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February 3, 2015

Council Minutes

Council President Cortes called the meeting to order at 7:04PM. Present were Councilmen Reid, Migut, Toohey, Mayer and Cortes. Councilmen Vogel arrived during closed session. Mayor Barrella was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mayer to enter closed session to discuss one Personnel matter was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes …YEA

Closed Session began at 7:06PM and ended at 7:11PM.

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

The Municipal Clerk announced items to be added or removed from the agenda. BA/CFO Riehl explained item 4C.

DEPARTMENT HEAD MEMOS/DISCUSSIONS:

Curb cut request at 154 Baltimore was discussed (consensus to move to agenda as item 3F – approval of 14’ curb cut, centered on the garage).

COMMITTEE REPORTS:

Councilman Reid spoke with the Shade Tree Commission regarding trees on Arnold Ave. – would like ZO Petrillo, a Commission member, BA/CFO Riehl and he to walk Arnold Ave. to audit – to identify hazards and determine which trees need to be removed & replaced – already has a list from BA/CFO Riehl – Commission is happy about Council's commitment to continue the trees along Arnold Ave.; he and BA/CFO Riehl will be meeting with Congressman Smith's Chief of Staff tomorrow to discuss funding and the process for possibly purchasing the Coast Guard building.

Councilman Migut: Planning Board Master Plan Re-examination Committee met last night – congratulated the work of Councilman Vogel, who served on the 2005-07 review committee as Mayor and Mayor Barrella, who served as a member – in keeping with a long-standing desire to attract a nationwide anchor-type store to the downtown, has asked the Planner to include language calling for a feasibility grant study to provide deck parking for the downtown area – would like to meet with the Chamber and Councilman Reid to discuss further – Planner will also work on setback requirements for corner lots, strengthening impervious coverage limitations to aid in flood prevention and setback requirements from the property line for stairs – will meet again on March 8th to review the Planner’s draft changes – will drive around town prior to the meeting – Planning Board meets tomorrow; addressed an e-mail that he received regarding guidance on massage parlor licensing (Attorney Riordan: NJ is now regulating massage parlors – he and ZO Petrillo are discussing the impact on the Borough’s regulations – may be recommendations for change).

Councilman Toohey: Finance Committee met tonight; DPW did a fantastic job during the snow storm – there is a situation with the way private lanes are taken care of, in terms of plowing – wants to look at it and move slowly – BA/CFO Riehl is seeking direction from the Governing Body.

Councilman Mayer: thanked BA/CFO Riehl for completing the Annual Debt Statement and Annual Financial Statement early – a lot of work – they are really the unaudited Financial Statements for the Borough – had a good revenue year – parking was off the charts – meeting with Chief O'Hara on Thursday in BA/CFO Riehl’s office with Councilmen Vogel and Toohey.

Councilman Cortes: 1 Ocean Ave. plans are on the web site – will be discussing more appropriate landscaping with Environmental Commission; deferred to Attorney Riordan on the Risdens’ property (Attorney Riordan: transmitted contract changes to Barlo – had a conference call today with the principal and Engineer Savacool – difficult situation – an old building, damaged by the storm, with inaccessible areas – issues of responsibility for the final project are yet to be ironed out); Beautification Committee and Environmental Commission meetings were cancelled due to snow; announced employee anniversaries for February: P. Andreyev (21 years),
M. Distlecamp (18 years), M. Duffy (21 years), R. Kowalewski (12 years), A. Meany (12 years),
C. Mosca (12 years), M. Fioretti (21 years).

Councilman Vogel: had a required Court security meeting yesterday – things are going well with the shared service – spoke about disaster fallover plan that needed to be included and 1 or 2 minor physical improvements; Recreation Committee meeting was cancelled due to weather; met with Bay Head Committees today about ideas for bike pathways & signage – looking to combine activities, such as pickle ball, which is the rage for older people; thanked BA/CFO Riehl for following up with NJ Transit on plowing the lot; Police Dept. was involved with arresting a subject with the Swat Team and Ocean County Sheriff’s Dept. on February 23rd on the north end of town – officers have received training on rapid database for the second hand dealers ordinance – Police, Fire, EMS and DPW worked together on the storm event – great cooperation – went smoothly – recognized the heroic actions of Det. Andy Meany who, while off-duty in Wall Twp. was involved with a retired Police Officer – vehicle caught fire and he helped remove the occupant who, unfortunately, succumbed to his injuries.

BA/CFO Riehl: No report.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading) BEGAN AT 7:50PM.

Vince Castin, Point Pleasant Beach (PPB): asked about item 4C; asked Councilman Migut about the parking deck and anchor store he mentioned – doesn't think there is need for that.
Ben Dispoto, PPB: asked about item 2Z (Attorney Riordan: advised that this is a personnel issue – shouldn't be discussed in public); asked Councilman Toohey about DPW/private road issue.

Motion by Councilman Vogel to close public participation was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel

PUBLIC PARTICIPATION (Agenda Items & Ordinances on First Reading) ENDED AT 8:00PM.

Administrator Riehl: announced the amount of the transfer resolution (item 2E).
Motion by Councilman Reid to approve items listed below was seconded by Councilman Toohey and carried by roll call vote.
CONSENT RESOLTUION 1:
a) Appointment of Borough Attorney: Kevin B. Riordan
b) Appointment of Special Projects Attorney for OC JIF: Kevin B. Riordan
c) Appointment of Special Project Counsel: Dasti, Murphy, McGuckin, Ulaky, Koutsouris &
Connors, PC / Hiering, Gannon, McKenna / Starkey, Kelly, Kenneally, Cunningham & Turnbach /
Armando V. Riccio
d) Appointment of Bond Counsel: Steven L. Rogut of Rogut McCarthy LLC
e) Appointment of Municipal Prosecutor: Steven A. Zabarsky of Citta, Holzapfel & Zabarsky, PC
f) Appointment of Alternate Prosecutor: Robert Zavistoski and Robert A. Greitz of
Citta, Holzapfel & Zabarsky, PC
g) Appointment of Conflict Prosecutor: Bonnie R. Peterson
h) Appointment of Animal House Prosecutor: Francis Rodman Rupp
i) Appointment of Public Defender: Michael Schaller of King, Kitrick, Jackson & McWeeney
j) Appointment of Conflict Public Defender: Raymond D. Bogan of Sinn, Fitzsimmons, Cantoli, Bogan & West, PA
k) Appointment of Conflict Judge: Robert M. LePore
l) Appointment of Animal House Judge: Brian E. Rumpf of Rumpf, Reid & Dolcy, PC
m) Appointment of Borough Auditor: Warren M. Korecky of Suplee, Clooney & Company
n) Appointment of Borough Engineer: Raymond Savacool of T&M Associates
o) Appointment of Special Project Engineers: O’Donnell Stanton & Associates, Inc. / Remington, Vernick & Vena Engineers / Maser Consulting, P.A. / Suburban Consulting Engineers, Inc.
p) Appointment of Municipal Planner: T&M Associates
q) Appointment of Electricians (Emergency Electrical Services): Little Silver Electric, Inc. and Electro Maintenance, Inc.
CONSENT RESOLUTION 2:
a) Transfer Resolution ($16,400)
b) Payment to Ocean County for add/omitted assessments ($41,135.13)
c) Payment to ADP for payroll processing fees ($18.000)
d) PO to CIT Finance for 2015 copier lease ($4,097.28)
e) Payment to CIT Finance for January copier usage ($341.44)
f) PO to NJ American Water for 2015 hydrant service ($3,662.40)
g) PO to JR Henderson Labs for 2015 water sampling ($4,265)
h) Payment to Pitney Bowes for pre-paid postage for 2015 ($3,000)
i) Payments to PPB Bd of Ed for Jan-June allocation & debt service ($6,177,812.50)
j) Payment to Riggins, Inc for fuel ($11,883.30)
k) Payroll #2 ($237,216.66) & Revised Payroll #26 ($278,869.41)
l) Payment to T&M Associates from developer escrow account ($282)
m) Annual donation to Chamber of Commerce for holiday decorations & festivities ($5,000)
n) Chamber S/E application & fee waiver for Christmas Tree Lighting/Santa Arrival on 11/27/15
o) Chamber S/E application & fee waiver for Downtown Sidewalk Sales, May 14-16 & Aug. 13-15
p) Chamber S/E application & fee waiver for Classic Car Cruise on various dates
q) Chamber S/E application & fee waiver for Chowder Fest on 10/17/15
r) Chamber S/E application & fee waiver for Festival of the Sea on 9/19/15
s) Chamber S/E application for Stand on Boardwalk Memorial Day to Labor Day
t) Chamber Social Affair application for Beers on the Boards event at Martell’s on 3/28/15
u) Kidney & Urology Foundation S/E application for Walkathon on 5/3/15
v) Release of (29) Bd of Adj escrow accounts ($8,279.98)
w) Temporary Emergency Budget
x) Banner permit applications (2) for Alzheimer’s Association & Chamber events
y) Conditional approval of Leave of Absence for employee #2015
z) Authorize Special Counsel to conduct internal personnel audit
CONSENT RESOLUTION 3:
a) Payment to Oswald Enterprises for Cleaning & Televising Storm Pipes ($3,200)
b) Progress payment to Earthworks, Inc for Little Silver Lake Dredging ($263,561.20)
c) Appoint Henry J. Mancini & Assoc. to assist with tax appeal files for 2015 – ADDED JUST
PRIOR TO MEETING
d) Waiver of water tap fee for 307 Laurel Ct – ADDED JUST PRIOR TO MEETING
e) Authorize Borough employees to donate sick time – CLOSED SESSION ITEM
f) Request for Curb Cut at 154 Baltimore Ave (14’, centered on the garage) – ADDED FROM DEPT HEAD MEMOS
CONSENT RESOLUTION 4:
a) REMOVED [Payment to Fire & Safety Services to mount tools to new truck ($6,250)]
b) Payment of computer-generated vouchers ($171,549.93)
c) PO to Bauer Ben Systems for generator installation at Fire Co No 1 ($26,522) – ADDED JUST PRIOR TO MEETING
VOTE: Councilmen Reid*, Migut (except 4/c), Toohey, Mayer*, Cortes, Vogel (except 4/c)…YEA
Councilmen Migut and Vogel (item 4/c)….ABSTAIN
*Per Borough Attorney, assume usual abstentions on items in 4B with which they have a conflict.

ORDINANCES:

Ordinance 2015-01 (Create Floodplain Management Plan Committee) was considered on second reading. Public hearing was opened and closed with no member of the public wishing to be heard.
Motion by Councilman Mayer to close the public hearing and adopt Ordinance 2015-01 was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-02 (Repeal Unconstitutional Religious Activity Regs) was introduced on first reading.
Motion by Councilman Vogel to approve Ordinance 2015-02 on first reading was seconded by Councilman Mayer and carried by roll call vote. The public hearing will be held February 17, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-03 (Amend Code 2-13 – Fire Vehicle Use Limit) was introduced on first reading.
Motion by Councilman Toohey to approve Ordinance 2015-03 on first reading was seconded by Councilman Reid and carried by roll call vote. The public hearing will be held February 17, 2015.
VOTE: Councilmen Reid, Toohey, Mayer, Cortes….YEA
Councilmen Migut and Vogel….ABSTAIN

Ordinance 2015-04 (Amend Code 9-3.6 – ALW Parking) was introduced on first reading.
Motion by Councilman Mayer to approve Ordinance 2015-04 on first reading was seconded by Councilman Reid and carried by roll call vote. The public hearing will be held February 17, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 8:05PM.

Dave Cavganro, PPB: complemented DPW during snow storms - didn't throw mess onto sidewalks like County does – questioned the status of the Building Height Committee; asked if Borough is being sued by people falling on pavers and if we Borough is plowing public lanes.
Tom Highton, PPB: asked the status and timeline of dunes; asked for comments on what he read in newspaper about PPB taxes – his have gone up close to $2K in 2 years – has lived here 35 years – respects Council – ran a $150M business – had a 5-year plan – reported to a Mayor – town needs a 5-year plan – shouldn't be hiring – asked if employees are paying for insurance – suggested people be laid off if unions won't cooperate – people making too much – should be feeling pain, like him – salaries drive the budget – biggest issue in town – must be addressed over 5 years with the new guys coming in; lot more rentals in town – doesn't know if the Borough is aware of it – suggested an ordinance which prohibits renting a house to more than 8 people – house by him had 20 people in it over the summer – mentioned house on Arnold Ave., the owner of which can't be contacted.
Vince Castin, PPB: agreed with Mr. Highton on budget – asked Councilman Toohey about the Boardwalk/dune lawsuit (Attorney Riordan: fight between private property owners and the State – Borough isn't really involved – State is paying a lawyer to defend the Borough – Jenkinson’s asked for temporary restraints – decision on temporary restraints should come shortly – borough is doing all it can to aid the state) asked about the religious solicitation ordinance (Attorney Riordan: can't treat people who want to talk about religion any differently than anyone else) asked about item 3C.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 8:24PM.

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 8:24PM.




ATTEST: ____________________________________
Eileen Farrell, Municipal Clerk


Published February28, 2015 | Council Minutes | 2037


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