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June 17, 2014

Council Minutes

Mayor Barrella called the regular meeting to order at 7:00PM. 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 (1) Personnel – discussion of special counsel and (2) two police personnel matters, was seconded by Councilman Cortes and carried by roll call vote. The Governing Body reserved its right to amend and supplement the purposes of executive session by motion at the public meeting
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey …..YEA

Closed Session began at 7:02PM and ended at 7:35PM.

Mayor Barrella called the regular meeting to order at 7:38PM. 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 Reid, to approve the May 27, 2014 and June 3, 2014 Council meeting minutes, was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer (June 3, 2014), Gordon, Toohey….YEA
Councilman Mayer (May 27, 2014)….Abstain

Department Head memos and correspondence were discussed with items moved to agenda. Councilman Toohey spoke about relocation of hydrant – neighborhood has taken a hit with on-street parking – recommended accepting $500 from homeowner and relocating the hydrant
Edward McGlynn, on behalf of Pepsi and Jenkinson’s: Pepsi has a national summer advertising campaign entitled “Real Sugar, Real Big Summer” – have asked to construct a crane (40’L x 40’W x 35’H) on Jenkinson’s Beach – will award 25 prizes, including significant ones to 5 individuals impacted by Sandy – met with CO Gardner and Chief O'Hara – Mr. Gardner needs drawings and engineering plans indicating it will not blow away in a hurricane – Pepsi's engineering firm is providing it – load-in date would be around 7/14, starting Sunday for about 3 nights – would construct crane off site, truck it to PPB and assemble it on the beachfront between 11PM and 5AM – 5 tractor trailers would be situated on Jenkinson’s empty property between 35N and 35S – Chief recommended at least 2 officers plus Jenkinson’s security – will require fork lifts to lift crane over the Boardwalk – asking for 1/2 of Arnold Avenue, as will load at street end of Arnold and Boardwalk – Pepsi will indemnify PPB to reconstruct Boardwalk should anything happen, is willing to sign legal documentation and pay for officers – they will film on Thursday, take the crane down that night and be out on Friday – if it rains on Thursday, they will film on Friday and be out on Saturday – PPB will be clearly identified on social media and Pepsi will identify PPB and Jenkinson’s as the locations in national commercial – can’t guarantee it will be used as a commercial, but will be using social media to advertise same – every PPB Boardwalk merchant is a Pepsi supplier. Item was moved to resolutions, subject to working out particulars with Construction Official and Police Chief and the indemnification.
John Dunn, Commercial Utility Consultants (CUC): provided recap of May 20th auction held for Citizens’ Energy Cooperative, which includes Howell, PPB and Farmingdale – 8% guaranteed savings over JCP&L price of .1056/KWH, for PPB residents – 16-month contract – .0979/KWH was the winning bid from Tri-Eagle Energy – if JCP&L price goes below .0979, supplier must meet or beat it – PPB residents will never pay more than JCP&L price – looking for about 70% of residents to save about $91K – opt out letters should be received by residents mid next week – that begins the 30-day opt out period, after which residents may still opt out (but not in), but it might take a couple of months – CUC will begin resident outreach and education – will continue to work with Councilman Reid – those who opt-in will receive a confirmation letter from JCP&L and have another 7 days to opt out – will not interfere with electrical service – service problems would still be addressed through JCP&L (Councilman Gordon: disagreed with 8% savings, based on JCPL’s advertised rate of .09907895KWH – has gone with a third party and receives .0959/KWH – cautioned all to beware and read their bills) .1056 is a blended rate advertised on the JCP&L website – those already with a 3rd party supplier won’t be contacted (Councilman Vogel: wanted indication that savings could be greater or less if already with a third party provider) CUC is doing the mailing to those with JCP&L (Councilman Reid: asked what town would be saving) town is not part of it – town is already with a co-op – must read the penalties and cancellation fees with current third party suppliers.

Mayor Barrella opened the public hearing on the 2014 Budget Amendment. Councilman Mayer: amendment, requested by the State, increases debt service in Water/Sewer Utility from $19K to $64K.
No member of the public wished to be heard.
Motion by Councilman Mayer to close the public hearing and adopt the 2014 Budget Amendment was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA
Mayor Barrella: asked why Budget wasn't amended last meeting to include easement document preparation and if Council should amend now (BA/CFO Riehl: recommended facilitating that through a Chapter 159) because PPB will be reimbursed for those costs (Councilman Gordon: asked if costs outlined in Engineer’s may 22nd letter should have been included in the budget – if it was an oversight or deliberate; BA/CFO: not deliberate – not sufficient time to review and put actual dollar amount) understood Engineer’s letter didn't make it on the agenda because there was no line item to charge it against – asked why it wasn't part of the June 3rd amendment – asked if BA/CFO was comfortable with adoption of Consent Resolution 4 and funding through a Chapter 159 (yes).

Motion by Councilman Reid, to adopt the 2014 Municipal Budget, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Richard Cramer, T&M Associates: Strategic Recovery Planning Report must be approved at a public forum with opportunity for public comment.
Mayor Barrella: as the document was not made available to the public, asked that it wait until the next meeting and made available; Councilman Gordon: not sure of the purpose of the document – asked that purpose be put in laymen's terms.
Mr. Cramer: report was funded by State as part of the effort to address Sandy recovery – purpose was to make monies available to each municipality to review the impact of Sandy on the community and assess, going forward, what could be done to make the community more resilient to extreme storm events – report reviews extent of storm damage and makes recommendations that consist of additional planning, zoning ordinances, permitting processes, and capital recommendations, such as improvements to bulk-heading system and providing for back-up generators – if Council approves report, there are additional rounds of funding to implement some of the recommendations (Councilman Gordon: nowhere in the document is there a reference to dunes, which would mitigate all the issues that PPB faced – asked if State's intention was not to fund anything in that arena – report glossed over it – should have been a dedicated chapter) dunes are a complex item – requires more attention than is stated in this report – would be included in further funding rounds (Mayor Barrella: asked if this would be in addition to the Army Corps project) not sure what the Army Corps recommended, but this would be specific as to what PPB feels it needs to protect itself against future extreme storms – could be coordinated with what the Army Corps is recommending (Councilman Vogel: nothing about equipment and other necessities in this report – asked if this is planning for infrastructure improvements) yes, soft activities such as planning, zoning, land use and master planning, as well as capital recommendations for such items as bulkheads (Mayor Barrella: confirmed this was the $28K DCA grant) yes and the springboard to further grants to do more detailed technical work identified in this report (Councilman Mayer: asked if he was aware of any grants for GIS) GIS identified in this report would be a fundable activity under the second round (Councilman Mayer: moving forward with GIS for water/sewer – asked him to follow-up with Engineer Savacool; Mayor Barrella: directed that the report be uploaded to the town web site, with paper copies available for the public – asked that the “Ocean Star” advertise same.
Motion by Councilman Reid, to carry public hearing and approval to the July 1st Council meeting, was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

COMMITTEE REPORTS:

Councilman Reid: No Report

Councilman Cortes: McKeon Electric finished DPW lights and will start at Pleasure Park; Inlet restroom trailer graffiti was painted over – guardrail was fixed; D2 police substation got new cedar siding, fresh paint and lights; BA/CFO’s secretary has been in contact with Sebring about Phase I structural assessment at bathhouse/concession stand (will begin Thursday); contractor was painting lines by St Peter’s today – working his way east to west; water flushing this week through Thursday – if PPB gest DEP approval, will be able to insert corrosion inhibitor here; will have nice port-a-johns for July 4th weekend at end of Arnold Avenue.

Councilman Vogel: police officers received training on new electronic temporary restraining order system; SRO O’Neill graduated 85 students at Antrim and St. Peter schools in the DARE program and continues to do an outstanding job for the children in PPB schools; police department (PD) received new equipment called ‘Quick Clots” to stop traumatic bleeding; Officer Duffy received an award from Mothers’ Against Drunk Driving and Officer Boturla received an award from the 200 Club of Ocean County for his fire rescue in September 2013; asked that complaints about ill-behaved neighbors be made to PD in a timely fashion, to be addressed – can be made anonymously; concerned about tree blocking Stop sign at Central & St Louis Avenues; received complaint about left turn on Ocean Avenue, heading north onto Arnold Avenue, which backs up traffic – something for the County to look into; there are a bunch of taxi applications in and more pending, based on approval of tonight's ordinance.

Councilman Mayer: had conference call with Conner Strong regarding possibility of self-insurance for health benefits – discussed same with Finance Committee – BA/CFO has put a request into SHBP for claims summary – self-insurance has been successful in some places – it's a long process, but worth looking into; Finance Committee discussed Standard & Poors rating – PPB got a 2 year pass at AA- which is pretty good.

Councilman Gordon: will meet with Fire Department (FD), along with Councilmen Toohey and Reid, regarding rapid entry system for business, rental or residential property on a voluntary basis – FD would have access to lock box holding entry keys, eliminating the need to knock down doors; Jeff Bryant, a senior basketball player at PPB HS, has an aggressive form of cancer – basketball moms made bracelets – provided them to each council members to show support – asked that all keep him in their prayers.

Councilman Toohey: spoke last meeting about Inlet area and concern about its overall condition since Sandy – DPW can clean Loughran’s Point – Fisherman's Memorial plaques will go back to families – will do one memorial so all information is in one place – asked for preliminary sketches from Borough Engineer, which can be funded by Special Event fees, which are held in trust for parks and Open Space; commended DPW for painting port-o-john; Harborhead’s retaining wall is still a mess – spoke with property manager who has given PPB the green light to take steps to clean it up; gentleman is here tonight to speak about RREM grants – happy with the Building Department, which has been doing an incredible job on this.

Mayor Barrella: asked DEP’s Cindy Randazzo about meeting with professionals and Assistant Attorney General David Apy in mid-April – Mr. Apy met with Mayor on Tuesday and scheduled a meeting with Toni Angelini from Governor's office about the Chief’s concerns on Route 35 flooding – DOT was to check the drains – had a productive meeting with Mr. Apy, who explained where PPB is at and what PPB needs to do – need to get those items in Consent Resolution 4 moved forward – asked him about a reimbursement letter and received it the next day – Project Partnership agreement between the State and Federal government is close to completion – been in contact with Congressmen Smith’s and Menendez' offices about expediting same; owner of 19 Central Avenue, whose driveway curb cut is 9.5 feet, but could be larger, asked if parking line could be moved back and still be a legal spot (BA/CFO will research).

Business Administrator/Chief Financial Officer Riehl: working with FEMA on reimbursement – has almost $5M pending, which is still under review – they haven't obligated roughly another $1M, yet, for Surf Taco and comfort station area; observed debris in Lake of Lillies and contacted dive team, who will clean the lake in July as a courtesy to the Borough.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)
BEGAN AT 8:40 PM.

Mitch Winter, Point Pleasant Beach (PPB): many homes in south part of town have done a great job erecting dunes – however, beach is flat by his house – coming up on 2nd hurricane season – asked that resolution be passed, if necessary, to move dune project forward; asked for sign-up on web site to subscribe to important emails (Swift 911 system upgrade will allow this).
Dave Cavagnaro, PPB: asked for cost estimate on Consent Resolution 4 items – Boardwalk is no longer a functioning dune – confirmed it would be reimbursed; asked about denials of Special Event applications, cost of hydrant replacement, and if there was a special event application for the Pepsi promotion.
Vince Castin, PPB: asked about status of Little Silver Lake dredging and authorization to bid Maryland Ave beach lease.

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, Gordon, Toohey….YEA

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)
ENDED AT 8:50PM.

Councilman Cortes asked if resolution 1/X was for replacement or new signs (BA/CFO: replacement of signs denoting that parking stubs must be placed face-up on driver’s side dash).
Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Cortes and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Authorization to sell vehicles & other property through public auction on govdeals.com
b) PO to HD Supply Waterworks ($15,200)
c) Water/Sewer bill adjustments (2)
d) Authorization for DCA Safe Summer Initiative booth on Boardwalk on 7/1
e) POs to This & That Uniforms for special officer uniforms ($21,010)
f) Progress payment #3 to Mibo Construction for DPW roof replacement ($6,494.50)
g) Payroll #12 ($306,284.09)
h) Authorization to re-bid Maryland Avenue lease
i) PO to Electro Maintenance for water facility electrical compliance inspection ($4,000)
j) Progress payment #1 to Earle Asphalt for Boston Ave improvements ($228,945.78)
k) Payment to State of NJ for June employee & retiree health benefits ($126,783.81)
l) Denial of S/E Application for Kalahari Resorts promotion 7/26-7/27
m) Progress payment #1 to Wallace Contracting for D2 stair reconstruction ($25,964)
n) Authorize Environment NJ canvass throughout PPB
o) Authorization for Engineer to apply for Temp NJDEP Operating Permit (Est. $5,000)
p) Payment to Petroleum Traders Corp for DPW gasoline ($25,080.88)
q) Payment to McKeon Electrical Services for installation of DPW light fixtures ($3,720)
r) Authorization for tax collector to prepare est. tax bills at 100% of 2014 tax levy ($27,993,992)
s) Annual Civil Rights Policy Affirmation
t) Denial of S/E request from Sweetery NYC for July 4th weekend promotion
u) Appointment of Elizabeth Van Curen as seasonal comfort station attendant
v) Reappointment of Virgilio Solano and Erin Flynn as seasonal comfort station attendants
w) P O to Cambria Mack for sanitation truck repair (not to exceed $4500)
x) Payment to Glenco Supply for 89 parking signs ($3185)
y) Authorization for Clerk to prepare ordinance for handicap spot at 205 Randall Avenue
z) Relocation of fire hydrant at 206 Randall, with homeowner paying $500
aa) Authorization for Borough Administrator to draft letter to the State PBA, stating no objection to appointment of officer to executive position, subject to agreement between the borough and State PBA (CLOSED SESSION ITEM)
bb) Norfolk Southern Railroad Safety Blitz on 7/9/14
cc) Jenkinson’s Pepsi Promotion, subject to approval of Police & Building Departments and indemnification of Boardwalk
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon and Toohey….YEA

Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Mayer and carried by roll call vote. Councilman Vogel recused himself from discussion and vote.
CONSENT RESOLUTION 2:
a) Social Affairs Application for PPB Fire Co #2 on 10/25
b) Waiver of Raffles fees for PPB Fire Co #2 on 10/25
c) Payment to Witmer Associates for Fire Co turn-out gear ($20,000)
VOTE: Council Members Reid, Cortes, Mayer, Gordon and Toohey….YEA
Councilman Vogel…..RECUSED

Motion by Councilman Vogel, to adopt resolutions listed below, was seconded by Councilman Cortes and carried by roll call vote.
CONSENT RESOLUTION 3:
a) Payment to Brick Utilities for May bulk water usage ($86,362.43)
b) Payment to OC Landfill for tipping fees ($50,000)
c) Computer-generated vouchers ($1,983,139.23)
VOTE: Council Members Reid (Item A and those parts of Item C with which he has no conflict), Cortes, Vogel, Mayer (Item B and those parts of Item C with which he has no conflict)
Council Members Reid (Item B and those parts of Item C with which he has a conflict), Mayer (Item A and those parts of Item C with which he has a conflict)….RECUSED

Motion by Councilman Reid, to adopt resolutions listed below, was seconded by Councilman Toohey and carried by roll call vote.
CONSENT RESOLUTION 4:
a) Authorization for Borough Engineer to proceed with beach-fill easement documentation preparation for PPB Shore Protection Project
b) Appointment of Victor DiSanto to provide appraiser services in accordance with USACE approved scope of work for PPB Shore Protection Project
VOTE: Council Members Reid, Cortes, Vogel, Gordon and Toohey….YEA
Councilman Mayer…..RECUSE, due to firms involvement with DEP in other areas

Ordinance 2014-19 (Water/Sewer Bond) was introduced on first reading. Motion by Councilman Mayer, to approve Ordinance 2014-19, was seconded by Councilman Reid and carried by roll call vote. Public Hearing will be held on July 1, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Ordinance 2014-20 (Multi-Purpose Bond) was introduced on first reading. Motion by Councilman Reid, to approve Ordinance 2014-20, was seconded by Councilman Mayer and carried by roll call vote. Public Hearing will be held on July 1, 2014.
VOTE: Council Members Reid, Cortes, Mayer, Gordon, Toohey….YEA
Councilman Vogel….RECUSE

Ordinance 2014-21 (Amend Development Ordinance – Curb Cuts) was introduced on first reading. Councilman Toohey: explained background – facing an on-street parking issue – bans double curb cuts within Land Use code, as advised by Land Use Boards’ Attorney – property owners can apply for a variance; Attorney Riordan: single curb cuts still require Council approval.
Motion by Councilman Toohey, to approve Ordinance 2014-21, was seconded by Councilman Vogel and carried by roll call vote. Public Hearing will be held on July 15, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Ordinance 2014-18 (Amend Taxi Insurance Liability Requirements) was considered on second reading. Mayor Barrella opened the public hearing.
Mr. Miles, PPB resident and Jenkinson’s employee: complained that new taxi stand by Aquarium creates a problem – was easier when they came through the circle instead of on the street – too noisy with people fighting for cabs on line – less taxis are picking up – more people are taking cabs into the area – should be looked at more to alleviate the crowds on the street (provision in ordinance for police officer on duty to establish temporary taxi stand if necessary).
Motion by Councilman Vogel to close the public hearing and adopt Ordinance 2014-18 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 9:07PM.

Rich Gibbs, PPB: thanked Councilmen Cortes and Toohey for their service on his behalf – will speak with Councilman Toohey and the Mayor in private.
Vince Castin, PPB: spoke about line painting contract (Councilman Cortes: under bid threshold – received three quotes – lowest was Lasting Lines – didn’t start until after award of contract in May – Police Chief and DPW Superintendent tell the contractor what to do – works east to west – will provide rundown of where he has been – got that reply from the Clerk).
Dave Cavagnaro, PPB: thanked DPW on behalf of Beautification for replacing barrels; house on Arnold Avenue, off Baltimore, delineates driveway with wooden planks – some days it’s two lanes of parking and others it’s three – asked if there is a prescribed length or width for a driveway for front lawn parking; asked about Mrs. English's May 13th letter – she hasn’t received a response and trailers will continue unless action is taken – it’s an accident waiting to happen (enforcement was waived for one year in December 2013 – BA/CFO was asked to have trailer moved elsewhere on the property); complained that some garages, where people are raising homes, are being sheet rocked – knows of at least one where furniture has been moved in – an issue that needs to be checked; asked if contract for 1 Ocean Avenue had been signed; asked about Special Event ordinance, which regulates events that draw a certain amount of people onto private property – needs to be reviewed and acted on.

PUBLIC PARTICIPATION PERIOD ENDED AT 9:21PM.

Councilman Gordon: requested picture of Council with bracelets in support of Jeff Bryant.

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

Meeting was adjourned at 9:22PM.


TRANSCRIBED BY: _____________________________________________
Maryann Ellsworth, Municipal Clerk


ATTEST: _____________________________________________
Eileen Farrell, Deputy Clerk


Published July02, 2014 | Council Minutes | 1911


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