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November 10, 2015

Council Minutes

Mayor Barrella called the meeting to order at 6:34PM. Present were Councilmen Reid, Migut, and Cortes. Councilmen Toohey, Mayer and Vogel were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

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 and Cortes…YEA

Closed Session began at 6:35PM and ended at 6:58PM

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

Motion by Councilman Migut to approve the October 27, 2015 Council meeting minutes was seconded by Councilman Reid and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel…YEA


Engineer Savacool: presented “The Point is: Flooding Can Turn a Pleasant Beach Day into a Nuisance–Combating Nuisance Flooding in the Borough of Point Pleasant Beach” – nuisance flooding is increasing, as NJ coast sinks and sea levels rise – showed drainage, lake piping systems and flood pattern – August 12, 2014 flooding was used as validation point – discussed 6 scenarios to improve nuisance flooding and area run-off – asked DOT to look at Rte 35 runoff and improve infrastructure – potential for 75% less flooding if Little Silver Lake is lowered – proposed dredging 22,000 cu. yds., replacing Weir structure, rebuilding west-end bulkhead and installing 2 tide structures at Boston Ave (Phase 1) – estimated $2.4M for dredging and structure installation/improvements – going forward, can disconnect runoff from lake to limit inflow (more aggressive and costly) answered questions from Council and public (Mr. Castin and Mr. Cavagnaro) timetable includes obtaining modified ACOE & DEP permits, final EIT funding review, winter flounder restriction and parking lot use during October Cancer Walk – recommends advance structural work to give contractor flexibility – expects 50% loan forgiveness – included in the County’s 2016 Capital Budget – dredging slated for next November.

Councilman Cortes agrees with ZO Petrillo that the request for 114 St. Louis would change dynamic of that part of the street – can access parking from rear. Denial was added as item 1w.
The Clerk announced that item 1p was removed per the BA/CFO.
Councilman Toohey: spoke with Council and owners of 408 Elizabeth – Council has taken a hard line on curb cuts – builder constructed a non-conforming 22’ cut instead of the approved 16’, causing a hardship on the owner to have it fixed – must send the message that if people mess this up in the future, they'll have to pay – suggested having DPW correct the cut and authorizing the Borough Attorney to seek damages for construction and legal fees (Attorney Riordan: suggested having owner assign any and all rights against the builder to the Borough – could go after builder directly for violating the terms of the permit or insist that the homeowners correct it themselves; Councilman Cortes: Building Dept has had previous problem with builder; Owners: concerned how it will look; BA/CFO Riehl: read DPW proposal; Owners: workable solution, as long as there is no structural damage, flooding, etc.) that is a concern, if we take on the work, that we get it right; (Owners: had to hire mason and contractor to open the road, even though builder was the general contractor; Mayor Barrella: confirmed that no one on Council favors allowing the 22’curb cut). Authorization to address the matter was added as item 1x.

Councilman Migut left the room briefly at approximately 8:32PM.


Councilman Reid: spoke with DPW Super Trout and BA/CFO Riehl about DPW employees having to nap in garbage trucks during snow events – would like to raise the roof to add a second floor with bathroom, shower, meeting and sleeping areas (in the meantime, can rent a block of hotel rooms during such an event); met with Det. Daniel and Chief O’Hara – would like bays and second level with locker room, men’s and women’s bathrooms and OEM and police board room, in case of emergency events; spoke to Jim Malone – Historical Society is located in a shed – would like it moved to the well property, with town and school involved – will speak with Point Pleasant Mayor for help with costs (Councilman Mayer: to dovetail with DPW idea, would also like Engineer to provide a realistic projected timeline on the Seacoast Oil Property clean-up). Authorizations for all estimates was added as item 1y.

Councilman Migut: Planning Board met about Master Plan revisions and adopted it – requested authorization for Attorney to make appropriate ordinance change for rezoning 5 Riverwood Park parcels from Commercial to SF5 (added as item 1z) other changes will be taken up next year; he and Mayor Barrella met with Mr. Betz and his son-in-law and toured 135 Randall – drafted and circulated an agreement – Attorney Riordan concluded it’s the wrong legal vehicle to achieve satisfaction for both parties – Mr. Betz would like to keep the retaining wall on Borough property because of flooding (photos of flooding during tonight's rain were distributed) Attorney Riordan had suggested giving Mr. Betz a license to maintain the wall – Beautification Committee would take over landscaping and maintenance (Attorney Riordan: would be an agreement, revocable by the Borough at any time, because there is no point in entering into an agreement with Mr. Betz, who has no rights to the property – don’t want to be in the position of granting him any rights by an agreement; Mayor Barrella: addressed the need to remove round planters beyond the wall; Attorney Riordan: Borough has already directed that, so there is no quid pro quo; Mayor Barrella: instructed Attorney Riordan not to speak unless questioned by Council; addressed Councilman Migut’s proposal that trees be planted 2’ off the Borough property line) property is sandy – planters are needed to keep plants alive (Mayor Barrella: could be made of wood and positioned to ensure the area is not used as a driveway; Councilman Vogel: requested a stipulation that plants be in a planter, so there is no issue with roots going through pipe; Councilman Mayer: asked the size of the area to be licensed – clarified encroachment is 18” and front house is not on the property line; Attorney Riordan: Councilman Cortes discovered a survey; Councilman Toohey: concerned about idea in the agreement that Mr. Betz could contribute to Beautification; Councilman Cortes: it's Borough property – Mr. Betz has had use of it for 18 years – garage doors were installed with the intent of using the property for boats and kayaks – has 50’ of lake frontage – take the property back and have Environmental Commission, not Beautification, maintain it; Engineer Savacool: Mr. Betz should submit a survey showing current conditions and encroachments; Councilman Cortes: spoke with County Road Supervisor – will check the pipe and repair it, if necessary (Councilman Vogel left the room 8:54PM-8:57PM) Mr. Betz was advised not to cut trees on Borough property. Extension of deadline to comply with BA/CFO’s letter until December 16th was added as item 3.

Mayor Barrella left the room briefly at 9:02PM.

Councilman Toohey: apologized for his conduct at the last meeting, which he described as unbecoming of an elected official.

Councilman Mayer: No report

Councilman Cortes: met at the bathhouse with BA/CFO Riehl, Engineer Savacool, DPW Super Trout and Jim Tierney from Barlo – reviewed property and plans – worked it out and ready to go – Barlo will get costs (Engineer Savacool: should be able to bid in early January); did not attend pre-construction meeting about 1 Ocean Ave bathroom, but BA/CFO Riehl showed him samples of the curb work and color – will be red – will also get roofing samples – completion date is end of January; congratulated Mayor-Elect Reid, Councilman-Elect Santanello and himself on election victories – election night spaghetti dinner was well-attended; on Friday, he will help Beautification decorate downtown.

Councilman Vogel: gave update on the Police Dept – they continue to train in the off-season – 2 administrators attended a body-worn camera forum – 2 officers attended safe school symposium – Detective Bureau has busy with solving recent burglaries – arrest was made in the case of a hidden camera in a public restroom – Student Resource Officer has been active in correcting underage drinking issues; reminded all that dogs are not allowed on the Boardwalk or beaches, even in the off-season; asked Mayor Barrella to nominate Dan DePolo as an Alternate Member of the Board of Adjustment (confirmation added as item 4); asked if the garage on the bathhouse property belongs to the Borough, as there is graffiti on it (BA/CFO Riehl: yes – leased it Risden’s for their use – lease ends this year; Councilman Cortes: DPW Super Trout said he can put it to good use); suggested identifying properties with easement issues, such as Freedom and Liberty Lanes. to ensure consistency with granting or denying curb cuts; commemorated the 240th birthday of the U.S. Marine Corps – recognized Alfred M. Gray, a PPB kid, who became a Marine Commandant – thanked Veterans for their service, including Lt. Michigan and Communications Operator Fioretti, both Marines.

Vince Castin, PPB: commemorated Veterans Day, November 11th, and invited all to an 11AM service at the VFW.

Mayor Barrella: congratulated Mayor-elect Reid and Councilman Cortes on their election victories; asked BA/CFO Riehl about labor negotiations (BA/CFO Riehl: Teamsters and TWU have filed for mediation with PERC); asked for cap changes on professional RFPs from last year to this year (BA/CFO Riehl: engineering cap went from $110/hour to $135 and legal cap from $120/hour to $135) police are stuck at 2% arbitration rate and municipal employees, with no right to strike, are going to mediation, but our professionals are getting a potential 22% and 13% increase – something wrong with this; spoke about document marked "Confidential–Attorney Client and Attorney Work Product Material – Not to Be Distributed" – it is dated October 16th, is captioned “Analysis of Conflict Issue" and regards a specific Councilman (believes it is a public record, since it was prepared by the Borough Attorney, addressing the ability of a Council member to participate) had asked once before who authorized this 10-page document, replete with citations and the like to be written by Labor Counsel and the Borough Attorney (Councilman Cortes: as a Personnel Committee member, felt there could have been an issue – trying to protect the Councilman from questions – a general suggestion came up that there could be a possible conflict) an expensive and extraordinary step – if the request came from the Governing Body member, he could understand – asked if Labor Counsel Riccio has submitted his bill (BA/CFO Riehl: will check); at last Council meeting, he asked if Attorney Riordan was instructed to write his September 25th letter to Martell’s attorney, Gasiorowski, concluding that he is a private citizen – NJ Conference of Mayors and their counsel disagrees (Councilman Cortes: received a letter from Mr. Gasiorowski, addressed to him as Council President and Council members – he forwarded it to Attorney Riordan – response was that Council did not know about or authorize the Mayor’s letters to the State, which were on Borough letterhead) in theory, Mr. Riordan is supposed to represent the Borough, which includes the office of the Mayor, which is an independent office, duly-elected, with its own powers under State law – confirmed that Councilman Cortes received Mr. Gasiorowski’s letter on or about September 23rd and Mr. Riordan responded to it on September 25th – asked who else reviewed it (BA/CFO Riehl: responded several days after it was sent) on November 2nd, he sent a follow-up e-mail to Attorney Riordan asking who authorized the letter – as of yesterday, he hadn’t heard anything, so he forwarded his e-mail to the BA/CFO and Clerk, asking them to forward it for response – read into the record Attorney Riordan’s e-mailed response (11/9/15, 6:49PM): “Dear Mayor Barrella: Unless there is some urgency to a particular task, I try and address each Borough task assigned on a first come first serve basis. I was out of the office most of last week, as the office was closed for election day, a court holiday, I was in trial on Wednesday, and off on Thursday and Friday as my children were off for teacher convention while my wife’s office was open. I apologize for the delay, but was not informed of any special urgency to your request. I expect to reach your request tomorrow. I expect I will dictate a response at that time. You should have written correspondence in response on Wednesday. I trust this answers your concerns.” – wonders why the Mayor of PPB has to wait 14 days, send 2 e-mails and ask the Administrator to follow up for answer from the Borough Attorney, when Mr. Gasiorowski gets a response 2 days later – has a problem with the e-mail and the ethical issues – wonders if there is something beyond Borough business involved.

BA/CFO Riehl: tax sale is November 20th at 10AM in Council Chambers; Borough Engineer and OCUA met last week about New Jersey Ave pipe relining, including Ocean to Gowdy Aves – will be some traffic diversion March-April (Councilman Vogel: asked about work on Route 35 and Maryland Ave; Councilman Reid: major project – must do both sides of street – will take time – asked Engineer Savacool to find out; Councilman Vogel: were supposed to be notified before work began – to keep businesses in the loop); auctioned and sold surplus fire vehicle on govbids.com for $18,100.00.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 9:33PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): congratulated Mayor-elect and Council members; asked that Engineer’s Savacool’s presentation be available to the public; would like phragmites dredged from Lake Louise; asked about using the Coast Guard building for this Historic Preservation Society.
Al Varosi, PPB: circulated 2 Building Dept surveys, showing Mr. Betz’ property (his J1) and lot (his J2) and a display showing planters (his G – created by him, a licensed land professional) planters extend about 6'9" onto Borough property – surveys show setbacks and earlier condition of planters as to location of the retaining wall – Mr. Betz holds Governing Body in contempt and intimidation with threats of suits and investigations – if anyone else acted like him, he would be removed at the Mayor’s request by the Sargent at Arms – time to kill negotiations and proceed with what the Governing Body passed 2 months ago – what Mr. Betz seeks is like a land use variance, but there is no hardship – seeking relief from what he created himself – Building Dept has no plot plans for construction or raising of the house.
Don Betz, PPB: responded to Mr. Varosi – not raising his house – has passed inspection and has permits – will remove all he can from Borough property and bring a survey to BA/CFO Riehl to distribute to Council – he went through this with Council in 1998 – wouldn't have put up a wall and left it there for 18 years without permission.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 9:51PM.

Motion by Councilman Cortes to close public participation was seconded by Councilman Reid and carried by roll call vote.

Motion by Councilman Toohey to approve items listed below was seconded by Councilman Migut and carried by roll call vote.
1a Approval of fee waiver for Chamber of Commerce Festival of the Sea 5K ($525)
1b Approval of payment to Denise Sweet from BOA escrow accounts
1c Approval of payment to T&M Assoc from Pl Bd, BOA & Developer escrow accounts
1d Authorization to advertise RFPs for professional services for 2016
1e Authorization to bid recons of Trenton Ave, Ocean to Forman, incl misc Borough improvements
1f Authorization to bid recons of Homestead & Princeton Aves, funded in part by NJDOT & CDBG
1g Approval of payment to PPB Chamber of Commerce for holiday decoration donation ($5K)
1h Approval of PO to County of Ocean for 48 Hepatitis B shots ($9,600)
1i Increase bid threshold from $36K to $40K, per recent changes to Local Public Contracts Law
1j Approval of Payroll 22 ($254,733.38)
1k Approval of payment of Pay Est No. 3 to Nat’l Water Main Cleaning for Trenchless Sanitary Sewer Spot Repairs ($7,963.72)
1l Approval of salary adjustment for J. Johnston for passage of course leading to certification
1m Approval of payment to Riggins, Inc. for 3,000 gallons of diesel fuel ($4,669.80)
1n Approval of payment to OCUA for 4th Quarter installment ($320,265)
1o Approval of payment to Detcon for replacement sanitation tipper ($4,088.50)
1q Approval of payment to Wilmac Co for police hardware/software/maintenance ($20,858)
1r Approval of payment to Winner Ford for F-250 pick-up truck for the police dept ($30,473)
1s Approval of payment to the State of NJ for employee & retiree health benefits ($124,894.71)
1t Approval of release of dumpster bond for 206 New York Ave
1u Authorization to sell DPW vehicles through public auction on govdeals.com
1v Approval of payment to Aurora Environmental for DPW fuel management installation ($44K)
1w Denial of curb cut request at 114 St. Louis Ave – ADDED PER DEPT HEAD MEMOS
1x Authorization for Attorney, upon owner assigning legal rights to the Borough, to work with Bldg Dept to persuade responsible parties, other than the homeowners, to correct the curb cut at 408 Elizabeth to the approved 16’, or have DPW to do the work, with damages to be collected from any & all responsible parties – ADDED PER DEPT HEAD MEMOS
1y Authorization for Engineer to provide estimates on proposed DPW, OEM, Historical Society & Seacoast Oil projects – ADDED PER DEPT HEAD MEMOS
1z Authorization for Attorney to make appropriate ordinance change for rezoning 5 Riverwood parcels – ADDED PER DEPT HEAD MEMOS
2a Approval of pymt to Sunny Communications for UHF Repeater for fire communication ($2,835)
2b Approval of payment of computer-generated vouchers ($430,494.05)
2c Approval of payment to Defender Emerg Svcs for replacement thermal imaging cameras for the fire dept ($9,600)
VOTE: Councilmen Reid, Migut (except 2a&c), Toohey, Mayer, Cortes, Vogel (except 2a&c)…YEA
Councilmen Migut (2a&c) and Vogel (2a&c)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 2b with which Council has conflicts.

Councilman Migut: there are license agreements in other areas of the Borough to solve resident problems – Mr. Betz has a flooding problem and is working actively with the Borough to correct the situation – courtesy, diligence and responsibility dictate that Council vote for the extension.
Motion by Councilman Migut to approve the item listed below was seconded by Councilman Cortes and carried by roll call vote.
RESOLUTION 3: Extension of deadline for Mr. Betz to comply with BA/CFO’s letter until 12/16/15
VOTE: Councilmen Migut, Mayer, Cortes, Vogel…YEA
Councilmen Reid and Toohey….NAY

Motion by Councilman Vogel to approve the item listed below was seconded by Councilman Mayer and carried by roll call vote.
RESOLUTION 4: Confirmation of Mayor’s nomination of D. DePolo as BOA alternate
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel…YEA


Ordinance 2015-26 (Bond Ordinance – Little Silver Lake Dredging) was introduced on first reading. Motion by Councilman Mayer to approve Ordinance 2015-26 on first reading was seconded by Councilman Vogel and carried by roll call vote. The public hearing will be held on December 1, 2015.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel…YEA

Mayor Barrella: asked if Attorney Jackson’s September 28, 2015 letter, regarding Purple Jet lawsuit, challenging the Borough’s right to control its own streets, has been answered and who is handling it (Attorney Riordan: he is – has been answered) asked if Mr. Jackson’s firm serves as Public Defender or other capacity (Attorney Riordan: thinks Public Defender) Mr. Schaller is part of that firm.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 9:58PM.

Dave Cavagnaro, PPB: had requested, via OPRA, an e-mail from Barlo on the Risden’s bathhouse issue – received e-mail from Engineer with no authorization to proceed – asked where that information is, if there are 2 contracts (no), if there will be a report from Barlo (Engineer Savacool: not a report, but architectural plans) and if there would be restrictions if the Borough wanted to remove the building in the future (BA/CFO Riehl: will look into – purchased at $3M – have received close to $2M in reimbursements from Green Acres; Attorney Riordan: Green Acres would have to approve).

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

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 10:09PM.

Meeting was adjourned at 10:09PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published December02, 2015 | Council Minutes | 2216

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