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May 19, 2015

Council Meeting Minutes

Mayer Barrella called the meeting to order at 7:01PM. Present were Councilmen Reid, Migut, Toohey and Cortes. Councilmen Mayer and Vogel arrived during closed session. 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 Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Cortes …YEA

Closed Session began at 7:03PM and ended at approximately 7:50PM

Mayor Barrella called the regular meeting to order at 8:03PM. Present were Councilmen Reid, Migut, Toohey, Mayer and Cortes. Councilman Vogel arrived at 8:05PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Toohey to approve the May 5, 2015 Council meeting minutes was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel…YEA

DEPARTMENT HEAD MEMOS/DISCUSSIONS:

Possible changes to Ordinance 2015-08 were discussed and second reading was suspended. (Attorney Riordan: while the Planning Board approved Ordinance 2015-08, Board Attorney Galvin, upon reflection on the comments after the meeting, suggested it be changed). Ordinance 2015-08 was replaced by Ordinances 2015-13 and 2015-12, which were drafted with Engineer Savacool’s and Attorney Galvin’s input and were added to the agenda for introduction (Councilman Mayer: asked that the “80%” requirement be changed to 85% – no objection).
Nettuno Food Truck request was discussed, with no action taken.
COMMITTEE REPORTS:

Councilman Reid: No report.

Councilman Migut: on behalf of the Animal Welfare Committee, requested authorization for attorney to research Toms River’s tethering ordinance (Deputy Clerk Mutter will request a copy from the Toms River Clerk); Floodplain Management Plan Committee will have final meeting on May 27, 2015 – proposed plan should be available on the municipal web site prior to the meeting, after which, it will come to Council; Building Department reports people with newly-built elevated houses are using lower levels for living space instead of parking or storage – also requesting variances for sheds – violates Master Plan and Floodplain Management Plan; Master Plan Sub Committee will send a draft of its review to Planning Board for their June meeting – then on to Council.

Councilman Toohey: asked Administrator Riehl to ensure that the people, referred to by Councilman Migut, who are using parking/storage space as living space, be issued summonses – a life hazard and the longer it goes on the more it will perpetuate – if ZO Petrillo needs more tools to do that, Council can work on it; has the Loughran’s Point plans – will review at the June 17th Open Space meeting – Engineer Savacool should attend – Councilman Reid will attend also to talk about Shade Tree’s request for a park at this location.

Councilman Mayer: reminded all about the Non-Resident Taxpayer Advisory Committee meeting on July 11, 2015 at Antrim School at 10AM.

Councilman Cortes: sand is out and 80-90 pilings are exposed at the bath house – only 4-5 are questionable – Barlo can now move forward with structural evaluation – sand is going to Mantoloking for free; Engineer wants to submit final bathroom specs for 1 Ocean Avenue for review on May 27th, with authorization to bid on the June 9th agenda, award of contract in July and start of construction in August; pump house on Cooks Ln. was removed; received a $12.5K estimate to remove JCPL poles – can discuss; transformer at Central Ave. & Boardwalk was changed; got a new dumpster at Arnold Ave. (Councilman Toohey left the room 8:42PM and returned at 8:45PM); there is a lack of benches in the Boardwalk plaza area – should start working off the list, starting with the oldest first (Chief O’Hara: keep them up against railing and not in front of the police substation; Attorney Riordan: policy requires approval from a previous Councilman; Administrator Riehl will make changes and recommendations) Environmental Commission has been taking care of street ends going up to the Boardwalk – been proactive about getting Adopt-a-Spot applications coming in – include maintenance & beautification, plantings, minor repairs, cosmetic enhancements – are reviewed annually – applications are available from BA/CFO Riehl – some have been sent back as incomplete – could be helpful because of a lack of manpower on the Beautification Committee; got another e-mail from a business about pedestrian crosswalk signs (Chief O’Hara: they are a hindrance and very expensive).

Councilman Vogel: 23 Special Law Enforcement Officer’s (SLEO’S) Class II graduated from the Academy today, including Richard Lorfing and Christopher Santangelo, who were recognized for achievement – have a full summer complement of 46 SLEO Class II’s and 29 SLEO Class I’s; have grants for extra patrols during the Click It or Ticket state-wide program, May 18-31; acknowledged Emergency Services Personnel for their outstanding work, as it is National EMS week; Memorial Day parade is on Saturday at 10AM, followed by a service at the band shell – invited all to attend.

Administrator Riehl: asked for authorization for Bond Counsel to draft a capital bond ordinance, for introduction at the June 9th Council meeting, for 2015 capital projects – per the Borough Engineer, we need to move forward with road paving and the Inlet Bulkhead (added to agenda).

Mayor Barrella: PPB is lucky to get good SLEO candidates – asked where those recognized went to high school – should consider granting preference for SLEO Class II tenure of 3 to 4 years – would give department more flexibility and diversity – per Chief O’Hara, first line of defense is SLEOs, who put their lives on the line for $10/hour – inadequate in this environment – while there are budgetary issues, suggested moving things around (Chief O’Hara: $2/hour raise equates to about $90K/year) suggested incremental increases each year; Councilman Vogel: Civil Service regulations don’t provided much flexibility – Finance Committee was to meet with the police department in June); suggested eliminating residency preference, which is a hindrance to hiring the best people; been corresponding with ABC, trying to get facts concerning license renewals and potential issues (Municipal Clerk explained the new online renewal procedure and the September 18th extension).

The Municipal Clerk added & revised agenda items.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 9:02PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): asked about item 1x; asked that Ordinances 12 and 13 not be introduced, as Council said at last meeting that they were comfortable with the original – complained that there were no copies for the public and that the public and building departments have been ignored on this – asked that copies be given to Open Space Committee.
Marilyn Burke, PPB: asked how often SLEO II’s have drawn their weapons in the last year – no serious crimes here – asked how many crimes were committed in the past 18 months – concerned about increasing salaries.
Jeff Cundey, Point Pleasant: licensed architect, speaking on behalf of his clients, the Bryants – ZO Petrillo never even mentioned this ordinance – big change to what they have been working on for months – concerned that every house he has designed in PPB would become non-conforming.
Jeff Bryant, PPB: purchased Long Point Ln. property 2 weeks before Sandy – looking to tear down and rebuild – strongly opposes ordinance which restricts new construction and makes his new home less competitive with existing or renovated properties – fears inverted living.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 9:47PM.

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

Motion by Councilman Reid to approve the items listed below was seconded by Councilman Toohey and carried by roll call vote.
CONSENT RESOLTUION 1:
1a Appointment of Seasonal P/T Communications Operators (3) – CHANGED PRIOR TO MEETING
1b Approval of PO to Staples Print Solutions for electronic PATS tickets ($2,670)
1c Approval of payment to Fallone from developer escrow account ($12)
1d Approval of Water/Sewer bill adjustments (5)
1e Payment to T&M Associates from BOA, Pl Bd & Developer escrow accounts ($8,521.46)
1f Approval of taxi driver licenses (2) and 3 taxi vehicle licenses (3)
1g Approval of S/E application for Festival of the Sea 5K, 9/19
1h Approval of payment to Atlantic Salt for deicing salt ($3,347.49)
1i Approval of payment to OCUA for 2nd Quarter 2015 ($320,265)
1j Approval of payment of Payroll #10-2015 ($250,542.27)
1k Approval of payment to Global Industrial Equip for 40 recycling receptacles ($19,219)
1l Approval of payment to Brick MUA for April bulk water usage ($72,017.72)
1m Approval of payment of annual contribution to PPB Parking Authority ($50,000)
1n Approval of payment to Pt Pleasant Boro for tax payments cashed in error ($12,074.01)
1o Approval of PO to R.N. DeMaio for DPW cleaning & paper supplies ($5,000)
1p Approval of payment to All Points for parking passes, envelopes & postage ($2,792.30)
1q Appointment of B. Quinlan as Seasonal P/T Data Entry Clerk in the Court office
1r Approval of ABC Social Affair Permit application for Wine Garden at Chamber Festival of the Sea
1s Approval of ABC Social Affair Permit application for Chamber Chowder Festival
1t Approval of PO to Custom Environmental Tech for corrosion inhibitor ($4,205)
1u Approval of PPBHS request to close part of Trenton Ave for Hall of Fame mobile museum, 9/30
1v Authorization for Administrator to execute settlement agreement in PPB/Boylan litigation
1w Authorization to hire Robert Budesa, Esq. as hearing officer for employee discipline hearing – REVISED AT MEETING
1x Support for potential Brownfield remediation at the Sea Coast Oil property
1y Approval of banner relocation for Alzheimer’s Assoc. banner to Arnold, west of Richmond
1z Approval of payment to Mark Woszczak for drainage improvement work ($7,300)
CONSENT RESOLUTION 2:
2a Approval of PO to Devo & Assoc. for parking meter cancel boards ($5,000)
2b Approval of payment to Harris Interact for mobile cop license maintenance/renewal ($6,120.12)
2c Approval of payment to Devo & Assoc. for meter equip, install, training & airtime ($29,024)
2d Authorization for the Administrator to execute contract with Business Watch International
2e Approval of ABC Social Affair Permit application for Elks Fluke Tournament, 7/24/ & 7/25
2f Approval of S/E application for St Peter PTA Car Raffle sales on Boardwalk 5/28-9/30
2g Purchase order to Surfside Electric for upgraded electrical box ($2,617.50)
2h Authorization to for Clerk to advertise for Payroll Clerk
2i Approval of PO to Hertrich Fleet Svcs to replace DPW vehicle ($21,082) – ADDED PRIOR TO MTG
2j Authorization for Attorney to research tethering ordinance – ADDED DURING CMT RPTS
2k Authorization for Bond Counsel to draft capital bond ordinance for 2015 capital projects – ADDED DURING COMMITTEE REPORTS
CONSENT RESOLUTION 3:
3a Approval of payment of hand checks ($3,198.69)
3b Approval of payment of computer-generated vouchers ($579,722.50)
3c Approval of payment to the Ocean County Landfill to replenish escrow ($50,000)
3d Memorialization of approval of membership in Ocean Fire Co No 1
3e Approval of PO’s (2) to Nat Alexander for SCBA testing and equipment ($8,356)
3f Approval of payment to Firefighter One for replacement turnout gear & equip ($24,949.60)
CONSENT RESOLUTION 4: – CLOSED SESSION ITEM
4a Authorization to certify Civil Service list for Police Captain
4b Authorization to certify Civil Service list for Police Lieutenant
4c Authorization to certify Civil Service list for Police Sergeant
VOTE: Councilmen Reid (except item 3c), Migut (except Consent Resolution 3), Toohey, Mayer,
Cortes, Vogel (except items 3b as needed, 3d, 3e, 3f and 4a).
Councilman Reid (item 3c), Migut (Consent Resolution 3), Vogel (items 3b as needed,
3d, 3e, 3f and 4a)….ABSTAIN
*Per Borough Attorney, assume usual abstentions on items 3a & 3b with which Council has conflicts.

ORDINANCES:

Ordinance 2015-09 (Shop Local) was introduced on first reading.
Motion by Councilman Reid to approved Ordinance 2015-09 on first reading was seconded by Councilman Toohey and carried by roll call vote. Public hearing will be held on June 9, 2015.
VOTE: Councilman Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-10 (Loading/Unloading Parking Spaces on Forman) was introduced on first reading.
Motion by Councilman Reid to approved Ordinance 2015-10 on first reading was seconded by Councilman Migut and carried by roll call vote. Public hearing will be held on June 9, 2015.
VOTE: Councilmen Reid, Migut, Mayer, Cortes, Vogel….YEA
Councilman Toohey….ABSTAIN

Ordinance 2015-13 (Amend Chapter X1X - Principal Bldg Area) was introduced on first reading.
Motion by Councilman Migut to approve Ordinance 2015-13 on first reading was seconded by Councilman Vogel and carried by roll call vote. Public hearing will be held on June 23, 2015.
VOTE: Councilmen Migut, Toohey, Mayer, Vogel….YEA
Councilmen Reid, Cortes….NAY

Ordinance 2015-12 (Amend Chapter XIX - Height) was introduced on first reading.
Motion by Councilman Cortes to approved Ordinance 2015-12 on first reading as seconded by Councilman Reid and carried by roll call vote. Public hearing will be held on June 23, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 10:07PM.
Andy Mados, PPB: lost home during Sandy – had 2 builders – met with ZO Petrillo – was not approved by the Board of Adjustment, due to height issue – got new builder and redesigned to comply with the height requirement – then this ordinance came around, which he caught in the newspaper – in process – house is not in the 80% ratio.
Dave Cavagnaro, PPB: thanked DPW for barrels and flags; asked what will be done about the fact that the Antrim run route was not published; lot of arrows are still on the street; asked about compensation for use of parking lot during Cystic Fibrosis run; asked what would be done if police stopped someone at night for an alcohol-related issue and knew where they were last drinking.
Jeff Bryant, PPB: having the option to design & build from the curb with the existing ordinance would satisfy his requirements and, most likely, those of others in his situation.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 10:17PM.

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

Meeting was adjourned at 10:18PM.





ATTEST: ____________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published June10, 2015 | Council Minutes | 2116


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