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April 1, 2014

Council Minutes

Mayor Barrella called the regular meeting to order at 6:33PM. Present were Council Members Reid, Cortes, Vogel, Mayer, Gordon and Toohey. 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 attorney-client matters regarding (1) possible solutions to settle title issue on Borough-owned flag lot – Block 10/Lot 10; and (2) Attorney-Client Privilege matter – Ippolito-v-PPB, was seconded by Councilman Cortes 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, Vogel, Mayer, Gordon, Toohey …..YEA

Closed Session began at 6:35PM and ended at 6:53PM.

Mayor Barrella called the regular meeting to order at 7:30PM. Present were Council Members Reid, Cortes, Vogel, Mayer Gordon and Toohey. The Deputy Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mayer, to approve March 4, 2014 Council meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

John Jackson, Esq., on behalf Mr. Matteis, owner of Boardwalk Buggy: BOA granted approval to host vehicles in Offshore parking lot – were unanimous in support of concept – BOA conditioned that it get Council approval – low speed, electric, DOT compliant vehicles operating seasonally – free rides, with advertising on vehicles as source of revenue – will work out drop-off/pick-up safety issues with Police Department – would agree to using only member business parking lots for same – not a taxi cab, as no associated fare – PPB does not prohibit low speed vehicles, as allowed on roadways that are 35mph or below – only road with higher speed limit in PPB is a section of Route 35 – buggies cannot leave town – can direct people to cab companies for that – would be willing to do a one-year trial.
Mr. Matteis, owner of Boardwalk Buggy: would operate similar to company called Free Ride in the Hamptons, Palm Beach and Santa Monica – will work with Chamber of Commerce – if flagged down, would pull-over to a safe place, parking space or driveway – concept has exploded around the country right now and is popping up in many local shore towns - drivers become ambassadors for PPB – AARP did a public safety study, has all the safety standards of a smart car – will have doors and seatbelts – has everything that a car has – will shut down by 10PM – going after families, not the drinking crowd – BOA conditioned no operation beyond 10:30PM – have some national advertising and will work with Chamber on advertising local business and on limits of liquor advertising – will look toward family-oriented sponsors.
Councilman Reid: concerned with competition with taxi companies (typical ride is under ¼ mile – cabs won’t do less than a miles); Mayor Barrella: concerned about safety of slow moving vehicle with people looking for parking – cab cruising is prohibited – buggy shouldn't be flagged down – would have to pick-up people on private property – unless Council is willing to let them use a taxi stand – suggested that Councilman Vogel meet with the Chamber and come back with routes to be approved; Councilman Gordon: can argue all these issues but won't know ramifications without a trial – it provides a service and is worth a shot; Councilman Vogel: was a trolley service at one time with a set route, which is more palatable; Attorney Riordan: BOA said it requires an ordinance; Attorney Jackson: was listed as a condition, but resolution has not been memorialized – spoke with BOA Attorney Galvin – they meant Council approval, based on the erroneously thought that PPB had a low speed vehicle ordinance – if not prohibited, ordinance is not required – resolution can be modified by BOA; Mayor Barrella: if Mr. Matteis came back with plan at next meeting, ordinance could be introduced on May 6th and approved on May 20th; Mr. Matteis: it's about a 60-day lead time – would miss the July 4th weekend, which advertisers would not like – suggested ordinance introduction on April 15th; Councilman Mayer: asked if main purpose of business is mobile advertising or transportation (mobile advertising) –interested in running the first year without passengers; Councilman Toohey: have a long history of supporting local business like the taxis – not sure this will not help them; Councilman Vogel: would like background checks on drivers (would do so); Attorney Riordan: asked if Mayor wanted a draft ordinance for introduction on April 15th; Mayor Barrella: can be done by title only on April 15th.
Councilman Mayer: architect contracts were close for bathhouse/concession stand – got disturbing news about the FEMA reimbursement amount – Open Space Committee recommends having architect do structural integrity, before moving forward with plans – suggested authorizing BA/CFO to move forward with Sebring and clarification of FEMA reimbursement; Mayor Barrella: questioned moving forward without clarification of reimbursement from FEMA: Councilman Toohey: willing to move forward based on numbers he heard; Councilman Reid: believes Council is committed to bath house.
Deputy Clerk Farrell: added items to agenda resolutions for action.
Mayor Barrella: 2 more curb cut requests on the agenda – should have a firm "No double curb-cut" policy – curb cut move should only be granted if not eliminating on-street parking – shouldn't allow expansion from 13’ to 16’, even if a double garage, unless it doesn’t eliminate on-street parking – best way to help people rebuild is to let them know what they can and cannot do – there are inconsistencies in what is currently allowed – some are enhancing their properties at the expense of others – it's an equity issue – would like something drafted for April 15th; Councilman Reid: should work on this as a committee; Councilman Toohey: need people to understand intent of Council – committee will work on it – will meet with Zoning/Code Official; Councilman Gordon: lot of the issues will be addressed by limiting it to single curb cuts only on conforming lots; Councilman Vogel: referenced 13’ curb cut on Seymour, which widens out and accommodates a 2-car garage.

COMMITTEE REPORTS:

Councilman Reid: hydrant flushing will start April 14th and end May 16th; Engineers were at Little Silver Lake checking water and silt quality.

Councilman Cortes: Boardwalk is moving along despite snow and rain – will be completed before any events; JCP&L will look into painting their rusty transformer; DPW roof is moving along; Police substation stairs should be completed next week; DPW is getting Pleasure park ready; moving forward with purchasing 1 Ocean Avenue; will be placing temporary bathroom trailer by police substation to alleviate long lines – working with Jenkinsons to clean it; Beautification Committee will start plantings in mid-May .

Councilman Vogel: there is no existing ordinance restricting adding fill to lots; Recreation Easter Egg Hunt is Sunday; thanked BA/CFO Riehl for follow-up on water quality issues – will be flushing regularly in certain areas; street light at Inlet lot is a safety concern – brought to Councilman Gordon's attention; operation “Take Back” for Rx drugs will be April 26th in the Police Department (PD) lobby – our PD was one of many agencies involved in “Operation Growing Up,” which resulted in arrest of many individuals in possession of more than $400K worth of marijuana, firearms and drugs in the form of candy; congratulated Lt. Michigan on his graduation from FBI academy; our PD was approved for Narcan training, which involves administering of drug for heroin overdoses – everyone in PD will be trained.

Councilman Mayer: met with BA/CFO Riehl on budget – will be ready for introduction on April 15th; spoke about down payment in 1 Ocean Avenue bond ordinance, and swapping from Capital to Open Space (Mayor Barrella: suggested 2 versions, both on for first reading, with alternate funds for down payment; Councilman Gordon: concerned about the risk of limiting building use by using Open Space funding – have to factor in flexibility – limits every Council from here on out; Mayor Barrella: Council's option should be left open by approving both – will veto the one he doesn't like) options remain open because the ordinance can be amended before property is put on the ROSI (Councilman Toohey: asked about limitations of using Open Space money; BA/CFO Riehl: would be held to the ordinance that established the open space trust fund; Attorney Riordan: once you accept Green Acres funding, you have to list all your open space on ROSI – will appear on the ROSI after a year, in any case, if open space funds are used or not); asked that CO Gardner review new flood maps and report effects to Council.

Councilman Gordon: spoke about the Mariner's Cove fire which involved both Fire Departments (FD) and the PD – kudos to the FD for their actions – extraordinary event, the likes of which this town has not seen, in terms of magnitude and loss of life – recognized extraordinary efforts of all involved, especially those who saved a woman trapped in a bathroom.
Chief Fox: it was well into the fire when the FD got there – the woman is out of the hospital and very grateful to meet the firefighters – she saved herself by using something her Fireman grandfather taught her – went into bathroom, filled tub with water and left the shower running – have gotten plenty of compliments and feedback on the rescue workers – have never had deaths in a fire during multiple stints as Chief – only death in memory was on Newark Avenue – Keifers Quarters in 1978 was the biggest fire with several deaths – has never seen a fire take off as fast as this – had 3 Chiefs there in less than 5 minutes (Mayor Barrella: interrupted, as fire is still under investigation – complimented the FD and thanked them – the FDNY couldn’t have done any better).
Councilman Gordon: time is now to move forward on purchase of proposed fire truck.
Motion by Councilman Gordon to authorize drafting of bond ordinance for purchase of fire truck and authorize purchase of fire truck in an amount not to exceed $725K was seconded by Councilman Toohey. Councilman Vogel recused himself and left the room. The motion was carried by roll call vote.
VOTE: Council Members Reid, Cortes, Gordon, Toohey….YEA
Councilman Mayer….NAY
Councilman Vogel….RECUSE

Councilman Toohey: Environmental Commission is set to go with garbage cans downtown, purchased through a grant – asked that cans with useful lives be moved to the Inlet; Lake of Lillies refurbishment has been in the works a long time – Barnegat Bay Partnership has committed a sizeable amount of money – a major concerns is the privately-owned Elizabeth-Blodgett property – if aquatics are planted in that area, there is no buffer – Barnegat Bay Partnership has submitted paperwork for us – their representative will attend the next Environmental Commission meeting; BA/CFO supplied history of Sea Coast Oil property – thanked Tom Davis for providing a scope of work, which was forwarded to the Borough Engineer for review – property has been in limbo for some time and should be addressed.

Mayor Barrella: expressed gratitude to both PPB fire companies, to companies from South Wall, Brick, Bay Head, Mantoloking, Brielle, Laurelton, Herbertsville and Point Pleasant, and to EMS; asked BA/CFO to copy him on e-mails between department heads and Council – has received very few emails since January and wants to be kept in the loop; was informed by Anne Lightburn that Open Space needs an alternate.

Items were carved out of the Consent Resolutions for separate consideration.

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)
BEGAN AT 8:55 PM.

Bob Berger: son of Eugene Berger who was involved in the last town fire on Washington Avenue – commended the FD for rescuing his father – doing phenomenally; still maintain an interest in the bath house property moving forward; spoke about a business proposal regarding selling ice cream on the beach.
Mayor Barrella: asked the Chief to extend his thanks to Officer Sicueltano, PPB’s newest officer and the first to respond to the fire at Mariner’s Cove.
Dave Cavagnaro, Point Pleasant Beach (PPB): asked about item 1/J; agreed that strong message must be sent on curb cut policy; asked about flood insurance estimate on bath house and restrooms ($16K premium) and about potential rent – if rent is coming in at $16-17K, recommended keeping the concession stand and using the bath house area as parking, to offset the cost of insurance and building maintenance.
Chuck Venedam, PPB: asked that Council be sympathetic to those in his area with no parking, before approving new curb cuts, and if curb cut approval comes to Council before BOA.
Councilman Vogel left the room at 9:09PM and returned at 9:11PM.
Vince Castin, PPB: should sell bathhouse/concession building or knock it down; "No Dogs Allowed" signs are missing on Boardwalk – fine amounts should be posted; asked why PPB is buying 1 Ocean Avenue, about electricity auction resolution and date of Memorial Day parade.
Damon Mason, Neptune: asked about taxi application (Attorney Riordan: if ordinance passes, will go into effect upon publication on Friday – applications should be available then).
Ben Dispoto, PPB: concerned about items 1/K and 2/A, taking something off the tax rolls – going to spend to put something there – big negative – bank that owns the property should have taken it down, by ordinance, within 90 days – could do the same thing on the other side of the street; referring to hotel fire, asked if town could supersede State’s five-year inspection plan.

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

PUBLIC PARTICIPATION (Agenda Items and Ordinances on First Reading)
ENDED AT 9:25 PM

Mayor Barrella: asked if Little League schedule conflicts with Memorial Day parade (no); asked about 1/I – as ABC has been derelict in not addressing events of August 2013, when a bar patron died, Council needs to take a stand, which could include stripping Martell's license; Councilman Gordon asked that item 1/I be considered separately.
Motion by Councilman Cortes, to adopt resolutions listed below, was seconded by Councilman Toohey and carried by the following roll call vote.
CONSENT RESOLUTION 1:
a) Ocean Fire Co #1 request to charge for parking in adjacent lot on Sundays from 5/25 to
9/1, and Holidays to offset Sandy damage expenses
b) Approval of revised professional services contract for bond counsel
c) Payment to Galvin Law Firm from BOA and Planning Board escrow accounts ($2,642.50)
d) Payment to State of NJ for employee health benefits ($127,164.60)
e) Payment to Denise Sweet from BOA & Planning Board escrow accts ($400)
f) Payment to T&M Assoc from BOA and Planning Board escrow accounts ($4,046.33)
g) Removed for separate consideration as Resolution 3
h) Payroll #6 ($265,532.13)
i) Removed for separate consideration as Resolution 5
j) Revision to bulk waste item pick up and drop off charges
k) Temporary Emergency Appropriation for 1 Ocean Avenue acquisition ($53,250)
l) Point Lobster Banner Permit Application for Rte 35S, north of Cedar
m) Authorization for Title Report, Environmental Inspection, Survey for acquisition of 1 Ocean Ave.
n) Authorization to advertise and hire a temporary P/T Building Dept. clerk
o) HELD for April 15th meeting (Payment to Pierce Mfg. for fire apparatus)
p) Payment to Petroleum Traders for gasoline ($25,023.64)
q) Payment to Riggins, Inc. for diesel fuel ($9,059.31)
r) Payments of computer-generated vouchers ($285,031.49)
s) Payment to Davenpot & Spiotti for 2012 tax appeal ($3,866.06)
t) Temporary Emergency Appropriation for State of Emergency snow removal ($39,000)
u) Approval of ATM contract
v) Authorize participation in online reverse auction for purchase of electricity
w) Authorize DPW Superintendent to execute maintenance contract with
Hutchinson Mechanical Services ($4,350)
x) Removed for separate consideration as Resolution 4
y) S/E application for Recreation Committee Easter Egg Hunt on 4/6/14
z) S/E application for Memorial Day Bike Parade on 5/24/14
CONSENT RESOLUTION 2:
a) Temporary Capital Budget for 1 Ocean Avenue ($475,000)
b) Appropriation to pay Birdsall settlement ($30,000)
c) Authorization to hire title company – Closed
d) P O to Detcon for sanitation truck lifter ($3825)
e) Approve hydrant flushing (4/14/14 – 5/16/14)
f) Appointment of Dara Stieglitz to Open Space Commission
VOTE: Council Members Reid, Cortes, Vogel (Items 1/B-Z & 2/A-F), Mayer, Gordon, Toohey….YEA
Councilman Vogel (Item 1/A)….Abstain

RESOLUTION 3 (Request for curb cut at 1108 St. Louis Avenue) was discussed. Motion by Councilman Gordon, to approve curb cut request at no larger than 13-feet, was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

RESOLUTION 4 (Request for curb cut at 202 Laurel Court) was discussed. Motion by Council Gordon, to deny curb cut request at 202 Laurel Court, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

RESOLUTION 5 (Revised 3/18/14 resolution, memorializing ABC action on Martell’s Tiki Bar License) was considered.
Councilman Gordon: when he first read this, he did not consider current legal issue Martell’s is dealing with, nor the potential signal that Council could send – not as much about Martell’s, as the integrity of this Council and the message we want to send to the public – every decision we make has an impact – knows the reputation this town generated a couple of years ago; Attorney Riordan: the issues raised would be appropriate at renewal, not now – Council's hands are tied, unfortunately, with respect to this resolution – not approving it would cause their Counsel to take action; Mayor Barrella: challenged Riordan's opinion – the death should cause the ABC to revisit its 17-year-old decision to expand that license to the Crab Shack; Attorney Riordan: that should be done at renewal time; Mayor Barrella commented on the amount of time it was taking the ABC Director to come to any sort of conclusion on this matter.
Motion by Councilman Gordon, to deny expansion of Martell’s Tiki Bar ABC License, died for lack of second.
Motion by Councilman Reid to approve Resolution 5 (Memorializing ABC Director’s ruling approving expansion of Martell’s Tiki Bar ABC License) was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA
Councilman Gordon….NAY

Ordinance 2014-04 (Front Lawn Parking) was introduced on first reading. Council and Chief O’Hara discussed enforcement.
Motion by Councilman Vogel, to approve Ordinance 2014-04, was seconded by Councilman Reid and carried by roll call vote. Public Hearing will be held on April 15, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey ….YEA

Ordinance 2014-10 (Acquisition of Real Property) was introduced on first reading. Motion by Councilman Reid, to approve Ordinance 2014-10, was seconded by Councilman Cortes and carried by roll call vote. Public Hearing will be held on April 15, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Ordinance 2014-11 (Real Property Acquisition Bond Ordinance – down payment from Capital Improvement Fund) was introduced on first reading. Motion by Councilman Reid, to approve Ordinance 2014-11, was seconded by Councilman Gordon and carried by roll call vote. Public Hearing will be held on April 15, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Ordinance 2014-12 (Real Property Acquisition Bond Ordinance – down payment from Open Space Trust Fund) was introduced on first reading. Motion by Councilman Mayer, to approve Ordinance 2014-12, was seconded by Councilman Reid and carried by roll call vote. Public Hearing will be held on April 15, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Ordinance 2014-08 (Amend TWU salary ordinance) was considered on second reading. Mayor Barrella opened the hearing to the public.
Vince Castin, PPB: questioned the parking meter supervisor salary (BA/CFO explained his duties, that meters are in operation from 3/1 to 10/31, and about maintenance that needs to be done after 10/31 and before 3/1 to bring meters back online).
Motion by Councilman Reid to close the public hearing and adopt Ordinance 2014-08 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey…..YEA

Ordinance 2014-09 (Amend Ordinance 2013-44 on Taxi Licensing) was considered on second reading.
Councilman Vogel: Driver’s license fee should have been raised from $20 to $50, not $100 – asked that it be revised; Mayor Barrella: questioned if that could be done on 2nd reading; Attorney Riordan: opined that is was an oversight and all right (ministerial in nature).
The public hearing was opened by Mayor Barrella and held with no member of the public wishing to be heard.
Motion by Councilman Vogel to close the public hearing and adopt Ordinance 2014-09 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA
Councilman Vogel: need a resolution setting the number of seasonal licenses at next meeting.

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 10:09PM.

Dave Cavagnaro, PPB: thanked Councilman Vogel for looking into backfill issue – asked, with the amount of construction that will be taking place in PPB at an increasing rate over the next few years, if Council will consider that type of an ordinance – as of now, nothing prohibits anyone building a new house from putting in several truckloads of dirt – already seeing properties higher than their neighbors – is concerned about flooding and rain runoff; asked about height comparisons being investigated by the Borough Engineer and when Council will finish deliberating, so he can get his OPRA information – asked if that information had been released to any of the Boards or Building Department; asked if Lake of Lillies restoration included any type of fencing to protect new plantings from the geese – last estimate on fencing cost was $30K, but the Federal government will rid us of the geese for $6-7K, which will work for a year or two; asked about Christmas swags still being up.

PUBLIC PARTICIPATION PERIOD ENDED AT 10:19PM.

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

Meeting was adjourned at 10:20PM.



TRANSCRIBED BY: __________________________________
Maryann Ellsworth, Municipal Clerk



ATTEST: _________________________________
Eileen Farrell, Deputy Clerk


Published May07, 2014 | Council Minutes | 1869


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