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December 15, 2015

Council Meeting Minutes

Mayor Barrella called the meeting to order at 7:32PM. 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 December 1, 2015 Council meeting minutes was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Mayer, Cortes, Vogel….YEA
Councilman Toohey….ABSTAIN


Councilman/Mayor-Elect Reid: presented a proclamation to outgoing Mayor Vincent R. Barrella and thanked all who came out to support him at his last meeting.


Councilman Cortes discussed curb cut requests at the following locations: 604 Trenton (added as item 2h), 205 Homestead (held), 214 Princeton (held) and 403 Chicago (added as item 2i) – items added are for permission consistent with Code Enforcement Officer Petrillo’s recommendations.


Councilman Reid: No report.

Councilman Migut: thanked Mayor Barrella for using his skills and talents over the past 8 years in leading the Borough – turning it over in fine shape – won’t be taken lightly by the Governing Body – will try to follow in those footsteps – offered best wishes for his future.

Councilman Toohey: thanked the Mayor for his assistance on January 27, 2011 – he called him the night before a major snow storm because wife had a C-section scheduled – when they left the next morning, he found his street, Arnold Avenue and Route 35 paved – the only streets in town that were – is sure Mayor Barrella had a large part in that (Mayor Barrella: DPW Super Trout and the DPW employees are the ones to thank – they have consistently done a great job).

Councilman Mayer: just concluded Finance Committee meeting – spoke about revenue projections, tonight’s transfer resolution, 2016 Budget and tax collection – so far, so good; thanked Mayor Barrella for his service.

Councilman Cortes: thanked Mayor Barrella for his service – thanked him for notifying him when dignitaries were in town, so he could meet them; concrete walls have been poured for the new Ocean Avenue bathroom – some plumbing mechanicals have been done; Beautification Committee has put up snowflakes uptown – swags across the road won't be put up this year – will look into it next year.

Councilman Vogel: commended Officer O’Neill for an outstanding job and being proactive with issues involving school buses and sports teams; wished Mayor Barrella luck and all Merry Christmas.

Mayor Barrella: thanked all for coming and thanked Councilman/Mayor-Elect Reid and Council for the proclamation – his wife initially told him he was crazy for running – it’s been an interesting 8 years – has always tried hard to stay true to and fight hard for his beliefs, for the people of PPB, not his own benefit – a trying time – much harder on his family – recall never really bothered him as a litigator, but it bothered his family immensely – feels that those who signed the petition owe his family an apology – accomplished a lot over the years – inherited a Borough with significant financial issues – leaving one that is fiscally-sound and fully-staffed – have great people working in PPB – spoke about the December 26, 2010 snow storm, when he called BA/CFO Riehl and she was working on the budget, while managing the situation – a good portion of Brick’s DPW called out that day – PPB’s DPW employees, despite facing substantial furlough days, all came in and worked hard – shows their dedication – complimented former Clerk Ellsworth, Clerk Farrell and Deputy Clerk Mutter – they work really hard and earn every penny they make – also complimented the Payroll Clerks, Deputy Finance Officer Beno, Tax Clerk Coyne, CO Gardner, ZO Petrillo, TACO Scavone, Board Secretary Mills – and everyone he forgot – all tireless workers who care and deserve the best – commended the Police Dept – former Chief DePolo figured, out after 1.5 years of his tenure, that he is not the enemy of the Department – is no bigger supporter – they are the best in NJ – believes, if certain things were done, it could be even better – has taken 8 years to get used to Captain Dikun – not sure he has yet – has the utmost respect for him – has battled with Chief O’Hara – Department is a bit lightly staffed – his criticisms have never been personal – his kids, Melissa and Richard, who are here with wife, Barbara, who has shed more tears than anyone should have to, and some good friends in the room – has battled with former Councilman Corbally, but both care about PPB and doing the right thing – they got over their differences and worked together – Mr. Cavagnaro is a really good friend and was first to sign the recall petition – appreciates all – not going anywhere – busy at work – will be Interim Assistant Dean for Pace University’s Lubin School of Business Undergraduate Programs and on the Board of Trustees Finance Committee – BA/CFO Riehl is the best in NJ – he asked for her help and she has always been there for him – feels his greatest Sandy contribution is recognizing the really good people in place, staying out of their way and letting them do their jobs – advised the new Governing Body to do the same – to value the Borough’s people more than lawyers in thousand-dollar suits – they really care about PPB and are not in it for the money – thanked them all – also thanked 3 NJ mayors in attendance – Ed Zimmerman, Mayor Emeritus of Rocky Hill Borough, Brian Levine, Mayor Emeritus of Franklin Township/Somerset County Republican Freeholder and Ray Heck, Democratic Mayor of Millstone/President of the NJ Conference of Mayors (NJCM) – appreciates them taking time out of their days to come down.

Engineer Savacool: had sent a letter to the Governing Body regarding Building Code changes – brought maps – there is an item on agenda for Attorney to prepare amendment to the Flood Damage Prevention Code – explained why it’s critical to the Borough – most of the Borough, from Ocean Ave to Chicago, are in a Base Flood Elevation (BFE) 10 – Federal Government was revising BFE maps when Superstorm Sandy hit – to help people rebuilding, they set the Advisory Base Flood Elevation (ABFE) maps elevation at 11 – that's what's currently recognized for setting a house’s first floor – has worked out well – makes the Borough more resilient and safer – ABFE map also describes the center of PPB, through all the lakes, as an area of limited moderate wave action – new Building Code, passed in September, with mandated enforcement in March, says any structure within that area will have to be built to V-Zone standards, with no enclosures below BFE – an enormous, unnecessary expense for those reconstructing or elevating houses – Preliminary Flood Insurance Rate Map (PFIRM) and new flood insurance rates will be based on elevation 9 – didn’t recommend adopting PFIRM – recommends, upon speaking with CO Gardner, simple revisions to the Flood Damage Prevention Code, utilizing the new FIRM map that’s coming out, with enhanced free board requirements – net comes out the same and Borough continues its resiliency – that’s what’s on the agenda (Councilman Mayer: asked the timetable for Loughran’s point) moving forward with design – then, DEP will get permits and construct the new bulkhead – then, recommends moving forward – construction probably in 2016 for the bulkhead (Councilman Mayer: asked for Seacoast update) BA/CFO Riehl responded to a letter – waiting for the Hazardous Discharge Site Remediation Fund (HTSRF) to say money is allocated and investigation can be done (Councilman Mayer: asked for NJ Avenue bath house timetable – Open Space suggested proceeding on the specs) per Jim Tierney at Barlo, by the end of the month to bid in January – 90-day construction – should be ready for the season (Councilman Mayer: asked about Coliform Rule compliance) water system requires testing – Water Super Broyles asked for assistance – mandatory to maintain DEP compliance – Mr. Broyles asked for water tank inspections – some can be eliminated from paint inspection, if not currently storing water – good idea to move forward – can discuss with Mr. Broyles the tanks to be eliminated (Councilman Mayer: asked about valve replacement) contract went to Mark Woszcack last year to operate about 1/3 of the water valves within the system – did the work more quickly than expected, so continued to operate them all – some haven’t been operated in 30 years, so it is unknown if they are operational – 14 valves were found leaking, 21 totally inoperable – recommends inoperable valves be excavated and replaced – system does not meet current requirements for a number of valves – inadequate – proposal is to get a vendor to inspect the tanks – would put out specs or an RFP, if below bid threshold.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:12PM.

Dave Cavagnaro, Point Pleasant Beach (PPB): asked about 1k and 1m – asked if public can see plans when finalized and Council reviews them (Attorney Riordan: yes); thanked Mayor Barrella for his years of dedication – has come to appreciate his dedication, perseverance, tenacity, how much he cares for the people and the Borough and the sacrifices he has made – wished him well and Merry Christmas.
Vince Castin, PPB: asked about 2f; thanked Mayor Barrella for dedication and service.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:16PM.

Councilman Vogel: asked about the need for the transfer resolution (BA/CFO Riehl: needed for budgetary accounts that ran short and others that had excess appropriations – removing excess appropriations to the other accounts, so bills can be covered through year-end) asked if expenses were underestimated or if Borough overspent (BA/CFO Riehl: Brick MUA is separate – generally, when it’s between salaries and wages, it’s because of salary allocation – a certain percentage is allocated to, for example, Buildings & Grounds, that was charged to Recycling, Streets, Sanitation – it’s between individual budgetary accounts, not an actual shortfall) so, Legal, Credit Card Payment Processing (BA/CFO Riehl: those were under-budgeted) or overspent (Councilman Mayer: asked about Solid Waste item; Mayor Barrella: asked how much some accounts were over and which had to be moved; BA/CFO Riehl: the ones that were over and not a reallocation of funds were Credit Card Administration, Payroll Processing, Legal and Computer Data Processing, to accommodate a PO on the agenda; Mayor Barrella: the account that was most over was Legal by $22K).

Motion by Councilman Toohey to close public participation and adopt the items listed below was seconded by Councilman Reid and carried by roll call vote.
1a Approval of tax appeal refund to 1500 Richmond Ave LLC ($23,501.68)
1b Approval of payment cert #3 to Earthworks Inc for Little Silver Lk Dredging ($17,400.00)
1c Approval of dewatering bond refund to Offshore Pools for 206 New York Ave ($720)
1d Approval of salary adjustment for P. Kile for completion of core training test
1e Approval of payment to BTMUA for November bulk water usage ($66,893.35)
1f Approval of payment to PPB for parking meter credit card fees ($53,864.43)
1g Approval of payment to PBCC for pre-paid postage ($3,500)
1h Approval of payment to State of NJ for employee/retiree health benefits for Dec ($124,894.71)
1i Approval of amusement game license renewals for 2016–Jenks Pavilion (15), Jenks South (22), Bdwk & Central Ave Assoc (3)
1j Authorization for Mayor to execute Developer’s Agreement w/Jenks Pavilion Re: LED sign
1k Approval of payment to Turbo Electric for decorative light repair for tree ceremony ($3,200)
1l Approval of payment to Allied Biological for Lk of the Lillies permitting & treatment ($2,965)
1m Approval of payment to Barlo & Assoc for bath house renovation/design development ($5,500)
1n Approval of W/S bill adjustments (2)
1o Approval of 14 taxi vehicle licenses and 1 taxi driver license for Briggs Transportation
1p Approval of payment of Payroll #25 ($249,881.84)
1q Approval of salary adjustment for J. Johnston for passage of course leading to certification
1r Authorization for Engineer to assist w/coliform rule compliance, 1 aux water tank inspection design/bids/const of 21 replacement water valves, const of 13 replacement hydrants ($55,300)
1s Approval of PO to Power DMS for hosted subscription fee ($12,414)
1t Approval of payment to Meridian Occupational Health for 35 SLEO physicals ($7,950)
1u Approval of payment to Wilmac for police dept NICE/computer system ($5,850)
1v Approval of payment to Motorola for portable dual band radios for police dept ($109,718.16)
1w Approval of payment to Riggins Inc for 7,500 gallons of gasoline for DPW ($11,463)
1x Transfer of funds between 2015 Budget accounts ($167,200)
1y Award of contract to All Surface Asphalt Paving-Imp to Princeton & Homestead ($230,225)
1z Approval of payment cert #1 to Gavan Contracting for Ocean Ave Comfort Station ($10,743.25)
2a Award of contract to All Surface Asphalt Paving-Improvements to Trenton Ave ($352,600)
2b Authorization to advertise additional RFP for 2016 - Banking Services
2c Approval of PO to Alcomm Technologies for 16 portable radios for DPW ($7,240)
2d Authorization for Attorney to draft flood damage prevention ord, amendment per Eng’s advice
2e Appointment of Rec basketball director and referees and establishment of pay rates
2f Authorization for Mayor to execute CUC contract
2g Approval of payment to T&M Assoc from Pl Bd & BOA escrow accounts
2h Approval of curb cut request 604 Trenton – ADDED PER COMMITTEE REPORTS
2i Approval of curb cut request at 403 Chicago – ADDED PER COMMITTEE REPORTS
3a Approval of payment to First Due Training for turnout gear for Ocean Fire Co No 1 ($2,914.64)
3b Approval of payment of computer-generated vouchers ($414,128.26)
VOTE: Councilmen Reid, Migut (except 3a), Toohey, Mayer, Cortes, Vogel (except 1x & 3a)…YEA
Councilman Vogel (1x)….NAY
Councilmen Migut (3a) and Vogel (3a)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 3b with which Council has conflicts.


Ordinance 2015-27 (Amend Salary Ordinance - Titles) was considered on second reading. Mayor Barrella opened the public hearing, with no member of the public wishing to be heard.
Mayor Barrella: confirmed with BA/CFO Riehl that this is to correct titles for Civil Service.
Motion by Councilman Reid to close the public hearing and adopt Ordinance 2015-27 was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Reid, Migut, Toohey, Mayer, Cortes, Vogel….YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 8:22PM.

Ed Zimmerman, Mayor Emeritus of Rocky Hill Borough/Somerset County Government Officials Association: getting elected is about issues, governing is about making friends – Mayor Barrella made a bunch of friends along the way – congratulated and thanked him for all he has done for PPB and other towns – has worked with him on committees – first 3 months will be tough – in a year, he will smile more – invited Mayor-Elect Reid to reach out to NJCM.
Brian Levine, Mayor Emeritus of Franklin Township/Somerset County Freeholder: congratulated Mayor-Elect Reid – thanked Mayor Barrella – appreciates his service to PPB and to the State – will be other things in his future and community service is in his blood; wished Happy New Year to all.
Raymond Heck, Mayor of Millstone/NJCM President: town doesn't work well without people who work together well – families work together – PPB, a vacation destination, is one of the most appreciated spots in NJ – testament to everyone's leadership – when he met Mayor Barrella, he was approaching Governor Corzine and got his point across, as he did with Governor Christie and every other elected official – he is a gem – sometimes Mayor’s yield – he has always fought in the best interests of PPB – has learned from him – shows true leadership – going to bigger and better things; Mayor-Elect Reid is his new friend – invited him to use NJCM resources; congratulated all.
Mickey Diaz, PPB: thanked Mayor for making him famous with the parking plan – thanked him and his family – really appreciates all he went through – has been a wild ride.
Susan Loder, PPB: thanked Mayor for his service, despite the good, bad, happy and sad – has been the right man, in the right place, at the right time – thanked him for opening her to the inner workings of a small town and the many moving parts – thanked him for his leadership, passion, conviction and commitment – hopes subsequent Mayors and Council carry on the same conviction and passion.
Don Betz, PPB: thanked Mayor Barrella for his service – he is an honest person who stands up for right things – thanked Council for 30-day extension on his problem with a wall on his property – thanked Clerk Farrell for help with OPRA request for documents back to 1997 – thinks the paperwork he got proves that he receive approval for the wall – was asked to get a new survey of his property – the next day, he hired Mr. Burdick, his engineer – the new survey differs from what Council was handed a month ago – has done what was requested by Mayor Barrella and Councilman Migut by taking out the bulging parts of the wall – has removed cobblestone around the trees in the middle – has not cut down any trees – hopes to resolve this matter – sometimes compromise is the better way to go than litigation – appreciates Governing Body’s time and help – there used to be a door at the front of his house, but water would come in through it – house was rebuilt and the door put on the side – his is one of lowest homes on Randall Ave – wall protects him from flooding – wished all a good holiday.

Motion by Councilman Migut to authorize the Borough Attorney to work with the Borough Engineer in drafting an unconditional license agreement, allowing Mr. Betz to keep the retaining wall where it is (been there for 18 years – protects his property and PPB property from erosion – not that big of an encroachment – there is 24’ of opening to the road) was seconded by Councilman Vogel (consistent to what has been done on Broadway – consistency is important – need to address better signage, indicating it is public space, similar to what is done on Cedar Ave, incorporating all street ends – can regulate the hours, to avoid people loitering after-hours – can serve as a compromise with regard to public access and being kind to the neighbors) Mayor Barrella opened the matter to public discussion.
Al Varosi, PPB: per past protocol, should have the Engineer weigh-in on the effects of the wall, encroachment on the property and how it applies to code (Councilman Cortes: Engineer Savacool sent an e-mail – he reviewed the survey provided – was looking for clarification on Mr. Betz’ property; Engineer Savacool: was asked to look at the survey of easement area, which he did – has questions regarding rear dwelling access, vehicles; Mayor Barrella: those questions were answered by ZO Petrillo, who said there are support beams in there – Mr. Betz has indicated a willingness to put something in there to block it from being used – ZO Petrillo opined that it is not susceptible for garage use because of the construction; Councilman Mayer: asked Engineer Savacool about the extent of the encroachment, commonly referred to as the easement area, onto Borough property – it is a Borough lot with an Ocean County easement; Engineer Savacool: wall encroaches about 6’ off the front of the house, which tapers to about 6.5’ and then back in – on the rear house, there are some paver blocks and some other encroachments of about 4’ – second-floor decks are over the property line – .7’ to 1’) retaining wall has increased pressure during flooding – flood ordinances provide equalized pressure on both sides of the wall, so there is no hardship with regard to flooding in that area – the area is constantly eroding into the drain of the lake, which PPB paid to have dredged – shouldn't grant license for the retaining wall – there is also one on the southern side of the property, so it narrows the property considerably to 30’ – looks like Mr. Betz has a much bigger lot than he has; Mayor Barrella: thanked Mr. Varosi for his support over the years; Councilman Mayer: asked Engineer Savacool for insight on the flooding issue; Engineer Savacool: Randall Ave, in that location, is one of lowest parts of the Borough – wall keeps water from going onto the property – doesn't provide flood protection for the house (Councilman Mayer: asked about grading) if Mr. Betz removed the wall and graded entirely within his property, he wouldn’t maintain the same elevation at its foundation – wall can be reduced, so it is inside his property, with the same elevation – to remove it entirely and then grade, would result in a steep, unmanageable slope; Mayor Barrella: asked if it affects the property use and County easement – if County could get to the pipe; Engineer Savacool, as long as it was in the center of the easement, yes; Mayor Barrella: if they needed to get there and the pipe was biased toward the wall, it would have to be eliminated – could wait until County needed to access it before taking it out; Engineer Savacool: that’s correct – right now the County has not surveyed the pipe).
Vote: Councilmen Migut, Vogel….YEA
Councilmen Reid, Toohey, Mayer, Cortes….NAY
Mayor Barrella: advised Mr. Betz – wall must come out – has 45 days to challenge Council action.

Mr. Castin: recited his annual Christmas dissertation.

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) ENDED AT 8:45PM.

Motion to adjourn by Councilman Cortes was seconded by Councilman Reid and carried by consent of Council. Meeting was adjourned at 8:53PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published January20, 2016 | Council Minutes | 2250

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