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October 13, 2015

Council Minutes

Mayor Barrella called the regular meeting to order at 6:36PM. Present were Councilmen Reid, Migut, Toohey, Mayer and Cortes. Councilman Vogel was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Toohey to enter closed session to discuss 1 personnel matter (negotiations) and 1 litigation matter (Purple Jet-v-PPB) was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes …YEA

Closed Session began at 6:37PM and ended at 7:25PM

Mayor Barrella called the regular meeting to order at 7:36PM. Present were Councilmen Reid, Migut, Toohey, Mayer and Cortes. Councilman Vogel was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

The Clerk announced two revisions to the September 29, 2015 Council meeting minutes.
Motion by Councilman Migut to approve the September 29, 2015 Council meeting minutes, as revised, was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes…YEA

DEPARTMENT HEAD MEMOS:

BA/CFO Riehl: discussed the Best Practices Worksheet, per State requirement – series of 50 questions, the answers to which are yes, no, prospective or not applicable – must have a certain number of “yeses” in order to qualify for full State aid – PPB does qualify for the full payment – had an hour-long conversation with the Finance Chair regarding answers that were provided – asked if everyone had read them and if there were any questions (Councilman Mayer: important to review this compilation to focus on what we are doing – spoke about an assessment and possible need for a liaison to the Parking Authority – Sandy was an oddity here, because it actually generated surplus for PPB – probably will not happen in the future – could be scheduled for future agenda – we don't have a written policy for surplus – could create one – surplus regeneration will get harder – spoke about the need for budget projections and about the need for discussion about payments in lieu of health benefits – Fair Labor Standards Act and compensated leave needs to be discussed – would be helpful to have a policy on light duty; Mayor Barrella: asked if State must also comply with Best Practices) no.
Councilman Cortes: discussed ZO Petrillo’s memos regarding requests for curb cuts – went out and looked at all of them and agrees with her – 62 Sanborn (added as item 1x-1), 113 Harvard (Brock Watzich, owner: requested the usual 16’, rather than the recommended 14’ – added as 1x-2, at 16’), 1306 Ocean Avenue (added as item 1x-3).

The Clerk announced additions to the agenda.

COMMITTEE REPORTS:

Councilman Reid: PPB’s storm preparedness team is second to none – had a couple of meetings leading up to the last storm and we were ready – first time he was involved – very impressed; Shop Local program has 2 potential sponsors – meeting on Thursday with program owner Carmine DeFalco about moving forward – hopes to be running for the holiday season; thanked BA/CFO Riehl for the sand removal on the Boardwalk after the storm when it was covered with sand – 4-5 feet on ¾ of the Boardwalk – thanked BA/CFO Riehl for speaking with Jenkinson’s and DPW – was really well-done; on agenda to approve 6 tree plantings on Arnold Ave and 1 on River Ave – BA/CFO Riehl and Ms. Lightburn and Mr. Renner of the Shade Tree Commission are talking about creating a Borough nursery.

Councilman Migut: Planning Board approved the Master Plan Review report – public hearing is November 4th; reiterated details of upcoming Animal Welfare Committee fundraiser.

Councilman Toohey: spherical structure at the south end outflow station was determined by the Coast Guard to be fishing apparatus; annual Kenneth E. Tooker Memorial Scholarship Fund longboard tournament is usually held in Bay Head but Bay Head’s beach was washed out in the storm – requested Special Event application be added to agenda for event on Maryland Ave Beach, October 17th or 18th, depending on weather, 7AM-4PM, with stipulation that insurance be waived – spoke with Administrator and Attorney – confident it can be done, with the extensive waiver required to participate (add as 1y).

Councilman Mayer: no report.

Councilman Cortes: recognized employee anniversaries: Karen Mills 11 years; Paul Brundage 16 years, Joe Felita 30 years, Frank Graziano, Jason Headley, Bill Popp, Erin Mathioudakis and Ita Brown 2 years; Cindy Brodeur 31 years, Bill Dwyer 29 years; 1 Ocean Ave bathhouse went out to bid – on agenda – will discuss – bids higher than anticipated; going to final design on Risden’s building – also on agenda – got mock-up today with changes – attended Open Space meeting and spoke about bike racks at Risden’s; invited volunteers to the committees; Adopt-a-Spots are available.

Mayor Barrella: presented a proclamation for “Friends of the Library Week” October 18-24; asked Council to consider modifying fee structure in the train lot on non-summer holidays; commented on a memo from Labor Counsel, marked “confidential” – questioned the opinion, who requested it, the cost, urgency, why it wasn't authorized by resolution and how it can be considered confidential (Attorney Riordan: legal advice); received 2 more letters addressing his letter to various Legislators – believes Attorney Riordan opined incorrectly that he didn't have the authority to send them – discussed with New Jersey Conference of Mayors’ General Counsel – was in the scope of his authority, written within the confines of his official capacity as Mayor of PPB – Attorney Gasiorowski makes allegations and expresses concerns – what he sent is straightforward and fact-based – not looking to upset what was decided but to get to the bottom of it, asking the Legislature to investigate the Attorney General’s office and ABC – his position would’ve been the same, regardless of the establishment – laughs when he hears Mr. Gasiorowski use the word "vendetta" – doesn't believe he has made pejorative comments against his clients – would be happy to clarify – letter raises questions – lawyers and politicians should seek out the truth – there were 12 DWI stops in July and August when Martell’s consultant came here and said things were different – 6 of those who reported their last drink location said it was Martell’s.

BA/CFO Riehl: no report.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:21PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): asked about 1t – a cost estimate from Barlo and who will prepare the budget – asked about rinse showers (Councilman Cortes: since last meeting, it's come up that it’s better to plumb them due to shampoo, etc.); there are no copies of Ordinance 2015-24.
Vince Castin (PPB): microphones are cutting out – need to be fixed; asked the purpose of Risden’s reconstruction; doesn't understand rationale behind curb cut sizes or last drink locations.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:36PM.

Motion by Councilman Mayer to close public participation and approve items listed below was seconded by Councilman Toohey and carried by roll call vote.
CONSENT RESOLUTION 1
1a Approval of payment to Carl’s Fencing for police fence ($5,705)
1b Approval of PO to Motorola for police radios ($109,718.16)
1c Approval of payment to Eagle Point Gun for police ammunition & supplies ($12,427)
1d Approval of payment to the State of NJ for October health benefits ($126,198.38)
1e Approval of Payroll #20 ($280,415.91)
1f Approval of payment to Denise Sweet from BOA escrow accounts
1g Approval of payment to Galvin Law Firm from BOA & Pl Bd escrow accounts
1h Approval of payment to Pitney Bowes for prepaid postage ($5,500)
1i Approval of payment to Ocean County Treasurer for 4th Quarter tax levy ($2,125,405.15)
1j Approval of payment to BTMUA for September bulk water usage ($119,804.67)
1k Approval of PO to M. Woszczak for fire hydrant replacement/relocation ($4,522)
1l Approval of payment to Devo & Assoc for monthly airtime for Oct-Dec ($3,000)
1m Approval of Change Order #2 for Trenchless Sanitary Sewer Spot Repairs ($2,556.68)
1n Authorization to apply for NJDOT funding
1o Consent to proposed Water Quality Mgmt Plan amendment – OC Wastewater Mgmt Plan
1p Authorization for water flushing program from 10/19/15 to 11/06/15
1q Approval of payment to Hertrich Fleet Services for DPW pick-up truck ($21,082)
1r Approval of payment to Riggins, Inc. for gasoline ($12,937)
1s Approval of PO to Detcon to replace broken sanitation tipper ($4,180)
1t Authorization to prepare scope & budget/go out to bid, per plans, for Ocean/NJ Ave bathhouse
1u Approval of payment to F&C Auto Supply for DPW vehicle parts ($4,363.06)
1v CONSIDERED SEPARATELY AS RESOLUTION 3
1w Approval of payment to the NJ DCA for 3rd Quarter training fees for the bldg dept ($4,984)
1x Approval of curb cut requests at 62 Sanborn, 113 Harvard (16’, not 14’) and 1306 Ocean – ADDED FROM DEPT HEAD MEMOS
1y Approval of S/E Application for Kenny Tooker Longboard Classic on 10/17 (rain date: 10/18), with waiver of insurance requirement – ADDED FROM COMMITTEE REPORTS
1z Award of contract to Burke Environmental for landscape services ($3,094) – ADDED PER BA/CFO RIEHL
CONSENT RESOLUTION 2:
2a Approval of reimbursement to PPB Fire Co No 2 for equipment purchased via grant ($2,539.53)
2b Approval of payment to Valic for 2014 LOSAP ($52,000)
2c Approval of payment of computer-generated vouchers ($2,403,342.55)
VOTE: Councilmen Reid, Migut (except 2a & 2b), Toohey, Mayer, Cortes…YEA
Councilman Migut (2a & 2b)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 2c with which Council has conflicts.

BA/CFO Riehl: 1 Ocean Ave bids were higher than Engineer’s estimate – can reject and re-bid, scaling back on landscaping, the sprinkler system, etc. and do some work locally on the infrastructure, or accept the low bid and pass an emergency resolution for additional funds – will be considered an alternate project for some FEMA reimbursement – have also applied for Green Acres funding – about $80K set aside for Section 20 soft costs – about a $35K over-estimate – re-bidding would push things off about 1 month – there is no guarantee of better bids (Councilman Toohey: Council has made a commitment to revitalize that part of the Borough after Sandy; Councilman Migut: doesn’t want to see construction delayed further by the winter; Councilman Mayer: suggested adopting an emergency appropriation of $35, and introducing an ordinance appropriating capital surplus and accepting the bid).
Motion by Councilman Mayer to approve items listed below was seconded by Councilman Toohey and carried by roll call vote.
CONSENT RESOLUTION 3: – REVISED AT MEETING
3a (UNASSIGNED NUMBER PER TYPO)
3b Adoption of Emergency Appropriation ($35K)
3c Introduction of Ordinance 2015-25 by title: Appropriate Capital Surplus for 1 Ocean Ave – SEE ALSO UNDER “ORDINANCES”
3d Award of contract for 1 Ocean Ave project to Gavan General Contracting ($480,943.22)
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes…YEA

ORDINANCES:

Ordinance 2015-22 (Atlantic Avenue Parking Revisions) was considered on second reading. Mayor Barrella 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 2015-22 was seconded by Councilman Cortes and carried by roll call vote. (Councilman Toohey left the room at 8:44PM and returned at 8:46PM).
VOTE: Councilmen Reid, Migut, Mayer, Cortes…YEA

Ordinance 2015-23 (Authorize Auction of Annual Taxi License) was considered on second reading. Mayor Barrella opened the public hearing, with no member of the public wishing to be heard.
Motion by Councilman Cortes to close the public hearing and adopt Ordinance 2015-23 was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes…YEA

Ordinance 2015-24 (Revision to Noise Ordinance) was introduced on first reading.
Motion by Councilman Cortes to approve Ordinance 2015-24 on first reading was seconded by Councilman Migut and carried by roll call vote. The public hearing will be held on October 27, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes…YEA

Ordinance 2015-25 (Appropriate Capital Surplus for 1 Ocean Ave) was introduced by title on first reading. – ADDED PER RESOLUTION 3
Motion by Councilman Mayer to approve Ordinance 2015-25 on first reading was seconded by Councilman Toohey and carried by roll call vote. The public hearing will be held on October 27, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes…YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 8:48PM.

Anne Lightburn, PPB: pleased about moving forward with 1 Ocean Ave and bathhouse plans; encouraged angled parking on New Jersey Ave by Boardwalk, using Risden’s lot parking boxes – could increase revenue by 75% (Mayor Barrella: directed BA/CFO Riehl to get a DEP advisory opinion) should be a way to track revenue by spot – requested free parking in lot 6-10AM, so vendor can build breakfast business; yellow curb at 303 New Jersey Ave and others on Ocean Ave need painting.
Don Betz, PPB: reiterated statements made at the September 29th Council meeting – Councilmen Toohey and Cortes came to his house – asked if Borough found any documents pertaining to public property next to his house – he found a lot – visited former Councilman/Mayor Pasola and asked him to call Mayor Barrella – been to Attorney General’s office – people will end up in jail (Attorney Riordan: suggested, if Mr. Betz will be reciting facts he wants Council to rely on, he be placed under oath; Mayor Barrella: terrible intimidating precedent – not a trial or public hearing – will not permit it) Borough Engineer, John Walsh/Bay Point Engineering got involved with Mr. Pasola and Mr. Hennessy and went to his house – property had a swale on it, causing water to enter through the foundation – Bay Point allowed him to build a keystone wall, asking for a map of what he would build and how – distributed documents/map for review – ZO Petrillo knew about it – Borough asked his neighbors to support him on this – Council voted on it – doesn’t think it was the Board of Adjustment because Mr. Pasola was on Council and Mr. Hennessey was the Mayor – been maintaining the property until he went in the hospital for 2 years, when he asked DPW for help (Mayor Barrella: a conflict among neighbors – would like to resolve, without hindering neighbors’ lake access, so no one has to fight – asked to hear from Mr. Varosi) Council gave him a 30-day extension to show things they could not find – he brought in documents and met with people – Mr. Varosi lives on Harvard – people who wrote letters, who don’t have a problem, live on Randall – threatened to take this to court and charge the Borough with harassment.
Albert Varosi, PPB: reviewed the situation and maps – read from his laptop his observations of the lot, neighbors and Mr. Betz – need access for firefighting – cited Offshore Restaurant fire – access is constrained to about 10’ by planting beds – lot should be cleared to enhance Open Space and should be a Fire Zone – most is not landscaped it is treated with weed killer – dirt is eroding into the lake – hardscaping limits access (Councilman Mayer: asked BA/CFO Riehl to consult Fire Chief about access).
Joe Feely, PPB: had previously spoken to Council about setting up a disabled track going up the property (flag lot) at 1806 Beacon Ln – former Councilwoman Tooker had gotten CAFRA permits – nothing happened – 1806 owners applied to put up a new house there – looks to be infringing on Borough property – recently, he got a certified letter regarding the application – another 20’ of ramp would be a tremendous help for elderly people – disabled ramp would be helpful – CRAB and property owners had worked with Ms. Tooker prior to her leaving office (Attorney Riordan: may be opportunity to comment on CAFRA application – Borough has undisputed rights to an easement in that area – as does the property owner, a driveway easement – will review with Engineer and Construction Official).

Motion by Councilman Reid 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 9:44PM.

Meeting was adjourned at 9:45PM.



ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published October28, 2015 | Council Minutes | 2200


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