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May 5, 2015

Council Meeting Minutes

Mayer Barrella called the meeting to order at 6:30PM. Present were Councilmen Reid, Migut, Mayer, Cortes and Vogel. Councilmen Toohey arrived during Closed Session at 6:59PM. 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 Personnel matter was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Mayer, Cortes, Vogel…YEA
Councilman Toohey….ABSENT

Closed Session began at 6:34PM and ended at 7:20PM

Mayor Barrella called the regular meeting to order at 7:31PM. Present were Councilmen Reid, Migut, Mayer, Cortes and Vogel. Councilman Toohey arrived at 7:33PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Migut to approve the April 21, 2015 Council meeting minutes, with amendments announced by the Municipal Clerk, per Councilman Mayer, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel…YEA


Councilman Cortes: agrees with ZO Petrillo’s recommendations on the curb cut request for 209 Philadelphia – might even gain a parking space – was added to the agenda as Item 1t.

The Municipal Clerk announced Items 1r, 1s and 1t to be added to the agenda.


Councilman Reid: 40 recycling cans are out – thanked BA/CFO Riehl and DPW Super. Trout; Shop Local Program CEO has met with BA/CFO Riehl and the Chamber – is here to answer questions.

Carmine DeFalco, FinCredit, Inc.: started the property tax rewards program 2.5 years ago in Marlboro – now in 11 NJ municipalities, with another 5-10 in the next 12 months – showed example of card and explained how it works – every time participants shop in town at participating retailers, a percentage of the sale, as determined by the merchant, goes to the participants’ property tax bills – PPB is unique as a resort town, as merchants can be in other programs all over the State (Councilman Vogel: asked how non-property owners can participate) will get rebate check in the mail (Councilman Reid: met with Bay Head Mayor and will speak to Mantoloking; Councilman Cortes: asked about service providers with no storefront) can enter the information back at the office.

Councilman Migut: announced upcoming meetings – Planning Board tomorrow – Master Plan Subcommittee on the 18th, Floodplain Management Plan Committee has 2 meeting this month – both should be finished with their business in July; read letter from a police chief acknowledging the professionalism of the PPB construction staff, calling Elaine Petrillo, Diane Scavone and Michael Gardner Shining Stars – thanked Attorney Riordan for drafting the height ordinance – excellent job.

Councilman Toohey: would like to get the Inlet concept drawings to the Open Space Committee before acting – asked Engineer Savacool to address the steps needed to predicate that, in terms of replacing the bulkhead and what that means from a DEP standpoint (Mr. Savacool: applied for a coastal grant through DEP before Sandy – DEP was funding a $550K aluminum bulkhead – Sandy put work on back burner but funding is still available – DEP takes a lot of the soft costs off the table – funds would only pay for bulkhead, not improvements – Loughran’s Point suffered after the storm – can’t do anything until bulkhead is replaced – discussed with Councilman Toohey that improvements could be part of the project, with same contractor, but funded separately by the Borough) anticipates authorizing the Engineer to spec the project at next meeting (Mr. Savacool: his office needs to design the bulkhead and turn it over to DEP to put it out to bid; Councilman Reid: Shade Tree Committee met and talked about Loughran’s Point – would like a sitting area close to the houses with trees and bushes) asked that Shade Tree be involved with Open Space on this.

Councilman Mayer: been asked by Non-Resident Taxpayer Advisor Committee (NRTAC) Chair Sloan to remind all that their third annual meeting is July 11th at Antrim School from 10AM until noon – all invited – Mayor Barrella, Mr. Savacool, Councilman Reid and probably Lt. Michigan will attend (Councilman Mayer: make sure this meeting is noticed).

Councilman Cortes: acknowledged employee anniversaries for May – Kathy Beno 18 years, Clint Daniel 14 years, Frank Finn 14 years Tracey McCrystal 12 years; per DPW Super. Trout, bike racks are out – Inlet bathroom trailers will be open and staffed for Mothers’ Day; 2 new pay machines have been installed; asked Mr. Savacool about sand removal at Risden’s (Mr. Savacool – met with Mr. Trout and owner of Groundhog, who quoted 2 years ago – new Boardwalk since then – talked about utilizing DPW vehicles to get sand to the Inlet – original quote was only for front of building – new quote is about twice as much and above the bid threshold – they’ve indicated they might be able to do it for original quote, depending on what he encounters, if he will get stuck or if the piles are in poor shape – contractor suggested removing less sand; Councilman Reid: asked how far they'd have to go down) need to crawl under – curb to bottom of bath house is about 2’ (Councilman Reid: asked about using companies with machines that vacuumed sand out from under houses after Sandy; Mr. Savacool: that was quoted at $4K/day for 30-40 days; Councilman Vogel: asked about radar or sonar technology or camera scoping; Councilman Reid: asked where money would come from; Councilman Mayer: bond ordinance & Open Space Fund; BA/CFO Riehl: have put a cap at $30k – can’t exceed bid threshold of $36K without public bid; Mr. Savacool: asked about restriping the parking lot – recommends restriping and freshening up next year – as long as bid is below threshold and more than 3 bids were attempted, Council could authorize it – he could speak to contractor tomorrow about the not-to-exceed amount of $30K; Attorney Riordan: recommends authorizing the Engineer to either get a quote that meets the authorization Council has already given him or to go out to bid; Councilman Reid: concerned about re-striping in time for summer; Mr. Savacool: could close the small parking lot during the week and not incur impact – asked if sand removal would be a team effort with DPW; BA/CFO Riehl: could do 1 cubic yard/trip – there are 600 cubic yards – doesn’t know if Inlet can take that much; Mr. Savacool: doesn't think so – about 400; Councilman Reid: will cost more money to move the rest; Councilman Vogel: asked about storing some on the property next to the bath house; Mayor Barrella: or at DPW; Councilman Mayer: asked that Mr. Savacool come back next meeting instead of doing this on the fly; Mayor Barrella: recommended authorizing Mr. Savacool to get it done, within the dollar parameters; consensus to add to agenda as Item 1; Attorney Riordan: if Mr. Savacool is unable to get a contract at $30K, he will draw specs and go out to bid).

Councilman Vogel: asked Councilman Migut to have Master Plan Subcommittee consider how bay windows that don't go to floor are counted in setbacks and allowing 1 or 2 per side not to be counted; canine team continues to train regularly; a detective and school resource officer attended a juvenile law update; seasonal and SLEO’s continue weekend training in-house, preparing for Memorial Day weekend; police department received a $4K grant for the Click It or Ticket Program – statewide enforcement, running May 18-31; PFC Kyle Boturla and PO Gary Siculietano will receive valor awards from the 200 Club of Ocean County at their June 10th ceremony, for removing a disoriented elderly male from the Mariners Cove Hotel fire – congratulated them; there was no quorum for the Recreation Committee meeting – Pickle Ball is in full swing, as is the volleyball program, aimed at elementary school children – ramping up for Summer Recreation Program.

Mayor Barrella: asked if Engineer Savacool or Councilman Vogel are attending the meeting with the DEP Commissioner on Thursday, as he cannot (no); asked the Municipal Clerk about ABC licensing procedures (been changed to an online process this year – have not yet received instructions).

The Municipal Clerk announced revision to Item 1s.

BA/CFO Riehl: addressed NJ Transit’s direct service – reached out to them after an e-mail exchange with the Chief, inquiring about any additional accommodations for rest rooms or opening their facilities – was told they have no plans to do so (Councilman Reid: that’s a problem for people heading back from the beach – PPB had previously offered to take over the bathroom, but did not because would have to take over the whole building; Chief O’Hara: northbound passengers will be relieving themselves behind bushes and buildings in the evenings and it will be a mess – need port-o-johns at minimum; Councilman Reid: Council needs to do something; Councilman Vogel: maybe the Chamber can assist; Councilman Reid: that’s a good point – he will make some calls; Councilman Mayer: suggested a resolution stating that PPB is glad to accommodate NJ transit customers and they are welcome, but we beseech them to please provide bathroom facilities for their customers when returning to the train (Mayor Barrella: instructed BA/CFO Riehl to draft a letter to be sent from his office; Attorney Riordan: suggested copying local legislators; Councilman Reid: asked BA/CFO Riehl for cost of port-o-johns); this is a pilot program that NJ Transit is getting funded through grant money (Mayer Barrella: suggested posting special officers in the building at night, so there is no destruction of property, and charging NJ Transit for it) when PPB offered to run the bathrooms, they required that their union workers be hired at overtime rates – couldn’t staff with our own people; Chief O’Hara: they are reluctant to open without their staff being there (Mayor Barrella: that’s nonsense because it is open during the day and he never sees NJ Transit staff; Item 1v was added to the agenda).

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:26PM.

Vince Castin, Point Pleasant Beach (PPB): takes train to city often – restroom always locked; asked Councilman Reid about Shop Local program and mailer; should bulldoze the Risden’s property and start over; asked about Item 1s (Attorney Riordan: disciplinary action with respect to a particular employee – not something Council can discuss in public); asked if sand fiasco has anything to do with dune program.
Dave Cavagnaro, PPB: asked about Item 1f and what happens if they don't publish race route in advance, as they usually don't (Councilman Mayer: instructed the Municipal Clerk to call the First Aid Squad and remind them to publish their route or their permit will be withdrawn; Councilman Vogel: advised using the newspaper notice to direct people to the web site to see the map); asked if everyone on Council has read Ordinance 2015-08 and is comfortable with it and if anyone spoken to the Building Inspector about it – asked if Engineer Savacool feels it’s in the best interest to measure from curb or BFE (Mr. Savacool: reviewed 100 or so BOA applications from 2013 and 2014 – is of the opinion that almost all height variances granted fell within the range that the proposed ordinance would allow – ordinance ameliorates specific hardship, rather than requiring relief).
Bob Santanello, PPB: his house needed a height variance – thinks the ordinance is good – can get the same house with without spending 3 months and $5K-10K on engineering costs for a variance – not in favor of second floor 80% language, which would make a lot of houses non-conforming – likes diversity of homes in PPB – Governing Body shouldn't decide on style, design or taste.
John Jackson, PPB: commends Council for taking action with the height ordinance, preventing people from having to go for variances – an issue before and since Sandy – argued that the floor area ratio should be reconsidered, as lit legislates a divine proportion, architecture is a matter of taste & style and many houses wouldn't comply – complicates things in smaller lots, where people are desperate for space (Engineer Savacool: 80% ratio does not apply to Bungalow District; Councilman Migut: will propose that things be monitored) will make many houses non-conforming – a nightmare.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:58PM.

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

Councilman Vogel: asked about Item 1p (Councilman Reid: important because parents are parked all over – busy area – children crossing street – dangerous) asked about Chief O’Hara’s commentary about opening a flood gate (Chief O’Hara: not affecting safety issues of PPBHS – would hate to see a precedent set for other facilities) asked if it can be seasonal (Attorney Riordan: when school is in session would be the right thing to do; Chief O’Hara: wouldn't be an enforcement issue, if signs are clear) doesn't want people ticketed when school is not in session; Councilman Reid: if it’s all year, it sends a message for safety & makes it easier for police).

Motion by Councilman Reid to approve the items listed below was seconded by Councilman Migut and carried by roll call vote.
1a Support for Click It or Ticket Mobilization, May 18-31, 2015
1b Approval of payment of Payroll #9-2015 ($241,426.40)
1c Approval of payment of tax appeal refund for 521 Arnold Ave ($7,898.91)
1d Approval of S/E Application for the ACS Breast Cancer Walk on 10/18/15
1e Resolution covenanting to comply with IRS Code & designating BAN as qualified tax-exempt
1f Approval of S/E Application for First Aid & Emergency Squad Monster Dash on 10/24/15
1g Approval of payment to Galvin Law Firm from 16 BOA escrow accounts ($2,455)
1h Approval of payment to Denise Sweet from 5 BOA escrow accounts ($400)
1i Approval of PO to McNamara Screen Print & Embroidery for police uniform supplies ($11,480)
1j Approval of payment to Fitness Lifestyles for elliptical machine, mats & install in PD ($3,925)
1k Approval of payment to State of NJ for employee & retiree health benefits ($128,655.08)
1l Award of contract & approval of PO to Traffic Lines, Inc for line striping at various lots ($12,467)
1m Approval of 4 W/S adjustment requests
1n Approval of refund of Building Permit fees for 38 Niblick Street ($3,772)
1o Authorization for Attorney to draft necessary ordinance(s) & resolutions to implement Shop Local
1p Authorization for Attorney to draft ordinance providing for 2 parking spaces on Forman for PPB Prep Preschool loading & unloading 7:30AM-9AM & 11:30AM-1PM
1q Approval of PO to Lasting Line Painting for line painting throughout PPB ($24,000)
1r Appoint SLEO Class 1 (1) – ADDED BY CLERK AT MEETING
1s Authorization for Clerk to take action, as discussed in closed session – CLOSED SESSION ITEM
1t Approval of curb cut request at 209 Philadelphia Ave – ADDED FROM DEPT HEAD MEMOS
1u Authorization for Engineer to obtain contract under bid threshold for removal of sand or prepare specs and go out to bid for removal of sand – ADDED FROM COMMITTEE REPORTS
1v Authorization for Administrator to drafted letter to NJ Transit, requesting bathroom facilities be open – ADDED FROM ADMINISTRATOR’S REPORT
2a Approval of PO to Fireflow Services, Inc. for Fire Co ladder, hose and pump testing ($4,711)
2b Approval of payment of computer generated vouchers ($350,926.56)
VOTE: Councilmen Reid, Migut, Toohey (except 1p), Mayer, Cortes, Vogel (except Items 1d, 1f and 2a)…YEA
Councilmen Toohey (Item 1p) and Vogel (Items 1d, 1f and 2a)
*Per Borough Attorney, assume usual abstentions on item 2b with which Council has conflicts.


Ordinance 2015-06 (Revisions to Front Lawn Parking Ord.) was considered on second reading.
Mayor Barrella opened the public hearing, with no member of the public wishing to be heard.
Motion by Councilman Migut to close the public hearing and adopt Ordinance 2015-06 on second reading was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-07 (Repealing & Replacing Ord. 2013-51) was considered on second reading.
Attorney Riordan: amended language in Section B for clarity, does not change the meaning of the ordinance, to: “…subject only to a collective bargaining agreement (CBA) Benefits for work-related injuries shall be limited to the benefits provided by N.J.S.A. 34:15-1 et. seq. and any subsequent amendments thereto…” – dropped the language “…effective at the existing date of this ordinance..”
Mayor Barrella opened the public hearing, with no member of the public wishing to be heard.
Councilman Vogel: asked for clarification on timing and impact (Attorney Riordan: don’t get into negotiating strategy – employees’ problems with negotiation should be left to labor counsel; part of the Best Practices from the State of NJ is for municipalities to end the practice of supplementing Worker’s Compensation benefits out of the municipal budget – this ordinance states PPB’s desire to move to that Best Practices situation – at present, Borough makes up the remaining 30% – this ordinance allows the Borough to move away from that policy – simply fixing the mistake that was made by the prior ordinance, which was enacted for the reasons he is discussing; Councilman Mayer: before this ordinance, both by ordinance and CBA, there was 100% compensation – there was a notion that it did not encourage people to come back to work – could make more money being sick because Worker’s Compensation is not taxable; Attorney Riordan: implored Council not to speak to employees about labor negotiations – it’s entirely improper – employees were complaining to Councilmen that this ordinance would be adverse to their CBA and they shouldn’t be bringing that to Council – employees should be referred to their labor union attorney, who had already asked the question and received a response – unfortunately, union members were unhappy with their labor counsel's response – that’s why they went to Council and it’s improper).
Motion by Councilman Mayer to close public participation and adopt Ordinance 2015-07 on second reading was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes,…YEA
Councilman Vogel….NAY

Ordinance 2015-08 (Height Ordinance) was introduced on first reading.
Councilman Mayer: this is an important, succinct ordinance – would appreciate summaries – the way it is presented is a little cryptic – questions if Council should be impeding what people can build on their properties – did a masterful job on the height portion of this – been well-vetted – thanked Engineer Savacool for reviewing the BOA rulings – doesn’t know the difference in the floor ratio concept – is sympathetic to the notion of slowing down – would like to support Councilman Migut, who did a great job – also doesn't understand the portion dealing with roof pitch – and there is a typo in Section 3 (Attorney Riordan: original draft included only the height portion – was asked to include the other things – can go back to simply a height ordinance, if that’s Council’s wish; Engineer Savacool: offered slight correction – to a add a line to give an either/or effect to eliminate restriction of 32.5 feet from BFE; Attorney Riordan: will work with Mr. Savacool on language; Councilman Reid: been an issue for Councilmen Mayer and Cortes and him since Sandy – appreciates everyone’s help and time – Mr. Santanello & Mr. Jackson make great points – is conflicted – wanted to one thing and now there are a couple of other things thrown in (Councilman Toohey: is a big proponent of the 80/20 – when he and Councilman Vogel started these meetings a year ago, it was in response to feedback from the architectural community, the community at large and Planning Board Attorney – doesn’t want to blur the line between legislating taste, but this has been a collaborative process from Day 1 – everything has been thoroughly vetted through the drafting of this ordinance – this product came from input from our Engineer, Planning Board, Planning Board Attorney and community members and reflects every valid concern (Councilman Reid: BFE is important to save people money – part of it is great – asked, with 80/20, if people would have to come back for variance; Councilman Vogel: yes – if they want to do something outside the scope – it’s a give and take – how you rearrange your percentage is up to you – doesn’t legislate taste – many concerns with uses of space are addressed – changing the use of foundation space for when the next storm comes; Councilman Toohey: his house could never go up 2.5 stories under this ordinance, but this provides for enough habitable living space to submit plans without having to go for a variance; Attorney Riordan: suggested splitting this ordinance into 2, as everyone seems to be ok with the height portion; Councilman Reid: a lot of work put into this; Councilman Migut: at year-end, will get Attorney Galvin's Zoning Board report – will see how it worked – have to monitor it – other towns have tweaked their ordinances numerous times – this isn’t the final word; Councilman Cortes: since Day 1, has been saying we have to measure from BFE – maybe we don’t have to wait until the end of the year to make changes – iffy on the 80%, but wants to get this done – can always tweak – been too long).
Motion by Councilman Migut to approve Ordinance 2015-08 on first reading, with Engineer Savacool’s amendment, was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on June 9, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Mayor Barrella: confirmed that those who are supporting the 80% are not doing to so to generate fees for Engineer Savacool to kick back by way of campaign contributions.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 9:25PM.

Vince Castin, PPB: agrees with Councilman Mayer on the need for ordinance synopses.
Dave Cavagnaro, PPB: spoke about paint lines left on Boardwalk and streets after runs – supposed to be washable – tape people or signs could direct people; asked that a copy of Council’s agenda packet be available to the public during meetings; asked when Loughran’s Point upgrades would be available for public viewing.

Mayor Barrella: clarified that his comments about generating fees for Engineer Savacool have nothing to do with his thoughts about him – has only the highest regard and utmost respect for Mr. Savacool, who he knows would never do that, nor would he – not an attack on Mr. Savacool.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 9:29PM.

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

Meeting was adjourned at 9:29PM.

ATTEST: ____________________________________
Eileen A. Farrell, RMC
Municipal Clerk

Published May20, 2015 | Council Minutes | 2094

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