council meeting tuesday april 15, 2014 7:00...

COUNCIL MEETING

TUESDAY – APRIL 15, 2014

7:00 P.M.

Mayor: William G. Schroeder Council President: Robert Sabosik Council Member: Christopher Leitner (absent) Council Member: Antoinette DePaola Council Member: John Wisniewski Council Member: William Borowsky Council Member: Joseph Furmato Borough Attorney: Jerry J. Dasti David A. Maffei, Municipal Clerk/Administrator is also in attendance. The Pledge of Allegiance to the Flag was led by Mayor Schroeder.

STATEMENT BY MAYOR SCHROEDER: Pursuant to the applicable portions of

the New Jersey Open Public Meetings Act, adequate notice of this meeting has been

given. Notice of this meeting of the Governing Body, has been posted in the

corridor of the Municipal Building and published in the January 24, 2014 edition of

the Ocean Star and communicated to the Asbury Park Press.

A. EXECUTIVE SESSION

1. Personnel Matters – Tax Collector’s Office, Construction Department 2. Litigation Matter – Tax Collector’s Office 3. Shared Services – Bay Head Borough

Mayor and Council went into Executive session.

Mr. Dasti: We discussed the sharing of the Bay Head Court and the resignation of Bernadine Pearce, Tax Collector.

Mayor and Council returned to open session.

B. WORKSHOP 1. Report of Mayor

Mayor Schroeder: I had the pleasure yesterday of standing behind the Governor at the War Memorial with another hundred Mayors and Legislatures. They discussed controlling property taxes. In 2011 through the conversation with the Administrator and Public Works we are receiving a grant to replace the pump stations. The cost of the project has been cut in half from the State. This is a blessing.

2. Committee Report

Mr. Furmato: Tuesday night, the 29th of April we will have a meeting about the Community Center.

Mr. Borowsky: The Spring Lead Pickup and the Hydrant Flushing is in full operation. Installation of the first Tide Flex Valve is underway on Northstream Parkway. It appears the rehabilitation of Well #8 on Hardenberg Avenue will be the next project for DPW. This will include paining the water storage tank and replacing the area. Bob was hoping it would start by the end of the month and it should take about a month. I received an e-mail about the skate park from a young child I spoke with Bob and there are damages to three areas of the park and he will take pictures and send them to the manufacturer and see what it would cost to fix it. We all have to get on the same page and see what we want to do with this. The new back stop at Community Park is complete.

Mr. Wisniewski: Open Space, we are hoping that the Community Garden works with the Church. We will share that with the Environmental Commission. We expect to finalize the budget soon. We will determine how much CDL monies we will need.

Ms. DePaola: I welcome Tim Skinner, our new Construction Official. We are almost fully staffed and the new phone system will be installed shortly. Point Paws is asking we consider them using the garage new door to them. We will check with DPW to see if they are using it. Make sure no other organization is using it. Community Watch is asking the houses in town are properly numbered. Please make sure the numbers are large enough and lighted.

Mr. Sabosik: Fire Department Emergency truck we should receive in three weeks. I believe this will serve us for the next 30 years. The First Aid Building will be working on the apron and the new ambulances are being worked on.

Mayor Schroeder: We wish you all a A Happy Easter from Mayor, Council, Mr. Maffei and Jerry Dasti.

3. Discussion – Introduced Land Use Ordinance Amendments Regarding Recommendations of Re-Examination of Master Plan and Water Commercial Zone

Mr. Dasti: At the request of Mr. Leitner at the last meeting he asked that the Professional Planner for the Planning Board come and explain the ordinances that we have adopted at the first reading are all about. Ms. Beane, a Professional Planner from CME is here to give you a professional explanation.

Jennifer Beane, Director of Planning for CME: Thank you for having me. I along with Doug Rohmeyer have with the Planning Board for the last two years. We recently adopted the re-examination report in December. These two Ordinances that were approved for first reading at you last meeting are a direct result of that effort. We cleaned up anything where any uncertainties existed. This long ordinance clarifies many definitions that were either unclear or omitted from your ordinance to date and it also recommends some additional zoning protection like mere setbacks and coverages and clarifies some restaurant uses.

Mr. Dasti: The Borough has experience many Mother/Daughter housing questions and that is addressed in this ordinance.

Ms. Beane: We have a definition of Mother/Daughter and the intent is a Mother/daughter not a duplex. They revised standards for waterfront commercial zone. We had informal discussion with members of the public. We were introducing banquet facilities and it was included to have conditional uses for those. There were standards recommended and this ordinance has created definitions for restaurants and a banquet facility. There has to be an operating marina on the property.

Ms. Beane explained the details of the ordinances in depth.

Mayor and Council thanked Ms. Bean for attending.

C. PROCLAMATION 1. National Library Week

Proclamation

National Library Week 2014

WHEREAS, libraries help lives change in their communities, campuses and schools;

and, WHEREAS, librarians work to meet the changing needs of their communities, including

providing resources for everyone and bringing services outside of library walls; and, WHEREAS, libraries and librarians bring together community members to enrich and

shape the community and address local issues; and, WHEREAS, librarians are trained, tech-savvy professionals, providing technology training

and access to downloadable content like e-books; and, WHEREAS, libraries offer programs to meet community needs, providing residents

with resume writing classes, 24/7 homework help and financial planning services to teens applying for student loans to older adults planning their retirement; and,

WHEREAS, libraries continuously grow and evolve in how they provide for the needs

of every member of their communities; and, WHEREAS, libraries, librarians, library workers and supporters across America are

celebrating National Library Week; and, NOW, THEREFORE, I, Mayor William G. Schroeder of the Borough of Point

Pleasant, Ocean County, and on behalf of the entire Borough Council proclaim National Library Week, April 13th through 19th, 2014. I encourage all residents to visit the library this week to take advantage of the wonderful library resources available at your library. Lives change at your library.

Witness my hand and the Official Seal of the Borough of Point Pleasant, this 1 5 t h day of April, 2014.

William G. Schroeder Mayor, Borough of Point Pleasant

D. OPEN PUBLIC SESSION (Resolutions and Authorizations Only)

5 Minute Limit Per Person

Ordinance No. 530. An Ordinance to establish by-laws to govern the organization

and procedures of the Borough Council for meetings and deliberation. Section 5.

Public Participation. Each member of the public shall keep his or her remarks

brief, pertinent to the issues being discussed and shall not exceed a time period of

five (5) minutes in order to adequately provide all members of the public with the

opportunity to address the Governing Body consistent with good order and

efficiency.

MOTION: Open the meeting to the public __Ms. DePaola___________

SECOND: _ ___Mr. Borowsky__________________

APPROVED: ___All in favor________________

Mr.Sabosik, Council President, opened the meeting to the public. Seeing no hands Mr. Sabosik closed the public portion of the meeting.

E. RESOLUTIONS 1. (104-2014) Urging N.J.C.O.A.H. to Promulgate Regulations in Accordance with the Schedule of

the NJ Supreme Court Established on March 14, 2014

RESOLUTION NO: __104-2014_______

RESOLUTION OF THE GOVERNING BODY OF THE BOROUGH OF POINT PLEASANT

URGING THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING TO PROMULGATE

REGULATIONS IN ACCORDANCE WITH THE SCHEDULE THE NEW JERSEY SUPREME

COURT ESTABLISHED ON MARCH 14, 2014.

WHEREAS, in 1983, the New Jersey Supreme Court decided Southern Burlington County N.A.A.C.P. v. Tp. of

Mount Laurel, 92 N.J. 158 (1983)(“Mount Laurel II”) in which it not only created a body of procedural and substantive law

to advance the creation of affordable housing, but also clearly announced its desire for a legislative alternative to the laws it

created; and

WHEREAS, Former Governor Kean and the Legislature accepted the Supreme Court’s invitation and enacted the

New Jersey Fair Housing Act (“FHA”) in 1985; and

WHEREAS, the FHA created the New Jersey Council on Affordable Housing (“COAH”) and charged COAH

with the responsibility of periodically establishing regulations to provide guidance to municipalities and other interested

parties; and

WHEREAS, COAH promulgated regulations for the first housing cycle in 1986; for the second housing cycle in

1994 and for the third housing cycle in 2004 and again in 2008; and

WHEREAS, on September 26, 2013, the New Jersey Supreme Court decided In re Adoption of N.J.A.C. 5:96 &

5:97 by N.J. Council on Affordable Housing, 215 N.J. 578 (2013) in which it (a) invalidated the round three regulations

adopted in 2008; and (b) charged COAH with the responsibility of adopting a third iteration of round three regulations within

five months; and

WHEREAS, COAH failed to meet the five month deadline, but applied to the Supreme Court for an extension of

that deadline; and

WHEREAS, on March 14, 2014, the Supreme Court granted COAH’s application for an extension, but established

the following deadlines for COAH to follow to adopt new round three regulations:

1.By May 1, 2014, the COAH Board must meet and formally approve proposed newRound 3 rules in accordance

with the Supreme Court's September 26, 2013 opinion.These new rules should provide the "fair share"

numbers for all towns in New Jersey.

2.COAH must forward the proposed new rules to the Office of Administrative Law(OAL) for publication in the

June 2, 2014 New Jersey Register.

3.COAH must permit comments on the proposed new regulations until August 1, 2014.

4.By October 22, 2014, COAH must adopt the new rules.

5.COAH must transmit the adopted new rules to the OAL for publication in the NewJersey Register no later than

November 17, 2014.

WHEREAS, pursuant to this March 14, 2014 Order, the Supreme Court stated that ifCOAH fails to abide these

deadlines, it would consider applications for relief that may include exposing municipalities to builder's remedy lawsuits on

a case-by-case basis; and

WHEREAS, the Supreme Court suggested that municipalities could pay the price for COAH’s failure to do its job

in a timely fashion apparently because the Court viewed municipalities as somehow responsible for COAH’s delays; and

WHEREAS, the Borough wishes to extinguish any perception that it has directly or indirectly supported the delays

by COAH to meet the deadlines the Court has established; and

WHEREAS, to the contrary, the Borough wishes to make it absolutely clear that it urges COAH to meet the

deadlines the Court has established.

NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF POINT

PLEASANT as follows:

1.The Borough strenuously urges COAH to comply with the deadlines theSupreme Court established in its March

14, 2014 decision with respect to theadoption of proposed regulations and the handling of comments with

respectthereto.

2.If new Mount Laurel legislation is not enacted by the October 22, 2014deadline the Supreme Court has

established as the deadline for COAH toadopt new round three regulations, the Borough further urges COAH

toformally adopt its new Round 3 regulations by this deadline in order to avoidthe Supreme Court’s

consideration of a remedy that may include authorizationto file builder’s remedy lawsuits.

3.This resolution shall be submitted to the New Jersey Council on AffordableHousing immediately.

CERTIFICATION

I certify that the foregoing Resolution was duly adopted by the Borough Council of the Borough of Point Pleasant Borough

at a regular meeting held on the 15th day of April, 2014, a quorum being present and voting in the majority.

_________________________________

DAVID MAFFEI, Administrator/Clerk

MOTION: Adopt Resolution

MADE: Mr. Wisniewski SECOND: Ms. DePaola

Mr. Sabosik: Yes Mr. Leitner: Absent Ms. DePaola: Yes

Mr. Wisniewski: Yes Mr. Borowsky: Yes Mr. Furmato: Yes

CARRIES: Yes

2. (105-2014) Urging the N.J. Legislature and Governor to AcceptSupremem Court Initiative

to Enact Legislation to Establish a New, More Sensible Approach to Affordable Housing

POINT PLEASANT URGING THE NEW JERSEY LEGISLATURE AND THE GOVENOR TO

ACCEPT THE INVITATION OF THE SUPREME COURT TO ENACT LEGISLATION TO

ESTABLISH A NEW, MORE SENSIBLE APPROACH TO AFFORDABLE HOUSING IN OUR

STATE.

WHEREAS, in 1983, the New Jersey Supreme Court decided Southern Burlington County N.A.A.C.P. v. Tp. of

Mount Laurel, 92 N.J. 158 (1983)(“Mount Laurel II”) in which it not only created a body of procedural and substantive law

to advance the creation of affordable housing, but also clearly announced its desire for a legislative alternative to the laws it

created; and

WHEREAS, Former Governor Kean and the Legislature accepted the Supreme Court’s invitation and enacted the

New Jersey Fair Housing Act (“FHA”) in 1985; and

WHEREAS, the FHA created the New Jersey Council on Affordable Housing (“COAH”) and charged COAH

with the responsibility of periodically establishing regulations to provide guidance to municipalities and other interested

parties; and

WHEREAS, COAH promulgated regulations for the first housing cycle in 1986; for the second housing cycle in

1994; and for the third housing cycle in 2004 and again in 2008; and

WHEREAS, on September 26, 2013, the New Jersey Supreme Court decided In re Adoption of N.J.A.C. 5:96 &

5:97 by N.J. Council on Affordable Housing, 215 N.J. 578 (2013) in which it (a) invalidated the round three regulations

adopted in 2008; and (b) charged COAH with the responsibility of adopting a third iteration of round three regulations within

five months; and

WHEREAS, in apparent recognition that the Mount Laurel doctrine was in danger of crumbling under its own

weight, the Supreme Court in In re Adoption Of N.J.A.C. 5:96 and 5:97 invited the Legislature and the Governor, as clearly

and fervently as it could, to devise a new approach to affordable housing in our state; and

WHEREAS, as demonstrated by the following statements, the Court promised to show enormous deference to

any new legislative pronouncement and indeed went out of its way to express receptivity to legislation that plainly violates

longstanding principles in Mount Laurel jurisprudence:

a.All aspects of the remedy established in Mount Laurel II are not“indispensable components of a remedy

for the future.” Id. at 610.

b.It would be willing to consider an alternative to “a pre-fixed allocation ofmunicipal obligations based

on forecasted projected growth,” which would be a numberless approach. Id. at 611.

c.It would be willing to consider an alternative to imposing a Mount Laurelobligation on “all

municipalities of the state within fixed periods.” Id. at 605.

d.It would be open to legislation that limits the role of the builder’s remedy:“One can envision alternative

approaches that, perhaps, might relegate a builder's remedy to a more reserved status among available

solutions to encouragement of construction of affordable housing, reducing the political turmoil that has

plagued voluntary compliance with the constitutional goal of advancing the delivery of affordable

housing.” Id. at 610-11; and

WHEREAS, the Supreme Court has extended the five month deadline it established in In re Adoption Of N.J.A.C.

5:96 and 5:97 and set May 1, 2014 as the deadline for COAH to propose new round three regulations, and October 22, 2014

as the deadline for COAH to adopt new round three regulations; and

WHEREAS, as a result of the foregoing facts, the Supreme Court has created a roughly seven month window of

opportunity for the Legislature and Governor to enact new legislation to replace the FHA; and

WHEREAS, in the evolution of the doctrine, there has never been a greater opportunity to effectuate significant

changes to the doctrine; and

WHEREAS, the failure to enact legislation could expose municipalities to overwhelming and unreasonable

burdens; and

WHEREAS, in light of the above, it is essential that the Legislature and Governor seize this opportunity to enact

new affordable housing laws because the present laws are fundamentally flawed.

NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF POINT

PLEASANT as follows:

1.The Borough urges the Legislature to work with Governor Christie to takeadvantage of the opportunity to reshape

and modernize the Mount Laurel doctrine by developing and enacting legislation that better protects the interests

of municipalities and more reasonably balances all the competing interests.

2.Consistent with the Supreme Court’s invitation, the Borough strenuouslyurges any new Legislation to “relegate

a builder's remedy to a more reserved status among available solutions to encouragement of construction of

affordable housing”. Accordingly, any new Legislation should, at a minimum, impose a moratorium on all ongoing

and future builder’s remedy litigation to enable municipalities to comply with the standards embodied in the new

statute.


MADE: Mr. Wisniewski SECOND: Mr. Borowsky


Mr. Wisniewski: Yes Mr.Borowsky: Yes Mr. Furmato: Yes

CARRIES: Yes

3. (106-2014) Awarding Contract for the Purchase of a 2013 Mason Dump Truck, All American Ford, $57,957.22

MOTION: Awarding Contract for the Purchase of a 2013 Mason Dump Truck, All American Ford, $57,957.22

RESOLUTION OF THE BOROUGH COUNSIL OF THE BOROUGH OF

POINT PLEASANT BOROUGH, COUNTY OF OCEAN, STATE OF NEW

JERSEY, AWARDING CONTRACT FOR THE PURCHASE OF A 2013

MASON DUMP TRUCK TO ALL AMERICAN FORD

WHEREAS, the Borough Council of the Borough of Point Pleasant, County of Ocean,

State of New Jersey (hereinafter referred to as the “Borough”), has solicited bids for the purchase

of a 2013 Mason Dump Truck (the “truck”); and

WHEREAS, bids for the purchase of the truck have been solicited by the Borough in

conformance with the provisions of the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-

1 et seq.; and

WHEREAS, three (3) bids have been received in response to the bid solicitation, as

follows:

BIDDER TOTAL BID AMOUNT

Route 23 Auto Mall, LLC $50,927.00

Charles S. Winner, Inc. d/b/a Winner Ford $51,775.00

All American Ford of NJ, Inc. $57,957.22

WHEREAS, in consultation with the Superintendent of the D.P.W. and the Borough

Solicitor, the bids for the apparent lowest bidders, Router 23 Auto Mall, LLC and Winner Ford,

must be rejected because they are not in compliance with the bid specifications; and

WHEREAS, bid documentation submitted by the apparent, lowest responsible bidder, All

American Ford of NJ, Inc., has been reviewed by the Borough’s professional staff and found to be

acceptable as to form and content; and

WHEREAS, the Borough has been advised by its professional staff that the bid should be

awarded to All American Ford of NJ, Inc. for and in consideration of $57,957.22, which bid is in

conformance with the Borough’s budgetary constraints.

NOW, THEREFORE, BE IT RESOLVED, this 15th day of April, 2014, by the Borough

Council of the Borough of Point Pleasant, County of Ocean, State of New Jersey, as follows:

1. The Borough accepts the bid and awards a contract for the purchase of the truck to

All American Ford of NJ, Inc. for and in consideration of a total purchase price of $57,957.22.

2. The Borough rejects the bids submitted by Route 23 Auto Mall, LLC and Winner

Ford inasmuch as those bids are not in compliance with the bid specifications.

3. The Borough authorizes and directs the Mayor, Borough Clerk, and Borough

Administrator to execute any and all necessary documents in order to implement the intent of this

Resolution.

4. A certified copy of this Resolution shall be forwarded by the Borough Clerk to the

following:

(a) Honorable William Schroeder, Mayor;

(b) Robert Forsyth, Superintendent, D.P.W.;

(c) David Maffei, Borough Administrator/Clerk;

(d) Himanshu Shah, C.F.O.;

(e) Jerry J. Dasti, Esquire.

CERTIFICATION

I certify that the foregoing Resolution was duly adopted by the Borough Council of the

Borough of Point Pleasant Borough at a regular meeting held on the 15th day of April, 2014, a

quorum being present and voting in the majority.

_________________________________



MADE: Ms. DePaola SECOND: Mr. Borowsky



CARRIES: Yes

4. (107-2014) Authorize Refund of Demollition Bond, Block1, Lot 39, Dane DeForest Demolition

MOTION: Authorize Refund of Demolition Bond, Block 1, Lot 39, Dane DeForest

WHEREAS, Dane De Forest Demolition, 1508 Beaver Dam Road, Point Pleasant, NJ 08742 did

deposit with the Borough of Point Pleasant a Demolition Bond in the amount of $1,000.00 to

guarantee satisfactory demolition of a structure at 113 Chatham Lane, Block 1, Lot 39, Permit

#14-0073, issued 02/11/14.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of

Point Pleasant, County of Ocean, and State of New Jersey as follows:

1. That the proper Borough Officials are authorized and directed to return to Dane De Forest

Demolition, a demolition bond in the amount of $1,000.00 deposited as security for the

satisfactory demolition of the above structure.

2. Copies of this Resolution to: Construction Official, Dane De Forest Demolition, Chief Financial

Officer, and any other interested parties.


MADE: Ms.DePaola SECOND: Mr. Wisniewski



CARRIES: Yes

4. (108-2014) Accept Void Check Report

MOTION: Accept Void Check Report


MADE: Ms.DePaola SECOND: Mr. Furmato



CARRIES: Yes

5. (109-2014) Authorize Adjustment and/or Refund on Certain Tax or Water/Sewer Accounts

MOTION: Authorize Adjustment and/or Refund on Certain Tax or Water/Sewer Accounts


MADE: Mr. Borowsky SECOND: Ms. DePaola



CARRIES: Yes

6. (110-2014) Authorize Release of Performance Bond, Block 123, Lot 14 – Clean Cut Landscaping

MOTOIN: To table Release of Performance Bond, Block 123, Lot 14, Clean Cut Landscaping

MADE: Ms. DePaola SECOND: Mr. Wisniewski



CARRIES: Yes

7. 111-2014) Authorizing Termination Under NJ State Health Benefits Program for Prescription

Drug Coverage Only

MOTION: Authorize Termination Under NJ State Health Benefits Program for Prescription Drug Coverage

Only




CARRIES: Yes

8. (112-2014) Authorize Refund on Certain Recreation Program Fees

MOTION: Authorize Refund on Certain Recreation Program Fees

WHEREAS, a need has arisen in the Recreation Department to disburse a refund for various programs

or accounts.

WHEREAS, the following individual has been recommended by the Superintendent of

Recreation.

WHEREAS, it is the desire of the Mayor and Council of the Borough of Point Pleasant to confirm

said refund.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Point Pleasant

, County of Ocean, State of New Jersey, that the following individual be refunded as listed below:

Name/Address Program/Account Reason Amount

Taylor Shunk BootCamp Withdrew $40.00

103 Primrose Lane 26-0000-0000-2647

Brick, NJ

Christine Ward Tennis Withdrew $32.00

516 Greentree Avenue 26-0000-0000-2640

Christin Umek Karate (2) Withdrew $104.00

303 Atlantic Avenue 26-0000-0000-2644

Pt. Pl Bch

Alan Hackel Mad Science Low Enrollment$65.00

1319 Sunrise Ave 26-0000-0000-2679

Christine Ward Mad Science Low Enrollment$65.00

516 Greentree Avenue 26-0000-0000-2679

Teresa Morguess Bootcamp Low Enrollment$50.00

714 Oakwood Rd 26-0000-0000-2647

Lauren Connelly Biddy Basketball Low Enrollment$35.00

804 Laura Herbert Dr 26-0000-0000-2631

Elaina Romeo Biddy Basketball Low Enrollment$35.00

536 Barclay Drive 26-0000-0000-2631

Tracey Morris Biddy Basketball Low Enrollment$35.00

551 Smith Dr 26-0000-0000-2631


MADE: Ms. DePaola SECOND: Mr. Furmato



CARRIES: Yes

9. (113-2014) Authorizing Payment to Sherman’s Boat Basin for Hauling Vessels from 1425 Rue

Mirador

MOTION: Authorize Payment to Sherman’s Boat Basin for Hauling Vessels from 1425 Rue Mirador

RESOLUTION OF THE BOROUGH OF POINT PLEASANT, COUNTY

OF OCEAN, STATE OF NEW JERSEY, AUTHORIZING PAYMENT TO

SHERMAN’S BOAT BASIN FOR THE HAULING OF THE VESSEL

REMOVED FROM 1425 RUE MIRADOR, POINT PLEASANT, NEW

JERSEY FROM THE WATER AND BACK TO THE PROPERTY.


State of New Jersey (hereinafter referred to as the “Borough”) previously received report of a

sunken vessel at 1425 Rue Mirador, Point Pleasant, New Jersey (hereinafter “the Property”); and

WHEREAS, the Borough had been advised that the Property owner has abandoned the

Property, as said Property has been foreclosed by the bank; and

WHEREAS, the sunken vessel in the boat slip at the Property endangered the health,

safety, and welfare of the residents of the Borough of Point Pleasant; and

WHEREAS, by Resolution 080-2014, the Borough authorized Sea Tow Manasquan to

remove the vessel from the Property;

WHEREAS, Sea Tow Manasquan towed the vessel to Sherman’s Boat Basin, located at

644 Princeton Avenue, Brick, New Jersey and thereafter Sherman’s Boat Basin removed the vessel

from the water, cut a hole in the bottom of the vessel for drainage, and hauled the vessel back to

the Property where same is now dry docked;

WHEREAS, the Borough has received an invoice from Sherman’s Boat Basin for the

removal of the vessel from the water, drainage of the vessel, and return of same to the Property in

the amount of $750.00; and

WHEREAS, the Borough Solicitor has advised the Borough that the invoice from

Sherman’s Boat Basin is below the bid threshold pursuant to the Local Public Contracts Law,

N.J.S.A. 40A:11-1 et seq. and has further advised that the cost incurred by the Borough for same

will be placed as a lien against the Property;



1. The Borough accepts the recommendations of the Borough Solicitor and approves

the payment of the invoice submitted by Sherman’s Boat Basin for the removal of the vessel from

the water, drainage of the vessel, and hauling of the vessel back to the Property.

2. The Borough hereby approves the payment to Sherman’s Boat Basin in the amount

of $750.00.

3. The costs incurred by the Borough shall be placed as a lien against the Property.



Resolution.


following:


(b) David Maffei, Borough Administrator;

(c) Jerry J. Dasti, Esquire.

CERTIFICATION

I certify that the foregoing Resolution was duly adopted by the Borough Council of

the Borough of Point Pleasant Borough at a regular meeting held on the 15th day of April, 2014,

a quorum being present and voting in the majority.

_________________________________






CARRIES: Yes

10. (114-2014) Appoint 2014 Dog Census Takers

MOTION: Appoint 2014 Dog Census Takers

WHEREAS, a need exists within the Borough of Point Pleasant for part-time Dog

Census Takers in order to provide the Municipality with a report of unlicensed dogs in

compliance with Chapter 37, P.L. 1952; and

WHEREAS, the Police Chief interviewed applicants for said positions;

WHEREAS, the Police Chief has recommended the appointment of part-time Dog

Census Takers in order to comply with the State of New Jersey mandatory requirements.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough

of Point Pleasant, County of Ocean, State of New Jersey, that the following appointments are

hereby confirmed as part-time Dog Census Takers.

1. Kasey Collins, Robert Tobias, Richard Otto, Matthew Nickerson and Robyn

Aiello are appointed part-time Dog Census Takers.

2. The above appointments are on a part-time seasonal basis at an hourly rate

of $13.00 per hour from the Dedicated Dog Trust Funds.

3. Certified copies of this Resolution to the Registrar of Vital Statistics, Police

Chief, Chief Financial Officer, Appointee, and any other interested parties.





CARRIES: Yes

11. (115-2014) Confirm Appointment of Stu Safer as Part Time Temporary Electrical Sub Code

Inspector

MOTION: Confirm Appointment of Stu Safer as Part Time Temporary Electrical Sub Code Inspector

WHEREAS, a need existed within the office of the Construction Department for a

Temporary, Part-time Electrical Inspector; and

WHEREAS, the Municipal Administrator and the Construction Official have

recommended the appointment of Anthony Capoano to fill said position; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Point

Pleasant, County of Ocean, State of New Jersey, as follows:

1. Anthony Capoano is hereby appointed to the position of Temporary, Part time

Electrical Inspector in the Construction Department at an hourly salary of $35.00

per hour effective April 10, 2014.

2. Said Appointment is on a temporary part-time basis.

3. Certified copies of this Resolution to: Municipal Administrator,

Construction Official, Chief Financial Officer, Personnel File, Appointee

and all other interested parties.





CARRIES: Yes

12. (116-2014) Bills and Claims



Mr. Saboswik: Yes Mr. Leitner: Absent Ms. DePaola: Yes


CARRIES: Yes

13. (117-2014) Reappoint James Liguori as Municipal Court Judge

MOTION: Reappoint James Liguori as Municipal Court Judge

WHEREAS, Point Pleasant Borough Code Chapter 11, Section 7.4, declares there shall be a

Municipal Judge of the Municipal Court, who shall be appointed by the Mayor with the advice and

consent of the Council; and

WHEREAS, his term is established for three years from the date of appointment until his

successor is appointed and qualified; and

WHEREAS, James Liguori, Esquire, 1178 Route 37 West, Toms River, NJ has served as

Municipal Judge of the Borough of Point Pleasant since May 8, 1990; and

WHEREAS, Mayor William G. Schroeder has reappointed James Liguori, Esquire, to serve

an additional three year term effective on May 7, 2014 and expiring on May 6, 2017; and

WHEREAS, it is the desire of the Council of the Borough of Point Pleasant to approve the

appointment of James Liguori, Esquire, a Municipal Judge.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Point Pleasant,

County of Ocean, State of New Jersey, as follows:

1. James Liguori, Esquire, 1178 Route 37 West, Toms River, New Jersey, be and is hereby appointed as Municipal Court Judge of the Borough of

Point Pleasant.

2. This appointment shall be effective on May 7, 2014 and shall be for a three year term pursuant to N.J.S.A. 2A:8-5.

3. Mr. Liguori shall be compensated at an annual rate of $28,543.00 which shall be subject to renegotiation on a yearly basis.

4. Certified copies of this Resolution be sent to Municipal Administrator; James Liguori, Esquire; Municipal Court Administrator; Chief Financial

Officer and all other interested parties.



Mr. Sabosik: Yes Mr. Leitner: Absent Ms. DePaola; Yes


14. (118-2014) Award Contract for Reconstruction of First Aid Squad Building Parking Lot

and Driveway, Swift & son, $31,500.00

MOTION: Award Contract for Reconstruction of First Aid Squad Building Parking Lot

and Driveway, Swift & son, $31,500.00

RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF


JERSEY, AWARDING CONTRACT FOR THE RECONSTRUCTION OF

THE FIRST AID BUILDING PARKING LOT TO SWIFT AND SON.


State of New Jersey (hereinafter referred to as the “Borough”), has solicited bids for the

reconstruction of the First Aid Building Parking Lot; and

WHEREAS, bids have been solicited by the Borough in conformance with the provisions

of the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and

WHEREAS, seven (7) bids for the reconstruction of the First Aid Building Parking Lot

were received by the Borough as follows; and

COMPANY BID AMOUNT

Swift and Son $31,500.02

JADS Construction, Inc. $34,500.00

Richard T. Barrett Paving Co. $38,935.00

All Surface Asphalt Paving $43,850.00

Diamond Construction $46,960.00

Earle Asphalt Co. $47,313.13

Mixalia Enterprises $53,000.00

WHEREAS, the bid documentation submitted by the lowest responsible bidder, Swift and

Son, has been reviewed by the Borough’s Solicitor and professional staff and found to be

acceptable as to form and content; and

WHEREAS, the Borough has been advised by the Borough’s Solicitor and professional

staff that the bid should be awarded to Swift and Son for and in consideration of $31,500.02, which

bid is in conformance with the Borough’s budgetary constraints.



1. The Borough appoints and hereby awards a contract for reconstruction of the First

Aid Building Park Lot, for and in consideration of a total purchase price of $31,500.02 to Swift

and Son.



Resolution.


following:


(b) David Maffei, Borough Administrator/Clerk;

(c) John LeCompte, PE, PP, CME, Remington & Vernick;

(d) Himanshu Shah, C.F.O.; and


CERTIFICATION




_________________________________


Motion: Adopt Resolution




CARRIES: Yes

15. (119-2014) Award Contract for Reconstruction of Borough Hall Parking Lot, JADS

Construction Inc. $181,481,25

MOTION: Award Contract for Reconstruction of Borough Hall Parking Lot, JADS

Construction Inc. $181,481.25

RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF


JERSEY, AWARDING CONTRACT FOR THE RECONSTRUCTION OF

THE POINT PLEASANT BOROUGH MUNICIPAL BUILDING PARKING

LOT TO JADS CONSTRUCTION, INC.


State of New Jersey (hereinafter referred to as the “Borough”), has solicited bids for the

reconstruction of the Municipal Building Parking Lot; and

WHEREAS, bids have been solicited by the Borough in conformance with the provisions

of the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and

WHEREAS, five (5) bids for the reconstruction of the Municipal Building Parking Lot

were received by the Borough as follows; and

COMPANY BID AMOUNT

JADS Construction, Inc. $181,481.25

All Surface Asphalt Paving $187,520.00

Richard T. Barrett Paving Co. $205,950.30

Earle Asphalt Co. $235,113.13

Mixalia Enterprises, LLC $242,000.00

WHEREAS, the bid documentation submitted by the lowest responsible bidder, JADS

Construction, Inc., has been reviewed by the Borough’s Solicitor and professional staff and found

to be acceptable as to form and content; and

WHEREAS, the Borough has been advised by the Borough’s Solicitor and professional

staff that the bid should be awarded to JADS Construction, Inc. for and in consideration of

$181,481.25, which bid is in conformance with the Borough’s budgetary constraints.



1. The Borough appoints and hereby awards a contract for reconstruction of the Point

Pleasant Borough Municipal Building Park Lot, for and in consideration of a total purchase price

of $181,481.25 to JADS Construction, Inc.



Resolution.


following:


(b) David Maffei, Borough Administrator/Clerk;

(c) Himanshu Shah, C.F.O.;

(d) John LeCompte, PE, PP, CME, Remington & Vernick; and


CERTIFICATION




_________________________________






CARRIES: Yes

16. (120-2014) Confirm Appointment of Nicol K. Larsen as Part-time Clerk, Department of

Public Works

MOTION: Confirm Appointment of Nicol K. Larsen as Part-time Clerk, Department of Public

Works

WHEREAS, a need existed in the Public Works Department for a part-time Clerk; and

WHEREAS, on October 1, 2013 the Governing Body did appoint Nicol K. Larsen to said position

on a temporary basis; and

WHEREAS, the temporary appointment of Nicol K. Larsen as Part-time Clerk in the Public Works

Department has expired and it is the recommendation of the Superintendent of Public Works that Nicol

K. Larsen be appointed as a regular part-time Clerk at the same hourly wage.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Point Pleasant,

County of Ocean, State of New Jersey, as follows:

1. That Nicol K. Laresen is hereby appointed to a regular position as a part-time

Clerk in the Department of Public Works at her current hourly wage.

2. That said appointment is conditioned upon successful completion of the normal

working test period and Civil Service Procedures.

3. That Certified copies of this Resolution be sent to Nicol K. Larsen,,

Superintendent of Public Works, Chief Financial Officer, Personnel File, and any

other interested parties.





CARRIES: Yes

17. (121-2014) Temporary Emergency Appropriations

MOTION: Temporary Emergency Appropriations

WHEREAS, there is a delay in the adoption of the 2014 budget; and

WHEREAS, N.J.S. 40A:4-54 et.seq. provides for the creation of an emergency

temporary appropriation for said purpose; and

WHEREAS, the total emergency temporary appropriation resolutions adopted in

the year 2014 CY pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A. 40A:4-20)

including this resolution total $13,023,912.00 for Current & Water/Sewer Fund.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the

Borough of Point Pleasant, County of Ocean, State of New Jersey that in accordance with

N.J.S.A. 40A:4-20:

1. An emergency appropriation be and the same are hereby made in the amount of

$ 1,278,548.00 for Current and $459,357.00 for Water and Sewer as per attached

list.


MADE: Ms.DePaola SECOND: Mr. Furmato



CARRIES: Yes

F. AUTHORIZATIONS

1. Manual Checks

MOTION: Approve Manual Checks

MADE: Mr. Wisniewski SECOND: Mr. Borowsky



CARRIES: Yes

2. Request by Point Pleasant Board of Education to Waive all Building Inspection and

Permit Fees Associated with Recent Referendum Approved Projects

MOTION: Approve Request by Point Pleasant Board of Education to Waive all

Building Inspection and Permit Fees Associated with Recent Referendum Approved

Projects

MADE: Ms. DePaola SECOND: Mr.Wisniewski



CARRIES: Yes

3. Request by Nellie F. Bennett PTO to Conduct 2 Mile Family Fur/Run/Walk, May

17, 2014 at 8:30 a.m.

MOTION: Request by Nellie F. Bennett PTO to Conduct 2 Mile Family

Fur/Run/Walk, May 17, 2014 at 8:30 a.m.

MADE: Ms. DePaola SECOND: Mr.Borowsky



CARRIES: Yes

4. Request to Extend Licensed Premises, Idle Hour, for Bay Head/Mantoloking pbA, May

17, 2014 from 11 a.m. to 7 p.m.

MOTION: Request to Extend Licensed Premises, Idle Hour, for Bay Head/Mantoloking pbA,

May 17, 2014 from 11 a.m. to 7 p.m.




CARRIES: Yes

5. Request to Extend licensed premises, Idle Hour for Ocean Medical Center’s Nursing

Scholarship Fund raiser June 1, 2014 from 11 a.m. to 7 p.m.

MOTION: Request to Extend licensed premises, Idle Hour for Ocean Medical Center’s

Nursing Scholarship Fund raiser June 1, 2014 from 11 a.m. to 7 p.m.




CARRIES: Yes

6. Application for Social Affair Permit, Point Pleasant Chamber of Commerce,Summerfest,

June 7, 2014, 11 a.m. to 7 p.m

MOTION: Application for Social Affair Permit, Point Pleasant Chamber of

Commerce,Summerfest, June 7, 2014, 11 a.m. to 7 p.m




CARRIES: Yes

7. Authorization for Mike Gardner to continue the transition with our new Construction

Official Tim Skinner until April 17th




CARRIES: Yes

8. Authorize Mr. Maffei to Advertise for New Certified Tax Collector

MOTION: Authorize Mr. Maffei to Advertise for New Certified Tax Collector




CARRIES: Yes

9. Authorize a Shared Service Agreement with Bay Head for the use of our Court Room




CARRIES: Yes

10. Authorize Borough Administrator to carry out disciplinary action on a particular employee

that was discussed in Executive Session.




CARRIES: Yes

G. OPEN PUBLIC SESSION – 5 Minute Limit Per Person

Ordinance No. 530. An Ordinance to establish by-laws to govern the organization and

procedures of the Borough Council for meetings and deliberation. Section 5. Public

Participation. Each member of the public shall keep his or her remarks brief, pertinent to

the issues being discussed and shall not exceed a time period of five (5) minutes in order to

adequately provide all members of the public with the opportunity to address the

Governing Body consistent with good order and efficiency.

MOTION: Open the meeting to the public ____Mr. Sabosik_ ____________________

SECOND: _ __Ms.DePaola___________________

APPROVED: __All in favor_________________

Arthur Primrose, Manetta Drive, I am a 58 year resident and have reservations

regarding land zone changes against Mother/Daughter. We had this issue on Manetta

Drive with a Mother/Daughter and eventually it goes to a multi-family houses. Then you

have conforming uses. There are a lot of things involved with this.

Mayor Schroder asked Mr. Dasti to look into this and maybe tighten this up a little.

Mr. Dasti will look into tightening this up and talk with Mr. Burke.

Susan Rogers, long time resident of Point Pleasant and I work for the State of New Jersey

for the Division of Women. The Library Proclamation brought to mind and that is it is

April is Sexual Awareness Month. There are 21 rape care crisis centers in New Jersey

and the one that services Point Pleasant is the Long Beach St. Frances Community

Counselors and it has multiple satellite offices. The State of New Jersey see

approximately 3900 victims of sexual assault a year. That is three times the rate that is

reported in the uniform crime report that actually goes to prosecution for rape. They take

over 12,000 hot line calls. They do 7000 crisis counselor sessions a year and the

Department of Children and Families on Women will be celebrating on April 28th what is

called denim day. In Italy there was a case where a Judge dismissed a charge against a

perpetrator because the victim was wearing too tight jeans. It incensed many and it was

outraged and became a global awareness. On April 28th the State of New Jersey

celebrates denim day and we wear denim to support survivors of sexual assault. I just

wanted to let you all know that. I know you have a Community Watch Program and the

crisis centers teach intervention the schools. The State is funding rape programs. Thank

you for your time.

Lloyd Reilly, Esq., representing Peter & Lisa Gapp of Clark’s Landing, when the

recommendation came into the Planning Board it was conditional uses were with the

marina. The initial use was 25% of lot coverage. That included buildings and parking.

He requested further direction and details from the Planning Board on what can be put

on the Clark’s Landing site.

Dan Popovitch, representing Clark’s Landing requested the Mayor to step down on the

Clark’s Landing matter since he is a resident of Clark’s Landing. It was over two and a

half years ago that the Mayor and Council adopted on a first reading an ordinance about

the waterfront commercial properties and that is when they hired a Commercial Planner

to do a study. A new building for Clark’s Landing would be a substantial ratable. The

Planning Board did a lot of work on this ordinance. This would add to the tax revenue.

Dennis Vitkauskis, Foster Road; asked if the retirement of Bernie Pearce would end all

the litigation in the tax office.

Mr. Dasti: It accepts the resignation of the Tax Collector after 39 years.

Michael Vitiello, Esq., Attorney for Crystal Point, he has heard the arguments over the

past two years with the Planning Board. He feels the Planning Board is trying to turn

the Crystal Point into a non-conforming use. The arguments you heard from the objector

the objector objected we had professional witnesses. He suggested that when it comes

back for final reading, please take into account to move the ordinance into adoption.

Mayor closed the public portion of the meeting.

MOTION: To Adjourn

MADE: Mr. Sabosik SECOND: Mr. Borowsky

ALL IN FAVOR

TRANSCRIBED BY MARYANNE O’ROURKE

council meeting tuesday april 15, 2014 7:00...

Documents