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October 7, 2014

Council Minutes

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:38PM. Present were Councilmen Reid, Cortes, Vogel, Mayer, Gordon and Toohey. Mayor Barrella arrived during closed session. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Vogel, to enter closed session to discuss 1 personnel matter (Municipal Clerk’s retirement) and 1 contract negotiation/potential litigation matter (Wallace - Boardwalk construction project) 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 and Toohey…..YEA

Closed Session began at 6:40PM and ended at 6:54PM.

Mayor Barrella called the regular meeting to order at 7:33PM. Present were Mayor Barrella and Councilmen 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 Toohey, to approve the September 16, 2014 Council meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Mayer, Gordon, Toohey…YEA
Councilman Vogel…ABSTAIN

Department Head memos were discussed. Curb cut requests, with modifications indicated by ZO Petrillo, were added to the agenda - 9 Niblick as item 2/j, 324 Elizabeth as 2/k, 304 Washington as 2/l - authorization for Clerk to send notice regarding removal of structure was added as 2/m and authorization to amend fire lane ordinance and introduce by title as 2/n. Best Practices Worksheet was discussed, with #39 (elimination of payments in lieu of health benefits) to be explored through union negotiations.

Deputy Clerk Farrell announced items to be added to the agenda.


Councilman Reid: addressed item 2/b – gutter guards to the gutters surrounding Lake of the Lillies were requested by neighbor who witnessed garbage going down the drains

Councilman Cortes: demolition of 1 Ocean Avenue is almost complete; Engineer has reached out to Barlo & Associates – goal is for Risden’s property to be ready to lease before next summer – lot will be restriped to gain 8-10 spots; recognized employee anniversaries: Frank Graziano, Jason Headley, Ed Markey, Bill Popp, Ita Brown, Karen Mills, Paul Brundage and Bill Dwyer.

Councilman Vogel: Making Strides Against Breast Cancer walk is October 19th – suggested all give themselves extra travel time (BA/CFO Riehl: is meeting with them tomorrow, if there is anything that Council would like addressed; Councilman Reid: asked that recycling cans be put out; Mayor Barrella: asked about noise complaints around the PA system; Chief O’Hara: will ask that they keep the volume down); police department received grant for bullet proof vests – great work in getting the funding and ensuring the safety of officers; thanked BA/CFO Riehl for work on northbound trains blocking tracks and impacting traffic flow – acknowledged that there have been some improvements and NJ Transit has been responsive.

Councilman Mayer: Finance Committee met tonight – got an update on summer revenue – discussed Recreation Committee’s credit card payment proposal (BA/CFO Riehl: would be a benefit – everything is going automated – but there are a lot of State and Governing Body regulations – it’s covered under Local Public Contracts Law, which would require competitive bids or quotes from other companies – requires more research – can maybe have something at the next Council meeting); also reviewed the audit and Best Practices Worksheet.

Councilman Gordon: met with the Board of Fire Officers – have completed bail out training – all personnel are now certified; Food Network was scheduled to come to town to film a young boy with regard to Fire & Police personnel – a feel good story about hometown heroes – will get a debrief and report back at the next meeting.

Councilman Toohey: asked that he be informed about any future Army Corps or Attorney General meetings on the dune project (BA/CFO Riehl: will copy everyone).

Mayor Barrella: Army Corps had a pre-construction meeting on September 25th – he expressed objections to some minor changes and cutbacks – he and AAG Apy spoke about need to draft local ordinances for what will now be 50’ strip of State-owned land in front of private homes – Jenkinson’s, Risden’s, etc., will regulate what's in front of them – regulations for individual homeowners are needed – reiterated issues brought up at last meeting – would like Attorney Riordan’s opinion on whether this is needed (Councilman Toohey: concerned about trying to lump everything into one ordinance – putting cart before the horse; Councilman Reid: asked if there are ordinances on the books already; Attorney Riordan: will prepare a memo describing how current ordinances would work and what they cover; Councilman Vogel: wants Chief O’Hara’s input on enforcement issues) believes it's PPB’s responsibility to maintain the State-owned land – doesn’t think Council could, ethically and morally, make it the responsibility of the homeowner (Councilman Toohey: anything not within the 7-year planning cycle is the responsibility of the Borough, in terms of maintenance; Attorney Riordan: right – they are referring to the maintenance and protective nature of the dune – would not supersede Borough’s dune ordinances which mimic CAFRA regulations – most of what’s been going on for 100 years is really not going to change – if it does, can take action specific to that evil) Army Corps will put in 18 walkovers – Council must decide what they will look like – permanent structures, roll-out mats, etc. – Corps is paying for initial ones up-front – should discuss with Engineer Savacool, as Borough would be responsible for replacing them if they wash away (Attorney Riordan: they are about $15-20K each) initial ones should have a reasonably long shelf life, if maintained; BA/CFO Riehl: they are going out to bid in November – need a 30-day review on bids – hope to award in late-December or January and, weather permitting, start in late March/early April – where it will start is the contractor’s preference; Councilman Toohey: asked if they can go out to bid before they have all easements; Attorney Riordan: State has a number of tools by which they can acquire land to do this project – they will use those tools as they see appropriate, to make sure they have the go-ahead) can put the bid out, but they can’t award it – anything would have to be done, in that regard, in the immediate future; had a great day on at the Seafood Festival – phenomenal event – important for Chamber and PPB, but a hardship for some Arnold Avenue and Bay Avenue shop owners – Chamber shuts them down and they cannot function that day – has created tension between shop owners and the Chamber and between Chamber members – if street is closed down, shop owners should be allowed to set up a stand, but there is an ordinance that prohibits it – Chamber needs to be more flexible – should look at suspending the ordinance which prohibits sidewalk sales that day (Chief O’Hara: would have to be limitations for emergency services – one of the only avenues for Police, First Aid, etc., is to travel the sidewalks behind the stands, because the street is so crowded, you can’t move) must limit booths from encroaching on sidewalks (Councilman Reid: as Chamber liaison, will meet with Chamber on these issues; Councilman Vogel: maybe it's best that the meeting be held here with Chamber, Police, DPW, Administrator, etc., providing an avenue for people to address concerns now, looking forward to 2015 event) Borough employees, who have a lot going on that day, can't be put in the middle of this.

BA/CFO Riehl: Army Corps has hired a company that will be in town in October doing beach profiling surveys – will pull a survey sled in water, towed by pick-up truck on beach – police department has been alerted – should only take a couple of days in PPB; received estimates on storm drain cleaning for St. Louis and Yale Avenues – will be on next Council meeting; valves installed by County on Yale & Baltimore weren’t sealed properly – County corrected the seals – new valve is being put in at the end of the pipe at Randall; tax sale is Friday at 10AM.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)

Vince Castin, Point Pleasant Beach (PPB): asked about description in item 1/d (BA/CFO Riehl: “corporations” are valves), 1/t (BA/CRO Riehl: for credit card processing on parking machines), 2/e (BA/CFO Riehl: to start the permitting process for the dredging of Little Silver Lake), 5/b (BA/CFO Riehl: have agreement with County to screen, haul and dispose of our sweepings through our Schedule C contract).

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading)

BA/CFO Riehl: clarified that what is being approved in item 1/x is the revised scope of service, totaling $51,700. Motion by Councilman Reid to close public participation and approve items listed below was seconded by Councilman Cortes and carried by roll call vote.
a) Authorization to advertise RFPs for professional services for 2015
b) Increase in hours worked for Deputy Clerk/Deputy Registrar
c) Salary adjustment for Clerk’s Assistant for passage of course leading to certification
d) Payment to Water Works Supply Co for curb stops & corporations ($3,373.14)
e) Refund overpayment of taxes for 20 Harborhead Dr ($2,397.69)
f) Payment to Galvin Law Firm from BOA & Planning Bd escrow accounts ($2,425)
g) Payment to Dell Computer Corp. for police computer ($5,558.34)
h) PO to All Covered for internet connection, cable runs and software ($4,107)
i) Payment to Eagle Point Gun for police ammunition ($1,796.12)
j) Special Event application for PPB HS Homecoming Parade on 10/24/14
k) PO to Nolze Garage Door for garage door openers at W/S plant ($3,120)
l) Payment to Nolze Garage Door for garage doors at W/S plant ($3,990)
m) Payment to Denise Sweet from BOA escrow accounts ($400)
n) Payroll #19 ($288,797.11) & Payroll #20 ($269,195.38)
o) Elks Petition to Extend ABC Licensed Premises for tailgate party on 10/19/14
p) PO to Baker Equipment Co for bucket truck repairs ($5,000)
q) Payment to Hertrich Fleet Services for Jeep for building dept ($17,093)
r) Release of (2) dewatering bonds ($1,200)
t) Payment to Devo & Associates monthly airtime ($3,000)
u) Release of road opening bond for 53 Harvard ($1,000)
v) Records disposal request, in accordance with NJ DARM retention schedules
w) Payment to T&M Associates from Planning Bd escrow accounts ($726.50)
x) T&M proposal/scope of service for 1 Ocean Ave and Inlet Area Improvements
y) Social Affair Permit application for St. Mary’s By the Sea event on 11/01/2014
z) Payment to State of NJ for employee health benefits ($100,776.62)
a) Authorization to execute Prosecutor Shared Services Agreements – DWI Enforcement
& Drug Rehab Expert Callout
b) Authorization to purchase 8 gutter guards from Campbell Foundry ($1,400)
c) Payment to NJ DCA for 3rd Quarter training fees ($5,238)
d) Accept annual audit for 2013
e) Payment to NJ DEP for application for improvements to Little Silver Lake ($11,200)
f) Authorization for Engineer to prepare NJDOT Local Aid Grant for Harvard Ave from Riverside Pl to Chicago Ave
g) Authorization to execute contract for e-waste recycling services through December 2014
h) Authorization to bid for Valve Exercising Program and Water System Force Account
i) PO to All Covered for Ethernet switches/connections ($8,850) – added by BA/CFO
j) Curb cut request for 9 Niblick St – from dept. head memos
k) Curb cut request for 324 Elizabeth Ave – from dept. head memos
l) Curb cut request for 304 Washington Ave – from dept. head memos
m) Authorization for Clerk to send notice to remove structure, 56 Sanborn – from dept. head memos
n) Authorization for Clerk to draft amendment to Fire Lane Ordinance, with 3 amendments, & introduce by title tonight – from dept. head memos
o) Authorization for Atty & Engineer to negotiate final payment to Wallace – from closed session
a) PO to Defender Emergency Svcs for thermal imaging camera for Fire Co #2 ($4,125)
b) Payment to Ocean Fire Co #1 for generator pads ($2,500)
c) Payments (2) to First Due Training for escape training/equipment - Fire Co #1 ($8,240.40)
VOTE: Councilmen Reid, Cortes, Vogel (all of resolutions 1 & 2), Mayer, Gordon, Toohey...YEA
Councilman Vogel (all of resolution 3)…ABSTAIN

Motion by Councilman Toohey to approve items listed below was seconded by Councilman Vogel and carried by roll call vote.
a) Hand checks, August & September 2014 ($52,032.21)
b) Computer-generated vouchers ($1,207,976.42)
VOTE: Councilmen Reid*, Cortes*, Vogel*, Mayer (items 4A & those items in 4B that do not pertain to BTMUA), Gordon*, Toohey*...YEA
Councilman Reid*, Cortes*, Vogel*, Gordon*, Toohey*…ABSTAIN
Councilman Mayer (item in 4B that pertains to BTMUA)…RECUSE
*Per Borough Attorney, assume usual abstentions on items with which Councilmen have conflicts.

Motion by Councilman Vogel to approve items listed below was seconded by Councilman Cortes and carried by roll call vote.
a) Payment to BTMUA for bulk water usage ($119,158.76)
b) Payment to Ocean County Road Dept for Schedule C sweepings ($11,933.42)
c) Authorization to execute OC Recycling Center Use & Revenue Sharing Agreement
VOTE: Councilmen Reid (items 5/a & c), Cortes, Vogel, Mayer (items 5/b & c), Gordon, Toohey...YEA
Councilmen Reid (item 5/b)...ABSTAIN
Councilman Mayer (item 5/a)…RECUSE


Ordinance 2014-24 (Amend Fire Lane Ordinance) was introduced by title on first reading. (Attorney Riordan: to add River Vista to list of fire lanes, change description of fire lane at Cedar and add a sign at end of River Vista, indicating the area is closed to minors 10PM-6AM.)
Motion by Councilman Vogel to approve Ordinance 2014-24 on first reading was seconded by Councilman Reid and carried by roll call vote. Public hearing will be held on October 21, 2014.
VOTE: Councilmen Reid, Cortes, Vogel, Mayer, Gordon, Toohey…YEA


Dave Cavagnaro, PPB: on behalf of Ocean Avenue resident, suggested using reverse 9-1-1 to announce special events, directing to web site for information; asked if anyone has offered to rent just Risden’s bathhouse or if it’s always been a package deal, if town monitors utilization of the bathhouse, for cost of rehabilitating Risden’s building, and the status of garbage bag program.
Vince Castin, PPB: asked if sand under boardwalk was discussed as part of dune project.


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

Meeting was adjourned at 8:40PM.

ATTEST: ____________________________________
Eileen Farrell, Deputy Municipal Clerk

Published October22, 2014 | Council Minutes | 1973

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