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December 17, 2013 (REVISED 03/04/14)

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36 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.

Sal Farruggia, plumbing inspector who is leaving after 7 years: thanked Council – PPB is a great town to work for – Building Department has been great, especially with recent challenges.

Motion by Councilman Cortes to enter Closed Session to discuss 1 personnel, 2 attorney/client, 1 contract, 2 litigation and 1 possible litigation matter, including discussions about Boston Avenue bid, Martell’s appeal regarding ABC closing time, challenge to particular parking ordinance and beach access issue with Maryland Avenue and Army Corps, was seconded by Councilman Cavagnaro 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 6:40 PM and ended at 7:26 PM.

Mayor Barrella called the regular meeting to order at 7:36 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.

Motion by Councilman Reid to approve the minutes of the November 12, 2013 and December 3, 2013 Council meetings was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Mayor Barrella presented a proclamation to former Councilman Thomas Cherry, honoring him for his years of service to the community.

Department Head memos were discussed with items moved to consent resolutions for action; BA/CFO Riehl: spoke with Borough Engineer on beach access improvement – was held at last meeting – construction cost estimate is $32,500 for Option 1, $26K for Option 2 – need a decision whether to go out to bid (was decided to hold for Attorney's opinion letter until the first meeting in January); made application to Stronger NJ Neighborhood Revitalization Program for improvements in Inlet area – has not seen plans (Councilman Mayer: asked that plans be circulated to Council from Borough Engineer).
Mayor Barrella: Council received Open Space Advisory Committee’s recommendation on how to proceed after storm damage to Risden's South property; Councilman Cavagnaro: circulated e-mail from Historical Preservation Commission in favor of keeping the building – Open Space Committee contacted contractors – repairs are feasible within FEMA guidelines – asked if estimates were written or verbal; BA/CFO Riehl: Ocean County Jail prisoners cleared some sand out from underneath the building – will return to do more; Councilman Mayer: contractors couldn’t access plumbing and electric underneath building due to sand – can better evaluate once sand is removed – should hold until January; Councilman Cavagnaro: other concern is flood insurance estimate – would be $900, predicated on it being an A-Zone, but new FEMA flood elevation chart says not so – will be V-Zone next year – flood insurance will be $9K and up on that property; Councilman Mayer: spoke with Mike Avalone, who works with the JIF and got quote from Selective – currently $896, with maximum at $8,960, when it moves into the VE zone – not a residential building, so don't have to put it on pilings to satisfy FEMA requirements – can “waterproof” it – it’s a flow-through – needs plans for more accurate estimate, but somewhere between the two; Councilman Cavagnaro: same recommendation for Police substation, which was fine for the restroom, but not the Police area, as it was not recommended that their equipment be exposed to that much salt air – don’t know if it would be conducive to the safety of the restaurant equipment to have that type of construction – recommend eliminating bathhouses for additional parking spaces.
Chief O'Hara: made presentation last meeting regarding need for 2 Police vehicles – spoke with Mayor Barrella, Councilman Gordon, BA/CFO Riehl and Councilman-Elect Vogel – would prefer sedan, if only one vehicle is approved, as last two purchases were all wheel drive SUVs, and can only purchase SUVs with capital dollars; Councilman Gordon: have capital dollars available – also have money in Police budget to pay for an extra vehicle – not bonding, have money ready to be utilized – makes no sense not to make purchases, as Department has gone without replacement vehicles for so long – asked what is the incentive to save money in the future, when Chief has already saved budget money for this vehicle – urged action now, while money is available – don’t know what will happen in 2014, best interest of this town to act now; Mayor Barrella: clarified transfer resolution was currently on the agenda and added PO to purchase vehicle; Councilman Mayer: asked that resolution 2 be moved to after adoption of Ordinance 2013-52 and they be considered together; Chief O’Hara: actually 3 POs, one for vehicle and others for computer and graphics – half the amount of those two POs should be added, as the other half was added to the Capital Ordinance with the other vehicle; Mayor Barrella: announced that Martell’s had asked for an amendment to its ABC license – item was later removed at their request.

COMMITTEE REPORTS

Councilman Reid: kudos to DPW for picking up garbage and leaves while dealing with snow and ice.

Councilman Cortes: exploring options with Buy a Board program – looking into what Belmar and town in New York did – plaque at end of streets, instead of board engraving –working with Municipal Clerk and BA/CFO; Comcast is installing Christmas lights for free – need DOT permit to go across Route 35 – will be straightened out next year (BA/CFO Riehl: don't have permit, because they weren't supposed to cross Route 35) due to question with integrity of some of the poles (Councilman Reid: thanked Councilmen Cavagnaro and Cortes for great job – downtown looks fantastic).

Councilman Cavagnaro: provided Council, Attorney, Clerk and Administrator a copy of an Arnold Avenue property listing, advertising prom night rentals – issue that Council will have look at next year – how some landlords affect other residents with their rentals; thanked Councilman Cortes for help with the lights; thanked Joe at Surfside Electric, who volunteered to do electrical connections for skylines for free; addressed Code Enforcement/Zoning Official’s memo on trailers and containers, recommending that they be register for a one-year extension with the Building Department – can come back for an extension, considered on a case by case basis – no fees entailed – concerned that Jenkinson’s asks for permission, each year, to store equipment in trailers on their property, but under the current situation no one else does – Council should require everyone to register with the Building Department (memo/ recommendation was added for separate consideration as Resolution 6); suggested Council members bring written agendas into Closed Session to keep meetings focused; has enjoyed his time on Council – a pleasant experience, all were supportive and helpful – enjoyed working with Council, Administrator, Clerk, Chief and Attorney; wished Councilmen-Elect Toohey and Vogel the best of luck; wished all Merry Christmas.

Councilman Mayer: thanked the Mayor for his input over the last 2 weeks regarding Community Disaster Loan (CDL) – thanked BA/CFO Riehl for her input – appreciated Auditor’s spreadsheet (Mayor Barrella: instructed BA/CFO to draw down $800K of the $1.5M budgeted this year for the CDL before year end, to draw down $100K from the amount budgeted for water and sewer before year end and to add both to Consent Resolution 3 – drawing down doesn’t mean spending money – putting it in the bank, to spend if needed - Councilman Mayer and I have been at opposite ends on this - he’s been saying don’t take any and I’ve been saying take all $1.8M - so we talked and we’ve settled on $900,000 which I think is a reasonable fair compromise and protects the Borough on both ends) a little higher than I’d like (Mayor Barrella: and a little lower than I’d like) that’s the nature of compromise - it’s a long, boring, tedious subject - it has some pretty long-term ramifications and anybody who’s interested should call me; wished all Merry Christmas; thanked BA/CFO; thanked Council Members Cavagnaro and Tooker for their service.

Councilman Gordon: congratulated Thomas Cherry – an example of what service is all about, whether serving this great country of ours or serving this wonderful town – not many people that can stand in your shadow in that regards – two that can are departing Council Members Tooker and Cavagnaro; reported on Police Department activity for 12/3 through 12/17 – seven arrests for possession of controlled substance, possession of drug paraphernalia, loitering with the intent to obtain drugs, criminal trespass, disorderly conduct, DWI and one outstanding warrant – included was offense of leaving the scene of an accident with serious injury for December 5th event on Arnold Avenue – responded to 18 First Aid calls and 15 motor vehicle accidents; expressed importance of obtaining 2 Police vehicles.

Mayor Barrella: commented on his terms with Councilwoman Tooker – Councilwoman Tooker was the Republican Club choice while he ran against the Club candidate in the Primary – ran together in General Election, along with Ray Cervino – no one on Council has ever worked harder, or been subject to more unwarranted and unfair derision – from incredibly offensive ‘Tookerella’ label to dis-invitation from Ocean County Republican events, at the request of powerful and influential people in this town – had to put up with a lot – makes it understandable that she would want to take some time off to recharge her batteries – what you see is what you get with Kris – there’s absolutely nothing phony about her, unlike a lot of people in politics – as far from a politician as you can possibly be – she’s genuine – she cares – she has an overwhelming desire to see the good in everybody – tried to convince her that not everyone is good – she has softened his cynical nature – she is an incredible individual, whether as PTO Chair or single mom – Kris very easily could have been, and very likely would have been, a Freeholder – had she been willing to play ball, would probably have had an Assemblywoman Tooker, instead of an Assemblyman McGuckin – Kris’ family has contacts in the southern part of the County – she is an intelligent woman and is involved in many things – she didn't take the easy way – instead of cementing her position in the County, she chose to support him and he will be forever grateful – it’s a tribute to her integrity and her character – hopefully she’ll get her batteries charged and will come back – glad to call her a friend, it’s a true honor; former-Councilman Corbally should be here tonight – no one post-Sandy, and for the last few years, has worked as hard as he – an incredible asset to Council – unfortunate that an unelected judge made a political decision – hopefully, Tooker and Corbally will come back and run either next year or the year after – was a pleasure and honor to serve with both of them.

Councilwoman Tooker: thanked the Mayor for his comments – been an amazing 6 years, with highs and lows, victories and disappointments – accomplished a lot – Animal Welfare Committee has been a great addition and saved tax dollars – recycling and environmental initiatives were done – geese control strategies – dredging our two lakes – successful parking plan – positive changes to the Development Code – different Land Use and Bed & Breakfast Ordinances – stronger Curb Line ordinance for tree protection – planting of many trees – many quality-of-life initiatives – been proud to support our Police and keep our Building Department intact; encouraged Council to continue with many items – Councilman Reid has promised to get beach access open – Silver Lake dredging needs to be done – Lake of the Lillies shoreline planting should start in the spring – need aerators and some viewing platforms – talked about canoe/kayak launching area at Lake Louise – hopes environmental ordinance will be revisited – need rain gardens, curb-line plantings, a minimum amount of space on our lawns – need stronger Tree Ordinance – would like the lot calculation taken out of the submerged areas around the lake, something that was vetoed in the 2010 ordinance, at Council’s request – need to deal with parking on lawns – Animal House changes – recreation programs for seniors – jitney – parking deck – District 2 building on Boardwalk for Police and First Aid – paperless agendas – this week’s agenda was 394 pages – article, disseminated to Council, talks about a 92-year-old Mayor, who switched to an iPad from a 192-page agenda; politics are politics – has made and lost friends, but has stuck to her principals – will miss all those she has worked with, but looking forward to some free time – thanked everyone at Borough Hall and DPW, past and present Council, and Mayor Barrella, who has more integrity than any politician she has ever known; thanked residents for support, town’s volunteers, such as Mr. Cherry, who really set the example by giving their time thanklessly and spending countless hours on our boards and committees, and those who get involved and pay attention to the issues and keep our government in check; been a great experience, one she’ll never forget – glad to have had it; wished all Happy Holidays.

Mayor Barrella: PPB will miss Councilwoman Tooker; hasn't heard from DOT Commissioner about Route 35 and drainage – will follow up with a letter – were supposed to reach out to us, but nobody did; wished all Merry Christmas and a Happy New Year – thanked Councilman Cavagnaro for his service – it was a seamless transition, from attendee at meetings to Councilman – like he’d been doing it for decades – fortunate that he will not disappear, he’ll be out there in January, in his old seat.

Business Administrator/Chief Finance Officer Riehl: No report

Deputy Municipal Clerk Farrell added items to consent resolutions.

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 8:22 PM

Sal Capriglione, Point Pleasant Beach (PPB): went before the Board of Adjustment (BOA), approximately 14 years ago and was denied a wider front porch, as the BOA wanted to maintain the look of the block – no house should be out further than the rest – neighbor has done so, however – upon questioning, was told he was entitled to do what he did – questioned why they didn’t make him comply with rules – asked why he was he told to go to Toms River to appeal, but neighbor was permitted to move his porch out beyond the others on his block – very unhappy and would like something done (Mayor Barrella: PPB had an ordinance that determined setback, based upon the average on the block – that ordinance was changed in the 1990’s to a 25-foot setback – questioned Zoning Officer who went out and measured, to confirm that neighbor satisfied the 25-feet – have no idea what he was told and what variances were required but, at that time, setbacks on that street were different – neighbor also complied at that time – it sticks out like a sore thumb, but complies with current setback requirements) not happy and it’s wrong (Councilman Reid: saw it too – should go before the Planning Board and get his bigger porch – shouldn't have a problem now – can’t believe how close it is to the street; Councilman Cortes: those lots are a little deeper, about 155 feet – that may be why the ordinance read the way it did – but it was changed in the 90’s – there are no deed restrictions; Councilman Gordon: is sympathetic – to waive any of the current requirement in the Zoning Ordinance, to accommodate the tragedy that took place with Sandy, is not prudent – Council has been guilty of some knee-jerk reactions – absolutely have to consider citizens like Mr. Capriglione, who was impacted by a lot of these decisions – important to be in compliance with the spirit and how we want town to look in the future; Attorney Gertner: due for Master Plan review – may be a way to look at these issues; Mayor Barrella: unfortunately, setback was different when Mr. Capriglione submitted his plans – was changed to 25-feet throughout the SF-5 Zone in the 90’s and, when reviewing neighbor’s plans, they complied with that setback).
Kyle Grace, PPB Fire Department representative: 2nd reading on rescue truck tonight, as well as PO for rescue truck – started talks with Councilmen Reid and Cortes – thanked Council for their time – truck is specked out – he, Chief and ex-chiefs spent months on this – not rushed – asked that bond and PO be approved – want to get this moving – asked for PO approval, with stipulation that order is 20 days after bond approval – were underequipped for a recent call – not having to wait extra time is crucial – had discussions with Council Members Cortes, Gordon and Mayer – everyone on Council worked on this (Councilman Mayer: technical problem – Bond Ordinance is effective 20 days after publication after adoption – to approve PO, need certification of availability of funds – has happened before – probably shouldn’t happen regularly – thinks Kyle has Council support on Bond Ordinance – doesn’t think CFO can certify availability of funds until first meeting in January; BA/CFO Riehl: if Bond Ordinance is adopted tonight, would certify availability of funds – order would be effective 20 days after publication of adoption; Councilman Cavagnaro: asked about paying for truck in advance) there are options – would save if paying in full within 30 days – $19K (truck) and $8.5K (chassis, alone) – Pierce is a solid company, leading fire truck manufacturer – per the manufacturer, performance bond is built into the truck purchase, which protects NJ towns that make full payment – asking for payment before delivery – they are a state contractor; Councilman Mayer: local Fiscal Affairs law says you pay upon receipt – maybe there’s a way to berk that) was explained to him that we’re able to do so because of the performance bond (Attorney Gertner: calls for performance bond, to PPB, as part of that state contract – if they default, get money back from surety).
Tom Davis, PPB: asked for Council's support for Fire Department request – good management should be rewarded – these guys have managed a truck into antiquity, literally – they provide a heck of a service to our town – what they do is important for all of us; thanked Councilman Cavagnaro for great job on Council – highlight of his year was getting to know him, while campaigning together; wished Councilwoman Tooker best of luck – thanked her for encouraging him to become involved.
Ed Brannagan, representative for PPB Chamber of Commerce representative: asked about Special Event fees in new ordinance – doesn't want to get to a point where events are going to cost them – paid for Police in the past – need a better definition of what Special Events are going to be – shouldn't charge the Cancer Society (Mayor Barrella: quoted from ordinance that that Governing Body may waive fees contained therein, upon written request – Chamber currently receives waivers at Governing Body’s pleasure – it's always been on case-by-case basis, that hasn’t changed; Councilwoman Tooker: always waived for small organizations – don’t fund large organizations like the Cancer Society, whose CEO is well-paid – can’t expect taxpayers to fund clean-up or Police; Mayor Barrella: they make a lot of money – are willing to pay fees).
Sal Capriglone, PPB: asked when the ordinance was changed (sometime in the 1990s) did work about 15 years ago (Mayor Barrella: doesn't know what he was told or why he needed a variance – people who built this house are in conformity with PPB’s current setback rules) reiterated his complaints.
Vincent Castin, PPB: recited his annual "Night Before Christmas" poem, concluding with Santa’s comments “While you all wrap your gifts and are down on your knees – Please say a prayer for the troops overseas…May God Bless America and Merry Christmas to All” (Mayor Barrella: would like a copy to forward to DEP and DOT Commissioners, regarding lake reference).

Motion by Councilman Cortes to close public participation was seconded by Councilman Reid 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 8:59 PM

Deputy Municipal Clerk restated additions to resolutions; Councilman Mayer: asked about update of employee handbook (BA/CFO outlined changes) asked if it could be held (Attorney Gertner: going into 2014 would have more changes suggested by MEL); Councilman Cortes: questioned item 1/i (BA/CFO Riehl: street poles are the town’s; Councilman Cavagnaro: green pole lights haven’t been working – Councilman Cortes has been working on it – another vendor quoted approximately $1K to fix them, Surfside quoted about $300/pole and have already done 6 or 7 for free – they are also connecting the Christmas lights for free – done a lot for the town and cheaper than others).
Motion by Councilman Reid, to adopt items listed below, was seconded by Councilman Cortes and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Approval of Payroll #25 ($244,849.03)
b) Payment to Motorola for dual band radios for the PPB Fire Dept ($9,402)
c) Payment to Pt. Pleasant for Court Specials for 1st, 2nd, and 3rd Quarters
($3,056.56)
d) Payment to Brick MUA for bulk water usage ($63,424.41)
e) Payment to Petroleum Traders Corporation for DPW gasoline ($23,442.45)
f) Payment to Devo & Assoc for monthly airtime ($6,309)
g) Approval of Jr. Fire Assoc Membership for Ian Gaynor
h) Approval of Rec Cmte S/E application to use Pleasure Park for basketball through
2/28/13
i) PO to Surfside Electric for repairs to 10 poles on Arnold Ave ($3,250)
j) Renew Amuse. Games Licenses for Bdwlk/Central Ave Assoc (3) & Jenk’s South (22)
k) Appointment of Glen Purves to position of P/T Plumbing Subcode Official
l) Payment to Kevin Scibilla Forestry for Forestry Mgmt Plan/Haz Tree Inventory
($4,480)
m) Water/Sewer bill adjustment for 303 Newark Ave (-$2,110.73)
n) Recognition of properties of historic value to PPB (25)
o) Sewer bill adjustment for 10 Harvard Ave (-$354.33)
p) Payment to Waterway Inc. for hose & ladder testing for PPB Fire Dept ($4,648.30 /
PO was $3,470.50)
q) Payment to Bruce Stavitsky for 2011 & 2012 tax appeal refunds ($4,284)
r) Payment to Clayton Family LLC for 2011 & 2012 tax appeal refunds ($22,519.30)
s) Payment to Sitar Law Offices/Norkus 2011 & 2012 tax appeal refunds ($18,635.40)
t) Payment to Meridian Health for 48 Spec Officer II recruit physicals ($13,200)
u) Payment to Plainfield Consult for 33 Spec Officer II recruit psych tests ($10,725)
v) Payment to Brick Cardiovascular for 49 Class II Spec Officer recruit screenings
($12,250)
w) Approval for Karen Mills to carry 5 unused vacation days, to be used by 4/30/14
x) Payment to T&M Assoc from escrow accounts ($2,593)
y) Establish referee/hall monitor salaries for 2013/2014 Recreation Basketball Program
z) Appointment of referees (5) for 2013/2014 PPB Recreation Basketball Program
CONSENT RESOLUTION 3:
a) Payment to Weisleder Ford for extended warranty on 2 vehicles ($6,650)
b) HELD (Adoption of updated Employee Handbook)
c) PO to Mitchell Humphrey for FastTrackGov software for BOA, BOH & Plan Bd
($5,528)
d) Payment to F& C Automotive for DPW parts ($2,595)
e) Approval of sale of 2007 Elgin Pelican Sweeper to Mantoloking for $7,500.00
f) PO to Allcomm Technologies for Police radio equipment repair ($2,648.00)
g) Payment to Fire & Safety Svcs for fire vehicle equip/service ($8,357.62/PO was $5K)
h) Approval of computer-generated vouchers ($350,564.33)
i) Payment to Derasmo Excavating for Emergency Sewer Replacement ($9,417.50)
j) Salary adjust. for Janet Mutter for passage of course leading to certification ($500)
k) Award of contract to MiBo Construction for DPW Roof Replacement ($64,945)
l) Authorization for BA/CFO to draw down $800K of the $1.5M budgeted this year for CDL before year end and to draw down $100K from the amount budgeted for W/S before year-end
RESOLUTION 4: PO to International Salt for rock salt delivered ($5,200)
RESOLUTION 7: Authorize Borough Engineer to reject and re-bid Boston Avenue
Project (Closed Session)
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer (All items but 3/L), Gordon,
Tooker….YEA
Council Member Gordon (Only Item 3/L….NAY

RESOLUTION 6 (Recommendations from Code Enforcement Officer regarding storage containers/trailers) was discussed.
Councilman Reid: Code Enforcement Officer needs and should get direction – should send a letter to people with trailers – he can review, because sometimes those letters are scary – need guidelines (Mayor Barrella: suggested that Councilman Reid draft the letter after speaking with CEO Petrillo and send it to the rest of Council for review; Councilman Mayer: clarified that it is for one year; Councilman Cavagnaro: suggested response could either be by letter or e-mail.
Motion by Councilman Reid, to waive enforcement of ordinance and to create a registration process, as proposed by Borough’s Code Enforcement Officer, for storage containers/trailers, was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

RESOLUTION 8: Authorization to promote seasonal DPW laborer to full-time at a salary of $31,250/annum for a 40-hour week (Closed Session) was discussed.
Councilman Cavagnaro: currently, one parking meter person is in charge – his backup passed away about a year ago – this is about a $1.9M revenue stream – if something should happen to current employee, there is no back-up in place – this individual has been trained as a seasonal employee and is ready to move into the full-time position – during winter months, she would work as a DPW employee and, during summer months, she would work with parking meters (Councilman Mayer: asked the cost of benefits; BA/CFO Riehl: either single or employee/spouse – $11K or $17K, with a 3-month lapse before benefits kick in – paid $12K for that salary this year, so not a full $31,250 increase to salaries; Councilman Mayer: impact on health benefits is more dramatic than impact on salary – need a way to solve it going forward.
Motion by Councilman Gordon, to promote Linda Criqui to the full-time position of meter/public works laborer at the annual rate of $31,250.00 for a 40 hour work week, was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker….YEA
Council Member Mayer….NAY

Ordinance 2013-38 (Amendment to Zoning – Definition of Story) was considered on second reading. Mayor Barrella: Planning Board reviewed and voted 5-1 to recommend that Council reconsider introduction of this Ordinance, until a study can be conducted evaluating potential unintended consequences – they had a number of suggestions, as well. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Gordon to close the public hearing was seconded by Councilman Mayer and carried by roll call vote.
Councilman Cavagnaro: Planning Board also offered to draft the Ordinance
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA
Motion by Councilman Cortes to table Ordinance 2013-38 was seconded by Councilman Mayer and carried by roll call vote.
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 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 the public hearing was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker….YEA
Council Member Mayer…..Abstain, due to potential representation of DEP in these matters
Motion by Councilman Cavagnaro to adopt Ordinance 2013-42 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Gordon, Tooker….YEA
Council Member Cortes…..Recused himself
Councilman Mayer….. Abstain, due to firm’s potential representation of DEP in
these matters

Ordinance 2013-44 (Taxi Licenses) 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 the public hearing was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA
Councilman Reid: important that all taxis doing business in town be licensed – gives Police teeth to ensure public safety; Councilman Mayer: asked Police Chief if he was satisfied (yes).
Motion by Councilman Reid to adopt Ordinance 2013-44 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA

Ordinance 2013-45 (Bond Ordinance – Fire Rescue Vehicle) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA
Motion by Councilman Cavagnaro to adopt Ordinance 2013-45 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA
RESOLUTION 5, P O to Pierce Manufacturing for Fire Rescue Vehicle ($430,581.13) to become effective 20 days after the publication of Bond Ordinance adoption, was opened for discussion.
Motion by Councilman Mayer to approve purchase order to Pierce Manufacturing in the amount of $430,581.13 for Fire Rescue Vehicle to become effective after the Bond Ordinance becomes effective and funds are available was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA

Ordinance 2013-46 (Stop Sign – Griffiths and Arbutus) 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 the public hearing was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA
Councilman Reid: great idea and long overdue – spoke with area residents – after receiving letter with pictures of signs, hydrant and telephone pole, suggested moving the ‘Dead End’ sign on Osprey and putting the ‘Stop’ sign where the ‘Dead End’ sign was; Councilman Cavagnaro: spoke with property owner, who is concerned it would destroy his property value – when it was pointed out that a lot of people have signs on their properties, for No Parking, Speeding, etc., the conversation ended abruptly; Councilman Cortes: difference is that, in most locations, there is a strip of grass between the curb and the sidewalk while, here, the sidewalk abuts the curb – although it’s still in the right-of-way, it has the appearance or perception of being on his property; Councilman Reid: wants a ‘Stop’ sign there, but must be some way to make it easier for the property owner; Mayor Barrella: ‘Dead End’ signs are not set by ordinance and DPW can move them: Councilman Reid: talking about two different signs, a pole and a fire hydrant – must be some relief we can give this family; Chief O’Hara: there are certain guidelines as to where you can put the ‘Stop’ sign – don’t know anything about the letter; Councilman Gordon: let’s just approve the Ordinance and give guidance to DPW to find another location for the “Dead End’ sign; Councilwoman Tooker: the ‘Dead End’ sign should go on Osprey, anyway.
Motion by Councilman Cavagnaro to adopt Ordinance 2013-46 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Cavagnaro, Mayer, Gordon, Tooker….YEA

Ordinance 2013-47 (Amendment to Special Event Ordinance) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cavagnaro to close the public hearing was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA
Councilman Cavagnaro: this has been in the works for a long time – all adhere to existing ordinance except 2 businesses on the Boardwalk – this cleans that up and, hopefully, gets everyone on board, so taxpayers aren’t picking up bills they shouldn’t; Attorney Gertner: tried to develop a procedure for church groups and other organizations protected by the First Amendment – suit came about in 2010 or 2011 out of an organization in Michigan that also dealt with that issue – tried define First Amendment rights and process to give the Clerk some direction on how to address those requests – that was another purpose for the ordinance; Councilman Mayer: asked what other changes were made; Deputy Clerk: exclusion on beach badges was made at introduction; Attorney Gertner: some of the fees were increased also (changes made prior to introduction to the prior ordinance) idea was to clean up issues, non-enforcement, raise some fees slightly, deal with First Amendment issue and unify the process; Councilman Mayer: concerned about impact on fireworks and movies on beach (Mayor Barrella: they are Special Events under the terms of this ordinance – discussed this with BA/CFO Riehl and Ed McGlynn on Friday – Borough has to come-up with a simplified set of mechanics for businesses and a fee structure that reflects a multitude of events – for example, the Easter Egg Hunt does not place a great deal of demand on our Police Department, but fireworks tend to – there’s a recognition from Jenkinsons that there are events that have a greater burden and we need to fix that – the conversation with Mr. McGlynn was very cordial – going to move forward, get this in place and entertain any desire for any kind of bulk application; Attorney Gertner: there is a recognition of that point, that ‘nothing herein shall be construed to limit the following application for more than one assembly in the period of a year – question is the mechanics – think it could be handled administratively: Mayor Barrella: there is definitely a need to defray cost burdened by the taxpayers, while considering and weighing the needs of our business entities – leaves it open for us to move forward in partnership; Councilman Cavagnaro: Council has right to decide how to handle each event – not meant to be onerous and go after every little thing someone does; Mayor Barrella: Mr. McGlynn and the Chief came up with a fee schedule; Chief O’Hara: have done this with the Chamber for their Cruise Nights for years – Chamber’s application lists 6 or 7 cruise nights over a 6-month period – we approve it as one application, set the fee and it’s done; Councilman Cortes: asked if this applies to private parties at houses; Mayor Barrella: yes – if they would cause a need for Police services.
Motion by Councilman Cavagnaro to adopt Ordinance 2013-47 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
*Mayor Barrella: while Mr. McGlynn is not necessarily in favor, he understands the reasoning behind this – if we don’t get something done, we’ll still be talking about it in 2016, 2018.

Ordinance 2013-48 (Amendment to Nepotism Ordinance) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cavagnaro to close the public hearing was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA
Motion by Councilman Cavagnaro to adopt Ordinance 2013-48 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Cavagnaro, Gordon, Tooker and Mayor Barrella*….YEA
Council Members Reid, Cortes, Mayer….NAY
*Mayor Barrella: this takes an ordinance that’s been in existence since 2004 when Councilman-Elect Vogel was Mayor Vogel, which was modified in 2005, and modifies it by adding Freeholders and members of the State Legislature, who serve PPB, to the categorization of political figures covered – when you take an oath to represent a municipality or a district or a county and its residents, you shouldn’t also be using that position as a means of garnering work for a law practice, an engineering practice, an accounting firm or whatever else you do – unfortunately, that seems to be standard practice in New Jersey – PPB deserves better – political patronage needs to stop and this is a good first step – this is a good government ordinance and makes absolute sense – someone representing the people of PPB in an elective capacity should not be seeking work from those residents and elected officials within that municipality.

Ordinance 2013-49 (Guidance for Borough Professionals Regarding Referrals) 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 the public hearing was seconded by Councilman Cavagnaro and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA
Motion by Councilman Cavagnaro to adopt Ordinance 2013-49 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
Mayor Barrella: at last Council meeting Mr. Gertner commented that he would prefer not to see this type of ordinance passed, addressing his policy views – from a legal viewpoint, he didn’t articulate any objection to the ordinances – his belief in the goodness and faith of mankind is an admirable quality – one he shares with Councilwoman Tooker – however, other Mayors said, “that’s a great idea,” when told we were considering this.

Ordinance 2013-50 (Amend Meeting Protocols) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cavagnaro to close the public hearing was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA
Councilman Mayer: asked if ordinance impacts Council's ability to adopt protocol policy by resolution, subject to limitation that it needs to be renewed annually; Attorney Gertner: you can do by resolution, because the Governing Body changes every year – glad his advice to get rid of this was taken – talked about Howell’s ordinance, which is very comprehensive but would have to be tweaked, as Howell is a different form of government – good idea in this day and age to have some sort of protocol; Mayor Barrella: welcomes a protocol, with Mayor's and Council’s input, as opposed to efforts to violate state law by limiting the powers of the Mayor – everyone talks about the Borough being a weak Mayor form of government, but PPB Mayors have historically been strong, not traditionally taking the back seat that Mayors in many other towns do – the fact is, the Mayor’s office gets blamed for everything – for example, borough professionals are within the executive part of the government, part of the Mayor’s office – they are appointed by the Mayor with the advice and consent of Council – it appears, through the politics of it, that the advice and consent is withheld, and Council appoints whomever they want, regardless of their qualifications – understands that Statute provides for this, if it’s rejected, but it is part of the executive – meeting protocol makes some sense, but what we had from 2010 was simply a creation of incompetence that did nothing more than attempt to eliminate the executive branch of government – that would not be acceptable; Councilman Mayer: no one wants to hurt the office or position of the Mayor – ordinance now states you have a resolution protocol that continues in effect until suspended or amended – you’re creating a situation in which you have to re-adopt the protocol every year – doesn’t know if that makes sense – understands the Mayor wants to be involved with the drafting of the protocol and he certainly should; Mayor Barrella: could put protocol in place by Ordinance; Councilman Mayer: Howell did that; Attorney Gertner: there was some political history there that fostered the creation of an ordinance rather than a resolution – it lays out some ideas that Mayor and Council could look at – would have to be tweaked, as it’s a different form of government; Councilman Mayer: asked for a copy of Howell’s protocol – point of this ordinance is that it creates a void – you’d be back to “Robert's Rules;” Mayor Barrella: better way is to start fresh; Councilman Cortes: clarified that, if ordinance is rescinded, we revert to “Roberts Rules of Order;” Mayor Barrella: an example of an item in there is a member of Council telling the Clerk to put something on the agenda – have always put on what he’s been asked, not always for first reading; discussion ensued between Councilman Cortes and the Mayor on how his “story” ordinance was handed differently than Councilman Cavagnaro’s “stop sign” ordinance; Attorney Gertner: have to work on something that is personality-neutral – that's your civic responsibility to the residents, to work together and discuss where you disagree – if one side goes too far, the pendulum will eventually swing back – each is guided by his own conscience and is responsible to the voters – will provide Howell’s protocol – it’s a good place to start.
Motion by Councilman Cavagnaro to adopt Ordinance 2013-50 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Cavagnaro, Gordon, Tooker and Mayor Barrella….YEA
Council Members Reid, Cortes, Mayer….NAY

Ordinance 2013-51 (Temporary Disability Benefits) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cavagnaro to close the public hearing and adopt Ordinance
2013-51 was seconded by Councilwoman Tooker and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA

Ordinance 2013-52 (Capital Surplus Bond – Police Vehicle and vehicle equipment) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cavagnaro to close the public hearing was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA
Councilman Mayer: spent time reviewing Lt. Michigan’s memo on Police vehicles – asked Chief how many patrol vehicles he needs at one time; Chief O'Hara: normally run with 4 front-line patrol vehicles at one time – the others are secondary, high mileage, older vehicles that are used for traffic duty and road jobs, by special officers for events at the schools or special events, such as at the Elks, and used in the summer to get back and forth from the Boardwalk sub-station – when used to the point that vehicle is no longer viable as a front line vehicle, it is relegated to second line status and used in those instances – stopped making Crown Victoria Police interceptors in 2011; Councilman Mayer: got two 2013 Explorer Interceptors as Sandy replacements – asked if flooded vehicles were relatively older – have quite a few sitting back there; Chief O’Hara: Sandy-damaged vehicles were 2 or 3 years old – use the cars until they are no longer viable, cannibalize them for parts to save repair money, then auction them – just got rid of 4 for $1600; Councilman Mayer: – asked how many cars are needed per year – what should be in the budget; Chief O’Hara: past history has always been 2 vehicles per year, until about 4-5 years ago – the budgets weren’t kept up to the levels to maintain that – that’s when we started getting more and more into SUV’s, because you can’t capital bond a car, only an SUB – part of the predicament we’re in now – when survey was sent out to everybody 7 weeks ago, asked for 2 vehicles – 2 ways of doing it: 1) both through capital surplus or 2) one through capital surplus and one through operating budget, after transfer from salaries to operating – trying to get back up to an operable fleet; Councilman Cortes: asked if this would put them back on cycle; Chief O’Hara: yes – after Sandy, there was a lot of sand and debris in roadways that contained a lot of salt – now having corrosion issues, according to the mechanic, especially with the older vehicles; Councilman Gordon: although beside the point, should look into getting fresh water wash downs, which might help; Mayor Barrella: asked about 2014 Dodge; Chief O’Hara: they had a leftover 2013 sedan – doesn't know if it's still available, because it’s been several weeks since price was quoted – there was a $1500 price difference, with the 2013 available immediately and a 3-4 month wait for the 2014; Councilman Cortes: asked if it is the two 2013 SUV’s that need the extended warranty; Chief O’Hara: yes – worked with BA/CFO to find funding for that – those SUV’s were 1st model year – many times, first model year vehicles have bugs to be engineered out – these will be second generation – if we get one and one, will only have 1 SUV and 1 Sedan – lot of towns are going to the Dodge sedan because it's bigger than the Ford; Councilman Mayer: explained that capital surplus has been assembled, almost entirely, from collective premiums on note sales – pretty common in the note world – sell a note with an interest rate of 1.25% and they give you a premium that brings the net interest cost down to 1% – our CFO, like many CFO's, has been collecting that premium in capital surplus – prefers doing transfer from salary and wages to operating – get 1 now, work to get 1 in next years' budget and get you on a schedule; Chief O’Hara: would love to have 1 or 2 cars in the budget every year but that never happens – that’s why we’ve had to purchase through capital – part of his recommendation for this is that we’re using funds that are available now and that won't impact the 2014 budget; Mayor Barrella: to answer the average person, asked why the Police Department needs these; Chief O’Hara: so we can do our job – when you pick up the phone and dial 9-1-1, you want someone to get there – if car breaks down on the way, a delay of two minutes could put someone's life at stake – the older sedans get moved to second line – the very oldest get moved to the bone yard where they are cannibalized for working parts and then auctioned off for a couple of hundred dollars scrap value; Mayor Barrella: remembers a long-seated Councilman who constantly complained about the number of Police vehicles; Chief O’Hara: run with 4 front line cars – number of cars in fleet doesn't increase our insurance – we own it, there’s no savings in getting rid of it, but there is a savings in utilizing it for secondary uses and parts; Mayor Barrella: so, when people see a lot of Police cars they shouldn't think that of them are capable of doing patrols; Chief O’Hara: correct – also have some vehicles which we’ve gotten some from the Federal Government for free – have a 1994 Oldsmobile sedan, used by administrative officers and officers going to training – got them for free, through forfeiture, from the Ocean County Prosecutor’s Office – take advantage of every avenue we can – got 5 OEM vehicles for free from the Federal Government – are very conscious of the taxpayers and tax dollars – are as prudent as can be in the spending of funds – that’s why cars are kept as long as possible and cannibalized for parts – preference is for the Dodge if it’s only 1, but need 2 to get Department to where it needs to be; Mayor Barrella: CFO’s preference is to purchase through capital surplus; Councilman Mayer: operating budget has remained flat – learned that it was reduced before his two years – asked if there’s any reason to believe that he can’t reproduce this year next year; Chief O’Hara: there’s a lot of factors involved – lousy weather’s good as we don’t spend as much for specials, but it’s bad for everyone else in town trying to generate revenue from good weather; Councilman Gordon: this is an opportunity to incentivize all our department heads for being prudent and managing their budgets – when they have extra dollars available you don’t take it away from them and give them nothing – have an opportunity to reward a department head who has managed his budget accordingly, to be able to purchase the vehicles he needs, so he can baseline his workforce – so we can move forward, buy at least 1 vehicle/year to get back on that cycle which was mentioned earlier; BA/CFO Riehl, in answer to Councilman Mayer’s question: preference, if talking 2 cars, is 1 of each – if talking 1 car, preference is from capital surplus, because it’s there – appropriation could be used for other purposes, transferred to other accounts that might need to be covered, cancelled or lapsed into 2015 if not used.
Motion by Councilman Cavagnaro to adopt Ordinance 2013-52 was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cavagnaro, Cortes, Mayer, Gordon, Tooker….YEA

Motion by Councilman Mayer to deny Consent Resolution 2 died for lack of second.
Motion by Councilman Gordon, to adopt items listed below, was seconded by Councilman Cavagnaro and carried by roll call vote.
CONSENT RESOLUTION 2:
a) Transfer of funds between 2013 Budget accounts ($40,314)
1) PO to Winner Ford for Police vehicle ($37,699)
b) P O to CDW-G for equipment for Police vehicle ($3,695)
c) P O to Blazing Visuals for graphics for 2 cars ($789)
d) P O to Carman Dodge for ‘13 or ‘14 vehicle, equip. & paint ($35,830 or $34,320)
VOTE: Council Members Reid, Cortes, Cavagnaro, Gordon, Tooker….YEA
Council Member Mayer….NAY
Chief O’Hara: thanked Council on behalf of the Department and residents of PPB.

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 10:17 PM.

Sharon Cadalzo, PPB: here on behalf of Shade Tree Commission, which received an 11th-hour change to the Forestry Management Plan, already approved – year is wrong, Kim Dietz’ name is wrong and, in 2014, want to establish a trust fund for replacing trees – grant expires 12/31 – asked for approval tonight, in order to submit paperwork for reimbursement (Attorney Gertner: 2 items are ministerial changes – trust fund can be dealt with separately at another time, as it does not have to be part of the submitted grant – Mayor will have to mark up what he signs).
John Morrongiello, PPB: thanked Council Members Cavagnaro and Tooker for their service.

PUBLIC PARTICIPATION PERIOD ENDED AT 10:19 PM.

Motion by Councilwoman Gordon to adjourn the meeting was seconded by Councilman Cortes and carried by consent of Council.

The meeting was adjourned at 10:20 PM


Published March10, 2014 | Council Minutes | 1797


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