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July 15, 2014


Mayor Barrella called the regular meeting to order at 6:33PM. Present were Council Members Reid, Cortes, Vogel, Gordon and Toohey. It was reported that Councilman Mayer would arrive late. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Reid, to enter closed session for update regarding confidential negotiations on dune project, was seconded by Councilman Cortes and carried by roll call vote. It was decided that the alleged ABC violation matter was not an executive session matter. 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, Gordon, Toohey …..YEA

Closed Session began at 6:35PM and ended at 7:26PM.

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

Clerk Ellsworth announced a correction to the July 1, 2014 minutes on motion to approve Resolution 5 and added Resolution 4 to this agenda

Department Head memos and correspondence were discussed with items moved to the agenda for action; it was decided that no action need be taken on the Engineer’s memo regarding windows in non-habitable spaces; draft of the structural inspection of the Borough bathhouse/ luncheonette was just received and will be reviewed before action is taken; the memo on 60 Channel Drive was for informative purposes; BA/CFO Riehl asked that the safety coordinator item be moved to the agenda for approval – will work in coordination with the JIF – Point Pleasant has retained these services and it has worked out very well.
Mayor Barrella: Council asked for an extension from ABC on Domenico Winery application for winery salesroom at Prime 13; Attorney Riordan: it’s ABC's call – language of distance ordinance is “any license” – doesn’t agree with prior attorney’s opinion – an out-of-State winery.
John Annunziata, Domenico Winery: asked about the 500' ruling – restaurant could sell wine from only one winery, kind of like a consignment sale – would still be a BYOB restaurant and would act as the middle man – can sell only by the bottle (Councilman Reid: concerned about establishments with ABC licenses which cost a lot of money) for this license, winery is limited to the amount of wine it can produce – pay a State fee to operate and can provide to a maximum 16 restaurants within the State – currently provides to restaurants in Red Bank, Ridgewood, Summit, Milburn and Montclair (Councilman Gordon: concerned that supporting this would harbinger the beginning of all non-licensed restaurants applying for same; Mayor Barrella: endorsing this would go against local ordinance; Councilman Vogel: asked if there are minimum seating requirements for the restaurants and if restaurants must go through liquor training; Attorney Riordan: training is usually for bartenders only; Councilman Mayer: asked if the winery must have personnel on premise) specific section of restaurant is set aside for winery signage and bottles – must train owners and waiters, who are their agents – can sell bottles for on- and off-site consumption and provide samples for on-premise consumption (Mayor Barrella: respecting our ordinance is the issue – directed that letter be sent to ABC stating that Council is standing by its proximity ordinance; Attorney Riordan: letter should say no action was taken to amend the ordinance, it is in full force and effect and Council would like the ABC to respect it.

Motion by Councilman Mayer, to approve the July 1, 2014 Council meeting minutes, as corrected, was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Toohey….YEA
Councilman Gordon: Abstain


Councilman Reid: received complaints about weekend litter on streets – implemented litter patrol program last year and would like to reinstate it this year, Saturdays through Mondays (Councilman Mayer: asked that the litter patrol be added and made part of the DPW’s normal summer routine); spoke with Borough Engineer who is working on plans for Little Silver Lake dredging, including replacement of west-end bulkhead and box and installation of gate at Lake Louise to prevent flooding; asked for update on water quality issue (BA/CFO Riehl: received temporary DEP permit for chemical feed at water plant – meeting tomorrow with Engineer to implement program) – water department needs to come up with a valve opening program.

Councilman Cortes: broken fence at Loughran Point has been removed, plaques taken down and remnants of sign given to Mr. Loughran; received structural report on bathhouse/ concession stand property – summary concludes that it’s likely the structure can be repaired and reinforced to support the design loads for intended use; PO for demolition of 1 Ocean Avenue is on the agenda, as is final payment for D2 police substation; McKeon is getting ready to start on park lights, but needs to work around the summer park program.

Councilman Vogel: July 3rd recreation bonfire was rained out and held on July 10th – a great community event; thanked DPW for set-up of donated picnic tables at the park; park program is in full swing and participants are having fun; Police personnel are active and busy – doing a great job – had a change in staffing – new communications operator, who has been with the department for 2.5 years, is being hired tonight to replace dispatcher who resigned.

Councilman Mayer: Finance Committee is focusing on self-insurance issue (BA/CFO Riehl: received claims information and forwarded same to Scott Davenport, along with retiree information and their locations – have potential for a couple of different scenarios which he will put together); Non-Resident Taxpayer Advisory Committee (NRTAC) had a well-attended meeting on Saturday – concerns were expressed regarding estimated tax bills – asked what holds up production of the third quarter tax bills (BA/CFO: County did not strike their rate yet – also need state figures – County Board of Taxation sets the tax rate for PPB); received complaints about people going wrong way on Inlet Drive (Chief O’Hara: no accidents reported – it is clearly posted) advised NRTAC that weekend garbage bag program is a use it or lose trial (Chief O’Hara: first 2 bags were sold this week – Police Department has seen an increased volume of activity on Monday afternoons and early evenings and had to reallocate manpower).

Councilman Gordon: asked about energy aggregation meeting (8 people there) and if there was any way to confirm that they are not going to switch him from his third party provider; Knox Box is gaining some traction – thanked Councilman Toohey for presenting program to NRTAC – received a thumbs up after presenting it to the Chamber of Commerce – would like to move forward with ordinance (Councilman Reid: spoke with Realtors – due to scheduling conflict, neither the Fire Chief nor Asst. Chief were available – will be providing them written questions) not a requirement for rentals (Councilman Reid: asked that it be held so their questions are answered; Fire Chief Fox: doesn't see why Council can't act on this tonight, as the Chamber is on board – will save businesses money in the long run – optional for seasonal property owners, non-resident taxpayers and Realtors) asked about scheduling a meeting with business owners and Fire Chief in order to get the ball rolling at the next meeting.

Councilman Toohey: prior to Council meeting, some Council members and Administrator met with law enforcement professionals regarding tragic fire; Asst. Attorney General (AAG) Apy attended closed session to answer questions and update Council on negotiations between State and Army Corps of Engineers (ACOE) regarding the dune project – it is going to happen – the project partnership agreement (PPA) was agreed upon for signature by State tomorrow and will be returned to ACOE for signature – discussed doing a press release in conjunction with AAG.

Mayor Barrella: hopes project will get rolling and will have dunes by next summer or next fall (Error! Hyperlink reference not valid. Gordon: asked Attorney Riordan about fundraiser at local businessman’s home, for which the $500 price was “comped” for Council Members; Attorney Riordan will research); PPA was critical last step before Council takes action to secure easements not voluntarily granted – will get Engineer Savacool's surveys to AAG – should be in position in late August/early September – will send FAQs to property owners to allay fears and misinformation; asked if it is allowable, under ABC rules, for someone to go onto an unlicensed business premises to solicit patrons to purchase alcoholic beverages in closed containers (Clerk Ellsworth: can sell alcohol only on licensed premises) asked about doing so if solicitor has an ABC License (Clerk Ellsworth: would need a special ABC permit – depends on circumstances) letter needs to be sent to licensed premises about serving in unlicensed pool area, warning that their license will be in jeopardy – will provide information to Clerk tomorrow.

Business Administrator/Chief Financial Officer Riehl: No report

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)

AJ Fox, PPB Fire Chief: received calls from Fire Department (FD) members about how to open fire hours doors during power loss – need back-up generator – Fire Company #1 has been trying to get one for 6-8 years (BA/CFO: provided $60K for same in bond ordinance adopted at last Council meeting – met with Fire Officer Brodeur – specs are with Engineer – hopes to get permission to go out to bid at next meeting) hurricane season is upon us (should research purchasing generator through state contract, otherwise all 3 proposals are over the bid threshold).
Dave Cavagnaro, Point Pleasant Beach (PPB): asked about Resolution 4.
Vince Castin, PPB: public should have a chance to go over what is in Resolution 4 that was just added to the agenda; asked how much safety coordinator would be paid ($695/month) asked if we had inspectors (consultant ensures municipality is not at risk and is compliant with OSHA, blood borne pathogens, workplace safety, right-to-know and in line with mandated trainings).
George Loder, PPB: appreciated letter about Monday’s energy aggregation meeting, but it wasn’t received in his district until Monday – JCP&L bill is broken into two costs, generation or commodity cost and delivery cost – current JCP&L commodity rate is lower than the TriEagle rate that is quoted in the letter – spoke with BPU and JCP&L will be .095 compared to TriEagle at .097 – opt-in would have been better than opting-out (State mandates opt-out) if you don’t look at it at the end of 16 months, your rates could go up – asked how it would affect budget plan (budget plan would only relate to the JCP&L delivery charge portion of the bill if customers go with third-party) CCU has 21 customers in NJ – should have aligned with larger population centers such as Toms River (Councilman Gordon: asked if town could opt-out at the 14 month mark when they rebid if bid is not favorable; yes; Mayor Barrella: asked why the letter took 12 days to get to us; mailed by CUC) public thinks it came from the Governing Body – asked who would be looking out for the best interest of the community, CUC or the PPB Governing Body.

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

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)

Motion by Councilman Vogel, to adopt resolutions listed below, was seconded by Councilman Toohey and carried by roll call vote.
a) Emergency Appropriation – W/S Debt Service ($1288)
b) Performance Bond Release – TD Bank
c) Performance Bond Release – MiBo Construction
d) Payment to Penalty Box-Jersey Shore Arena for Recreation summer programs ($2601)
e) Payment to Summertime Surf for Recreation program ($4050)
f) PO to Dane Deforest Demolition for buildings demolition – 1 Ocean Ave ($12,600)
g) Authorization to apply for Green Acres funding for acquisition of 1 Ocean Ave
h) Payroll #14 ($331,723.92)
i) Payment to Johnson Baran Corp for Inlet drainage improvements ($5800)
j) Payment of insurance opt-out ($2,500)
k) P O to Hewlett Packard for 10 new computers ($5928)
l) Payment to All Points Printing for printing of 2013 water reports ($3024.21)
m) Authorize Boro Engineer to proceed with Curtis Avenue drainage repairs ($35,600)
n) P O to All Covered-United Computer to network/hot stage 10 computers ($7411)
o) Payment to N J DCA for 2nd quarter training fees ($6124)
p) Payment to Allied Biological for lakes’ water quality monitoring ($790)
q) Payment to Petroleum Traders for gasoline ($16,258.28)
r) Payment to Riggins for diesel fuel ($8,836.20)
s) Payment to Hutchinson Plumbing for Police Substation air conditioning unit ($3800)
t) Payment to Joe Hunter Construction for exterior improvement to Police Substation
u) P O to McKeon Electrical for work on Pleasure Park lights and timers ($4000)
v) Payment to PBCC for prepaid postage for postage meter ($3054.72)
w) Payment to State of N J for health benefits ($126,783.81)
x) Payment to Eagle Point Gun for police ammunition ($3018.40)
y) Authorize Mayor to execute annual agreement for NJ Local Cooperative Housing
z) Annual VFW request to display boat on Borough property for “Flukin’ Frenzy”

a) Refund escrow account balance ($263)
b) Payments to Denise Sweet from Board of Adjustment escrow accts ($200)
c) Appointment of replacement full-time Communications Operator
d) Appointments of additional personnel for summer recreation program and salary
adjustments for other summer personnel
e) ABC Social Affairs Permit Application for Wine Garden at Chamber Seafood Fest
f) ABC Social Affairs Permit Application for VFW Post 4715 annual “Flukin’ Frenzy”
g) ABC Social Affairs Permit Application for Elks Oktoberfest on 9/20
h) Curb cut at 1811 Beacon Lane
i) Reinstate 2013 litter patrol, Saturdays through Mondays during the 2014 tourist season
a) Computer-generated vouchers ($1,100,060.38)
VOTE on Consent Resolutions 1 and 2: Council Members Reid, Cortes, Vogel, Mayer, Gordon,
VOTE on Resolution 3: Council Members Reid, Vogel and Mayer (all except those items with which they have a conflict), Cortes, Gordon and Toohey….YEA
Council Members Reid, Vogel, Mayer (those items with which they have a conflict)….Recuse

RESOLUTION 4 (Support for Atlantic Cape Fisheries NJ Economic Development Agency application to restore bulkhead and piers along the Wills Hold Thorofare and Channel Drive) was discussed, with Attorney Riordan reading the resolution for the public.
Motion by Councilman Vogel, to approve Resolution 4 after striking the word “all” in the fourth whereas line, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Mayor Barrella left the meeting in progress at 8:54PM and turned the Chair over to Council President Mayer.

Ordinance 2014-21 (Amend Development Ordinance – Curb Cuts) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Toohey to close the public hearing and adopt Ordinance 2014-21 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Ordinance 2014-22 (Handicap Parking Space – Randall Ave) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2014-22 was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel*, Mayer, Toohey….YEA
Council Member Gordon….Abstain
*Councilman Vogel: asked for biennial review of all handicap spaces.

Ordinance 2014-23 (Refunding Bond Ordinance) was introduced on first reading. Councilman Mayer explained refunding was being done in order to save money.
Motion by Councilman Mayer, to approve Ordinance 2014-23, was seconded by Councilman Reid and carried by roll call vote. Public Hearing will be held on August 5, 2014.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA


Dave Cavagnaro, PPB: asked if town was paying for professionals’ attendance at the recent NRTAC meeting and if that came out of their budget line item – although a worthwhile group, it’s not appropriate for all taxpayers to subsidize a special interest group; asked if the Monday police reallocation issue is related to a specific location – been told it refers to a specific bar (not one specific bar – area between Central Avenue and Parkway – early afternoon to 7/8PM – mostly alcohol-related) – bar(s) should compensate the municipality; since vacuum cleaning of streets is tourist-related, the Boardwalk should pay for it; Knox Box is a wonderful idea, but should be voluntary for all (mandatory for businesses only – Point Pleasant, Bay Head and many other shore municipalities have it) confirmed Council will wait until it hears from the business community; PPB policy was that if a landlord called police on their own property, it did not count towards the property’s two strikes – that policy encouraged landlords to scrutinize their own properties – asked if that policy was still in effect; it’s not a new policy that landlords are required to leave a local emergency number with the building department.

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

Meeting was adjourned at 9:07PM.

ATTEST: Maryann Ellsworth, Municipal Clerk

Published August08, 2014 | Council Minutes | 1924

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