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September 15, 2015

Council Minutes

Mayor Barrella called the regular meeting to order at 7:31PM. Present were Councilmen Reid, Migut, Mayer and Cortes. Councilmen Toohey and Vogel were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Migut to approve the August 18, 2015 Council meeting minutes, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Mayer, Cortes…YEA


Department head memos and correspondence were discussed with some items added to the agenda and others held. The drafting of an ordinance to create a No Parking/School Bus Stop Area on Atlantic Ave was added as item 1bb. Request for 16’ curb cut (larger than June 23rd approval) at 304 New Jersey Ave was added as 1cc-1. Request for curb cut at 504 Forman Ave (at 13’, not the requested 14’) was added as 1cc-2. Request for 13’ curb cut at 311 Carter Ave was added as 1cc-3. Request from 7-Eleven Corp (Broadway location) to alter permitted delivery times was held, as Councilman Reid directed BA/CFO Riehl to arrange a meeting with him, the police department and 7-Eleven. Request for handicap parking at 135 Randall Ave was held - original request was for yellow curb - BA/CFO Riehl denied it, as parking is at a premium on Randall – there is a handicap space on Randall now - consensus for police to evaluate prior to consideration – would require ordinance change. The drafting of an ordinance providing for an Annual Taxi License auction with a floor bid of $7,500.00 was added as 1dd.
Mayor Barrella: read into the record a text message he received from former Councilwoman Tooker about item 1v: “Chris is pulling me from the agenda and holding it for closed session under ‘potential litigation’ next month” – asked if Ms. Tooker was told this would be held and later notified that it would not (BA/CFO Riehl: item remained on the agenda upon the advice of the Borough Attorney – she was not notified (Attorney Riordan: ‘pending litigation’ is not ‘threatened litigation;” BA/CFO Riehl: told Ms. Tooker she would request that it be pulled – she sent an e-mail and got a return e-mail; Councilman Reid: issue deals with a friend and former Councilwoman who believes the property owner was treated improperly – everyone looked at a trail of correspondence - Borough did all it was supposed to do – questioned fairness to others in putting this off; Councilman Cortes: shared his sentiments - went out with BA/CFO Riehl and DPW Super Trout when Ms. Tooker called Mr. Trout – Mr. Trout saw this and contacted her a couple of times – the address on file is the same as where the tax bills go and the property taxes are up-to-date, so these letters should have been received - as a former Councilwoman, she should know the rules; Councilman Reid: they got the message because personal calls were made – must move forward) Ms. Tooker is a former Councilwoman and former member of the Republican Club, of which every Councilman is a member - could be spun as political retribution for someone who was willing to stand up against the Republican majority (Councilman Reid: found out about this a week or 2 ago - Club has nothing to do with it - this is the Borough's process) property owner had good reason to believe this would be taken off the agenda and is not here because of that – a due process issue on that level alone - could come back as litigation - requested holding until next meeting.
Motion by Councilman Migut to hold item 1v until the next Council meeting and send a letter to the property owner at both addresses, if necessary, was seconded by Councilman Mayer and defeated by tie roll call vote.
VOTE: Councilmen Migut and Mayer….YAY
Councilmen Reid and Cortes…NAY
Mayor Barrella….NOT VOTING

Councilman Reid: put on the record: “our Administrator is someone I believe in wholly – when she says something, I believe it – when she tells me about the process and the calls that were made to Ms. Tooker over and over and over, I believe it – if this was anyone else besides Councilwoman Tooker, we wouldn’t be having this conversation” (Councilman Mayer: that’s probably true – there is also a very detailed report from the Zoning Officer – based on the facts they have, he agrees) “in those reports – letters were written – I’ve been told – and I talked to people who made the personal calls – so, it’s even more than what you saw on the piece of paper” (Mayor Barrella: going to the merits which, because of tonight’s actions, the affected party does not have the right to seek to rebut - raises a due process issue).
Consensus to consider separately as Resolution 3 - per Attorney Riordan, the property owner's position has been put in writing by the property owner and everybody has had a chance to review it.
The Clerk announced additions and revisions to the agenda.

Councilman Reid: he, Mayor Barrella, Councilman Vogel, Lt. Michigan, BA/CFO Riehl and Engineer Savacool went to NJ DOT to discuss Rte 35 issues, including flooding and crosswalks to Maryland Ave Beach – requested they come to PPB to discuss with Council and the public the proposed light at New Jersey Ave – discussed repaving and directional arrows – were notified by NJ DOT that the issues are moving into their pipeline - were asked to prioritize – Engineer Savacool will do so and submit - hopes to continue dialogue - the pump houses everyone else got aren't working, so maybe it’s ok that PPB didn’t get one; Mayor and Council appreciate Borough workers - announced Appreciation Day lunch on October 2nd at Borough Hall at 11:30AM, with Council in attendance, to say Thank You – will be done moving forward; proud of the Seafood festival and race this Saturday – welcomed all.

Councilman Migut: at the September Planning Board meeting, the Floodplain Management Plan was adopted by resolution, homeowner request to rezone lots on Riverwood Park to residential was discussed, with Engineer to review for input next month, as this might require creation of new zone.

Councilman Mayer: asked BA/CRO Riehl to have Engineer Savacool scope out the Little Silver Lake project; annual Best Practices questionnaire came out this week - hopes to meet with the Finance Committee next week, to take action at the October meeting; should pursue recycling revenues - interested in financial impacts (BA/CFO Riehl: has reached out to Recycling Coordinator Walker).

Councilman Cortes: announced September employee anniversaries: Janet Mutter 2 years full-time, Tippy Cassidy 18 years, Chris Macomber 6 years, William Ippolito 20 years, Joe Michigan 20 years, Chris Burger 7 years, Mike Gardner 16 years and Christine Riehl starting her 31st year; spoke to Engineer Savacool about bathroom bid on October 7th - award date would be October 13th - will be operational for summer; took detailed walk-through of Risden’s bath house – been tweaking and input on the schematics – he and BA/CFO Riehl will meet with Barlo – Engineer Savacool is researching whether showers must be moved and plumbed with drains – hopes to have an answer tomorrow.

Mayor Barrella: complimented Councilman Cortes on running the last meeting in his absence; on August 14th, he sent letters to Assemblyman Mainor and Senator Greenstein requesting a formal investigation/ hearings into the practices and conduct of the Division of Alcoholic Beverage Control and Attorney General’s Office regarding decisions recently made by those offices in the Martell’s matter – not a request to reopen the matter, but that they look into whether the decision was warranted and made under merits or whether there was political influence - has not heard any resolution on the request – anyone can request a copy of his letters and exhibits; counting down to the end of his term.

Administrator Riehl: 4th quarter reconciled tax bills were mailed today; recycling containers are being cleaned for the Seafood Festival - Department of Corrections will be weeding downtown tomorrow, free-of-charge; Lake of the Lillies has been sprayed 3 times and cut – looks clear – will be another cut in September with plantings in the spring.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:41PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): some microphones are going in and out constantly - impossible to hear; asked about item 1b and about 1w, which he thinks will cause problems.
Vince Castin, PPB: asked about items 1a, 1q, 1u and 1aa.
Eric Seaberg, PPB: explained item 1w and noted incorrect police fees for events on the web site.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:35PM.

Motion by Councilman Cortes to close public participation and approve items listed below was seconded by Councilman Reid and carried by roll call vote.
1a Approval of payment to Devo & Assoc for parking meter service calls ($3,157.35)
1b Approval of S/E application for Church World Service Crop Walk on 10/25
1c Approval of payment to M. Woszczak Contractors for sink hole & Inlet repairs ($7,250)
1d Approval of payment to Riggins, Inc. for DPW gasoline & diesel fuel ($20,553.22)
1e Approval of payment to State of NJ for employee & retiree health benefits ($122,810.92)
1f Approval of payment to T&M Assoc from BOA & Planning Bd escrow accounts
1g Approval of payment to Denise Sweet from BOA escrow accounts
1h Approval of payment to Galvin Law Firm from BOA escrow accounts
1i Approval of PO to Wilmac for police recording system ($20,858)
1j Approval of payment to Vitelli & Sons Bldrs for steel frame doors for Water Dept ($16,650)
1k Approval of Jenk’s South request to store rides in trailers on their property for the winter
1l Authorization for Engineer to proceed with Princeton & Homestead Reconstruction Project
1m Approval of payment to McCarthy Contracting for Meter Shop improvements ($10,580.16)
1n Approval of PO to Service Tire Truck Center for DPW truck tires ($3,500)
1o Approval of payment of Payroll #17 ($307,346.51) and #18 ($296,951.21)
1p Approval of payment to Turbo Electric for fixture replacement at Water Treatment Plant ($17,050)
1q Approval of payment to M. Woszczak Contractors for emerg repair at 406 Richmond ($5,409.72)
1r Authorization to prepare bid for cell tower lease
1s Approval of computer-generated vouchers ($196,158.55)
1t Approval of W/S adjustments (7)
1u Approval of PO to Smith Manufacturing for asphalt grinder for DPW ($5,157.67)
1w Approval of S/E application for E. Seaberg for Randall Ave block party on 9/26
1x Authorization to process an involuntary disability application for employee
1y Appointment of C. Laden as replacement Seasonal Comfort Station attendant
1z Appointment of T. McCrystal as replacement Municipal Court Administrator
1aa Authorization for the Administrator to have the illegal encroachments removed and a fence installed on the Borough’s easement on Randall Avenue by whatever means necessary
1bb Authorization for Attorney to draft ordinance for No Parking/School Bus Stop Area on Atlantic – ADDED FROM DEPT HEAD MEMOS
1cc Approval of curb cut requests at 304 New Jersey (16’ – larger than approved on 6/23), 504 Forman (13’, not 14’) and 311 Carter (13’) – ADDED FROM DEPT HEAD MEMOS
1dd Authorization for Attorney to draft ordinance to allow for auction of annual taxi license – ADDED FROM CORRESPONDENCE
2a Approval of payment to Fire & Safety Svcs for apparatus maintenance – Fire Co 2 ($4,085)
VOTE: Councilmen Reid, Migut (item 1a-dd only), Mayer, Cortes…YEA
Councilman Migut (item 2)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 1s with which Council has conflicts.

Mayor Barrella & Attorney Riordan: failure of a denial is the not the equivalent of an approval.
Motion by Councilman Cortes to approve RESOLUTION 3: Denial of DPW bill waiver for 205 Seymour Ave (originally item 1v) was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Mayer, Cortes…YEA
Councilman Migut….NAY

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 8:42PM.

Mr. Cavagnaro: asked if Council would be interested in purchasing Risden's Beach and parking lot, if available; asked what Barlo has done on the Surf Taco Building for $17K - if they will give a rough estimate, if they did a structural analysis and if it is available to the public (BA/CFO Riehl; structural report was by Sebring; Attorney Riordan: would have to look at it).
Mr. Castin: asked about the ABC issue that the Mayor discussed.

Mayor Barrella: suggested acknowledging new employees as well as employee anniversaries – acknowledged new Payroll Clerk, Christie Glass and the new Court Administrator, Tracey McCrystal.

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

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 8:51PM.

Meeting was adjourned at 8:51PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published September29, 2015 | Council Minutes | 2179

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