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February 18, 2014

Council Minutes

Mayor Barrella called the regular meeting to order at 6:33 PM. Present were Council Members Reid, Cortes, Vogel, Mayer, Gordon and Toohey. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Reid, to enter closed session to discuss (1) present status of contract negotiations with TWU, including but not limited to discussion of parameters of possible resolutions of the issues between the Union and the Borough, and (2) negotiation strategy for acquisition of property; authority for counsel to negotiate purchase price up to a not to exceed number as determined by the Governing Body, was seconded by Councilman Mayer and carried by the following roll call vote. The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting
VOTE: Reid, Cortes, Vogel, Mayer, Toohey…..YEA

Closed Session began at 6:38 PM and ended at 7:00 PM.

Chief O'Hara: addressed security camera system expansion project, which started in 2006/2007 – Guy Dempsey installed a hard-wired camera system in town, power company running wires – system is not working – that technology is so old and outdated that it's not worth trying to repair – Phase I, installed last year by NJ Business Systems, encompassed most of the infrastructure, Borough Hall cameras, cell blocks, District 2 roof with zoom from Parkway out onto beach – Phase II would add cameras to Boardwalk, Ocean Avenue, Silver Lake lot area, business district (which was originally Phase III), the train station and Arnold Avenue gazebo – looking to expand system with money bonded last year – asked for questions and received none over the last 2 weeks – would have 3 cameras on one pole at Route 35N and Arnold, one covering the train station platform area, another covering the gazebo, the third would be a zoom covering the intersection, down Arnold Avenue through town and north to McLean Avenue – will also be cameras at 35 South, at Bay and Arnold, in the Municipal Lot, behind 605 Bay, where the High School students park – they are remotely controlled from the dispatch desk – secure private wireless network – footage is currently archived for several months – more cameras will fill storage quicker.
Paul Lobecker and Martin McDonald, representatives from NJ Business Systems: designed to archive for 30 days,
Chief O’Hara: footage can be burned to flash drive or DVD if needed for evidentiary purposes (Mayor Barrella: asked about records retention policy – there is capability to save the data externally; Councilman Toohey: asked if footage goes to police server or is web based, and if there would be a need for a larger server) secure server housed here – outside access cannot be allowed because of other data that is on the secure network.
Mr. McDonald: built infrastructure during Phase I – put in Network Access Storage drive and software to get the system running – now adding cameras – designed fully functional dedicated server and licensed software for evidentiary and investigative purposes (Councilman Toohey: asked about real time access) yes – view it live and archive it – police use it as a tool to gain knowledge of a scene before they get there.
Councilman Reid: asked about additional training (Chief: none needed – already trained).
Mr. Lobecker: State police keep it for 7 days – will fill up faster in summer, but in winter will get about 60 days.
Chief O’Hara: Phase II has expanded and changed – added more cameras as downtown area was incorporated – licensing of software was added due to the volume of cameras – there is no monthly charge (Mr. Lobecker: there is an annual software support fee of $44/camera)
Councilman Mayer: asked about tower at Coast Guard station (Chief O’Hara: have requested use, as it gives greater quality and speed at the north end – spoke to Coast Guard Chief, who had no problem with it, but is awaiting answers from his superiors – no objection so far – it greatly increases our capabilities to have something at that height – would like to move forward with the other items; Paul Lobecker: worse case, would have to put a small tower at the Inlet; Mayor Barrella: asked about using the wind turbine; Chief O’Hara: not as high as other tower – another idea was to use the 4-story cupola on the Coast Guard building; Councilman Gordon: suggested that Congressman Smith be contacted to help expedite) asked about DPW building (Chief O’Hara: based on history, DPW was not a high priority – opted not to include it at this time due to funding constraints – if Governing Body feels it's important to have a camera there, it would cost an additional $4,694 – can use what's left of 2008 and 2013 bonds, which leaves a shortfall of $2,044 – DPW Superintendent Trout has offered to pay the difference out of his operating budget, as he’d like a camera there) asked about visibility at train station (Chief O’Hara: referred Council to map – coverage is pretty good; Paul Lobecker: adjustable, can zoom in and out to create an acceptable field of view) will record everyone getting on and off the train.
Councilman Cortes: asked about maintenance and if they had installed other systems close to the ocean/salt air [Mr. McDonald: a private network that the Borough owns – high-speed, microwave and wireless – Phase I close-out documents indicate 90 days maintenance on their dime – optional maintenance is determined and a maintenance contract is provided – there are several options – all IPO numbers, passcodes, serial numbers, etc. are handed off to the client; Mr. Lobecker: Cape May, Avalon, Wildwood, North Wildwood, Ocean City and Berkeley Township, with most of them on the boardwalk; Mr. McDonald: microwave dishes not a concern – the outer covers of the Atlantic County Utilities Authority’s cameras get pitted by sand, but the cameras are protected – they should get changed out every year or two – post warranty coverage is about $13K/year on a $75K contract (Phase I); Mr. Lobecker: yearly maintenance would be about $20K – could be less if you have people to do preventive maintenance: Chief O’Hara: people in Police Department could do some things, if necessary – not anticipating a lot of problems, based on research and history; Councilman Reid: referred to the parking meters that weren't covered years ago and down time led to loss of revenue; Mr. Lobeker: no down time in sending cameras back for repair under warranty, as spares are provided] asked if Chief has designee to handle warranty information (yes – several people who are used to doing this).
Councilman Mayer: asked about a possible Phase III (Chief O’Hara: yes, in a perfect world – took a couple of cameras out of this proposal due to funding constraints – proposed cameras at Channel Drive and Boston, at the base of the Route 35 bridge, at Woodland and Arnold, at the western end of downtown business district, at Bay and Trenton by the High School, at the south end of the Boardwalk at Forman Avenue – had to prioritize the busiest and most critical areas) asked what it would cost to complete the system (now, about $50K, which would bring the total close to $190K; Mayor Barrella: asked if Councilman Mayer was considering doing everything at this time) no, just adding the DPW camera – asked where funding would come from (BA/CFO: about $2650 out of bond ordinances and the rest out of DPW operating budget).

Mayor Barrella called the regular meeting to order at 7:33 PM. Present were Council Members Reid, Cortes, Vogel, Mayer, Gordon and Toohey. The Deputy Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

A moment of silence was observed for Angelo DiGenio, the father of Municipal Clerk Ellsworth, and Lester William Dwyer, previous DPW Superintendent.

Motion by Councilman Mayer, to approve January 28, 2013 Council meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Motion by Councilman Gordon to approve the February 4, 2013 Council meeting minutes died for a lack of second.
Council Mayer: asked the Mayor to hold these minutes as there are a lot of addenda items – Mayor thinks there is a political element to that – hasn't had a chance to read them (Mayor Barrella: Clerk Ellsworth got these minutes out on Sunday after she lost her father, which was not an easy time – Monday was a holiday and they took him about 15 minutes to read – if Councilman Mayer hasn’t read them, that’s different and Council shouldn’t vote on them – nor should they have voted on the December, that he requested be held, at the January 7th meeting) asked BA/CFO to have department heads get all agenda items to Clerk by Wednesday – have even been voting on things not on the agenda – doesn’t think that’s good government – spoke to Clerk Ellsworth on Saturday morning (Councilman Gordon: it was Councilman Mayer who asked that minutes be completed in a timely fashion).

Mayor Barrella: Bay Head is looking for PPB Mayor to execute letter of support for Bay Head’s application to NJDEP for future projects related to Twilight Lake – was due February 15th, but popped up in BA/CFO’s junk mail today [Councilman Toohey: there is an anticipated problem with the Manasquan Inlet as a result of the beach replenishment project to the south of it – spoke about this at last Council meeting – would like it added to March 4th agenda as declaration of support – asked for Council's input – Inlet affects other towns besides PPB – if adopted, could begin to circulate to other municipalities with a signing date in late April or early May – Army Corps (ACOE) needs to be brought up to speed on what could happen – effect on the local economy of Inlet closure is incalculable] have only gotten 3 easements back – concerned that this letter could cause the government to pull the dune project – our largest businesses are opposed to the dune/beach replenishment project – those people have very powerful friends in Trenton, as we’ve discovered over the last couple of years with interference here in PPB – as a consequence, anything that would call this project into question could be seized upon to kill the dune project in PPB – that would be far more dangerous than waiting a weekend for an ACOE dredge to come through – believes there are powerful forces looking to kill this project in PPB and if this type of letter is allowed to be circulated, it will be seized upon by their friends in Trenton to do so – would hope this could be done on a more informal level, where we simply express concern to the ACOE to deal with existing shoaling – any reference to the replenishment project is just an invitation for those who don’t want this project to pick up the telephone and say PPB doesn’t want this (Councilman Gordon: likes the initiative and the inclusion of so many bodies, but what the Mayor says rings true – asked if this could be put on the back burner after the dune project) asked about extending an invitation to affected communities to come here for an information meeting (Councilman Reid: should share with Environmental Commission – Councilman Toohey has surfed here and understands the movement of sand up and down this coast – it’s a concern – doesn't think a letter to the Federal Government would set off alarms, but maybe should share with the neighboring Environmental Commissions, see what they have to say about it, and go from there; Councilman Toohey: touched base with the Mayor prior to sharing with another Environmental Committee) if you google Thames River barrier, you’d see what his idea is for the Inlet, which is basically to extend the jetties perpendicular to the Inlet and put in moveable barriers to block storm surge – that is something that would protect the back of the Manasquan River – something that we need to try and garner some cluster support for (Councilman Toohey: has no problem reaching out to other communities, if authorized – language of the letter, however, clearly indicates that we do not want to discourage this project from taking place – cautioned the Mayor that the second part of the letter refers to the spit developing between the south jetty and the mile marker which is a true navigation hazard) should make an appointment to speak with Congressman Chris Smith (Councilman Gordon: asked if Coast Guard has recognized this as navigational hazard; Councilman Vogel: suggested reaching out to Ray Bogan and fishing industry – while we think one weekend is no big thing, they have certain windows for certain species and it could impact their livelihoods) shares concern for the fishing industry – also concerned about the 1800 people affected by Sandy flooding (Councilman Toohey: doesn’t want to see what happened at the Hook in Monmouth County to happen in PPB, when he knows he was sitting on this letter – some people lost their livelihoods – however, sees the wisdom in getting other municipalities involved prior to this and will do).
Mayor Barrella: asked why Mr. Gasiorowski's letter is on the agenda (Councilman Mayer: asked that it be put on – apparently, discussion has been ongoing for a long time – asked that Attorney Riordan take a fresh look at it – would like to see if an agreement can be reached without going to court; Councilman Gordon: asked what the compromise would be) has been an ongoing matter – concerned that it is on an agenda and not listed for Executive Session – asked why the Governing Body is not getting Attorney Gertner's input (Councilman Reid: been talking about this for a while – need to know where we stand, legally) procedurally, doesn’t make sense – Mr. Gertner has worked on this for about a year and a half – now we’re going to have someone else look at it – doesn’t understand the benefit of that – wanted Mr. Gertner to brief us on ongoing matters this week, but the agenda was full with the Chief’s presentation – can do that on March 4th – doesn’t understand why it’s listed as correspondence, as it’s a potential litigation matter and belongs in Executive Session (Councilman Mayer: doesn’t consider it as such – picked out the more interesting letters this week and added them to correspondence – have a CAFRA permit to cross a dune without ascertaining that we could walk up our flag lot – would like to bring that to resolution – Mr. Gasiorowski has asked for an answer and he’s trying to give him one) the answer should be it’s our property and we’ve got the right to go up there – this is not the kind of discussion to have in public – have now thrust it out here by putting it on the agenda (Councilman Gordon: asked, if we exercised our rights to use our flag lot to access our beach, if will be sued by that property owner; Councilman Mayer: that’s why hed like to see them reach agreement as to what it all means; Councilman Reid: should probably stop talking about it) should hold until March 4th – would benefit from having Mr. Gertner present to discuss it (Councilman Mayer: discussed with Mr. Gertner this week – suggesting a slight change of course – asked if anyone objected to Attorney Riordan reviewing the matter and reporting back to Council in Closed Session on March 4th; Councilman Gordon: have had counsel working on this for two years – going to throw out that knowledge and hand it over to Attorney Riordan, who has to start from square one; Councilman Mayer: not true, not throwing any of it away – would like to have a fresh look at it – had extensive discussions with Attorney Gertner, including this week – would like it resolved as it’s lingered a long time; Councilman Toohey: this has been out there for 2 years – would like current counsel to look at it and see it resolved).

COMMITTE REPORTS:

Councilman Reid: football championship dinner was amazing – had the opportunity to read the proclamation from the town, as the Mayor couldn’t make it – food and rings were donated – proud to be a part of it – this community is great; went to Chamber dinner – awards were also given out – Councilman Mayer did a great job handing out the plaques; DPW and Water/Sewer Committee meeting was snowed out – will meet soon; had great meeting with Shade Tree Commission – discussed getting a water buffalo to water new trees and shrubs – Beautification Committee could use it as well – these trees and plants are an investment – volunteers will work it, not DPW – suggested water pits for hoses around Lake of Lillies, as putting a lot of money into lakeshore restoration – Mayor's letter was given to Coach Wagner with the other proclamations – each football player got copies of all (Mayor Barrella: wanted team to know that he couldn’t make it, as his daughter’s bridal shower was that day).

Councilman Cortes: spoke to Borough Engineer about the Boardwalk – still at March 27th completion date – few hiccups with underground utilities going into Jenkinson’s and Martell’s – they are updating their infrastructure underneath, while the Boardwalk is ripped up; T&M has rough sketches for police substation; paperwork will be filed on time for Little Silver Lake dredging (Councilman Mayer: EIT deadline is March 4th – asked BA/CFO to remind Borough Engineer – need to also focus on larger dredging project) complaint on drainage at the end of Curtis Avenue abutting Five Fitness – Engineer is coming up with cost for a storm drain to alleviate flooding (Councilman Reid: scheduled meeting with DEP on February 24th at Senator Holzapfel's office to talk about Little Silver Lake drainage flaps and dredging – Vince Castin will attend, along with the Borough Engineer).

Councilman Vogel: spoke about taxi ordinance and seasonal licenses – after reviewing mechanics, there are a few things missing – would like to modify ours – doesn't set a time parameter for seasonal license, would like to set from May 1st through September 30th – not enough flexibility – need enough cabs to get people out, but don’t want taxis wandering outside the zone – can set minimum number of licenses and bid amount by resolution – require background checks – need strict language that you must pick up the next fare or lose your spot in the queue – consider revisions for next meeting; front lawn parking issue meeting coming up; thanked Chief for presentation on security camera system – asked that 3/z be modified to include additional camera; will get copies of taxi ordinance revisions out for next meeting; addressed the second hand dealer ordinance – asked for comments to the Chief

Councilman Mayer: confirmed budget meeting with Court and Building Department on Thursday – will meet with Police on February 25th (Mayor Barrella: asked if employees would be entitled to overtime for night time budget meetings; BA/CFO: some will get overtime; Mayor Barrella: confirmed they are closed meetings – should be grateful that we have people who are willing to come in at night to accommodate Council members who cannot meet during the day) many Council members work during the day but still spend plenty of time on Council business.

Councilman Gordon: met with members of Fire Company #1 and their 2015 truck committee – have selected the type of vehicle wanted and will try to use state contract – with the advent of the number of houses that have been raised, the need for an extension ladder has become paramount – lead time for purchase of vehicle can be 9-11 months – will invite members of fire & rescue committee to next Council meeting to start that educational process.

Councilman Toohey: on behalf of Environmental Commission, thanked BA/CFO Riehl and DPW Superintendent Trout for smoker's post sample that was placed by Green Planet; reminded all about restrictions on striped bass fishing; spoke about trails grant program for the maintenance and creation of trails – Federal monies were not distributed in 2013 – seems State is discontinuing program for 2014 – drafted letter asking them to reinstate the program and on March 4th, will ask for declaration of support to send to State; another dune issue, is outflow structure at south end of PPB – when met with DEP, there were some concerns about their plans for that structure – right now, that pill box doesn’t drain correctly – going to sit roughly 200 feet from shoreline in the middle of the dune – DEP recommended floating our own plans – Councilman Reid will bring up during meeting with County Engineer on the 24th to see if there are any plans in the works to change the design – wait to hear from him after that meeting Councilman Reid: Mayor will speak to County Engineer); thanked Council for green light on dunes and Inlet – will be reaching out to other municipalities; talked about Risden's project at Open Space – something that has gotten some residents annoyed – want to remove the sand underneath it and get it functional – it's taking a long time – it is reimbursable – still working with the Department of Corrections (DOC) to remove as much sand as possible – at some point, will have to have the remainder removed professionally – additionally, are weighing 2 architectural firms – should be prepared to award at next meeting; had circulated a curb cut letter to Council at last meeting, which informs homeowners that curb cuts are at the express consent of Council – CO Gardner and ZO Petrillo made some additions and are happy to work with him; meeting on front lawn parking issue next Friday – should have a recommendation at that point (Councilman Reid: thanked Councilman Toohey for curb cut letter – important that applicants come to Council before going to the boards; Mayor Barrella: asked BA/CFO to put on list to discuss curb cuts with County – County is approving curb cuts on County Roads before Council does – town should either be out of it or approve them before they go to the County).

Mayor Barrella: referenced an “Ocean Star” article on how PPB abruptly ended a shared services agreement with Point Pleasant (Boro) – Boro Attorney Dasti, with the firm of Dasti, McGukin, Connors and all the other legislators, commented that we abruptly ended it eight days earlier – apparently, a bunch of people went to a Boro Council meeting – all ticked off that there was no electrical inspector – thinks Attorney Dasti came up with a cover story that PPB did this to them – not true – PPB had a shared services agreement for electrical services until 2010 – not happy with what their attorney said or with Councilwoman DePaola's comments that the shared services agreement for construction, put into place in 2011, has also ended – PPB never had a shared services agreement for construction code with the Boro – people may recall a time when some members of Council wanted to take our “in the black” construction department and give it over to the Boro to help them because they were hemorrhaging money – it never happened, never went through – for them to lay this on PPB is unconscionable – will speak to Boro Mayor Schroeder and the Councilwoman about it; asked where we stand with parking permits (BA/CFO Riehl: was advised, via e-mail, that the plan will continue in place this year – will start getting placards ready – takes a lot of work to put plan into effect – trying to get a jump on it) must address certain issues in Closed Session at the next meeting to ensure there are no problems going forward, as this seems to be one of the favorite forms of litigation for certain people; has a Legislative Committee meeting on Friday and will be going to Princeton to review various items of proposed legislation – Bill Dressel, NJ League of Municipalities, was at the Ocean County Mayors’ Association meeting, reporting that Senator Sweeney is pushing a shared services bill, which would basically deprive state aid to towns whose voters refuse to implement recommended shared services agreements – weird legislation because it gives people a choice, then says, “if you choose the way we don’t want you to choose, we’re going to punish you by taking your money away” – doesn’t seem very democratic – doesn’t necessarily apply to PPB, as we don’t get any state aid, but is always nervous whenever he hears consolidation because those to the west of us, he thinks, would love to get their hands on PPB and use it as a cash cow to balance their budget – Senator Sweeney’s other thing was a zero cap.

Business Administrator/Chief Financial Officer Riehl: had passed out photos of ATM machines – finalizing negotiations for new contract – have 3 options (Mayor Barrella: asked for specifications – can't tell how big they are from pictures; Councilman Reid: talked about smaller machines a while back – these look big – also talked about getting them off the Boardwalk and into businesses; Mayor Barrella: great that you want to make a gift to those businesses of the money we make from the ATM machine fees; Councilman Cortes: would like them off to the side of the Boardwalk and not dead center on the Boardwalk; Councilman Reid: need to put them somewhere where they don’t look as bad as they did before; Mayor Barrella: wants people to use them because, when they do, PPB makes money – if they use the ones in the businesses, the businesses make money).

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)
BEGAN AT 8:35 PM.

Ray Geary, Point Pleasant Beach (PPB): had his home on Hendrickson Row for 2 years – been active in town for 25 years, with charter boats at Southside Marina – spoke against granting curb cuts which cause elimination of parking spaces – referenced comments from last meeting – there are 25 spots on Ocean Avenue and 45 of the 56 homes there, between Brunswick and Water Street, have no off-street parking – if Council approves some and not others, who have to put their houses on stilts, they will have legal recourse – gaining parking is the only financial benefit they have to putting their homes on stilts other than insurance ramifications –justifiably, can see the whole town being up on stilts in order to sell, won’t be able to get any mortgages – otherwise, town will be dilapidated with unsold properties – asked if any investigations had been done relative to the parking spaces – asked if multi-level facility at parking lot on Arnold and Ocean had been investigated.
Dave Cavagnaro, PPB: asked about items 4/f and 4/g – 202 Baltimore is looking for a second curb cut – asked about 307 Trenton – concerned with concept of anyone getting a double curb cut on their property outside of a hardship; spoke about agenda protocols – public should be able to talk about issues raised in committee reports during the 1st public participation session (Mayor Barrella: wants it on the record that Councilman Mayer said you should have to wait).
Mike Vuocolo, PPB: spoke on behalf of his Mom and her neighbors on the 300 block of Trenton Avenue in opposition to this curb cut – resided on this unique block since 1960 – behind it on Laurel Court, no one has a curb cut - asked Council to preserve the character of the neighborhood – not opposed to anyone lifting his home and putting a garage or storage underneath, but plans are out of character for the neighborhood – should consider that there is ingress and egress in the rear, where garbage is currently picked-up, as well.
Scott Simmons, PPB (applicant for the curb cut at 307 Trenton Avenue): plan to build 2-story structure with garage underneath – not violating any zoning ordinances – feels it’s an efficient way of building and wants to maximize use of the property – speaks to the story ordinance, which Council will consider later – current garage on Liberty Lane is used as a shed – wants to utilize the yard, replace the deck and put a pool there – have been 2 active curb cuts on that street for some time – not doing anything out of the ordinary – driveway would be 75-80 feet and cover more of the property if ingress was from Liberty – goal is to have a lot of open space – house will be set back further than others on that street, giving neighbors a views up and down the street that they never had before).
Frank Florio, PPB (applicant for the curb cut at 202 Baltimore): went to Zoning Board (BOA) and new house is more conforming than it was previously – wishes he had come to Council first, but did not know – recessed the house as far back from the street as possible – will take away one parking space, not trying to hurt anyone – discussed alternatives with architect at BOA and there is no way – the only alternative would be to close existing curb cut and put one in the middle – showed a picture of the home, the way the house was designed – had 11-foot wave action there – already have a County permit – asked Council for approval or he will have to redesign his house.
Karen Simmons, PPB: there are 3 curb cuts on her 300 block of Trenton Avenue – doesn't want to lose her backyard or her trees – already lost some in Sandy, would have to cut down another row of trees – putting a small elevator in the house and wants to pull into garage and unload groceries into elevator – can't do that if parked way in the back.

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

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)
ENDED AT 9:14 PM

Mayor Barrella: directed that items 4/f and g be carved out separately; Councilman Reid: asked that items 3/m, and o-t be held until after his meeting with the Chamber of Commerce; Mayor Barrella: asked if anyone on Council had spoken with Mr. Zabarsky about not showing up (Councilman Toohey: has; Councilman Vogel: will be) asked if Councilman Toohey had received assurance and was comfortable – has his doubts – commented to Councilman Vogel about Ordinance 2014-02, which repeals the 2005 Ordinance, and which he and Council Members Dyer, Loughran and Liotta had the opportunity to repeal in 2006 and didn't – repealing this ordinance, which has been in place for 9 years – trying to understand why it wasn’t repealed in 2006.

Motion by Councilman Reid, to override Mayor’s partial veto of Ordinance 2014-01 (RESOLUTION 1), was seconded by Councilman Cortes and carried by the following roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Toohey….YEA
Councilman Vogel….ABSTAIN
Councilman Gordon….NAY

Motion by Councilman Reid, to override Mayor’s veto of Ordinance 2014-02 (RESOLUTION 2), was seconded by Councilman Toohey and carried by the following roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Toohey….YEA
Councilman Vogel….ABSTAIN
Councilman Gordon….NAY

Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Cortes and carried by the following roll call vote.
CONSENT RESOLUTION 3:
a) Authorization for Building Dept to provide notice to applicants regarding curb cuts
b) Approval of Payroll #3 ($247,605.04)
c) Payment to KML Technology for upgrade to 9-1-1 workstations ($25,000)
d) Payment to United Computer for Jan-March support ($2,550)
e) Payment to Grainger, Inc. for Tennant Sentinel Street Sweeper ($165,274)
f) Payment to OCUA for 1st Quarter installment ($151,009.80)
g) Payment to Riggins, Inc. for diesel fuel for DPW ($18,491.15)
h) Payment to PPB Bd of Ed for January and March allocations ($2,264,178.88)
i) Change Order to Earle Asphalt for Little Silver Lake lot paving ($3,596.33)
j) Progress payment #2 to Earle Asphalt for Little Silver Lake lot paving ($4,380.46)
k) Payment to State of NJ for employee and retiree health/Rx benefits ($128,126.56)
l) P O to Witmer Assoc. for turn out gear for Fire Co #2 ($20,000)
m) Held for 3/4/14 meeting (Chamber banner permit appl. for Sidewalk Sales)
n) ABC Social Affairs Permit Appl. for Berkeley ERT wine tasting at 709 - 4/10/14
o) Held for 3/4/14 meeting (Chamber S/E appl. for information stand on Boardwalk)
p) Held for 3/4/14 meeting (Chamber S/E appl. & fee waiver for Car Cruises)
q) Held for 3/4/14 meeting (Chamber S/E appl. & fee waiver for Festival of the Sea)
r) Held for 3/4/14 meeting (Chamber S/E appl. & waiver of S/E & parking fees/Chowder Fest)
s) Held for 3/4/14 meeting (Chamber S/E appl. & fee waiver/Tree Lighting & Santa Arrival)
t) Held for 3/4/14 meeting (Chamber S/E appl. for Sidewalk Sales)
u) S/E appl. for American Cancer Society Breast Cancer Walk, 10/19/14
v) Payment to Eagle Point Gun for police ammunition ($2,110.20)
w) P O to Eagle Point Gun for police ammunition ($15,000)
x) P O to Lawmen Supply for holsters, handcuffs & accessories ($3,047.76)
y) P O to Pt Pleasant Bicycle for police bikes, parts, repairs & helmets ($4,000)
z) P O to NJ Business Systems for video security expansion (not to exceed $143,000)
CONSENT RESOLUTION 4:
a) Support of Homeowner Flood Insurance Affordability Act
b) Payment to Fire & Safety Services for emergency repairs & misc. work ($7,384.45)
c) P O to ESI Equipment for yearly maintenance contract for Fire Co #2 equipment
d) Certification of recycling taxes paid to Ocean County Landfill in 2013
e) Authorize Tonnage Grant Application
f) Removed for separate consideration as Resolution 7
g) Removed for separate consideration as Resolution 8
h) P O to Coastal Cleaning Svcs for monthly Borough Hall floor maintenance ($4,998)
i) Payment to Petroleum Traders Corp for gasoline for DPW ($23,078.18)
j) Payment to Mitchell Humphrey for Fast Track system in Building Dept ($4,138)
k) Payments of computer-generated vouchers ($593,189.86)
VOTE: Council Members Reid (all except item 4/d), Cortes, Vogel (all except items 3/u, 4/b &
4/c), Mayer, Gordon, Toohey….YEA
Councilmen Reid (only item 4/d) and Vogel (only items 3/u, 4/b & 4/c)….ABSTAIN

Motion by Councilman Vogel, to approve payment to Brick MUA for January bulk water usage in the amount of $70,139.79 (RESOLUTION 5), was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Gordon, Toohey….YEA
Councilman Mayer*…..RECUSED Himself
*Councilman Mayer: recused, as his firm has recently contracted legal services with Brick MUA.

Motion by Councilman Reid, to authorize the Mayor to execute a letter of support for Bay Head’s application to the NJ DEP for future projects related to Twilight Lake (RESOLUTION 6), was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA
Mayor Barrella: asked BA/CFO to call Bay Head to see if they still need the letter.

Motion by Councilman Reid, to approve request for curb cut at 202 Baltimore Avenue (RESOLUTION 7), was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA
Councilman Gordon….NAY

Motion by Councilman Reid, to deny request for curb cut at 307 Trenton Avenue (RESOLUTION 8), was seconded by Councilman Gordon and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Ordinance 2014-06 (Amend Zoning Ordinance – Definition of Story) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Vogel, to close the public hearing, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Gordon, Mayer, Toohey….YEA
Mayor Barrella: what was seen here tonight was one of the reasons for his concerns – had this been thought out more carefully, would have addressed the issue of curb cuts on a more global basis as part of this ordinance which is going to cause this issue to start cropping up all over the third and fourth districts – there is an unintended consequence, seen here tonight, with which we’ll be dealing on an ongoing basis; Councilman Gordon: one unintended consequence is that you have citizens who are paying architectural firms to draw up plans and now have to come to Council with these curb cuts and some we are going to deny, which forces them to go back to the architect for a redesign, costing them more money – cautioned Council on passing ordinances of this nature when being confronted by these issues; Councilman Cortes: understands the unintended consequences mentioned, but Councilman Toohey's letter, which will be distributed from now on in the Building Department, will have people coming in for curb cuts – this ordinance just changes they definition of the word story in the local ordinance to match that in the State ordinance, which was unanimously passed by Council last March.
Motion by Councilman Cortes, to adopt Ordinance 2014-06, was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel*, Mayer, Toohey**….YEA
Councilman Gordon….NAY
*Councilman Vogel: noted that two of the three curb cut applications before Council this year already went before a land use board.
**Councilman Toohey: regarding unintended consequences, it was explained by a BOA member that, without this ordinance, there’s nothing to stop homeowners from delineating driveways and parking cars underneath their houses – this ordinance will not increase curb cut requests – the vast majority would have come in otherwise (Mayor Barrella: if allowing people to park under their houses is the concern, should prohibit that – don’t expand it, narrow it).

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 9:32 PM.

Vince Castin, PPB: agreed with Mr. Cavagnaro that first public participation section should be expanded to include all comments; asked about lake dredging; thanked the Mayor for clearing the air regarding Boro’s comments on shared services, which were upsetting to him as it placed PPB in a very bad light; announced that the VFW would be hosting a corned beef and cabbage dinner on March 16th from 1:00PM - 5:00PM to benefit Veteran’s charities.
David Cavagnaro, PPB: asked if lake flappers mentioned by Councilman Reid would address Lake Louise; asked if the architectural firms, to be discussed at the next meeting, would be performing structurals first; asked if comment about parking permits referred to current District 4 parking program; suggested raising height restrictions on bungalows to allow parking underneath; was reported at last meeting that NRTAC is asking about the garbage issue again and DPW was being asked for suggestions – DPW already researched and has copies of cost factors – while respecting any taxpayer trying to get the best services he can, doesn’t feel cost should be borne by all.

Mayor Barrella: must address special event deadlines and having businesses and file in bulk – would like to meet with Councilman Reid, as Chamber liaison, to see if Council can form a consensus, since new Special Event Ordinance was repealed – should have been improved.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:40 PM.

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

Meeting was adjourned at 9:41 PM.




TRANSCRIBED BY: __________________________________
Maryann Ellsworth, Municipal Clerk




ATTEST: ______________________________
Eileen Farrell, Deputy Clerk


Published March19, 2014 | Council Minutes | 1803


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