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August 5, 2014

COUNCIL MINUTES

Mayor Barrella called the regular meeting to order at 6:33PM. Present were Council Members Reid, Cortes, Mayer, Gordon and Toohey. Councilman Vogel arrived at 6:40PM during closed session. 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 2 contractual matters: SRO and PBA; and 3 attorney-client matters: ABC investigation, Wallace/Boardwalk reconstruction and FEMA Proof of Loss, 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, Mayer, Gordon, Toohey …..YEA

Closed Session began at 6:33PM and ended at 7:07PM.

Mayor Barrella called the regular meeting to order at 7:32 PM. 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 Vogel, to approve the July 15, 2014 Council meeting minutes, was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

Correspondence was discussed with matters moved to consent resolutions for action. Councilman Gordon: regarding request for handicap parking, perhaps there should be a policy limiting number of handicap spots on streets; Councilman Toohey: concerned about ADA issues with such a policy; Attorney Riordan: recommended considering on a case-by-case basis, rather than creating a policy; Councilman Cortes: suggested holding item for input from Borough Engineer on whether resort communities should have a certain number of spots.

COMMITTEE REPORTS:

Councilman Reid: meeting with Chamber of Commerce Executive Board regarding Knox box on Thursday; Stacia Scaduto from CUC is here to answer energy aggregation questions.
Stacia Scaduto, Commercial Utility Consultants (CUC): may opt-out at any time – post cards from TriEagle went out 2 weeks ago, informing people that they will be switched for the next meter-read cycle – will receive letters from JCP&L as well – September enrollments will start for anyone over an 800KW cycle – under 800KW will be enrolled for October cycle – as of today, 19% of residents have opted-out (Councilman Gordon: confirmed that no one who currently has a 3rd party provider was enrolled in the TriEagle plan) monthly savings reports will be available online (Councilman Mayer: was a comment at the last meeting that the JCP&L rate was better) that's correct as of now – it's broken down into tiers – if you use less than 600KW, the JCP&L rate is better, but if you use over 600KW, the JCP&L rate is higher (Councilman Mayer: confirmed that no one will pay more than JCP&L).

Councilman Cortes: Pleasure Park lights are completed with new timers – on at 8AM, off at 10PM; T&M reviewed Sebring evaluation of bathhouse/concession building – deemed it incomplete, but the building can be repaired – there are questions on how to deal with some of the pilings under the building; complaint was forwarded about the District 2 bathrooms – reached out to Jenkinson’s who cleans/maintains same.

Councilman Vogel: Recreation Committee has ‘Family fishing’ night at the Inlet on August 23rd – wrapping up Summer Program at park – great job by Committee and all the counselors – kids had a blast; thanked DPW for fixing sink holes at Maryland Avenue Beach and River Avenue; gave updates on Police Department (PD) activities – highlighted efforts of Detectives Daniel and Petruzziello on downtown carjacking and connecting it to another murder case – received grant funding for DWI enforcement, so there will be some additional DWI patrols out there – will meet with Captain Dikun who has some concerns; need to consider request from Emergency Management during next year's budget cycle.

Councilman Mayer: reported on successful note sale, $9.4M at .72% interest rate – better than it was in January; waiting for report from consultant on self-insurance, to see if there could be a possible savings – would be no reduction in quality of benefits which would be comparable or better than existing SHBP benefits; acknowledged receipt of First Aid financial statement – suggested asking for all volunteers to provide similar statements; reviewed revenues through June, waiting for July numbers to be tabulated – will have more on that at the next meeting.

Councilman Gordon: asked that Resolution 3/A be held to ensure compliance with State statutes – will try to get it on the next agenda.

Councilman Toohey: met with some beachfront homeowners who had good questions on the dune project – will result in taking of some people’s property – not easy thing for him to swallow, but Council understands it’s for the greater good – those affected need their questions answered by Assistant Attorney General Apy, who previously committed to putting an FAQ sheet together and is amendable to setting up a meeting – most likely 3rd or 4th week of August at Antrim School – will notice affected homeowners and anyone with concerns (Mayor Barrella: asked Councilman Toohey to try for the week of the 25th – before school starts) also non-residents might not be available after Labor Day (BA/CFO Riehl: was a meeting here today with Army Corps and private property shareholders) resounding sentiment is that the Army Corps project is going to happen, unimpeded, from the gates of Island Beach State Park to the Manasquan Inlet.

Mayor Barrella: spoke with Captain Dikun who related that in the early- to mid-90s, police routinely questioned people who were issued summonses as to where they were coming from, what they were doing, etc. – policy was suspended (Chief O’Hara: when Mr. Lynch was Chief) that's a good policy to keep everyone on their toes – asked Council to consider, but believes the Mayor has the authority, under state law, to have police department reinstate it (Councilman Reid: asked why it ended in the 90s; Chief O’Hara: because Governing Body no longer wanted department to keep track of what establishments were serving what people) asked Councilman Vogel to join him in speaking to Chief O'Hara (Chief O’Hara: questions were part of the arrest report or part of summons issuing process – asked where they were drinking); asked about resolutions 2/G, 2/W and 2/X, pertaining to dredging and draining at Little Silver Lake – received a grant which is woefully inadequate for dredging, but needs to be spent by the end of 2014 – we are proceeding with that dredging and authorizing Engineer to file an application – this could've been included as an authorized expenditure within the last round of bond ordinances – asked Finance Committee why it was not, thereby pushing actual dredge work back to 2015 – doesn’t know how to keep sediment from one part of lake from flowing back into the part already dredged (Councilman Mayer: EIT application for the dredging was actually filed months ago – revised application does not include pump station – discussed same with Engineer, wants to make sure he doesn't lose the grant money – partial dredging is problematic – there was discussion about County contribution, as that lake is surrounded by County roads, which drain into it – Engineer sent letter to County and really have to gear-up on that – would like to see that contribution issue as part of the bond – was in capital budget for 2015, not 2014) was not privy to capital budget, as it was being constructed – asked why it was not put in 2014 and if this was less important than buying a piece of property and bailing out Fulton Bank – lake will not see any meaningful dredging until 2015 because Finance Committee decided to put bonding into capital budget in 2015, as opposed to 2014 – knews what it cost to dredge Lake of the Lillies and Lake Louise and worked with DEP to get that done – Mr. Gertner got 16% County contribution for Lake of Lillies – should have been out there hammering on them to get this done from the start of dredging talks about a year ago (Councilman Vogel: asked about County Engineer’s response to this request during Mayor’s annual meeting with him; Councilman Reid: met with DEP and District 10 Legislative leaders – application is in and moving; Councilman Gordon: asked if grant money could be used to work on valve instead of dredging portion of lake; BA/CFO Riehl: grant is specifically for sediment removal and tied into Sandy – will be lost if not spent by year’s end; Councilman Gordon: asked if new application monies could be dovetailed with current funds, so efforts could be ongoing; BA/CFO Riehl: have applied for EIT loan financing and have an application with FEMA for hazardous mitigation funding – Engineer must address some areas of concern with our EIT application; Councilman Vogel: asked about meeting with State DOT about Route 35’s drainage into the lakes; BA/CFO: met at least twice with State, who acknowledged the problem – said it had to go through State budget – County agreed to talk to us with cost sharing – in the past, PPB had to spend the money first and provide County with documentation for reimbursement).

Business Administrator/Chief Financial Officer Riehl: met with Brick MUA and PPB Engineer on water quality issues – have installed the necessary equipment and started the chemical feed last Thursday – Brick will provide weekly samplings from affected areas at no cost – they have changed their corrosion inhibitor, which we did not know about until yesterday – both of those, coupled with water model plan to address valve exercising and long-term infrastructure will remedy the current water quality situation; were concerns about NJ Transit (NJT) rail gate remaining down and causing traffic problems – NJT has made adjustments to signalization – supposed to meet with them tomorrow at 1PM, when train comes through (Councilman Cortes; asked if water quality problem has gotten any better) it has gotten better with increased summer usage – no new complaints in a month or 2, but moving forward.

Deputy Clerk Farrell added items to agenda.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)
BEGAN AT 8:24PM.

Thomas Burckhardt, Point Pleasant Beach (PPB): personally received complaints about rusty water at Maryland Avenue within the last two weeks – not like it was, but still not acceptable (Councilman Reid: asked that Mr. Burckhardt keep himself and BA/CFO Riehl in the loop and report complaints to her immediately); showed pictures of graffiti in back of the 7 Eleven (Councilman Reid: asked that someone be sent over to paint it tomorrow).
Susan Dietz, PPB: lived in town for 44 years – aggravated by condition of sidewalks in certain areas of downtown with cigarette butts everywhere – asked Council to come up with a solution – maybe an ashtray outside those businesses – is a member of the Beautification Committee, which recognizes stores that maintain their properties – some storeowners don't care – perhaps it should be in their lease that they must sweep every morning – some areas look so shabby, it’s a matter of pride (Mayor Barrella: asked Councilman Reid to speak to Chamber about smoking poles; Councilman Reid: will address with Chamber’s executive board – will also address weeds; BA/CFO Riehl: group got together last year to pull weeds) did much of Arnold Avenue by herself last year – doesn't have to be done every day (BA/CFO Riehl: it is the responsibility of merchants to keep the area in front of their establishments clean; Mayor Barrella: asked that Code Enforcement look into same).
Vince Castin, PPB: spoke about dredging – got $350K grant to do 1/2 the lake – serves no value and is a waste of time – need to include pump station – been talking about this for more than 2 years – lake is in desperate condition – no wildlife left – it used to be a viable lake – can’t see piecemeal stuff working, if we only do 1/2 and wait a year, that 1/2 will fill up again – doesn't make sense that we can't come up with funding for something this important (Councilman Reid: PPB application is on top of the pile – this is just part of the puzzle – will get done – might have to bond for it next year if we get bypassed; BA/CFO: going to address the entire lake – spoke about this issue with the Borough Engineer – not the same issues as the other lakes – there were contamination issues on the western section of this lake, so money is better spent addressing the eastern portion; Councilman Mayer: EIT application is not complete – expects it will be approved this year and go to financing next year – asked BA/CFO to speak with County Clerk; Councilman Vogel: suggested that the Borough Engineer attend the next meeting to explain it); asked about Army Corps dune project as it pertains to the business area.
Dave Cavagnaro, PPB: asked about item 5/D (Mayor Barrella: explained objection to using condo mechanism to circumvent zoning laws instead of using variance procedure; Attorney Riordan: pertains to condominiums made from detached buildings on property) each individual would have to go before the BOA anyway – a level of administration that will slow down and complicate a process that, in the long run, is better for taxpayers, from a financial point of view; asked about 1/O and who determined that the building was uninhabitable (Councilman Reid: Engineer's recommendation); asked about one of the DPW appointments and if the Jett Foundation parade was new; asked about particulars of SRO agreement (one year term).

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)
ENDED AT 8:53PM.

Motion by Councilman Vogel, to adopt resolutions listed below, was seconded by Councilman Cortes and carried by roll call vote. Attorney Riordan: regarding item 2/J, ABC is questioning whether the PPB proximity ordinance applies to a state issued license – ABC Director wants a simple thumbs up or thumbs down.
CONSENT RESOLUTION 1:
a) Authorization for Administrator to execute license agreement for 2 Delaware Ave
b) Opposition to HUD diversion of Sandy Funds
c) Lateral transfer of P. Brundage to parallel Civil Service title
d) Provisional promotions of J. Popp & T. O'Connor to position of DPW Repairer
e) Provisional promotion of W. Crate to position of Motor Broom Operator
f) Provisional promotion of K. Napalo to position of Building Maintenance Worker
g) PO to Carman Dodge for replacement police vehicle ($25,500 - partially reimbursed)
h) Waive $2,500 tapping fee for water main switch at 101 Broadway
i) Payment to T&M Associates from Planning Bd, BOA & developer escrow accts ($3,571)
j) Payment to Pt. Pleasant Bicycle for police bikes, parts & repairs ($5,194.09)
k) Payment to All Time Auto Body for police vehicle repair ($14,463.15 - all/partially reimbursed)
l) Payment to Winner Ford for police vehicle ($37,699)
m) Payment of insurance opt out ($2,500)
n) Payment to Coded Systems for code updates and supplements ($9,470)
o) Payment to NJ Natural Gas for disconnection at 1 Ocean Ave ($2,184.81)
p) Appointment of seasonal P/T DPW Laborer
q) Payment to United Computer for 3rd Quarter service ($2,550)
r) PO to Water Works Supply Co for curb stops & corporations ($2,695.74)
s) Payment to Ocean County Treasurer for 3rd Quarter tax levy ($2,391,123.63)
t) Memorialize approval for PPBHS S/E application for concert on 7/28
u) Payment to HD Supply Waterworks for water meters ($15,200)
v) PO to Winner Ford for dump trucks ($119,095)
w) Payment to Hunter Technologies for annual support & maintenance contract ($2,997)
x) Payment to Galvin Law Firm from Planning Bd & BOA escrow accounts ($3,552.50)
y) Payment to Devo & Associates for 3rd Quarter airtime ($6,984)
z) Payment to Henry Mancini & Associates for tax appeal appraisals ($12,940)
CONSENT RESOLUTION 2:
a) Payment to Denise Sweet from Planning Board escrow account ($200)
b) PO to Custom Environmental Technology for water corrosion inhibitor ($4,205)
c) PO to Utility Supply of America for water system corrosion equipment ($3,094.26)
d) Project Grad. S/E appl. for Town-wide Garage Sale 10/4 (rain: 10/5), waiving permits
e) Jett Foundation S/E application for parade on 8/15
f) Payment to State of NJ for August employee & retiree health benefits ($128,235.07)
g) Authorization for Engineer to file loan application with NJDEP/NJEIT for Little Silver Lake drainage and for Administrator to act as project representative
h) PPB Recreation Committee S/E application for Family Fishing Night on 8/23
i) Payroll #15 ($330,387.36)
j) Authorization for Borough Clerk to draft letter to ABC Re: Domenico Winery application
k) Memorialization of approval of Change Order (>20%) to D’Erasmo Excavating
l) PPB Recreation Committee S/E application for archery class on 8/8
m) Appointment of J. Monticello to Summer Recreation Program
n) Appointment of 3 Seasonal P/T Communications Operators
o) Release of dune bond to Venditti/1808 Beacon Lane ($500)
p) Undertaking of continuing disclosure review & authorization to participate in US SEC’s MCDC Initiative
q) Authorization for Administrator to accept NJ Transit’s offer for property at New Jersey & Washington Aves & for Attorney to work with NJ Transit on execution of documents
r) Payment to Louis Berger Group for public assistance services 5/13-1/14 ($28,015.20)
s) PO to L3 Mobile-Vision for in-car video systems, installed, for police ($35,898.72)
t) PO to NJ Business Systems for wireless license plate recognition for police ($18,228)
u) Refund tax appeal for 1 Ocean Ave ($4,359.24)
v) Payment to McKeon Electrical Services for light repair at Pleasure Park ($4,790)
w) Chapter 159 – Little Silver Lake Sediment Removal ($351,000)
x) Authorization to proceed with Little Silver Lake dredging, using NRCS grant funding
y) PO to Dane Deforest Demolition for demo of Water/Sewer Meter & Well Bldgs. ($12,000)
z) Payment to Martin A. Ackley Assoc. for Boston Ave Coring & Testing ($650)
CONSENT RESOLUTION 3:
a) HELD
b) Annual contribution to Fire Companies & First Aid Squad ($74,500)
c) Payment to Brick Utilities for June bulk water usage ($95,076.73)
d) Computer-generated vouchers ($2,785,040.46)
e) PO to Bauer Gen Systems for generator for Ocean Fire Co #1 ($17,661.20)
f) REMOVED
g) Approval of hand checks ($53,203.18)
h) Payment to M. Woszczak Contractors for hydrant replacement on Baltimore Ave ($3,850)
CONSENT RESOLUTION 5:
a) Authorization for Borough Administrator to execute contract with PPB Bd of Ed concerning SRO (Closed Session)
b) Approval to enter into contract with State PBA for Officer Andreyev, as discussed in Closed Session (Closed Session)
c) Authorization for Borough Clerk to execute Proof of Loss, as recommended by our consultant, Louis Berger (Closed Session)
d) Support of legislation banning undersized lot subdivision by creation of condominium form of ownership
VOTE CONSENT RESOLUTIONS 1, 2 and 5: Council Members Reid, Cortes, Vogel,
Mayer, Gordon, Toohey (all but item 2/J)….YEA
Councilman Toohey (Item 2/J only)….ABSTAIN
VOTE CONSENT RESOLUTION 3/Items B & E: Council Members Reid, Cortes, Mayer,
Gordon, Toohey….YEA
Councilman Vogel….ABSTAIN
VOTE CONSENT RESOLUTION 3/Item C: Council Members Reid, Cortes, Vogel, Gordon,
Toohey….YEA
Councilman Mayer…..RECUSE
VOTE CONSENT RESOLUTION 3/Items D & G: Council Members Cortes, Gordon,
Toohey….YEA
Council Members Reid, Vogel and Mayer (all except those items with which they have a
conflict)….YEA
Council Members Reid, Vogel and Mayer (those items with which they have a
conflict)….ABSTAIN
VOTE CONSENT RESOLUTION 3/Item H: Council Members Reid, Cortes, Vogel, Mayer,
Gordon, Reid….YEA

Motion by Councilman Gordon to table RESOLUTION 4 (Authorization to draft ordinance for handicap parking spot at 107 Atlantic Avenue) was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Council Members Cortes, Gordon, Toohey and Mayor Barrella….YEA
Council Members Reid, Vogel, Mayer….NAY

Ordinance 2014-23 (Refunding Bond Ordinance) was considered on second reading. The public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Mayer to close the public hearing and adopt Ordinance 2014-23 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Council Members Reid, Cortes, Vogel, Mayer, Gordon, Toohey….YEA

PUBLIC PARTICIPATION PERIOD WAS OPENED AT 8:59PM.

Dave Cavagnaro, PPB: thanked Attorney Riordan for response on 2-strike landlord exemption; questioned need for additional police on Monday afternoon and was told it would be investigated (Chief O’Hara: re-staffed weeks ago – been quieter the last few weeks) asked why Council hasn't asked the bars what they are doing differently on Monday afternoons to require additional police for alcohol-related incidents – asked if Stripper/Clipper event had come back or some other event – asked why Boardwalk isn't paying for these extra police services (Mayor Barrella: confirmed that Mr. Cavagnaro’s point is that there is less coverage in other areas because of the reallocation; Chief O’Hara: yes – on Sundays, for the most part – this is not new – have reallocated in the past, as needed – majority of problems are coming from Tiki Bar on a Monday); asked about cost of weekend vacuuming by DPW and stated that Boardwalk should pay for it (Councilman Vogel: no way of knowing who is responsible for the garbage – whether it’s beach/boardwalk people or rentals; Councilman Reid: has seen people empty their cars, which has nothing to do with the Boardwalk; Councilman Cortes: Boardwalk sends their people out to clean – similar situation to what Mrs. Dietz brought up – we are a tourist town – unfortunate that they drop garbage, but it happens) – asked, if Boardwalk is cleaning, why PPB is sending the DPW out to do it; asked if any summons have been issued on Ordinance 2014-04 / front lawn parking (Chief O’Hara: don’t have exact numbers, but not many).

PUBLIC PARTICIPATION PERIOD ENDED AT 9:09PM.

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

Meeting was adjourned at 9:10PM.


TRANSCRIBED BY: Maryann Ellsworth, Municipal Clerk

ATTEST: Eileen Farrell, Deputy Clerk


Published August26, 2014 | Council Minutes | 1934


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