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April 21, 2015

Council Meeting Minutes

Mayer Barrella called the meeting to order at 6:33PM. Present were Councilmen Migut, Toohey and Cortes. Councilmen Reid arrived just after roll call and Councilman Mayer arrived in time for Closed Session. Councilman Vogel arrived during Closed Session at 6:37PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

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

Closed Session began at 6:35PM and ended at 7:52PM

Mayor Barrella called the regular meeting to order at 7:30PM. Present were Councilmen Reid, Migut, Toohey, Mayer and Cortes. Councilman Vogel arrived at 7:32PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

PROCLAMATION: Councilman Migut read proclamation in honor of National Library Week.

Motion by Councilman Reid to approve the March 24, 2015 Council meeting minutes was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Vogel…YEA
Councilman Cortes….ABSTAIN


Agenda items were added/revised, per department head memos and discussions. Arborvitae Plantings by Jaeger Lumber (Councilman Migut: part of site improvement by the Planning Board) was added to the agenda as Item 3/n. Request for available $512K in Streetscape Revitalization Program Funding, with the Borough funding the remaining cost, was added to the agenda as Item 3/o. Mr. Barlo of Barlo & Associates and Engineer Savacool addressed Barlo’s proposal to remove sand to expose the bath house/luncheonette structure, and its impact on restriping the parking lot (Administrator: issue is to where the 600 cubic yards of sand will be removed) – Item 3/e was reworded per discussion. Councilman Mayer deferred discussion of the Borough’s credit rating with Moody’s to his Committee Report. Curb cut request at 723 McLean Ave. was held per follow up by ZO Petrillo with applicant and Shade Tree Commission – Shade Tree denied applicant’s request to remove 3 trees for this purpose – will see if they will agree to remove only 1. All other curb cut requests were added to the agenda as Item 3p (408 Elizabeth as revised).


Councilman Reid: addressed Assemblyman Burzichelli’s Bill S4267, which permits the issuance of an additional liquor license for certain restaurants to spur economic development – he has expressed PPB’s opposition to the NJLM committee – continuing conversations – still no Senate sponsor – introduced but not moving – heated discussion at NJLM meeting with municipalities on both sides of the issue – will continue to say no to it; he, BA/CFO Riehl, ZO Petrillo and Anne Lightburn of the Shade Tree Commission walked around to identify trees to be replaced and pavers to be repaired; Beautification Committee met at River Ave., where 2 Pine trees need to be taken down – 3-4 trees and a larger American Flag will be added in its place; putting recycling cans out around town wherever there are trash cans; he, BA/CFO Riehl, Deputy Finance Officer Beno and Bay Head Mayor Curtis met to discuss the Shop Local Card Program – 11 towns doing it now – win-win for all – explained how it works – a local store allocates a percentage of one’s purchases to a company who keeps a small percentage and pays the rest to the Borough, on an annual basis, to be used towards that consumer’s municipal taxes – each homeowner gets 2 cards – non-resident taxpayers get 1 but can come to Borough Hall for another – looking to join with Bay Head and expand to other participating towns, so their residents can benefit from shopping in PPB – met with the Chamber and business owners last night – very interested – placard costs $2 – cards cost $1 – would need a sponsor to buy the cards & placards, so it doesn't cost taxpayers anything – Council must take the lead and do mailers and press – 3rd party company will also do marketing & PR – would like a resolution on next meeting’s agenda – businesses and taxpayers can opt out; a camera was put into the blocked pipes under the football field – fixed the blockage and filled holes.

Councilman Migut: Animal Welfare Committee is preparing for a busy kitten season – anyone wishing to adopt should contact the committee through the Borough Hall; Floodplain Management Plan Committee will meet again tomorrow regarding evacuation problems during Sandy; Planning Board Master Plan Subcommittee met last night and anticipates presenting its findings to the Board in June, then to Council; had public meeting on height ordinances – asked that Attorney be authorized to work with Board of Adjustment (BOA) Attorney Galvin to draft an ordinance for next meeting, following Mr. Amalchenko’s recommendations of 32.5’ to building ridge from BFE in the A-Zone, 35’ to building ridge from BFE in the V-Zone and 35’ from top of curb to building ridge in the Non-flood Zone, as well as Attorney Galvin’s recommendation to raise the height limit to 25’ with a livable attic in the RR1-Zone (Councilman Vogel: there was other discussion as well – should review notes first – consensus was to authorize drafting of an ordinance).

Councilman Toohey: No report – hopes, upon approval of the Municipal Budget, to address Inlet plans at the next Council Meeting, along with with Engineer Savacool.

Councilman Mayer: addressed Moody's Rating Report – Moody’s is one of the two major ratings agencies – Standard & Poors ranks PPB as a AA-, which is a little better than Moody's who, shortly after Sandy, put PPB in a negative category – they affirmed the A1 rating, which is ok and removed the negative outlook, which is important – in summary, they’ve said the rating could go up if we maintain structurally balanced financial operations, increase current fund reserves and see a substantial growth in the Borough’s tax base – had a $16M ratable growth this year – need to address money borrowed after Sandy – he & BA/CFO Riehl are addressing structural balances as negotiations are going on – thanked BA/CFO Riehl for great job; deferred comments on the Municipal Budget until the Public Participation session.

Councilman Cortes: moving forward with the Risden’s building – lot restriping should gain 8 spots – Environmental Commission forwarded recommendations to the Engineer for vegetation at 1 Ocean Ave.; JCPL has been contacted to remove poles on the pump building north of Jaeger Lumber; Engineer is getting estimates to repair a damaged bulkhead at Lake Louise; new pay stations have come in to replace the damaged ones; valve exercising program is moving quicker than anticipated – should help some water issues – found vales that weren't on the mapping system – some benches outside Borough Hall were repaired & painted; bike racks will go out in May; NJ Transit is running new cables & fiber to relocate some signal switching boxes; Parking Authority is getting quotes to fix the concrete apron at the Cooks Lane entrance to the train lot; a sink hole on Arnold Ave., across from Litter Silver Lake, is being addressed; storage container on the corner of Chicago & Arnold Aves. has been removed; Jenkinson’s has put out new recycling cans on the Boardwalk; road improvements are taking place on Trenton, Timber, Princeton & Homestead, Arbutus and Liberty by Chicago – received grant to cover 95% of Harvard, from Riverside to Chicago in 2016; phragmites at Lake of the Lillies can be cut by residents; Beautification Committed submitted list of barrels to be removed or relocated due to damage or lack of manpower to maintain them; recognized Officer Gary Siculietano’s 2-year full-time anniversary.

Councilman Vogel: spoke with a Brielle Councilman – the bridge is full of debris – brought it to the attention of BA/CFO Riehl – looking for State money to clean it up; fire lane sign at Forman Ave., which is wedged into the Boardwalk, should be removed; asked about removing curb cuts where driveways no longer exist, to gain additional parking spaces; Recreation Committee did a great job with the annual Easter Egg Hunt; Pickle Ball has been introduced for seniors, as well as a volleyball clinic for school kids; gearing up for the Summer Park Program; he and Councilmen Cortes and Toohey started meeting with members of the Planning Board, BOA, Engineer Savacool and Attorney Galvin, to make the community more resilient and flood proof, while keeping character – Councilman Migut participated in the last public hearing, where they spoke about incorporating building height and measurements, roof pitches, etc., into an ordinance; officers are continuing training for the upcoming season, working diligently on the Second-hand Dealer and Noise Ordinances and other summer issues, working with car- and body-mounted camera systems to eliminate concerns or allegations; Boardwalk patrols are increasing; Police are responsive to resident traffic concerns – lot of local residents are being stopped; thanked the Police for their efforts – received a Thank You note for helping an older resident on Easter.

Mayor Barrella: there is a lot of good going on – good Budget, based on work done in years past, a good surplus and increased parking revenue – things are not so good on other levels – Assemblymen Burzichelli's bill would allow restaurants to serve alcohol at dinner without a bar – don’t need more liquor licenses in PPB – hoping that Assemblyman Burzichelli will take on the task of tearing down the Alcoholic Beverage Control Division which, along with the Attorney General’s office, embarrassed themselves with their decision 2 weeks ago regarding Martell’s – cannot be squared with other decisions involving fatalities – in an April 10th editorial, the “Asbury Park Press” described it as making a mockery of the laws designed to control drinking and driving – NJTV public television also did an informative piece on April 10th – overserving and a complete failure of security measures resulted in the death of a vibrant 26-year-old and the destroyed life of a 55-year-old nurse – compared it to situations, such as the Mag Entertainment case, where the principal issue was a failure to prevent the drunk from driving – ABC ordered the sale of their license, took 90% of the proceeds, and imposed a fine in excess of $600K – believes Mag Entertainment was not a multimillion dollar enterprise, did not host a fundraiser for Governor Christie and was not tied-in with its County and municipal political organizations – it’s anti-tourist to for Governing Body to allow businesses to act irresponsibly and put people at risk – a 30-day off-season suspension between the Seafood Festival and Halloween and a fine that amounts to a few days’ of summer receipts is inexplicable – an unacceptable slap on the wrist – no responsibility has been accepted – Martell’s was allowed to plead No Contest and continue to deny responsibility – town organizations need to do some soul searching.

BA/CFO Riehl: No report.

The Municipal Clerk announced additions and revisions to the agenda.

Councilman Mayer left the room at 8:29PM and returned at 8:31PM.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:31PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): clarified Barlo’s report that there is damage underneath the bath house/luncheonette and could be more under the sand – asked if Barlo has been awarded the contract to repair the building – asked, if sand is removed and reveals more damage than expected, if Council would still move forward with the approval (Attorney Riordan: tonight’s vote would not approve the fixing of any pilings – construction is not on the agenda); asked if anyone got a second curb cut in item 3p; asked if Ordinances 2016-06 and 2016-07 were authorized and if the Attorney had worked on them yet (Attorney Riordan: both came from meetings with Department Heads and were put on the agenda by the Administrator – yes) has never seen an ordinance introduced that was not authorized by the Governing Body.
Anne Lightburn, PPB: encouraged Council to get sand removed before summer; glad parking lot is being restriped – suggested restriping New Jersey Ave. and putting in parking boxes; asked Councilman Reid for a tree list for Shade Tree Commission – thanked him for getting recycling efforts.
Vince Castin, PPB: sand removed from underneath the bath house/luncheonette should be put back on the beach (DEP will not allow); asked about Item 3f; recycling cans are expensive.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:42PM.

Consensus to consider Consent Resolution 1 after Consent Resolutions 2-4.

Councilman Vogel: questioned oversight and maintenance of the Arborvitae plantings in Item 3n (Attorney Riordan: Planning Board jurisdiction; Engineer Savacool: plantings were bonded for, under certain conditions, and must be done as planned – would require a 2-year maintenance bond upon completion).

Motion by Councilman Cortes to close public participation and approve items listed below was seconded by Councilman Reid and carried by roll call vote.

2a Approval of Banner Permit App for Point Lobster Fishing Tournament
2b Approval of PO to JR Henderson Labs for 2nd, 3rd & 4th Quarter Testing ($4,800)
2c Approval of payment from 9 Planning Bd escrow accounts ($8,652.45)
2d Approval of payment to Denise Sweet from Planning Bd & BOA escrow accounts ($800)
2e Approval of DAV S/E App & fee waiver for Forget-Me-Not sales on Boardwalk, 7/2-8/27
2f Denial of request to include Elizabeth & Carter Aves in D3 Overnight Parking Permit Program
2g Approval of payment to T&M Assoc from Pl Bd BOA & Dev escrow accounts ($10,278.19)
2h Approval of payment to Brick MUA for March bulk water usage ($63,424.03)
2i Payment to Pitney Bowes for prepaid postage ($3,000)
2j Approval of tax appeal refund to PMG NJ IT, LLC for 200 River Ave ($11,280.52)
2k Approval of Payroll #7 ($255,389.42) and Payroll #8 ($235,975.14)
2l Approval of PO to Coastal Cleaning Services for floor maintenance May-Dec ($3,600)
2m Approval of payment to Motorola for police radios ($103,436.69)
2n Approval of payment to Allcom Technologies for police radio equipment & license ($4,695.40)
2o Approval of payment to OC Treasurer for 2nd Quarter Tax Levy ($2,161,652.67)
2p Approval of payment to the State of NJ for employee & retiree health benefits ($132,235.12)
2q Approval of payment to Galvin Law Firm from BOA & Planning Bd escrow accounts ($2,512.50)
2r Approval of payment to Riggins Inc for gasoline & diesel fuel ($18,413.06)
2s Approval of Memorial Day Parade Cmte’s S/E App & fee waiver for bike parade 5/23 (rain: 5/25)
2t Approval of Meridian Health’s Banner Permit App & request to place pink ribbons on Arnold Ave
2u Approval of PO to Sensus for water meters (NTE $28,642.05)
2v Appointment of 9 Parking Enforcement Officers for 2015 REVISED PRIOR TO MEETING
2w Approval of payment to OCJIF for 2nd instal of liability & worker’s comp coverage ($250,764.65)
2x Approval of payment to Atlantic Tactical for police vests ($5,799.70)
2y Approval of payment to Eagle Point Gun for police ammunition & supplies ($12,178.50)
2z Approval of additional W/S credit for 5 Easton Road ($1,693)
3a Approval of payment to Plainfield Consultation Center for 15 SLEO screenings ($4,900)
3b Approval of payment to Identifix for DPW computer software ($1,308)
3c Appointment of seasonal DPW laborer
3e Authorization for Administrator to contract to remove sand under bath house/luncheonette on Ocean Ave (NTE $30K) - REWORDED FROM DEPT HEAD MEMOS
3f Approval of payment to Sterling DiSanto for storm damage reduction project ($26,950)
3g Approval of payment to Hunter Technologies for support & maintenance contract ($2,997)
3h Approval of payment to All Covered for GFI Mail Essentials & Websense ($4,525)
3i Authorization for Mayor to execute 5-year OCHD Interlocal Animal Facility Services contract
3j Approval of payment to Meridian Health for 15 SLEO applicant screenings ($3,963)
3k Approval of PO to Global Industrial Equipment for 40 trash/recycling cans ($19,219)
3l Move Tracey McCrystal from Violations Clerk to Dep Ct Admin Position – CLOSED SESSION
3m Appoint Mary Madonna Vola to Dep Ct Admin Position – CLOSED SESSION
3n Approve Arborvitae plantings by Jaeger Lumber – FROM DEPT HEAD MEMOS
3o Authorization to send letter to State requesting that $512 be given to the Borough, despite the fact that the Borough won’t be paying – FROM DEPT HEAD MEMOS
3p Approval of curb cut requests at 211 Homestead, 110 Baltimore, 408 Elizabeth as amended, 205 Niblick, 109 Forman and 100 Niblick – FROM DEPT HEAD MEMOS
3q Authorization for Atty to draft land use ord requested by Councilman Migut – FROM CMTE RPTS
4a Approval of Fire Co No 1 Ladies Aux request to charge for parking, Sundays & Holidays 5/24-9/7
4b Approval of POs to ESI Equipment for rescue equipment for Fire Companies 1 & 2 ($25,340)
4c Approval of PO to All Hands Fire Equip for Petrogen Cutting System & training ($3,516.26)
4d Memorialization of approval of (3) memberships in PPB Fire Company No. 2
4e Approval of Fire Co No 1 S/E App/fee waivers for motorcycle raffle sales on Bdwk, 5/15-9/15
4f Approval of payment to the Ronan for BOFO/Rec/Volunteer accident policies ($7,131.50)
4g Approval of payment to Nat Alexander Co for Air Paks & Facepieces for Fire Co No 2 ($66,289)
4h Approval of PO to Fire & Safety Services, Ltd for yearly maintenance ($6,000)
4i Approval of payment of computer-generated vouchers ($3,610,784.92)
4j Reaffirm all memberships in Ocean Fire Co No 1 & PPB Fire Co No 2
VOTE: Councilmen Reid, Migut (except Items 2f and Items 4a-4j), Toohey, Mayer, Cortes, Vogel
(except items 4a-4j and those items in 4i with which he has conflicts)…YEA
*Per Borough Attorney, assume usual abstentions on item 4i, with which Council has conflicts.

John Swisher, Manager/Auditor, Suplee Clooney & Company: tonight’s Budget is the same as introduced in March – this year, PPB underwent State Review, which is done every 3 years – the State has reviewed & approved it for adoption – nominal 6/10 cent tax increase equates to about $186K over last year – is available for questions during the public hearing.
BA/CFO Riehl: overall $186,679.00/2.45% increase in municipal taxation – yearly increase of about $19.00 on an average assessed house of $455K – $8,392.00 increase in salaries & wages over last year – $615K/7.6% decrease in operating expenses – under 2% levy cap by $235K – Governing Body could have increased taxation by that amount, but chose not to – under appropriation caps also.
Mayor Barrella: opened the public hearing.
Councilman Toohey: kudos to BA/CFO Riehl for her accurate revenue projections.
Vince Castin, PPB: asked for clarification on the average assessed value – looks like market value to him – asked how school budget affects this.

Motion by Councilman Mayer to close the public hearing and adopt the items listed below was seconded by Councilman Toohey and carried by roll call vote.
1a Authorization for 2015 Municipal Budget to be read by title
1b Second Reading/Public Hearing 2015 Municipal Budget
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel*…YEA
*Councilman Vogel: appreciates conversations prior to the meeting – capital budget items will be discussed further – implored improved Governing Body and Department communication.


Ordinance 2015-05 (Cap Bank) was considered on second reading. Public hearing was opened and closed with no member of the public wishing to be heard.
BA/CFO Riehl: explained that this relates to the appropriation cap (Councilman Toohey: asked how long the Borough can hold onto it, if there is a limit on how much can accrue and if the Borough could be forced to spend it) 2 years – can be used for appropriations in excess of what’s allowed under the appropriations cap – it’s lost if not spent.

Motion by Councilman Mayer to close the public hearing and adopt Ordinance 2015-05 was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-06 (Revisions to Front Lawn Parking Ordinance) was introduced on first reading.
Councilman Vogel: asked for background (Chief O’Hara: were issues last year with floating 4x4s on stones – after inspections, boards got blown away and parking areas became larger – permanent driveway delineations could prevent this; Councilman Reid: just tightening language) asked if this would change what was communicated to the Real Estate community last year (Attorney Riordan: Paul Ward understands it’s just a way to stop cheaters – doesn’t change original ordinance).

Motion by Councilman Reid to approve Ordinance 2015-06 on first reading was seconded by Councilman Toohey and carried by roll call vote. Public hearing will be May 5, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel*….YEA
*Councilman Vogel: per ZO Petrillo, very small populous will be impacted with seasonal certificates of occupancy – will trust her judgement – wants Governing Body to follow administrative codes when ordinances come before them (Attorney Riordan: simply a revision to an ordinance he was authorized to draft long ago, as with Ordinance 2015-07) could have saved time and money by adding more to it.

Ordinance 2015-07 (Repealing & Replacing Ordinance 2013-51) was introduced on first reading.
Attorney Riordan: change, suggested by Labor Counsel, was to properly identify the Worker’s Compensation statute noted in the ordinance – originally referenced Temporary Disability benefits – two different things.

Motion by Councilman Migut to approve Ordinance 2015-07 on first reading was seconded by Councilman Reid and carried by roll call vote. Public hearing will be May 5, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

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

Chuck Venedam, PPB: concerned about safety and quality of life with possible RREM rebuild at 20 Brunswick Pl. during summer (Attorney Riordan: private property – Borough can’t get involved).
Dave Cavagnaro, PPB: thanked Councilman Vogel for reinforcing that approvals should go before Council; concerned about measuring from BFE instead of curb – recommends picking a number and measuring from the curb, below house parking in the bungalow area and seceding of alleyways to the Borough – asked why Building Inspector wasn’t consulted; asked if Finance Department can handle Shop Local workload.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 8:32PM.

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

Meeting was adjourned at 8:32PM.

ATTEST: ____________________________________
Eileen A. Farrell, RMC
Municipal Clerk

Published May06, 2015 | Council Minutes | 2091

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