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July 7, 2015

Council Minutes

Mayor Barrella called the regular meeting to order at 7:30PM. 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 23, 2015 Council meeting minutes was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel…YEA


Councilman Reid: addressed the Appellate Court ruling on the District 4 Parking Plan – opposed it at first - went door-to-door, found people are happy and is now for it - doesn't want to reintroduce tonight, but take the time to talk with the Chief and public and do it right so there are no more problems – have spent more than $100K in legal bills defending it (Mayor Barrella: has been upheld substantively – believes one Councilman has a conflict; Councilman Vogel: asked about the aspects of the decision; Attorney Riordan: there were substantive challenges that the Court did not reach; Mayor Barrella: Court did not address Judge Grasso's opinion to uphold the validity on a substantive basis; Attorney Riordan: yes – because Appellate Division decided that the ordinance was invalid, they were not going to address the substantive arguments made by counsel; Mayor Barrella: invalid on procedural grounds – introduced by a 2-1 vote instead of 3-0; Attorney Riordan: true, but the Appellate Division emphasized that they had not gotten to the substantive issues, leading some to conclude they’re anxious to get there; Mayor Barrella: if you wait another 2 weeks, you wait through the summer and it will go away – today’s letter from Martell’s attorney, Mr. Gasiorowski, made it clear that they are directing the litigation.

Councilman Migut: contact Karen Mills for tickets to the Animal Welfare Committee summer fundraiser; Planning Board met last week on Floodplain Management Plan and Master Plan – adopted Floodplain Management Plan with a comment that Council consider a more stringent Dune Ordinance – must come before Council next meeting – only significant change to the Master Plan is consideration of an R3 Zone on Randall Ave – will come to Council for review within the next 2 meetings; Board of Adjustment Chair needs help interpreting the land use ordinance adopted last year – has questions about foundation plantings and decorative facing – asked Councilman Cortes if he had ideas (Councilman Cortes: yes).

Councilman Toohey: Open Space meeting is on July 9th – discussing Loughran's Point plans – will take recommendations & move forward with Bulkhead Restoration Project in tonight's bond ordinance; had asked Council President to add item 1b, which was held at last meeting – ARC Director is amendable to moving date to July 31st – retracted comments made at the last meeting that he can't represent the Borough in this matter – there is a lot of support in the community for events such as this – understands Chief’s concerns – won't be done on regular basis and it falls between somewhat off-hours (Lt. Michigan: concern about the tent – asked that the tent not be approved) organization wants to keep the tent – bringing medically-fragile people.

Councilman Mayer: refunding bond issue closes Thursday – more than $9M in notes come due in August – need to look at FEMA money and what they owe us – asked BA/CFO Riehl to compile a list (of funded ordinances) – eventually will have to convert those notes to bonds; 2 bond ordinances are on the agenda for 2nd reading – been a long road through Capital Budget process to get here.

Councilman Cortes: will e-mail or personally thank employees on their anniversaries – recognized Terry O’Connor - 10 yrs, John Trout – 29 yrs, Kyle Boturla – 9 yrs, Sean Malone – 1 yr; thanked DPW Super Trout for fixing lights and timer at Pleasure Park – timer has now been set – basketball court lights are on 6:30-9:30PM; spoke to Engineer Savacool about angled parking at Inlet Dr off Ocean Ave to slow traffic and gain parking – will sketch to see how it plays out – might need a delivery area (Councilman Migut: get Board of Fire Officers to weigh in – 2nd-story residential); Barlo has finished the Risden’s building assessment and is working on a final report; received e-mail about potholes on Parkway – DPW will address as best they can – will accompany Engineer Savacool in August and September when he evaluates Borough streets – 15-month cycle to get DOT money to repair; after rain, water sits on the road adjacent to the Arnold Ave parking lot – BA/CFO Riehl will have DPW mason redo the sidewalk there.

Councilman Vogel: thanked DPW for fixing Maryland Ave Beach walkway and patching potholes on Maryland and Delaware Aves; thanked police department – busy weekend – did an outstanding job getting traffic out after fireworks – worked with DOT to ensure the bridge was down – through grant program, had officers doing DWI patrols and Cops in Shops – received letters of accommodation for officers going over and above (Councilman Mayer: fireworks were July 3rd – asked if there was a difference in dispersing traffic; Lt. Michigan: didn't seem like the same amount of people, but still congestion; Councilman Reid: asked if Specials can be moved off the Boardwalk to crosswalks after fireworks; Lt. Michigan; have done it in the past – people cross where they want – will look into it).

Mayor Barrella: confirmed with Attorney Riordan that the Borough is filing for a stay of the Appellate Division order (Attorney Riordan: yes – Attorney Gertner will be moving for a stay to buy time – to put the ordinance back until Council does what it has to do – theoretically, the Appellate Division could agree to stay their decision, which would bring the Parking Plan back into effect) asking them to hold-off enforcing their opinion, while Borough delays putting the plan back in place, which is the reason for filing for the stay (Attorney Riordan: doesn’t expect that to be a problem with the Appellate Division – just shows slow, considerate action – doesn’t expect the Appellate Division to penalize the Governing Body for taking a week or 2 to think about it) asked what is necessary, other than fixing the procedural defect (Attorney Riordan: could have a discussion with the Speronis’ attorney, Jackson, to see if something could be done to avoid future challenges – Mr. Jackson called to say he’d like to discuss this) suggested putting it back in place, then discussing how it might be modified (Councilman Vogel: haven’t seen the legal decision or had a chance to discuss – nothing on agenda – pontificating and making baseless accusations to grab headlines) no reason to grab headlines – not running – guarantees plan will go away or be emasculated to a point where it doesn't work – been a homerun for 2-3 years – keeps people off streets and funneled into lot – Mr. Jackson is President of the Republican Club, who choose the people who sit up here (Councilman Cortes: opposed the plan at first – called 150 residents and was sold on it; Councilman Vogel: it’s not on the agenda) decision was just handed down yesterday – should be introduced by title and ready by July 21st – Judge Grasso ruled the plan is substantively fine – no constitutional infirmity – Supreme Court has said that parking is not a protected right – no checks and balances in PPB – one party government.
Administrator Riehl: a few years back, DOT proposed a traffic light at New Jersey Ave – they want to meet to start installation – will change traffic flow on Forman, which will be one-way east; restoration of Lake of the Lillies shoreline is scheduled to start – spraying and cutting in July and August, plantings in September (Councilman Mayer; asked if there are still blinkers in Lavallette in winter – would like BA/CFO Riehl to discuss with them the particular criteria for that – must also focus on Little Silver Lake dredging) size of appropriation keeps increasing – will go to Local Finance Board for waiver of down payment and include the EIT funding (Councilman Mayer: need to circle back with County) on record for 25% cost share, but they won’t appropriate money until 2016.

Attorney Riordan: State requested an estimate as to when the Mayor would sign the easement (item 1k), if authorized – would appreciate him doing so as soon as is convenient

Clerk asked Council about adding White Sands’ request to postpone ABC license hearing (Attorney Riordan: police felt application was unclear as to the precise location of the licensed premises – concerned with efforts to expand the definition eastward – documents provided a bit of concern – ABC and police have asked them for additional information – confusion in documents – principals should be on record, making it clear in open Council chambers and in testimony that there is no effort in these documents to move the description of license premises from where it was last year – police and he have no objection to a postponement) no action taken.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:02PM.

Virginia Cronin, Point Pleasant Beach (PPB): wants dunes in place – asked when they will be there and how high – thought sand was supposed to be pumped in to establish a longer beach – asked why PPB didn’t get a pumping station – Little Silver Lake is problem – old pumping station at Central Ave is not effective – water must be evacuated quickly – doesn’t want another 55” of water around her home – been in PPB since 1976 – considering selling her house – questioned if dunes would go all the way up to the Inlet – would like Council to consider reinforcing Martell’s and Jenkinson’s buildings with back sand – they don’t go down through the sand, they just have pilings – spoke about the flooding last summer between Boston and Baltimore Aves during a regular rain storm – those are areas that need support.
Elizabeth McLoughlin, PPB: asked about the pumping station – water comes from under her house, from the grates – Borough is supposed to clean out the drain at the bottom of Curtis Ave – both sides of the Borough flood – State should take a look when it rains – dunes are a fantastic idea – also makes sense to pump water into the Inlet – never had water until now (Councilman Toohey left the room from 8:23PM until 8:27PM).
Tom Highton, PPB: asked about Martell’s liquor license and ABC licenses in general – some establishments park cars with the keys in them – crazy – knew the girl who took the wrong car – 6AM bar openings should be discussed – asked if police ask where people were drinking when stopped – should be recorded – some establishments have $18 drinks with 3 shots of liquor – asked if ABC has the right to look at what is served – these issues should be tied into all the bars.
Dave Cavagnaro, PPB: asked that ABC licenses being considered for renewal be listed on the agenda, so public can comment; asked about item 1b – Council has protocol to disapprove events; public copies of Ordinance 2015-17 were not provided – while not legally required, it is counterproductive to public participation – 1st reading ordinances have been provided for 15 years, since Pasola was Mayor – asked about a change in protocol.
Vince Castin, PPB: asked if dunes and beach replenishment is still in litigation; asked about Forman one-way – will be a nightmare; angled parking is a bad idea, as visibility is limited (Councilman Vogel left the room from 8:45PM until 8:49PM).
Ms. McLoughlin: asked what time bars open.
Mr. Cavagnaro: asked what is changed in Ordinance 2015-17 (Attorney Riordan: basic change is that the 85% restriction no longer applies to any structure not in a special flood hazard zone – it doesn’t apply to pre-existing homes, unless the existing home is elevated and expanded at the same time – it doesn’t apply to any home with 2500 sq ft or less of floor area – it does not apply to any homes on lots equal to or exceeding 15,000 sq ft) opposed – no Council has ever approved Floor Area Ratio – Planning Board took Floor Area Ratio language out of Master Plan – no one from public has spoken in favor of this – waste of taxpayer money.
Mr. Highton: asked about the interest rate on bonds.

Councilman Migut: asked about the ABC renewal application for Martin Fish & Oyster House license, with an address in Cape May (Clerk: a pocket license, with no current location).

Councilman Cortes: Engineer Savacool requested Council hold item 1h, as work is not complete; asked to consider item 1k separately (Mayor Barrella directed it be made item 3).

Clerk clarified change in date of item 1b, and that there would be no postponement of the ABC renewal hearing date for the White Sands on August 4th.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:47PM.

Motion by Councilman Migut to close public participation and approve the items listed below was seconded by Councilman Reid and carried by roll call vote.
1a Renewal of 2015/2016 ABC Licenses (14)
1b Approval of S/E application for The Arc of NJ outreach event on Boardwalk, 7/31 AMENDED DATE, PER COMMITTEE REPORTS
1c Correction of typo on June 9, 2015 Council Meeting minutes
1d Approval of Elks Social Affair Permit application for Elks Octoberfest event, 9/19
1e Correction of typo on the June 23, 2015 agenda – item 1h
1f Approval of W/S bill adjustments (2)
1g Approval of Payroll #13 ($292,782.52)
1h HELD [Approval of pymt to Traffic Lines for restriping Little Silver Lk parking lot ($12,467)]
1i Approval of payment to Denise Sweet from BOA escrow account ($200)
1j Approval of payment to T&M Associates from (2) BOA escrow accounts
2a Approval of payment to Fire Security Technologies for installation of fire alarms & control panel in basement of municipal building ($5,745)
2b Approval of computer-generated vouchers ($90,916.88)
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA
Per Borough Attorney, assume usual abstentions on item 2b with which Council has conflicts.

Councilman Cortes: favors dunes – his pseudo mother-in-law has a house on Bradshaw’s Beach – feels conflicted (Attorney Riordan: has advised him that if he feels his personal relationship makes it difficult for him to carry out his duty, his obligation is to recuse himself).
Motion by Councilman Reid to approve RESOLUTION 3: Authorization for Mayor to execute easements in favor of the State of NJ for the beach replenishment project was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Vogel….YEA
Councilman Cortes….RECUSE

Ordinance 2015-14 (Water/Sewer Utility Bond) was considered on second reading. The Mayor 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 2015-14 was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-15 (Multi-Purpose Bond) was considered on second reading. Mayor Barrella opened the public hearing with no member of the public wishing to be heard.
Motion by Councilman Vogel to close the public hearing and adopt Ordinance 2015-15 was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-16 (Dog Tethering Ordinance) was considered on second reading. Mayor Barrella opened the public hearing.
Dave Cavagnaro, PPB: asked about section 1b – the difference between the tethering of neutered/spayed and non-neutered/non-spayed dogs.
Motion by Councilman Migut to close the public hearing and adopt Ordinance 2015-16 was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

Ordinance 2015-17 (Revision to Ord. 2015-13 - Principal Bldg Area) was introduced on first reading.
Mayor Barrella: spoke about Councilman Cortes' possible conflict with easements, as it relates to this – last week, in reference to the height ordinance, he alluded that his pseudo mother-in-law’s house is adversely affected by measuring from the curb and the ordinance would increase property values – that’s what the Appellate Division found was a problem with former Councilman Corbally and his was more nebulous and not directly related – if ordinance is challenged and alleged conflict is brought up, entire thing gets tossed out, after people have built according to it – suggested introducing a prophylactic ordinance (Attorney Riordan: there is a crucial difference between Mr. Corbally’s situation and Mr. Cortes’ – Mr. Corbally's business made money on the increase of every property in District 4 – that’s very different than Mr. Cortes’ situation – Appellate Division made it clear that it was a unique situation, where a Councilman made a number of statements that put him into a conflict situation – Mr. Cortes has not made those same statements – his advice is that Councilman Cortes is not in a conflict situation, but he is free to do as he chooses) matter of opinion – someone might want to challenge the ordinance (Councilman Cortes: pseudo mother-in-law did not have to raise or rebuild – used that as an example when measuring from the curb because her house is on the beach – she couldn’t raise, as her house is on pilings; Councilman Reid: thanked Council for working hard on this – it’s a better ordinance).
Motion by Councilman Vogel to approve Ordinance 2015-17 on first reading was seconded by Councilman Toohey and carried by roll call vote. Public hearing will be on August 18, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Vogel….YEA
Councilman Cortes….RECUSE

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 9:02PM.

Mr. Highton: something needs to be done about the Parking Ordinance tonight as a show of good faith – discussions with Mr. Jackson won’t solve anything for residents – if Council is not thinking about changing it, there is no reason not to reintroduce – if tinkering, residents should be involved – asked if signs will come down next week (Councilman Mayer left room briefly, returning at 9:11PM; Attorney Riordan: signs will not be coming down sooner than 30 days; Appellate decision did not contain an order to cover or remove any signs) when it has to do with business, Council is on board – public has asked for peace at night – this has worked marvelously – Boardwalk businesses want to use the front of his house as their parking lot – asked if attorney who didn’t know 3 people were required to introduce is still representing PPB – would be more comfortable with Attorney Riordan – will have drunks parking in front of his house in a month – may need a referendum on closing the bars at 12AM – asked if District 4 residents could meet with Councilman Reid and attorneys Riordan and Jackson – hopes Council knows that Boardwalk is behind the lawsuit and will threaten another.
Mrs. Cronin: asked if police can ticket with the signs up for 30 days (Attorney Riordan: of course not) and if Borough can be fined (Attorney Riordan: can’t imagine what legal authority there would be for such a fine) asked if residents will be advised to remove permits from cars (Attorney Riordan: no reason to do a thing – will ask Court to stay their decision, so everyone should keep the status quo until the Court decides whether they will stay their decision – ordinarily, they respond to requests promptly, within about 2 weeks) concerned that ordinance won’t be in place until summer is over – complained that no one asked for her opinion prior to adoption.
Ms. McLoughlin: outrageous – never got a phone call, before or after the ordinance went into effect – Council doesn’t understand – hasn’t always been this way – different clientele –disappointed that no one wants to put this in place – a registered Republican, she did not vote for anyone on the Governing Body.
Ms. Picard, PPB: has a BYOB business on Broadway – some negative change is a result of the Parking Plan, with businesses advertising to those who come by train and bus – they cause more problems than people with vehicles– if her customers imbibe too much, they still have to get their cars and put them in her lot before calling a taxi or they’ll get ticketed or towed – she received a letter stating if she had employees in her building past 12AM, she would lose her ability to be a BYOB – PPB doesn’t have an ordinance requiring anything for BYOB – she parked 7 blocks away last weekend – understands the craziness, but knew the Boardwalk existed before moving to PPB.
Lucille Buonocore, PPB: problem with drunks on Boardwalk has gotten better since the Parking Plan has been in effect – people still come out of bars and vomit and urinate on property – District 4 homeowners are entitled to peace; spoke about angled parking on Inlet Dr – can’t get through now, with valet parking and deliveries at the 3 restaurants – ambulance can’t get through.
Dave Cavagnaro, PPB: questioned the status of 2 properties on Arnold & Baltimore Aves, which are an increasing problem – on June 24th, police noted underage occupants with no adult supervision – was referred to the Borough Attorney [Attorney Riordan: police continue to enforce the ordinances and have issued a number of summonses – the Animal House ordinance requires 2 convictions in order to take further action – anxiously awaiting the disposition of the summonses issued – police continue to respond to any and all issues that arise on that property and issue the appropriate summonses, despite (landlord) Mr. Schwartz’ threat of civil litigation – have discussed this with him at great length and assured him that police will continue to respond to any and all issues at the properties and will continue to issue summonses as appropriate, despite his threats] owner rents uses rental agencies – suggested they be contacted to ensure they don’t rent to minors.
Mrs. Cronin: lives back-to-back with these houses – the other day, after a rager, furniture, etc. was put out front – police were called – blinds were broken and screens were off the house – Mr. Schwartz has recommended to his renters that, when police come, they go inside, pull the blinds and lock the doors – asked if house can be entered if it is suspected that something is amiss with the age issue (Attorney Riordan: there is a search warrant procedure with well-developed rules) today, a dumpster was dumped at the other house (Councilman Toohey left the room briefly and returned at 9:41PM) asked where conviction is handled and the timeframe (Attorney Riordan: handled here) Mr. Schwartz told her that people who don’t like him end up in his trunk – school bus dropped off kids – almost a DYFS issue – endangerment to youth – kids sit on roof and jump into pool (consensus to have Attorney look at adding an age component to the Animal House Ordinance) affecting her quality of life.
Mike Ramos, PPB: asked if Borough is liable to refund parking ordinance fines (Attorney Riordan: no) asked if Arbutus Ave will be addressed.
Ms. McLoughlin: hears renters yelling at and harassing Mrs. Cronin; asked about tailgating in front of her house, which started last year (Attorney Riordan: not allowed – call police) kids carry Solo cups to the Boardwalk with mixed drinks in them – called the police – was told they are not allowed to see what’s in the cup (Attorney Riordan: keep calling – got bad information).
Mr. Castin: there’s a 5-minute time limit.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 9:45PM.

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

Meeting was adjourned at 9:45PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published July22, 2015 | Council Minutes | 2148

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