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July 1, 2014

Council Minutes

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

Motion by Councilman Cortes, to enter closed session to discuss contract with Board of Education regarding School Resource Officer, was seconded by Councilman Toohey.
Motion by Councilman Mayer, to add discussion of criminal investigation to closed session matters, was seconded by Councilman Cortes, and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Toohey …..YEA
Motion by Councilman Reid, to enter closed session to discuss items listed above, was seconded by Councilman Cortes and carried by the following roll call vote. The Governing Body reserved its right to amend and supplement the purposes of executive session by motion at the public meeting.
VOTE: Council Members Reid, Cortes, Mayer, Toohey….YEA.

Closed Session began at 6:37 PM and ended at 7:13 PM.

Mayor Barrella called the regular meeting to order at 7:31 PM. 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 the June 17, 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 with items moved to the agenda for action; curb cut request for 1811 Beacon Lane was held for further clarification from Zoning/Code Official; the issue of windows in non-habitable space was discussed as it increases the ability to make that space habitable – garages, attics and basements allow windows - will continue to discuss with Attorney for the Boards; Councilman Toohey provided background for 104 Harvard Avenue request for waiver of BOA fees and reimbursement for variance notification requirements.

Mayor Barrella opened the public hearing on the Strategic Recovery Planning Report.
Dave Cavagnaro, Point Pleasant Beach (PPB): asked where flapper valves and new pump fit into page 4 regarding flood management and reduction of tidal backflow - backflow has been going on for years; asked if there was any progress on getting pump that the Mayor was lobbying for with both the State and County; asked about page 6, “maximize recharge of storm water on site,” and if that meant getting it off the street as quickly as possible; asked about page 17 reference to dunes that have been repaired; asked about page 19 reference to acquisition of property for aquifer recharge area; asked about reference to dredging Silver Lake and installing a storm pump to mitigate flooding risk – great idea since every time it rains, it floods on Arnold and Central between Baltimore and Boston (State has funded eight pumps – answer according to Engineer is for the State to fund a ninth pump to drain 35 into Wills Hole instead of that Lake in a residential area – State has not been responsive to that request yet; Phase II goes into planning and reporting, gearing up for Phase III which is capital infrastructure repairs and improvements – Phase II is covered 100% by grant money – PPB has decided to move forward with all suggestions and asked for grant money for all of the recommendations); asked about recommended actions, on page 20, “to employ storm resistant strategies in all future municipal construction” and if that would apply to bath house/concession stand; asked about generator for Borough Hall on page 22; asked about references, on page 32, to potential funding sources and who can get compensation - 2nd homeowner in PPB who doesn't rent their property is not on the list – those who rent their properties and developers are on the list.
Discussion ensued regarding page 17 reference to dune being repaired. Consensus was that “Though dunes have been repaired” should be struck but “extensive damage to dunes also increased the Borough’s vulnerability to flooding and wave action. The fiscal impact on the Municipal Budget was significant.” should remain.
Motion by Councilman Vogel, to close the public hearing and adopt resolutions listed below, was seconded by Councilman Reid and carried by roll call vote.
CONSENT RESOLUTION 3:
a) Approval of the Strategic Recovery Planning Report with change on page 17 as noted above
b) Authorization to proceed with Phase II
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA

COMMITTEE REPORTS:

Councilman Reid: No weekend trash bags have been sold; spoke to several people with questions about Energy Aggregation Program - directed other questions to John Dunn at Commercial Utility Consultants (CUC) - invited questions tonight and will call anyone personally – there will be a public meeting on July 14th at 6:30 and CUC will send out another letter - big plus is the opt out at any time with no penalty (will automatically go back to JCP&L at end unless consortium authorizes another auction); contracts were signed on Friday for 1 Ocean Avenue - BA/CFO visited the buildings there and they are uninhabitable - disconnect letters went out - property will be raised and cleaned up; need to take action on people with low-hanging pants - will look into what Ocean City and Wildwood have done – time to get back to a dress code - enforcement is key; asked BA/CFO to report on water quality issue - a few parts of town had rust in their water (BA/CFO: met with DEP, Brick MUA and Borough Representatives - came up with quick and long term plans - Engineer recommended getting a temporary DEP permit to feed chemicals at our own plant as a quick fix - application was fast tracked - DEP representative stopped the authorization as he wanted the Borough to be more proactive on permanent repairs, not just chemicals - need scope and budget of what needs to be done – will take several years and funding - must convey to DEP that we are committed to moving forward so they will release the permit - asked DEP to reach out to W/S Superintendent Broyles to put together a plan to start exercising the valves - DEP wants PPB to provide commitment for infrastructure repairs, continued maintenance, etc., in writing) asked the BA/CFO to call a meeting (BA/CFO: will work with T&M to draft a letter which Council can review - can call a meeting after that; Councilman Vogel: perhaps our State representatives can intercede; Mayor Barrella: will call Cindy Randazzo tomorrow to set up a meeting to include Councilman Reid) - need someone from the Senate and Assembly to attend as well – Mr. Broyles can add the chemical; had conversation with Assistant Attorney General (AAG) Apy who gave assurances that this Council is doing everything right, on-time, with respect to dunes – for the record, this Council is supportive of dunes.

Councilman Cortes: Beautification has put new barrels downtown - County will still supply mulch, but it's been delayed; some decorative street lights were out on north side of Arnold – DPW Superintendent Trout reset the breakers - electrician will replace the breaker box; JCPL is reinstalling street lights on Boardwalk Plaza; Pleasure Park lights will be started tomorrow; will have wedding-caliber port-o-potties, which will be serviced daily, this weekend by District 2 Police substation – District 2 is done and looks nice; Borough Engineer Savacool will sketch a repair plan for Loughran Point - Army Corps will repair bulkhead there in late fall or early spring (BA/CFO: Army Corps is willing to reconstruct the Memorial with their crew if PPB reimburses the cost); confirmed that Sebring was at bathhouse/concession stand building twice last week - asked that Sebring be pushed for structural report.

Councilman Vogel: Recreation summer program started yesterday - thanked DPW for work on getting park ready; asked that rain date for Recreation bonfire and payment for park mulch be added to the agenda (Councilman Mayer: asked that State Local Cooperative Housing Program item be held for review by Construction Official); complimented Police Department (PD) for their efforts - reminded all to call PD regarding loud neighbors, etc. - can remain anonymous; wished all a Happy Fourth and Happy Birthday to Councilman Mayer; thanked Councilman Reid for his statement in support for the dunes.

Councilman Mayer: congratulated Councilman Vogel on his ‘Iron Man’ competition; have encouraged BA/CFO to move forward with 2015 budget – need to know what is affordable before starting contract negotiations with unions; started to investigate possibility of self-insurance vs State Health Benefits Program; have $9.75M in BAN's due August 8th; asked by Non-Resident Taxpayer’s Committee Chair to remind all that their annual meeting is July 12th, 10 AM, at Antrim School; asked that consent resolution 2/B be considered separately.

Councilman Toohey: didn't want dunes to become a political issue – AAG David Apy committed to an open public forum – gave kudos to Mayor Barrella for his letter; asked that Ocean Star contact him if his name is being mentioned in conjunction with something that is not a matter of public record; dunes are the most important issue facing PPB - in no uncertain terms, Council supports the project; met with Fire Chief and Mr. Pasola - explained the “Knox” box – would like input from business community - asked that NRTAC let Fire Company speak at meeting to gauge support before moving forward with ordinance (Councilman Reid: will also meet with Realtors; John Pasola, Assistant Fire Chief (AFC): wrote an ordinance which was adjusted from Lakewood – “Knox” box allows Fire Department entry without having to break down doors – Fire Official Mueller would enforce same and there would be penalties for non-compliance – Kingsbridge and most County facilities have it – been in contact with owners of old Antique Emporium and going to put one there - entry to box would be regulated by PD, with documentation on who is opening and closing the box; Councilman Reid: will speak with NRTAC); spoke about item 5/A – have a piece of apparatus that allows FD officers to rappel out of buildings (Councilman Vogel left the room) - 12 officers have never been trained on same and 26 officers need recertification – would provide training that hasn’t been done since 2010; Councilman Mayer: asked where it would be charged; AFC Pasola: haven't been certified/recertified in 4 years because budget has been cut drastically - explained how apparatus works and what they are looking to do – cannot pay for this and SCBA, hose, pump and ladder testing out of Chief’s budget; Councilman Mayer: asked why it wasn’t in Chief’s capital budget; BA/CFO: $4200 of the $7700 is for 12 ‘rappelling’ packets; AFC Pasola: am a certified State instructor and looking, going forward, to be able to train personnel in house - $7700 includes training for the trainer – 5 trainers will be trained; BA/CFO Riehl: asked if item could be held until July 15th so she could speak with Chief Fox; AFC Pasola: been waiting four years, it needs to get done; BA/CFO Riehl: cannot be covered by any old bond ordinances -there is a generic line item in the budget with $2K, which can be used on a first come, first served basis, if FD would be willing to work with her; doesn't know what the Fire Budgets are - his Captain's budget is pretty much gone; Mayor Barrella: asked BA/CFO about taking $5K out of the contingency line item of $20K to pay for it; Councilman Cortes: confirmed that the certifications are good for one year – confirmed that training would be in-house annually; AFC Pasola: expense would be about $350 for new firefighters; Mayor Barrella: asked if it was accurate to say that this wasn't done as part of the budget process and slipped through the cracks: AFC Pasola: it's been talked about - couldn't do it because budget has been cut so drastically).
Councilman Vogel: returned to the meeting in progress at 9:10 PM.

Mayor Barrella: received a call from Joseph Coronato, Ocean County Prosecutor, who advised that Mariner’s Cove fire investigation is nearing completion and results should be announced in a few days (Councilman Reid: asked when the building could be knocked down; Councilman Vogel: asked about building permits for 60 Channel Drive as work is being done);AAG was here today to approve the booth on the Boardwalk, which Council approved at last meeting - spoke with him about PPB issues; spoke to AAG Apy on Friday about dunes - things are moving along – should be in a position to take the next step at the first Council meeting in August - wants to be sure Council has what it needs to take that next step once the partnership agreements are signed (Councilman Mayer left the room at 9:16 PM and returned at 9:19 PM) - 2 largest businesses in town are opposed to having dunes constructed on their waterfront property – Council needs to be aware that the rest of the town wants dunes (Councilman Cortes: left the room at 9:18 PM and returned at 9:21 PM) – let’s move the project forward and get it done – would like authority to use eminent domain to get the dunes done on the August 5th agenda (Councilman Toohey: town will want to hear from the AAG; Attorney Riordan: there needs to be a public meeting and AAG Apy has offered to do it - Council should discuss offering voluntary easements before eminent domain) offered to parallel track voluntary easements with State’s eminent domain – offered to run it by AAG Apy first - see no problem with sending out those easement letters, once again (Councilman Vogel: asked if eminent domain discussion would qualify as an executive session item – suggested that Mr. Apy be invited to an upcoming meeting) asked he be invited to the next meeting on July 15th (Councilman Reid: he has already been invited).

Deputy Clerk Farrell added items to consent resolutions.

Business Administrator/Chief Financial Officer Riehl: reported earlier in the meeting.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)
BEGAN AT 9:32 PM.

Vince Castin, PPB: asked about resolutions 1/E and 1/C; asked Councilman Cortes about missing "No Dogs Allowed" signs on Boardwalk.
Dave Cavagnaro, PPB: regarding Engineer’s memo on “Windows in non-habitable spaces,” asked if area can be sheet rocked, taped and painted and if there can be electric, air-conditioning and heat; asked whether curb cut on Harvard Avenue was a move, new or double; asked how many cars/parking spaces would be involved in resolution 1/E; asked if resolution 1/I was a new event.

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

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)
ENDED AT 9:39 PM.

Motion by Councilman Vogel, to adopt resolutions listed below, was seconded by Councilman Reid and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Re-appointment of seasonal public works laborers (2)
b) Award of Seasonal Taxi Owner’s License to TJSM Beach Svcs, LLC/d.b.a. Bay Breeze Taxi
c) Authorization for BA/CFO to execute Declaration of Intent/DCA Unsafe Structures Demo
d) Authorization for NJ Environmental Federation to canvass throughout PPB, Jun-Jul 2014
e) AmeriCorps NCCC FEMA Corps request to clean Little Silver Lake & Inlet areas, 7/5/14, with
parking fee waiver 8:30AM-12:30PM
f) PO & Payment to State Treasurer for notary renewal ($25)
g) Authorization to advertise for replacement Communications Operator
h) Payroll #13 ($300,256.45)
i) S/E application for Jersey Shore Running Club relay through PPB, 4/8/15
j) Payment of insurance opt-outs ($13,591.94)
k) Payment to Motorola for police radios ($22,101.75)
l) Payment to This & That Uniforms for special officer uniforms ($21,010)
m) Social Affair Application – Chamber of Commerce Wine Garden, 9/20/14 (rain date 9/21)
n) Award of contract to Martin Ackley Assoc. for Boston Ave Hot Mix Asphalt Coring/Testing ($650)
o) Payment to Galvin Law Firm from BOA & Planning Bd escrow accounts ($3,856)
p) Payment to Denise Sweet from BOA & Planning Bd escrow accounts ($400)
q) Payment to T&M Assoc. from BOA, Planning Bd & Developer escrow accounts ($6,762.50)
r) Water/sewer bill adjustments (2)
s) Payment plan for unpaid 2013 water/sewer charges
t) Appointment of Armando Riccio as Special Labor Counsel at a rate of $120/hour for special
projects as assigned pursuant to the procedures required by N.J.S.A. 19:44A-20.5
u) Payment to Precision Door Service for removal/replacement of DPW doors ($17,127)
v) Payment to Park N Pool for bike racks at Maryland Ave. ($1,187.68)
w) Payment to Van Wickle Auto Supply for DPW auto parts ($750.57)
x) Payment to Hutchinson Plumbing for DPW fan motor & blade replacement ($884.95)
y) Payment to Taylor’s Towing for DPW vehicle tow ($542.50)
z) Payment to Hutchinson Plumbing for DPW service contract ($1,087.50)
aa) Appointment of Victoria Finelli as SLEO Class I
CONSENT RESOLUTION 2:
a) Computer-generated vouchers ($63,593.97)
b) Removed for separate consideration as Resolution 5
CONSENT RESOLUTION 4:
a) Curb cut request at 67 Harvard Avenue
b) Authorize BA/CFO to waive BOA application fee and reimburse applicant for variance notification
fees (not to exceed $250)
c) Add rain date of August 10th to previously approved Recreation S/E application for bonfire
d) Appointment of Recreation summer program personnel at salaries indicated
e) Payment to Jersey Mulch Products for mulch ($4050)
f) Authorization for Borough Attorney to discuss SRO contract with Board of Education Attorney –
Closed Session Item
VOTE: Council Members Cortes, Toohey….YEA
Council Members Reid, Vogel and Mayer (all items except those items in 2/A with which
they have a conflict)….YEA
Council Members Reid, Mayer and Toohey (Only those items in 2/A with which they have a
conflict)….Abstain

Councilman Vogel recused himself from discussion and vote on the following matter and left the room.
RESOLUTION 5 (P O to First Due Training & Safety Consultants for FD equipment and training - $7,701.14) was discussed.
Councilman Reid: voiced his concerns about giving the FD what they need, as it’s important – will train personnel to be able to re-certify others on an annual basis, which will save money going forward - asked BA/CFO Riehl if she could find the money; BA/CFO Riehl: would have to come out of contingency, which is for unplanned/unforeseen expenses - this will be a big hit to that fund - really the only choice if Council wishes to move forward with the purchase; Councilman Toohey: it's a huge liability to have apparatus with no training.
Motion by Councilman Reid, to approve P O to First Due Training and Safety Consultants for FD rappelling equipment and training in the amount of $7,701.14, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Toohey….YEA
Councilman Vogel returned to the meeting in progress.

Ordinance 2014-19 (Water/Sewer Bond) was considered on second reading. The public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2014-19 was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA

Ordinance 2014-20 (Multi-Purpose Bond) was considered on second reading. The public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Toohey to close the public hearing and adopt Ordinance 2014-20 was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Toohey….YEA
Council Member Vogel….Abstain

Ordinance 2014-22 (Handicap Parking Space - Randall Ave) was introduced on first reading. Motion by Councilman Vogel, to approve Ordinance 2014-22, was seconded by Councilman Cortes and carried by roll call vote. Public Hearing will be held on July 15, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 9:47 PM.

Dave Cavagnaro, PPB: thanked DPW, on behalf of Beautification, for hanging approximately 43 or 44 American flags on Broadway and Arnold and Ocean Avenues; expressed concern that some of his friends didn't receive the energy aggregation letter; asked about trailer at 212 Baltimore Avenue - accident waiting to happen; noticed a lot of garbage around town – DPW has been out vacuuming - asked about having Boardwalk businesses contribute to cost of clean-up.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:54 PM.

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

Meeting was adjourned at 9:55 PM.


TRANSCRIBED BY: __________________________________________
Maryann Ellsworth, Municipal Clerk


ATTEST: __________________________________________
Eileen Farrell, Deputy Clerk


Published July17, 2014 | Council Minutes | 1917


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