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June 21, 2016

Council Meeting Minutes

Mayor Reid called the regular meeting to order at 5:00PM. Present were Councilmen, Cortes, Mayer, Migut and Santanello. Councilman Toohey arrived at 5:48PM. Councilmen Vogel was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Flag Salute & Invocation

The Municipal Clerk announced a typographical error on the May 17, 2016 Council Meeting minutes. Motion by Councilman Mayer to approve the May 17, 2016 Council meeting minutes, as revised, was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Migut, Santanello ….YEA


Mayor Reid presented a proclamation to resident Jake Bassinder, named to the Philadelphia Inquirer Academic All-Area Team, in recognition of his achievements in the sport of fencing.


Councilman Cortes addressed the curb cut request at 201 Randall – disagrees with ZO Petrillo – about 26’ between driveway and curb cut – approval at 16', centered on 2-car garage, was added as 3q.
BA/CFO Riehl: spoke about enforcement of Borough Code 3-6 at 41, 41A, 43 & 45 Inlet – authorization for Clerk to send notification of enforcement was added as 3r (Councilman Mayer: asked Clerk to follow up on status of enforcement authorized at 50 and 53 Broadway and about process, demolition cost and payment; BA/CFO Riehl: Borough would pay and seek reimbursement or put lien on the property – appropriation is needed).
BA/CFO Riehl addressed Tigger House Foundation Bike Ride through town – as many as 300 people going from Sandy Hook to Bay Head – the Seafood Festival and a coin toss are on the same day (Chief O’Hara: can’t stop people from riding through town, but suggested it shouldn’t be sanctioned) no action taken – the foundation will be encouraged to find a different route.
BA/CFO Riehl addressed Rotary request for reduction of police fees, to $250.00, for recent special event at the band shell – were charged $412.00, which she thinks is fair – electricity and water/sewer for the dunk tank were provided at no charge (Chief O’Hara: 6 officers were scheduled – event was part of the Boat Race weekend activities, which were approved prior without any fees; Attorney Riordan: they had asked for a waiver of fees – Council never voted to waive them) – approval of request for $250 fee was added as 3s.
Chief O’Hara addressed Police participation July’s Street Smart NJ Pedestrian Safety Program – literature will be distributed – no cost to the department – approval to participate was added as 3t.


Councilman Cortes: recognized employee anniversaries for July – Christie Glass 1 year, Linda Criqui 3, Joe Felita 31, Jack Johnston 11, Joe Pizza 36, John Trout 30, Brian Spader 16, Paul Mueller 18, Elaine Petrillo 29, Eric Sudia 8 and Jessica Williams 2; as Police Committee Chair, read a proclamation from the 200 Club of Ocean County NJ, who awarded PPB Recruit Thomas M. Hayes, Jr. a lifesaving award – has been ongoing police training on noise control, communication, basic SWAT, advanced handgun, mandated court security and advanced investigations – noise meters were purchased – 28 Special Officer recruits graduated on May 26th and PPB recruits won 6 out of 7 class awards, including High Academic & High Overall (Kyle Patrick), High Physical Fitness (David Marchetti), High Marksmanship & Distinguished Expert Perfect Score (Pierre Hanikeh) and Police Training Commission (Christopher Luckenbach) – police blotter items range from possession to shoplifting to simple assaults; Environmental Committee is keeping the street-ends looking great – also keeping tabs on Lake of the Lillies and checking CAFRA permits that come in; the Beautification Committee is doing great job with barrels; new informational arrows have been painted on roadways

Councilman Mayer: congratulated Mayor Reid on the Boat Race – phenomenal event (Mayor Reid: meeting with the race committee this month for next year) – asked BA/CFO Riehl to prepare a report on costs – asked for an update on Seafood Festival costs – asked about revenues (BA/CFO Riehl – parking is down; Mayor Reid: bad weather) down $68K from last year – Open Space Committee gave memo to Council regarding their meeting with the Library Association – majority of members think it’s a proper Open Space expenditure – should follow Chair Lightburn’s suggestion and talk to County Library Board – PPB pays a large amount of Library and Open Space Taxes – library has an emergency reserve – needs a capital campaign for building work and maintenance – Investors Bank grant application has not yet been filed – would like to see it filed and get some feedback (Mayor Reid: will make a call when it is) asked for library budget history from BA/CFO Riehl – Little League is also asking for funds – could be good idea for the Community Endowment or Capital Fund – sympathetic, but out of the budget cycle (library board and friends commented from the audience) –would like to think about it – there will not be a $100k appropriation tonight – would like to see the deed (Mayor Reid: won't get all the money from one basket – discussion has started – will continue – doesn't end here – agreed that Library Association will be involved in any meeting with Freeholders); asked BA/CFO Riehl about item 1d – is hesitant to pre-empt contract negotiations – asked if that has bearing on her decision (BA/CFO Riehl: no – down a person – saving $35K by hiring at bottom scale – part-time will not work with the Affordable Care Act – plan on advertising and interviewing – not filling with someone readily available – need Commercial Driver’s License); asked about items 3e and 1o (BA/CFO Riehl: tank evaluations have been done and a 100-page report filed with issues to be addressed – don't have County tax rate yet, which then has to go to the State – if we wait, bills won’t go out until September, causing cash flow problems – unfair to tax payers, who will have to pay 3rd and 4th quarters within a month of each other) – asked that 1b and 2o be carved out (Councilman Santanello – asked why taxes, due on the 1st, weren’t drawn until the 16th; BA/CFO Riehl: were in between banks – made $4K interest in May alone at the new bank – more than was made during all of last year at Ocean First).

Councilman Migut: ad hoc inspection committee to review parking west of Ocean Avenue has met 3 times (Councilman Toohey: arrived at 5:48PM) – read summary of changes in Ordinance 2016-15 – hopes for passage on introduction today.

Councilman Santanello: Recreation Committee is working hard to get the Park Program going – met with them regarding finances – some programs haven't been supporting themselves – have increased fees and expanded eligibility to tuition students – should at least break even; distributed Point Pleasant's invasive plants ordinance – asked that Council read it and give input – asked for authorization for Attorney Riordan to draft a similar ordinance for next meeting (no objection – Councilman Toohey suggested work on the definitions) – authorization was added as item 3u (Councilman Migut stepped out briefly); was appointed as liaison to the Parking Authority which does a good job with little money – concerned about money spent on attorneys, auditors and engineers – would rather spend it on maintenance – need to look into; a resident was almost hit by a speeding car at McLean and Woodland – asked about getting an officer there (Chief O’Hara: can get periodic patrols there – 90% of violators have been found to be District 1 residents); traffic signal at the corner of Bay and Trenton is malfunctioning – County is looking into it (Councilman Toohey: police presence on Memorial Day was outstanding); he and the Mayor are meeting with JCP&L tomorrow to address concerns about poor Ocean Ave lighting.

Mayor Reid: met with Engineer Savacool regarding Ocean Ave lighting – have suggestions for the County and is meeting with JCP&L – invited Councilman Cortes; will have 2 trolleys, paid for by businesses, starting July 1st – one 7-days/week and one on weekends only – thanked Carol Vaccaro and the Chamber of Commerce; mobile APP is being worked on – Attorney Riordan has finalized the contract – should be up by July; thanked BA/CFO Riehl, Anne Lightburn, Peter Renner and the rest of the Shade Tree Commission for downtown tree work – businesses are happy with it; cell tower is not what was expected – big and ugly – residents are upset – met with AT&T & told them where he stands – they are looking for a new location, as it is needed for District 4 and for the boats.

Administrator Riehl: no report

The Municipal Clerk announced additions and revisions to the agenda.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 6:00PM.

Anna McNamara, Library Board Members & Friends of the Library: disappointed that Open Space funds are not being considered at this time – noted discrepancies on the Open Space
Committee’s minutes – asked Council to reconsider – BA/CFO Riehl has all the information – grateful for any help – still holding usual fundraisers and applying for other grants – knows Open Space is not the only option, but would like some of that money assigned to the library.
Dave Cavagnaro, PPB: asked if approval of Martell’s ABC license includes placing tables on the Boardwalk – there is not supposed to be a fence around the tables; said Ordinance 2016-13 is offensive to residents and taxpayers – not fair to presume everyone has a computer, cell phone or knowledge of technology – asked Council to vote against it; asked about 3v – thanked Council for letting neighbors know about religious services at the band shell – the music bothers him; Ordinance 2016-15 should not be introduced at a 5PM meeting – objected to removal of 2 lots mentioned in the Master Plan.
Don Zimmerman, PPB: favors Ordinance 2016-15 – need more parking.
Anne Lightburn, Open Space Committee: corrected Ms. McNamara’s comments on the Open Space memo – when a vote is taken or recommendation made, a memo is circulated to the committee; opposes Ordinance 2016-15 and changing certain properties to full Commercial zoning – asked about conditional uses.
Marilyn Burke, PPB: asked if town makes money on ABC license renewals, why another full-time laborer is needed, about town contribution to health care, about 2j, 2q, 2u & 2v and about parking – can lose money with new lots opening up.
Bob Maloney, PPB: opposes Ordinance 2016-15, bringing commercial parking into residential neighborhoods; opposes cell tower – residents given no notice – health & safety issue.
Vince Castin, PPB: opposes cell tower; thanked Councilman Santanello for his newsletter; asked about 1e and comfort station hours – needs to open earlier; commented on Ordinance 2016-15.

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 6:41PM.

Motion by Councilman Cortes to close public participation and approve the items listed below was seconded by Councilman Migut and carried by roll call vote.
1a Approval of 2016/2017 ABC License renewals (23)
1c Approval of taxi licenses for Bay Breeze (1 vehicle/3 driver), Mantoloking (8 driver), Squan (1 driver) and Briggs (1 driver)
1d Authorization to advertise for F/T DPW laborer
1e Appointment of J. Martin as seasonal comfort station attendant
1f Approval of payment to Turbo Electric for repairs at parking lot ($3,605)
1g Approval of payment to T&M from Planning Bd, BOA & developer escrow accounts
1h Approval of payment to Devo & Assoc for monthly airtime Apr-June ($7,326)
1i Approval of payment to McNamara Screen Print & Embroidery for police uniforms ($13,794)
1l Approval of release of perf bond/waiver of maint bond to J. Vitollo for 122 & 122A Randall
1m Approval of partial release of performance bond to D. Dearborn for 310 Baltimore
1n Approval of payment to Denise Sweet from BOA escrow accounts
1o Authorization for Tax Collector to prepare and mail estimated tax bills
1p Approval of payment to seasonal laborer
1q Approval of change order to Enviroscapes to extend Lk of Lillies Shoreline Imp completion date
1r Approval of payment to Quill Corp for police office supplies ($2,674.98)
1s Authorization for A. Wilson, T&M, to act as Emergency W/S plant operator
1t Approval of payment of Payroll #11 ($264,669.16) and #12 ($278,221.07)
1u Appointment of V. Geraldi as temporary P/T building inspector
1v Approval of S/E application for Jersey Shore Free to Breathe Walk on the Boardwalk, 10/22
1w Approval of release of dewatering bond to C. Schwartz for 32 Niblick ($300)
1x Approval of payment to Earthtones for installation of 16 trees on Arnold ($5,500)
1y Approval of refund to Aggressive Contracting for water tap at 504 Forman ($2,500)
1z Approval of payment to Staples for electronic PATS tickets ($2,675)
2a Approval of partial release of performance bond to D. Dearborn for 119 Central
2b Approval of payment to State of NJ for employee & retiree health benefits ($137,009.40)
2c Approval of payment to Access Rec for two beach access mats ($4,363.50)
2d Approval of payment of annual contribution to the PPB Parking Authority ($50K)
2e Approval of payment to Selective Flood Insurance for police substation coverage ($5,426)
2f Approval of payment to Galvin Law Firm from BOA & Pl Bd escrow accounts
2g Approval of payment to This & That Uniforms for SLEO uniforms/supplies ($10,246)
2h Approval of payment to Harris Interact for annual maintenance contract for PD ($7,344.14)
2i Approval of payment to Pitney Bowes for prepaid postage ($5,500)
2j Approval of salary adjustment for J. Johnston for passage of courses leading to certification
2k Authorization to accept authorization to participate in the State Local Co-Op Housing Insp Prog
2l Approval of Recreation Park Program registration fees & salaries
2n Approval of PO to R.T. Davies for Pleasure Park/Little League/Womans Club trees ($5,260)
2p Authorization to renew membership in OC JIF for 2017-2019
2q Approval of PO to SHI for Spillman hardware/software for police dept ($199,655.49)
2r Approval of payment to DEVO & Assoc for parking meter parts ($4,472.76)
2s Approval of payment to Riggins, Inc for DPW gasoline & diesel fuel ($17,555.41)
2t Approval of partial payment to Aurora Environmental for vehicle washing facility ($40K)
2u Approval of PO to Riggins, Inc for additional fuel encumberance ($99,155.02)
2v Approval of annual NJLOM stipend increase for Governing Body members
2w Approval of payment to Wallace for lawsuit settlement ($68K)
2x Approval of payment to Cherry Valley Tractor Sales for DPW utility vehicle ($10,697.88)
2y Approval of PO to F&C Auto Supply for additional auto parts encumberance ($6K)
2z Approval of payment to Eagle Point Gun for 2016 ammunition & supplies ($14,788.17)
3a Approval of payment to This & That Uniforms for 32 bike pants for police dept ($2,880)
3b Approval of payment to Tennant Sales & Service for sweeper parts ($3,832)
3c Approval of payment to Mitch Winter from BOA escrow account
3d Approval of payment to Lasting Line Painting for road painting throughout town ($19,986.50)
3e Approval of payment to Mumford-Bjorkman for water tank evaluation ($10,700)
3f Approval of W/S adjustments (13)
3g Approval of payment to Major Police Supply for police emergency lights/sirens ($5,887.33)
3h Approval of PO to Atlantic Tactical for 6 police vests ($6,184.20)
3i Authorization to execute 2017 Energy Supplier Service Agreement w/Tri Eagle & CUC
3j Approval of PO to This & That Uniforms for add’l SLEO uniform/supply encumberance ($3K)
3k Appointment of Recreation Park Program directors & counselors
3l Approval of payment to the Bd of Ed for July allocation & debt service ($1,538,978)
3m Authorization to hire A. Lamarr as seasonal DPW laborer
3n Appointment of Morgan Montano, Citta, Holzapfel & Zabarsky, Alt Municipal Prosecutor
3o Approval of S/E application for PPB Rec Cmte/Summertime Surf surfing lessons, 6/27-7/1 at Maryland Ave Beach
3p Approval of S/E application for NJ Operation Lifesaver Rail Safety Presentation on Bdwk, 7/6
3q Approval of curb cut request at 201 Randall Avenue – 16’, centered on 2-car garage – ADDED PER DEPT HEAD MEMOS/DISCUSSIONS
3r Authorization for Clerk to send letter enforcing Borough Code 3-6 to 41, 41A, 43 & 45 Inlet Dr – ADDED PER DEPT HEAD MEMOS/DISCUSSIONS
3s Approval of reduced police fees, in the amount of $250 for Rotary 90th Anniv event on 5/21 – ADDED PER DEPT HEAD MEMOS/DISCUSSIONS
3t Authorization for police to participate in Street Smart NJ Pedestrian Safety Program in July – ADDED PER DEPT HEAD MEMOS/DISCUSSIONS
3u Authorization for Borough Atty to draft invasive plants ordinance – ADDED PER CMTE RPTS
3v Approval of Calvary Chapel use of band shell on various dates through 9/4 – ADDED BY CLERK
4a Approval of PO to Allcom Technologies for vehicular chargers for Fire Company No 1 ($2,592)
4b Approval of computer-generated vouchers ($473,840.88)
VOTE: Councilmen Cortes, Mayer, Toohey, Migut (except item 4a), Santanello….YEA
Councilman Migut (item 4a)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 4b with which Council has conflicts.

Councilman Mayer: asked Chief why the Police Dept is not buying a less expensive sedan instead of an SUV (Chief O’Hara: all-wheel drive – better in flooding – more room for equipment – more useful to PPB's needs – mostly stop and go, as opposed to highway driving – most popular vehicle nationwide – was discussed with Police Committee – saving $5K on a demo and can get it right away; Councilman Cortes: from his handyman travels all over the East, all shore towns are going to these SUVs for reasons the Chief noted – Chief was budgeted $20K last year and $20K this year – getting for $36K).
Motion by Councilman Cortes to approve RESOLUTION 5: Approval of PO to Winner Ford for police interceptor vehicle ($36K) was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Cortes, Toohey, Migut, Santanello….YEA
Councilman Mayer….NAY

Councilman Mayer: benefits exceed cost of salary in Resolution 6 – suggested going back to 2 part-timers for more hours – doesn't understand how this fits with Shared Services Agreement (BA/CFO Riehl: overtime costs are out of control – gave analysis and explained AOC's/Judge Liguori's recommendations – work is suffering for lack of staff; Councilman Cortes: if docket runs too long, Court Administrator McCrystal loses her part-timer at the end of the week, as she must stay within her hours – workload is suffering on both ends).
Motion by Councilman Migut to approve RESOLUTION 6: Appointment of C. Bradley from P/T clerk to F/T violation clerk was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Cortes, Toohey, Migut….YEA
Councilmen Mayer & Santanello….NAY


Ordinance 2016-12 (Amend Borough Code to Revise Noise Violation Fine) was introduced on first reading. Motion by Councilman Migut to approved Ordinance 2016-12 on first reading was seconded by Councilman Santanello and carried by roll call vote. The second reading/public hearing will be held on July 19, 2016.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2016-13 (Amend Borough Code to Remove Requirement to Publish Special Event Maps in Newspaper) was introduced on first reading.
Councilman Mayer: objects to removing notice to Police & First Aid (Councilman Migut will speak with Attorney Riordan about requiring a press release, with route, on second reading; Councilman Toohey: concerned about the impetus for the change – should not be done out of spite; Councilman Cortes: map might be difficult – perhaps just a route).
Motion by Councilman Migut to TABLE Ordinance 2016-13 was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2016-14 (Multi-Purpose Bond) was introduced on first reading. Motion by Councilman Mayer to approved Ordinance 2016-14 on first reading was seconded by Councilman Santanello and carried by roll call vote. The second reading/public hearing will be held on July 19, 2016.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2016-15 (Amend Borough Code Chapter XIX, Sections 7, 8, 9, 11, & 13 to Permit Additional Parking West of Ocean Ave) was introduced on first reading.
Councilman Migut: Resort Commercial (RC) Zone is the main economic engine of the town and should be properly maintained and lubricated for efficient functioning – by keeping people in the zone, they are easier to police, which is a plus for quality of life issues – since Sandy, have lost 60 on-street parking spaces, due to new curb cuts needed for rebuilding, will lose more as redevelopment continues and must make up for loss of parking to keep RC business viable – not a drastic change – 2015 Master Plan Re-examination recognizes that PPB, as far back as 2007, suffers from an extreme shortage of parking during summer, most critically along the oceanfront by the amusement area and existing parking areas are overcrowded – this is a benefit to residents, summer guests and businesses.
Councilman Santanello: important to have parking on Ocean Ave – per Assessor Millman and Commercial Appraiser Mancini, would not lose tax money on an RC property, as a commercial buyer would likely pay a premium and it would be subject to mercantile license – offended by Mr. Cavagnaro's “Ocean Star” letter, accusing Council of playing backroom games and questioning his character.
Councilman Toohey: committee involved with this ordinance has done a nice job – it's difficult to get valid input from residents because of misinformation – have a public relations issue – it's a good idea – asked that Engineer Savacool & Assessor Millman be available for explanation on second reading.
Councilman Mayer: thanked Councilman Migut – not concerned with the RC zone conversion, but with the provision that any restaurant, retail or day fishing business, containing an existing parking lot which abuts Ocean Ave or Inlet Dr, may establish a public parking area – concern is that hotels can’t do this – would assume a hotel is not retail – suggested it be limited to north of Arnold and to restaurant or day fishing business.
Councilman Cortes: thanked Councilman Migut for his hard work – he and Councilman Santanello looked at properties and got resident feedback – a good thing that's been miscommunicated.
Motion by Councilman Migut to approve Ordinance 2016-15 on first reading was seconded by Councilman Santanello and carried by roll call vote. The second reading/public hearing will be held on July 19, 2016.
VOTE: Councilmen Cortes, Mayer, Migut, Santanello….YEA
Councilman Toohey….ABSTAIN

Ordinance 2016-16 (Water/Sewer Utility Bond) was introduced on first reading. Motion by Councilman Mayer to approve Ordinance 2016-16 on first reading was seconded by Councilman Santanello and carried by roll call vote. The second reading/public hearing will be held on July 19, 2016.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 7:09PM

Dave Cavagnaro, PPB: addressed an “Ocean Star” notice that Risden’s is applying for another permit – residents are invited to comment (Mayor Reid: asked BA/CFO Riehl to write a letter objecting to removal of the dune there; no objection); asked the duration of the cell tower agreement; regarding vacant vs residential land assessment – all lots were assessed lower.
Vince Castin, PPB: asked about 2w.

PUBLIC PARTICIPATION PERIOD (meeting and non-agenda items) ENDED AT 7:15PM

Motion to adjourn by Councilman Cortes was seconded by Councilman Migut and carried by consent of Council. Meeting was adjourned at 7:15PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published July20, 2016 | Council Minutes | 2364

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