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December 16, 2014

Council Minutes

Mayor Barrella called the regular meeting to order at 7:36PM. Present were Councilmen Reid, Cortes, Vogel and Mayer. Councilmen Gordon and Toohey were absent. The Deputy Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Moment of silence was observed for long-time resident, Doris Baker, who passed away.

Motion by Councilman Reid, to approve the December 2, 2014 Council meeting minutes, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Vogel, Mayer…YEA

Councilman Mayer: requested that Consent Resolution 1, with public participation, and oaths be considered after the proclamations.
Motion by Councilman Vogel to revise the agenda accordingly was seconded by Councilman Cortes and carried by roll call vote:
VOTE: Councilmen Reid, Cortes, Vogel and Mayer….YEA

Mayor Barrella announced he would read the proclamation for Detective First Class Patrick Petruzziello, who has taken a position with the Monmouth County Prosecutor’s Office, followed by the proclamation for retiring Municipal Clerk/Registrar Maryann Ellsworth.

PROCLAMATIONS were presented to Det. Petruzziello and Clerk Ellsworth by Mayor Barrella.

Mayor Barrella: congratulated Police candidates and families on joyous occasion – Borough is lucky – explained appointing process, driven by Civil Service and residency ordinance – one eliminated candidate is experienced and approaching the age of 35, after which one cannot be appointed a police officer in NJ – believes one does not lose residency based upon Sandy displacement – fundamental difference between voluntary and involuntary break in residency – assumes a conscious decision to disqualify particular individual – disturbed by PPB’s history of failing to hire a female police officer and comply with societal norms – Department is inadequately staffed – sees a need for additional hiring within 6 months or so – tonight’s actions will ensure the only female on the Civil Service list will not be a PPB police officer – embarrassing and wrong – not suggesting a female be hired in place of Officers Gippetti or Siculietano, but that Sandy be recognized as an abnormal event, affecting the PPB family – suggested Council is turning a blind eye to the problem – suggested that, in addition to the candidates considered this evening, Special Officer Blauvelt who has served PPB for more than 5 years, be hired – or she should be hired before anyone lower than her on the list – not suggesting she be given a job, just not denied an opportunity to earn one – convinced that, if she was a man with a similar service record, displaced under similar circumstances, Police leadership and Council would have viewed her involuntary interruption of residency differently – if called to testify before the Civil Service Commission or in court, would not hesitate to offer that opinion and testify truthfully on all relevant matters – expects the Borough, its officers and agents to behave, as always, in a professional manner – should he suspect retribution, he will contact the Civil Rights Division of the US Justice Dept.

PUBLIC PARTICPATION – Consent Resolution 1 items only – Began and Ended at 7:58PM, with no member of the public wishing to be heard.

Motion by Councilman Vogel to close public participation and approve items listed below was seconded by Councilman Reid and carried by roll call vote.
a) Appointment of Joseph Gippetti to the position of Police Officer
b) Permanent appointment of Police Officer Gary Siculietano
VOTE: Councilmen Reid, Cortes, Vogel, Mayer…YEA

Councilman Vogel: Joseph Gippetti was hired in 2008 as a Parking Enforcement Officer – now a Special Law Enforcement Officer Class II – was very active during Sandy and was among the first responders at the Mariner’s Cove fire, helping to rescue residents there – has done an outstanding job for PPB – glad to have him on board.

OATH OF OFFICE was administered to Police Officer Gippetti by Deputy Clerk Farrell.

Councilman Vogel: Gary Siculietano began as Special Law Enforcement Officer Class II in 2008 – in April 2013, was appointed on a provisional basis – has done an outstanding job for PPB – very active with DWI arrests – in May 2013, was the recipient of the Jason Marles DWI Award – last week, was recognized as being nominated for the Kimberly Smith-Ames DWI Prevention Award – was a first responder at the Mariner’s Cove fire, helping to rescue residents – been doing a great job – glad to have him continuing to work hard for PPB.

OATH OF OFFICE was administered to Police Officer Siculietano by Deputy Clerk Farrell.


Engineer Savacool: spoke about valve exercising – described how contracts are broken out – about 400 valves – 1/2 can be done this year, 1/2 next year (Councilman Mayer: confirmed with BA/CFO to award contracts for Proposals A & B, in an aggregate amount not to exceed $190K and instructed that Item 2/b be modified); explained findings of storm drain televising – suggested a program to excavate & repair 3 locations – assumes cost of @$15K – would mean digging up football field – must speak to Board of Education (Attorney Riordan: will discuss with Mr. Savacool) applied for and was denied DOT grant for repaving – recommends work on Trenton and Baltimore pipes be included as part of overall repaving/capital project (Councilman Reid: requested something in writing – meeting with DOT Commissioner on Thursday); prepared concept plans and architectural schematic for 1 Ocean Ave. – Open Space Committee had comments – looking forward to finalization – paving/ parking would not be funded as FEMA work – could be eliminated (Councilmen Vogel & Reid: requested park, swings, landscaping, benches, fitness equipment, information and bike racks be included; Councilman Reid: suggested concept/authorization to proceed to final design be approved) can move forward with building – at 75%, can come back and add to it (Attorney Riordan: suggested Building & Grounds Committee work on it); discussed Floodplain Management Committee – the more public members, the more points earned (Councilman Mayer: instructed BA/CFO to solicit volunteers and Deputy Clerk to add Council liaison appointment to Reorganization agenda) committee must hold public meetings before March deadline; briefly discussed dunes – going out to bid January 15 – easements must be secured before bids are accepted.


Councilman Reid: asked Engineer Savacool to discuss Little Silver Lake dredging (Mr. Savacool: project is broken into 2 pieces, pending funding – is about half finished – contract is 3,200 cubic yards – Ocean County Engineer Scarantino will include the County's fair share in next year's budget; Councilman Mayer: asked for a letter stating that).

Councilman Cortes: (all agreed to move curb cut considerations to Consent Resolution 2) – clarified that ZO Petrillo’s notes on the Baltimore one should say “center the driveway to the garage” (Councilman Mayer: she is recommending 14’ – thought we approved 16’ at the last meeting – suggested holding until next meeting and talking to ZO Petrillo – all agreed – no objection to moving the others).

Deputy Clerk Farrell announced revisions to items 2/a & 2/s and the addition of item 2/cc.

Councilman Vogel: asked for support of south-end businesses – asked Chief to reach out to Bay Breeze Taxi, not an annual license holder, who was soliciting at the train station; discussed Police appointments – thanked Chief O’Hara, Attorneys Riordan and Gannon, BA/CFO Riehl and Deputy Clerk Farrell – thorough process – e-mailed the Governing Body, including the Mayor, in November, explaining what was going on – candidates were vetted and interviewed with Police Committee & forwarded to Councilman Gordon from the Personnel Committee – crazy accusations have been thrown out – did what was best for community, based on recommendations – fortunate to have many strong Police candidates – proactively managing upcoming changes to ensure a fair and equitable process – continuing to improve policies and procedures – comfortable the right thing was done and on the right path – thanked Chief O’Hara for his hard work and perseverance – will continue to ensure the best possible candidates – outstanding job is reflected in the Department’s results, rapport and reputation – Governing Body supports Police administration (Chief O’Hara: appreciates support and validation of the process – displeased with earlier comments in front of the officers’ families, who were here for a high point in their careers – apologized to the families on behalf of the Police); Merry Christmas.

Councilman Mayer: directed any Council questions on the transfer and emergency resolutions on the agenda to BA/CFO Riehl; Merry Christmas.

Mayor Barrella: stands by his comments – there is a fundamental flaw here that people don't want to address – received memo from Labor Counsel with no citation – that's not a thorough process, but a whitewash – sorry Chief O’Hara and Councilman Vogel are upset, but he said what he said and he meant it; Merry Christmas.

BA/CFO Riehl: No report.

PUBLIC PARTICIPATION (agenda items & 1st reading ordinances only) BEGAN AT 8:49PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): disappointed that there is already a design for 1 Ocean Ave – had asked that it be shared with public prior to decision – asked what other committees besides Open Space got to the see or discuss the design – no parking means lost revenue – also, children would have to cross a busy street to get to the suggested swings and to bathrooms, so a playground or park would be dangerous; disappointed in how Coast Guard Station building is being handled; asked about pocket license; asked if heavy equipment could have damaged pipes at football field during re-sodding; brought up valve on Randall – street was under water the day before the rain – Baltimore was severely flooded the day of the storm – unacceptable to just accept the flooding – something must be done with the County or State about Rte. 35 flooding (Engineer Savacool will follow up on the possibility of a pumping station – if he doesn’t hear back, Mayor Barrella will follow up).
John Colvin, PPB: spoke 2 meetings ago – was present during Trenton Avenue pipe filming – asked if Engineer Savacool’s report mentions that the pipe could not be televised due to all the water in it – assistant from T&M observed silt on top of drainage pipe on the Spader property – that’s why the water is trapped in there – ground water is coming up through the bottom of the sewer pipe – assumes the storm drains are filling with ground water, when the tide rises, before the rain hits them – big problems – broken pipes under the football field and on Forman, with water propagating from the ground into the storm drains – maybe that's why Mr. Cavagnaro saw flooding on the street when there was no rain – lake dredging did a lot to remediate it – pulling out lots of beach sand – pump station would fix it – must look at pipes.
Anne Lightburn, PPB: would be wise for Council to approve just the building and location on the property at 1 Ocean Avenue, getting the bathrooms in there and waiting to see if parking is needed – lot of impervious coverage and a big expense; Environmental Commission and students did street-end plantings – asked how this ties into dune project – wants students to do a tree inventory also – they were happy to do what they did and they had a terrific day.
Vince Castin, PPB: asked Engineer Savacool if and when the rest of the lake would be dredged – north end being done now (Engineer Savacool: would propose the lake be drained and the whole thing be done in Phase II – asked how much longer first phase would last.

PUBLIC PARTICIPATION (agenda items & 1st reading ordinances only) ENDED AT 9:04PM.

Motion by Councilman Cortes close Public Participation and approve items listed below was seconded by Councilman Reid and carried by roll call vote.
a) ABC Person-to-Person Transfer of Europa South, LLC to JOR-MAR, Inc.
b) Award of contract to M. Woszczak–Valve Exercising/Water Syst Force Acct Proposals A&B, (aggregate amount not to exceed $190K) – Revised From Dept. Head Memos
c) Payment to State of NJ for December employee & retiree health benefits ($121,132.60)
d) Payroll #25 ($256,818.61)
e) Hand checks ($17,900.97)
f) Payment to Water Works Supply Co for curb stops, saddles, buffalo base ($3,467.12)
g) Payments to Brick MUA for October & November bulk water usage ($103,187.95)
h) PO to Oswald Enterprises for cleaning & televising storm pipes ($3,400)
i) PO to Devo & Assoc for 2 Pay-by-Space parking meters ($23,408)
j) Bench applications (2)
k) Payment to PPB Parking Revenue account for monthly credit card fees ($48,577.77)
l) W/S adjustments (3)
m) Approval of 20 vehicle licenses for Briggs Transportation LLC for 2015
n) Payment to Riggins, Inc. for gasoline and diesel fuel ($27,573.70)
o) Payments to Brick Cardiovascular Specialists for 26 police recruit tests ($6,500)
p) Payment to Plainfield Consultation Center for 14 police recruit psych exams ($4,550)
q) PO to Stalker Radar for installation of 2 systems in police vehicles ($5,825)
r) Transfer resolution
s) Emergency appropriation ($85,000) – Amount Revised Prior to Meeting
t) Payment to DeForest Demo for W/S meter & well bldgs demo/asbestos abatement ($17,000)
u) Payment to Meridian Health for 25 police recruit physicals ($4,675)
v) Authorization to execute Prosecutor’s Program (F.A.S.T) Shared Svcs Agreement
w) Memorialization of 2014 taxi license approvals
x) Renewal of ABC pocket license
y) Leave of Absence for F. Graziano
z) Request for curb cut at 6 Water Street – Added from Dept. Head Memos
aa) Request for curb cut at 107 Arnold Avenue – Added from Dept. Head Memos
bb) Request for curb cut at 201 Randall Avenue – Added from Dept. Head Memos
cc) Authorization to proceed to final design on 1 Ocean Ave – Added from Dept. Head Memos
a) PO to Nat Alexander Co for 11 Air-Paks, face pieces, etc. for Fire Co #2 ($66,289)
b) Payment to Nat Alexander Co for Air-Pak flow testing for Fire Co #1 ($2,549.77)
c) Computer-generated vouchers ($323,229.37)
VOTE*: Councilmen Reid, Cortes, Vogel (all except 3/a & 3/b), Mayer (all except 2/g) ….YEA
Councilmen Vogel (3/a & 3/b only) and Mayer (2/g only)….ABSTAIN
*Per Borough Attorney, assume usual abstentions on items in 2/c, with which Council has conflicts.


ORDINANCE 2014-25 (Second Hand Dealer Regulations) was considered on second reading. Public hearing was opened and closed with no member of the public wishing to be heard.
Motion by Councilman Vogel to close public participation and adopt Ordinance 2014-25, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Vogel, Mayer…YEA

ORDINANCE 2014-26 (Amend Salary Ordinance) was considered on second reading. Public hearing was opened and closed with no member of the public wishing to be heard.
Motion by Councilman Vogel to close public participation and adopt Ordinance 2014-26, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Cortes, Vogel, Mayer…YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 9:06PM.

Anne Lightburn, PPB: spoke about Borough’s lack of compliance with recycling in public places – hopes Council will commit to putting recycling containers, with all trash cans, before Easter – suggested stickers or magnets to communicate what can and cannot be included – would see positive revenue streams, especially with all of the tourists.
Dave Cavagnaro, PPB: requested an update on the Surf Taco building – asked why Borough is still working with Barlo if they have not yet signed a contract, if contract is predicated on maintaining building as-is, why not adding parking to generate revenue, if interested party is offering more than previous rent, if Council would consider a long-term lease.
Vince Castin, PPB: recited customary annual poem, entitled “Council Christmas 2014.”

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 9:28PM.

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

Meeting was adjourned at 9:28PM.

ATTEST: ____________________________________
Eileen Farrell, Deputy Municipal Clerk

Published February28, 2015 | Council Minutes | 2034

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