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December 6, 2016

Council Meeting Minutes

Mayor Reid called the meeting to order at 7:30PM. 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

Councilman Mayer, referencing the November 1, 2016 Council meeting minutes: thanked Councilman Cortes for hanging the holiday swags; reminded BA/CFO Riehl about DEP reimbursement for dune surveys and appraisals, as $404K has been amassed (BA/CFO Riehl: per the Bureau of Coastal Engineering, there will be no reimbursement until the agreement, which is in legal review, is signed by all parties) should ask Attorney Riordan to contact them and maybe bring in DLGS; estimated sinkhole bill was light (BA/CFO Riehl: a second excavation found the second water main leak).
Motion by Councilman Mayer to approve the November 1, 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 announced that Peter Renner could not attend to accept his proclamation and that resident Vince Castin would speak in honor of National Pearl Harbor Remembrance Day.
Vince Castin: recounted the events of the attack on December 7, 1941 – 75 years ago.


Councilman Cortes addressed curb cut requests at 55 Harvard, 211 New York, 311 Carter, 217 Philadelphia and 111 Central – will probably lose a space at 311 Carter – agrees with ZO Petrillo’s assessments – 111 Central has a detached garage, which will come down or become an oversized shed, as house is being raised with 2-car garage underneath (Attorney Riordan: should be reduced to writing as a condition of approval – more info is needed) – all but 111 Central added for approval as Resolution 2Q.
BA/CFO Riehl addressed NJDOT 2017 State Aid Program – should, at minimum, apply for a Municipal Aid Grant and select from Borough’s road list – submission deadline is February (Councilman Toohey: thanked BA/CFO Riehl for maintaining the list) – no action taken.
BA/CFO Riehl addressed request for a waiver of sewer tap permit fee at 117 Arnold – suffered back-up after neighbor's cut and cap – ordinance mandates that each home have individual service to the main – owner was advised – have waived tapping fee only once in last 5 years, for the Perl family, for whom everyone waived fees – other impacted neighbor did not request a waiver (Councilman Mayer: compelling, sad story) there is no provision in the ordinance to allow a waiver (Councilman Santanello: afraid of setting precedence) decision was made after Sandy not to waive fees – no action taken.
Mayor Reid: would like to honor VFW’s request for waiver of building permit fees, as the VFW does much for the town and children – asked Attorney Riordan about legality (Attorney Riordan: per statute, municipality can give money only to volunteer fire and first aid companies, not charities – wouldn’t be giving VFW money from taxes and the Governing Body is empowered to waive fees imposed by ordinance, so law does not prohibit this; Councilman Toohey: asked if this would be a waiver or reimbursement of fees already collected; Attorney Riordan: can retroactively waive; Councilman Mayer: sympathetic but concerned it will open door to others – better practice would be to establish a policy for all not-for-profits – there is a Borough expense in connection with these services – some of these fees are DCA fees; Councilman Vogel: in other circumstances only the municipal portion is waived; Councilman Santanello: asked if this sets precedence for other 501c3's; Councilman Vogel: fees are waived at the Governing Body’s discretion now; Attorney Riordan: unfettered discretion is not a good idea – objective criteria would be better – there is no legal precedent – have shown consistency) it’s a 501c3 – government is not in business of making money – are here to help (Councilman Vogel: fees are not arbitrary – are based on workload) – waiver of municipal portion of 2016 fees was added as Resolution 2R.
Mayor Reid: discussed Open Space donation to the Little Red Library – Investors Bank was supposed to provide him today with an amount that they would give – $100K is budgeted for the library to be whole – if Investors Bank gives that much, there is no need for discussion – wants all to be prepared to vote on picking up the difference (Attorney Riordan: Open Space statute describes how to spend Open Space funds on historical structures – can’t spend General funds on the library, only Open Space funds – need to vote on it) gentleman from DEP wrote a memo about Open Space money – doesn't know how DEP got into Borough’s discussion – DEP says the library is not an historical building, but a previous study says it is – all criteria is taken care of – asked for Council's commitment (Councilman Mayer: asked if Attorney Riordan opines that the expense is appropriate; Attorney Riordan: yes – it appears the library meets the definition of an historical structure; Councilman Vogel: asked about implications for accepting Green Acres money; Attorney Riordan: there will be restrictions, based on Green Acres funding and the Open Space statute – couldn’t close to members of public or sell the building without DEP approval – will probably go on the ROSI – money can be used to preserve historic structures – not clear on the restrictions on historical structures that the Borough does not own; Councilman Mayer: asked if a Provident Bank grant was pursued BA/CFO Riehl: passed their contact information to library association – doesn't know if they applied) not committing yet – will see what Investors and the County can do – no action taken.
Councilman Santanello: had given a report to BA/CFO Riehl and the Finance Committee about keeping or dissolving the Parking Authority, as there is no further need for construction, acquisition, sale, rent, etc. – dissolving it could provide cost savings – reiterated comments from previous meeting – State says the Borough can switch to a Parking Agency and keep the PATS ticketing system – an Authority serves no need that can't be handled by other means – requires permission from the Local Finance Board – asked Councilman Mayer what is needed tonight (Councilman Mayer: suggested authorizing the Attorney to draft ordinances for introduction next year, which dissolve the Parking Authority and create a Parking Agency which includes a Citizens Advisory Board, and authorizing BA/CFO Riehl to make application to the Local Finance Board for dissolution; Councilman Migut: opposes this – volunteers, including a downtown businessman and head of the County Road Dept can do a better job than putting the burden on Borough professionals) an Authority doesn’t serve the public interest – can save $10-15K/year – a cost savings and best practices issue (Councilman Toohey: Borough’s public interest might not be same as the rest of the State’s, as the Borough has a unique character – questions if the potential loss of efficiency is the worth the cost savings; Councilman Mayer: it’s a duplication of public services – better government to dissolve – suggested a Citizens Parking Advisory Committee – makes long-range sense; Councilman Toohey: concerned about loss of overall service; Councilman Mayer: they have no revenue nor debt – anything they need would come into our Capital Ordinance) snow plowing and landscaping would be handled by the same people – Authority members are split – current Chairman, Paul Bonsper can service on the Citizen Advisory Committee (Councilman Mayer: Committee can report to the BA/CFO or Agency; Attorney Riordan: any and all committees must be created by ordinance; Councilman Vogel: asked how people and services would transition into 2017) contracts would succeed to the Borough (BA/CFO Riehl: they are under the bid threshold) – added as Resolution 4.
Mayor Reid: addressed municipal architectural services quoted by Aquatecture – would like to know police needs (Councilman Cortes: can look at existing space and negotiate with Comcast to provide fiber link to the Command Center, etc.; Councilman Toohey: have substandard facilities – Police Committee will meet with Aquatecture to discuss scope of work; BA/CFO Riehl: explained the $14K quote, previously held from the agenda – would like approval of funds, not to exceed $10K) – added as Resolution 2S.


Councilman Vogel: wants to ensure, on the Borough holiday schedule, that trash & recycling does not go more than 2 weeks (Attorney Riordan: part of the union contract – must be negotiated); JCP&L equipment trailer is taking up 2 spots in the Borden’s lot (Mayor Reid: will text John Meehan at JCP&L); received an e-mail from Shade Tree regarding tree removal at Brave New World and compliance with bond issue – suggested discussion at next meeting – Commission is looking for performance, not money; Attorney Riordan: has provided legal advice to the Commission – not best to describe – should be handled with Brave New World, consistent with his legal advice).

Councilman Cortes: acknowledged December employee anniversaries – Craig Enz 1 year, Fred Millman 3, William Crate 21, Ned Martin 25, Kyle Grace 19, Brian Larrison 19, Glen Purves 3; Beautification swags, wreaths, garland and stars are up; fence is up on Randall Ave – benches that were ordered are expensive, but will be anchored into the ground – Environmental Commission is looking for suitable ground cover, stone or crushed seashells, for County or Fire Dept entry – will be plantings and signage – a great place to assemble; continued police training includes the central judicial process, ABC investigation, narcotics/gangs, bail reform, radar, SWAT, incident command and all hazards logistics – canine search for suspicious package – read a Thank You letter to the Chief from Duke Clement, former High School Boosters Treasurer – described the department as professional and pleasant and complimented Officer Blauvelt; presented a 90th birthday proclamation, on the Mayor’s behalf, for resident Mary Buletza, on Saturday at the Lobster Shanty – she owns The Beach House – beautiful event with her family; thanked Mr. Castin for remembering Pearl Harbor – his uncle survived it.

Councilman Mayer: congratulated Councilmen Toohey and Vogel on their re-election; attended the League of Municipalities convention – should be starting the budget – pension numbers are in – attended an interesting seminar on drones, FCC rules and interesting privacy issues.

Councilman Toohey: invited Andrew Neithe, PPB and Craig Gordon (owner of Gordon’s Surf Shop), Point Pleasant to present their suggestions about building a skate park.
Mr. Niethe & Mr. Gordon: lot of kids are attending skate schools or going to Long Branch or Asbury Park to skateboard – suggested a skate park at Pleasure Park – would provide a great controlled activity for kids (Councilman Toohey: has been brought to his attention by other members of the community – would like to have discussions with public; Attorney Riordan: Pleasure Park is on the ROSI – would have to ask DEP – should consider places not on the ROSI; Councilman Vogel: spoke about this 15 years ago – there are options for modulars, which are probably more cost-effective; Councilman Toohey: pop-up skate parks fail, nationwide – they succeed where quality facilities are built and are protected and embraced by the community – need to hammer out and come back with a proposal – will assist in any way he can; Mayor Reid: is meeting with Avon’s Mayor this week – Avon has a winter ice rink – asked if they could envision a privately-sponsored winter playground at Little Silver Lake lot, with a rink and ramps – maybe can have a nice area there next year).

Councilman Migut: last month’s Animal Welfare Committee fundraiser was very successful; Planning Board meets tomorrow to set the 2017 agenda; Inspections Committee received ordinance revisions from ZO Petrillo – hopes to meet again before year-end.

Councilman Santanello: passed around paint samples for the Little League building – Little League would prefer to stick to gray with red trim for the same price – would have to absorb cost otherwise; Fire Companies’ meeting and party is on Friday – election and dinner is December 13th; Rec basketball starts Saturday, with expanded competition; lowest quote to refinish tennis courts is $30K – should be covered by Open Space – courts will only get worse (Councilman Toohey stepped out briefly at 8:53PM) – award of contract to Halecon for tennis court resurfacing at $30K was added as Resolution 2T.

Mayor Reid: looked through Councilman Santanello’s samples and announced the Little League building will be Autumn Red with Colonial White trim; would like to get private money for an ice rink next year; thanked all for successful food drive – fed 1,500 families – there is a toy drive at Antrim School until December 14th – will go towards Antrim and St Gregory’s Pantry; Tree Lighting was amazing – doesn't get better than small town America; need 2 more swags up next year; thanked Councilman Cortes for reading the proclamation to Mrs. Buletza; thanked all for their support.

BA/CFO Riehl: the motel on Broadway was demolished this morning and a contractor picked up the demo permits for the 3 properties on Inlet Dr – all should be demolished soon.

The Clerk announced additions/revisions to the agenda.


Vince Castin, PPB: encouraged yes vote on 2R; spoke about 2U, 2T, 2E and cell tower relocation.
Laurie Clayton, PPB Library: thanked Governing Body for support – looks forward to vote.
Anna McNamara, PPB Library: thanked Governing Body for moving forward – looking forward to talking to everyone – they have no issues with any Green Acres restrictions.
Dave Cavagnaro, PPB: congratulated Councilmen Vogel and Toohey on re-election; spoke about 1E and 2N; thanked the Governing Body for supporting Veterans and the library.
Anne Lightburn, PPB: favors bathhouse repairs – would like to have a library trust fund with Open Space money; will sit with the Mayor and Brave New World; asked if taxpayers would have to pick up some of the bulkhead costs (Attorney Riordan: advised the Shade Tree Commission to contact him before coming to an agreement with property owners; Mayor Reid: thanked her for her hard work).
Chief O'Hara: local PBA president asked him to request that 1P be tabled and Governing Body meet with their representatives in the next 2 weeks – majority of membership opposes renewal (Attorney Riordan: recommended they not meet with PBA without Counsel) – consensus to hold Resolution 1P.


Councilman Mayer: asked about term of 1N (Attorney Riordan: recommended that agreement be approved by Borough Attorney and term be 1 year), 1W – requested Real Estate Attorney be removed from RFP’s to be advertised (Councilman Toohey: stepped out briefly at 9:26PM) – been working with BA/CFO Riehl on Insurance and Employee Benefit Consultant Services – need some expertise – asked that a paragraph be added to the Engineer and Special Projects Engineer RFP’s asking, if applicant desires to be appointed to work on the water meter project, for special experience, services expected to be performed, rates for these services if they differ from others in the RFP and fee estimate for these services (Attorney Riordan: court would like 3 Conflict Public Defenders appointed instead of 2).

Motion by Councilman Mayer to close public participation and approve the items listed below was seconded by Councilman Toohey and carried by roll call vote.
1a Approval of payment to D. Sweet from BOA escrow accounts
1b Approval of payment to BTMUA for September bulk water usage ($168,245.26)
1c Approval of payment to BTMUA for October bulk water usage ($98,737.35)
1d Approval of payment to Coded Systems for code update/supplementation ($4,410)
1e Approval of payment to Barlo & Assoc for modification to specs for bathhouse re-bid ($5,112.50)
1f Approval of payment to J. Mastriani for PBA arbitrator services ($5K)
1g Approval of payment to M. Woszcak for Lake Ave sinkhole/emergency main repair ($18,887.05)
1h Approval of payment to B. Watzich from BOA escrow account
1i Approval of payment to Winner Ford for F-350 with lift gate for DPW ($28,864)
1j Approval of payment to 1500 Richmond Ave LLC for tax appeal refund ($3,117.97)
1k Approval of payment of Payroll #23 ($247,561.46) and #24 ($255,803.64)
1l Approval of salary adjustment for C. Bradley for passage of course leading to certification
1m Approval of salary adjustment for J. Johnston for passage of 2 courses leading to certification
1n Authorization to enter shared svcs agreement w/Bay Head & Mantoloking for shared radio channel
1o Establishment of Reorganization Meeting date of 1/1/17 at noon
1q Approval of PO to J. Hunter Construction for Little League building repairs ($13,218.22)
1r Establishment of Borough Holidays for 2017
1s Approval of pymt to State of NJ for employee & retiree health benefits for November ($139,650.81)
1t Approval of pymt to State of NJ for employee & retiree health benefits for December ($139,255.86)
1u Approval of payment to T&M Associates from BOA & Planning Bd escrow accounts
1v Approval of release of dewatering bond to C. Villani for 804 Forman Ave
1w Authorization to advertise RFPs for professional services for 2017
1x Approval of payment to F&C Auto Supply for DPW auto parts ($3,214.50)
1y Appointment of D. Steiglitz to the Open Space Advisory Committee
1z Approval of release of dumpster bond to Atlantis Fine Homes for 804 Oak Terr
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Councilman Mayer: thanked BA/CFO Riehl and T&M Associates for 2A, a $463K FEMA grant; asked about 2K (Councilman Vogel: online software system for policies and testing; Attorney Riordan: very good idea to protect the Borough from liability, provided there is classroom training, in addition), 2O (Attorney Riordan: primarily in Labor Counsel’s lap – major revisions – handbook had not been updated in significant period of time – there are a number of additions at the request of the Joint Insurance Fund, to reflect present union contracts and to reflect changes in case law – virtually impossible to summarize changes – probably best to think of it as an entirely new document – it’s crucial) and 2P (Attorney Riordan: pertains to Ordinance 2016-22 – should authorize and introduce at the same time – a more complete procedure, based on the ordinance).
Motion by Councilman Mayer to approve the items listed below was seconded by Councilman Toohey and carried by roll call vote.
2a Authorization to execute CDBG subrecipient agreement/certs & submit with revised resolution
2b Approval of S/E app/fee waiver for Copline Inc 5K on Bdwk, 11:30PM on 12/31 - 1AM on 1/1
2c Approval of payment to Indian Harbor Insurance Co for retention & co-insurance ($24,264.02)
2d Approval of payment to Devo & Assoc for Oct-Dec monthly airtime ($3,319)
2e Approval of refund to Network Real Estate Admin for AT&T cell tower overpayment ($141,129.03)
2f Approval of pymt to Brach Eichler & Bezmar for 09-16 tax appeal refunds - B89/L12 ($16,146.79)
2g Approval of PO to This & That Uniforms for 15 sets of SLEO duty gear ($4,080)
2h Approval of amuse game license renewals 2017 – Jenks, Jenks South, Bdwk & Central Ave Assoc
2i Approval of 9 W/S adjustments
2j Approval of payment to H. Kees & Sons for Randall Ave fencing & police station repair ($7K)
2k Approval of payment to Power DMS for 2017 yearly fee ($7,018)
2l Approval of release of Shade Tree bond to J. LaPlaca for 110 Atlantic Ave
2m Authorization to advertise for a confidential secretary for the police department
2n Award of contract to Altec Building Systems Corp for NJ Ave Bathhouse Rehab ($524,335)
2o Approval of revisions to Employee Handbook
2p Authorization for Borough Attorney to draft amendment to Development Ord to remove ambiguity
2q Approval of curb cut requests at 55 Harvard, 211 New York, 311 Carter, 217 Philadelphia Aves – ADDED PER DH MEMOS
2r Approval of waiver of VFW 2016 municipal portion of building permit fees – ADDED PER DISC
2s Authorization to hire Aquatecture for Municipal Architectural Services, pursuant to scope of work provided (NTE $10K) – ADDED PER DISCUSSION
2t Award of contract to Halecon for tennis court resurfacing ($30K) – ADDED PER CMTE RPTS
2u Approval of PO to R.T. Davies for pruning of vegetation at Borough Hall ($3,900) – ADDED PER BA/CFO JUST PRIOR TO MEETING
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Motion by Councilman Cortes to approve the items listed below was seconded by Councilman Mayer and carried by roll call vote.
3a Approval of PO to Motorola for 7 portable radios for the Fire Dept ($38,112)
3b Approval of PO to Allcomm Technologies for 10 pagers for the Fire Dept ($4,184)
3c Approval of membership of S. Cefalu in PPB Fire Company No 2
3d Approval of payment of hand checks ($40K)
3e Approval of payment of computer-generated vouchers ($1,468,535.29)
VOTE: Councilmen Vogel (except a, b & c), Cortes, Mayer, Toohey, Migut (except a, b, c & e),
Councilmen Vogel (a, b & c) and Migut (a, b, c & e)….ABSTAIN
Per Borough Attorney, assume usual abstentions on items 3d & 3e with which Council has conflicts.

Councilman Vogel: Resolution 4 is a work in process – Parking Authority has done a good job and the Governing Body has taken away their powers – if they are not serving the public good, it is because they’ve been put in this position and he doesn’t want anyone to think otherwise.
Motion by Councilman Santanello to approve the item listed below was seconded by Councilman Mayer and carried by roll call vote.
RESOLUTION 4: Authorization for Attorney to draft ordinances dissolving the Parking Authority and creating a Parking Agency, for Administrator to make application to the State and to create a Parking Advisory Committee – ADDED PER DISCUSSION
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA


Ordinance 2016-19 (Amend Salary Ordinance) was introduced on first reading.
Motion by Councilman Cortes to approve Ordinance 2016-19 on first reading was seconded by Councilman Mayer and carried by roll call vote. The public hearing will be held on December 20, 2016.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA
Councilman Vogel….ABSTAIN

Ordinance 2016-20 (Amend Policy Salary Ordinance) was introduced on first reading.
Motion by Councilman Migut to approve Ordinance 2016-20 on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on December 20, 2016.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA
Councilman Vogel….ABSTAIN

Councilman Santanello: favors $10/space, rather than $8/space in Ordinance 2016-21 – not an undue burden on owners (Councilman Migut: 80% increase in one shot seems too much for smaller operators – $8 still raises revenue; Councilman Vogel: suggested a step system/phase-in, as suggested fees are based on workload; Attorney Riordan: per ZO Petrillo, fees were last raised in 2004 – not designed to be a revenue producer – are empowered to do a stepped increase; Mayor Reid: suggested $8, $9, then $10; Councilman Toohey: ordinance is acceptable to him with a direct increase of $10/space) – consensus for stepped fee increases.
Ordinance 2016-21 (Increase Fees for Private Parking Lot Licenses), with stepped fee phase-in, was introduced on first reading.
Motion by Councilman Migut to approve Ordinance 2016-21, with stepped increase, on first reading was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on December 20, 2016.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2016-22 (Amend Development Ord to Remove Ambiguity) was introduced on first reading.
Motion by Councilman Mayer to approve Ordinance 2016-22 on first reading was seconded by Councilman Vogel and carried by roll call vote. The public hearing will be held on December 20, 2016.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA


Anne Lightburn, PPB: thanked the Governing Body for the bathhouse action – had suggested free parking during breakfast hours – should think about operator bids now, so they can be somewhat involved.
Dave Cavagnaro, PPB: thanked Councilman Cortes for hanging lights; suggested top of police substation for cell tower for 12 months/year; asked for an update on lights out in town.
Mayor Reid: announced the Holiday Shop & Stroll in town on December 8th, 15th and 22nd – participating stores will be open until 8PM – reminded all to bring their Shop Local cards.


Motion to adjourn by Councilman Mayer was seconded by Councilman Cortes and carried by consent of Council. Meeting was adjourned at 10:52PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published December20, 2016 | Council Minutes | 2456

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