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June 23, 2015

Council Minutes

Council President Cortes called the meeting to order at 6:40PM. Present were Councilmen Reid, Migut, Cortes and Vogel. Mayor Barrella and Councilmen Toohey and Mayer arrived during 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 1) legal advice regarding proposed settlement of personnel matter, 2) discussion of renewal of court shared services agreement, 3) discussion of results of research of title issues for additional access to Maryland Ave. Beach was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Cortes, Vogel…YEA

Closed Session began at 6:42PM and ended at approximately 7:28PM

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

Motion by Councilman Migut to approve the June 9, 2015 Council meeting minutes was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Mayer, Cortes, Vogel…YEA
Councilman Toohey….ABSTAIN

DEPARTMENT HEAD MEMOS/DISCUSSIONS:

Councilman Cortes discussed curb cuts requests at the following locations: 59 Harvard (added as item 2f, as amended at 12-ft.-wide curb cut, repainted with 2 feet on either side), 801 Atlantic [held until after the October Board of Adjustment (BOA) meeting], 304 New Jersey (added as item 2G), 106 Trenton (added as item 2h, at 13-ft.), 202 Randall (added as item 2i).

Councilman Cortes: discussed allowing taxis licensed in other NJ municipalities to operate in PPB, perhaps Memorial Day-Labor Day (Chief O’Hara: doesn’t know if it’s allowable – would have to see how other municipalities are doing background checks; Attorney Riordan: allowable under statute – other background check methods don’t alter PPB’s ability to allow them to operate here; Councilman Reid: agrees – need to get people out of District 4; Councilman Toohey: asked how many people use Uber; Chief O’Hara: not a lot – don't know who they are – would rather a licensed cab from another municipality – lesser of two evils – asked what would need to be done to the existing ordinance; Attorney Riordan: simple alteration to existing language – couple of lines – seasonal licenses would become obsolete – can research and limit to those municipalities who do similar background checks – Council can authorize him to draft; Mayor Barrella: someone should sit with the police department and work through their concerns first; Councilman Vogel: asked Clerk to disseminate other town’s ordinances, which were researched last year; Councilman Cortes, Chief O’Hara and Attorney Riordan will meet to discuss; Mayor Barrella: others may not have our same insurance threshold; Attorney Riordan: there has been talk about changing PPB’s insurance requirements – no need to lower the standard, except for seasonal problem hours; Mayor Barrella: not a good message; Councilman Toohey: it's a policy debate

BA/CFO Riehl: permit process revealed that at 206 Ocean Ave., concrete steps and planter are on PPB right-of-way and 101 Boardwalk survey revealed that their air conditioner is on PPB property – building department can't issue licenses for improvements until the Governing Body decides if these things can remain on Borough property and through what sort of license or agreement – have both been there for quite some time and there have been no issues or complaints (Councilman Cortes: should be allowed to fix; Attorney Riordan: license would be the proper procedure – that’s what Planning Board Attorney Galvin has always recommended – allows homeowner to keep improvements on Borough property unless and until the Borough claims it back – all in favor; Councilman Vogel: suggested holding 101 Boardwalk, as it is a BOA case and may warrant further review – no objection) 206 Ocean Ave. was added as item 2j.

Clerk Farrell discussed hearing dates for liquor license renewals. Martell’s hearing date (July 21st) was added as item 2k and White Sands’ hearing date (August 4th) was added as item 2l – 6:30PM for both, with regular meeting to follow, including closed session, if necessary.

COMMITTEE REPORTS:

Councilman Reid: he and BA/CFO Riehl will meet with Carmine DeFalco of the Shop Local program and move forward; he, BA/CFO Riehl, Councilman Vogel and Chief O’Hara met with NJ Transit & discussed the need for bathrooms and extra security at the train station – might be money from NJ Transit for 2 port-o-potties – should order soon, to have in place for July and August – met with the Chief and Sheriff yesterday about how the County can provide extra manpower, if necessary; he and Councilman Cortes are meeting with residents of the Elizabeth Carter Ave. Association on Saturday about issues in their neighborhood.

Councilman Migut: provided information on the Animal Welfare Committee (AWC) fundraiser on the beach at 1131 Oceanfront, July 18th, 6-10PM; welcomed Dee and Camile from the AWC, who came to support the tethering ordinance – Assemblymen McGuckin and Holzapfel have picked up the model ordinance and will introduce a bill to make this a criminal code violation under State statute; will be doing repairs to the cat trailer.

Councilman Toohey: thanked Mr. Cavagnaro for letting him know he had announced an incorrect Open Space Committee meeting date and, since there was no quorum, the Committee couldn’t vote to support or amend the Loughran’s Point plans – next meeting is July 9th at 7PM – hopes the Committee will render an opinion at that point and it can move forward.

Councilman Mayer: referred to bond resolution 1l; estimated tax bills are being done for the third year (BA/CFO Riehl: once County announces their rate, it goes to County Tax Board, for approval – then process can start); significant bond ordinances on the agenda – appropriations, not authorizations to spend – still need to vet contracts when they come through – expects all projects to move forward; asked BA/CFO Riehl to address Green Acres funding (BA/CFO Riehl: applied for Green Acres funding for the balance of the bath house – were eligible for half the acquisition cost – also applied for the 1 Ocean Ave. bathroom – request for both was $1,146K – $914K for the bath house and $232K for the bathroom – were awarded $550K; Councilman Reid: asked for picnic table coverings at Loughran’s Point – saw no plans for a pavilion there).

Councilman Cortes: 1 Ocean Ave. bathroom plans are on the web site and hard copies are available – Open Space will review them at their next meeting; Barlo cleared the sand under the Risden’s building and completed their evaluation – less than 10 pilings are questionable – will move forward with repairs, as the building is structurally sound.

Councilman Vogel: last night’s Recreation Committee meeting was postponed – they’ve been working hard – thanked DPW for getting the park ready for the Summer Rec Program, which starts next week; vehicles have been parking on 1 Ocean Ave. property – mentioned a brown pick-up truck (BA/Administrator Riehl: “No Parking” signs have been staked there); need signage, with regulations about bikes, dogs, etc., at the Atlantic and New Jersey street ends.

Administrator Riehl: received an e-mail from the Bureau of Coastal Engineering regarding the Inlet Bulkhead project – they asked if PPB is still interested in the cost share, which will tie-in to Loughran’s Point improvements – slated to get $505K from the Army Corps for the total project – said we are still interested and the first funding is being introduced tonight – they are looking to meet in mid-July to go over the details of that project; (Councilman Toohey: we have to figure out the plans; Councilman Reid: confirmed that Little Silver Lake was sprayed the other day).

The Municipal Clerk added & revised agenda items.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:18PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): asked about item 1b – wants Beautification Committee to review Adopt-A-Spot applications at their regular meetings; asked about item 1m – estimate spent on Risden’s property; asked if Ordinance 2015-14 would require water/sewer rate increase; asked about including cats in Ordinance 2015-16 (Councilman Vogel left the room 8:20PM-8:22PM; Attorney Riordan: explained the genesis of the ordinance– dog owners were getting summoned didn’t know why – tethering cats is subject to animal cruelty laws; Councilman Toohey left the room briefly at 8:17PM) asked if curb cuts would eliminate on-street parking.
Vince Castin, PPB: complimented work at the lake; asked about bath house renovations/ plans; asked what ABC licenses are on the agenda; asked about item 1v; asked what building was demolished in item 1z; asked what UACE stands for in item 2a.
Ms. Davies, PPB: asked what to do about neighbor’s dogs out barking at 6AM.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:32PM.

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

Councilman Toohey: asked that item 1v be carved out (Mayor Barrella: directed that it be considered as Resolution 4).
Motion by Councilman Toohey to approve the items listed below was seconded by Councilman Reid and carried by roll call vote:
CONSENT RESOLUTION 1
1a Renewal of 2015/2016 ABC Licenses (3)
1b Approval of Adopt-A-Spot Applications (11)
1c Approval of PO to Jersey Mulch Products for mulch and installation at Pleasure Park ($4,050)
1d Approval of payments from (10) BOA escrow accounts ($1,184.03)
1e Approval of payment to Eagle Point Gun for police ammunition & supplies ($4,969.64)
1f Approval of payment to Brick MUA for May bulk water usage ($94,002.65)
1g Approval of payment to Denise Sweet from (2) Pl Bd escrow accounts ($400)
1h Approval of payment to T&M Assoc from BOA, Pl Bd & developer escrow accounts ($3,077.72)
1i Approval of payment to Montenegro, Thompson from (3) Pl Bd escrow accounts ($1,482)
1j Approval of payment to Sensus Metering Systems for water meters ($28,642.05)
1k Approval of payment to All Points for printing of water report and postage ($3,067.92)
1l Approval of terms of W/S utility refunding bonds and award of bonds to TD Bank
1m Approval of payment to Ground Hawg Demo for clearing sand under Bdwlk & bath house ($30K)
1n Approval of payment of insurance opt-outs ($18,327.58)
1o Appointment of K. Seals as P/T seasonal DPW laborer
1p Approval of performance guarantee release to GRGBI for Trenton Ave subdivisions ($19,501.34)
1q Approval of S/E application for NJ Operation Lifesaver rail safety info table on Boardwalk, 7/18
1r Approval of seasonal taxi company (1) taxi driver (3) and taxi vehicle (1) licenses
1s Approval of payment to Stalker Radar for installation of police radios ($5,825)
1t Approval of payment of Payroll #12-2015 ($291,042.72)
1u Approval of dumpster bond releases at 636 Arnold and 101 Parkway ($500)
1v CONSIDERED SEPARATELY AS RESOLUTION 4
1w Approval of release of dewatering bond at 205 Niblick ($200)
1x Approval of payment to Galvin Law Firm from BOA & Pl Bd escrow accounts ($2,759.50)
1y Approval of payment to Louis Berger Group for public assistance services ($20,496.10)
1z Approval of payment to Dane DeForest for building demo & fill dirt ($13,875)
CONSENT RESOLUTION 2:
2a Approval of payment to Sterling DiSanto for USACE storm damage reduction project ($47,933.75)
2b Authorization for Tax Collector to prepare and mail estimated tax bills
2c Approval of payment to the NJ Treasurer for NJDEP CAFRA permit ($1,000.00)
2d Support of property tax rewards program to be implemented as part of Shop Local campaign
2e Approval of PO to CDWG Inc for 21 computer updates for the police dept ($5,352.69)
2f Approval of curb cut request at 59 Harvard Ave, as amended (2’ & repainted w/2’ on either side) – FROM DEPT HEAD MEMOS
2g Approval of curb cut request at 304 New Jersey Ave – FROM DEPT HEAD MEMOS
2h Approval of curb cut request at 106 Trenton Ave (13’) – FROM DEPT HEAD MEMOS
2i Approval of curb cut request at 202 Randall Ave – FROM DEPT HEAD MEMOS
2j Approval of negotiation, drafting & execution of license agreement by Borough Attorney, with respect to 206 Ocean Ave – FROM DEPT HEAD MEMOS
2k Authorization for Clerk to schedule and advertise ABC renewal hearing for Martell’s Tiki Bar Inc on 7/21 at 6:30PM with regular meeting to follow – FROM DEPT HEAD MEMOS
2l Authorization for Clerk to schedule and advertise ABC renewal hearing for 1106 Ocean Ave Inc on 8/4 at 6:30PM with regular meeting to follow – FROM DEPT HEAD MEMOS
2m Authorization to approve resolution of personnel matter, as recommended by Counsel and authorization for Clerk to execute the agreement upon approval of form by Counsel or proceed with hearing – CLOSED SESSION ITEM
2n Approval of renewal of Court Shared Services Agreement and execution of agreement by Administrator, once form is approved by the Borough Attorney – CLOSED SESSION ITEM
CONSENT RESOLUTION 3:
3a Approval of payment to Firefighter One for replacement bail out kits ($2,840)
3b Approval of payment to ESI Equipment for rescue tools & equip for Fire Co No 1 ($14,350)
3c Approval of payment to All Hands Fire Equip for cutting system & training ($3,516.26)
3d Approval of payment to Nat Alexander for RIT-Pak/face piece/regulator for Fire Co No 2 ($5,656)
3e Approval of payment of computer-generated vouchers ($1,838,990.01)
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel (except 3a-d, 3e as needed)….YEA
Councilman Vogel (items 3a-d & e, as needed)…..ABSTAIN
Per Borough Attorney, assume usual abstentions on item 3e with which Council has conflicts.

Councilman Toohey: questioned Chief about not accepting new Special Event applications (Chief O’Hara; it’s Council’s policy – event was previously on private property – objects because he can't see where to put a tent and tables on the Boardwalk, with so many other things there) asked if this can be considered in the future or if it is a problem in general (Councilman Cortes: suggested same location as item 1q, with no tent; Councilman Vogel: while a wonderful organization, it’s been the Governing Body’s direction to add no new organizations; Councilman Reid: have made exceptions – suggested no tent, just a table; Councilman Vogel: suggested the south end of Boardwalk where there is plenty of space, albeit less foot traffic; Mayor Barrella: must decide the policy issue first; Councilman Vogel: other organizations have been turned away; Councilman Migut: suggested standing by policy and taking this under review; Councilman Vogel: would not have a problem with another spot, like the band shell) Councilman Toohey: works too closely with the Arc of NJ and Monmouth County and individuals with special needs to feel like he can unbiasly represent the people of PPB on this issue – would like to hold this and reach out to the organizer – wants to be respectful of the Chief’s judgement, with respect to public safety and try to work something out with the previous location or find something else for them.
Motion by Councilman Toohey to TABLE the item listed below was seconded by Councilman Cortes and carried by roll call vote:
RESOLUTION 4: Denial of S/E application for The Arc of NJ outreach event on Boardwalk, 7/10
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA
Mayor Barrella: confused as to why a 6-ft. table, by an organization that serves people with disabilities, is a public safety problem on the Boardwalk, but allowing a bar to put a dozen or so tables on the Boardwalk, extending out 15-ft., is not.

Ordinance 2015-13 (Amend Chapter X1X - Principal Bldg Area) was considered on second reading.
Motion by Councilman Vogel to close the public hearing and Table Ordinance 2015-13 was seconded by Councilman Reid (Mayor Barrella: can’t have a discussion after a motion to table). Councilmen Vogel and Reid withdrew their motions. Mayor Barrella opened the public hearing.
Councilman Vogel: would like to amend Ordinance 2015-13 to remove properties not in a flood zone, in low-density residential zones, as they are larger-size lots, and any properties under 2,500 sq. ft. in a flood zone. – based on feedback and conversations with the Board Attorney and Engineer (Mayor Barrella: assuming this comes to a vote and passes, it’s only going to be repealed next year) suggested making the height ordinance effective August 1st to allow for revisions to Ordinance 2015-13 to be passed [Mayor Barrella: should hold both and vote on both together; Councilman Cortes voiced frustration – should have been measuring from Base Flood Elevation (BFE) years ago; Councilman Toohey: this is a compromise – to send a message that Council is moving forward to measuring from BFE, effective August 1st – delay is to allow amendments to Ordinance 2015-13 in the interim; Mayor Barrella: the right answer is to give people an option to measure from BFE or from the curb, without imposing the 80% restriction on them – ordinance isn't effective until he signs it] Governing Body consensus is that houses should be elevated – encouraging elevation, with a focus on light area (Mayor Barrella: asked how giving people an option impedes what he wants to do – if people want to measure from BFE, they must decide to put some architectural integrity into their properties – if they choose to measure from the curb, as has been done for years, they don’t have to worry about the 80%) we are encouraging height.
Ron Skiff, PPB: asked about BFE measurement – if height measurement from curb is being relaxed (Mayor Barrella: it’s being replaced; Councilman Toohey: depending on your flood zone, you could conceivably go higher than you could otherwise).
Dave Cavagnaro, PPB: asked if ordinance, once tabled and redone, goes back to the Planning Board (Attorney Riordan: yes; Mayor Barrella: then it’s back for first reading and public hearing – will be passed January 1st and it’s never going to happen; Councilman Vogel: first reading will be July 7th and Planning Board meets July 8th; Councilman Reid: trying to find middle ground – with some changes, it will be a better ordinance) agrees – but should've involved public from the start – might have had all of these suggestions a year ago (Councilman Vogel: Mr. Cavagnaro spoke at the advertised public meeting) in January 2014, when Engineer was authorized to draft height pictures, it took 1˝ years for him to get that information – Planning Board has already rejected this – since introduced, everyone who has spoken publicly is against it – ultra restrictive.
Motion by Councilman Vogel to close the public hearing and TABLE Ordinance 2015-13 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-12 (Amend Chapter XIX - Height) was considered on second reading. Mayor Barrella opened the public hearing.
Dave Cavagnaro, PPB: respects the need for homes to be built higher – asked if measurement can be taken from the curb and height restriction altered (Councilman Vogel – BFE changes over time – being proactive; Councilman Cortes: can have topography differences when measuring from curb – with BFE, everyone is allowed the same amount of livable space) questioned different height restrictions in different parts of town; Councilman Vogel: concerned about air, light and volume – proponent of putting in restrictions to balance things out; Councilman Cortes: beachfront homes are about 150-ft. off the curb – measuring from the closest curb is not fair; Councilman Mayer: doesn't understand Mr. Cavagnaro’s argument in a post-Sandy world).
Ron Skiff, PPB: applauds the height ordinance – building new house – been struggling for 6 months to try to stay within 35 ft. – ordinance allows homeowners to do what's needed for height and insurance purposes – his neighbors have no issues with what he is doing (Councilman Cortes: style and design is up to the homeowner).
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2015-12, as amended with an effective date of August 1, 2015, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-14 (Water/Sewer Utility Bond) was introduced on first reading.
Motion by Councilman Mayer to approve Ordinance 2015-14 on first reading was seconded by Councilman Migut and carried by roll call vote. Public hearing will be July 7, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-15 (Multi-Purpose Bond) was introduced on first reading.
Motion by Councilman Mayer to approve Ordinance 2015-15 on first reading was seconded by Councilman Cortes and carried by roll call vote. Public hearing will be July 7, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-16 (Dog Tethering Ordinance) was introduced on first reading.
Motion by Councilman Migut to approve Ordinance 2015-16 on first reading was seconded by Councilman Toohey and carried by roll call vote. Public hearing will be July 7, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 9:05PM.

Vince Castin, PPB: asked about Resolution 4.
Dave Cavagnaro, PPB: suggested putting plans in foyer; spoke with Open Space Chair about Inlet plans – she suggested angled parking on Inlet Dr. and New Jersey Ave.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 9:11PM.

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 9:11PM.


ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published July08, 2015 | Council Minutes | 2137


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