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May 20, 2014

MINUTES

Mayor Barrella called the regular meeting to order at 7:35 PM. Present were Council Members Reid, Cortes, Vogel, Mayer and Gordon. Councilman Toohey was absent due to work commitment. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Councilman Vogel left the room, recusing himself from the following discussion.
Councilman Mayer: spoke about Borough Code as it regulates the Fire Department – it’s very well done – the Board of Fire Officers (BOFO) governs the Fire Department and makes recommendations – thanked the BOFO for meeting, getting everyone together, working out the issues and delivering their report quickly – have very experienced fire people in town, two distinguished companies with very proud history – BOFO gave their unanimous approval for recommendation from the truck committee – asked Councilman Gordon if he would like his Council Committee to consider any other aspects of it; Councilman Gordon: satisfied with the recommendation of the truck committee and BOFO; Mayor Barrella: have a unanimous, formal approval from the BOFO, signed by 10 members which come from both fire companies – so Council can move forward with consideration of Ordinance 2014-14; Councilman Mayer: Borough Code designates that the BOFO shall submit written reports to Council twice a year, including conditions of the various pieces of apparatus and equipment and conditions of hydrants, etc. – would appreciate if BOFO could focus on the 3-year capital budget and communicate to Council through the Chief.
Mayor Barrella: a request was received by Code/Zoning Officer (CO/ZO) Petrillo from Attorney Gasiorowski, on behalf of Martell’s – CO/ZO’s memo concludes that the Borough’s Ordinance for outdoor cafe licenses does not apply in RC zone and provided some other suggestions.
Councilman Vogel returned to the meeting in progress.
Mayor Barrella: unless Council does something, those tables, chairs, fencing and signage are not permitted on the Boardwalk right-of-way (ROW); Councilman Reid: spoke with Mr. Scott Bassinder, the owner of Martell’s, and asked him to send a letter requesting permission to put the tables and chairs on the Boardwalk – CO/ZO provided a few suggestions as to what Council could do to permit the tables and chairs on the Boardwalk – Council could grant permission of said use on a yearly basis thereby controlling and restricting placement – would like to go this route and restrict use to no more than 12 tables; Attorney Riordan: would need to be done by resolution; item was added as Resolution 5; Councilman Gordon: asked if Council would consider and approve requests from any other establishments; Mayor Barrella: good and fair question but should be made during discussion of Resolution 5.

COMMITTEE REPORTS:

Councilman Reid: reported on call received from the energy aggregation company, today – there may have been an opportunity to go to bid today – don’t see the prices going down too much as the price of natural gas keeps creeping up – electric prices are also driven by the price of natural gas – hopes to have a number by the next meeting; Councilman Cortes filled in at water meeting today and Engineer Savacool is here to address same.

Councilman Cortes: reported on public property, buildings and grounds – received an e-mail from the Open Space Advisory Committee regarding Loughran Point, which was damaged during the storm – Fisherman’s Memorial was maintained by a 3rd party, but the gentleman passed and there is no money in the fund, so the town is going to take it over – Open Space had some good ideas – will take down broken fencing, remove the plaques, return plaques to families, investigate getting a single plaque that contains all the names, and reposition some of the rocks around the statue to hide the concrete base; McKeon Electric is ready to work on Pleasure Park lights; spoke with Borough Engineer about restriping parking lot at New Jersey and Ocean Avenues to get a few more parking spaces; electric has been hooked up at the Inlet restroom; putting a temporary restroom trailer at foot of Arnold Avenue at Police District 2 (D2) – location was approved by the Police Chief – Jenkinson’s will maintain and clean it; Boston Avenue project coming along – should restripe tomorrow; DPW roof is complete; electrician replaced some lights at D2 – contractor should be starting shortly; reached out to JCP&L regarding Boardwalk Plaza lights; been complaints in various parts of town about water color – sat in on water quality issue meeting for Councilman Reid, with BA/CFO, Borough Engineer and another professional from his firm, the DEP, Brick Utilities (BTMUA) and our Water Department – meeting produced a couple of action points – asked Engineer Savacool to provide status on same (Councilman Mayer: asked about something that he saw from the Borough Engineer on D2 restrooms) asked him to start working on something permanent that will be touched on throughout the summer (Engineer Savacool: had meeting today about water quality issues in disparate areas around town – essentially high iron in water – various testing has been done – Ph, Iron, Manganese – been in contact with BTMUA, who provides 100% of the water for the Beach, regarding their corrosion inhibitor – BTMUA doesn't have problems with any of the other towns in their system – not an uncommon problem in the shore area now, as if affects several other municipalities – came up with short, medium and long term approaches – short term, will take some additional tests – BTMUA will do a study on cast iron piping as most of our pipes are cast iron with no lining, while modern piping is cement lined; Councilman Gordon: asked if any the problem was attributable to Sandy, salt water intrusion; Engineer Savacool: no – have a high demand in summer, with lower demand in winter – makes water stand in the pipe that much longer – unfortunately, after Sandy the population has decreased all over town – the areas affected are usually on the fringes, at the perimeter of the system – town doing fact-finding about adding a treatment at the plant, which would be a corrosion inhibitor – longer term, will have a proposal for Council regarding mapping and modeling the system – given the fact that the system is between 75 and 90 years old, developing a plan for cleaning and lining the pipes) Water Superintendent Broyles reported that there was no loss in pressure, meaning no salt water intrusion – BTMUA has offered resources and manpower if PPB is looking to flush the system and hydrants (Councilman Mayer: had assumed when I heard it was affecting Lake Como, too, that there was a ‘Sandy’ connection; Mayor Barrella: cautioned Councilman Mayer that he might want to recuse himself, out of an abundance of caution, from this discussion as PPB purchases all its water from BTMUA, for which he serves as Bond Counsel; BA/CFO: no quick fix for this – going to be a long, multi-year, expensive process).

Councilman Vogel: Recreation Committee is sponsoring Family bonfire Sunday; thanked DPW for fixing potholes leading up to Maryland Avenue beach, as well as Maryland and 35S; Police Department is ramping up for summer season – Class I Special Officers graduated Academy a few weeks ago – 42 Class II officers graduated today with several receiving awards for physical fitness, marksmanship, etc. – starting season with 54 Class II officers, 29 Class I officers, 14 Parking Enforcement officers and 5 part-time Communications officers, all of whom are being supervised by one sergeant and 2 patrol officers; ramping up with taxi stands, with police being proactive and handing out information on licenses; had discussion with the Chief about RVs in our lots blocking a lot of spaces – don’t want people camping out in our Municipal lots or taking up a lot of spaces they’re not paying for; look forward to seeing all during Memorial Day celebrations, great time for everyone to come together; read what went on in the newspaper during his recused portion of last meeting – served on Governing Body for 7 years and disgusted by behavior – have meeting protocol in place – there’s also basic human dignity – embarrassed by this Council.

Councilman Mayer: budget hearing is June 3rd; asked BA/CFO Riehl to prepare a temporary capital budget relating to the fire truck bond ordinance and would like to add same to the agenda; spoke to BA/CFO Riehl about surplus regeneration – would like Council to stay focused on this – putting $1.3M into surplus in this year’s budget – the concern is for declining surplus – current projection shows a negative $260K regeneration – can’t continue that way; also asked BA/CFO Riehl to start working on the 2015 budget – coming into contract negotiations – had a lot of new hires last year – need to focus on getting back into structural balance – will monitor revenues, expenses and surplus and hope to develop a plan to come back into balance over the next couple of years.

Councilman Gordon: already discussed BOFO meeting and their recommendation for new fire truck – this is an expensive purchase and welcome people’s scrutiny of it – would be remiss if each one of us did not do that – that’s why, specifically, Mr. Brodeur, from the Fire Company, came before Council and explained the reasoning – have to trust our professionals – these are dedicated volunteers who get nothing except the satisfaction of a job well done – should not only scrutinize the dollars being spent – should also scrutinize the capability of our volunteers to ensure the safety of the citizens of this great town – asked that be taken into consideration during vote on new truck – trust our professionals implicitly and hope rest of Council does the same.

Councilman Vogel: reporting for Councilman Toohey: had a productive meeting with Planning Board/BOA Attorney Galvin and Engineer Savacool – joined by Greg Cox, a local architect who had positive feedback and who gave those in attendance some ideas of what’s happening in nearby communities, which will help keep the charm and character of the shore and PPB – that feedback will be brought back to the various boards – one fact that came out was that any County road approval requires a K-turn driveway, which requires an ‘L” shaped driveway – goes against the grain of eliminating front lawn parking – reaching out to the County about it – going back to the boards and their members for more feedback – discussed curb cut issues and second curb cut – Attorney Galvin was going to reach out to the Mayor (he did) – meeting was positive and educational.

Mayor Barrella: finds it interesting that a private architect and citizen was invited to a meeting about Borough ordinances and the Mayor was not – think that’s an embarrassment for this Council; thanked Attorney Riordan for getting complaints – surprised no answers have been filed (Attorney Riordan: believes an answer might have been filed by corporation that runs the parking lot and will get a copy) asked Chief if there was any progress with Old Bridge (Chief O’Hara: sent letter to Old Bridge Chief asking him to either release information or to forward it to the Middlesex Prosecutor’s office and haven’t hear anything from either) asked if he should try calling the Old Bridge Mayor – sent letter to ABC Director Halfacre, basically requesting all evidence in their possession – been advised that we’ll be getting a formal response, the gist of which is we will not be getting those materials, but they might be making a decision at the beginning of June – so, it might not make any sense to consider the renewal of the Martell’s license on the 27th.

Business Administrator/Chief Financial Officer Riehl: at last meeting, there was discussion about negotiations with N.J. Transit regarding signalization – in doing some research, came across an ordinance passed in 2000 in which the Borough vacated its title and interest in that strip of land.

Councilman Gordon: reminded all that Memorial Day recognition and parade is this Saturday.

Municipal Clerk Ellsworth added items to the agenda.

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)
BEGAN AT 8:20 PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): asked about considering rehabilitation of right, rear building at 1 Ocean Avenue for the apartment upstairs, not touched by the storm with income potential for the town, and about considering the lower level, which already has electric and plumbing, to be the new restroom – it’s a cinderblock structure – asked to have Borough Engineer investigate feasibility – should extend site plan approval by December in case the Governor doesn't extend the Permit Extension Act (Borough Engineer: bottom floor restroom not feasible, as it’s below base flood elevation – would have to flood-proof building – make it comply with regulations, as drainage would all be below base flood – if you’re going to flood-proof, might as well tear it down); should specify the size of the tables in front of Martell’s – asked if the fence is going to be allowed – have no objection to tables, have objection to the fence – tables at the pizza place across from it, are available to the public – these tables should be available to the public, not fenced in just for their customers – that’s a blockage of the ROW.
Marilyn Burke, PPB: asked what $750K bond for new fire equipment would cost the town on a yearly basis – asked what effect it would have on real estate taxes – taxes going out of sight and it has to stop – going up a little over $279K this year – value of property has gone down but taxes have gone up – asked what’s causing this, if Council was aware of profit and loss, if they know they have to control costs to come out on top and if anyone had ever managed a product – can’t keep hiring people if you can’t afford them (had significantly more employees years ago – trend in last few years was to part-time everyone – due to changes in productivity and federal changes in health insurance, made the decision to upgrade part-timers to full-time – the impact was a large increase to health benefits) – economy is suffering with many college graduates unable to find jobs – expressed fear of going bankrupt like in 1939 (common myth – last year’s Council gave PPB the opportunity to move forward into the future as an established municipality with a full work force – 2013 budget produced the largest surplus, without the CDL, that PPB has had since the turn of the century – negotiated starting salaries at 30% lower than previous contract – health care costs went up, due to new employees, in a year where there was surplus to offset it) asked if there is a guarantee that medical benefits will not increase for the new hires.

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….YEA

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)
ENDED AT 8:43 PM

Councilman Mayer: asked about minutes approval; Mayor Barrella: pulled today as I suggested they were not complete; Councilman Cortes: asked if 1/M was for new equipment (replacement, covered by FEMA and insurance money) and if 1/T was for vehicles already replaced or to be replaced (already replaced or not necessary – will try to auction them off); Councilman Mayer: asked term of contract in 1/N (2 years – 1/1/14 to 12/31/15).
Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Cortes and carried by the following roll call vote.
CONSENT RESOLUTION 1:
a) 2014 OC Multi-Jurisdictional All Hazard Mitigation Plan
b) Memorialize Change Order #2 to Utility Innovations for Sanitary Sewer Spot
Repair ($11,295.78) as total changes are >20% of awarded contract price
c) Payroll #10 ($249,270.23)
d) Scheduled payment of district taxes to PPB Board of Education ($916,129)
e) Refund of shade tree bond for 211 Curtis Ave ($350)
f) Payment to Global Industrial Equip. for trash/recycling containers ($10,398.80)
g) Payment to F&C Auto Supply for DPW auto parts ($4,748.09)
h) Water/sewer Bill adjustments (3)
i) Progress payment #1 to JS Welding for Arnold Ave Ramp Guardrail ($11,890)
j) Payment to Pitney Bowes for prepaid postage ($4.000)
k) HELD Payment to Wallace Contracting for D2 stair reconstruction ($25,964)
l) Payment to Eagle Point Gun for police ammunition ($6,881.68)
m) Payment to Atlas Flasher & Supply for police equipment ($15,850)
n) Authorization for Mayor to execute 2014-2015 towing contract
o) PO to GRQ Building for removal & repair of Maryland Ave stairs and rail ($2,200)
p) PO to This & That Uniforms for Special Officer uniforms ($3,510)
q) Payments to Denise Sweet from escrow accts ($400)
r) Payments to T&M Associates from escrow accts ($5,208.50)
s) Scheduled payments of taxes to PPB BOE by respective due dates ($6,277,452.50)
t) Authorize sale of garbage and dump trucks, utility vehicle & pneumatic tire machine
u) Payment of 2nd quarter installment to OCUA ($320,265)
v) PO to Eagle Point Gun for police ammunition ($3018.40)
w) Request that state fully staff OEM to ensure FEMA funds are promptly disbursed
and request that FEMA not reallocate undisbursed funds elsewhere
x) Support an increase in $25M annual allocation for the Shore Protection Fund
y) P O to Turbo Electric for D2 lighting fixtures and installation (not to exceed $4500)
z) Payment of additional $500 stipend to Joe Fitzsimmons for work as Recreation
Basketball Director during the 2013/2014 season
aa) Adopt Temporary Capital Budget
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon….YEA

Motion by Councilman Reid to adopt RESOLUTION 2 (Waiver of municipal portion of raffle fees for Ocean Fire Company # 1 motorcycle raffle) was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon….YEA
Councilman Vogel….Abstain

Motion by Councilman Cortes to adopt RESOLUTION 3 (Payment of computer-generated vouchers in amount of $1,402,593.03) was seconded by Councilman Reid and carried by roll call vote
VOTE: Council Members Cortes, Vogel (all except any fire department payments),
Mayer (all except any Brick Utilities payments), Gordon….YEA
Councilman Reid…..Abstain

Motion by Councilman Reid to adopt RESOLUTION 4 (Payment to Brick Utilities for April bulk water usage – $54,590.34) was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Gordon….YEA
Councilman Mayer…..Abstain

RESOLUTION 5 (Authorization for Martell’s to place not more that 12 tables, with chairs, on the Boardwalk between property owned by Camryn & Dalton, Inc., T/A Martell’s Tiki Bar and the Boardwalk ROW) was discussed.
Mayor Barrella: asked if Councilman Reid wanted to touch base with CO/ZO Petrillo before moving forward; Councilman Reid: had discussions with Mr. Bassinder – if more than 12 tables on Easter, there will be 12 shortly; Councilman Mayer: maintaining historical space – no expansion, correct; Mayor Barrella: it is an absolute expansion; Councilman Reid: thing they’ve been doing for years – tables with 4 chairs – if Council is unhappy with it this year, can discuss it when they request it next year; Mayor Barrella: if it was historical, they would not have needed to get permission to put tables in front of the Crab Shack – spent $90K on that section of Boardwalk which a private enterprise will annex upon motion of Council – asked Mrs. Burke what she thought about that.
Councilman Reid made a motion to adopt Resolution 5.
Councilman Vogel: asked how much space would be utilized; Attorney Riordan read the resolution (Grant Camryn And Dalton, LLC, Permission to place No More Than 12 Tables, Chairs for the Tables and Fencing in the Area between the Front Door of Camryn And Dalton, LLC Property and the Borough’s 16-Foot Wide Boardwalk Easement); Councilman Vogel: asked about north/south length and if it would impede pedestrian traffic in that area; Mayor Barrella: asked if Councilman Vogel had seen it Easter Sunday – asked if anyone was interested in seeing what it looked like on Easter Sunday; Chief O’Hara: can't comment as do not know the size or distance: Councilman Cortes: up there yesterday – tables, chairs and fencing did not protrude any farther west than the railing on the east side of the Plaza section, which abuts the town’s 16’ ROW, and not any farther west than the end of Jenkinson’s arcade – no impedance to any pedestrian traffic; Mayor Barrella: that is part of our ROW – that was paid for with $90 of taxpayer dollars; Councilman Cortes: there are some discrepancies; Mayor Barrella: don’t know where that’s coming from – heard Attorney Riordan speak about some testimony that the town never maintained it – the town may not have maintained it, but that doesn’t mean the ROW does not belong to the municipality – if you want to vacate that property, do it right and make a complete gift of that property to the adjacent property owner; Councilman Vogel: asked Mr. Gasiorowski if the tables are only there during business hours, brought in at night, and there from Easter through September; Mr. Gasiorowski, Attorney for Camryn and Dalton, LLC, T/A Martell’s Tiki Bar and Jake’s Crab House: that’s my understanding – there has been a lot of correspondence between myself and Attorney Gertner on the matter – request is that 12 tables with chairs be allowed there in accordance with what’s historically been there – will be responsible for maintaining it as they always have – Jenkinson’s arcade goes out further west than the Martell’s building – in question is that area in front of Martell’s within the line that runs between Jenkinson’s Arcade, on the north, and the Boardwalk railing, on the south, which has historically been maintained and utilized by Martell’s; Mayor Barrella: asked how long it’s been utilized; Attorney Gasiorowski: my understanding is that it’s been so utilized for decades; Mayor Barrella: asked about the fencing and signs; Attorney Gasiorowski: have no idea – am aware of some of the legal issues with regard to the ownership of that area – am aware, of what I believe to be, the established ROW – my client has color of title to that area and he has in fact utilized it for years – not here to litigate that this evening, here with a simple request; Councilman Reid: our CO/ZO presented suggestions on how to proceed and have made a motion to adopt Resolution 5; Councilman Vogel: asked the Chief if he would not recommend this be done any further south than the Plaza area – if tables at other businesses there would impede pedestrian traffic; Chief O’Hara: should be reviewed on a case-by-case basis – this section is indented to the east more than other areas; Councilman Vogel: recalled the witches with the snake being out in front of the Fun House scaring people – don’t want any of that; Councilman Gordon; asked about the purpose of the fencing; Mayor Barrella: it’s to privately annex what was paid for by $90K in taxpayer dollars – that’s what the fencing is about; Councilman Reid: at last meeting, the Mayor wanted the DPW to take the tables and fencing away – suggested starting a dialogue with Martell’s – did so and they sent the letter that is being considered – think it’s fine that the tables and chairs are out there – have been there in the past.
Councilman Reid, again, made a motion to adopt Resolution 5 (Granting Camryn And Dalton, LLC, Permission to place No More Than 12 Tables, Chairs For The Tables and Fencing in the Area between the Front Door of Camryn and Dalton, LLC Property and the Borough’s 16-Foot Wide Boardwalk Easement), which was seconded by Councilman Cortes and adopted by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon*….YEA
*Councilman Gordon: have no problem with the tables and chairs – do have an issue with the fencing; Councilman Reid: will look into it; Councilman Gordon: that’s a fair gesture on your part, so vote is yes.

Mayor Barrella left the room at 9:00 PM.

Ordinance 2014-17 (Establish $3.00 fee for Saturday garbage bags) was introduced on first reading. Motion by Councilman Reid, to approve Ordinance 2014-17, was seconded by Councilman Vogel and carried by the following roll call vote. Public Hearing will be held on June 3, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon*….YEA
*Councilman Gordon: not convinced this will work but an advocate of giving things a shot on a trial basis – should scrutinize over the course of the year and be ready to move even if it’s mid-season (Attorney Riordan: a sunset clause is provided in the ordinance).

Ordinance 2014-16 (Provide for auction of annual taxi license with a minimum bid of $7,500) was considered on second reading. The public hearing was opened by Mayor Barrella and held with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2014-16 was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon….YEA

Mayor Barrella returned to the meeting in progress. Councilman Vogel recused himself from discussion and vote on the following, leaving the room at 9:02 PM and returning at 9:09 PM. Mayor Barrella cautioned that a Bond Ordinance requires 4 affirmative Council votes for adoption – Councilmen Toohey and Vogel are not present to vote which leaves only 4 members available to vote – a vote of 3 to 1 is not enough to adopt.
Ordinance 2014-14 (Fire Truck Acquisition Bond) was considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro, PPB: this vehicle is part of a regular vehicle maintenance plan – only issue is that it's not an exact replacement but something the Fire Department endorses as being needed – endorse same and hope that Council does so – the advantage would be that truck would be available at the beginning of 2015 instead of at the end of 2015.
Motion by Councilman Reid to close the public hearing and adopt Ordinance
2014-14 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes*, Mayer**, Gordon….YEA
Councilman Vogel….. No vote as he had left the room.
*Councilman Cortes: did some homework and some research and questioned this – don't think that's an embarrassment, that's due diligence – there's a lot of taxpayer money being spent and should ensure it's the right truck – contacted the sales rep, looked on the website and contacted fire personnel – was also contacted by some people – applaud Mr. Brodeur for coming in to answer questions – glad the BOFO met – on their recommendation will vote yes.
**Councilman Mayer: thanked the firemen for all they do – for all the work they've done – thanked the BOFO for hashing it out, that' really where that discussion should occur – the two companies need to get together – it's very important, going forward, that they come out as one – learned something with the process of purchasing the fire rescue truck – advised Fire Department to speak with BA/CFO Riehl about taking title to the chassis before they dress up the truck – learned you can save money on it that way.

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 9:09 PM.

Councilman Vogel rejoined the meeting in progress.

Dave Cavagnaro, PPB: agreed with one plaque at Loughran's Point – asked that it be placed closer to street than monument so the water won't wash it away; was mention of meeting with boards and second curb cut issue – asked if the boards agreed or disagreed, if there was any recommendation on double curb cuts; spoke about garbage ordinance – sanitation trucks do dump on Saturdays right after pick-up – this program will cause garbage to sit in trucks for two days with more garbage in trucks after Sunday pick-up – source is two different groups, rental owners who want this and second home owners who are looking for Sunday drop-off – will be receiving a second request soon – many real estate agents are pleased with this, as it enhances their business – concerned with impact on the taxpayers of PPB and that particular area with garbage sitting for two days – if it turns out there's problems within a month, Council should be willing to look at it and stop it.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:16 PM.

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

Meeting was adjourned at 9:17 PM.



ATTEST: Maryann Ellsworth, Municipal Clerk


Published June09, 2014 | Council Minutes | 1888


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