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December 2, 2014

Council Minutes

Mayor Barrella called the meeting to order at 6:34PM. Present were Councilmen Reid, Cortes, Mayer and Gordon. Councilmen Vogel and Toohey arrived during Closed Session. The Deputy Municipal Clerk read the notice indicating compliance with Open Public Meetings Act.

Motion by Councilman Mayer, to enter closed session to discuss 1 Personnel matter (police), 2 Litigation matters (Paolella & State vs. Walsh) and 1 Contractual matter (Risden’s), was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Mayer and Gordon …YEA

Closed Session began at 6:36PM and ended at 7:32PM.

Mayor Barrella called the regular meeting to order at 7:37PM. Present were 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 November 18, 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 with items added to the agenda.
Fire registration fee for multiple families that meet annual inspection requirements/ proposed ordinance 2014-27 was held until January (pending information from FO Mueller on why the fee was omitted originally, the reason for the request and what other towns are doing).
Re-designation of handicapped spot at 206 Forman/proposed ordinance 2014-28 was held (spots should be evaluated biannually, not piecemeal; Clerk’s office should send letter to affected residents, asking if they still need the spots and removals should be coordinated with the contractor’s restriping in May; ordinances can be consolidated and renewed annually).
Curb cut requests: 6 Water St. was held until next meeting, pending information from ZO Petrillo (owner wants 20’ – she recommends 13’ – ordinance allows 16’); 336 Curtis Ave. approval was added as Resolution 3 (recommendations are ambiguous with Planning Board approval of 24’); 154 Baltimore Ave. was added as Resolution 4 (unclear recommendation – consensus is 16’).

COMMITTEE REPORTS:

Councilman Reid: commended Mayor Barrella on tree lighting – great event with hundreds of people – horse & carriage every Sunday is a nice touch; dredging at the lake tomorrow; looking at next year's boards & commissions – asked that “The Patch” direct e-mails & calls to Councilman Vogel (Mayor Barrella: Planning Board and Open Space are Mayoral appointments); acknowledged Mr. Cavagnaro for dealing with vandalism on Thanksgiving.

Councilman Cortes: asked BA/CFO Riehl about Cooks Ln. building (being taken down); reviewing Sea Coast Oil property file; Beautification Committee did a wonderful decorating job; acknowledged December employee anniversaries: Patty Kile (1 yr.), Linda Crique (1 yr.), Ned Martin (23 yrs.), Alan Tighe (16 yrs.), Kyle Grace (17 yrs.), Brian Larrison (17 yrs.).

Councilman Vogel: commended police for distributing Halloween candy to children and keeping them safe; reminded residents to visit businesses on south end of town – traffic flow is stopped due to Bay Head construction and business is hurting; storm drain on north side of Arnold & Bay is flooded – need to get leaves out before it ices over and becomes a safety hazard.

Councilman Mayer: Finance Committee is discussing the 2015 budget & 2014 wrap-up; asked Attorney Riordan for summary on State vs. Walsh (Attorney Riordan: parking ordinance was challenged by an individual who received a ticket for failure to properly display his paid receipt – lost in Municipal Court and appealed to Superior Court, where ordinance was orally ruled unconstitutional – Mr. Walsh suggested all fines collected by the Borough via this ordinance be refunded, per statute – Borough's filed a brief and the judge bench ruled that the Borough is not required to refund the money – Mr. Walsh has indicated he would appeal) Little Silver Lake lot signage has been corrected to indicate that receipts must be displayed on the driver’s side dash – would have been a very significant impact if refunds were required.

Councilman Gordon: asked how the Borough has fared with projected vs. collected parking revenues (BA/CFO Riehl: projected $1.8M – collected $2.04M to date – record year).

Councilman Toohey: No report.

Mayor Barrella: missed last meeting – was at NJ League of Municipalities conference lobbying for PPB – told the Senate Assembly Leadership that they skim more off the top than most organized crime families, in terms of taking municipal monies – State continually diverts our funds to balance its budget; ABC is working on revising Title 33 to allow restaurants to serve without a bar – would increase the number of places in PPB where one could get a drink and would impact BYOB’s – not much support for a wine and beer license – requested they build transparency into their inconsistent decision-making process.

BA/CFO Riehl: No Report.

Deputy Clerk Farrell announced items to be added to and removed from the agenda.

PUBLIC PARTICIPATION (agenda items & 1st reading ordinances only) BEGAN AT 8PM.

Vince Castin, Point Pleasant Beach (PPB): asked about Engineering Report on Trenton/Yale and about item 1/a (Attorney Riordan: AAG Apy asked that he attempt to negotiate supplementary agreements with beachfront property owners – was provided with forms by DAG’s office, which he provided to homeowners for their lawyers to sign – discussing whether Mr. Apy might require additional easements in order to accomplish his goal – he is happy with what the municipality is doing to provide the State what it needs – there is a conference call on it tomorrow – additional ordinances will need to be passed); curb cut approvals should be more consolidated.
Jeff Childers, 336 Curtis Ave., PPB: driveway is 24' and Planning Board approved 22’ curb cut – would be happy with 16’ approval, centered in front of the driveway.
Ron Reid, 154 Baltimore Ave., PPB: fine with 16' curb cut – wants it centered to his driveway (consensus to approve 16’, with redesigned parking spaces approved by ZO).
Councilman Cortes: commented on item 1/t – repair could have cost less if truck was inspected monthly; Councilman Mayer: asked about item 1/u (BA/CFO requested waiver based on extenuating circumstances) and 1/v (no information received by payroll, finance or Clerk’s offices – as season is underway, consensus to approve salaries not to exceed last year’s).
Motion by Councilman Reid to close Public Participation was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Vogel, Mayer, Gordon, Toohey…YEA

PUBLIC PARTICIPATION (agenda items & 1st reading ordinances only) ENDED AT 8:26PM.

Motion by Councilman Reid to approve items listed below was seconded by Councilman Toohey and carried by roll call vote.
CONSENT RESOLUTION 1:
a) Chapter 159 – Shore Protection Project
b) Establishment of Reorganization Meeting date of 1/1/15 at 1PM
c) HELD UNTIL NEXT MEETING PER FINANCE COMMITTEE [Award of contract to M. Woszczak – Valve Exercising/Water System Force Acct. ($254,213.10 - 2015, $162,763.30 - 2016, $164,063.30 - 2017]
d) Amusement games license renewals for Jenks Pavilion (15), Jenks South (22) and Boardwalk & Central Ave Associates (3)
e) Authorization to omit outstanding taxes accrued since purchase of 1 Ocean Ave
f) PO to Alarm Distributors for 2 receivers for Borough alarm system ($5,333.30)
g) PO to Jersey Elevator for replacement seal on elevator jack ($2,250)
h) Payments to T&M from BOA and developer escrow accounts ($5,447.20)
i) Appointment of S. Safeer to act in the absence of the Electrical Sub-Code Official
j) Payroll #24 ($284,007.21)
k) Payment to CDW Computer Centers for police equipment ($12,960)
l) PO to Water Works Supply for curb stops, saddles & buffalo base ($3,668.07)
m) Payment to Stavitsky & Assoc for 2011/2012 tax appeal refund ($13,380.68)
n) Payment to Galvin Law Firm from BOA escrow accounts ($1,610.00)
o) W/S adjustment for 10 Brunswick Place (-$1,434.19)
p) Rescind award of contract to Albert Marine for Little Silver Lake project
q) Award of contract to Earthworks, Inc. for Little Silver Lake project
r) Authorization for Attorney to execute consent judgment and order settling Paolella case
s) PO to Eagle Point Gun for police ammunition ($8,524.95)
t) Payment to Baker Equipment for bucket truck repairs ($7,370.47)
u) Authorization to waive water turn on fee for 47 Inlet Drive
v) Establishment of Recreation Basketball salaries (same as 2013)
w) PO to Harter Equipment for front end loader repair (NTE $3000) – Added by BA/CFO prior to meeting
CONSENT RESOLUTION 2:
a) Payment of computer-generated vouchers ($89,754.45)
b) Memorialization of approval for memberships in Ocean Fire Co #1 (3)
CONSENT RESOLUTION 3: Curb cut at 336 Curtis Ave. (16’) – Added from Dept. Head Memos
CONSENT RESOLUTION 4: Curb cut at 154 Baltimore Ave. (contingent upon 16’ cut, with redesigned parking spaces approved by ZO Petrillo) – Added from Dept. Head Memos
VOTE*: Councilmen Reid, Cortes, Vogel (all except 2/b), Mayer, Gordon, Toohey….YEA
Councilman Vogel (2/b)….ABSTAIN
*Per Borough Attorney, also assume usual abstentions on items in 2/a, etc., with which Council has conflicts.

ORDINANCES:

ORDINANCE 2014-25 (Second Hand Dealer Regulations) was introduced on first reading. Attorney Riordan: Council must choose between paragraphs on page 6 – first allows an individual, believing there is a hardship in holding his second hand goods, to bring them to the police for photographing and sell sooner than the ordinance otherwise allows – alternative makes the dealer prove it was a hardship during Municipal Court prosecution – Chief recommends the first; Chief O’Hara: provides ability to identify property right away by photographing and looking at it, before it has been disposed of, in case it is proceeds of a burglary – with fluctuating market, seller might want to get rid of it before its value decreases – not applied retroactively; Attorney Riordan: in general, municipality is immune from liability – been discussed with the Chamber and will be published – Ocean and Monmouth merchants are talking about it a great deal, so notice shouldn’t be a problem; Councilman Vogel: protects the merchants and community.
Motion by Councilman Vogel to approve Ordinance 2014-25, without the Alternate Option Paragraph C, on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on December 16, 2014.
VOTE: Councilmen Reid, Cortes, Vogel, Mayer, Gordon, Toohey…YEA

ORDINANCE 2014-26 (Amend Salary Ordinance) was introduced on first reading. BA/CFO Riehl: reduces non-union salary ranges for certain positions for 2015, based on Clerk Ellsworth’s upcoming retirement – Borough reserves the right to pay less and not increase low end; Councilman Vogel: based on workflow, going forward; Councilman Gordon: questioned where new number's came from – quite a reduction, especially in Deputy Clerk’s salary – paying a trusted employee like a pauper – questioned how the Borough can retain valued employees when sending this kind of signal – asked why this position is being lowered and not all; BA/CFO Riehl: to provide mechanism to pay for promotions in January – contracts expire in 2014 – no reason to change high end if Council chooses not to; Councilman Gordon: sending horrible message – ammunition for future councils to use this as a baseline – recommends keeping high-end number; Councilman Vogel: Personnel Committee is comfortable with these ranges – going into negotiations – this is the CFO’s recommendation – sending message that employees are being rewarded in a fiscally conservative way; Councilman Gordon: was never comfortable with these ranges – take care of employees.
Motion by Councilman Vogel to approve Ordinance 2014-26, as drafted, on first reading was seconded by Councilman Reid and carried by roll call vote. The public hearing will be held on December 16, 2014.
VOTE: Councilmen Reid, Cortes, Vogel, Mayer, Toohey…YEA
Councilman Gordon….NAY

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 8:44PM.

Dave Cavagnaro (PPB): appreciates the Reverse 9-1-1 call about Thanksgiving holiday; complemented DPW on leaf pick-up; asked about timeline for Barlo reports on Surf Taco building – asked about pursuing the Coast Guard building for use as tourist center, committee meeting hall or home for Historical Society – asked about 1 Ocean Ave. and informing public before decision is made – suggested temporary bathrooms and parking there.

Mayor Barrella: announced that retiring Municipal Clerk Ellsworth would be honored with a proclamation at the December 16, 2014 meeting – asked that this be published in “The Patch” and “Ocean Star;” asked Attorney Riordan about a formal e-mail from Attorney Gannon.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 8:51PM.

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

Meeting was adjourned at 8:51PM.


ATTEST: ____________________________________
Eileen Farrell, Deputy Municipal Clerk


Published February28, 2015 | Council Minutes | 2033


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