WORK SHOP MEETING AGENDA MAYOR AND COUNCIL December 1, 2016

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1 WORK SHOP MEETING AGENDA MAYOR AND COUNCIL December 1, 2016 MEETING CALLED TO ORDER Statement of Compliance with Open Public Meetings Act. This meeting complies with the Open Public Meeting Act by notification on January 4, 2016 of this location, date and time to the Asbury Park Press and the LINK News, publication on January 7, 2016 and by the posting of same on the municipal bulletin board and Borough Web Site FLAG SALUTE: INVOCATION: ROLL CALL: PAYMENT OF BILLS: # Resolution authorizing the payment of bills. # Resolution authorizing budget appropriation transfers ADMINISTRATOR S REPORT: 1. Resolution amending the 2016 budget to add an item of revenue: OEM Performance Grant 2. Resolution amending the 2016 budget to add an item of revenue: NJFRAMES Millennium 3. Resolution amending the 2016 budget to add an item of revenue: Non-Federal Cost Share Grant 4. Resolution authorizing release of Performance Bond for Oceanport Center LLC 5. Resolution authorizing redemption of Tax Sale Certificate # Resolution affirming the Borough s Civil Rights Policy 7. Resolution adopting MEL JIF recommended amendments to the personnel policy and employee handbook 8. Resolution authorizing a waiver of (F) for 44 Algonquin Ave 9. Approval of the Regular Meeting Minutes of November 3, Approval of the Emergency Meeting Minutes of November 16, Approval of the Executive Session Minutes of November 16, 2016 MAYOR S REPORT: PETITIONS FROM THE PUBLIC: ADJOURNMENT

2 WORK SHOP MEETING MINUTES MAYOR AND COUNCIL BOROUGH OF OCEANPORT December 1, 2016 The Workshop Meeting of the Oceanport Mayor and Council was called to order on December 1, 2016 at 7:05 P.M. with the Statement of Compliance with the Open Public Meetings Act given by Council President Irace. "Adequate notice of this meeting has been provided by notice to the Asbury Park Press and The Link News on January 4th, 2016, publication on January 7, 2016 and by the posting of same on the municipal bulletin board and Borough Web Site. PLEDGE OF ALLEGIANCE: Mayor Coffey led the audience and members of the Council in the flag salute. INVOCATION: MEMBERS PRESENT: MEMBERS ABSENT: OFFICIALS PRESENT: Borough Chaplin Stacy Deerin gave the invocation. Councilpersons Briskey, Gallo, Irace, Kahle, Patti and Mayor Coffey Councilwoman Cooper Borough Clerk, Jeanne Smith, Borough Attorney, Scott Arnette, Borough Administrator Raymond Poerio Resolution # authorizing the payment of bills Mr. Poerio advised that the Kimberly Woods and Bridgewaters townhomes agreements had not been completed as anticipated therefore requested that those bills be removed from the bill list. Members of the Governing Body received revised bill list. Mayor Coffey asked for a motion approving Resolution # with removal of payments for Kimberly Woods and Bridgewaters associations, which was made by Councilwoman Kahle and seconded by Councilman Gallo. The Clerk called roll: AYES: NAYS: ABSTAIN: ABSENT: Gallo, Kahle, Patti Briskey Irace Cooper The Clerk stated the motion carried. Mayor Coffey and Councilman Briskey discussed the form of the resolution. Both agreed that it does not reflect the current process. At the December 15 th regular meeting, Mayor Coffey will propose a change to the Borough s bylaws to modify the bill approval process and to change the Clerk/Administrator position to Borough Clerk and Borough Administrator. It will propose that the Borough Administrator and the CFO make certifications that the money and checks are in order and the Governing Body will approve the bill list based on the BA s and CFO s review. Councilman Briskey did note that the bill list was provided to Council for review prior to the bill list being presented at meetings. Resolution # authorizing budget appropriation transfers Mayor Coffey asked for a motion approving Resolution # , which was made by Council President Irace and seconded by Councilwoman Kahle. The Clerk called roll: AYES: NAYS: ABSTAIN: Briskey, Irace, Patti, Gallo, Kahle None None 1

3 ABSENT: Cooper The Clerk stated the motion carried. ADMINISTRATOR S REPORT: Mr. Poerio stated that he and Katie LaPorta, the CFO, have been monitoring the budget closely in order to make any transfers that may be necessary. Another appropriation transfer may be added to the next agenda. The $14,000 OEM grant will help offset some of the OEM costs of salary, wages or operating. He thanked OEM Director Buzz Baldanza for working on and securing that grant. An additional $41,000 grant for the NJFRAMES project will be an item of revenue for services provided by Millennium on behalf of the Borough acting as lead agency for the project. Mr. Poerio advised that the Borough was successful in obtaining approximately $156,000 from the State s Non-Federal Cost Share Program to cover the Borough s 10% cost share for FEMA projects. As the Borough has not received direction yet from the State on the use of the funds, Mr. Poerio advised that item 3 not be acted upon until such time that direction was received. Mr. Poerio reported that the E. Main St. Streetscape project was on time, on schedule and on budget with approximately 90% complete, waiting for additional light stations being delivered and overall pleased with the outcome. Mr. Poerio has received inquiries from Council members regarding the Thin Blue Line, advised he contacted Monmouth County to determine if the County would provide the service and was advised that they were not offering that service. He and Councilman Gallo are attempting to get quotes for the striping and the cost of the paint. They need direction from the Council as to which street would get the stripe and will proceed accordingly. Council President Irace suggested including the PBA in the discussion because it was his understanding that in surrounding towns, the respective PBAs have paid for the paint. Council members agreed that Mr. Poerio and Councilman Gallo should continue with the project. Mr. Poerio advised that 6 bids were received for the bulkhead replacement project. Bids ranged from a high bid of $337, to a low bid of $178,908. He and Mr. White, Borough Engineer, are reviewing the bids. All bids were higher than the Engineer s construction estimates. They will submit a recommendation to the Council. Mr. Poerio asked for permission to use the winning photos from the photo contest as the cover for the Borough s 2017 calendar with no objections from Council. Councilman Patti was pleased with the idea. Mr. Poerio next reported on the capital purchases including updated CPUs and laptops to be replaced with a cost under the bid threshold and updates to the Borough s finance package including the ability to use electronic purchase orders beginning in January. Through the GovPilot program, the Borough is going paperless for garage sales, business licenses and dog and cat licenses through the Borough s website. Acceptance of credit card payments on line will be the second phase. The credit card fee will be paid by the resident. Also through GovPilot on the Borough s website, residents will be able to report a concern at any time, such as reporting a pothole, improper parking or poor property maintenance can be reported 24 hours a day. That information will then be distributed to the appropriate department. The system allows for tracking and follow up on all activity on those concerns. Another planned modular with GovPilot is for the Building Dept. Through GovPilot, residents will have the ability to fill out and submit their jackets on line. Eventually, the inspectors will be able to go to sites and use a tablet onsite to report their inspections. Mr. Poerio reported the new Code Enforcement Officer, Jim Miller, was caught up with the backlog of residents complaints, most have been addressed with some complaints scheduled to be heard in Court. Both Council President Irace and Mr. Poerio complimented Mr. Miller s efforts to resolve the many complaints. Mr. Poerio also thanked Ms. Smith for her hard work on the GovPilot project. Mayor Coffey stated that when he first took office, code enforcement complaints had been piling up, and Mr. Miller has done an outstanding job clearing up the complaints. Council President Irace informed the audience that prior to the meeting, the Governing Body attended a class on ethics presented by JIF. The outcome was $250 per person towards deductibles. 2

4 PETITIONS FROM THE PUBLIC: Mayor Coffey then opened the meeting to anyone from the public who wished to be heard. Dave Lesser, 44 Algonquin Ave., asked if he could install a Belgian block curb across the front of his property, approximately 150 feet. Mayor Coffey advised that this issue will be addressed at the December 15 th meeting. Councilman Gallo commented that when people install Belgian blocks, they are often torn out when Public Works projects, maintenance or snow removal occurs. Mr. Lesser stated that he understands he will be indemnifying the Borough from any disturbance and that he is responsible for repairing any such damage. Colin Wible, 67 Wolf Hill Ave., asked what the $6,790 bill from Suburban Consulting for the East Main Street Streetscape project was for. Mr. Poerio stated that Suburban Consulting was the engineer/architect responsible for the project, including bid documents and construction management. Mr. Wible asked if it was related to the East Main St. redevelopment plan that was paid for by the State. Ms. Smith responded that it was related to the grant received to pave the road. Clarence Brocklebank, 40 Sagamore Ave., asked what was happening with the emergency sirens. There was a recent evacuation at the school and the siren did not sound. He s asked if they will be fixed and has not gotten an answer. Councilman Briskey stated he s been asking the same question for 5 years. He stated the Borough received a grant for the sirens. He stated the volunteers want the sirens, and it is being stifled. He expressed his extreme frustration with the situation. Mr. Poerio stated that at the last Council meeting, there was a question regarding the Blackberry Bay siren. It hadn t been fixed because there was a concern about an osprey nest. He contacted the DEP and is waiting for advice from them regarding an acceptable decibel level for the osprey. Councilwoman Kahle stated that there had been complaints from residents also. She also noted that all first responders have pagers. Council President Irace agreed and stated the Borough spent a lot of money for those pagers. Councilman Briskey stated that since dispatch was given to the County, it hasn t been working properly. Mr. Brocklebank stated that half of the calls don t come out and some pagers don t work. Councilman Briskey explained that he didn t want the siren to sound for every first aid or fire call. There was discussion regarding the policy for setting sirens off. Mayor Coffey asked for the written protocol. Councilman Briskey stated the last protocol was an executive order by the former Mayor. Ms. Smith stated she has the executive order. Mayor Coffey asked for the written protocol for the December 15 th meeting. He asked if all the sirens worked. Mr. Poerio replied that all do except Blackberry Bay. He stated that there is a card that needs to be replaced. When discussion started about replacing the card, the issue of the osprey was raised. He will follow up with DEP. Regardless of the osprey issue, Mayor Coffey stated Blackberry Bay does not work. Mr. Poerio advised the cost of the card is approximately $2500 and the funds have been allocated. Council President Irace stated that the issue is who controls the sirens, not necessarily if the sirens work. Councilman Briskey stated that the OEM Director, Buzz Baldanza is the only person with the ability to activate the sirens. He wants the fire chiefs and captains to have the ability to do that. Council President Irace explained that the grant was for OEM. Mr. Poerio stated he had met with Buzz and asked him to create a protocol that would allow multiple individuals to access the sirens. Councilman Briskey wants whoever the officer in charge is to have the capability to sound the siren. His main concerns are the senior building and the two schools. Councilwoman Kahle again raised the question why the pagers weren t working. Councilman Briskey stated it was because the control went to the County. There was additional discussion regarding inter-department communications. Council President Irace called the sirens archaic. He disagreed with allowing access to several people. Councilman Briskey asked again for a report on why the Blackberry Bay siren didn t work. He stated the Borough has not fulfilled the grant. He has asked for a copy of the grant through an OPRA request, which he never received. He expressed his dissatisfaction with the fact that during Sandy, hot food was available, but many people, especially seniors, weren t aware of it. Councilman Patti commented that there must be other systems available. He stated there must be better technology than a siren. Mayor Coffey asked if there had ever been a meeting with a County representative. Mr. Poerio stated 3

5 he suggested a meeting with Shaun Golden to try to address these issues. Councilman Briskey stated none of the first responders had met with County. Mayor Coffey will arrange a meeting between OEM, first aid, both firehouses, police, borough representative and a County representative to put an end to the systemic problem. Councilwoman Kahle asked for a report on the emergency services and how to assist them. Cullin Wible, 67 Wolf Hill Ave., would like a discussion on the radio frequencies between police, fire and EMS. He stated that many volunteers brought up this issue. It is a catastrophic issue waiting to face the Borough. As no one else from the public wished to be heard, Mayor Coffey closed that the public portion of the meeting. MAYOR S REPORT: Mayor Coffey distributed binders to update the Council members on the status of Ft. Monmouth. The binders included: design presentation from the Goldstein Partnership, the municipal complex concept from Roberts, budget terms and conditions, generator report, engineering reports for each building, summary appraisals for Ft. Monmouth and the former Borough Hall building. He noted subsequent to the appraisal, there was discussion between himself and FMERA regarding what the Borough is willing to pay for the property. That will be discussed in executive session. Mayor Coffey discussed the options for a municipal complex: Wolf Hill Park, Maria Gatta Park, Ft. Monmouth, E. Main St. and Myrtle Ave. After presentation to the public, it will probably be posted on the Oceanport Residents Facebook Page and the Borough website and ask for feedback. He provided a detailed outline of the pros and cons of each proposed location. Regarding affordable housing, Mayor Coffey provided a recap of the proposed affordable housing units as a result of the settlement of a builder s remedy lawsuit. The initial location was located on Pemberton Ave. Two other options were proposed: Myrtle Ave., where the current recycling yard is located, and another Borough-owned area off of Horseneck Pt. Road. After a public hearing, where residents expressed displeasure with those locations, the Borough approached the owner of the new Village Center for the possibility of placing at that location. Discussions with the owner resulted in the proposal of converting commercial space into 14 residential units with 4 units being affordable for a total of 50 residential units. Councilwoman Kahle expressed concern over the high number of residential units on E. Main St., the increased density and the impact on the Borough s emergency services and schools. In addition, she noted there will be 27 residential units at the Old Wharf Inn location and 20 units at the old Village Center. Mayor Coffey noted that there needs to be some sort of economic driver to support the commercial units. Council President Irace expressed concern about the additional 20 buildings at the old Village Center. Discussion followed regarding that application to the Planning Board and all of the units that will be added to that area. Mayor Coffey opened the meeting for public questions or comments. Cullin Wible, 67 Wolf Hill Ave., requested to comment, was recognized by the Mayor and stated the fundamental question is whether or not the E. Main St. area will be a commercial or residential district. He discussed the Planning Board s recent approval of the Master Plan Amendment, which contemplates an entire commercial zone or an entire residential zone. It was his opinion that the zoning ordinances are created by the Governing Body, who should discuss whether or not to change zoning ordinances to codify the future of the E. Main St. area as a residential area, a commercial area or both. The Council members have the authority to determine the future of this area. Mayor Coffey replied that the future is unknown and that a developer could come with a proposal and enough of an investment to warrant changing the Master Plan to allow for that development. Mr. Wible stated he believes that the Council should propose zoning changes. Mayor Coffey agreed that if the Council wants changes to the zoning ordinances, then the Council is obliged to make those changes. Mr. Wible suggested it would benefit the Borough to change any zoning changes before applications are filed with the Planning Board. He stated he posed specific questions to Clarke Caton Hintz, Borough Planner, regarding the change to an entirely residential E. Main St. area. Councilwoman Kahle suggested that the zoning 4

6 issues should be included on the next agenda for discussion. There was discussion regarding the Borough s desire to modify the Oceanport Ave. thruway. There was discussion regarding builder s remedy lawsuits, and the Borough s ability to control the look and feel of the downtown. Members of the Council discussed Ft. Monmouth property, the new Village Center and the old Village Center extensively. Roseann Letson, 37 Morris Pl., stated the commercial district was driven by Monmouth Park and Ft. Monmouth traffic. Monmouth Park declined and the Fort closed and the traffic disappeared. If the Borough Hall and Municipal Complex are installed on Ft. Monmouth, she believes the business district would shift. She suggested that the complex may encourage the current lessees of the old Village Center and new Village Center may move there as well. She stated that the builder s remedy lawsuit was constituted from her neighborhood. She discussed the details of the onset of the lawsuit and previous Councils failure to meet COAH obligations. She stated that multiple dwelling units should be contained and concentrated in the area where the seniors building is, near Kimberly Woods, in order to preserve single family neighborhoods. She stated that most condominiums eventually become rentals. Most residents do not want six story condominiums or rental units in their neighborhoods. She said let the 14 units into the new Village Complex to satisfy the lawsuit and get the State and affordable housing advocates off the Borough s back. Council President Irace then brought up the topic of Monmouth Park and that he and Mayor Coffey met with Assemblyman Declan O Scanlon to discuss how to legislatively assist and enhance Monmouth Park. He also mentioned a letter in the newspaper from a resident who commended the Borough s efforts to install a casino at the racetrack and encouraged the legislators and Freeholders to support those efforts. Freehold Curley contacted the resident directly. Freeholder Arnone also contacted Council President Irace and stated he supports Oceanport s efforts. Council President Irace stated that even if all of the other legislators support the racetrack, if Sen. President Sweeney doesn t present the bill, then it doesn t get to the floor. With the election next year, the political climate may change. Regardless, the Council will continue to strongly advocate on behalf of Monmouth Park for some sort of alternative revenue. 14 other States have joined in amicus briefs before the Supreme Court on behalf of the State of New Jersey to allow sports wagering. Congressman Pallone and Congressman LoBiondo are seeking ways to repeal the Professional Amateur Sports Protection Act (PASPA). At 8:56 p.m., Mayor Coffey requested a motion to enter Executive Session for the purposes of discussing contract negotiations, which was made by Councilman Patti and seconded by Councilman Gallo. The Clerk called roll: AYES: Briskey, Irace, Patti, Gallo, Kahle NAYS: None ABSTAIN: None ABSENT: Cooper The Clerk stated the motion carried. At 9:06 p.m., Council returned from Executive Session and the regular meeting was reopened on a motion by Councilman Patti which was seconded by Councilman Gallo and approved by Council. As there was no further business, the meeting was adjourned at 9:07 p.m. on a motion by Council President Irace seconded by Councilman Gallo and approved by Council. Respectfully submitted, JEANNE SMITH BOROUGH CLERK 5

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