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August 18, 2015

Council Minutes

ABC LICENSE RENEWAL HEARING: 1106 Ocean Ave Inc, T/A The White Sands Oceanfront Resort & Spa and White Sands Catering

Council President Cortes called the hearing to order at 6:30PM. Present were Councilmen Reid, Migut, Mayer, Cortes and Vogel. Mayor Barrella and Councilman Toohey were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
John Chiaia, Chiaia & Associates, shareholder and attorney representing the licensee, was sworn in by Attorney Riordan: here at the request of Captain Dikun, to clarify ambiguity due to likeness in name of BYOB restaurant east of Ocean Ave (Firefly Oceanside) and the caterer in the hotel (Firefly at the White Sands), as to whether the licensee was making a subtle attempt to license the BYOB through the renewal application – not the case – submitted certifications – recognizes that the licensed premises is the hotel building on the west side of Ocean Ave – seeking renewal of the same license they have sought each year – nothing different – after reviewing certifications, Captain Dikun determined that, to his knowledge, it’s not contrary to law and would not prohibit renewal at this time.
Captain Dikun: everything said is accurate – contested renewal until that ambiguity could be satisfactorily resolved – main concern was to ensure, by way of paperwork, no expansion of the licensed premises to the east side, which would be very difficult to challenge later – Attorney Riordan has been in the loop from the beginning – have had many communications and has met with the applicants many times – satisfied that there is no statutory reason that would prevent the license renewal at this time (Attorney Riordan: applicant just stated that the premises of the license is on the west side and that was really the concern) the family and business were going through some concession arrangements with different restauranteurs, going back to January 2014 – initial application submitted was never acted upon – have been 3 different applications submitted this year – essentially, asking for a renewal of the annual license, as well as approval of new shareholder, who will be the principal in running the restaurant and catering – background investigation has been conducted – have found nothing that would disqualify him as being part of that license.
Council President Cortes opened public hearing, with no one from public wishing to be heard. Motion by Councilman Reid to close the public hearing and approve the license renewal was seconded by Councilman Vogel and carried by roll call vote:
VOTE: Councilmen Reid, Migut, Mayer Cortes, Vogel….YEA

Motion by Councilman Migut to enter closed session to discuss 2 personnel matters was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Mayer, Cortes, Vogel…YEA

Closed Session began at 6:42PM and ended at 6:58PM

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

The Clerk added items from closed session and announced an amendment to item 2e.

DEPARTMENT HEAD MEMOS:

Councilman Cortes: addressed 109 Chicago Ave curb cut request – no comments from ZO Petrillo – will lose a spot, but it’s fine – requestor has permission for tree removal – added as item 1t.

COMMITTEE REPORTS:

Councilman Reid: No report.

Councilman Migut: addressed resident request from Riverwood Park for rezoning of 5 homes from Highway Commercial to Single Family 5 Residential – instructed Planner Truscott, to speak with Engineer Savacool about it – Planning Board subcommittee will take it up when it meets in September.

Councilman Toohey: met with Open Space Committee on Thursday to review proposed plans for Loughran’s Point and the area east of the parking lot – will meet with Engineer Savacool to see what recommendations can be incorporated – most centered around sustainability – moving forward – need an estimate from Mr. Savacool to see if the 2016 Capital Budget includes provision for the work – must start on bulkhead replacement, which becomes a State project – with machinery already mobilized, will cut down on construction costs – area has been neglected since Sandy – want to keep this great part of town in good shape.

Councilman Mayer: has asked BA/CFO Riehl to look into mandatory direct deposit cost analysis (BA/CFO Riehl: reached out to payroll processing company for cost savings on the administrative side – looking into eliminating dummy checks, as they incur costs – can make exceptions for seasonal employees – option to make direct deposit mandatory went into effect in 2014 – about 95% of employees are currently on direct deposit (Councilman Toohey: asked what happens if an employee refuses it because he doesn’t want to give the employer access to his financial information; Attorney Riordan: employer can insist – would have to open a separate account that does nothing but accept funds) asked BA/CFO Riehl for scope/costs of Little Silver Lake project for next meeting (BA/CFO Riehl: Lake of the Lillies was treated this morning as well) should focus on cost of dredging and flexibility – need bond ordinance pretty quickly – asked BA/CFO Riehl about revenue (BA/CFO Riehl: confirmed that it is not necessary to go to the Local Finance Board for a waiver of the bond down-payment through EIT; gave revenue through July 2015 vs. July 2014 – Court is up about $30K, parking is down about $18K – anticipated less than last year – addressed potential appointment of cell tower communication consultant/item 1e – received notice that Metro PCS, carrier on the water tower, wants to cancel lease as of October – an annual net income of about $36K – consultant said he can get 2 additional carriers and will appeal to Metro PCS to extend through year-end); asked Councilman Migut to follow up on Board of Adjustment request on siding issue; asked BA/CFO Riehl when Yale Ave will be paved and the DOT cycle (BA/CFO Riehl: Yale has not been mentioned – last award was Harvard – have not picked another street – have similar requests from Walnut and Parkway; Councilman Cortes: per Engineer Savacool, the grant writing is not on a 12-month cycle).

Councilman Cortes: have a gotten a couple of designs for the bathhouse – one had a large kitchen with no stools and one had a small narrow kitchen with stools – just got a re-worked plan that pushes the kitchen forward with counters out to the Boardwalk and stools on the south side; work is progressing on the meter building to bring it up to safety standards; a week ago, he worked on the garbage truck in District 4 – has a new found appreciation for what they do – discussed good pales vs. not-so-good pales – were some issues with weight and inappropriate items – turned some rental addresses into Code Enforcement for putting out recyclables with garbage.

Councilman Vogel: busy, crowded summer – police department continues to be proactive and monitor some issues of concern – appreciates officers being out on Maryland Ave – asked Chief O’Hara about sign board for pedestrian crossing, warnings and increased enforcement – problems at Delaware Ave also; asked BA/CFO Riehl to have overgrown grass at the storm drain at the southeast corner of St. Louis looked at; asked about No Dog and Bike Hours signs at New Jersey and New York Aves (BA/CFO Riehl: have the template – ordering materials to make in-house); asked BA/CFO Riehl for follow up on procedure guides for purchasing and things of that nature, for use by boards and committees.

Administrator Riehl: No report.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 7:52PM.

Vince Castin, Point Pleasant Beach (PPB): saw Councilman Cortes on the garbage truck – asked about progress at the “Alamo” area, about a possible sponsor for Loughran’s Point and about dune status.
Dave Cavagnaro, PPB: asked about item 1g – suggested committee liaisons let committee know that someone is being added; about 5 years ago, Council voted to increase the size of garbage pales.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 7:58PM.

Motion by Councilman Toohey to close public participation and approve items listed below was seconded by Councilman Migut and carried by roll call vote.
CONSENT RESOLUTION 1
1a Approval of payment to T&M Assoc from 9 BOA, 3 Pl Bd & 1 Developer escrow accounts
1b Authorization to create/maintain Court account with Ocean First Bank & designate signers
1c Approval of PO to All Covered for conversion to web-based e-mail ($3,336)
1d Approval of payment to OCUA for 3rd quarter installment ($320,265)
1e Approval of project extension with FSD for addition of wireless carrier on water tank
1f Approval of payment to BTMUA for July water usage ($158,553.79)
1g Appointment of M. Kale to the Beautification Committee
1h Approval of payment of Payroll #16 ($308,439.92)
1i Designation of $9,700.714 of notes as Qualified Tax-Exempt Obligations per IRS Code
1j Authorization for Mayor to execute a Traffic Signal Agreement with the NJDOT
1k Approval of payment to Denise Sweet from 1 BOA & 1 Pl Bd escrow accounts
1l Approval of payment to Ocean County for removal of sweepings per Schedule C ($4,466.38)
1m Renewal of 2015/2016 ABC Licenses (Elks, Farrell’s & Marlin’s)
1n Approval of PO to R.T. Davies for Arnold Ave tree removal ($2,700)
1o Approval of prog payment to McCarthy Contracting for meter shop improvements ($5,290.08)
1p Approval of PO to Carl’s Fencing for fence installation at police headquarters ($5,705.70)
1q Appointment of replacement F/T Communications Oper – ADDED FROM CLOSED SESSION
1r Conditional approval of LOA for Employee #2015 – ADDED FROM CLOSED SESSION
1s Approval of 2 taxi vehicle licenses for Briggs Transportation – ADDED PRIOR TO MEETING
1t Approval of curb cut at 109 Chicago Ave – ADDED FROM DEPT HEAD MEMOS
CONSENT RESOLUTION 2:
2a Approval for Fire & First Aid to charge for parking in municipal lots during Seafood Festival
2b Approval of payment to Bauer Gen Systems for generator install at Fire Co No 1 ($26,521.55)
2c Waiver of Planning Bd application fee for Fire Co No. 1 for LED sign ($200)
2d Memorialization of approval of computer-generated vouchers from 8/4 meeting ($2,237,813.13)
2e Authorization to dispose of surplus property through GovDeals-1996 E-One Teleboom–REVISED PER BA/CFO
2f Approval of payment of computer-generated vouchers ($1,552,555.82)
VOTE: Councilmen Reid, Migut (except 2a, 2b, 2c, 2e), Toohey, Mayer, Cortes,
Vogel (except 2a, 2b, 2c, 2e) ….YEA
Councilmen Migut and Vogel (2a, 2b, 2c, 2e)
Per Borough Attorney, assume usual abstentions on item 2d & 2f with which Council has conflicts.

Motion by Councilman Cortes to approve the August 4, 2015 Council meeting minutes, was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Migut, Toohey, Cortes, Vogel…YEA
Councilmen Reid and Mayer….ABSTAIN

ORDINANCES:
Ordinance 2015-17 (Revision to Ord 2015-13 - Principal Bldg Area) was considered on second reading. Council President Cortes opened the public hearing.
Mr. Cavagnaro: asked Council to reject – third time it’s been revised – was rejected the last two times it went before the Planning Board – no one has spoken publicly in support of this, but have spoken against it – it is selective, discriminatory and abusive – original ordinance covered entire town – this covers only the flood zones – people who were most hurt and financially devastated by the hurricane – will increase the cost of design and construction – will affect property values, particularly on corner lots – Council created the issues it’s concerned about by eliminating the garage level as a livable area and allowing 3.5-story structures in the flood zone east of the tracks – encouraged people to enclose that level with solid walls – Boards demanded it – that cut off the flow of light and air – the Height Ordinance increased the height of buildings on that side of town – now punishing people by telling them they have to lose some living space – side-by-side properties in Districts 3 and 4 are in different zones and will have different restrictions, which will affect property values – tax burden will shift from east of the tracks to the west – will be considerable construction east of the tracks in 5-10 yeas – will restrict the size and developing cost of homes and will create a level of conformity by eliminating designs, losing charm – this was originally part of Height Ordinance, the premise of which was that that you should be able to build the same on both sides of the tracks – have now taken the opposite point of review.
Mr. Castin: agrees with Mr. Cavagnaro – should vote against.
Marilyn Burke, PPB: agrees with Mr. Cavagnaro and Mr. Castin – most of Council lives in Districts 1 and 2 – this ordinance affects people in Districts in 3 and 4 – an example of discrimination against people in Districts 3 and 4, who pay more taxes, just like with the parking passes.
Councilman Migut: as Council liaison to Planning Board, was present at the meeting where the ordinance was discussed – one member rejected it as an example of the Nanny State, another rejected it because he believes it would affect building values – this member has previously been censored by the Superior Court of NJ for bringing his own business concerns to the dais, as he is a Realtor in PPB – another member rejected it because some people will be next to a flood zone and have a different set of rules – a fundamental basis of Euclidean zoning is that lines are drawn – Board rejected the recommendations of a 20-year veteran land use attorney in PPB, a long-standing engineer in PPB, the building department and local architects who served on the Historical Commission – the weight of expert opinion is in favor of this ordinance – advised Council to vote in favor.
Councilman Vogel: some Planning Board commentary made no sense – some comments were that people should max out every inch – people in flood zone are now encouraged, for resiliency, to flood-proof their homes and elevate – garage space is no longer part of living area because it’s not counted in square footage – increased square footage is allowed for uncovered decks and stairs – now have 4,710 sq. ft. of buildable, usable space in a flood zone, as opposed to 3,500 – doesn’t see how giving more usable space is a disadvantage – don’t want homes on top of each other – giving accommodations for allowing height with increasing lot coverage – encouraging storage underneath homes to eliminate sheds, which transfer water onto neighboring parcels – makes sense – has spoken to planning professionals – these are all buildable homes – giving lots of space – not overly restrictive – owners have power over second story – important to approve this – probably one of the most important things, in conjunction with other land use changes – setting the direction – the types of properties the Historic Preservation Commission has put forth incorporate features like those included in this ordinance – it’s the character of PPB – will have major impact as structures get taller in 5-10 years, to be resilient and flood-proof; Attorney Riordan: because the Planning Board rejected the ordinance, it is necessary for the Governing Body to have reasons for overriding the Board’s suggestions – Council should express their own reasons or incorporate Councilmen Migut’s and Vogel’s as their reasons).
Councilman Reid: after hearing Councilmen Vogel and Migut, listening to the arguments, and hearing about the different people who the Board rejected – Yes.
Councilman Migut: incorporating Councilman Vogel’s comments – Yes.
Councilman Toohey: the reason for voting to override the Planning Board’s recommendations is to preserve not only the character but, more importantly, light and air in Districts 3 and 4 – Yes.
Councilman Mayer: if there was a series of boxes, maxed-out at 38 feet, up and down Central and Parkway and other streets, it would be detrimental to values in PPB – it’s not discriminatory – it’s based on a rational basis – the flood zone is where you get the height and the more height you get, the more boxes you build, the less light you will get – flood zones are not only in Districts 3 and 4 – was very cynical about this when it started – had conversation with the land use attorney and architects – the light and air theory isn’t fanciful, it’s real – wants to support Councilmen Vogel and Migut who have worked so hard on this – thanked them for being so articulate – Yes.
Councilman Cortes: appreciates the work that Councilmen Migut and Vogel have done – from day one, he has not been in favor of this – haven’t had this in place in years – doesn’t see a need for it –the new houses he has seen seem to fit, architecturally – No.
Councilman Vogel: as stated before – under land use laws, zoning is supposed to protect from flood, promote adequate light, air, open space and a desirable visual environment – this ordinance meets that criteria – it’s not discriminatory in any way –Yes.
Motion by Councilman Vogel to close the public hearing and adopt Ordinance 2015-17 was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Vogel….YEA
Councilman Cortes….NAY

Councilman Toohey left the room briefly.

Ordinance 2015-21 (Amendment to Taxi Ordinance) was considered on second reading. Council President Cortes 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 2015-21 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 8:19PM.

Anne Marie Rossi, PPB: thanked Council, especially Councilman Cortes for stopping plans for angled parking on Inlet – corrected the August 4th Council minutes, which state that she opposes parallel parking – she opposes angled parking (Councilman Cortes: Councilman Mayer expressed to him that The Shipwreck had concerns about deliveries – seemed to be more of a consensus to hold off; Councilman Toohey: as liaison to the Open Space Committee, communicated their support of it); a parking machine on Inlet has been broken since at least July 4th.

Motion by Councilman Toohey to amend the August 4, 2105 minutes to reflect Ms. Rossi’s opposition to angled parking was seconded by Councilman Cortes and carried by roll call vote:
VOTE: Councilmen Migut, Toohey, Cortes, Vogel….YEA
Councilmen Reid and Mayer….ABSTAIN

Mr. Cavagaro: took exception to Councilman Migut’s and Councilman Vogel’s comments about Ordinance 2015-17; Front Yard Parking Ordinance targets seasonal residents.
Mr. Castin: parking machines built in France and waiting months for typewriter ribbon is stupid.

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

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 8:29PM.

Meeting was adjourned at 8:29PM.




ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published September16, 2015 | Council Minutes | 2173


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