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February 7, 2017

Council Meeting Minutes

Mayor Reid called the regular meeting to order at 7:33PM. Present were Councilmen Cortes, Mayer, Toohey, Migut and Santanello. Councilman Vogel arrived at 7:37PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Flag Salute & Invocation

In reference to the January 17, 2017 Council meeting minutes, Councilman Mayer stated that BA/CFO Riehl is looking into how the County health tax was arrived at, the statutory basis and what PPB gets in return.
Motion by Councilman Migut to approve the January 17, 2017 Council meeting minutes was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA
Councilman Vogel….ABSENT


Councilman Cortes: addressed the curb cut requests at 66 and 70 Harvard, which were received in response to notification to homeowners that the road is being paved – both cuts are wider than ordinance allows – the one at 66 Harvard has been that way since 1985 and the one at 70 Harvard has been that way for 10 years – making them 16' won’t provide extra parking – agrees with ZO Petrillo to allow existing cuts to remain as is – approval of both was added as item 2t.


Councilman Vogel: received information on another water metering system to improve efficiency and reduce cost – would qualify for Environment Infrastructure Trust Funding – looking at removing extra tanks on property to gain space and reduce maintenance costs.

Councilman Cortes: acknowledged February employee anniversaries (Councilman Vogel arrived at 7:37pm) Pete Andreyev 23 years, Matt Duffy 23, Joe Gippetti 13, Bob Kowalewski, Andy Meany & Chris Mosca 14, Mike Fioretti 20, Michael Gatnarek 6; there are soil issues at the old Sea Coast Oil property – there is a budget grant submission for about $81K – had DEP and ground water check – must make sure soil is not contaminated before moving ahead with the property – the old well building across the street was removed – working with JCP&L to get poles with transformers removed; talking about moving the Historical Society closer Antrim School and making a little dog park; Inlet bathroom is up and running – been some problems with vandals – camera is now in place; NJ Ave bath house is underway – on schedule for tenant this season; big sink hole at the Inlet bulkhead – Army Corps of Engineers will do permanent repairs – $550K DEP grants pending; there are alternate plans for the Curtis Ave drainage issues causing severe street-end flooding; Little Silver Lake dredging is ongoing – funding is in place – 75% interest free/25% market rate; fence by Maryland Avenue has missing sections since Saturday night – DOT wants it removed; Harvard Ave infrastructure needs work – Parkway will be finished (Mayor Reid: requested work on Seymour) Princeton and Homestead are done – all with DOT funding; Randall Ave property benches have been ordered – native plants to be planted – lake residents think wing walls should be removed and vegetation planted – $92 million has been released from the Federal government for the dune project; municipal building roof and windows need repair, DOT is moving forward on intersections – will be a traffic light on New Jersey and Forman will be one-way.

Councilman Mayer: kudos to BA/CFO Riehl and Phoenix Advisors, as the Borough’s Moody's rating went up a step; BA/CFO Riehl worked on a surplus regeneration report, which is now available for Council – surplus dropped from +$19K in 2015 to -$160K in 2016 – court was down – interest on investments jumped – there is deficit on court shared services – current amount to be raised by taxation went up substantially – amount received over that wasn’t as substantial as the prior year – substantial appropriation reserve lapse – there is a big advantage to budgeting and then coming in less, instead of departments spending money down – surplus declined by 4.5% last year – moving into budget season – BA/CFO Riehl is reviewing 2016 expenses and overtime – there was a discussion on the PO and voucher process – must get quotes on everything – would like to focus on expenses; asked that Attorney Riordan brief Council on Spillman, Gulfo litigation and State dune agreement in closed session at the next meeting.

Councilman Toohey: fire department has submitted budget requests – will discuss with BA/CFO Riehl; corresponded with the Ocean County Utilities Authority about pump house by Little Silver Lake – vents were left open in construction and it smells terrible from the Boardwalk – will close them and see if it helps; with regard to the skate park, Council respects the sense of civic responsibility on both sides of the discussion – was upfront about the cost at the last meeting – reviewed, at length, Council’s sensitivity to taxpayers and how to eliminate that impact – has become apparent that the initial planning and permitting can be done at no cost to taxpayers, through fundraising – would hope to continue that if it went on to construction – should give kids and residents the opportunity to fundraise to beautify the town – spoke about liability, public perception and police involvement – those who aren't for the project want to be heard – happy to answer questions.

Councilman Migut: the building department submitted modest budget requests and advised him that the Development Code lacks a definition for schools – asked for authority for the Attorney to draft a schools definition (added as item 2u); Planning Board met and considered Ordinances 2017-01 and 2017-02 – Board approved adoption of 2017-01 and recommended, in a split vote, that Section II(b)3 be eliminated from Ordinance 2017-02 (Council discussed and voted to table it) – can be kicked back to Inspections Committee (Attorney Riordan: can have different regulations for different zones).

Councilman Santanello: Recreation Committee met – basketball is going well – dropped one referee; recent police training includes incident responses to terrorist bombing, special needs mental health and regional SWAT – have been software upgrades, addition of cameras to town-wide surveillance, academy instruction, 5 disorderly conduct and DWI arrests – Florida man was convicted of plotting to plant bombs on the beach – so, terrorist training is needed – first Police Committee meeting is this Thursday – more police bathrooms are needed; asked that item 1t be considered separately (made item 4).

Mayor Reid: need to level playing field for taxis and Uber – spoke to Briggs owner about licensing procedure – would like to change the ordinance so, if a license is issued in November, it can be valid for one year and not renewed right away (authorization for Attorney to revise the taxi ordinance was added as item 1w) Uber doesn’t pay anything to the town – can’t regulate them – suggested eliminating mercantile licenses for cabs or forcing Ubers to get them (Attorney Riordan: there is precedent in Newark for that – some work to be done – can suspend fees until Uber is monetized – lots of options; Councilman Mayer: would be fair for Uber to pay) hurting our businesses and don’t know who Uber drivers are.

BA/CFO Riehl: bath house contractors are making great progress – have questions about utilities and appliances – found mold in the far southern end – will be cleaned, primed and painted – RFP was authorized for concession stand and bath house – reached out to 15 local businesses – Local Urban Kitchen and the Spring Lake Concession Stand operator might be interested – slated to be finished in early May; went out for quotes to repair the Maryland Avenue fence – sometime on Saturday evening, 3 large sections were demolished – no cameras there – looking at $15K or more for a camera at that location; parking signs in the Silver Lake lot are being redone with new language; is meeting with the Ocean County Engineer on the 22nd – invited Council questions/concerns or projects for discussion; there is a PO on this agenda to upgrade parking machine modems – didn’t know this would be needed, so Devo is willing to pick up the cost of 27 machines and PPB will pay for 21; received competitive quotes for the Little League building repairs, which went out to bid – under bid threshold.

Mayor Reid: he, John Meehan from JCP&L and Mr. Cavagnaro drove around and reviewed street lights – invited Mr. Meehan to give a report.
Mr. Meehan: additional lights are needed in certain areas – should be done in 2 weeks – some are in need of repair – 16 of those reported in November were repaired, 11 were not and did not show up in their system – Patty Kile provided a spreadsheet of those lights and an additional 15 – they have been repaired as of this weekend – there is a system in place now – if system fails, after 3 days, information will be sent to him to be addressed that evening – inoperable flood light pointing at a Baltimore residence is being removed and a new light installed on the same pole (Councilman Cortes: spoke about the light on the southeast corner of Ocean and Parkway) if not already reported, will need pole # and wattage (Councilman Santanello: will look at his notes; Councilman Cortes: Cooks Ln pole transformers need to be removed at a better cost than the quote received by BA/CFO Riehl) send him the quote (Mayor Reid: thanked him for meeting with the Shade Tree Commission) starting tree trimming next week – will meet with them to go over what and where they are planting.

The Clerk announced additions/deletions/revisions to the agenda.


Dave Cavagnaro, PPB: asked about items 2c and 2l.

The following residents/business owners spoke in favor of a skate park:

Dean Esposito: read local Realtor comments from online petition – young parents want a progressive mindset – opposing side is non-progressive – been involved with aircraft noise studies – skate park noise is nil – quoted studies – smooth wheel on smooth concrete is 42 decibels – roller coaster is 97, Bosch dishwasher, on quiet setting is 44 – Boro has less problems at skate park than at the Recreation Center and Beaver Dam Park – was built with sub-standard materials – 285 residents and 373 non-residents have signed proponents’ petition – students are also getting petitions signed.
Pat Cavanaugh: has 8 children – coaches team sports year-round – last year, Woodbridge had 1 first aid call at their skate park and 41 at their Community Center – criminal mischief was low as well – a school psychologist in the New Brunswick, he spoke with their school resource officer and police captain – problems at their new concrete skate park are minute – this is a family/community movement – will better the town, as baseball fields and tennis courts have – asked Council to keep an open mind – he and his son built a quarter pipe about 4 months ago – within the last 4 days, there have been 4 nuisance complaints – seems like a coincidence (ramp was in a public roadway).
Diane Niethe: her husband and son surf and skate – cement park in Philadelphia is beautiful, quiet and hidden – need to let people in – good for business – opportunity for events like a skate festival.
Corey MacGregor, owner, MacGregor Training & Fitness Center: can see his son using park in a few years – moved here for community and family atmosphere – into getting kids more active – atypical athletes need something to do – huge opportunity for them.
Toni Pecunia: opportunity for kids – positive outdoor area where they can put down phones and communicate – founder of Shore to Recover – raised @$500K in supplies and donations – would help with fundraising – more positives than negatives – community-builder – if we want kids off drugs, must give them somewhere to go (Councilman Toohey: left room 8:58PM-9PM).
Daniel Mercuro: reiterated positive comments – modern concrete parks can be sculpted to fit into town and be super quiet – skating has been a part of PPB life for 40+ years – #1 significant skating injury is getting hit by a car – it's time to seriously consider this – an asset, not a detriment.
Jay Stewart: here for his daughter (Councilman Migut left room 9:01PM-9:03PM) no limitation for her – opportunity for police outreach, with kids in one area – can have programs and free skate.
Dan Murray: lives on west side of tracks – hears noise from Boardwalk, trains, baseball field, basketball courts, all summer – doesn't bother him – things are changing – skateboarding is a healthy, progressive lifestyle sport – kids should bond with kids from other towns – positives outweigh negatives.
Shannon Godwin, owner, Point Lobster Company: business owners want to promote family – happy to help with fundraising – for our kids – she and her husband skate – would like a place to take her family – it's about being progressive and moving in a great direction – opportunity for kids to do something positive and not do drugs – kids who don't get picked for a team can skate.
John Godwin, owner, Point Lobster Company: his dad had store at foot of Broadway bridge – skated there – would look for any place to ride – didn't want to be in the house – kids face bigger problems today and are growing up quicker – it's a playground with a specific purpose – today's youth have great interest in skating and surfing – lot of girls doing it – changing demographic.
Tyler Spader: asked if there have been talks of park being open 24 hours – Boardwalk shuts down late and the noise is annoying, but it's kids having fun – skate park would close earlier.
Bridget Salerno: moved here 5 years ago – touched by community – kids thriving in school – not all kids do team sports – growing number with ADD and ADHD – skating is perfect for them, as there are different skill levels – sees older kids in towns taking care of younger kids – no supervision at Pleasure Park, just moms and dads – would be the same at skate park – commended Councilman Toohey on being pro-active and inclusive.
Craig Gordon, owner, Gordon’s Surf Shop: been in business in PPB for over 25 years – he and Mr. Niethe proposed this so kids could stay local and go safely back and forth – there is a skate board community in PPB – this is a tourist town – would provide business revenue.
Andrew Niethe: did petition online and at surf shops and restaurant – study was done that says the lowest percentage of sports injuries in 1998, between baseball, basketball, football, skateboarding and soccer, was reported in skateboarding and the highest in basketball.
James Cavanaugh: opponents are no longer very active in town – it’s a progressive sport – good outside activity for kids – would be no need for police – older kids would be so excited to have the park, there would be no bullying – everyone would be involved and happy to be off the street, somewhere nice.
Lisa Esposito: opposition’s complaints are invalid – will benefit kids and community – would be disappointed if the decision to decline was influenced by negativity and fallacy.
Jim Brooks: viibrant town – businesses are booming – should embrace this and stay innovative.
Wendy Lloyd, PPB: moved here to raise a family – loves the school system and that kids can walk to school – doesn't want her kids walking over the bridge to the park – daughter loves skateboarding –and she would like to empower her – this will give her a level playing field.

The following residents spoke in opposition to a skate park:

Mona Waivada: asked why it is needed – Boro’s is open to PPB residents – questioned approval procedure – will negatively affect property values – would like a referendum – shouldn't subsidize non-residents’ recreation – those interested in a sport will find a way to get to it – there are indoor parks in Lakewood and Toms River – intrusive to area residents.
Ray Cervino: congratulated BA/CFO Riehl on improved Moody's rating – all should appreciate what she does – emotional issue – encouraged Council to visit proprietor east of the Boro skate park, whose business has been impacted – is sick and has regrets.
Dave Cavagnaro: commends Councilman Toohey on his passion for kids and efforts to be inclusive – asked if park hours were considered, if there are people to cover the cost and if there are plans for permits, supervision, maintenance or a bathroom – would rather spend on a Recreation Center to serve the entire community – concerned about dedicating this much open space to one purpose, noise, strains on services, taxes and quality of life – submitted a petition with 250 signatures.
Kristin Hennessy: 15 years ago, a group wanted to construct a skate board park in Pleasure Park and the issue divided the town – it is once again dividing the town – is a circulator of the oppositions’ petition – read comments from petition – skating would directly benefit Mr. Gordon's business – for a Governing Body to support that is croni-capitalism – renewed call for referendum, so residents’ and taxpayers’ voices will be heard – when disenfranchised children are 18 they can become part of the democratic process – was honest and told people it would be a public/private partnership – Boro skate park was closed because of criminal mischief over the last 15 years – suggested shared service agreement with the Boro with a concrete park in the Boro, in a commercial zone, where there is more space.

The following non-residents spoke in favor of a skate park:

Kyle Murray, Pt. Pleasant: won't need much parental supervision – it's the same as any recreational park – skating and surfing has been a counterculture with a bad stereotype – has lost friends to drugs – sees skating, surfing and other sports as an escape – have saved a lot of people.
Wall Resident: child is active skateboarder – opponents don’t know what they’re missing out on – drives to south Jersey for contests that promote opiate awareness and the Humane Society – perception of skaters has changed – he cleans the parks because he didn’t have one as a kid – older generation will teach their children to do that also – a win-win – grass roots movement is inspiring – when he goes to a skate park in another town, he buys a few drinks, stays for a few hours and spends money.


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 release of dumpster bond to E. Seaberg for 136 Randall Ave
1b Approval of payment to PPB Bd of Ed for March-June allocations ($4,008,452.00)
1c Approval of pymt from Open Space Trust Fund to Bird Const-Inlet Dr Bulkhead repair ($10,100)
1d Approval of payment to Sungard HTE for annual NaviLine maintenance for PD ($17,398.06)
1l Approval of payments (2) to D. Sweet from Pl Bd escrow account
1n Approval of pymts (3) to This & That-cross gd uniforms/SLEO gear/blue gun training ($6,288.48)
1o Approval of payment to Winner Ford for 2017 F350 with plow for water dept ($35,585)
1p Approval of Amethyst Beach Motel request to continue parking 2 emergency service trailers there
1q Approval of payment to Galvin Law Firm from Pl Bd & BOA escrow accounts
1r Approval of payment to T&M Assoc from Pl Bd & BOA escrow accounts
1s Approval of release of BOA escrow to M. Knehr
1u Approval of participation in NJ Safe & Secure Comm Grant Prog/auth for Mayor to execute appl
1v Approval of payment of Payroll #2 ($474,874.57) & Payroll #3 ($294,664.67)
1w Appointment of Councilman Santanello to LEPC, replacing Councilmen Vogel & Cortes
1x Approval of 2017 professional service agreements
1y Approval of payment to Devo & Assoc for bill acceptors & cancel boards ($4,864.64)
1z Approval of PO and payment to Jesco Inc for emergency DPW loader repairs ($4,147.11)
2a Approval of PO to All Covered for IT maintenance/support for Jan-Mar ($4,200)
2b Approval of payment to OC Landfill for tipping fee escrow through 1/9/17 ($50K)
2c Approval of payment for first half of 2017 to OC JIF ($252,009.59)
2d Approval of PO to Devo & Assoc for modem updates from 2G to 3G ($10,370)
2e Endorsement of Recycling Tonnage Grant app submission to NJDEP, with monies deposited in dedicated trust fund & designation of Recycling Coordinator to ensure app is properly filed
2f Certification of submission of expenditures for 2016 recycling taxes paid ($10,090.98)
2h Approval of PO to Vehicle Tracking Solutions for GPS tracking on Borough vehicles (NTE $13K)
2i Appointment of D. Van Etten to the position of Administrative Secretary in the Police Dept
2j Approval of salary adjustment for V. Blauvelt
2k Release of performance bond to JCR Mgt Svcs for work at Bay Point Condominium
2l Approval of hourly contract, as needed, w/Barlo Governale Assoc for bath house (NTE $11,200)
2m Approval of payment to NJ Treasurer for annual site remediation fee ($2,895)
2n Approval of payment to Riggins for diesel fuel and gasoline for DPW ($17,411.40)
2o Approval of payment to Mid-Atlantic Truck Center for mechanic diagnostic software ($6,650)
2p Approval of payment to Atlantic Salt for 2017 DPW de-icing material ($3,109.37)
2q Approval of payment to State of NJ for employee & retiree health benefits ($144,509.49)
2r Support for OC representation on the NJ Turnpike Authority Board of Commissioners
2s Approval of Chamber S/E application for Downtown Sidewalk Sales, 5/18-20 & 8/10-12, 2017
2t Approval of curb cut requests at 66 Harvard and 70 Harvard–ADDED PER DH MEMOS
2u Authorization for Attorney to draft definition of school for dev code–ADDED PER CMTE RPTS
2v Auth to auction @50 scrap bikes from PD lost & found on GovDeals.com–ADDED PER CLERK
2w Auth for Attorney to revise taxi ordinance to extend license terms & look into Uber monetization-ADDED PER MAYOR’S RPT
3a Approval of payment to Motorola for portable radios for the fire dept ($38,111.99)
3b Approval of payment to Continental Fire & Safety for gloves & tools for Fire Co. 2 ($3,094.35)
3c Approval of PO to PAC Industries for laundry equip for fire dept turnout gear ($15,309.66)
3d Approval of payment of hand checks ($1,758,687.20)
3e Approval of payment of computer-generated vouchers ($210,139.35)
3f Approval of memberships (2) in Ocean Fire Company No 1
VOTE: Councilmen Vogel (except 1x, 3a, 3b, 3c, 3f), Cortes, Mayer, Toohey, Migut (except 3),
Santanello (except 1w)….YEA
Councilmen Vogel (1x, 3a, 3b, 3c, 3f), Migut (3)….ABSTAIN
Councilman Santanello (1w)….NAY
Per Borough Attorney, assume usual abstentions on items 3d & 3e with which Council has conflicts.

Councilman Cortes: addressed Chief O’Hara’s memo to Council about Special Event police traffic control fees vs. police security fees – asked for Council input (Chief O’Hara: recommends preparing for the worst; Councilman Vogel will research with other municipalities; Council consensus to discuss at the February 21, 2017 Council meeting).
Motion by Councilman Cortes to approve RESOLUTION 4: Approval of Antrim PTO request for fun run portion of Antrim on the Run event to be a color run, was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA


Ordinance 2017-01 (Amend Chapter XIX - Definitions & Encroachments) was considered on second reading. Mayor Reid opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Migut to close the public hearing and adopt Ordinance 2017-01 was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Motion by Councilman Migut to table the public hearing on Ordinance 2017-02 (Amend Chapter XIX – Definitions, Provisions Applicable for all Zoning Districts, Fences, Walls & Sight Triangles, Driveways & Yards), for further review by the Inspections Committee was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA


Dave Cavagnaro, PPB: Elks had a plunge, advertising 200-300 participants in the Ocean Star (Attorney Riordan: permit is required; Mayor Reid: would have liked to have known about it) suggested reaching out to organizations to let them know they need a permit; thanked Mayor Reid for including him on ride to evaluate the lights – 25-28 were out – 13 still are (Mayor Reid: talk to Patty Kile) asked about a refund for months when lights were out
Tina Hennessy, PPB: organizer of Antrim Fun Run – came to answer any questions.


Motion to adjourn by Councilman Vogel was seconded by Councilman Cortes and carried by consent of Council. Meeting was adjourned at 10:22PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published February23, 2017 | Council Minutes | 2495

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