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March 4, 2014

Council Minutes

Mayor Barrella called the regular meeting to order at 6:32 PM. Present were Council Members Reid, Cortes, Vogel, Mayer, Gordon and Toohey. The BA/CFO joined the meeting in progress at 6:35 PM. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Councilman Reid: asked if CUC/energy aggregation auction could be discussed in closed session; Mayor Barrella: not a closed session item; Councilman Gordon: asked John Dunn, Commercial Utility Consultant (CUC), if one could opt out of the program before it’s implemented (yes).

Motion by Councilman Vogel to enter closed session to discuss attorney-client matters regarding (1) Beacon Lane property; (2) One Ocean Ave; (3) CIT litigation – Phones; (4) Parking litigation, (5) ATM RFP; and (6) present status of contract negotiations with TWU was seconded by Councilman Toohey 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: Reid, Cortes, Vogel, Mayer, Gordon, Toohey…..YEA

Closed Session began at 6:38 PM and ended at 7:18 PM.

Mayor Barrella called the regular meeting to order at 7:30 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.

Mayor Barrella: asked about the change to the February 4, 2014 minutes with the insertion of the word “we” in front of “spoke to Mr. Zabarsky” – asked who’s “we”; Councilman Mayer: Attorney Riordan spoke to Mr. Zabarsky; Mayor Barrella: should clarify - that’s not a “we” (“we” was the word used and on the recording) Mr. Riordan was not yet authorized to speak for PPB - trying to pin down who cut the municipal prosecutor deal; Attorney Riordan: Councilman Mayer asked him to speak to Mr. Zabarsky and ask if he had a solution to the issue raised by Captain Dikun - he did and communicated that solution to Councilman Mayer; Mayor Barrella: clarified that Attorney Riordan was acting as Councilman Mayer's agent; Attorney Riordan disagreed; Councilman Mayer: clarified that “we spoke to Mr. Zabarsky” was what was actually said at the meeting; Mayor Barrella: clarifying the record right now; Councilman Vogel: if clarifying the record, there was no deal either; Attorney Riordan: right, the conversation was basically, Captain Dikun has raised this issue, what do you think ….well, then, I’ll do it.

Motion by Councilman Reid, to approve February 4, 2014 Council meeting minutes, was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA
Mayor Barrella: clarifications will be part of tonight's minutes

Department Head memos and correspondence were discussed with some items moved to consent resolutions for action. Mayor Barrella: ACOE draft letter should not be on agenda; Councilman Mayer: wanted Councilman Toohey’s thoughts on the matter, as he's been working on it - doesn't share Mayor's concern, as the beach owners, surfers, fisherman and boaters know about the littoral drift, it’s not a surprise; Councilman Reid: this letter did exactly what it was supposed to do – if you read the “Ocean Star,” the Federal government is aware of Councilman Toohey’s concerns; Councilman Toohey: realize Mayor has a different opinion on the subject, but have to weigh the costs and benefits; Mayor Barrella: not a difference of opinion – concerned that anything that jeopardizes the dune project by giving government the opportunity to cater to the influential, who do not want dunes, is a bad idea – unfortunately, you’ve now raised that specter – if the Governor, for example, doesn’t want to spend the millions of dollars to take the beach, in order to construct dunes, he now has an out - may all work out - been told by Cindy Randazzo that the administration is committed to this – this administration will jump when a phone call is made, because they’ve jumped in the past – they jumped in 2012 when they interfered in Borough business and they’ll jump again; Councilman Reid: “Ocean Star” got it right - Mayor wants to send negative message and town is sick of it; Mayor Barrella: want to send a message that 1,800 houses were flooded in PPB and two major business owners do not want dunes – this Council, through their actions by discussing this, has potentially given cover to a government, Governor Christie and his administration, that may want to accommodate the needs of their campaign contributors – five members of this Council have done that; Councilman Toohey: have a difference of opinion – Mayor thinks that this letter could cause the current administration to flip on the dune process – he weighed that prior to giving it to Council to consider – both attorneys have pointed out that the amount of Federal funding available to NJ, and the haste to secure that funding, offsets any idea of backing out of this thing – the State is moving forward - just wanted to point out an issue that would affect our community; Mayor Barrella: appreciate that – we are the end of the line – if the Federal government wants to stop in Bay Head, if the State doesn’t want to spend the money to take that property and compensate property owners, PPB will be exposed and vulnerable during the next event; Councilman Toohey: doesn't want people dying a mile off the beach – have clam boats drawing 18 feet and it’s only 6-feet deep out there now, and it’s just going to get worse; Mayor Barrella: then contact the ACOE and get them to dredge the Inlet – don’t say that the beach replenishment project is going to cause a problem with the Manasquan Inlet; Councilman Mayer: appreciates Councilman Toohey’s enthusiasm; Councilman Toohey: got some feedback from the Environmental Commission and Council members - has some backing from the Borough – “Ocean Star” article accelerated the process of what he hoped to accomplish with this letter.
BA/CFO Riehl: a representative from Louis Berger attended the finance committee meeting earlier tonight and presented an update on the comfort station and bathhouse building – asked that the item be held, pending receipt of further information from them; Councilman Vogel: Taxi Ordinance that was passed at the end of last year needs some clean-up – authorized seasonal licenses - asked that attorney be authorized to make those revisions and redraft the ordinance - explained revisions needed (Mayor Barrella: all sound ministerial – Municipal Clerk should draft – asked that copy with changes tracked be provided to Council).
Motion by Councilman Vogel, to add authorization for the Borough Attorney to revise the taxi ordinance to consent resolutions, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA
Councilman Vogel: regarding parking on front lawn ordinance, can’t ticket car - most problems are with rentals - delineation of driveway should be part of the CO process – would give ability to ticket vehicle instead of driver - been allowed in other municipalities – under current ordinance, administrator issues front lawn parking permits - if there have been problems with seasonal rentals, front lawn parking wouldn't be permitted – would help with curbing Animal House-type environment and with the look and feel of the town (Mayor Barrella: questioned if only people who rent their properties would be subject to the rule; Chief O'Hara: not really - it will affect rentals more because they come up every year – will make sure driveway is delineated whenever a CO or rental CO is issued - rentals come up each year – as properties transfer that are non-rentals, they will come up before they get a CO, also; Mayor Barrella: so, it's a means of policing the delineation of driveways).
Councilman Reid: spoke regarding NJ Tree Recovery Campaign – only heard from a few Shade Tree Commission members – item was held.
Mayor Barrella: Council adopted a policy a few years back about not doing any more ads – have deviated from it before, as PPB Education Foundation honorees were former Mayors Pasola and Hennessy and former Chief DePolo - asked if any part of the borough family is being honored this year (Councilman Reid: many of us are foundation members or alumni - great opportunity for the town to show support for the foundation which gives so much to the schools and children).
Mayor Barrella: asked that revision to 12/17/13 minutes be voted on separately, as only those who were present at that meeting would be eligible to vote; Councilman Reid: energy aggregation auction went off today – there were 5 bids - Howell decided not to move forward with these bids – currently, at a savings of about 10% on the JCP&L rate - will wait a month and go to bid again - market is driven by gas – hoping, when market levels out, will get 12%-13% savings – explained about variable rates and fixed rates - will lock in for 18-24 months at fixed rate – can opt out of it and back in without penalty; Councilman Toohey: asked that Cool Concessions letter be added to agenda to be responsive to a resident’s email.
Brian Benoit, Sullivan Land Services: spoke about extended work hours for home elevations – requesting sun-up to sun-down – homeowners must leave their homes while being raised – there’s a 90 day window for completion - at least 7 houses have been approved for funding - one of several RREM contractors in PPB - requested 8AM-8PM – foundation work takes more time than the elevation work (Councilman Reid: suggested 7AM–8PM) asked if that included Saturdays (consensus was to leave it at 8AM–6PM on Saturdays; Councilman Vogel: should be specific for the REM program; Attorney Riordan: need to amend ordinance - requires 2 readings; Mayor Barrella: Council could suspend timing by resolution; Attorney Riordan: technically, there’s no way to avoid ordinance mandates but Council has complete control over enforcement activities - can direct employees in terms of enforcement; Mayor Barrella: can introduce tonight by title only; consensus was against work on Sundays; Mayor Barrella: falls on contractor to have enough people and equipment to get the work done).
Mayor Barrella: NJ Foreclosure Act makes it harder for banks to foreclose; Attorney Riordan: pro homeowner, not pro bank.


Councilman Reid: reported about meeting with DEP about lake dredging and replacing some gates - acquired some money from the State – Borough Engineer will be going after pockets of money - happy with how meeting went – Mr. Castin gave a local spin to it, speaking about flooding; spoke with Water Department - going to tighten-up ordinances and work on some new regulations – Ita Brown will draft and it will be reviewed by him and BA/CFO Riehl; spoke about water buffalo, as new trees planted by Shade Tree Commission need watering – DPW Superintendent Trout has a smaller truck that he can use with a trailer and he is looking into it; Councilman Cavagnaro was asked about weekend garbage drop off – DPW Superintendent Trout is working on numbers – suggested that residents come in and purchase colored bags (Councilman Gordon: asked about redefining a workers work week, so accommodations can be made without accruing overtime costs; BA/CFO Riehl: that would have to be negotiated with the unions; Councilman Gordon: should be considered in future negotiations; BA/CFO Riehl: came up with a proposal when Councilman Mercun was on Council and there were DPW employees willing to change their schedules to work weekends and have other days of the week off - that change was grieved by the union - all 3 contracts expire this year) this would just be during the summer and would not just be for summer residents.

Councilman Cortes: reported on Boardwalk condition - still on track for March 27th completion date; hoping to have cost estimates on Boardwalk police building shortly – there will be stairs instead of ramp; plans for bathhouse/concession stand building are on hold until we receive more information from FEMA; parts for swings at Pleasure Park are coming-in - summer park program will be here before you know it - will contact electrician to get timers ready for lights there; DPW roof replacement will start this month; Beautification met on 25th and discussed barrels - asked that people email him or Dave Cavagnaro if they see barrels that need repair.

Councilman Vogel: et with Chief O’Hara and CO/ZO Petrillo regarding curb cuts - did a survey – on Ocean Avenue, from Niblick Street to Broadway, there are 9 potential properties that could request new curb cuts – 3 potential requests on Randall Avenue - spoke with Zoning/Planning Board Clerk Mills who is contacting applicants with applications pending – suggestion from professionals that it should be moved to development ordinance (Mayor Barrella: asked if it's a ministerial change; Attorney Riordan: yes - must be done by ordinance); this week’s court session was cancelled due to snow; meeting with Police and Prosecutor was moved; Recreation Committee is starting to work on summer park program – Committee needs members – should contact Mayor or Committee if interested; asked Councilman Reid to pass along information about potholes at Maryland and Ocean Avenues.

Councilman Mayer: Finance Committee met with Court and Police – follow-up meeting scheduled with a consultant concerning Obamacare and effect on use of Special Officers – will meet with Fire, Public Works and Clerks office next week - asked BA/CFO to get schedule and timetable to him before she goes on vacation.

Councilman Gordon: met with Fire Truck Committee, along with Councilman Cortes and Reid - presented their requests - will put case together and come before Council at next meeting; Animal Welfare Committee is on hiatus; PPB High School boys basketball team won the Shore Conference Tournament - continue in State Tournament tomorrow - next 3 games are at home - they are the #1 seed in Central Jersey.

Councilman Toohey: sports programs in town are unbelievable; was away for sister Genevieve’s wedding – thanked Councilman Vogel for picking up the slack with the Building Department issues of curb cuts and parking on front lawns; two major topics were discussed at Environmental Commission meeting - 1) Lake of Lillies shoreline restoration and procuring funding from Barnegat Bay Partnership - 2) Sea Coast Oil property site remediation – thanked Mr. Davis for forwarding information - would like to get property back on the rolls - asked about process of RFP to address scope of work to remediate the property - will do that next meeting - will touch base with BA/CFO Riehl; need to touch base with BA/CFO Riehl on garbage cans downtown; reported that a letter of commendation was received from Kim Surowicz for Karen Mills, Diane Scavone, Mike Gardner, Elaine Petrillo and Erin Mathioudakis.

Mayor Barrella: met with Ocean County, along with Borough Engineer and BA/CFO Riehl, regarding flapper valves on Little Silver Lake - primary jurisdiction of curb cuts came up – they’ve agreed not to do anything until Council approves the curb cut - homeowner would submit that resolution to the County - County policy is not to approve 2 curb cuts per property on a County road – but Attorney Jackson got County to approve 2 curb cuts on Baltimore – don’t understand why the Simmons, who wanted two garages and two curb cuts, were denied while the Florios, who wanted two garages and two curb cuts, were approved – curb cuts are being approved on an ad hoc basis – no rules, not addressing the problem (Councilman Gordon: ought to be a moratorium on double curb cuts until guidelines are established; Mayor Barrella: needs to be something definitive; Councilman Reid: it’s apples and oranges - it depends on where you live – different world we live in now after Sandy) biggest impediment to recovery is when people believe they are not being treated equally – need to define the rules (Councilman Vogel: should take the characteristic of the neighborhood into consideration – need communication and willing to discuss it; Councilman Toohey: don’t disagree that some action needs to be taken – Councilman Vogel did a good job by looking at what’s there – would like to talk to Elaine to see what’s pending and, if there is a moratorium, who would be blocked out, so to speak) ready to sit down when Council is ready.

Business Administrator/Chief Financial Officer Riehl: No report

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)

Mitch Winter, Point Pleasant Beach (PPB): 7 days of construction is way too much – not all RREM people are out of their homes; many who own homes on the beach are against the project, but they have built dunes – there were dunes under the Boardwalk at Forman Avenue in 2001 – would like to see the dunes that used to exist, at least, north of Bradshaws.
Vince Castin, PPB: opposed to extended work hours for RREM construction; asked about dredging (Councilman Toohey: have a commitment from the New York office that Inlet dredging has been added to their long term plans); front lawn summonses should be enforced for everyone; DEP was receptive to what we, which included Councilman Reid and Engineer Savacool, had to say.
Dave Cavagnaro, PPB: opposed to extended work hours for RREM construction – while sympathetic to the plight of those trying to get back into their houses, Council must be responsive to residents who are living in their homes - current construction is a nightmare of noise and trucks blocking streets and other residents’ driveways; respect the need for trees, which can be replaced, but parking spaces cannot – need to send a strong message about no more curb cuts – will affect the quality of life of all; asked about item 2/I.
Damon Mason, Neptune: asked about pick-up locations and seasonal taxi licenses –if there would be a limit to the number of cars under seasonal licenses, and when it would be effective.
John Longfield, PPB: asked about the process of beach replenishment and if there was a timeline; commented that the Boardwalk looks great.

Motion by Councilman Cortes, to close public participation, was seconded by Councilman Reid 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)

Deputy Clerk Farrell added items to consent resolutions; Councilman Mayer asked that item 1/M be held; Mayor Barrella: asked Chief O’Hara if the Police had any problems with the ABC license transfer (no); Councilman Toohey: asked if ABC license would be used at the same location (yes); Councilman Cortes: asked about item 2/Q.
Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Cortes and carried by roll call vote.
a) Chamber banner permit app for Sidewalk Sales, May 5-19 & Aug 4-18, 2014
b) S/E application for Chamber stand on Bdwlk, Memorial Day - Labor Day
c) S/E appl. & fee waiver for Chamber Car Cruises, various dates May-Oct
d) S/E appl/fee waiver for Chamber Festival of the Sea, 9/10/14 (rain dates: 9/21, 9/27, 9/28)
e) S/E appl/S/E & pkg fee waivers for Chamber Chowderfest, 10/18/14 (rain dates: 10/19,
10/25, 10/26)
f) S/E appl/fee waiver for Chamber Tree Lighting/Santa Arrival, 11/28/14 (rain date: 11/29)
g) S/E appl. for Chamber Sidewalk Sales, May 15th-17th and August 14th-16th
h) S/E appl. for MS Society Coast the Coast bike tour, 5/17/14
i) S/E appl. and fee waiver for DAV Forget Me Not flower sale on Boardwalk
j) S/E appl. for Alzhiemer’s Association Memory Walk, 9/27/14
k) S/E appl. for PPB Recreation Committee to use Pleasure Park for Summer Program
l) S/E appl. for Deborah to use train station lot for Flea Market, 6/14 (rain date: 6/21)
m) HELD (Payment to Coastal Cleaning Services for Borough Hall floor maintenance)
n) Award of contract for DPW uniforms to Best Uniform ($7,853.25)
o) T&M proposal for work on Strategic Recovery Planning Report (est. $28,000)
p) Payment to State of NJ for employee pension allocation ($915,585)
q) Approval of Payroll #4 ($273,950.10)
r) Project Graduation Town-wide Garage Sale, 5/17/14 (raid date: 5/18/14)
s) Payment to Ocean County for 1st Quarter 2014 tax allocation ($1,932,181.71)
t) Authorization to auction surplus 1972 Seagrave Pumper truck
u) Payment to Denise Sweet from BOA & Planning Board escrow accounts ($1,000)
v) Payment to Galvin Law Firm from BOA & Planning Board escrow accounts ($5,071.40)
w) Payment to T&M Assoc from BOA & Planning Board escrow accounts ($7,185.07)
x) Refund unexpended balance of various Planning Board escrow accounts ($24,906.70)
y) Payment to International Salt for rock salt ($3,830.17)
z) Payment to State of NJ for employee health benefits ($131,047.77)
a) Award of contract to Jack Neary, “Muskrat Jack,” for Animal Control Services
b) Payment to CDW-G for outfitting of new police vehicles ($6,742)
c) P O to L3 Mobile-Vision, Inc for police video equipment ($3,347.81)
d) Support for 2% cap on interest arbitration awards
e) Request for waiver of S/E fees for PPB Little League parade
f) Request for waiver of S/E fees for PPB First Aid Monster Dash
g) Scheduled payment of district taxes to PPB Board of Education ($916,131)
h) W/S bill adjustment/415-417 Broadway
i) T&M scope of work for Little Silver Lake dredging/drainage improve/shoreline restoration
j) Ratification of TWU contract
k) Payment to Integra for appraisal ($3750)
l) P O to Devo & Assoc for parts for parking pay stations ($5,000)
m) P O to Meridian Health for 25 police recruit physicals ($6875)
n) P O to Plainfield consultation for 25 police recruit psychological exams ($8125)
o) P O to State Toxicology Lab for 25 police recruit tests ($3125)
p) Payment to Devo & Assoc for solar batteries & graphic display modules ($5099.35)
q) Progress payment #2 to Johnson Baran for roadway improvement project ($16,394.35)
r) W/S bill adjustment/122 Randall Avenue
s) Authorization for Borough Attorney to negotiate purchase of property, as discussed in
Closed Session
t) Authorization for Attorney Gertner to negotiate CIT Settlement, as discussed in Closed
u) Authorization for Borough Attorney to amend Taxi Licenses Ordinance, as per Councilman
Vogel’s recommendations
v) Authorization for Borough Attorney to draft amendment to ordinance regarding parking on
front lawn
w) P O to PPB Public Education Foundation for ad in Hall of Fame Dinner journal and authorization to purchase same annually going forward
x) Support for NJ Foreclosure Act/A-3497
y) Authorization to draft ordinance to move curb cuts to Chapter 19 of the Borough Code
RESOLUTION 3: ABC License Transfer – Shipwreck Point, Inc. to 20 Eats, LLC
VOTE: Council Members Reid, Cortes, Vogel (Except Items 1/T, 2/F, 2/J and 2/W), Mayer
(Except Items 1/X and 2/W), Gordon, Toohey….YEA
Councilman Vogel (Items 1/T, 2/F, 2/J and 2/W only) and Mayer (Items 1/X and
2/W only)….ABSTAIN
Mayor Barrella: spoke about ratification of TWU contract – new hire salary guide is 70% of former guide, which is an enormous savings for the Borough and as we move forward, it is critically important to our continuation – thanked BA/CFO, former Councilman Corbally and Attorney Gannon for their work on same.

Motion by Councilman Mayer, to adopt RESOLUTION 4: Revision to 12/17/13 Council Meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon….YEA
Council Members Vogel and Toohey….ABSTAIN

Councilman Gordon: encouraged all to reconsider extended work hours for RREM construction so we are not doing this at the expense of those people who are currently living in their homes; Councilman Vogel: asked if anyone had knowledge of the RREM program and if contractors bid on individual homes; Councilman Reid: they need to be approved by the DCA – many people were denied and had to appeal before a judge and then go back before the DCA; Councilmen Cortes and Gordon: clarified it’s 90 days per home; Councilman Gordon: could be affecting our residents for a long time; Councilman Vogel: suggested investigating the program further; Councilman Gordon: opening up a Pandora’s box; Councilman Cortes: current ordinance is a 60-hour work week; Councilman Toohey: expressed concern that homeowners would be left with unfinished construction if work was not completed within the 90-day time-frame; Councilman Vogel: suggested introducing the ordinance and investigating in the interim.
Ordinance 2014-07 (An Ordinance extending hours for home construction and reconstruction for NJ RREM Contractors) was introduced on first reading.
Motion by Councilman Vogel, to approve Ordinance 2014-07, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA
Councilman Reid: would like to know more about the RREM program – why is it limited to 90 days – suggested calling the DCA; Councilman Gordon: valid point and all the more reason we shouldn’t be jumping the gun on this; Attorney Riordan: should find out who’s imposing the 90 days and how hard and fast it is.


Marilyn Burke, PPB: asked Councilman Mayer about the budget – which areas have gone down – asked what happens when town gets reimbursed for bonding due to “Sandy” expenses (would be used to pay down the bond anticipation notes) – asked again if there were any areas in the budget that went down – asked what steps Council was taking to reduce costs as soon no one could afford to live here - should cut a lot of personnel – asked about new revenue ideas.
Dave Cavagnaro, PPB: thanked DPW for great job with snow removal while still picking up garbage in two districts; asked about backfilling land when building a new house – couldn’t get a clear answer, there’s no rule against it – why should someone be able to raise his property so much higher than his neighbors – something Council should look at, going forward; had issues with colored garbage bags and the drop off site becoming a dump, which would require permits; asked if there was any resolution with business that was disputing ownership of the Boardwalk in front of their business (no); asked about deed restriction on pier (in DEP’s hands); asked about status of appeal on Councilman Corbally voting issue (as a real estate agent); while nice to work on exterior structure of police substation, the interior is inefficient to meet Police needs – plus, size and condition of restrooms are inadequate – should look at the plans from last year or revise same before spending too much more on a structure that is seriously out-of-date; asked for robo-calls on holidays and heavy snows, so people won't put out their garbage.


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

Meeting was adjourned at 9:53 PM.

TRANSCRIBED BY: ______________________________
Maryann Ellsworth, Municipal Clerk

ATTEST: ______________________________
Eileen Farrell, Deputy Clerk

Published April04, 2014 | Council Minutes | 1839

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