert, Clerk Ellsworth, is not here this evening – says should be left natural, but they’re all painted (many are) – says all benches must be affixed to Boardwalk – asked how (bolted) – says if bench becomes destroyed, PPB is not responsible to replace it, but it doesn't say anything about maintenance or repair (Councilman Reid: should be spelled out) asked to hold it until he can talk to Clerk Ellsworth.
Motion by Councilman Gordon, to adopt items listed below, was seconded by Councilwoman Tooker and carried by roll call vote.
a) Approval of hand checks ($987,732.09)
b) Payment to Motorola to replace Sandy-damaged dual band police radio ($6,140.60)
c) Payment to Turbo Electric for DPW garage repairs (not to exceed $2,850)
d) Payment to Mall Chevrolet for Fire Chief car ($40,000)
e) P O to Downs Ford for police vehicle engine block & transmission replacement ($3,841.52)
f) Payment to Ocean County landfill to replenish escrow tipping fees ($50,000)
g) Payment to Riggins, Inc for diesel fuel ($8,714.36)
h) Salary adjustment for Janet Mutter for passage of course leading to certification ($250)
i) Salary adjustment for Eileen Farrell for passage of course leading to certification ($250)
j) Payment to Derasmo Excavating for Maryland Avenue manhole installation ($3,750)
k) Payment to the PPB Chamber of Commerce for Christmas lights ($2,000)
l) Payment to Ocean County Utilities Authority for 4th Quarter installment ($320,265)
m) Payment to PPB Bd of Ed for December allocation ($916,131)
n) Approval of Payroll #23 ($243,922.03)
o) HELD (Approval of 2013 PPB bench policy)
p) Payments to T&M Associates from (10) BOA escrow accounts ($4,600.25)
q) Payments to Galvin Law Firm from (2) Pl Bd and (14) BOA escrow accounts ($2,130)
r) Establishment of 2014 municipal holidays
s) Establishment of 2014 bulk pick up schedule
t) Appointment of Class II Special Officers for 2014
u) Reimbursement to PPB Chamber of Commerce for Christmas Tree Lighting ($1500)
v) Payment of credit card fees for 2013
w) Support for S-2988/A-4359 – one-year moratorium on replacing copper-based landline phone service with non-copper based or wireless
x) Support for replacing copper-based landline phone service with fiber optic & opposition to replacing copper-based landline service with wireless
y) Approval of computer-generated vouchers ($1,441,674.87)
z) Approval of Payroll #24 ($263,778.87)
a) Change order to D’Erasmo Excavating for emergency sanitary sewer repair on Delaware Ave ($8,968)
b) Approval of request for 4th quarter sewer bill adjustment at 1201-1213 Richmond
c) Approval of request for 4th quarter water/sewer bill adjustment at 105 Arnold
d) Approval of request for 4th quarter water/sewer bill adjustment at 106 Atlantic
e) Renewal of Jenkinson’s Pavilion Amusement Games Licenses (15)
f) Transfer of funds between various 2013 budget accounts
g) Establishment of Reorganization Meeting date on 1/1/14 at 1PM
h) Authorization to waive BOA Application fees for Fire Co #2 ($1,350.00)
a) Authorization to execute documents in acceptance of NRCS Grant ($360,000)
b) Payment to State Health Benefits for employee health benefits ($110,279.53)
c) Payment to Shade Tree Commission, in lieu of tree planting, from developer escrow account ($350)
d) Payment to PPB for municipal lien and W/S charges from developer escrow account ($787.43)
e) Payment to Gerry Landers & Donna Landers for release of shade tree bond escrow ($325)
f) P O to Rileighs for skyline lights installation fee ($4,000)
h) Authorize Borough Attorney to execute ‘Common Interest and Confidentiality’ Agreement on behalf of the Borough – Closed Session Item
i) Appointment of Frederick Millman as Tax Assessor to fill unexpired term through June 2015 at $14,500 per annum – Closed Session Item
j) Appointments to Non-Resident Taxpayers’ Advisory Committee (4)
VOTE: Council Members Reid (All Items except 1/F), Cortes, Cavagnaro, Mayer (All Items
except 3/H), Gordon, Tooker….YEA
Council Members Reid (Item 1/F only), Councilman Mayer (Item 3/H only)....Abstain

Ordinance 2013-40 (International Fire Code) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Gordon to close public hearing and adopt Ordinance 2013-40 was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker….YEA
Council Member Mayer – No Vote, as he had stepped out for a moment

Ordinance 2013-41 (Vacate portion of unnamed alleyway between Elizabeth and Carter Avenues) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Reid to close public hearing and adopt Ordinance 2013-41 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker….YEA
Council Member Mayer – No Vote, as he had stepped out for a moment

Ordinance 2013-44 (Taxi Licenses) was introduced on first reading. Motion by Councilwoman Tooker, to approve Ordinance 2013-44 on first reading, was seconded by Councilman Gordon and carried by the following roll call vote. Public Hearing will be held on December 17, 2013.
Councilman Mayer: asked which Council Member sponsored the Ordinance; Council-woman Tooker: started it – been going back and forth – authorized ages ago; Councilman Mayer: asked if she was comfortable with 3 owners’ licenses and 2 seasonal licenses, and where the numbers came from; Attorney Gertner: a policy decision, which came from Council input; Councilwoman Tooker: two seasonal came after meeting with Briggs; Chief O’Hara: between Belmar and Toms River, we get cabs from all over at Boardwalk bar closing time and Briggs is the only licensed cab company in PPB – could be as many as 5 cab companies coming in, but will give us more control by relegating specific cab companies – the officers on the street will know which cabs are licensed, as they must have those 6-inch decals on the side; Councilman Gordon: can amend number in the future; Chief: if we need more or think there’s too many, can amend – may not get that many applications for the licenses anyway; Councilman Mayer: concerned there are too few; Attorney Gertner: an incremental approach; Mayor Barrella: so trying to protect our local business; Councilman Mayer: originally there were two owners’ licenses, then another was added – asked about process to award seasonals (Attorney Gertner: it’s a bidding process); Councilman Cortes: asked for clarification on seasonal, Memorial Day to Labor Day, as it’s not specified; Councilman Mayer: states that the number may be increased but not how; Councilwoman Tooker: don’t think there should be a bigger number for the year-round – Briggs is one of PPB’s oldest family businesses; Councilman Mayer: questioned the fee, how it was arrived at, and how it corresponds to Police Department efforts; Chief O’Hara: I did not come up with any fees – a lot of this ordinance was copied from a neighboring seashore community, instead of re-inventing the wheel – it seems to work well for them; Councilman Mayer: inclined to ask to hold except for the Chief’s comments; Chief: licenses are renewed in January for the year – going to have to renew either way.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-45 (Bond Ordinance – Fire Rescue Vehicle) was introduced on first reading. Motion by Councilman Gordon, to approve Ordinance 2013-45 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.
Councilman Reid: spoke with Deputy Chief Pasola about not going over $450K – asked if was better to bond or put in next year’s budget; Councilman Mayer: will never be able to pay $450K in one lump sum – going to have to bond for it, whether it’s now or next year; BA/CFO: $450K is the amount allocated for the truck – needed to add the soft costs of advertising, legal and bond issuance costs; Councilman Cortes: asked if BA/CFO had received email from Chief Fox about failed breathing apparatus and 24-foot ladder lost in Seaside fire response; Deputy Chief Pasola: the aluminum ladder melted, as fire was in excess of 1200 degrees – the SCBAs failed – in Station 2, masks were broken and straps need replacement – spoke about being underfunded – Captain’s funds were reduced drastically to $17K per annum – takes $9K to service just two of Station 43’s vehicles (Councilman Gordon: asked the historic value of Chief’s Fund) $25K-$30K and he’s down to $21K – Captains’ used to be $22K and down to $17K – will be asking for more money in the future to replace items that are broken or missing – as Chief Grace related, $450K is on the high side, but still waiting for a price from the HGACbuy program.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-46 (Stop Sign – Griffiths and Arbutus) was introduced on first reading. Motion by Councilman Cortes, to approve Ordinance 2013-46 on first reading, was seconded by Councilman Gordon and carried by the following roll call vote. Public Hearing will be held on December 17, 2013.
VOTE: Council Members Reid*, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA
*Councilman Reid: thanked Councilman Cavagnaro for follow-up on residents’ concerns

Ordinance 2013-47 (Amendment to Special Event Ordinance) was introduced on first reading.
Mayor Barrella: asked about item on page 6 – following agencies and completed within 15 days, under application and review process (Attorney Gertner: came from existing ordinance); Councilman Cavagnaro: brought a typo in item 9/i on page 5 (Attorney Gertner: should say four); Councilman Cortes: asked if fireworks are being added as special event and if will be filled out for the season or for each event and how numbers would be determined; Councilman Mayer: asked what else was added besides fireworks – received this late without supporting background (Attorney Gertner: this was drafted last year – received little Council input over a period of time – was asked to get it in front of folks for further discussion); Mayor: Mr. McGlynn received a copy of this last week – he was away, but we spoke today and he did raise beach badge concern which makes sense – asked to include, upon introduction, following sentence at the end of 5-12.4 "the operation of a commercial beach, for which beach badges are sold, shall not be subject to this ordinance;" Councilman Cortes: special event is something that happens once a year, not something recurring like fireworks – if it happens more than once a year, should be handled as a recurring event; Councilman Reid: asked that introduction wait until after Mayor’s meeting with Mr. McGlynn.
Motion by Councilman Gordon, to approve Ordinance 2013-47 on first reading with change recommended by Mayor Barrella, above, was seconded by Councilman Cavagnaro and carried by the following roll call vote. Public Hearing will be held on December 17, 2013.
VOTE: Council Members Cavagnaro*, Gordon, Tooker and Mayor Barrella….YEA
Council Members Reid, Cortes, Mayer….NAY
*Councilman Cavagnaro: not aware of any group that doesn’t follow PPB Special Event Ordinance except for two PPB multi-million dollar corporations and we need to change that.
Councilman Reid: glad you’re doing this stuff that’s been hanging around a whole year – this is like the State Assembly and Senate – month of December and legislation is being passed that was not vetted, not discussed, just done – two other ordinances that are being pushed through – think it’s bad government – bad government because we don’t know what we’re doing tonight; Mayor Barrella: disagreed – actually good government – next two ordinances are good government ordinances because they curb abuses.

Ordinance 2013-48 (Amendment to Nepotism Ordinance) was introduced on first reading.
Mayor Barrella: clarified that County Committee includes the member of every municipal committee throughout Ocean County (Councilman Cortes: asked why Mayor drafted this ordinance and how it’s different from his draft of the ‘Story’ Ordinance) difference is that yours was a land use ordinance that was not vetted by the Borough Engineer – asked for advice on wording – don’t believe someone who is the County Chairman or Vice-Chair of either major political party should be eligible for a position – probably the best thing to do is to delete this section, item A6, upon introduction (Councilman Reid: there’s a State Senator who has a law firm that employs the prosecutor that’s been here many years and that’s why you came up with this) this is a good government ordinance, similar to the non-referral ordinance – the bottom line is, if someone is an elected official representing taxpayers in a particular municipality, why should that municipality be writing a check to them as additional payment – very little was touched in this ordinance – definition of relative is an extremely broad definition – ‘c’ was narrowed so that it’s not quite so broad – most importantly, in B3 is the last sentence, “This prohibition shall also apply to direct employees of any governing body member who has been employed within one year of the proposed hiring by the governing body.” – Councilman-Elect Vogel knows what that’s about – bottom line, this is a good government ordinance – it works – there’s no reason why someone who’s a Freeholder or someone who’s an elected state official should be getting paid by PPB to render services in PPB (Councilman Mayer: think you have it backwards, because the voters of this town overwhelmingly re-elected Senator Holzapfel – if it’s a political question, let the voters deal with it) Mayor Barrella: reiterated it’s a good government ordinance – it’s an anti-corruption ordinance (Councilman Reid: asked where else in the State this is being done) don’t know, but discussed it with another Mayor who felt it made a lot of sense (Councilman Reid: most likely nowhere – have a vendetta against the Senator; Councilman Mayer: asked if this ordinance was valid, if it’s constitutional and if it violates the First Amendment; Attorney Gertner: this is an existing ordinance – no one has challenged it – it’s constitutional – hasn't researched validity – don't think it violates the First Amendment – generally speaking, agrees with Councilman Mayer – for better or for worse, that you’re better off entrusting voters – open government is the best government to have – the voters are generally bright enough to see what’s going on and the pendulum generally swings from one side to another if somebody overreaches – said that with the conflict issue in the past – would rather see full disclosure – there is a process through the Local Finance Board for ethics issues) extension of existing ordinance to cover elected County officials and elected State officials – if Councilmen Mayer and Reid are right that there’s no need for any nepotism ordinance at all, then repeal the whole ordinance (Councilman Cortes: read list of relatives) came from 2004/2005 ordinances and was not touched – the only thing touched was A6 which will be eliminated (Councilman Mayer: assume A5 was touched) A5 is new and C (Councilman Reid: this is all about Senator Holzapfel and the Mayor knows it; Councilman Gordon: asked why Senator Holzapfel’s name was being brought up; Councilman Mayer: because his firm may be considered for the Prosecutor position; Councilman Gordon: that comes as no surprise as he endorsed the two winning Council candidates) that’s not the point – everybody’s missing the point – let me explain something – last year, Senator Hozapfel’s firm was replaced at the urging of our Court Administrator because they kept sending first year associates who knew nothing – we were getting lousy service – the bottom line is they were incompetent and the fact that you people can sit up here and even think about rehiring them is astonishing – asked for a motion to introduce with the changes suggested.
Motion by Councilwoman Tooker, to approve Ordinance 2013-48 with the elimination of item 6A, was seconded by Councilman Gordon and carried by the following roll call vote. Public Hearing will be held on December 17, 2013.
VOTE: Council Members Cavagnaro, Gordon, Tooker and Mayor Barrella….YEA
Council Members Reid, Cortes, Mayer….NAY

Ordinance 2013-49 (Guidance for Borough Professionals Regarding Referrals) was introduced on first reading.
Attorney Gertner: made some changes to previous draft taken from discussions on the other ordinance – a narrower definition – as example, definition of relative in this Ordinance is not as broad as in the Nepotism Ordinance (Mayor Barrella: takes into account some comments about small amounts for services in definition section 2C, contains a routine trade of business less than $300) that was made previously – recollection is from discussion with either Councilman Reid or Mayer regarding buying at flower shop (Councilman Reid: this is a really way-out there ordinance) the Mayor disagrees with me – may be naïve about this – would rather make certain that there’s full disclosure of all that goes on and then let the voters decide on the decisions made – if it’s so bad that there’s enough to go to the Local Finance Board (LFB) on an ethics complaint, then so be it – the issue with this, at the end of the day, is going to be that the enforcement mechanism still remains with the LFB – if someone alleges this Ordinance was violated, would still have to take that complaint to the LFB and say that local ordinance was violated, along with State statute [Mayor Barrella: there’s no local enforcement of an ethics violation, it’s done through the Division of Local Government Services (DLGS) – bottom line, no one would think it okay if a professional were to write a check to any one of us for $3K, $4K, $5K – but if that same professional were to refer a client to one of us and that client wrote that $3K, $4K, $5K check, is that okay – where’s the difference – the check is not direct but it’s being directed to you – all this ordinance says is, if you want to work for PPB, you can’t refer work to a member of the Governing Body or their spouse or child – the version in March had drawn from the nepotism ordinance and that definition of relative is extremely broad – that nepotism ordinance was drafted in 2004 by a Governing Body that was controlled by one group and supplemented in 2005 by a Governing Body controlled by a different group – talking about different political parties when using term ‘different group’ – that definition has been in place for eight years now – if someone wants to change that definition, suggest they do so – that was not the purpose of the amendment, which was very narrow – if the Borough Engineer refers a matter to a firm that my daughter has an interest in, that’s not okay with me – it’s wrong – not okay under this ordinance; Councilman Reid: clarified – if your daughter works for a law firm that does a lot of land use – so maybe one of the lawyers that works for that law firm uses T&M – would that be okay – why should she be penalized, it has nothing to do with her – so far removed, it doesn’t make sense; Councilman Mayer: agreed with Councilman Reid – it’s so divorced from the reality of large firms – how many engineers work at T&M – there are 64 lawyers in my firm – if you say the Bond Counsel, Borough Engineer or Borough Attorney can’t refer me business, I can say they never have – so you don’t need this ordinance, it’s too broad – PPB has RFPs out there, are you going to make them file the statement that’s in this ordinance; Mayor Barrella: they should; Councilman Mayer: they don’t even know it’s there – RFPs are due before it’s effective on the 20th, which is pretty late, but another topic; Mayor Barrella: so they supplement; Councilman Mayer: annoying cynicism you have – by trying to be ethically pure, you’re casting – government has a problem with people accepting us as being truthful and honest and doing it for the right reasons – you’re not helping, though you think you are, because you’re casting doubt on people that don’t need doubt cast on them – it’s unnecessary; Mayor Barrella: had this discussion before – it was too broad – it’s now been narrowed down – big firms have systems in place to monitor conflicts – no one is saying that the firm can’t accept a referral from anyone, no one is saying that a member of the firm can’t serve on a governing body – all this ordinance says is if the firm accepts a referral, they can’t be working for a town where a member of that firm is in fact a member of the Governing Body; Councilman Mayer: asked how we’re going to realize this; Mayor Barrella: made analogy that since not everybody files an accurate tax return and it’s impossible to monitor and determine whether each and every person in the United States files an accurate tax return, we should have no rule that applies to the filing of tax returns nor should there be any civil or criminal ramifications for the filing of false tax returns because we can’t catch everybody who does it – your answer is, since we can’t catch everybody, we shouldn’t try and catch somebody and that to me is a ridiculous answer; Councilman Mayer: it’s not a ridiculous answer – there are civil and criminal laws that apply – if you’re talking about somebody bribing someone for an appointment, that’s a crime – that’s not what’s happening, that’s not what’s going on).
Motion by Councilman Cavagnaro, to approve Ordinance 2013-49, was seconded by Councilwoman Tooker and carried by the following roll call vote. Public Hearing will be held on December 17, 2013.
VOTE: Council Members Cavagnaro, Gordon, Tooker and Mayor Barrella….YEA
Council Members Reid, Cortes, Mayer….NAY

Ordinance 2013-50 (Amend Meeting Protocols) was discussed.
Mayor Barrella: explained that he proposed the changes and ran them by the Borough Attorney – asked to change, in the replacement paragraph, where is says “the protocol shall be passed by resolution,” change resolution to ordinance – take sections 2-5 and renumber them
3-6 and a new section 2 should be added, which should state that "any previously passed meeting protocol should be null and void, following the passage of this ordinance" (Councilman Mayer: asked Counsel if ordinance complied with the “Borough” law, regarding powers of Mayor and Council; Attorney Gertner: don’t think the other one did – entire protocol ordinance that currently exists should be abolished – there is a State statute that defines what the Mayor is in the Borough form of government and what the Council does in the Borough form of government – the protocol ordinance is not comprehensive enough to meet standard practice – a good format to look at would be Howell Township’s as an example – perceive, as I was not here at the time, that the original ordinance was passed for some specific target or problem – discussion tonight has been about not passing ordinances to address narrow, specific concerns because they affect good people, long-term – opined that the whole thing should be done away with – should be civil and cordial and work it through and look at a form – look at what Howell has done because Howell’s really gotten to the nub of everything – recognize that Howell is a Faulkner Act form, so there are some differences that need to be tweaked – but Council should either be comprehensive or should live by the State Statute and be gentlemen and ladies in interpreting it or be comprehensive so everyone knows the protocol – this very narrow protocol, as it exists is ridiculous – the Mayor is trying to protect what he calls the Office of the Mayor –some of the statutory protocols of what the Statute provides the Mayor plus some traditions; Councilman Gordon: asked Counsel whether Council should abolish or rescind the existing ordinance; Attorney Gertner: should rescind; Councilman Cortes: asked why it should say there shall be no more than 3 weeks between governing body meetings) asked what the rules were about Council meetings, are they once a month – the Council sets the dates (Attorney Gertner: not sure there are time rule) pretty much, the only way we hear from the public is at these meetings – asked if was unreasonable to make sure that the meeting schedule at least gives the public the opportunity to comment at least once every three weeks as opposed to going to meetings once a month or once every other month (Councilman Cortes: asked what makes the Mayor think it might be that way) don’t care what you do with it – it was the office of the Mayor that was under assault in 2010, and anybody who was in this Council Chambers knows it and suspect that the office of the Mayor will once again be under assault in 2014 – if you want to put a meeting protocol in place, let’s sit down and negotiate it in good faith – if you’re going to have an ordinance in place that allows it to be adopted by resolution, the office of the Mayor has no say in that whatsoever – efforts for example to curb my ability and the ability of future mayors to call special meetings, which is part of what was put into that meeting protocol – the whole objective here is simply to protect the office – the office is protected by repealing the meeting protocol, you don’t need the rest of it – the office is protected by leaving it the way it is and adopting it the way it is – either way is fine – leave the meeting protocol in place and I guarantee that January 1st the office of the Mayor will begin to disappear – once again, the Borough Administrator will be instructed to exclude the Mayor from emails and correspondence on matters affecting PPB – you know that’s likely to happen again (Councilmen Mayer and Reid: that’s not likely to happen – being paranoid) don’t see any difference between 2010 and now – you have an opportunity to show me I’m wrong and hope you do – will see, next year, what the true intentions are – whether we’re going back to 2010, whether we’re going to appoint someone to positions in this town who are going to agitate and try and cause problems or who are going to try and resolve problems or are going to offer opinions contrary to the Mayor who’s responsible for his appointment.
Motion to Councilman Gordon, to introduce on first reading and approve Ordinance 2013-50 (Rescind Ordinance 2010-08 – Meeting Protocol Policy) was seconded by Councilwoman Tooker and carried by following roll call vote. Attorney Gertner: explained that Councilman Gordon’s motion was to rescind the ordinance that established the protocol policy and go back to the way it was before 2010 (Mayor Barrella: essentially, what worked for Mayors Hennessy, Pasola and Vogel) essentially, since the 1930s, when the Borough form of government was passed. Public Hearing will be held on December 17, 2013.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Mayer, Tooker….YEA

Ordinance 2013-51 (Temporary Disability Benefits) was introduced on first reading. Motion by Councilwoman Tooker, to approve Ordinance 2013-51, was seconded by Councilman Cavagnaro and carried by the following roll call vote. Public Hearing will be held on December 17, 2013.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Mayer, Tooker….YEA

ORDINANCE 2013-52 (Capital Surplus Bond – Police Vehicle and vehicle equipment) was introduced on first reading. Motion by Councilman Cavagnaro, to approve Ordinance 2013-52 on first reading, was seconded by Councilman Gordon and carried by the following roll call vote. Public Hearing will be held on December17, 2013.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker ….YEA
Council Member Mayer….NAY


Motion by Councilwoman Tooker to adjourn the meeting was carried by consent of Council.

The meeting was adjourned at 11:03 PM

TRANSCRIBED BY: _____________________________________
Maryann Ellsworth, Municipal Clerk

ATTEST: ___________________________________
Eileen Farrell, Deputy Municipal Clerk

Published December20, 2013 | Council Minutes | 1750

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