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October 18, 2016

Council Meeting Minutes

Mayor Reid called the meeting to order at 7:32PM. Present were Councilmen Vogel, Cortes, Mayer, Toohey, Migut and Santanello. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Flag Salute & Invocation

Motion by Councilman Toohey to approve the October 4, 2016 Council meeting minutes was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Mayor Reid: presented a proclamation, in honor of Friends of the Library Week, to Point Pleasant Beach Branch Manager, Matt Willbergh.,
Clerk added items to the agenda.

Mayor Reid: spoke about possibly scaling back parking meters to be in effect until October 1st, rather than the 31st, on certain streets for businesses whose patrons get tickets [BA/CFO Riehl: gave October town-wide parking revenues for 2012 ($40,968.00) through 2015 ($12,759.06)]; doesn’t know if it’s fair to scale back in one area only; Attorney Riordan: no discrimination issue – whether it’s fair is up to you – he can easily change the ordinance, but there are practical problems to changing the programing and signage; Councilman Cortes: asked if one County road can be changed and not others; Attorney Riordan: yes; Councilman Toohey: will receive similar arguments from others whose patrons park in a metered spot; BA/CFO Riehl: reminded Council that Channel Dr and the Inlet lot are also metered; Councilman Mayer: the new meter in front of Daniels is not working – not a lot of meter revenue between Boston and Baltimore; Councilman Vogel: asked BA/CFO Riehl for a revenue report, by machine – suggested no metered parking after a certain hour) good conversation – will think about it – NO ACTION.

Councilman Santanello: discussed the Parking Authority (PA) assessment suggested by the Best Practices Worksheet; [BA/CFO Riehl: a question on the Best Practices Worksheet relates to governing bodies discussing the economic benefit of authorities – have been no public discussions and the Borough has been purchasing, maintaining and operating the machines – meters went from being everywhere to small locations only – used to do a cost share with the PA, then revenue split went to a flat fee, then to nothing to the PA – in the past few years, have been giving them a flat $50K to continue operations – a PA used to be required to use the Parking Authority Ticketing System (PATS)] – per the State Courts Department, a PA is no longer required for PATS – can switch to a Parking Agency – PA was established to promote public safety, convenience and welfare – it’s purpose was to develop and acquire parking lots, rehab, improve, maintain and operate them and take care of meters and devices at parking facilities – PA no longer does that, BA/CFO Riehl does – if PPB switches to a Parking Agency, the director of that agency would take a lot of that work from her – PA owns lots on Laurel, Cramer, 2 off of Bay and Arnold and the Borden’s lot – distributed copies of 2015 and 2016 PA appropriations – salaries and wages would remain the same with an agency, but would save on accounting, legal, insurance, advertising and engineering – biggest saving area is lot maintenance, as DPW could do some of that – wouldn’t save on snow removal, as there is a science to plowing a parking lot and would continue to use Clean Cuts – could save about half, or $15K, which won't affect the 2% cap (Councilman Mayer: Best Practices Worksheet says Council, at least annually, shall assess the authority and publicly discuss their findings and conclusions as to whether they continue to serve the public interest and are more efficient than other potential alternatives – thinks the concept of an agency could confuse people and would create another division or department in the municipal government) invited representatives of the PA to speak, noting they have done a great job with the very little amount of money the Borough gives them.
Paul Bonsper, PA Chairman: could save with an agency, but he views the PA as the watchdogs for the downtown, ensuring all that needs to be done is done correctly – they are in contact with Clean Cuts at all hours – questioned if the Borough would have someone watching over spending or if more money would actually be spent – have done their best to save money and are down to a minimum – they are audited – spent an extra $17K last year on lot repairs and had to cut back on others (Councilman Mayer: per the last audit, the PA spent $75K and has a declining surplus; Councilman Santanello: also had a lot of snow – spoke about bringing meters back downtown; Councilman Santanello: that's not Council's intention – asked if there can be a deed covenant to prevent paid parking downtown; Attorney Riordan: pointless – can’t tie the hands of future councils) would drive downtown employees to park in residential areas (all agreed that would not be good for business or the economy; Councilman Vogel: asked if anyone else is being paid through the PA and the rate) only PA Secretary Mills – would probably end up being a wash because an agency director would have to be hired (BA/CFO Riehl: years ago, meter shop employees worked for the Borough and we were reimbursed by the PA until they ran out of money; Councilman Cortes: there is a need for striping by Rudy's and ivy trimming at the lot by Bay Ave) there is a big sink hole by the lot between the Post Office and park (Councilman Toohey: accounting, engineering, insurance and advertising expenses wouldn't go away; Councilman Santanello: accounting would; Councilman Vogel: asked if the Borough’s audit charge would stay the same (BA/CFO Riehl: believes it would) would still have to pay JCP&L bill.
Ray Bogan, PA Attorney: hopes the Borough Attorney would not have to do the work, done by the PA Attorney, for free – also hopes the PA’s Engineer would continue to be paid for his extra hours – PA members currently have administrative authority, so administrative costs would probably not be saved (Councilman Santanello: thinks agency director would handle a lot of that; Councilman Mayer: questioned the PA’s attorney’s and engineer’s hourly rates) PA has a good chain of authority and is extraordinarily efficient (Councilman Vogel: asked about long-range maintenance and upkeep plans; Councilman Santanello: would be a bonding issue – whether done by the PA or the Borough (Mr. Bonsper: Railroad lot needs to be done, as well as small maintenance on some of the other lots) – NO ACTION.

Councilman Cortes; discussed the request for a 13’ curb cut at 116 Cornell Ave – agrees with ZO Petrillo – won't lose any parking (Councilman Toohey: requested it be centered on the 18’ driveway) – ADDED, WITH CONDITION, AS 1U.
BA/CFO Riehl: spoke about GDS Mechanical’s request for noise ordinance relief, until 11PM, at PPBHS (Councilman Cortes: it’s absurd – they want to put in 8 hours after school ends at 3PM; Mayor Reid: not good – asked BA/CFO Riehl for suggestion; BA/CFO Riehl: 8PM or 9PM at the latest; Mayor Reid: lights will bother the neighbors; Councilman Toohey: the roof is leaking, duct work had to be ripped out – apologized to Forman Ave residents, but students are having their day disrupted – must give relief; Councilman Vogel: there is masonry work too; Mayor Reid: asked when they'll be done, with relief) December (Attorney Riordan: asked if anyone spoke to the Bd of Ed) no – the contractor (Mayor Reid: should do so – want to help them get it done and get out of there – was supposed to be done by September 7th – APPROVAL UNTIL 8PM ADDED AS 1V.


Councilman Vogel: Chamber Fall Fest is October 29th – downtown shops will open 11AM-8PM, with promotions, trying to recoup momentum after the Seafood Festival – also looking at activities in early May; light at the park’s main basketball court is not working; water system discussions continue; Shade Tree had new trees planted downtown; water pooling by the church and St Louis continues.

Councilman Cortes: Police administration and School Resource Officer met with the School District Administration about security – ongoing training includes firearms, use of force, vehicular pursuit and SWAT – Sgt Duffy and Officer Siculietano were recognized by Kimball Psychiatric Evaluation Screening Services for their patience and compassion with a patient (Councilman Toohey: as a resident, is thankful the situation on Niblick St last Sunday was handled incredibly professionally by Sgt Goessel and Officer Mosca); Beautification Committee is getting ready to put up decorations – Chamber put up corn stalks – he will use Borough bucket truck to put up 3 swags; drove by Lake Ave to see the sink hole – it’s big (BA/CFO Riehl: still haven’t figured out where the water is coming from – have sent notices to local contractors to solicit quotes – trying to verify if it’s tied in with the lake’s infrastructure); drove by the Randall Ave lot – stakes are out for property marks – spoke to Councilman Toohey – will have discussions on that before putting up fences.

Councilman Mayer: received the LOSAP (Length of Service Program) financial review – asked BA/CFO Riehl to explain (BA/CFO Riehl: a program for Fire and First Aid members – enacted by ordinance in 2003 – maximum of $1K/individual who meets the required number of service calls in a calendar year – generally, $49-52K is budgeted/year, based on annual reports from each organization – money is sent to an interest-bearing VALIC account until ready to be withdrawn; Councilman Vogel: it’s a retention and recruitment tool – a 401K-type contribution – those who qualify can allocate where money goes – provided by State statute and voter-approved by referendum); asked BA/CFO Riehl to help with an RFP for an Insurance Consultant – health, property, liability, flood; item 1n is another bill in connection with the storm – BA/CFO Riehl is following up with the State – bills are not very specific – doesn't know what level of detail FEMA will require – accruing liability on the promise of reimbursement – have little assurance that it will happen (Attorney Riordan: have it in writing – people responsible for paying the bills chose the vendor, who is providing services) – in about $404K – been 3 years – haven't seen a dime – asked Attorney Riordan to work with BA/CFO Riehl on a strong letter – it’s draining cash flow – wonders if Sterling DiSanto should get pre-clearance, going forward (Attorney Riordan: have asked DEP to review invoices in the past, as there have been questions – not routinely rubber-stamped; Mayor Reid: asked about the payment schedule; Attorney Riordan: unclear – having difficulty pinning down the State – will probably begin to think about it when the project is under construction; Councilman Toohey: money is being appropriated by Congress); asked where 1s is being charged (BA/CFO Riehl: Open Space).

Councilman Toohey: he and the Borough Attorney have discussed how to address the situation on Carter Ave, with a gentleman running a business out of his house – concerned about those, who work hard to stay in this community and leave their trucks in front of their houses when they come home for dinner (Mayor Reid: that’s not this issue – it’s the guy who is bringing 5 or 6 very large trucks to and from his house every morning and night; Attorney Riordan: not allowed to operate a business, unless registered as a home occupation – and, even when registered, not allowed to do the types of things this gentleman has been doing – he failed to register and continued to disrupt the neighborhood, so he was issued summonses, was convicted in Municipal Court and has filed an appeal to Superior Court – is optimistic that the Municipal Court Judge’s decision will be sustained – original idea was no construction vehicles of any kind in front of houses – Code suggested limiting vehicles and times of day – trying to find something in the middle that will address residents’ concerns, be consistent with current ordinances and not burden the working folks) tonnage is a clean delineation, but he would be concerned about enforcement (Chief O’Hara: weight is tied to registration – if a complaint about a vehicle is received, can run the license plate to see what class it’s registered at; Mayor Reid: have to come down with a hammer on this; Councilman Vogel: he is already ignoring existing ordinances; Attorney Riordan: can keep issuing summonses and fine him daily – asked the Chief if he has violated weight restrictions; Chief O’Hara: probably – don’t always get a call until after the fact – neighbors complain about employees entering the house – when Police get there they say they are just friends – difficult to prove – must eliminate the gray areas; Attorney Riordan: will draft an ordinance for the next meeting).

Councilman Migut: reiterated the details of the Animal Welfare Committee fundraiser on November 12th, (Councilman Toohey: stepped out 8:37-8:41PM); there will be a November Planning Board meeting – one application filed – doesn’t have details yet; Inspections Committee, consisting of he and Councilmen Vogel and Santanello, met about proposed development ordinances – will meet again next week with ZO Petrillo and Engineer Savacool – some changes include allowing siding to to grade level, requiring an extended concrete apron for stone driveways and increasing registration fee for private parking lots from $6 to $10/space; Floodplain Management Committee will meet to readopt the Floodplain Management Plan done last year – benefits of all residents in keeping flood insurance rates low (Attorney Riordan would like to be included in meetings; Councilman Vogel: not yet at that point).
Councilman Santanello: noted the passing of former Fire Chief, Bruce Ferguson, this morning; is meeting with the Recreation Basketball Director on Thursday about whether he will continue as Director or a referee, going forward; one of the Little League coaches, a contractor, will work on the building and side it red & white or white & red (Mayor Reid: must be garnet); asked BA/CFO Riehl if any other quotes were received for the tennis court (BA/CFO Riehl: no).

Mayor Reid: complimented and thanked the Chief and workforce behind the cancer walk – was very touched – a very nice time – lot of unbelievable stories – everyone felt and was safe; he and BA/CFO Riehl have been talking with the Chamber about the half-dead Christmas tree on Bay Ave – someone is donating a replacement – still working on it (Councilman Vogel: asked BA/CFO Riehl to e-mail Shade Tree about removal; BA/CFO Riehl: she did 1½ weeks ago and has not heard back) knows, from when he was liaison, they do not mind it coming down (Councilman Migut: stepped out briefly).

BA/CFO Riehl: no report

PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) BEGAN AT 8:44PM.

Vince Castin, PPB: spoke about 1l.
PUBLIC PARTICIPATION (Agenda Items & Ordinances on 1st Reading) ENDED AT 8:46PM.

Motion by Councilman Vogel to close public participation and approve the items listed below was seconded by Councilman Migut and carried by roll call vote.
1a Authorization for police to acquire back packs from LESO Surplus Program ($0)
1b Approval of payment to FSD Enterprises for wireless telecommunication services ($24,850)
1c Approval of PO to Sensus Metering Systems for 6 water meters ($2,874)
1d Approval of PO to NJ Business Syst for town-wide camera upgrade & restroom security ($14,995)
1e Approval of PO to Stalker Radar for antenna radar systems for the PD ($6,151)
1f Approval of payment to T&M Assoc from BOA, Planning Bd & Developer escrow accounts
1g Approval of payment to Pitney Bowes for pre-paid postage ($2,500)
1h Approval of payment of Payroll #21 ($249,111.14)
1i Approval of payment to the NJ DCA for 3rd quarter training fees ($5,329)
1j Appointment of Carmine Villani as Conflict Public Defender
1k Approval of payment to Denise Sweet from BOA escrow accounts
1l Approval of payment to Barlo & Assoc for bath house contract services ($3,780)
1m Authorization to execute revised 2017-2019 CDBG Cooperative Agreement
1n Approval of payment to Sterling DiSanto & Assoc for ACE storm damage project, 3rd Q ($9,212.50)
1o Authorization to execute Prosecutor Expert Callout & DWI shared service agreements
1p Approval of payment to Chamber of Commerce for Christmas decorations ($2,500)
1q Approval of payment to Riggins, Inc for gas & diesel fuel for DPW ($9,002.73)
1r Approval of PO to Winner Ford for 2017 Transit Wagon for PD ($27,544)
1s Approval of PO to Whirl Const for Bocce court install ($4,570) – ADDED AT MTG
1t Authorization to advertise for a P/T Building Inspector – ADDED AT MTG
1u Approval of curb cut at 116 Cornell Ave, conditioned upon it being centered on driveway – ADDED PER DH MEMOS
1v Approval of relief of noise ordinance until 8PM for GDS Mechanical for work at PPBHS – ADDED PER DH MEMOS
2a Approval of payment to Fire & Safety Svcs for vehicle maintenance for Fire Co No 2 ($6,879.83)
2b Approval of payment of hand checks ($278,229.32)
2c Approval of payment of computer-generated vouchers ($109,161.20)
VOTE: Councilmen Vogel (except 2a), Cortes, Mayer Toohey (except 1v), Migut (except 2a), Santanello….YEA
Councilmen Vogel (2a), Toohey (1v), Migut (2a)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 2b & 2c with which Council has conflicts.

Councilman Toohey: asked that another member of the administration reach out to PPBHS about 1v (Councilman Vogel: he is the other School Liaison).

PUBLIC PARTICIPATION PERIOD (meeting & non-agenda items) BEGAN AT 8:47PM

Frederick Niemann, Attorney for the Boylan, Grillo, Jakeway & (inaudible) families – State is looking to file eminent domains along the beachfront – requested permission to ask hypothetical liability questions of the Borough’s insurance consultant – would also like to look at the dune reference map (Attorney Riordan: advised Council not to discuss, as this is in litigation – agent can't give a definitive answer – Council shouldn’t allow anyone to talk to the agent – homeowners should speak to their own insurance companies and counsel; BA/CFO Riehl: will have the dune reference map reproduced for him).
Dave Cavagnaro, PPB: echoed Councilman Toohey's compliments to the Police on the Lake Terrace incident – people were rowdy and aggressive – Police did an exceptional job and exercised restraint; questioned revenues; opposes scaling back on meters; asked what Cancer Society paid to use lot for recent walk; First Aid’s 5K route is not detailed in the newspaper – asked what action would be taken.
Vincent Castin, PPB: requested $473 permit fee for duct work be returned to the VFW; suggested contractor work weekends rather than until 8PM on weekdays at PPBHS.
Mayor Reid: asked about Inlet and Broadway demo properties (BA/CFO Riehl: getting bid specs).

PUBLIC PARTICIPATION PERIOD (meeting and non-agenda items) ENDED AT 9:14PM

Motion to adjourn by Councilman Migut was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 9:14PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published November01, 2016 | Council Minutes | 2427

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