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August 19, 2014

Council Minutes

Council President Mayer called the regular meeting to order at 7:31 PM. Present were Council Members Reid, Cortes, Mayer, Gordon and Toohey. Mayor Barrella and Councilman Vogel were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Toohey, to approve the August 5, 2014 Council meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Toohey….YEA

Department Head memos were discussed with items moved to consent resolution for action; Councilman Mayer read email from Borough Engineer regarding last week’s flooding as there was some confusion between flooding and drainage issues: the Engineer received phone calls from Council Members as well as residents – “a 6 inch rainfall….a very heavy event, equating to somewhere around a 25 year storm…full moon tides which produces a higher high tide….the moon is at perigee which had a small effect….even if there was no rain last night, Boston and Arnold Avenue and Trenton Avenue at the bend would still be flooded due to the full moon tides. The high tide was above elevation 3 last night which puts all the inlets on Boston and the bend at Trenton under water. It appears the flood line from last night and this morning is between 4.5 to 5 feet. Note that around elevation 5 the bulkheads around Lake Louise are under water. Little Silver is about half the area of Lake of the Lillies but has almost twice the drainage area. In addition the elevations around Little Silver Lake are lower than around Lake of the Lillies so the end effect is that flooding is much more apparent around Little Silver as the lakes flood. Finally, while dredging the lake will have a positive effect on the aesthetics of the lake, the dredging will have no effect on the flooding issues. High tides achieve a water elevation and whether the basin area is deep or shallow does not affect the tide elevation. Similar to Lake Louise, just because the lake was deepened does not change the height of the tide. If the lake elevation could be lowered that would allow for additional storage capacity, however, the current lake elevation is around 1.0 foot which is within the typical tidal range of -2 to +2 so a lake lowering would have to coincide with a low tide event.”; BA/CFO Riehl: contractor is on hold at one Ocean Avenue - water was cut and capped - gas is off - waiting for JCP&L and contractor is standing by to start the demo process – have Engineer’s sketch of proposed restroom facilities – met with representatives from Open Space and will meet with Louis Berger representative about funding for restroom through FEMA


Councilman Reid: appreciate public’s involvement and their suggestions – Mrs. Dietz commented on weeds and cigarette butts in the downtown business area at the last meeting – subsequently, sat with Chamber Executive Board and this is something that has been bothering them for years – they are perplexed why store owners don't take care of the property in front of their stores – call was made to the County and PPB will get those that owe community service to work on the weeds and who will also paint graffiti at Harborhead.

Councilman Cortes: BA/CFO presented report on public property and grounds; people are trying to rebuild but must be cognizant that deliveries of lumber or stones cannot block a parking space; asked about Police SUV at All-Time (two police SUVs were impacted due to flooding - circumstances are under investigation).

Councilman Mayer: Finance Committee had conference call with Scott Davenport regarding self-insurance versus continued membership in the State Health Benefit Plan.

Councilman Gordon: thanked BA/CFO Riehl for expediting requirements for fire truck purchase; thanked APP and Carol Vacarro for article on number of business throughout town; live on Gowdy Avenue, which is the far western part of town, and car was flooded during last week’s flooding incident – rain came down so heavy that water got inside the car – it’s a town-wide issue and what happens in low lying areas that are surrounded by water.

Councilman Toohey: thanked BA/CFO Riehl for helping set-up meeting with Assistant Attorney General Apy, on 8/28 at 7:30 PM in Antrim auditorium, which will give residents update information on Army Corps Dune and Beach Replenishment Plan – working on getting individual notices out to affected property owners.

Business Administrator/Chief Financial Officer Riehl: will be escorting DCA representatives around town tomorrow to view homes that were deemed unsafe structures in order to expedite demolition grants.

Municipal Clerk Ellsworth added items to agenda.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)

John Colvin, Point Pleasant Beach (PPB): differ with Borough Engineer’s reports on flooding and dredging – lake has shrunk in depth 4 or 5 feet since 1994 – gentleman used to land a sea plane in that lake – you can walk across the lake now - only top portion of storm drain has water coming through it as the rest is covered with silt and sediment - if it can't get into the lake, it backs up in his driveway – had 14 inches of water in driveway and cars will be totaled - at least three people on that block of Trenton Avenue lost cars - asked what happened to the reverse 911 system - was told we would have to get the proper people out to survey situation before activating – his neighborhood was alerted and awakened by car alarm which was activated when water rose over the shift knob – watched news which said three inches of rain - have had two 25 year storms in two years – has happened five or six times in the last ten years - had two feet of water in the yard in 2004, which caused him to demolish and raise his home – must be some way to put 911 system into effect to warn residents - four police cars were on the road - first response was to block 35 and second to block Arnold Avenue – more police should have been mobilized - Trenton Avenue was not passable until after 4 PM – the lake had to have lost considerable capacity after Sandy – all that beach sand that wasn’t in the streets went into the lake – will call the Governor and legislators - need to do something about notifying residents when there is a problem.
Bob Malone, PPB: Central Avenue home was flooded – never had a drop of water in this house until 18 years ago - it comes into the house, every time, from Little Silver Lake – was above his knees in the center of the street - next door neighbors lost three cars.
Aleta Fedoruk-Weinstein, PPB: family has been here since 1964 - in last few years flooding on Parkway has been awful - family rebuilt after Sandy – she and 6 neighbors got water in their homes and lost cars again - asked if DPW cleaned sewers that are filled with garbage from boardwalk/beach people – asked what was done after Sandy – water used to go down, now it has no place to go – unacceptable to hear what can’t be done, something must be done.
Vincent Castin, PPB: eloquent speakers who are absolutely right - been here a long time and have seen the same thing - should be a huge wake-up call for the town, an insurance nightmare; asked about who owned property in front of stores (property owner owns it and town has sidewalk easement) and if town is responsible for sidewalk (no, as per N J Supreme Court); last Friday, they were painting “School Crossing” on Forman Avenue which caused a hazardous condition with traffic coming off Route 35.
Dave Cavagnaro, PPB: asked when the flapper valves were last cleaned at Lake Louise or Silver Lake; pump was removed from flood mitigation request and asked why (earlier version of EIT application might have had a pump in it - current version has a gate in it) - spoke with Emergency Management Coordinator and it was his recommendation that there be a pump at Lake Louise to draw the water from Silver Lake into Lake Louise and that the flapper valves be cleaned out every 6 months – suggested a meeting between engineer and EMC (Councilman Cortes; asked the BA/CFO to set up a meeting); there is no report from the Engineer on demolishing all 3 buildings at One Ocean Avenue – suggested residential renting of building with cinderblock foundation as revenue would be at least comparable to that of ‘Risden’s’ structure (Councilman Reid: walked through and it’s not livable anymore; BA/CFO Riehl: it was reported in appraiser’s report that there was substantial structural or flood damage in all three buildings and that best use would be to demolish and rebuild - walked through with Borough Engineer who said the potential to rehab was nil); asked if there were any new recommendations on the ‘Risden’s’ property and if the public would be able to see the documents on which Council is basing its decision (BA/CFO: structural report is still incomplete; Councilman Cortes: pursuing Phase II – Sebring not meeting their timeline).
John Colvin, PPB: last flooding incident was on recycling night and it was floating all over town – DPW, which sweeps Ocean Avenue every day, must pay special attention to these areas that flood as it will go into storm drains – water displacement problem caused by a lot of new building – at end of Little Silver Lake on Chicago Avenue, the cinderblock was laid three feet deep before the yard was backfilled - house is disbursing a lot of ground water and it’s going to go onto neighboring properties – have a retaining wall next to the driveway – don’t know how that was allowed.
Lee Kelly, PPB: FEMA is mandating no more crawl spaces – on reconstruction, crawl spaces are being filled-in and houses built right on ground level - some of those homes are 13-14 feet to the first floor.
Glen Paesano, PPB: asked if the sewers were checked after Sandy (done east of RR tracks - was about $36K - County did their roads) – asked if County checked storm pipe going into Little Silver Lake, as well – asked if Engineer had looked at the check valves under Boston Avenue - Mayor referenced gate in Little Silver Lake - if working properly should drain into Lake Louise, but had two low tides and the water was still sitting there – can’t stop Mother Nature but can do things to control it afterwards.

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

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)

Councilman Mayer: asked for update on item 1/b; BA/CFO Riehl: equipment was installed and corrosion inhibitor feed was started on July 31st – Brick Utilities is doing weekly sampling at three different areas throughout town at no additional charge – GIS system mapping is complete – working on water model which includes exercising of the valves throughout town; Councilman Mayer: camera project is also completed as per the Chief; Councilman Reid: asked Maryland Avenue resident in audience about water quality (appears acceptable now – every once in a while get a shot of brownish water – nothing like what it was); Councilman Cortes: asked if project in 1/Q was complete (yes).
Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Toohey and carried by roll call vote.
a) Payment to Utility Supply of America for water system corrosion equip ($3,094.26)
b) Payment to Custom Environmental Tech, Inc. for corrosion inhibitor ($4,205)
c) Payment to Petroleum Traders Corporation for gasoline ($22,620.83)
d) Payment to Denise Sweet from BOA & Planning Bd escrow accounts ($400)
e) Payment to NJ Business Systems for police wireless video security ($71,372.25)
f) Refund of dumpster bond to Neo Contracting ($250)
g) Payment to Interact for yearly mobile cop license renewal/maintenance ($5,913.16)
h) PO to CDW Computer Centers, Inc for police PAN TB CF3113-3120M ($12,960)
i) PO to Dell Computer Corp for police computer equipment ($5,558.34)
j) Payment to Riggins, Inc for diesel fuel ($9,859.45)
k) Payroll #16 ($339,521.45)
l) Award of seasonal taxi licenses to Above All Taxi and All Day Taxi
m) Payment to Ocean County Utilities for 3rd Quarter installment ($320,265)
n) PO to All Covered for computer server upgrade ($26,149.44)
o) Payment to CIT Finance & Law Offices for telephone lease agreement ($30,000)
p) Payment to Cambria Mack for repair to sanitation truck ($5,125.68)
q) Payment to Lasting Line Painting for parking stalls/crosswalks/curb painting ($25,000)
r) Appointment of Colette Betz to the seasonal position of Comfort Station Attendant
s) Payment to NJNG for gas service disconnection at 416 New York Ave ($1,359.17)
t) PO to Fire Security Technologies for panic button installation at Borough Hall ($2,300)
u) Water/Sewer adjustments (2)
v) Approval of Curb Cut Request at 153 Ocean Ave
w) Denial of Curb Cut Request at 154 Baltimore Ave
x) Amend Recreation Committee S/E application to add bonfire on 8/28/14
y) Appointment of replacement, seasonal comfort station attendant
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Toohey….YEA

Councilman Mayer: asked for any questions or comments on Consent Resolution 2.
Councilman Cortes: Yes, actually, number 2/B – I’d like to hold that pending a meeting with the Board of Fire Officers and Council Fire Committee.
Councilman Gordon: Why?
Councilman Cortes: Well, in our packet I was able to go through the 110-page spec report, which we didn’t have at the first meeting and I still have a few more questions, that’s all.
Councilman Gordon: Andy, you are questioning our professionals.
Councilman Cortes: That’s my job.
Councilman Gordon: We’ve gone over this – this has been in the works for months.
Councilman Cortes: That’s my job – it was my job.
Councilman Gordon: You know, part of your job is also to trust your professionals.
Councilman Cortes: I trust them, but I still have questions and I’m entitled to them.
Attorney Riordan: Excuse me gentlemen, I think what we have here is a motion to table – yes?
Councilman Mayer: Well, let’s just stay with it for a minute, ‘cause I know Andy has suggested – I think you’re suggesting – that the Fire Committee meet with the Board of Fire Commissioners?
Councilman Cortes: Right.
Councilman Mayer: And the Truck Committee to discuss it now.
Councilman Gordon: Anybody from the Fire Department here? Why don’t you ask your questions, Andy.
Councilman Cortes: No – I want to meet with the Board of Fire Officers and…
Councilman Gordon: The Board of Fire Officers, I’m telling you right now, has already approved this – they already signed a consent saying they had a unanimous approval on this.
Councilman Cortes: Right.
Councilman Gordon: And here you are, a Councilman - no offense, I happen to be one of those, too - and you’re questioning - first of all, it’s almost questioning their integrity on the decisions that they’re making – this, to me, is just another stalling tactic, for whatever reason, I do not understand, and I say we move forward.
Councilman Cortes: Councilman, it’s not a stalling tactic - when they presented this the first time, all I had was a brochure schematic of 2 pages - and I had my questions then - I just read a 110-page schematic and, I’ll be honest, it comes down to needs and wants - there’s a lot of the word “options” in here, quite a bit, and I’m just looking out for the taxpayers of the town - do we really need to spend $712,000 thousand on a truck or can we get a functional truck that they need for something a little less? I just have some questions.
Councilman Gordon: Well, the answer to that question is “of course you can get it less” - let’s take the tires off - you can get it for less.
Councilman Cortes: Oh stop.
Councilman Gordon: No, that’s the whole point, Andy.
Councilman Cortes: No, it’s not the point.
Councilman Gordon: That is the point.
Councilman Cortes: No, it’s not.
Councilman Gordon: These guys have gone over this thing with a fine tooth comb - they said these are the requirements that are in the best interest of this town - if you think they’re adding superfluous things, then you’re questioning their integrity.
Councilman Cortes: Typically, you get 3 quotes whenever, you know – again, when I was in private sector, you get 3 quotes - we didn’t - we got 1 cause they like going with E1 and I get it.
Councilman Mayer: Just - on the Fire Committee - Councilman Vogel? - You’re the chairman?
Councilman Gordon: Councilman Vogel cannot be on it.
Councilman Mayer: I understand – you’re on it Stephen – now would you mind, Tom, if Andy sat in.
Councilman Vogel: Who me?
Councilman Mayer: Yea.
Councilman Vogel: No
Councilman Gordon: Yea - I would mind, frankly, as the Chairman of that particular committee.
Councilman Cortes: That’s fine - I’ll make sure my questions get to Councilman Toohey and Councilman Reid.
Councilman Gordon: I would be fine with that.
Councilman Mayer: You object to Councilman Cortes.,.
Councilman Gordon: I do, frankly, I do - cause I think it’s just another grandstanding tactic right prior to an election cycle and (everyone talking over each other)
Councilman Cortes: I’m not up for election (everyone talking over each other)
Councilman Toohey: The gentleman has to vote on spending $700,000 - I think he deserves to get his questions answered in a different forum if he (?)
Councilman Gordon: You know something, where were…
Councilman Mayer: So, the Fire Committee endorses this?
Councilman Gordon: I’m one man on this Council and, in the words of our illustrious Mayor, you guys can do whatever you wanna do.
Councilman Mayer: good
Councilman Cortes: Thank you.
Councilman Mayer: Andy, I’d appreciate it if you would sit in on the committee discussion
Councilman Gordon: And I apologize to the members of our Volunteer Fire Department - I apologize to the Board of our Fire Officers - because of certain actions of members of this Council - it’s another stall tactic - I apologize.
Councilman Cortes: It’s not a stall tactic – I have questions I want answers and…
Councilman Gordon: Why don’t you pick up a phone and call somebody then – why do you wait before a Council meeting that you say “oh I’ve got some questions” – why didn’t you ask those questions 3 days ago?
Councilman Cortes: I got my packet on Friday and I read through it, ok (talking over each other)
Councilman Mayer: Have you read the specs.
Councilman Gordon: I have read the specs.
Councilman Mayer: But you have no questions.
Councilman Gordon: I trust – no, I have no questions - how many questions do you have Councilman?
Councilman Mayer: I haven’t read it – it’s 150 pages.
Councilman Gordon: It’s a lot.
Councilman Mayer: There’s nothing wrong with getting the Board of Fire Officers, the Truck Committee and the Fire Committee’s recommendations.
Councilman Gordon: Let’s bring it on - let’s just keep moving forward.
Councilman Reid: Alright – so, what are we doing Councilman?
Councilman Mayer: Do we have a motion - do we have a second?
Attorney Riordan: What motion do we have?
Councilman Gordon: I have a motion - I have a motion that we approve Consent Resolution 2.
Councilman Mayer: Is there a second?
Councilman Toohey: I’m gonnna second that.
Clerk Ellsworth: Councilman Reid
Councilman Reid: First off - we’re voting on a motion that Councilman Gordon has, but Councilman Cortes had a motion on the floor.
Councilman Gordon: No - he made no motion.
Attorney Riordan: My understanding of what Councilman Cortes was that he made a motion to table.
Councilman Gordon: No - you said something - he made no motion.
Attorney Riordan: What he said was, “I would like to hold this” – that’s a motion to table.
Councilman Gordon: He made no motion – I made a motion – it got seconded – we need to vote on that.
Councilman Mayer: I’ll make a motion to table – is there a second?
Councilman Gordon: You can’t – we already have something on the floor right now – isn’t that correct?
Councilman Reid: If you want to do that, that’s fine – no.
Attorney Riordan: Folks, what we have here is a motion by the presiding officer to table this – do we have a second to that motion?
Councilman Gordon: Did we have a motion prior to that?
Attorney Riordan: Councilman, I’m not going to argue with you – I’m going to tell you what the proper procedure is.
Councilman Gordon: I’m asking you a question – did we have a motion and a second – don’t we have to vote on that?
Councilman Mayer: Does the motion to table take…
Attorney Riordan: The motion to table takes precedence – it is not debatable and it gets voted on right away, assuming we get a second.
Councilman Gordon: So, that’s done after the fact that somebody makes a motion and it gets seconded – is that what you’re saying?
Attorney Riordan: Robert’s Rules of Order, Councilman – motion is to table.
Councilman Gordon: Yea, and I’m supposed to trust you, ok.
Councilman Mayer: Oh – I thought we trusted our professionals.
Attorney Riordan: I don’t think I’ll answer that.
Councilman Cortes: Yea, I thought we trusted our professionals – boy, what a hypocrite.
Councilman Mayer: Is it a second on the motion to table?
Councilman Reid: I’ll second.
Councilman Mayer: Thank you.
VOTE: Council Members Reid, Cortes, Mayer….YEA
Council Members Gordon, Toohey (no because I’m comfortable, but I believe the Councilman is not – should have the chance to hear him out)….NAY

Motion by Councilman Reid to approve Item 2/A (Payment to Brick Utilities for July bulk water usage -$153,718.60) was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid Cortes, Gordon, Toohey….YEA
Council Member Mayer….RECUSE

Motion by Councilman Cortes to approve Item 2/C (Payment of computer-generated vouchers - $1,676,299.37) was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Reid and Mayer (all items except those with which they have a conflict), Cortes, Gordon, Toohey….YEA
Council Members Reid and Mayer (items with which they have a conflict)….RECUSE


Dave Cavagnaro: thanked Mayor Barrella and Zoning/Code Enforcement Officer Petrillo for effecting container removal at 212 Baltimore Avenue; asked if anything had been done regarding Mayor’s suggestion at the last council meeting about questioning those receiving summons about where they had been drinking (Attorney Riordan: neither the Council nor the Mayor have authority to give that direction to the Chief); asked if Council has a problem with the ‘front lawn parking’ ordinance - difficult to get people to call and complain and ordinance is only enforceable upon complaint (Chief O'Hara: enforceable upon observance by Police or Code Officer but Police don't know which homes are seasonal rentals) – conversation with Code was that it was only enforceable upon complaint.


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

Meeting was adjourned at 8:54 PM.

ATTEST: ______________________________
Maryann Ellsworth, Municipal Clerk

Published September03, 2014 | Council Minutes | 1938

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