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January 20, 2015

Council Minutes

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

Motion by Councilman Reid to enter closed session to discuss one litigation matter (Monahan v. Point Pleasant Beach) and sale of public property (415 North Street) was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes …YEA

Closed Session began at 6:36PM and ended at 6:56PM.

Mayor Barrella called the regular meeting to order at 7:30PM. Present were Councilmen Reid, Migut, Toohey, Mayer, Cortes and Vogel. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Vogel, to approve the December 16, 2014 and January 1, 2015 Council meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Migut (01/01/15 minutes only), Toohey, (01/01/15 minutes only)
Mayer, Cortes, Vogel…YEA
Councilmen Migut and Toohey (12/16/14 minutes)….ABSTAIN


Attorney Riordan: explained the need for Ordinance 2015-04, to amend Borough Code 9-3.6, to clear up discrepancy with time limit parking on American Legion Way, between Routes 35 North and South (Councilman Mayer: because of a conflict in the ordinances, there was an incident with an illegally parked truck, which couldn't be ticketed because there was no signage). Authorization to draft the ordinance was added to the agenda as item 2Z.

Engineer Savacool: spoke about proposed plan for 1 Ocean Avenue, which he distributed to the Governing Body and bringing the concept of the bathroom back for a final ok – parking will not be funded by FEMA – eliminated all parking originally planned to make an unrestricted utility area for vendors, information tables, etc. – someone could park there if necessary, but it eliminates concern about the amount of pavement and reduces cost – unless there are other ancillary items, would like to move forward with finalizing design – not likely to be ready by summer – need finalized plans to go out to bid – contractor has to mobilize, etc. – spoke with BA/CFO Riehl about retaining trailer again this summer – first floor is below Base Flood Elevation (BFE) but building would be flood-proof – limits the ramps that would be necessary (Councilman Reid: asked BA/CFO Riehl what FEMA would be willing to give: BA/CFO Riehl: project worksheet would cover 90% if within budget – will cover actual costs as opposed to estimates but won’t cover extras, such as playground, etc.; Councilman Vogel: asked about natural lighting) spoke to architect about adding solar tubes, which adds quite a bit of natural light (Councilman Vogel: asked that schematics be put on the web site for public comment; Councilman Toohey: wants to discuss with Mr. Savacool the tie in of landscaping with Loughran Point and the vacated area; Councilman Mayer: asked about putting exterior cameras there – Chief recommended them) spoke about ways of flood-proofing the bathroom (Councilman Reid: asked Mr. Savacool to explain why bathrooms are being moved across the street) can't flood-proof a building in a V-zone – would have to elevate – ramping structures would be bigger than the building itself – more prudent to move (Authorization for Engineer to proceed with final design & bid documents for 1 Ocean Ave was added as Item 2AA).

Borough Engineer: showed Borough elevation map, illustrating how far a potential owner would have to go to achieve flood compliance – suggested different scenarios, if Governing Body is interested in revisiting height requirements as part of the DCA’s post-Sandy grants – Borough ordinance has sunsetted – State law is still in effect, which allows elevation of existing structures to comply with the BFE plus an additional 3’– recommends, utilizing those funds to revisit the last 2 years of Board of Adjustment (BOA) cases related to height to come up with ideas – what’s being built now will be here for generations.
Councilman Cortes: asked architect John Amelchenko, who he invited, to speak on this.
Mr. Amelchenko: deals with this daily up and down the coast – distributed handouts with architects' take on the issues of building in flood zone – finished floor height is most critical – current working maps, as adopted by the State are Proposed Base Flood Elevation (PBFE) – PPB is using the Advisory Base Flood Elevation (ABFE), which came out right after Sandy and is more restrictive – higher means safer but creates design and zoning issues – height variances are expensive, cause delays and crowd the BOA schedule – presented 6 examples (Mayor Barrella left the room briefly during this presentation, returning at 8PM) as flood zones change, ordinances do not have to – gave recommendations – 32.5’ from BFE to the ridge in A-zone buildings, 35 feet in V-zone – non-flood zones measured as now, from top of curb to ridge – recommended a minimum roof pitch – look at creative ways to get the buildings to look good, aesthetically (took questions from the Governing Body).


Councilman Reid: met with BA/CFO Riehl, DPW Super. Trout and Environmental Commission Chair Lightburn, about recycling bins – have some out now – Mr. Trout will try to retrofit the tops so garbage can't be thrown in or we will purchase new bins for wherever there are garbage cans.

Councilman Migut: Animal Welfare Committee did not meet in January – will meet in February – dog licenses are up for renewal – $10 late fee in February – will investigate Fur Alert system for reporting lost pets on the Borough web site; gave year-end Building Department report – $889,826.17 in revenue, which is up more than $61K over last year – Planning Board met & reorganized – Mr. Highton is the new Chairman – Master Plan Subcommittee was formed of Glen Paesano, Tom Highton and himself – the Planner, Martin Truscott, forwarded a rough draft of the reexamination plan and amendment – no applications were heard – Non-Resident Taxpayer Advisory Committee is looking for speakers for July meeting.

Councilman Toohey: attended his first Board of Fire Officers meeting – thanked AJ Fox for his service – have new leadership – trying to get policies underway with regard to the safety and legal standing of their Cadet and Junior members – will get Attorney Riordan involved – County is going to different radio frequency system – long term concern.

Councilman Mayer: Finance Committee met tonight – BA/CFO Riehl closed 2014 and opened the books for 2015 – preparing Annual Financial Statement – County offered to contribute to Little Silver Lake – asked Engineer Savacool to confirm a 50% loan forgiveness and to lobby the County Engineer to move contribution to fiscal 2015 to use as an offset in bond ordinance, as it will be a fairly large project – BA/CFO Riehl is lobbying the County CFO as well; thanked the Historical Society for letter on the Coast Guard Building – BA/CFO Riehl has a report put together by Coast Guard for the State Historic Preservation Office – Memorandum of Understanding between Coast Guard & DEP requires certain standards – will be a historic covenant on the building – described the process for acquiring the building – several years – got a URL for Coast Guard Property Maintenance & Disposition Manual – lot of issues – welcomes input on the ultimate use (Councilman Reid: been working with Congressman Smith's office – will vote on a resolution tonight to start the process for Federal funds); asked Engineer Savacool about Item 2U (Engineer Savacool: PPB water comes from BTMUA – not sure if our corrosion inhibitors had a positive effect, or if it was Brick’s, but Water Super. Broyles would like to continue, as necessary).

Councilman Cortes: close to agreement on Risden’s property (Attorney Riordan: received draft from Barlo – will make changes by Friday); tree was trimmed at gazebo (Chief O’Hara: can visualize the building and activity around it can be recorded now); pump station is cleared – holding on that property; reviewing Sea Coast Oil property issues – Borough Engineer has some recommendations on further testing; Beautification meets January 27th with a couple of new members – recognized employee anniversaries: E. Farrell (11 years); W. Crate (19 years); R, Dikun (26 years) and D.O’Neill (16 years).

Councilman Vogel: Home & Garden Channel had great program on Sunday night – “Beachfront Bargains” about PPB with James Ward of Ward Reality – outstanding job – fantastic publicity; asked Chief O’Hara to look into parking on Trenton Avenue, west of Bay Avenue, and if signage is correct – Board of Education asked that it be addressed for sporting events when parking is at a premium; attended Ocean County Mayors Association meeting this morning – League of Municipalities Executive Director Dressel was the guest speaker – areas of concern include pending legislation to mandate that any infrastructure project over $1M go through the NJ Environmental Infrastructure Trust Program first – could become pricey and slow things down – will get copies to the Clerk to distribute – there is also a blue ribbon panel on pensions – there is concern that the local and State components will be combined – State hasn't been funding their part – Jersey Shore Partnership has a sample resolution to double funds for beach replenishment – will get copies to Clerk to distribute; asked BA/CFO Riehl about complaints on water quality at the Bay Head by the Sea condos due to nearby construction (BA/CFO Riehl: only one) wants to stay on top of that.

Attorney Riordan: asked that item 1Z be moved to first reading of the ordinance by title, as Engineer Savacool would like this as soon as possible. (Engineer Savacool: DCA expects completion of work by early spring).

Mayor Barrella: is attending the January 30th League of Municipalities meeting – asked Attorney Riordan for clarification on item 3D – instructed Clerk to make item 1I Ordinance 2015-02, as the Floodplain Management Committee Ordinance will now be 2015-01; appointed Gary Mecca and Sarah Kanitra to the Beautification Committee (Attorney Riordan: recommended holding Shade Tree appointments, pending speaking to members about appropriate terms); appointed Michael Corbally as Alternate to the Planning Board for a 2-year term; asked Attorney Riordan and Chief O’Hara if they have heard from the ABC about the pending matter regarding Martell’s (no).

Councilman Toohey: asked that item 3D be carved out (now Resolution 4); Clerk announced additions and changes to agenda.

Mayor Barrella: asked for any information on the dunes (Engineer Savacool: has had no recent correspondence with the Assistant Attorney General’s (AAG’s) office or the DEP; Attorney Riordan: some information is Attorney Client Privileged – working diligently – must be careful about what is said) waiting for information from the Governor on pending lawsuit (Attorney Riordan: has made it clear to AAG Apy that the Governing Body’s position is to do everything in their power to help him).

BA/CFO Riehl: No report.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading) BEGAN AT 8:40PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): welcomed & congratulated Councilman Migut – asked about the dunes – if Council will reconsider pushing sand under boardwalk if things don't work out – extremely vulnerable; asked about pending agreement on Risden’s – if public will have access to this information before being on an agenda (Attorney Riordan: contract will be available after executed – will not be public until approved – can ask about the terms of the contract now – contract will not be about construction, but about getting a design); asked if public can have a copy of Amelchenko's hand out; asked if Committee to look at height ordinance will include residents; asked why parking revenue is being eliminate at 1 Ocean Avenue; asked about the need for Sea Coast Oil testing and ultimate plan and timeline; asked if 415 North Street is on the ROSI.
Vince Castin, PPB: commented on Little Silver Lake dredging – nice job – asked about funding; asked about items 1V, 1I, 1N, 2E and 2/H.
Ann Lightburn, PPB Environmental Commission: happy that Council is favorably disposed to letter of intent to obtain Coast Guard Station – asked them to consider having Open Space, Historic Preservation and Recreation Committees walk through the property – will find good uses if they are involved sooner than later; thanked Councilman Reid for working on recycling.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading) ENDED AT 8:58PM.

Motion by Councilman Reid to close public participation and approve items listed below was seconded by Councilman Mayer and carried by roll call vote.
a) Payment to Galvin Law Firm from BOA & Planning Board escrow accounts ($1,617.50)
b) W/S adjustments (3)
c) Payment to Dane DeForest Demolition for fill dirt at 320 Cooks Rd ($3,750)
d) Release of Performance Guarantees (2)
e) Payment to the State of NJ for employee health benefits (($126,803.14)
f) Payment to Montenegro from BOA escrow account ($429)
g) PO to Mitchell Humphrey for zoning software ($4,148)
h) S/E Application for Alzheimer’s Association walk on 9/26/15
i) Authorization for Atty to draft Ord 2015-02 (Repeal Unconstitutional Religious Activity Regs)
j) PO to Motorola for 5 dual band police radios ($8,996.99)
k) Payroll #26 ($78,869.41), Payroll #26A (-$257.95) and Payroll #1 ($274,856.58)
l) Refund of dumpster bonds (3)
m) HELD (Appointments to Shade Tree Advisory Commission)
n) Payment to Sungard Public Sector for NavLine system maintenance ($15,780.55)
o) Payment of employee insurance opt outs for July-Dec 2014 (9)
p) Correction to taxi registration number in Resolution 2014-1216/2M
q) Payment of first installment to Ocean County Joint Insurance Fund ($226,886.12)
r) Payment to Ocean County Treasurer for first quarter tax levy ($2,161,652.67)
s) Payment to Alarm Distributors for 2 Sunguard Systems I Receiver for police ($5,333.30)
t) Payment to HD Supply Waterworks for water meters ($29,760.00)
u) PO to ID Zone for police ID card system ($2,244.86)
v) Payment to Allied Biological for Little Silver Lake fish salvage project ($12,350)
w) Payment to T&M Associates from developer escrow account ($343)
x) Payment to All Covered for cable runs, ethernet switches and network connections ($9,820)
y) Payment to the Bd of Ed for January allocation & debt service ($1,392,827.50)
z) MOVED TO ORDINANCES TO BE INTRODUCED BY TITLE ONLY (Authorization for Ordinance 2015-01 (Amend Committee Ordinance and Create Floodplain Management Committee)
a) Payment of prior years’ tax appeals ($10,305.38)
b) Payment to M. Woszczak for repair of leaking water main ($4,295)
c) PO to Fire Security Tech for fire alarm installation in municipal bldg ($5,200)
d) Salary adjustment for Deputy Emergency Management Coordinator
e) Schedule C Agreement with County
f) Payment to Edmunds for 2015 annual software support & work orders ($18,729)
g) Authorization to execute application for Safe & Secure Communities Program for 2015 and memorialization of appointment of Lt. Michigan as grant coordinator
h) Authorization for Admin to execute contract with Mid-State Abstract for dune project ($18,000)
i) Authorization to reimburse Bar-Pal for emergency water main repairs ($9,055.36)
j) Appoint Borough Engineer as Alternate to CDBG Committee
k) Authorization for Mayor and Borough Admin/Clerk to accept OC JIF Safety Mgmt Prog
l) Authorization for Mayor and Borough Admin/Clerk to execute Safety Contract w/OC JIF
m) Authorization to sell DPW vehicle to PPB Bd of Ed
n) Authorization to sell DPW vehicles through public auction on govdeals.com
o) Resolution of Interest in purchasing Coast Guard building
p) PO to Atlantic Tactical for police vests and impact plates ($6,145.44)
q) PO to This & That Uniforms for initial issue police uniforms & equipment (NTE $2,300)
r) PO to Fitness Lifestyles for equipment and maintenance in the police department ($5,225)
s) Appointments (2) to Beautification Committee – Kanitra & Mecca
t) Progress payment to Earthworks for lake dredging ($263,561.20)
u) Authorization for Engineer to prepare/submit NJDEP Construct & Operate Permit appl for water system corrosion control ($5,000)
v) Authorization for Engineer to prepare HDSRF grant appl for Sea Coast Oil site testing ($4,000)
w) PO to Surfside Electric for streetlight repair ($5,000)
x) Appointments to Environmental Commission
y) Authorization to auction Borough property – 415 North Street – CLOSED SESSION ITEM
z) Authorization for Attorney to draft Ordinance 2015-04 (Amend Borough Code 9-3.6) – ADDED FROM DEPT HEAD MEMOS
aa) Authorization for Engineer to proceed with final design & bid documents for 1 Ocean Ave - ADDED FROM DEPT HEAD MEMOS
a) PO to Motorola for Fire Dept pagers & programming kits ($8,995.65)
b) Memorialization of approval for membership in Ocean Fire Company No 1
c) Payment to Fire & Safety Services for mounting tools to new truck ($6,250.20)
d) CONSIDERED SEPARTATELY AS RESOLUTION 4 [Authorization for Attorney to draft Ordinance 2014-03 (Amend Borough Code 2-13)]
e) Updated LOSAP Plan
f) Donation of 1999 Crown Victoria to PPB Fire Dept. for training purposes
g) Authorization to replace Sandy-damaged Fire Dept equip with ins reimb funds ($41,105)
h) Payment to BTMUA for December bulk water usage ($47,581.64)
VOTE: Councilmen Reid, Migut (except Fire Department items), Toohey, Mayer, Cortes, Vogel
(except Fire Department items)…YEA
Councilmen Migut and Vogel (Fire Department Items)….ABSTAIN

Councilman Toohey: have not had an opportunity to discuss Resolution 4 with Chief Pasola (BA/CFO Riehl: she has – she had originally proposed a 15-mile radius and they changed it to 30).
Motion by Councilman Toohey to approve RESOLUTION 4: Authorization for Attorney to draft Ordinance 2015-03 (Amend Borough Code 2-13) was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Toohey, Mayer, Cortes…YEA
Councilmen Migut and Vogel….ABSTAIN

Ordinance 2015-01 (Amend Committee Ordinance and Create Floodplain Management Committee) was introduced by title.
Motion by Councilman Reid to approve Ordinance 2015-01 by title was seconded by Councilman Cortes and carried by roll call vote. Public hearing will be held on February 3, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 9:01PM.

Arrigo Conti, PPB: lives next to Elks, who put in new lights last summer – bright lights come into house – invasion of privacy – have an ordinance against light spillage – asked that something be done [Engineer Savacool: was contacted by CO Petrillo, who made a cursory review – can get someone out there with a light machine (BA/CFO Riehl: will reach out to Elks] doesn’t complain about the noise or the port-o-john – only about this, since October 29th.
Vince Castin, PPB: been in Coast Guard Building – very nice – would like to work on it.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 9:07PM.

Motion by Councilman Reid to close public participation and adjourn was seconded by Councilman Toohey and carried by consent of Council.

Meeting was adjourned at 9:07PM.

ATTEST: ____________________________________
Eileen Farrell, Municipal Clerk

Published February28, 2015 | Council Minutes | 2036

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