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March 18, 2014

Council Minutes

Council President Mayer called the regular meeting to order at 6:38PM. Present were Council Members Reid, Cortes and Vogel. Mayor Barrella and Council Members Gordon and Toohey and BA/CFO Riehl were absent. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Cortes to add 2 litigation matters to the closed session agenda (possible resolution of Ippolito and developments with CIT) was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer….YEA

Motion by Councilman Reid, to enter closed session to discuss negotiation strategy for acquisition of property; authority for counsel to negotiate terms of contract; authority to agree to purchase price recommended as determined by the Governing Body; possible resolution of Ippolito litigation; and CIT litigation, was seconded by Councilman Cortes and carried by the following roll call vote. The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting
VOTE: Council Members Reid, Cortes, Vogel, Mayer …..YEA

Closed Session began at 6:41 PM and ended at 7:20PM.

Mayor Barrella called the regular meeting to order at 7:30PM. Present were Council Members Reid, Cortes, Vogel, Mayer and Toohey. Councilman Gordon was absent. The Deputy Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman Reid, to approve February 18, 2014 Council meeting minutes, was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA

Department Head memos and correspondence were discussed; no need to take action on NJ Tree Recovery Campaign; Councilman Toohey: long history with Sea Coast Oil Property – would like to sit with Borough Administrator to get an understanding of what’s been done thus far before moving forward on obtaining a quote to get it cleaned up; Councilman Vogel: was able to see a draft of the “Parking on Front Lawn” ordinance – explained what it entails – draft will go to the Police Chief – received feedback from real estate community – should be introduced on April 1st.
Councilman Vogel left the room during the following presentation.
Daniel Miles, representative of Ocean Fire Company #1 Truck Committee, thanked the Governing Body for allowing them to discuss the replacement of their 1995 fire engine – the last engine was bonded for in 2009 – the current projected budget has an allotment of $700K for apparatus replacement – plan is to replace pumper engine with one that has a 50-foot ladder on top, called a teleboom – asking for a $725K bond to purchase through HGAC, so town wouldn't have to go through the bid process – truck to be replaced has a suggested value of $25k – will auction it through GovDeals to the highest bidder – new pumper truck is designed to complement larger ladder truck – explained the benefits of the new truck – additionally, new FEMA regulations requiring homes to be raised are causing people to possibly be trapped in house fires on second and third floors, up to 30 feet off the ground; Mayor Barrella: clarified the cost would be $75K over what was paid in 2009 for pumper without ladder feature; Michael Brodeur: explained the brochure and pictures, which he distributed to Council, illustrating increased home heights; problems with low hanging wires and how the proposed truck would alleviate many problems; Councilman Mayer: asked if the Committee was unanimous (yes) – asked if there was an ISO impact (either at the same point or a little better) – explained that this is in the 2015 capital budget, not the 2014 capital budget; Committee argued that delivery would be in 2015 – that's when it would be paid for; Chief Fox: need to begin process in 2014 to have the truck delivered in 2015 – bonding should be in place in December; Mayor Barrella: clarified that authorizing the borrowing of money (Bond Ordinance) would be in 2014, with actual borrowing in 2015; Councilman Cortes: asked if any added equipment would be needed (no); Councilman Cortes: asked where the money from auction of the old truck would go (to the town, towards payment of new truck); Attorney Riordan: explained that the Governing Body would have to authorize the auction, as it’s the town’s fire truck; Councilman Mayer: will work through the budget process and see where it fits; Chief Fox: asked if Council would be discussing the acquisition of the pumper or the extra ladder; Mayor Barrella: makes sense to do the upgrade – Councilman Mayer wants to see if there is money in the budget before moving forward with the bond ordinance – the Finance Committee will let you know if they have no intention of funding it in this year’s budget; Councilman Cortes: asked about the build time/delivery time from order (240 days); Councilman Mayer: the capital budget anticipated authorizing debt in 2015 – counts against your debt limit when it’s authorized; Councilman Toohey: asked for current actual cost of a pumper – would make it more palatable.

Deputy Clerk Farrell explained that agenda was revised on Friday and added items.


Councilman Reid: looking at small 100-gallon tank water buffalo for watering trees and plants throughout town, with an electrical motor that pumps 7 gallons/minute; looking at weekend refuse drop-offs at DPW – considering drop-off 9AM–11AM for all residents – will have to pay for colored bags – looking at paying one worker about an hour OT – can continue to discuss – will have more details and price at next meeting for Council consideration.

Councilman Vogel rejoined the meeting at 8:08PM.

Councilman Cortes: makes trip to Boardwalk almost every day – moving along – Plaza is done and looks good – stairs will replace ramp at Police Substation; moving forward with electrician to hook up wires and timer for Pleasure Park lights; substituted at Open Space meeting for Councilman Mayer – discussed Loughran Point damage – per BA/CFO Riehl, the Fishermen’s Memorial Committee used to handle it, but there is only $23 left in the fund.

Councilman Vogel: attended document imaging meeting with department heads – running out of space to store records – also an issue with accessibility – looking to effectively manage them in conjunction with records retention policy – waiting on pricing – first step to being fully compliant, while eliminating unneeded paper; received complaints about water mains and quality, including rust and iron content (Councilman Reid will speak with Water Super. Broyles); green mail repository box on Oak Terrace is an eyesore – will ask BA/CFO to send letter to Post Office.

Councilman Mayer: Finance Committee met with Municipal Clerk, Building and Fire Departments – produced a revised budget draft – next meeting is March 31st – hopes to have scheduled for introduction and adoption at the April 1st meeting.

Councilman Toohey: received quotes for downtown garbage cans from BA/CFO Riehl – will share photos with Environmental Commission, so all are on the same page; have meeting scheduled with Barnegat Bay Commission representative who will walk through Lake of the Lillies plans – reached out for an expert, as there were questions from the Environmental Commission regarding plantings (Councilman Reid: spoke with Anne Lightburn about the Water Department digging holes to hook up hoses – should all walk over there to see where hookups are needed).

Mayor Barrella: attended Legislative Day in Trenton – Senator Sweeney's Shared Services bill was a major topic of discussion – expressed his problems with the legislation at the meeting – if shared services are recommended, and the municipality refuses, they will cut State aid by the amount of lost savings – the idea of sharing services is a good thing – the problem with the Senator’s approach is the penalizing of taxpayers who oppose, and the wasting of money because we need a vote to decide on shared services – for example, if combining DPW with the Boro or Bay Head got voted down, would have to go to another vote to make up the budgeted money that is being lost through State Aid – one vote should be enough; was fighting for PPB

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)

Vince Castin, Point Pleasant Beach (PPB): asked if anything new on the dunes; asked about item 1/e and who Louis Berger Group is; asked about Resolution 2
Dave Cavagnaro, PPB: asked if Parking on Front Lawn ordinance is for seasonal rentals or new CO's; asked about item 1/b, and if anyone from Council is familiar with BOA ruling on the new restaurant – BOA already granted approval – asked if Council's decision could alter that (Attorney Riordan: explained that original 1994 application for expansion was denied by Council and that decision was upheld by judge but overturned by ABC Director in 1997 – before Council is a resolution recognizing the ABC Director’s decision); asked about negotiation for 1 Ocean Avenue and if Council is offering their anticipated price and if competition is off the table.
Greg Mazzatta, PPB: asked about seasonal parking – not sure if what was in the “Ocean Star” is accurate; asked about garbage pick-up on Ocean Avenue – people are putting garbage out on Fridays and it's not being picked up until Monday, after the animals have gotten to it.

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

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)

Councilman Mayer: asked that 1/h be considered separately; Mayor Barrella: clarified why action was being taken in 1/b (Attorney Riordan: ruling by ABC Director on appeal) this is expanding capacity of Martell’s (Attorney Riordan: creates a Crab Shack where the Sweet Shop is) concerned that they can’t provide adequate security and police the place as it is – in August, somebody sat at the bar from 11AM to 5PM and ended up dead – the operation is expanding now – it’s a food service area with alcohol – doesn’t know if the Council has an option (Attorney Riordan: here is the option: there is a renewal coming up – if you read the ABC decision carefully, will find that the 1994 Governing Body did an excellent job of putting forth testimony of the problems from Boardwalk establishments – Director said, “that’s great but this is a crab house – what you need to show me is that they’ve got problems coming from the crab house” – the right thing for Council to do is say, “we have no choice because of what the Director ruled,” but to watch it very carefully and, if there is a problem, bring that evidence in front of the Governing Body at renewal time) asked if now be the time to bring this to the Director’s attention – he knows about it and is sitting on it – the Police Department forwarded it all in September – troubling that this establishment has not provided adequate security because, not only did this person end up with .189, more than twice the legal limit, but walked into a valet parking lot operated by the same business, took a car and wound up killing herself and severely injuring another.
Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Cortes and carried by roll call vote.
a) Memorialization of action taken on transfer of ABC License Transfer #1525-33-020-012
b) Memorialization of action taken by ABC in regards to Martell’s Tiki Bar License
c) Revised dates for Alzheimer’s Association banner permit to August 28-Sept. 11, 2014
d) Approval of professional services contracts
e) Authorization to continue contract for service with Louis Berger Group (not to exceed $75K,
subject to CFO’s certification of availability of funds)
f) Payment to International Salt for rock salt ($4,222.75)
g) Payment to the Ronan Agency for the Bd of Fire Officers accident insurance policy ($2,906)
h) Considered separately as Resolution 4
i) Payment to Wallace Contracting for Payment Cert #2 for Bdwlk Recon. ($312,555.62)
j) Payment to Mark Woszcak Mech Contractors for water main leak repair ($7,011.50)
k) Payment to Eagle Point Gun for police ammunition ($7,515.07)
l) PO to McKeon Electrical Services for light repair at Pleasure Park (not to exceed $4,500)
m) Payment to All Time Auto Body for fire vehicle repairs – portion reimb by JIF ($2,558.59)
n) Payment to Pitney Bowes for pre-paid postage ($4,000)
o) Payment to All Points for parking passes, mailing service & postage ($3,015)
p) Payroll #5 ($242,399.95)
q) Change Order #2 to Utility Innovations for sanitary sewer spot repairs ($11,295.78)
r) Appointment of 24 Class I Special Law Enforcement Officers
s) Advertise for 2 temporary P/T clerks in the court office
t) Computer-generated vouchers ($1,430,805.69)
u) Transfer of funds from various departments
v) PO to JS-Welding for guardrail at the Arnold Ave north side ramp ($11,890)
w) Authorization for Mayor and Borough Admin/Clerk to accept OC JIF Safety Mgmt Prog
x) Authorization for Mayor and Borough Admin/Clerk to execute Safety Contract w/OC JIF
y) Authorization for Asst. Fire Chief Pasola to act as the representative of PPB regarding
changes to the rescue truck contract
z) Authorization for Wallace Contracting to replace Central Ave. switchback ramp ($10.742.78)
RESOLUTION 2: Authorization for Engineer to proceed with Police Boardwalk substation
(District 2) stair reconstruction, subject to CFO’s certification of availability of funds
a) Authorize Borough Attorney to draft acquisition ordinance and authorize Bond Counsel to
draft ordinance to fund acquisition of 1 Ocean Avenue – Closed Session Item
b) Authorize Special Counsel Gertner to settle the CIT litigation as recommended by Attorney
Riordan – Closed Session Item
VOTE: Council Members Reid, Cortes, Vogel (all except 1/g, 1/m and 1/y), Mayer, Toohey….YEA
Council Member Vogel (items 1/g, 1/m and 1/y)….Abstain

Motion by Councilman Vogel, to approve RESOLUTION 4 (Payment to the Brick MUA for February bulk water usage in the amount of $47,251.33), was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Toohey….YEA
Councilman Mayer recused himself.

Ordinance 2014-08 (Amend TWU salary ordinance) was introduced on first reading.
Motion by Councilman Reid, to approve Ordinance 2014-08 on first reading, was seconded by Councilman Toohey and carried by roll call vote. Public Hearing will be held on April 1, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA

Ordinance 2014-09 (Amend Taxi License Ordinance) was introduced on first reading. Motion by Councilman Vogel, to approved Ordinance 2014-09 on first reading was seconded by Councilman Reid and carried by roll call vote. Public Hearing will be held on April 1, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA

Ordinance 2014-07 (Extend hours for home construction/reconstruction for NJ RREM Contractors) was considered on second reading. Mayor Barrella opened the hearing to the public.
Vince Castin, PPB: opposed the ordinance – gross inconvenience for permanent residents – should be 8AM-6PM.
Dave Cavagnaro, PPB: 10 homes were approved so far – asked how many more could be added – asked if anyone knew the time frame from first home to 10th home (Councilman Cortes: 90 days/house; Councilman Mayer: Construction Officer has speculated about 30) respects desire to help people get back into their homes as soon as possible, but what Council is missing the tremendous suffering who lived through the storm and finally got back into their homes and are now living with a tremendous amount of never-ending noise and blocked roads – one block, from Boston to Baltimore, had 3 homes that went under construction last summer and none are finished – sidewalks are ripped up – trucks come in as early as 6AM – work is being done until 8PM, sometimes on a Sunday – not blaming our Building Department, because they have so much work – the ability to find out what everybody’s doing is monumental – there’s so much damage going on and it’s just beginning – every time you give somebody a little extra to try to help, with the best intentions, it’s one more negative nail in the residents of the neighborhoods – on that one block, there are at least five more homes that should be coming down – between Boston and Ocean, 7 homes have already come down – two have started their foundations, which means sidewalks are being ripped up – trucks are coming in and, when they make their deliveries, they stop in the middle of the road, they jump the curbs – there’s so much damage going on – the impact to the community is horrendous – between trailers in driveways, some of which are rusting and look horrible, and trucks that jump curbs and roll onto properties or park in peoples’ driveway, people could be calling the Police everyday – everybody’s working so fast that no care is being taken for damage to properties on either side of the construction sites – he would take a hard line attitude and say, “if you submitted a contract and have 90 days, you need to do it or dump the contract” (Councilman Reid: looked for assurance that no resident would show-up and complain that, because of this, they had to wait another month; Mayor Barrella: problem is not the residents or the idea of getting people back into their houses, it’s that contractors will take five houses through this RREM program – maybe they should only be doing four – there’s a tendency for people to try and squeeze the last dollar out of everything – this is a contractor issue, not a homeowner issue; Councilman Reid: understand that – worried about the people who have been out of their houses and have an opportunity to get back in quickly – we all know people who’ve been waiting on this list – this government program has been a nightmare, a disaster – we have to weigh this now; Mayor Barrella: reiterated it’s a contractor problem – this is one contractor and there will be multiple in the program – if they can’t do the work, they’re the ones who are going to be penalized – they shouldn’t be taking work they’re not going to be able to complete in a timely manner – the way it stands, they can work 60 hours/week – that’s a lot of hours; Councilman Mayer: not sure, if you cut back hours, if you’re not just extending the duration – the Mayor assumes there’s an unlimited number of contractors who’ll fill the void – don’t know if that’s true – believes the people who have been waiting and now have RREM money are all first homes) there are more than one contractor in this program, and Council doesn’t know how many this will affect (Mayor Barrella: will see non-RREM contractors starting early too and Code Enforcement isn’t there to see them; Councilman Reid: suggested posting signs saying, “funded by the RREM project”) hears beeping of trucks at 6AM – worried about them jumping the curb and cracking the curb in front of his or his neighbor’s house – it’s better to hold to the existing ordinance (Councilman Mayer: torn between residents and those wanting to get this work done – Construction Officer (CO) suggested that ordinance be amended to read 8AM-8 PM, Monday through Friday, leaving Saturday as is – would defer to that and suggest the ordinance be amended to reflect same; Mayor Barrella: asked about the fine for a contractor starting early; Councilman Cortes: asked if the amount of work Mr. Cavagnaro was seeing last year was less than what he is seeing now) yes – only 2 blocks from Ocean and neighborhood was hit harder than those maybe 2 or 3 blocks over (Mayor Barrella: this is a convenience of the contractor ordinance; Councilman Mayer: one way to look at it; Councilman Toohey: terminal question is whether extending these hours will get the work done faster; Mayor Barrella: working 24 hours/day will also get the work done faster than working 10 – CO has suggest 8AM-8PM – if Council beefs up penalties for non-RREM contractors, maybe we can set everyone’s mind at ease – still pretty light at 8PM, especially in summer, and that might be a good compromise; Councilman Vogel: asked if the Police have gotten complaints; Chief O’Hara: sporadically receive complaints, but couldn’t give numbers right now; Councilman Reid: asked if trucks are wanted at 7PM or 8PM in summer, when people are trying to enjoy PPB; Councilman Cortes: concerned me that sidewalks are being chewed up – going to have trucks and hates to see people having to jump into the road) or worse, trucks blocking the road and angry tourists looking for parking spaces – if what is happening during the winter happens during summer, it’s going to be a devastating situation, with Police being called regularly.
John Dixon, PPB: agreed with Mr. Castin & Mr. Cavagnaro – Council is missing the point – 6 days/week 8AM-6PM, we hear nothing but banging, beeping, construction stuff being thrown on the ground, sawing, cars blocking driveways, trucks being parked on the wrong side of the road – don’t need another two hours of the same – 6PM comes and we can finally breath – an extra 2 hours is not going to make a difference in getting people back into their houses – his house is probably going to be lifted and he doesn’t want this – with construction in his neighborhood, a piling hit and wrecked his shed and cracked all his sidewalks – shingles blew off the new house and hit his car, doing $2K worth of damage – shut it down at 6PM.
Glen Paesano: don’t know what contractors work that many hours/day – if they come in the morning, they are out of there by 4:30M – these guys are showing up in the afternoon and want to work until 8PM or 10PM – what Mr. Cavagnaro said is true – sidewalks and curbs are destroyed – they broke his watering system – asked who would enforce if people are allowed to work that late – if enforcement will be on staff if they break the rules – now, if people work beyond 6PM, there’s no one to call but the Police.
Motion by Councilman Vogel, to close the public hearing on Ordinance 2014-07, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA
Councilman Reid: 99% of the time we listen to our professionals – CO made an argument for 8AM-8PM – public is making a good argument – stuck because we want people back in their homes – State is finally moving with this RREM project – was thinking 10 houses but now we’re hearing 30 houses, which will continue through spring, summer and fall – D3 & D4 residents make a good argument that they have been living in a construction zone for the last year and a half and it's only going to get worse – therefore, can’t support this – have to listen to our residents.
Councilman Cortes: echoed Councilman Reid's comments – want to get people back in their homes but there’s a different way to do that.
Councilman Vogel: won't impact anyone other than State RREM contractors – need to be more aggressive regarding concerns about damage and enforcement – would rather get a handle on that – people who are having work done will have to incur the expense of short-term rentals – faced with the fact that construction will be going on for the next several years – doesn’t know that allowing 2 more hours will exasperate the problem, need to step up enforcement.
Councilman Toohey: get elected to represent constituents – no one has reached out to say they want the hours extended, but have heard the argument from the other direction.
Motion by Councilman Mayer, to deny/defeat Ordinance 2014-07, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA

Councilman Toohey: Congratulated Mayor Barrella, as his daughter got married on Sunday.


Dave Cavagnaro, PPB: thanked Council for their vote on Ordinance 2014-07; congratulated Mayor on his daughter’s marriage; asked for feedback on research of backfilling property; asked if deed restriction matter on Boardwalk pier is still being pursued – asked about deed restrictions and how they are enforced – under current operation, it’s in violation of its height restriction – asked if Council would continue to pursue; asked about request to Engineer to draft sketches showing height measurements three different ways – asked about the intent of same – asked if homes might become non-conforming if system of measurement changes.
Vince Castin, PPB: thanked Council for their vote on Ordinance 2014-07.


Motion by Councilman Cortes to adjourn the meeting was carried by consent of Council.

Meeting was adjourned at 9:21PM.

TRANSCRIBED BY: ______________________________
Maryann Ellsworth, Municipal Clerk

ATTEST: ______________________________
Eileen Farrell, Deputy Clerk

Published April16, 2014 | Council Minutes | 1848

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