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July 21, 2015

ABC License Renewal Hearing/Council Minutes

ABC LICENSE RENEWAL HEARING:
Martell’s Tiki Bar Inc, T/A Martell’s Tiki Bar and Jake’s Crab House

Mayor Barrella called the hearing to order at 6:41PM. Present were Councilmen Reid, Migut, Cortes and Vogel. Councilman Toohey arrived at 6:43PM. Councilman Mayer was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Ron Gasiorowski, Martell’s Attorney: referenced his June 30th and July 9th letters to Council – Governing Body renewed the license last year, after a hearing regarding the tragic incident of August 16, 2013 – since then, applicant entered into a Consent Agreement with ABC, after an exhaustive investigation, wherein the applicant did not admit any wrongdoing – fine was levied and a 1-month license suspension – applicant offered to bring on a compliance officer– business has been there for 30 years – purpose is to ensure tragic incident doesn’t happen again.

Donald Simonini, Managing Member of Spirited Consulting, LLC/Compliance Officer: was sworn in by Attorney Riordan (Attorney Gasiorowski questioned him about the way Martell’s was supervising employees when he came on board in March, changes he has made and the degree of cooperation he has received – confirmed he had to be approved by ABC and makes periodic reports to ABC) following Consent Order, all servers and sellers of alcohol were retrained in nationally-recognized Techniques of Alcohol Management (TAM) class – Mr. Bassinder chose to have security staff, managers and people who don’t serve alcohol trained as well – more than 300 employees have been trained with regard to preventing underage consumption, intoxicated patrons, disturbances, etc. – also stresses Martell’s restrictions and probation – he and subcontractors do surreptitious monitoring, post-training – impressed with diligence on underage consumption – double proofing at door and bar – patrons turned away if they didn’t seem in the right state of mind – had no observations prior to March – sent certification of training to ABC in July and has regular discussions with ABC (Councilman Migut: asked if training puts emphasis on looking to see what state the customer is in) servers understand they are to reevaluate customers with every drink and chat with them to see if they seem intoxicated – course looks at alcohol’s effect on small, medium and large bodies – drilled into the servers, as they could shoulder a portion of the liability if something happens (Councilman Cortes: asked if he can by a few drinks at the bar for his friends) no – one drink per person (Mayor Barrella: asked if he is familiar with Martell’s previous training or procedural manual – confirmed that he was hired as a result of the incident and the settlement with ABC – asked if he is notified if DWI Last Drink Location Reports are filed with ABC by police – asked if he has served in this capacity before, if it’s common ABC practice and if he knows of other instances in which appointment of a compliance officer has saved an establishment from revocation or serious suspension of a license – asked, if current procedures were in place in 2013, if the tragedy might have been avoided – asked if Consent Order obliges him to report issues to Mr. Bassinder) review of past records was not part of the Consent Order – looked at all manuals, which don’t go into actual mechanics of what to do – all state that customers are not to be overserved – Consent Order stated that a compliance officer, agreeable to both sides, would be appointed – his prior government job was with ABC, working line investigations, supervising administrative investigations – was Assistant Bureau Chief for 11 years, prior to 26 years working in the Attorney General's office – had no conflicts, as he was not involved in the investigation – has not been notified of DWI Last Drink Location Reports filed with ABC – has not served in this position before – these assignments are rare – part of litigation and severity – have been compliance officers appointed to licensees in the past – would be speculative to say what might have happened if current procedures were in place in 2013 (Councilman Vogel: asked about marketing and operations that promote excessive drinking) must flush business with safety – establishment is erring on the side of caution – there are promotions, but drinking is monitored diligently – while not specified in the Consent Order, he takes his issues up with Mr. Bassinder and his management staff and follows up on recommendations.

Dave Cavagnaro, PPB (objector): confirmed it was 2015 when Mr. Simonini started (Mayor Barrella invited Mr. Cavagnaro to present evidence) Bassinders are a great family who do wonderful things for community – bothered that, since the tragedy, on Monday afternoons, police reassign officers to the Boardwalk by the Tiki Bar due to alcohol-related incidences – appreciates efforts, but questions what is happening – condition of the license should be to carry police costs.

Mayor Barrella: suggested ABC decision was politically motivated – has 15 DWI Last Drink Location Reports, prepared by PPB police 2011-2013 – all list last drink location as Martell’s Tiki Bar – asked Lt. Michigan if others were filed since the incident (Lt. Michigan: forms are faxed to ABC, per guidelines – can get numbers, but don't track in-house; Attorney Riordan: asked that they be shared with Attorney Gasiorowski and Lt. Michigan; Attorney Gasiorowski: ABC took these into account; Attorney Riordan: confirmed with Lt. Michigan that they are accurate documents from the PPB police department and admitted them into evidence, marked O1; Councilman Toohey: asked about jurisdiction if Governing Body’s action conflicts with ABC; Attorney Riordan: concurrent jurisdiction – could take further action, subject to challenge by applicant – unlikely the Governing Body action would be sustained by ABC).

Motion by Councilman Reid to approve the license renewal was seconded by Councilman Migut and carried by roll call vote:
VOTE: Councilmen Reid, Migut, Toohey, Cortes, Vogel….YEA

Mayor Barrella called for a break, prior to the regular meeting, at 7:34PM.

Mayor Barrella called the regular meeting to order at 7:48PM. Present were Councilmen Reid, Migut, Toohey, Mayer, Cortes and Vogel. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Clerk announced two amendments to July 7, 2015 Council meeting minutes.
Motion by Councilman Mayer to approve the July 7, 2015 Council meeting minutes, as amended, was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel…YEA

PROCLAMATION: Emidio A. “Junie” Caruso

Mayor Barrella presented a proclamation to Junie Caruso for his service to the Parking Authority and Borough, followed by congratulations from the Free Masons of NJ, Fire Chief Pasola, Parking Authority Chairman Bonsper, members of his family and the Governing Body.

Mayor Barrella called for a break to clear the room at 7:59PM. Meeting resumed at 8:06PM.
DEPARTMENT HEAD MEMOS/DISCUSSIONS:

BA/CFO Riehl: addressed improvements on Borough right-of-way at 101 Boardwalk and correspondence from Attorney Galvin (Councilman Vogel: concern about superseding Board decision; Attorney Riordan: Governing Body cannot usurp Board’s authority – not what the applicant is asking for; Councilman Cortes: no encroachment on sidewalk or pedestrian traffic – been there for years; Attorney Riordan: recommended license agreement with property owner). Added as item 2f.
Adoption of the Floodplain Management Plan was considered (Councilman Migut: reported last month that the Planning Board adopted it, with caveat that Council consider a more stringent dune ordinance – per attorney dune ordinance is as stringent as possible). Added as item 2i.

Clerk added VFW request for approval of a Social Affairs Permit application as item 2g.

BA/CFO: would like to award contract to repair substantial sink hole at intersection of New Jersey and Chicago Aves – received quotes today. Added as item 2h (funded by bond ordinance).

Clerk reiterated items to be added.

COMMITTEE REPORTS:

Councilman Reid: attended ribbon cuttings with Chamber of Commerce today – great stores; weeding is needed downtown and at Inlet – spoke with BA/CFO Riehl – will be taken care of soon – pavers and 10 trees will be replaced between now and fall; owner of Globetrotter called regarding NJNG marking construction lines, so he and Councilmen Cortes and Vogel met with business owners – worried about road being shut for 2-3 weeks – he called NJ DOT Commissioner Fox – Deputy Chief of Staff called back and said that NJNG will get no permits to dig until after Labor Day – worked as a team, with the “Ocean Star” and Legislative District 10 – very happy this was resolved by Monday morning – would've been a nightmare; (Councilman Cortes: asked about Shop Local program) moving smoothly – Ladies Night, last Thursday, was a huge success – will be another before summer’s end – Property Tax Reward Program representative was there to meet with owners – meeting soon to get information to taxpayers – direct questions to him.

Councilman Migut: Animal Welfare Committee fundraiser was last Saturday – well-attended – thanked Councilman Reid for attending; will meet this week with Building Inspector to discuss how he will report in January on how the Development Ordinance has panned out (Councilman Reid: thanked Councilman Migut, who cooked at the fundraiser, which was a great event – he is much appreciated).

Councilman Toohey: No report.

Councilman Mayer: thanked Seth Sloan for the Non-Resident Taxpayers event at Antrim School on July 11th – well attended – Lt. Michigan and Councilmen Reid and Migut were there – Councilman Migut gave a nice presentation on the Master Plan – great and interesting group – about 45% of residential property is owned by non-residents – need to recognize them – they have invested a lot of money in this town – thanked “Ocean Star” reporter Paige Taylor for her articles.

Councilman Cortes: Coastguard boathouse has been demolished – ready to build new facility – reviewed pictures with Councilman Reid – looks great; phragmites spraying at lake of the Lillies this Thursday; authorization to bid for 1 Ocean Avenue bathroom is on the agenda; meeting with Barlo tomorrow to review final report for the Risden’s bathhouse; at last meeting, Engineer Savacool brought up the possibility of angled parking at Inlet Drive for traffic calming and extra spaces – drew a preliminary map – would gain 18 spaces, with legal travel lane for emergency vehicles and flexible short-term parking for business deliveries – will meet with BA/CRO Riehl for next meeting – maybe Engineer Savacool can provide restriping cost.

Councilman Vogel: thanked Councilman Cortes, BA/CFO Riehl and DPW Super. Trout for Maryland Ave Beach access improvements – need to look at fencing – asked police department to step up pedestrian crossing enforcement, to ensure vehicles yield to pedestrians and pedestrians use crosswalks – lot of younger kids crossing, especially in afternoon; addressed resident concern about speeding on 600 block of Forman Ave – need a “School Zone” sign on Forman.

Mayor Barrella: No report.
Administrator Riehl: No report.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:28PM.

Vince Castin, Point Pleasant Beach (PPB): inquired about item 2b (Attorney Riordan: confidential – need public vote to authorize Mayor to execute), sink hole repair and parking plan; opposes angled parking at the Inlet.
Dave Cavagnaro, PPB: thankful that Ordinance 2015-20 leaves most of the parking plan unchanged – asked if complainants’ attorneys have met with the Borough.
Virginia Cronin, PPB: inquired about parking permit issues, Floodplain Management Plan, possible pump station funding and Little Silver Lake flappers; thanked Councilman Cortes for visiting her house on Saturday to observe the nearby Animal House situation.
Mr. Cavagnaro: the Engineer didn't think a pump between Little Silver Lake and Lake Louise would be cost effective – knows of no floodgate or way to drop level of Little Silver Lake.
Elizabeth McLoughlin, PPB: asked about the 4:30AM time in the parking plan.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:43PM.

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

Motion by Councilman Toohey to approve items listed below was seconded by Councilman Reid and carried by roll call vote:
CONSENT RESOLUTION 1
1a Renewal of 2015/2016 ABC License (A&P)
1b Approval of PO to Devo & Assoc to refurbish bill acceptors ($3K)
1c Approval of payment to Devo & Assoc for 5 parking meter cancel boards & displays ($3,885.35)
1d Approval of payment to Denise Sweet from 6 BOA escrow accounts
1e Approval of payment to T&M Assoc from 6 BOA, 6 Pl Bd and 2 developer escrow accts
1f Approval of payment to Louis Berger Group for public assistance svcs ($3,704.36)
1g Approval of payment to the State of NJ for employee health benefits ($125,987.84)
1h Correction of typos on Resolution 2015-0707/1A-1
1i Approval of Payroll #14 ($315,945.68)
1j Approval of revised insurance opt-outs payments ($25,549.12)
1k Approval of payment to Brick MUA for June bulk water usage ($125,436.03)
1l Approval of payment to Jersey Mulch Products for mulch & installation at Pleasure Park ($4,050)
1m Approval of payment to Pt. Pleasant Bicycle for police bike parts ($3,008.88)
1n Approval of payment to CDWG for computer updates in the police dept ($5,352.69)
1o Approval of payment to Pitney Bowes for prepaid postage ($3K)
1p Approval of payment to Summertime Surf for 2015 Rec surf camp ($5,610)
1q Approval of PO to Riggins for gasoline encumbrance ($75K)
1r Approval of payment to Riggins for gasoline and diesel fuel ($24,378.96)
1s Approval of payment to Staples for electronic 110 PATS tickets ($2,668.50)
1t Approval of road opening bond release to Terco Construction for 336 Curtis Ave ($1K)
1u Authorization for Administrator to execute DEP TWA Permit application
1v Authorization for Admin & Clerk to advertise for position of replacement Court Administrator
1w Approval of payment to Traffic Lines for striping at Little Silver Lk & NJ Ave parking lots ($12,467)
1x Approval of payment to Lasting Line Painting for Borough-wide traffic line painting ($24,509.70)
1y Approval of payment to M. Woszcack for water valve reconstruction, hydrant replacement, line stops & pavement repair ($13,379.80)
1z Authorization to waive $275 road opening fee for the Coast Guard
CONSENT RESOLUTION 2:
2a Approval of PO to Aurora Env Inc for vehicle washing system for DPW, under State contract ($70K)
2b Authorization for Mayor to execute Confidentiality Agreement as approved by Borough Attorney in order to obtain confidential information requested by Council from landowner
2c Authorization for Attorney to draft amendments to taxi ordinance permitting taxis holding license from named municipalities that have background checks & require at least the State mandated minimum insurance to operate in PPB weekends 12:30AM-3AM on Ocean Ave & Boardwalk between Parkway & Arnold & to ensure language clearly allows those with single limit $100K insurance policy to operate
2d Authorization for T&M to go out to bid for a bathroom facility at One Ocean Avenue.
2e Approval of PO to Vitelli & Sons for 10 doors, frames, alarm & lock system for w/s dept ($16,650)
2f Authorization for Attorney to work out license agreement with 101 Boardwalk property owner – ADDED FROM DEPT HEAD MEMOS
2g Approval of VFW Social Affair Permit application for Fluke Tournament event 8/15 (rain date 8/16) – ADDED AT THE MEETING
2h Award of contract to Mark Woszczak to repair sink hole at NJ & Chicago Aves ($7,250) – ADDED FROM COMMITTEE REPORTS
2i Adoption of Floodplain Management Plan – ADDED FROM DEPT HEAD MEMOS
CONSENT RESOLUTION 3:
3a Approval of payment to Absolute Fire Protection for custom pumpers and change order ($723,036)
3b Approval of payment to the Ocean County landfill to replenish escrow ($50K)
3c Memorialization of approval of 2 memberships in PPB Fire Co No 2
3d Approval of payment of computer-generated vouchers ($2,080,943.42)
VOTE: Councilmen Reid (except 3b), Migut (except 3a & 3c), Toohey, Mayer, Cortes, Vogel
(except 3a & 3c)….YEA
Per Borough Attorney, assume usual abstentions on item 3d with which Council has conflicts.

ORDINANCES:

Mayor Barrella: asked why Ordinance 2015-20 is on agenda, with no agreement to end litigation (Attorney Riordan: an attempt to end) suggested introducing all 3 ordinances to give plaintiff’s attorneys an opportunity to decide if litigation is over – if not, stick with what was approved (Attorney Riordan: understands the Governing Body thinks it is an improvement to the parking plan) asked why plan is being extending to all Borough businesses (Attorney Riordan: employees of businesses outside the covered area often park in the covered area – one Councilman said he would like them to be able to get placards – also an olive branch to those who believe there is an Equal Protection argument; Councilman Toohey stepped out 8:48PM-8:50PM; Councilman Reid: asked Attorney Riordan to review changes for residents) questioned requiring 72 hours to request an additional placard – ammunition for another lawsuit (Attorney Riordan: taking ammunition away; Councilman Mayer: Equal Protection argument was raised in briefs for Appellate Division; Councilman Reid: takes the argument away) questioned how it is being taken away when ordinance makes it less convenient for those requesting additional placards; Councilman Cortes: no one has ever requested them) creating more work for the Administrator and police – asked Lt. Michigan if that’s true (Lt. Michigan: will have to look for the date on the placard; Attorney Riordan: reviewed changes contained in Ordinance 2015-20, designed to diminish opportunity for further expenditure of litigation funds).

No action was taken on Ordinance 2015-18 (Reintroduction of Ordinance 2013-26: District 4 Parking Plan, which was invalidated strictly on procedural grounds).
No action was taken on Ordinance 2015-19 (Reintroduction of Ordinance 2013-29: Resident Parking in portion of District 3, which was invalidated strictly on procedural grounds).

Ordinance 2015-20 (Residential Permit Parking Plan) was introduced on first reading.
Motion by Councilman Migut to approve Ordinance 2015-20 on first reading was seconded by Councilman Vogel and carried by roll call vote. Public hearing will be August 4, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 8:59PM.

Craig Sulaitis, PPB: complained about the state of his neighbors’ house (BA/CFO Riehl: will send notice); flooding at end of Curtis Ave because neighbor won’t sign easement (Attorney Riordan: have asked him to execute document – if not done voluntarily, suggested condemning the easement; Councilman Reid: suggested meeting with him and his counsel); circulated petition for Beach and Boro to compete in sporting events
Ray Cervino, PPB: neighbors appreciate DPW and Super. Trout for Seymour Ave cleanup.
Ms. Cronin: complained about 405 Baltimore shrubbery; asked about Animal House issue.
Mr. Cavagnaro: called police about illegal parking at 201 Arnold; asked about denying CO to repeat offenders; thanked Councilman Cortes for diligence on angled parking and Attorney Riordan for e-mailing Ordinance 2015-20; asked to see ordinances to be introduced, once agenda is published (Clerk will scan and post prior to meeting); suggested “No Bike” signs on Boardwalk.
Mr. Castin: asked about the parking ordinance; opposes one-way on Forman.
Ms. McLoughlin: inquired about Animal House/underage issues; concerned about easements and flooding – problems existed prior to storm – homeowners have 4 years to mitigate.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 9:17PM.

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

Meeting was adjourned at 9:17PM.
ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published August05, 2015 | Council Minutes | 2153


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