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September 02, 2014

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:32PM. Present were Mayor Barrella and Council Members Reid, Cortes and Mayer. Councilmen Gordon was absent. Councilmen Vogel arrived at 6:46PM during closed session and Councilman Toohey arrived in time for the regular meeting. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Attorney Riordan added the contractual matter to the closed session agenda. Motion by Councilman Cortes, to enter closed session to discuss 1 personnel matter, 2 potential litigation matters (ramp at the southern end of the Boardwalk and 10 Harvard Avenue) and 1 contractual (State PBA/Corporal Andreyev) matter was seconded by Councilman Reid and carried by roll call vote. The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
VOTE: Council Members Reid, Cortes, Mayer…..YEA

Closed Session began at 6:35PM and ended at 7:11PM.

Mayor Barrella called the regular meeting to order at 7:31PM. 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 Cortes, to approve the August 19, 2014 Council meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Vogel, Mayer, Toohey…YEA
Councilman Vogel…ABSTAIN

Department Head memos and correspondence were discussed. 120A Randall Avenue curb cut request was moved to the agenda as item 1/Z. Request to change Boro Code Chapter XV/Uniform Fire Safety Act was held until the September 16th Council meeting, per Borough Attorney and BA/CFO review – it was prompted by an unscheduled DCA visit.

Councilman Mayer: spoke about Open Space Committee’s recommendations for restroom, parking and recreation amenities at One Ocean Avenue – asked Attorney Riordan for summary of the history surrounding the One Ocean Avenue acquisition [Attorney Riordan: explained purchase price and appraisal – Point Pleasant Beach (PPB) appraisal for land, after Sandy, was $350K – assessed value for 2012 was $1.4M – offered $350K – bank’s appraisal was $480K – agreed on price of $435K – recommended purchasing the property, in order to acquire it, as it would be cheaper than condemnation; Councilman Vogel: asked for next steps – would like to do something more economical down the line; BA/CFO Riehl: first step is demolition of existing structure – have all utility disconnects – have contacted the contractor – hoping it is imminent, within the next 2 weeks – met with Engineer and Louis Berger representative on FEMA aspect – project worksheet combines Surf Taco, One Ocean Avenue, the old comfort station and miscellaneous buildings, equipment and vehicles – been trying for months to get Surf Taco and the comfort station carved out because they will need time extensions – have rough draft of bathroom placement – if we can demo the property, have plans drawn up and have everyone agree on a concept, can try to go out to bid early next year and commence with construction; Councilman Vogel: concerned about economics and aesthetics – asked if FEMA money is available – this is a flood-prone area, but there is a need for business there – asked what can be done to balance that] instructed Engineer Savacool to keep an eye on the FEMA reimbursement – understands we are allowed to reconstruct a similar-functioning facility across the street and are eligible for 90% reimbursement for that construction – have been discussions, including Engineer Savacool and CO Gardner, that it could be done as a flood-proof, not an elevated, building – asked status of Green Acres application (BA/CFO Riehl: they received our request for funding and we are in the queue – next step is to see if they will accept our appraisal or if they want us to use one of their Green Acres-approved appraisal companies; Councilman Reid: if we had to rebuild where it is now, in a V-Zone, would have to raise it 16' – that's the benefit to building across the street; Engineer Savacool: in V-Zone construction, the lowest horizontal member must be above V-Zone elevation, so it would have to be elevated significantly; Councilman Reid: would be very difficult for the handicapped and seniors to get up there).

Engineer Savacool: answered questions on recent flooding and reviewed Little Silver Lake drainage status – after the storm, sought several funding avenues to alleviate flooding and make things more resilient – met with DOT about accepting some responsibility for drainage into Little Silver Lake – a dead end – contacted county about partial funding, since county roads drain into it – County Engineer indicated they would be willing to fund work that would benefit County right-of-ways, up to about 35% – were steered toward EIT Program – EIT indicated the project falls within Barnegat Bay funding criteria – should be able to move forward in the next funding cycle – letters of intent are due next month, with anticipated construction towards end of 2015 (Councilman Reid: can’t work in that lake January-May because of flounder) it’s a winter flounder habitat, since it is inter-tidally connected, so there is generally a restriction (Councilman Vogel: need a place to put the dredge material and dewater it – Silver Lake parking lot) must preserve revenue resource, so would have to do it October 1-December 31 – must deal with sediments in the western portion, upon DEP review – would anticipate a 90-day time-frame – have modeled the lakes and ran various drainage impact scenarios – will provide report to the Governing Body (Councilman Mayer: asked about the time table for mitigation grants) have some emergency funding to remove material from the lake – that’s the first phase – hopes to accomplish it within their time frame, which is within the next couple of months (Councilman Mayer: some residents have asked him about developing a larger flood mitigation plan – asked Mr. Savacool to start tracking FEMA mitigation grant and thinking about that for funding; Councilman Toohey: asked, if pursuing a larger mitigation plan, where water would be pumping) PPB is a prehistoric extension of Barnegat Bay – some roads are below high tide elevation during moon tide and will continue to flood – nothing would limit tidal flooding, within confines of existing elevations, above Elevation 5 – during Sandy, Sea Avenue Pump Station was shut down because the water was too high to pump – beyond that, talking about providing minimum elevation of structures to keep the ocean at bay (Councilman Vogel: drainage area is vast, as Little Silver Lake and Lake of the Lillies are interconnected) unlike Lake of the Lillies, drainage area to Little Silver Lake is significant – its surrounding area is just over Elevation 2, so storm water tends to overflow into it (Councilman Toohey: asked if things like a tidal valve, lake dredging or inlet clearing, within the threshold, could have a positive impact on flooding) if we pull the stop logs out now, more water goes out, but more also comes back in – if we can limit what comes back in, perhaps we can start the lake at a lower elevation and provide more storage volume, giving a buffer during a storm – will review scenarios, but the expense of a pump station to handle the significant drainage doesn’t warrant the benefit (Councilman Vogel: we are blocking from Lake Louise, but there is flow back and forth from Lake of the Lillies – asked about interconnection between the lakes) drainage system goes down Baltimore Avenue – it’s an 18" pipe over several thousand feet – not a significant amount of flow that impacts either (Councilman Mayer: asked for more information on tide gate idea) a common scenario is a stop valve to allow storm water to flow one way – out of Little Silver Lake – would cut off tidal flow into it – not sure DEP would allow it because the water is brackish – it’s called a duck bill and is like a neoprene valve – they are installed in Lake Louise and other locations – have asked County to install them in a couple more – that will keep tidal flow but we wouldn’t get any flushing in Little Silver Lake, which is important because the water would get more stagnant – several manufacturers have a self-regulating tide gate, which stays open to allow water to flow out and back within a set tidal range – above that range, is a float mechanism that shuts it automatically – it’s a mechanically-operated valve that doesn’t require an operator (Councilman Mayer: asked, if the tide is up 1˝’, if it could be shut and if it’s a tight seal) yes – it would be located on the existing head wall at Lake Louise (Councilman Mayer: asked him for more background on drainage problems at Randall, Yale and Baltimore Avenues) flow into Lake Louise comes from 3 places – 1) Little Silver Lake/Boston Avenue, which has twin 36” pipes, 2) through an easement on Randall Avenue opposite Water Street, a low point and County-controlled system and 3) on Baltimore Avenue, opposite Yale Avenue, also County-controlled – mechanical, flat flapper valves control water from sloshing back up the pipe – County is going to enhance them to a duck bill or neoprene – hopes that will limit tidal flooding back onto Baltimore, Yale and Randall Avenues – understands the County has already installed one at the Inlet, adjacent to Yale Avenue, and will be doing the other one when they televise the pipe – they wanted "No Parking" on Randall Avenue, within 50’ of the area – because it has to be done at low tide, we deferred until after Labor Day – that’s through the County Engineering Office and the County Road Department (Councilman Mayer: asked if it was confirmed that Little Silver Lake was part of the Barnegat Bay) that’s what he was told – as is Twilight Lake – established because of the connection through Lake of the Lillies and the low-flow discharge to Twilight Lake.

COMMITTEE REPORTS:

Councilman Reid: No Report

Councilman Cortes: Beautification met last week – scarecrows will be set-up at the gazebo on October 18th – businesses will be decorating windows October 18th-25th, with prizes awarded on October 25th; Risden’s Building, Phase One, started with Sebring – have decided to go with Option 2/Barlo, to meet a more stringent timeline for submitting structural plans and designs, as Sebring was dragging their feet; community service volunteers are weeding Arnold Avenue; he, BA/CFO Riehl and CO Gardner sat in on an Unsafe Structure meeting, dealing with homes that could qualify for no-cost demolition funding through HUD – list goes to DEP, after which no houses can be added – they'll take care of all permitting – will do inspections September 5th-9th – they are not notifying property owners yet – once they determine a structure meets their guidelines, they will run with it – 42 homes are on the list for determination – will receive list of contractors and CO Gardner will get involved (BA/CFO Riehl: she let the police department know they will be wandering around, as the homes they are visiting will be vacant or unmitigated – they hope to start demo phase by spring).

Councilman Vogel: Recreation Committee recently had a fishing event at Inlet and a bonfire on the beach – working hard – outstanding group – commended them; spoke about item 1/Y – Leso 1033 Program, in which law enforcement personnel are given surplus military equipment – has been getting a lot of negative publicity lately – has saved taxpayers, who have already spent money for this equipment, millions of dollars – PPB has several vehicles used in inclement weather, for firefighting purposes and to put out cones – have saved our taxpayers thousands of dollars – great program – PPB gets reviewed every 2 years – State Police come in – we are among the top 2 agencies in the state – politicians with nothing better to do want to pander to their base – we get some weapons from this to use for training purposes, to avoid wear and tear on the weapons we purchased with municipal tax dollars – ridiculous that these politicians, a bunch of buffoons, are trying to make a name for themselves – even though we’ve been found compliant, we now have to spend time looking into this again – hopes the Governing Body will support the program – this is just more bureaucracy from Trenton and Washington; asked Chief O’Hara for reports on taxi ordinance, front lawn parking, overall summer season, and what needs to be modified going forward – officers did an outstanding job this summer – thanked the Police Department for all their efforts.

Councilman Mayer: asked Engineer Savacool about the GIS survey, which is completed (Engineer Savacool: it is related to the water infrastructure in town – prior to this, have had only a paper map showing valve and water main locations – we surveyed the locations and now they are all digitized – prepared a model, using existing information, of the water main infrastructure – found the major users and modeled it to see how the flow from the BTMUA distributes throughout the town – are prepared to make recommendations for potential capital improvements to the water system, addressing recent issues regarding water quality – received a temporary operating permit to insert additional corrosion inhibitors into the water system – will see if it has a positive effect over the next several months – BTMUA has modified their corrosion inhibitors into their entire system, as well – moving cautiously in the right direction) asked how the digitized valve locations can be seen (Engineer Savacool: via computer system/CD – can be utilized to provide data on individual valves or sections, in order to keep a more up-to-date map and maintenance program).

Councilman Toohey: last Thursday, had a meeting regarding the dunes – thanked Engineer Savacool, Mayor Barrella and Councilmen who could make it – Assistant Attorney General Apy and Kelly Staffieri with NJDEP were there – Council is committed to moving forward with Army Corps. proposed beach and dune project – while he is empathetic to the beachfront homeowners’ comments, we did have 1,800 homes flooded in PPB – dune project will absolutely not solve all flooding issues in PPB – would be difficult for him to tell residents on the other side of Ocean Avenue that we had a chance to do something and we didn’t – 77 homeowners will have easements on their properties as a result of the project and will be forced to grant public access to their properties – it’s a tough pill to swallow, but it's a necessary project – it was a difficult night – there were some pointed questions – will be even more pointed answers – that's been his focus these last few months.

Mayor Barrella: need to get this done and don't have a choice on how – it's a project to mitigate storm surge – would be insane not to take advantage of the Federal funding – if it cuts half the flooding, that’s a substantial monetary impact to the municipality, leaving aside the human effect – there were some very unhappy people there – thinks they were overreacting – doesn’t think people will walk ˝ mile to sit on someone’s particular patch of beach – suggested Attorney Riordan and Councilman Toohey and whoever else, discuss – it's a beach replenishment project to widen the beach – property lines will end at the mean high water mark – everything pumped in to make the beach wider will be state property and open to the public – Governing Body will need to address certain rules and regulations – AIG’s office has suggested a 2-tier approach – that those entities that charge a beach fee have latitude in setting rules and regulations that apply even to the state-owned portion – municipality needs to come in with consistent rules and regulations for everyone else, dealing with hours of use, sitting on dunes, alcohol consumption, smoking, noise, policing, state cleanup, etc. – should have first reading in place by October (Attorney Riordan: have a bunch of those regulations already on the books) suggested a draft by next meeting for public input; per Anne Lightburn, there are openings on the Shade Tree Commission – added appointments of Anne Lightburn and Wendy Roskowski to Consent Resolutions as item 1/aa; would like to sit with County Fire Officials Councilmen Toohey and Vogel and Attorney Riordan to brainstorm about what can be done to make our motels safer – can spread compliance over a couple of years – asked BA/CFO Riehl to set something up.

BA/CFO Riehl: No Report.

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

Eric Seaberg, PPB: asked the status of his curb cut request at 120A Randall Avenue.
Dave Cavagnaro, PPB: asked about Engineer Savacool’s report – about valve at Yale & Baltimore, maintenance schedule and what happens at the next full moon, heavy tide and no rain, if it still floods – asked about pump not being cost-effective and if it would help alleviate flooding – suggested Council consider pump station, going forward, even if it’s in a FEMA mitigation plan; regarding item 1/F – asked about timeline for report, what exactly is being considered and how you move forward with a design without a structural report – asked Council to wait until public has access to the report – asked if alternative property uses have been considered – asked if flood insurance on the Risden’s building is still projected to be $16K – last rent was $16K – would be expending money to create a structure that will start by breaking even and lose money at the first need of repair – suggested removing half of it and creating 17 parking spaces to provide $17K profit, with no maintenance, to offset flood insurance cost – take down the bathhouses and keep the restaurant – could get 10 more spaces on the existing lot, so that’s $27K more per year – asked if anyone has gone out to see if anyone is interested and at what type of rents/sq. ft. – with commercial property, people are interested in location, square footage and price – we know location and square footage, but not price (Attorney Riordan: price is bid) minimum bid is set by the Governing Body – taxpayers lose if you keep what’s there – it’s great for nostalgia and charm, but it’s a financial loss – doesn’t understand why no other options are being considered – we don’t own the beach in front of it and there is a larger working bathhouse and restaurant already nearby.
John Colvin, PPB: discussed flooding – both his cars were totaled – believes the finding that the lake is part of Barnegat Bay will open up a lot of funding – dredging it will help – asked if dredging Lake Louise has added to the detriment of Little Silver Lake – might need to block off Lake Louise and let the banks rise – water coming from uptown is now is in his front yard and garage – called Governor's office today, asking why PPB can't get any remediation funding – is owed a call back – understands we lost 2 police cars because they were sitting on streets that were flooded – asked about the Reverse 9-1-1 system and why residents didn't get a call that the streets were flooding – wants something done – if they had gotten a call, he and his neighbors might have been able to save their vehicles – Mayor should have been notified sooner, also.
Mr. Seaberg: asked if there was concern that sand went into the storm drains.
Vince Castin, PPB: asked the total cost of the project that Engineer Savacool described, for which PPB would get County funding; asked about item 1/R.


PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)
ENDED AT 8:46PM.

Motion by Councilman Mayer to approve items listed below was seconded by Councilman Reid and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Support an increase in allocation for the Shore Protection Fund
b) Approve ABC Social Affairs Permit application for Chamber Chowder Fest 10/18/14
c) Approve of request for Fire Companies and First Aid Squad to charge for parking in municipal lots during the Seafood Festival
d) Approve membership on Ocean Fire Co #1 (2)
e) Approve annual request for Jenkinson’s South to store rides in trailers
f) Appoint Barlo & Assoc to provide professional services for Phase II of Bath House renovations and authorize Boro Attorney to draft contract for same
g) Payment to Stavitsky & Assoc, t/a Burger King for tax appeal ($9722.54)
h) Release of detwatering bond - Fortunato ($200)
i) Release forfeited tree bonds ($650)
j) Release dumpster bond ($250)
k) Payroll #17 ($325,591)
l) Payment to Alaimo Group for Phase I environmental site assessment – 1 Ocean Ave ($3000)
m) Payment of annual allocation to PPB Parking Authority ($50,000)
n) Payment to Carman Dodge for 2013 Dodge Charger Pursuit thru State contract ($25,500)
o) Payment to SPS VAR LLC for renewal of annual service contracts ($3820)
p) Payment to State of NJ for employee health benefits ($126,414.87)
q) Banner Permit Application for St Peter School Craft Fair, 10/27 – 11/10
r) Payments to Best Uniforms for DPW uniforms ($8431.75)
s) Water/Sewer adjustments (2)
t) Payment to Riggins for diesel fuel thru Ocean County Co-Op
u) Payments to Galvin Law Firm from BOA and Planning Bd Accts ($2373.50)
v) Payments to T&M Assoc from escrow accts ($4739.50)
w) P O to Hertrich Fleet Services for 2015 Jeep Patriot for Bldg Dept thru State contract ($17,093)
x) Authorize BA/CFO to issue RFP for professional electric and plumbing services
y) Support for continuation of Leso 1033 Program which furnishes surplus equipment, such as storm rescue trucks, took, radio equipment and weapons, to police departments
z) Approval of curb cut request at 120A Randall Ave (Moved to agenda from Dept. Head Memos.)
aa) Appointment of Wendy Roskowski and Anne Lightburn to Shade Tree Commission (Moved to agenda from Mayor’s Report.)
CONSENT RESOLUTION 2:
a) P O to Fireflow Services for hose and pump testing ($4740.35)
b) Payment to Bauer Gen Systems for Ocean Fire Co #1 generator thru State contract ($17,661.20)
c) Payment to VALIC for Fire Dept length of service benefits ($47,000)
d) Payments of computer generated vouchers ($230,902.86)
VOTE: Councilmen Reid (all except items in 2/D, with which he has a conflict), Cortes, Vogel (all except 1/C, 1/D, 2/A, 2/B, 2/C & items in 2/D, with which he has a conflict), Mayer (all except items in 2/D, with which he has a conflict), Toohey...YEA
Councilman Reid* (items in 2/D, with which he has a conflict), Vogel* (1/C, 1/D, 2/A, 2/B, 2/C & items 2/D, with which he has a conflict), Mayer* (items in 2/D, with which he has a conflict…ABSTAIN
* Per Borough Attorney, assume usual abstentions.

Councilman Vogel stepped off the dais at 4:48PM, during discussion of Resolution 3, and returned after vote at 8:51PM
RESOLUTION 3: Authorization to advertise notice of intent to award contract to Absolute Fire Protection ($712,617)
Councilman Cortes: he held this at the last meeting because he had questions – appreciates what Fire Department does – his job, as an elected official, is to ask questions and make sure we get what we need for the best price – met with paid firefighters in Nutley, who had the exact same truck in service since 2009 and they answered a lot of his questions – also met with Board of Fire Officers, along with Councilmen Toohey & Gordon and more questions were answered – this is not a brand new truck, as reported in the papers, this is a replacement for a 20-year-old truck – what is new is a 50’ aerial device – is content and happy that this will be a good complement to the device that we have and, hopefully, an integral part – it’s the job of Council and future Councils to ask questions – must also follow the state statutes.
Motion by Councilman Cortes to approve Resolution 3 was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Mayer, Toohey…YEA
Councilman Vogel…RECUSE

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 8:51PM.

Dave Cavagnaro, PPB: complimented Pete and Mary Lynn Ritchings, Sharpe and Rachel Beaton, Tom Davis and Mike Corbally for weeding, along with himself; permanent front lawn parking delineations could solve current problem; at dune meeting, asked about having Boardwalk function as dune by covering with sand – not part of Army Corps. project, but is a vulnerability – asked Council to contact beach owners for assistance with that.

PUBLIC PARTICIPATION PERIOD ENDED AT 8:55PM.

Motion by Councilman Cortes to adjourn was seconded by Councilman Toohey and carried by consent of Council.

Meeting was adjourned at 8:56PM.



ATTEST: ____________________________________
Eileen Farrell, Deputy Municipal Clerk


Published September17, 2014 | Council Minutes | 1952


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