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October 27, 2015

Council Minutes

Mayor Barrella called the regular meeting to order at 7:30PM. Present were Councilmen Migut, Toohey, Cortes and Vogel. Councilman Reid arrived at 7:31PM. Councilman Mayer arrived at 7:34PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Migut to approve the October 13, 2015 Council meeting minutes was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Cortes…YEA
Councilman Vogel….ABSTAIN

Clerk added item 1x to the agenda, per BA/CFO Riehl.


Councilman Cortes: discussed requests for curb cuts – agreed with all, including 13’ at 107 Niblick – most were added to the agenda as item 1y – tree must be replaced at 404 Washington Ave – 408 Elizabeth Avenue curb cut was added separately as Resolution 3.


Councilman Reid: No report. Later announced that the Chamber of Commerce Ladies’ Night is on Thursday downtown.

Councilman Migut: public hearing on Master Plan revisions will be at the end of the November 4th Planning Board meeting; meeting with the Building Department in November to encourage computerizing records – missed capital budget for this the last 2 years – will fight for funding.

Councilman Toohey: Engineer Savacool updated him on the Inlet property – have a rough figure for the budget – will share it with the Finance Committee – other things came to light, like handicap access and how that can be tied into the State’s plan to improve the bulkhead – moving forward.

Councilman Mayer: apologized for being late, as Finance Committee just met – BA/CFO Riehl has asked for police & DPW reports and recommendations on the Seafood Festival, Breast Cancer Walk and Chowder Fest – expecting a Little Silver Lake bond ordinance for next Council meeting – Engineer Savacool will present at next meeting on the flood gate at Lake Louise and Little Silver Lake flood management – have not yet received DEP reimbursement for title and engineering work related to street-end deeds (BA/CFO Riehl: not yet submitted – residential and commercial properties must be sorted out – have spent $248K – there is a request for an additional $80K+ tonight) – received update on year-end tax collection plans – discussed requesting financial statements from the not-for-profit groups to which PPB contributes; BA/CFO Riehl will give Councilman Toohey CO Gardner’s recommendations on the DEP Zone A regulations for next month’s meeting – referenced Seaside Park’s resolution.

Councilman Cortes: No report.

Councilman Vogel: gave Police Department updates – been a few incidents lately – gearing up for Halloween; concerned about discontinuation of NJ Transit late night service – should ask Chamber for support, as this is a vital link for residents, guests and commuters; reiterated request for Council’s support for relief on bridge openings after Labor Day (Coast Guard sets the regulations).

Chief O’Hara: curfew on Mischief Night is 7PM – PPBHS Homecoming Parade is that night.

Mayor Barrella: asked Attorney Riordan what can be discussed regarding the Risden's suit (Attorney Riordan: his deposition and that of BA/CFO Riehl were instrumental in settling with the insurer and the State – settlement amount and how it’s distributed is confidential – also settled suit by Surf Club for damage to their pilings – private company contributed, not the State); wished Councilman Cortes good luck on the Mets’ World Series participation; read a passage from Attorney Gasiorowki’s September 28th letter – has already expressed his views on this – asked if another letter has been sent by Council or Attorney Riordan (no) – asked Attorney Riordan’s to confirm, in writing, who authorized a previous letter that was sent to Mr. Gasiorowski.

BA/CFO Riehl: No report.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:56PM.

Ms. Frankiewicz & Mr. Glock-Molloy, Point Pleasant Beach (PPB): spoke about curb cut at 408 Elizabeth Ave – builder didn't follow up to secure the permit and said a 20’ cut was approved – that’s what the mason went by (Council approved 16’ in April) will cost $5-6K to fix – builder says it's not his problem – did not intend to go against regulations – can have a temporary CO (Clerk will get background for November 10th agenda) all agreed to table – SEE RESOLUTION 3.
Dave Cavagnaro, PPB: complained about microphones cutting out; asked about item 1o.
Vince Castin, PPB: asked about items 1v & 1w; commented on the Breast Cancer Walk – believes in the cause, but his house was shaking from the noise – no benefit to the Borough.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:13PM.

Motion by Councilman Toohey to close public participation and approve items listed below was seconded by Councilman Migut and carried by roll call vote.
1a Approval of payment from 1 BOA and 2 Pl Bd escrow accounts
1b Approval of payment to Dennis Sweet from Pl Bd escrow account
1c Approval of NJ DEP Green Acres Program Enabling Resolution
1d Approval of payment to T&M Assoc from 2 Pl Bd, 10 BOA and 1 Developer escrow accounts
1e Approval of PO to Winner Ford for modifications to W/S vehicle ($4,297.00)
1f Approval of payment to All Covered for 4th Quarter IT support ($2,970)
1g Approval of PO to the PPB Parking Authority for financial audit ($3K)
1h Approval of Payroll #21 ($246,254.33)
1i Approval of PO to Fire Security Technologies for fire/burglar alarm/CCTV in meter bldg ($4,200)
1j Approval of salary adjustment for E. Mathioudakis for passage of course leading to certification
1k Establish Borough Holidays for 2016
1l Establish Bulk Pick-Up dates for 2016
1m Approval of PO for Pay Estimate No. 3 to Nat’l Water Main Cleaning Co for Trenchless Sanitary Sewer Spot Repairs ($7,963.72)
1n Approval of Payment Cert #1 to Enviroscapes Inc for Lk of Lillies Shoreline Improve ($14,161)
1o Authorization for Engineer to apply for grant/execute grant contract w/DOT for Pkwy improvements (amendment to Resolution 2015-1013/1N)
1p Approval of PO to Atlantic Tactical for police rifle and equipment ($3,809.89)
1q Approval of payment to Galvin Law Firm from Pl Bd and BOA escrow accounts
1r Approval of PO to Brick Cardiovascular for 35 SLEO candidate cardio tests ($8,750)
1s Approval of PO to Plainfield Consultation Center for 35 SLEO candidate psych tests ($12,250)
1t Approval of PO to Meridian Health for 35 SLEO candidate physicals ($9,625)
1u Approval of PO to Turbo Electric for Borough Hall upgraded/replacement lights ($24,360)
1v Approval of Chapter 159 – NJDEP PPB Shore Protection Project
1w Authorization for the Mayor to execute the Deeds of Easement conveying the required property rights owned by the Borough of Point Pleasant Beach to the state of New Jersey and the Borough of Point Pleasant Beach necessary for the ACOE Dune Project
1x Award of contract to Mid-Atlantic Truck Center for DPW dump truck ($45,299) – ADDED AT MEETING PER BA/CFO
1y Approval of curb cut requests at 3 Trenton, 114 Trenton, 1 Trenton, 107 Niblick at 13’, 404 Washington – ADDED FROM DEPT HEAD MEMOS
2a Memorialization of approval of membership in Point Pleasant Beach Fire Company No 2
2b Approval of computer-generated vouchers ($3,222,807.15)
VOTE: Councilmen Reid, Migut (2b), Toohey, Mayer, Cortes, Vogel (2b)…YEA
Councilman Migut (2a), Vogel (2a)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 2b with which Council has conflicts.

Motion by Councilman Toohey to table RESOLUTION 3: Request for curb cut at 408 Elizabeth Ave (ADDED PER DEPT HEAD MEMOS) was seconded by Councilman Migut and carried by consent of Council.


Ordinance 2015-24 (Revision to Noise Ordinance) 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 2015-24 on second reading was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel…YEA

Ordinance 2015-25 (Appropriate Capital Surplus for 1 Ocean Ave) 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 2015-25 on second reading 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 8:16PM.

Mr. Rodriguez, PPB: occupies the front house at 135 Randall Avenue and is the son-in-law of owner, Don Betz – reviewed tapes from last meeting – lots of lies – offered to put fence up – there is no way to get car in the garage – Mr. Betz received letters to submit plans to improve the lot – then, there was an incident with a converted ambulance (construction vehicle) in front of his house – attack has been on since then – asked about the Board of Adjustment resolution process – planters have been there for 18 years – claimed Mr. Varosi has a problem with Mr. Betz due to a bad business deal.
Don Betz, PPB: Clayton’s legal department will send a letter that there was never a concrete truck on the lot – most heavy construction is done – will need access through Borough property – hopes was suggested – neighbors are afraid to be associated with this issue because, by their account, they’ve been repeatedly harassed when trying to access this property – has heard enough to make a decision – wants to be clear about where he stands) – no one has been harassed – he has had things stolen from the backyard – he will meet on Saturday with Councilman Migut, Mr. Rodriguez and Mayor Barrella (Clerk will inform Mr. Varosi if another Councilman will attend – if so, Mr. Varosi will attend also).
Albert Varosi, PPB: distributed photo of Mr. Betz’ lot for Council review (called it “Letter A”) – clear intent to access Borough property from his doors – was concern about a pipe that drains into Lake Louise – 2nd photo (called it “B”) shows the construction area and staging that has occurred – a lot of construction material was stored on the property prior to Sandy – access is restricted – 3rd photo (called it “Item C”) shows a view of the bulkhead with construction materials on Borough property – Mr. Betz should have supplied a survey or plot plan – 4th photo (called it “Display D”) shows the rear deck area with construction material on it for the last 5 years – same deck where alleged theft of lawn furniture has taken place – this is reason to construct a fence, to protect property owners on both sides – Mr. Betz has created his own hardship by having a door so close to the property line – has sent video of him being harassed by Mr. Betz on the property to some Governing Body members and the Attorney (Councilman Toohey left the room 8:39PM-8:42PM) – spoke about lake residents’ rights to the County easement – inclined to put a fence on each side to protect people from being harassed by Mr. Betz (Councilman Vogel left the room 8:50PM-8:53PM) – distributed a memo left in his mailbox, allegedly by people who met with Councilmen Cortes and Toohey and him, which puts forth a list of points (called it “Item F”), described neighboring plot plans and easement.
Councilman Vogel: asked about benches on Boston street ends and suggested a uniform policy of restricting access – maybe an opportunity for Mr. Betz to Adopt-a-Spot.
Kevin Walsh, PPB: also occupies front house at 135 Randall – asked how many Borough properties are around Lake Louise and suggested that the Borough would have to put fences there too.

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 8:58PM.

Meeting was adjourned at 8:58PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published November12, 2015 | Council Minutes | 2205

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