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April 15, 2014

Council Minutes

Mayor Barrella called the regular meeting to order at 7:30PM. Present were Council Members Cortes, Vogel, Mayer and Toohey. Council Members Gordon and Reid were absent. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mayer, to approve March 18, 2014 Council meeting minutes, was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Cortes, Vogel, Mayer, Toohey….YEA

Department Head memos and correspondence were discussed.
Councilman Mayer: proposals from Ronald A. Sebring Associates regarding architectural plans for Luncheonette/Bathhouses are broken into Phases I (structural inspection) and II (re-design) – recommended moving award of contract to consent resolutions with performance of second phase being contingent upon receipt of a satisfactory structural inspection; Mayor Barrella: suggested making Phase II contingent upon approval of Council.
The need for a curb cut policy was addressed; Councilman Toohey: had conversations with Building Department – Councilman Vogel reached out to Mayors of Belmar, Manasquan and Lavallette – there’s a number of differing opinions out there – Councilman Vogel suggested a meeting with the Borough Engineer and the heads of the Land Use Boards; Mayor Barrella: need to look at the Ordinance post-Sandy.

Attorney John Chiaia, appeared on behalf of 1106 Ocean Avenue, Inc., T/A the White Sands: started application about a year ago – simple request to move current restaurant (Firefly) from the building on the west side of Ocean Avenue to the building on the east side of Ocean Avenue – banquet hall is underneath the current restaurant on the west side of Ocean Avenue – currently difficult for patrons to access the restaurant in the western building and the view of the ocean has been impacted by houses being raised, due to impact of Sandy – restaurant in the eastern building was rebuilt and is now on pilings – if alcohol can't be served there, restaurant won’t be successful – upscale dining with unobstructed ocean view – will close restaurant in the western building with the opening of restaurant in the eastern building – upscale hotel trying to offer all amenities to an upscale crowd, as a reflection on PPB – asking for expansion of license across the street – Borough Code 4.3.3 prohibits new licenses east of Ocean Avenue – asked that ordinance be amended to avoid future appeals – need to have an ordinance drafted for first reading, in order to discuss the reasons why it would be valuable – asked that the Borough Attorney be authorized to draft an ordinance amendment – can be done without diminishing any of the effects of the original intent of the Ordinance – not a full Council compliment tonight – just looking for authorization to draft ordinance (Mayor Barrella: want Council to spend money to draft an ordinance for discussion – asked how this is different from what Council rejected several years ago) a lot is different – there is now a Hotel/Motel Tax – the White Sands can keep its prices higher and ensure longer stays by offering more amenities, which would increase the town’s revenue through its Hotel/Motel Tax – town would be a participant in their success, financially – have an obligation to the taxpayers – now suggesting closing restaurant in the western building – bar at restaurant would be for private parties and would no longer be open to the public, so the burden is different this time – asked for an extra restaurant last time and this time are looking to move the restaurant from western building to eastern building – Hurricane Sandy dealt this company a terrible economic blow with over $3M in damage – surrounding structures have been raised, taking away the hotel restaurant's view – number of guests were diminished 50% last year – restaurant owners all over are suffering, according to the Restaurant Owners’ Association (Mayor Barrella: received information that hotel was booked on weekends during late July and August – asked if White Sands was abandoning its request for a Hotel License) no, Hotel License is pending – willing to work cooperatively with this Governing Body – very important for the future of this business to maintain the hotel at the level you see today, without cuts in planting flowers, etc. – trying to be upscale – at a point, economically, where we don’t know what the future holds for us [Councilman Toohey: asked if both a license extension and granting of Hotel/Motel License require an ordinance amendment (yes) – doesn't doubt the Chiaia family’s intentions – lived here a long time and an integral part of community – they are asking Council to amend an ordinance to help their business model] have an obligation to be good to businesses, especially when it will benefit the town (Councilman Toohey: can see a problem, in several years, when it no longer benefits the town, when the next business entity comes before us because you were allowed to expand east of Ocean Avenue) you have an obligation to ensure it doesn't turn into a nightclub – willing to negotiate and close that licensed premises at 11 PM, a condition that would stay with the license (Councilman Toohey: don’t doubt the White Sands’ intentions or their willingness to work with the Governing Body – doubt the next people who will come before us, claiming this exception has been made before – looking at a moral hazard) asked if the concern was other people with other licenses or the White Sands business (both) – in the case of the White Sands, have every restriction to keep that a restaurant only – Martell’s is now going to open a ‘crab shack’ and that should be very good for the community and a good way to use an ABC license – this is what the people want – town will either stay upscale or become more like Seaside (Councilman Toohey: asked if he is saying PPB will turn into Seaside if we don’t grant the exception) when you allow business to thrive and do what the professionals say is needed to make and keep that restaurant upscale, you benefit your community because it stays upscale – if you put the company in a different position where they will go with another business model, charging less per night and selling out to all kinds of people, with no flowers, concrete walls – don’t want to go in that direction – you’re concerned about that happening in 15 years, but it will happen very quickly (Councilman Vogel: asked, if Council granted the extension, under a Hotel/Motel License, what would stop any new construction of 100-room hotels, east of Ocean Avenue, from receiving the same type license – what would stop, for example, the Sand Pebble and Windswept from joining ownership to stay competitive with White Sands, and put a bar/restaurant on the beach; Attorney Riordan: the Hotel/Motel License requires 100 rooms, and business with 100 rooms can ask Council for one – always face the argument that you’ve done it before; Mayor Barrella: that’s the argument that prevailed with ABC Director in granting Martell’s crab shack license – that Council had split Jenkinsons license vs refusal to split Martell’s license) asked if Marriott made the proposal, what the answer would be (Mayor Barrella: would be exactly the same – it's out of respect for his family's business that they have gotten this far – buildings are bisected by a public thoroughfare and a County road; Attorney Riordan: ABC handbook states that it cannot be bisected by a public thoroughfare – have discussed this with White Sands counsel, who has a different view – agree with Mayor; Mayor Barrella: any license would be subject to our existing ordinances, including banning new licenses east of Ocean Avenue) is it not compelling enough that the state legislature created the Hotel/Motel Exception – there are numerous exceptions for jumping public thoroughfares (Mayor Barrella: don’t think you can argue that the Hotel/Motel Exception in State statute usurps Council's ability with respect to other prohibitions on liquor licenses) Attorney Jack Vasallo, formerly Director of the ABC, would have been here tonight, but would prefer to come when ordinance is on for first reading to discuss split license (Mayor Barrella: Council could authorize the ordinance drafting – don’t know why we’re prolonging the agony – maybe it’s a war of attrition; Councilman Mayer: asked, if this was granted, how Council would preclude other ABC license holders from jumping thoroughfares) through the Hotel/Motel License statute (Councilman Mayer: asked if Class “C” ABC License would be surrendered if Hotel/Motel License were granted) could be surrendered or fashioned to be just like a Hotel/Motel License – population in PPB only allows so many licenses and, according to ABC, White Sands already has a license – looking to just move the restaurant across the street – current ordinance would be amended by saying that unless you qualify for Hotel/Motel Exception by having 100 or more rooms – would be a very pigeonholed exception – so you would have assurance that only projects of this size would qualify – this property has borrowed a great deal of money from Ocean First Bank – hotel is highly leveraged and it’s a very delicate balance as to whether we succeed or fail – important to us and why we’ve been here so many times (Mayor Barrella: asked the Borough Attorney what would stop someone from asking that the restrictions be removed, if Council were inclined to allow a restricted “C” License at this location by getting over the public thoroughfare hurdle – restrictions such as 11 PM close, connected to food service, no bar, no live entertainment, etc.; Attorney Riordan: nothing – explained what happens at renewal, at which time applicant could ask for restrictions to be removed because the problems have gone away; Mayor Barrella: at one point, they were talking about weddings in the parking lot – asked if that was still the case) abandoned that a long time ago – primarily want to move the restaurant (Councilman Mayer: but still want to maintain a license on the west side; Mayor Barrella: have a bar where the catering hall is; if they give up the bar there, they might as well close their catering business) it's all one business – banquet facility that serves this community and a restaurant upstairs – want to move the restaurant – can see where it goes with the ABC when we get to that juncture (Mayor Barrella: asked if the license on the west was then envisioned for use with banquets, weddings and private parties) not open to the public, just private parties – if that doesn’t work out, will turn the space into rooms (Councilman Toohey: agreed that part of Council's job is to support interests of local business – but this would open the door to fundamentally change the character of our beachfront) don’t serve on the beach – don’t own the beach (Councilman Toohey: believes they have the best intentions – by amending the ordinance, Council opens the door for those who would cobble together a hotel of 100 rooms and extend liquor license east of Ocean Avenue) would argue that this scenario currently exists – argued that other hotels joining together for the same purpose would be difficult – have none that are directly across from each other – both parts of White Sands are diagonally across from each other – another hotel that looked like the White Sands would benefit PPB – would make PPB the kind of vacation destination that it would be proud of and would be good for its taxpayers – seasonal business where people arrive, park their cars and don’t move for two days – used to stay for two weeks (Mayor Barrella: asked about parking) same burden as ever before – have more parking spaces than bedrooms with 10 new spots on the east – much easier to attend restaurant on the east than the west (Councilman Cortes: echoed Councilman Toohey's sentiments about the family and business – questioned how moving restaurant would increase length of hotel stays) submitted list of sales over the last 10 years, which shows decline – tried to determine why they are leaving quickly – responses have been that they can’t get a drink at the pool – must be responsive and make the business more appealing to the public – clientele is willing to spend $320/night and come with their 5 & 7 year olds, have one drink during the day to relax – during the evening, they go to the Boardwalk – type of clientele PPB is built for (Councilman Cortes: have three grown daughters, but used to travel a lot and didn't look to see if he could buy a drink by the pool – looked at location first and if there was an indoor pool in case of rain; Mayor Barrella: been going round and round – some pointed questions have been asked – commended the way Attorney Chiaia has handled same; Councilman Vogel: asked about volume needed to make it financially worth it, as there are expenses engendered with the move) suggested Firefly owners testify (Mayor Barrella: suggested moving it along by adding ordinance draft authorization to resolutions – would give public opportunity to comment; Councilman Mayer: might want to defer that to May 6th for full complement of Council; Attorney Riordan: explained that, as per protocol policy, if voted down, it could only come back if someone who voted ‘no’ or was absent, originally, brought it back up – length of time to draft would be dependent upon how it’s crafted, narrow enough to close the door on a great number of expansions, but broad enough so as not to be challenged as too directed to individuals; Mayor Barrella: Council needs to decide what it wants to do before authorizing ordinance draft – need to have four Councilmembers who are comfortable enough with what’s being proposed to vote ‘yes’ – putting the cart before the horse – need to know restrictions prior to drafting ordinance; Attorney Riordan: can work with Council – but unless there are 4 votes to amend the ordinance, we are spending money that doesn't benefit the town) if you approve draft tonight, still have 3 hurdles – 2 ordinance votes and the vote on the application to move the license across the street; Attorney Riordan: have worked on restrictions and explored other options with counsel and Councilman Vogel – in the absence of an amendment to the ordinance, we are spinning our wheels – suggested that right course of action is to ask the Council to amend the ordinance – if there is no motion and second to do so, the matter dies) asking Council to allow us to work on presenting something on May 6th – let us make a presentation on the whole scope at that time – will have Jack Vasallo here (Mayor Barrella: before Council will vote on authorization to draft an ordinance amendment, repealing the ban on new licenses east of Ocean Avenue, they want to feel confident and comfortable with what that license will look like – all the restrictions would have to be known – can’t ask this Council to vote on amending the ordinance before completing the painting – if there is no will to amend it, should know that now, so he knows how to proceed (Councilman Toohey: would not support authorization for amending the ordinance and would not support an amended ordinance) asked to be put on the agenda for May 6th to authorize the Borough Attorney to work on ordinance amendment language (Mayor Barrella: not fair to drag this out before Council – the quicker the Council says ‘no,’ the quicker the White Sands can move in another direction – the quicker they say ‘yes,’ the quicker the White Sands can proceed – asked if Council could introduce by title on May 6th; procedurally, absolutely).


Councilman Cortes: received calls about water quality – T&M is working with Water Department on infrastructure – will be additional flushing and will be looking at infrastructure integrity in outlying areas; was on Boardwalk on Sunday for Easter Egg Hunt – Boardwalk is completed, except for some stairs; Christmas lights are starting to come down – hold up due to weather and bucket truck issues; moving forward with Phase I with Sebring; DPW roof is almost done.

Councilman Vogel: it's Police Dispatcher's Week – these personnel answer 9-1-1 calls – high stress job – have outstanding dispatchers in PPB, who perform at an extremely professional level; drop off for Rx drugs in Police lobby next Saturday; Council will have discussion, based on Chief's recommendation, regarding medical use of marijuana – already have a ban on public smoking, need to include this and e-cigarettes; asked about painting of lines (will have recommendation for reward at next meeting); asked about cutting phragmites (encouraged cutting, as we have the necessary permits); commended Recreation Committee on town Easter Egg Hunt and DPW for preparing the park for that event.
Councilman Mayer: apologized on behalf of the Finance Committee that budget is not ready for introduction (Councilman Vogel: stepped out of the room at 8:28PM and returned 8:31PM) been working diligently on many issues – debt service is slightly different on refunding bond – getting close on Capital Budget – talked about moving some current fund expenses out of Water/Sewer and the implications – BA/CFO has worked out a projection on regeneration of surplus – starting to look at 2015 budget – NRTAC has asked for draft budget before introduction – it's a deliberative document/work in progress and not subject to OPRA – would like to modify item 1/U to have a Council budget session on April 29th and introduce on May 6th; received a memo from Anne Lightburn, Open Space Committee Chair, on 1 Ocean Avenue.

Councilman Toohey: moving along with Environmental Commission and Lake of Lillies shoreline restoration, along with discussion of Barnegat Bay partnership funding; Sea Coast Oil on hold until Borough Engineer returns from vacation; commended BA/CFO for work on garbage cans and her help and guidance with the budget; asked her to speak with DPW Superintendent about repurposing the recycling containers at the Inlet.

Mayor Barrella: asked Attorney Riordan about ABC license extensions (Attorney Riordan: asked that they speak in private – no need to make comments public – ABC could question Council's motivations) will be coming up for renewal in June and all that he knows about the current case is what he reads in the print media – have concerns with only that piece of the case out there – Council would be remiss not to schedule a formal hearing and take testimony from employees and owners – asked what would happen if it cannot be done in a timely manner – asked if a temporary extension was possible (yes) – commenting now because he doesn't want anyone to be sandbagged – need answers through sworn testimony (Attorney Riordan: procedure is that there is a public hearing on each one of the renewal applications – with no objections, they take a short period of time – if there is an objection, there is a procedure to be employed – the Council did it in 2008 – the 1997 Crab Shack resolution describes the type of hearing – expect it to be similar to that – has already begun looking into it) problem is that there is evidence that is being sat on or worked on diligently (Attorney Riordan: probably shouldn't be discussing this in public) have no problem saying that the ABC isn't doing its job or criticizing the Director for taking eight months with this while only taking 30 days to declare an ordinance invalid – maybe eight months is normal, but since someone died, you’d think there would be a decision.

Business Administrator/Chief Finance Officer Riehl: waiting for JCP&L to hook up electric for Inlet comfort station; contacted electrician to work on lights in Pleasure Park; have gone out for quotes on District 2 repairs and line painting – should have recommendations at the next meeting; thanked Councilman Corbally and Cavagnaro for volunteering for two very long days to help stuff envelopes for parking passes; extension for large FEMA projects have been applied for prior to the April 30th deadline.

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)

Shazia Zaman, branch manager of the PPB Library: read a proclamation for National Library Week, April 13th through April 19th – encouraged all to visit their local library.
Dave Cavagnaro, Point Pleasant Beach (PPB): asked about cost of structural inspection at bathhouse/concession stand, about FEMA reimbursement numbers, if anyone is interested in renting bathhouses once rehabbed, and if there is any interest in paying rent higher than $17K for entire premises once rehabbed – should know if there is any interest before spending money to rehab – flood insurance is $17K (pre-dated current legislation) – can put in concession stand with restrooms and storage lockers, like Jenkinsons, and without bathhouse can get additional spots in the lot to defray the cost of flood insurance – concerned about the passion to move forward with so little information – equipment in concession stand should be geared towards renter – in the process of purchasing 1 Ocean with a vision – can't conceive that there isn’t a businessman in PPB that has envisioned Risdens property – if the biggest business did away with its bathhouses, that should tell you something; asked about conflicting County decisions on curb cuts).
Elaine Hennessy, PPB: PPB is a resort town – must try to make it as suitable and beautiful as possible – go to Inlet twice a day and walks dog at Jenkinsons lot – dog dispenser bag is no longer there and people don't pick up after themselves – Inlet is a resort attraction – needs to be some major improvements there – broken light stand since Sandy now has an orange cone over it – bathrooms are in a trailer with an iron railing – cannot use them if handicapped – must use port-o-john, which is filthy – trash cans are next to benches or yellow curbs and cars hit them – 2 staircases which only have one railing on the west side of inlet – spray painting on lot from Chowderfest – 2 large recyclable containers are on the sidewalk – part of the Loughran Point sign has been taken and has not been replaced – plate on rock by Fisherman’s Memorial is crooked – Boardwalk to Fisherman’s Memorial was destroyed during Sandy and needs to be repaired.
Alberta Mason, Neptune – NJ: thanked Council for taxi ordinance – had issue with item pertaining to liability insurance – been taxi owner for 10-15 years – from Long Branch to Manasquan, liability is set at $35K-$100K – found companies with $100K, $300K or $500K – asked if they have to get $300K or can it be lowered – asked what "bid" means.

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

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)

Attorney Riordan: asked that Council provide a minimum bid price for item 1/W (after discussion agreed on $7,500) can reserve the right to reject all bidders – need to add minimum bid price to resolution (seasonal should clearly state $350 minimum bid in the resolution); Councilman Toohey: asked that item 1/B be considered separately.
Motion by Councilman Vogel, to adopt resolutions listed below, was seconded by Councilman Cortes and carried by the following roll call vote.
a) P O to This & That Uniforms for 50 SLEO uniforms (not to exceed $17,500)
b) Considered separately as Resolution 4
c) Purchase orders to Global Industrial Equip for trash/recycling containers and delcing sprayer
d) Payment to OC JIF for 2nd installment of various liability and worker’s comp insurance policies ($242,390.17)
e) Payment to Devo & Assoc. for monthly parking machine airtime Apr-Jun ($6,984)
f) Payment to Ocean County for 2nd Quarter tax levy ($1,932,181.71)
g) Payment to Motorola for police radio equipment ($10,334.25)
h) Payment to Lawmen Supply for holsters and handcuff pouches ($2,540.62)
i) Payment to Cross Match Tech. for fingerprint scanner equip. ($11,117.06)
j) Payment to Plainfield Consultation for 24 pre-employment evals ($7,800)
k) Payment to L3 Mobile-Vision, Inc. for police camera equipment ($3,347.80)
l) Scheduled payment of district taxes to PPB Board of Ed ($916,131)
m) Payment to Fire Security Technologies for keyless office entry ($4,900)
n) Payroll #7 ($243,684.42)
o) Meridian Health Banner Application for Paint the Town Pink, 4/30-5/14
p) Salary adjustment for J Mutter for passage of course leading to certification ($250)
q) Payment of stipend to PPB Recreation Basketball Director ($1,500)
r) Payment to T&M Associates from escrow accts ($6,966.50)
s) Payment of computer-generated vouchers ($1,105,445.22)
t) Authorization for Administrator to execute agreement for homeowner to replace dune on
Borough property, upon Borough Attorney approval of the form of the agreement
u) Establish Council budget workshop session on April 29th
v) PO & Payment to Identifix for mechanic diagnostic program ($1,812.60)
w) Authorize Borough Attorney to draft ordinance providing for bid of annual taxi license
x) Authorize maximum number of seasonal taxi licenses to be set at 100
y) Proclaim week of May 4-10, 2014 as Municipal Clerks Week
z) Progress Payment #1 to MiBo Construction for DPW Roof Replacement ($31,228.38)
aa) Chef’s Int’l Temporary Storage Permit to store alcohol at 62 Broadway 5/1-11/1
bb) Authorize execution of contract with Sebring Associates for Phase 1
architectural services, upon approval by the Borough Attorney
VOTE: Council Members Cortes, Vogel, Mayer, Toohey….YEA

Motion by Councilman Toohey to adopt RESOLUTION 2 (Payment to Fire & Safety Services, Ltd. for ladder truck repair, partially reimbursed by insurance - $10,642.23) was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Cortes, Mayer, Toohey….YEA
Councilman Vogel recused himself from discussion and vote.

Motion by Councilman Cortes to adopt RESOLUTION 3 (Payment to Brick MUA for March bulk water usage - $44,872.45) was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Cortes, Vogel, Toohey….YEA
Councilman Mayer recused himself from discussion and vote.

RESOLUTION 4 (Curb cut request – 206 Randall Avenue) was discussed. Councilman Toohey: property has fire hydrant on it – spoke to zoning/code officer and extenuating circumstance will remove a parking space from the street; Mayor Barrella: fire hydrant is extenuating circumstance – as long as 16' doesn't cause the loss of another space; Councilman Cortes: asked about moving hydrant (would cost a few thousand dollars); Mayor Barrella: asked if moving the hydrant would save a parking space.
Motion by Councilman Toohey to table RESOLUTION 4 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Cortes, Vogel*, Mayer, Toohey….YEA
*Councilman Vogel: wants directive so Council can provide answer at next Council meeting.

Ordinance 2014-13 (Cap Bank) was introduced on first reading. Motion by Councilman Mayer, to approve Ordinance 2014-13, was seconded by Councilman Cortes and carried by the following roll call vote. Public Hearing will be held on May 6, 2014.
VOTE: Council Members Cortes, Vogel, Mayer, Toohey….YEA

Councilman Vogel recused himself from discussion and vote on the following and left the room.
Motion by Councilman Toohey to table Ordinance 2014-14 (Fire Truck Acquisition Bond) was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Cortes, Mayer, Toohey….YEA.
Councilman Vogel….No vote as he had left the room.

Councilman Vogel rejoined the meeting in progress.
Ordinance 2014-15 (Amending Ordinance 2014-08) was introduced on first reading. Motion by Councilman Vogel, to approve Ordinance 2014-15, was seconded by Councilman Cortes and carried by roll call vote. Public Hearing will be held on May 6, 2014.
VOTE: Council Members Cortes, Vogel, Mayer, Toohey….YEA

Ordinance 2014-04 (Front Lawn Parking) was considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro: supports the concept but is troubled that it only applies to seasonal rentals – asked that it be applicable to everyone or no one.
Councilman Vogel: spoke with the real estate community – does not change the existing process for issuance as a code violation – adds an extra tool for Police to issue summons directly to the vehicle – will be continued enforcement of delineation of parking anytime a CO is issued, which applies to new construction, seasonal and year-round rentals – anytime there is a property inspection, will have focus on enforcement and parking delineation – trying to standardize throughout town.
Motion by Councilman Vogel to close the public hearing and adopt Ordinance 2014-04 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Cortes, Vogel, Mayer, Toohey….YEA

Ordinance 2014-10 (Acquisition of Property) was considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro. PPB: supports the acquisition as a benefit to PPB – asked how many Council Members have looked at the property closely – suggested a restroom use for the salvageable building in the rear – the other two buildings need to come down and be used for parking – there was a plan by a Congressman to cement the top of the jetty for easy access and to connect the Boardwalk to the jetty, making that parking area a better destination point – all of that is enhanced by the acquisition of this property.
Mayor Barrella: confirmed with BA/CFO that the existing bathhouse is no longer in a V-Zone, so it could be put back in that location – maybe other options with this property (BA/CFO received a memo from Mr. Gardner this afternoon on that subject, which was distributed to Council); Councilman Toohey: need dialogue about what happens to this property upon acquisition – need to hear from the public; Mayor Barrella: commented on the disgraceful condition of the property and how it was allowed to get to this point by Fulton Bank, which has fought the town every inch of the way, due to corporate greed – should have gone after them from the beginning, as their behavior has been disgraceful; Councilman Mayer: property has more than one benefit to the town, including clearing the site triangle to the north jetty; Councilman Toohey: will get money from FEMA to relocate restrooms.
Motion by Councilman Mayer to close the public hearing and adopt Ordinance 2014-10 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Cortes, Vogel, Mayer, Toohey….YEA

Ordinance 2014-11 (Property Acquisition Bond – Capital Fund) and Ordinance 2014-12 (Property Acquisition Bond – Open Space Trust Fund) were considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro, PPB: asked if all acquired property becomes part of the ROSI – asked about Sea Coast Oil and water pump property (Attorney Riordan: no matter what funds are used, if it’s dedicated to recreation and conservation, the next time you apply for Green Acres Funds, that property must be listed on the ROSI) asked if putting a bathroom on the property would make it recreational (yes; Mayor Barrella: asked about paid parking; Attorney Riordan: if you’re using your money to purchase the property, you get to make the call whether the paid parking is a recreational use – as the town was able to convince the State that paid parking at Risdens, which was purchased with Green Acres money, was a recreational use, have no problem arguing that paid parking is a recreational use on this property; Mayor Barrella: my question is if it’s optional or must be; Attorney Riordan: only way to avoid putting it on the ROSI is to make the opposite argument as that which was made with the Risdens property; Mayor Barrella: different as the parking and building already existed on the Risden’s property at time of purchase, while the town would have to erect the restrooms and blacktop for parking on this property; Councilman Toohey: argument has been made that if we purchase with Open Space Funds it must be put on the ROSI and the town could not sell it in the future – disagree, as the town is not in the business of speculating with taxpayer money) but if purchased through Capital, the town could subdivide the property, a portion could be kept for town use and the other portion could be sold to cover the cost of acquisition [Councilman Mayer: this corner property is 7,676 square feet in a 10,000-square-foot zone – other than the idea of keeping that back apartment, which we are not in the business of doing, have not been presented with any alternate use that could not also be done if it was Open Space property; Mayor Barrella: spoke about the cost of rehabbing the concession stand on the south end, which is hardly used – if you put that on this Inlet property, the town would make some money– may not be able to do that, for those looking for breakfast and lunch when utilizing the Inlet Recreation Area, if Open Space Funds are used; Councilman Toohey: found that use is not as restrictive as originally perceived – although not necessarily supporting same, should be able to put a snack bar there in support of recreational purposes – can’t avoid putting it on the ROSI and then selling it; Councilman Mayer: can pay for it through Open Space without an additional tax; Mayor Barrella: argued that the Open Space money was needed to repair the existing bathhouse/restroom/concession stand building on the south end of the Boardwalk; BA/CFO Riehl: current Capital budget would be left with about $800, if doing everything we plan – Sea Coast Oil and Silver Lake are not factored into those figures; Mayor Barrella: correct answer is to move more money into the Capital Fund; Attorney Riordan: if you use the Open Space Fund, you can change the use to something else, with Governing Body approval and reimbursement to the Open Space Fund, until the next time you apply for Green Acres Funding; Mayor Barrella: asked if same is true if using Capital Funds originally (would need to research)] task of Council is to look at the town’s finances and, if sub-dividing and selling off a portion of this property would position the town better to look at a future purchase, that’s an option Council might want to keep on the table; asked that Council review former Councilwoman Tooker’s design with free standing stalls before committing to a bathroom design.
Anne Lightburn, PPB: to make the down payment and have some flexibility, with a recreation/Open Space use, can source the bond payment out of Open Space – recommended financing it through Capital Funds; spoke to Green Acres about putting paid parking in there and it’s not an issue because it’s public access – and a snack bar too.
Councilman Mayer: have an advantage in seeing the proposed budget and don’t want to add another $23K at this point – recommended going with Ordinance 2014-12; Councilman Vogel: asked if the Waffles and More building was vacant at the time of Super Storm Sandy (yes) – non-conforming commercial property in a commercial zone – if subdivided, would need Board approval to build; Mayor Barrella: supports my argument that the town bailed out Fulton Bank by buying a pig in a poke for a bathroom and a view; Councilman Mayer: which is the purpose of the Open Space Trust Fund.
Motion by Councilman Toohey to close the public hearing and adopt Ordinance 2014-12 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Cortes, Vogel, Mayer, Toohey….YEA
Attorney Riordan opined that since Ordinances 2014-11 and 2014-12 are mutually exclusive, there is no need to act on Ordinance 2014-11.


Councilman Toohey left the room at 10:04PM and returned at 10:06PM.

Elaine Hennessy, PPB: spoke about lack of guard rails at 2 staircases on the west end going down to the sea wall, spray paint used in parking spaces during Chowderfest, and 2 recyclable containers that need to be pushed off sidewalk into parking lot; asked who owns Loughran’s Point – sign is broken and part of it was stolen (Mayor Barrella: exited the room at 10:10PM and returned at 10:13PM) spoke about problems at Inlet Recreation Area – rock to the east of the walkway is facing the wrong way – Boardwalk to the Fisherman’s Memorial is raised and needs to be fixed – fence at Memorial is broken – weeding and landscaping needs to be done – windmill light is out – additional, movable, benches are needed – Manasquan has dual sanitation cans, attached to poles, which were also removed before the storm.
Dave Cavagnaro, PPB: asked if there was any movement on the backfill ordinance – per Building Department, the 200 square yards/property equates to 10.5” in height to a 50’ X 150’ lot – starting point would be a provision that whatever elevation changes are made should not change run-off consequences to neighboring properties – consequences of changing land heights will be increasingly problematic in different neighborhoods; asked about height measurements being exempt from OPRA during deliberations and when they would be available – it’s been 2.5 months; asked Councilman Toohey for cost of Lake of the Lillies fencing – spoke about health issue caused by geese excrement and the cost factor vs. using the USDA to remove the geese; asked if staircase at District 2 Police substation will be wheelchair accessible.
Mrs. Hennessy: asked when Pleasure Park bathrooms would open and if leak was fixed.


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

Meeting was adjourned at 10:23PM.

TRANSCRIBED BY: ________________________________
Maryann Ellsworth, Municipal Clerk

ATTEST: ______________________________
Eileen Farrell, Deputy Clerk

Published May07, 2014 | Council Minutes | 1870

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