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January 7, 2014

Council Minutes

The Governing Body of the Borough of Point Pleasant Beach met at 6:37 PM with Council President Mayer and Council Members Reid, Cortes and Toohey present. Councilman Vogel arrived at 6:39 PM. Mayor Barrella and Councilman Gordon were absent. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Reid to enter closed session to discuss status of appraisal in connection with potential Borough acquisition of property, update on litigation involving Martell’s and various plaintiffs related to parking and bar closure, and discussion related to beach access to and for Maryland Avenue Beach and at other locations, was seconded by Councilman Cortes and carried by the following 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, Toohey….YEA

Closed session started at 6:39 PM and ended at 7:25 PM.

Council President Mayer called the regular meeting to order at 7:33 PM. Present were Council Members Reid, Cortes, Vogel and Toohey. Mayor Barrella and Councilman Gordon were absent. The Deputy Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Reid, to approve the minutes of the December 17, 2013 and January 1, 2014 Council Meetings, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Mayer….YEA
Council Members Vogel and Toohey (1/1/14 Minutes)….YEA
Council Members Vogel and Toohey (12/17/13 Minutes)….Abstain

Department Head Memos and Items listed for discussion were reviewed. Council President Mayer: received a letter in December from the Planning Board regarding the ‘Story’ ordinance and unintended consequences, at which point Ordinance 2013-38 was tabled – Councilman Cortes is the Planning Board liaison and the Board meets tomorrow night; Councilman Cortes: will be discussing what their concerns were and getting specifics on unintended consequences – asked that the BA/CFO get a list of last years’ applications with primary reason for variance; Council President Mayer: asked that Councilman Toohey convene a meeting of the ’Inspections, Licenses and Building Code’ Committee after the Planning Board meeting to discuss this ordinance with both the Committee and Construction and Zoning Officials and provide recommendations on the Ordinance at the next Council meeting; Councilman Toohey: asked if it impacts maximum height restrictions, as it’s currently written; Council President Mayer: suggested that the Borough Engineer’s opinion be solicited as well.
Council President Mayer: Ordinance 2013-44 was adopted in December and there was some email traffic last week between the Municipal Clerk and Borough Attorney about statutory provision for awarding the 2 seasonal licenses and the bidding of same – concerned that taxi ordinance provides for 3 annual and 2 seasonal licenses – doesn’t know who the 3 license holders are and would like Council to be apprised of same – not sure 2 seasonal licenses are sufficient – doesn't know amount of annual fees – directed ’Inspections, Licenses & Building Code’ and ‘Police’ Committees to gather information – Police Chief has had input on the ordinance – concern is that there will not be enough taxis for crowds during summer Boardwalk bar closings; Councilman Reid: have been discussions on how many is sufficient – important to regulate them; Attorney Gertner: policy determination is needed – did some quick research today – for example, Newark had 600 licenses (medallions) from 1966 to 2010 – when they passed the new statute that allowed this bidding process, they sold new medallions for $330K apiece, which raised $16.5M – there is a safety concern, balanced against a revenue potential – licenses have a value here because, like Newark airport, PPB has a potential ready market in the summer – don't want to pin the number as too few on the initial bid so that, at some point, you dilute the value by adding more licenses – safety issue has been bouncing around so long that we have to move forward; Councilman Vogel: also need to talk about existing taxi pick up spots and enforcement – might be cheaper for owners not to comply and get a ticket – enforcement is important, as well as safety and quality of life; Council President Mayer: safety is what drove the ordinance amendment, condition of cars and who is driving; Councilman Reid: main concern was safety – many cars and trucks with bald tires – should take our time and discuss; Attorney Gertner: looked at Belmar and Manasquan – our ordinance is modeled after 2010 Manasquan Ordinance, which provided for a bid process – don’t know if their medallion values came in anywhere near what they would be worth here; Council President Mayer: PPB has very unique demographics and situations; Councilman Vogel: should reach out to Sea Girt, too.
Council President Mayer: discussed amendments to ‘front lawn parking’ ordinance – genesis was resident complaints of multiple cars parked on lots in town outside of the designated parking areas – received an email, last summer, about 14-16 cars parked on one lot on Arnold Avenue – ordinance was drafted by Attorney Gertner – thanked Captain Dikun for his comments – seems like we can't ticket people for parking on the front lawn, unless the parking area is delineated; Chief O’Hara: that’s been the biggest problem for years; Councilman Toohey: spoke with Code Enforcement/Zoning Officer (CEO/ZO) about attaching a delineated driveway requirement to new COs – at some point, the CEO/ZO will have to determine what a delineated driveway is – she will reach out to her colleagues in other municipalities – question is how we want her to do it, prior to the CO, thereby giving some guidance to the Police or, on the enforcement end, by knocking on doors – spirit of the ordinance is to be able to have our police officers ticket the cars; Councilman Reid: asked Chief for his input on tickets (summons); Chief O’Hara: want it to be a Motor Vehicle summons not a Borough Ordinance summons, which has to be served on the vehicle operator, who is not usually there – that, coupled with driveways that are not clearly marked, are the two biggest issues; Councilman Reid: sometimes people know the rules and won't come to the door so they don't have to accept the summons – want to be able to ticket the car – would like Borough Attorney to further discuss with the Chief and have something for introduction at the next meeting; Councilman Vogel: Police and Code Enforcement should talk it through so Council can have their best practices recommendations incorporated into the Ordinance structure; Councilman Toohey: floated the idea, but new COs don’t clear up all the gray area – not addressing existing year-round residences that may have the same issue – best people to hash it out would be building and police departments; Councilman Vogel: suggested reaching out to the real estate community – suggested Councilman Reid, as liaison to Chamber, should draft a letter in order to get the word out.
Council President Mayer: background check ordinance has been kicked around for a while – our insurer MEL/JIF has asked for it – Attorney Gertner took a policy from MEL and is working on it – there is an expanded policy from NJLM – would like some more information on what the Board of Education and Little League are doing – doesn't know the cost – private company doing the fingerprinting and the State Police are involved – has seen a fee structure but it doesn’t provide all the answers; Chief O’Hara: some fees are as low as $28 for volunteers – can go up to $70, depending on person's occupation or position; Councilman Reid: asked what the police currently do for recreation department; Chief O’Hara: can only do a local record check – fees are set by State police; Councilman Cortes: worked for a school in Asbury and had to pay $60; Councilman Reid: town would pay for volunteer coaches for Recreation – would need a list; Council President Mayer: need a committee to take responsibility – assigned it to Personnel – Recreation should take a look at it too, as the primary driver with the most volunteers – there are some language clean-up issues – do we need to do it every three years – who’s covered – need to have an idea on the finance side; Councilman Reid: any volunteer or manager position that town oversees should be fingerprinted once – need a list of new coaches and managers, every year, to do that; Chief O’Hara: if you break employment, must be re-fingerprinted; Councilman Cortes: asked about seasonal basketball coach; Chief O’Hara: recreation volunteer from one calendar year to the next would be continuous; Councilman Toohey: that is the way Boards of Education work – investigating if reciprocal opportunity exists between municipalities and Boards of Education – for example, would a current school teacher have to be re-fingerprinted.
Council President Mayer: last item for discussion was the Borough Engineer regarding Beach Access Improvement – suggested it be carried, as have been discussing the legal access issue – would like to get that resolved and make some decisions at the next meeting.


Councilman Reid: No Report – reaching out to Chamber to discuss their year – emailed Kitty Stillufsen about meeting with Shade Tree Commission; also reached out to DPW and Water/Sewer Superintendents.

Councilman Cortes: now liaison to ‘Public Property, Buildings and Grounds’ – been going up to the Boardwalk the last couple of weeks – as of today, pilings are set – on target for 3/27 completion date, as per the Borough Engineer; liaison to Beautification which will meet at the end of the month; on Planning Board with first meeting tomorrow night; still working with Clerk and BA/CFO on ‘Buy a Board/Buy a Plaque’ program – ironing out some details – may go with mounted plaques instead of engraving the boards.

Councilman Vogel: liaison to Police Department – continue to do an outstanding job – Police and OEM are critical for our community – working to set up meetings; newly formed ‘Human Resources and Personnel’ Committee is looking at employee staffing – working with Administrator to get a better picture of what everyone does and what our needs are – some changes coming up with retirements and need to have the right people getting the training they need and things set-up for succession planning; ‘Inspection, Building, Construction’ Committee is looking at land use ordinances and height measurements – different ways to measure heights and different views as to what 35' is – spoke with Borough Engineer and he can come up with drawings to show what different elevation measurements are – some land use laws measure off mean roof height, some measure from curb to peak of roof, others measure from the grade of the lot – as we start to tackle some of the many land use regulations that we’re faced with, especially with the new height restrictions, it would be in the Governing Body’s best interests, as well as our residents’, land use boards’ and property owners’, to see what we’re really talking about – would like Engineer to provide drawings on RC and SF-5, both in and out of the flood zones. Motion by Councilman Vogel to authorize Engineer to prepare those drawings, for an amount not to exceed $1500, was seconded by Councilman Reid. Council President Mayer directed that this item be added to consent resolution.

Councilman Mayer: Finance Committee warming up – CFO Riehl is rolling over the books from 2013 to 2014 – must know how 2013 ended before starting 2014 – been pressing her for a draft budget – hoping to meet on either the 16th or 17th.

Councilman Toohey: as chair of ‘Inspection/Licenses/Building Code’ Committee, spoke with Elaine & Karen this morning – more like introductions & getting his feet wet in that department – been extremely busy in that office since the storm – had questions for Elaine about front lawn & story ordinances – will convene committee meeting before the 21st and will, hopefully, have some recommendations for the Governing Body; liaison to Environmental Commission & Open Space Committee – had opportunity to attend Open Space meeting prior to being sworn into office; looking forward to working with everyone.

Attorney Gertner: reminded all that we are up for Master Plan review – will choose planner – will have opportunity not only to look at all these individual issues but at building on a global basis, as well – will have to budget for it.

Business Administrator/Chief Financial Officer (BA/CFO) Riehl: rebidding Boston Avenue project next Wednesday – will have recommendation for award on the 17th; have received budgets from Department Heads – currently putting together a draft budget; JCP&L will be doing their annual tree maintenance throughout town in the next few weeks, through Aspen and Falkingburg (Councilman Reid: asked if those professionals should meet with Shade Tree Committee first; Attorney Gertner: yes; Councilman Reid: asked BA/CFO to schedule meeting with Shade Tree and those professionals before start of project).

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) BEGAN AT 8:05 PM

Scott Simmons, Point Pleasant Beach (PPB): house is gone – he and his wife came to meeting to listen to discussion on definition of story and lobby for action – his building permit is tied up because of the definition of story and that is his only variance issue – meets the 35-foot height and all set-backs – been told he can’t be heard for variance until March or April – looking to build 2-story colonial with foundation/garage underneath, to be used for vehicle parking and light storage – under current code, it's considered 3 stories – in ABFE 11 zone, according to the January plan, so have to go to 12 feet and are asking to go to 14.5 feet – imposition to them and the Board of Adjustment (Councilman Vogel: similar circumstance affecting home on Carter Avenue) house has the same footprint (Councilman Cortes: will seek answers from Planning Board to define ‘unintended consequences’ – passed State model ordinance last March, which defines story – trying to bring it in line with that – hopes to introduce at next Council meeting – would like to get people up as high as they can out of the flood zone, to avoid another disaster) have been advised that the State DCA code already defines story as to what you’re proposing.
Joseph Lipman, PPB: welcomed new Council Members and wished all Happy New Year; requested that recyclable removal day be rescheduled from Wednesday – hardship for those who leave at the end of the weekend – suggested cutting Saturday hours to noon and opening Sunday 9AM-12 Noon (Councilman Reid: the ‘Sanitation & Recycling’ Committee will look into).
Dave Cavagnaro, PPB: wished all Happy New Year; welcomed new Council Members; thanked Council for executive session details; spoke about front lawn parking – curb cut doesn't constitute a driveway – must be delineated; spoke about story ordinance – in speaking with Mr. Gardner, whatever the town does with the ordinance, the State requires greater construction requirements if a garage has a certain height, making the cost greater; asked Council about their objections to the special event ordinance which is being repealed (Councilman Reid: way it’s written, the $2K fee can affect many charitable organizations in town, such as the Elks Lodge and Cooks Tour) asked about adjusting the fee schedule (Councilman Reid: we may).
Vince Castin, PPB: wished all a Happy, Healthy New Year; welcomed Council Members Vogel and Toohey; asked about status of dune situation (Councilman Toohey: has meeting scheduled with William Dixon, from DEP, who is in charge of how the dunes are moving forward – plans are available for our municipality – thought it prudent to bring Engineer Savacool with him on Thursday – concerned about timeline and scope of project – starting in late spring, just before busy season – will get more definitive answers – has questions and concerns about the Inlet – starting to see shoaling due to pumping in Monmouth County – wants to know if there is a contingent plan for keeping the Inlet open); last 2 Wednesdays were holidays and therefor no recycling pick-up in D3 (Councilman Mayer: can always take it to DPW – have Monday recycling in his district and there are many more Monday holidays) not going to DPW – it's their job to pick it up; snow removal ordinance is unenforceable (Councilman Reid: neighbors can call police; spoke with Senator's office and still working on date for himself, Mr. Castin and Borough Engineer to meet with Senator Holfzapfel and the DEP Commissioner about Little Silver Lake – Commissioner has not firmly committed to a date).
Marilyn Burke, PPB: welcomed Council Members Vogel and Toohey – asked them to remember concerns of those who elected them; suggested handbook for all boards/committees, so members know what is expected of them; in concert with Mr. Castin's remarks on snow removal – 12 hours after last snowflake is not enough – asked about the penalty because it’s almost impossible to do with a large piece of property and no snow blower.
Damon Mason, Neptune, NJ: been a taxi driver since 2008, mainly in Belmar area – has dream of starting his own cab business and this would be a good opportunity – asked when he should check back (Council President Mayer: hopes to have a schedule to advertise by next meeting – asked if he has been at the 2 AM Boardwalk closing and seen the # of cabs) Belmar charges $125/year for every drivers’ license and an initial fee of $300 for owner’s license with a $300 annual renewal fee (Chief O’Hara: each company must have a license and all drivers must be licensed as well; Councilman Toohey: asked how bid process is advertised; Attorney Gertner: published and on web site; Council President Mayer: asked to have RFP when it’s available).
Robert Rogers, PPB: spoke about dune replenishment project – became aware of Ordinance 2013-42 a few days ago – asked if there was a public hearing (Council President Mayer: yes, it was adopted after the public hearing – abstained due to his firm’s involvement with State – surprisingly light public comment; Councilman Reid: were two different meetings at the Antrim school also) attended one – oceanfront property owner and PPB resident for 35 years – asked how ordinances are advertised, through website (Council President Mayer: Council meeting schedule is listed on website and calendar – agendas are on website – new ordinances are put on website once they are introduced, and published in the “Ocean Star;” Councilman Vogel: process for ordinance passage is that’s it’s introduced at one meeting, then notice is given – takes two meetings for anything to pass – can comment at any time, but public hearing and vote is at second meeting after publication) asked when agendas are available (Deputy Clerk Farrell: normally posted the Friday before the Council meetings – if you look under Ordinances, can view them after introduction and it will notice when they are on for second reading/public hearing – also shows when they are adopted – can call with any problems navigating the website; Council President Mayer: asked, if Ordinance 2014-01 was passed tonight, when it would be on the website; Deputy Clerk: tomorrow, and would be published in Friday’s “Ocean Star”) dune issue is black and white – State asked for ability to put sand on privately-owned beaches – document sent to residents is several pages of legalese, asking owners to sign away their property rights – allows State to do whatever they want, determining how much sand, where and how wide – private property now, but after they are done, giving rights to all to enter at any time – still have to pay taxes and insurance on property that anyone can utilize – there were no answers at the Antrim meeting, all double talk – compared his property to Council Members’ back yards (Councilman Reid: thanked Mr. Rogers for his comments – asked him to keep his eye on the town website, because this issue is not going away; Attorney Gertner: the State is well aware of Council's disappointment that it doesn't recognize the unique circumstances of PPB – correct assertion that it is the State’s position that the sand it puts on private property will become public property and, therefore, there must be public access to that public property – that’s the conundrum the town is in) State is aware, but doesn’t care (Council President Mayer: Council is very sympathetic and aware of concerns – have not had a lot of direction – tough public issues – not in our control either, although we’ll have some action on it – State is pushing the issue).
Mr. Lipman, PPB: oceanfront homeowner, as well – doesn't make sense – if the answer was as easy as building a sea wall, why does Sea Bright flood – if you block the water, it will just come around the wall – engineer should be questioned and DEP held accountable – what if it doesn’t work – we don’t have the same problem Sea Bright does, only on a hundred year storm (Council President Mayer: we have seen the ocean come and go and are aware that dunes may not last forever) asked if next step, since passage of ordinance, is to start looking at the value of the property (Council President Mayer: expect that’s where the State will go – may be some cost and action on our part, but the State has not given us real clarity on the issue).

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

PUBLIC PARTICIPATION (Non-Agenda Items, First Reading of
Ordinances and Resolutions) ENDED AT 8:52 PM

Council President Mayer: asked for clarification on item 1/B, hiring procedures of part-time clerk in Court office (BA/CFO Riehl: always had part-time clerk – the three that they had either went back to school or got other jobs – court asked for authorization to advertise and Council provided same – position was advertised and resumes received – in addition to those received in the mail, Court asked for applications of those who had applied for any part-time clerical jobs within the Borough – four applicants were selected for interviews and interviewed – the applicant recommended had experience in municipal court activities and proved to be the best candidate; Councilman Reid: received a complaint from someone who said they came to Borough Hall and the person who was supposed to receive the resume wasn’t here, and when that person came back, they were told it was too late; BA/CFO: we weren’t closed, unless they came after hours; Councilman Reid: will get more information) have been assured that there is a need to hire today; asked that item 1/G, employee handbook, be held as nepotism/background check changes affect it; Councilman Reid: asked to hold item 2/B as it might come back and haunt us if we don't do things right (Councilman Vogel: asked about doing this per diem – seems to be confusion on the process for accepting applications; BA/CFO Riehl: so many different stories, recommended it be held until she gets the full story – would be unfair to hire someone for 5 days); Council President Mayer: spoke regarding meeting protocol, item 1/J – spoke with Clerk Ellsworth regarding importance of having minutes by next meeting to keep continuity, although realize there are times it will not be possible – also tweaked 1st public participation period for agenda items and ordinances on first reading only, with last public hearing being for any items – idea is to get Council business done first – back to format that any Council Member can submit an agenda item to the Clerk up to 5 days before the meeting – after that, it reverts to only the Mayor and Council President – there are a few other minor tweaks; Deputy Clerk Farrell added item 1/K, with input from Borough Attorney and Councilman Vogel (Councilman Toohey: intention is to clean it up in regards to land use issues; Councilman Vogel: the ‘story’ ordinance will continue to move forward to address some of the challenges people are facing, especially those in the flood zone – when flood zones changed in 2000, concern was on grading and drainage – Master Plan review is due, but it comes back to the Governing Body to pass the land use laws – with slope and topography of the town, those close to the lake are down lower and need to be elevated – those at the edges, are a little higher and shortchanged to a degree, if measuring from the curb as opposed to the actual grade where the dwelling is being built) relates somewhat to Councilman Cortes’ request for summary of BOA cases, what variances have been granted repeatedly – looking for a more condensed, generic version of the BOA annual report.
Motion by Councilman Toohey, to adopt resolutions covering items listed below, was seconded by Councilman Vogel and carried by the following roll call vote.
a) Payment to State Health Benefits for employee health benefits ($127,354.74)
b) HELD (Appointment of Taylah Coppotelli as temporary P/T clerk in the Court office)
c) Approval of Payroll #26 ($249,244.26)
d) Payments to Denise Sweet & Assoc. from 2 Planning Bd & 4 BOA escrow accounts ($600)
e) Payments to Galvin Law Firm from 1 Planning Bd & 10 BOA accounts ($1162.50)
f) Retroactive appointments of Elizabeth Boetteger & Nicole Larsen as temp clerks in Court office
g) HELD (Adoption of updated employee handbook)
h) Cumulative change order #1 to Bird Construction for Boardwalk Reconstruction – Contract A
i) Cumulative change order #1 to Bird Construction for Boardwalk Reconstruction – Contract B ($2,691.50)
j) Approval of Meeting Protocol Policy
k) Authorize Borough Engineer to provide sketches to illustrate height allowances in different zones based on differing land use regulations (not to exceed $1500)
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA

Ordinance 2014-01 (Repeal Ordinances 2013-47 thru 2013-50) was introduced on first reading. Council President Mayer: deals with December’s lame duck sessions and special event, nepotism, non-referral and rescission of meeting protocol ordinances. (As per the Borough Attorney, there is no need for the Clerk to read the ordinance into the record on 1st reading).
Motion by Councilman Reid, to approve Ordinance 2014-01 on first reading, was seconded by Councilman Mayer and carried by the following roll call vote. Public Hearing will be held on January 21, 2014.
VOTE: Council Members Reid, Cortes, Mayer, Toohey* ….YEA
Council Member Vogel…..Abstain
*Councilman Toohey: pretty clear, sitting in the audience, that the nepotism ordinance was politically motivated – by definition of the word nepotism, this ordinance was an overreach – also flies in the face of a free and open process.

Ordinance 2014-02 (Amendment to Nepotism Ordinance) was introduced on first reading. Council President Mayer: in 2004, a pure nepotism ordinance was adopted that basically said that we, as a Governing Body, cannot hire our relatives – in 2005, added a prohibition on employment of persons with political affiliations, club presidents – some suspect that violates the Constitution; Councilman Toohey: hit the nail right on the head – there’s a body of case law, both from the United States and New Jersey supreme courts, that indicates denying people employment based on political activity is illegal.
Motion by Councilman Reid, to approve Ordinance 2014-02 on first reading, was seconded by Councilman Cortes and carried by the following roll call vote. Public Hearing will be held on January 21, 2014.
VOTE: Council Members Reid, Cortes, Mayer, Toohey ….YEA
Council Member Vogel…..Abstain

Ordinance 2014-03 (Meeting Procedures) was introduced on first reading. Council President Mayer: would re-instate the meeting protocol ordinance.
Motion by Councilman Vogel, to approve Ordinance 2014-03 on first reading, was seconded by Councilman Reid and carried by the following roll call vote. Public Hearing will be held on January 21, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey ….YEA


Dave Cavagnaro, PPB: clarified that protocol limits first public participation to agenda matters – understand the reasoning, but remembers arguments from those forced to sit through an entire meeting, if they had an issue; asked about time limitation and who would be the time keeper (Borough Attorney); if anyone doesn’t know what the Council has been doing in the past year regarding ordinances, the minutes are online.
Robert Rogers, PPB: asked when minutes are published online (Council President Mayer: goal is to have minutes approved at the next meeting – been doing very good – minutes from January 1st were approved at this meeting and should be online tomorrow; Deputy Clerk Farrell: can get a CD before that) asked if they could be published sooner (Attorney Gertner: not until the Council has an opportunity to review and approve them – this Council does something not all do – there is a tape of the meeting – can come in and listen to it or obtain a copy) asked why they need to be approved (summary of what occurred at the meeting, not verbatim).


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

The meeting was adjourned at 9:14 PM

TRANSCRIBED BY: _____________________________________
Maryann Ellsworth, Municipal Clerk

ATTEST: ______________________________________
Eileen Farrell, Deputy Municipal Clerk

Published January30, 2014 | Council Minutes | 1773

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