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February 21, 2017

Council Meeting Minutes

Mayor Reid called the meeting to order at 6:35PM. Present were Councilmen Cortes, Mayer, Migut, Toohey and Santanello. Councilmen Vogel arrived at 7:23PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Flag Salute & Invocation


Robert Clifton, Sr. Dir. Gov’t & Regulatory Affairs, Comcast: nearing end of 3-year, Federally-mandated renewal process – current Certificate of Approval expires in July 7, 2017 – Board of Public Utilities (BPU) will issue a new one upon Municipal Consent - process began on August 7, 2014 - upon close of hearing, PPB has 30 days to issue an ordinance of consent or resolution of denial - timeframe is flexible, as negotiations have not yet occurred - no need for extension from BPU - consent ordinance would be a right-of-way, not a contract and non-exclusive - could have filed for a 7-year Statewide franchise and bypass local negotiations - Comcast chose not to – application must be judged on 4 Federal criteria – renewal can’t be denied based on rates or channel lineup (Councilman Cortes: former Comcast employee, has worked on negotiations with Mr. Clifton before – has heard no complaints – 800#s are questionable) redoing customer service department, with call centers in NJ and other states (Councilman Mayer: asked about annual gross receipt statement) pay 2% of basic cable back to town/year (BA/CFO Riehl: average $33K/year) would increase with competition – grant money is based on number of active subscribers and term length [Councilman Mayer: asked about Public Educational Government Access Channels (PEG); Councilman Cortes: no specific PEG for PPB – can talk about it; Councilman Mayer: asked about Emergency uses] follow State Police guidelines – PPB could do what it wants with its own channel (Councilman Mayer: asked about 2-way interactive) dedicated fiber between buildings – very rare now with texting and e-mail (Mayor Reid: asked status of YES network) will be back on – cost related (Councilman Toohey: asked about infrastructure upgrades) constant system upgrades/ maintenance (Councilman Santanello: asked about free internet for Fire and First Aid) should not be paying for basic cable – free internet is for education facilities only – no traditional government/ educational price – business representative can sit with him and Superintendent Smith (Councilman Mayer: asked about free premium cable) contractual, can't legally provide (Mayor Reid: questioned $30K/year the school district pays – asked Mr. Clifton to sit down with them).
John Longfield, PPB: asked about competition (Councilman Cortes: expensive for others to come in – FIOS won't build here – rare to have 2 companies in the same town fighting for customers).


The Municipal Clerk read the Resolution for Executive Session.
Motion by Councilman Cortes to enter Executive Session to discuss 2 contractual matters (Spillman & ACOE Dune Project) and 1 Personnel matter was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello…YEA
Councilman Vogel….ABSENT


Mayor Reid called the regular meeting to order at approximately 7:48PM. 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

The Clerk announced a clarification to the February 7, 2017 Council meeting minutes.
Motion by Councilman Vogel to approve the February 7, 2017 Council meeting minutes was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA


Mayor Reid: he and Councilman Santanello toured the First Aid last year – impressed with members’ time, effort and commitment.
First Aid Capt. Schliep: reported on 2016 activities - thanked PPB, Bay Head & Mantoloking police, who arrive at the scene before they do, for providing crowd control and for initiating therapy and CPR – average 1,300-1,600 calls/year – a big spike in construction accidents after Sandy – as many as 75 calls in a single day – more than 6,500 man hours tracked last year – most calls are for PPB – respond to EMS and Fire calls, when dispatched – the Mantoloking Chief went into cardiac arrest at a call last year and then-Capt. Meaney administered CPR and resuscitated him – also cover Special Events – all services free of charge, including transportation to hospital – all volunteers – funded by fundraisers and stipends and municipal funding – thanked Governing Body for funds to purchase power stretcher – in need of funds for a second Lucas 3 Mechanical CPR Device, roughly $15K – would thank Council for considering it.
Councilman Cortes: addressed curb cut request at 804 Oak Ter. – 16’ approval was added as 1t; redoing Harvard Ave. – letters were sent to residents with oversized curb cuts there.
Attorney Riordan: described the State-issued Winery Salesroom/Outlet and Limited Brewery licenses, for which applications have been received – ABC has requested comments prior to considering – Reds would still be BYOB but patrons could also buy a bottle (Mayor Reid: supports both; Councilman Vogel: no issues; Councilman Mayer: both sites over 500 feet from existing licenses) there is a question as to whether PPB ordinance affects State licenses – ABC can issue anything – authorization for letter to be sent to ABC in support of a Winery Salesroom/Outlet License for 57 Inlet Dr./Reds Lobster Pot and a Limited Brewery License for 601 Bay Ave./Last Wave, LLC was added as 1u.
Chief O’Hara: submitted recommendations for 6 Special Event applications – 3 are new – Councilman Vogel tried to map out a better 5K run – met with Councilmen Cortes and Santanello about dictating routes to groups, to make it more manageable and less disruptive – there is a question as to whether to provide traffic detail or security – quite a cost difference – police must plan for worst and hope for best – current and future 5Ks, street events and fairs concern the police (Councilman Santanello: would help if Council could dictate routes and times; Councilman Vogel: designed a route for smaller events with minimal traffic/road closure impact) also discussed event times – Chamber requested a Friday evening in May for Cinco de Mayo 5K – questions the ability run on the Boardwalk at that time (Attorney Riordan: sees no problem with dictating routes; Mayor Reid: doesn't want to price people out of raising money – there’s a fine line) asked where Borough’s liability lies when giving groups a choice between traffic detail and security (Attorney Riordan: Chief should recommend what he feels necessary and Governing Body should then choose what they feel is the proper balance – ordinarily, Governing Body can't be found liable for failure to spend money in situation like this, as long as reasonable effort is made to keep everyone safe; Councilman Cortes: asked if applications should be sent back with new routes; Attorney Riordan: should say that application is approved with this route – cautioned about treating people differently based on the organizations for which they work – should be based on necessary security; Councilman Vogel: balancing safety concerns and impact to residents; consensus for Police Committee will work with Attorney Riordan on letter).
Ashli Tortorello, Toms River, Mac Tort Racing/Cinco de Mayo Run organizer: asked Chief’s concerns – running out of time (Chief O’Hara: traffic and pedestrians in Boardwalk area at that time; Mayor Reid: can approve, subject to Chief's approval of route and time).
Approval of the following applications, some with conditions, were added: Kidney & Urology Fdn walk on 4/30 as 1s; Chamber Cinco de Mayo 5K on 5/5 as 1v; Leukemia & Lymphoma Society 5K on 5/6 as 1x-1; ATSNJ 5K on 5/7 as 1x-2; Cystic Fibrosis Fdn walk on 5/13 as 1w-2, re-approval of Antrim 5K & Mile Run on 5/20 as 1w-3.


Councilman Vogel: Chamber events include February Chocolate Walk, March Shamrock event.

Councilman Cortes: bath house electricity has been run – plumbers are running water and waste lines – took out petitions between lockers and showers – on schedule; Coast Guard barracks and burned bungalows have been demolished – will be a parking lot where the barracks were (BA/CFO Riehl: bath house proposals are due at the end of March – 4 individuals picked up information; Councilman Vogel: suggested outside seating in the evening – all agreed; Councilman Mayer: asked about Open Space request for free parking 6AM-9AM; Mayor Reid: asked if money would be lost; BA/CFO Riehl: not packed in the morning; Mayor Reid: suggested 6AM-8AM/9AM, 7 days; Councilman Toohey: would rather not move on that without revenue impact numbers and public input).

Councilman Mayer: budget will be introduced on March 21st.

Councilman Toohey: Inlet wall reconstruction is in process; people are here to talk about the skate park – there is no support for allocation of public funds – if supporters raise funds for DEP permit, can hold a public hearing – appreciates input, but there is nothing to approve tonight – a concept right now.

Councilman Migut: residential development ordinances that were adopted post-Sandy have been working – must consider barriers on commercial property due to floodplain requirements – proposed rezoning of Arnold Ave., in accordance with the Revised Master Plan of 2015 – authority for attorney and engineer to draft an ordinance was added as 2y; asked BA/CFO Riehl to call the State about pothole repair.

Councilman Santanello: Mayors Trophy game is on March 6th – girls at 7PM, boys at 8PM – Beach against Boro; Police Committee met with police administration about the budget and security reviews – he will join Lt. Michigan on security reviews – continued police training over the last 3 weeks, as well as instruction at the Police Academy and arrests for DWI, simple assaults, harassment and trespassing, disorderly conduct and a Megan’s Law failure to report offense.

Mayor Reid: meeting tomorrow with Offshore Powerboat Association regarding the Grand Prix events May 18-21 – Wharfside and Rotary will, again, run fundraisers – Councilman Cortes will be in the dunk tank; trolley is coming back; Maryann Ellsworth is working on bringing back rocking chairs or something similar; called Congressman Smith's office about obtaining the Coast Guard Station – need to get a committee involved.

BA/CFO Riehl: no report.


Jack Pasola, Mayor Emeritus: DPW does a fabulous job; great police leadership – people don't realize the job they do – there is a war on cops in this country – most people who come to town are good, but some come to cause trouble.
Dan Hennessy, Mayor Emeritus: his administration put a moratorium on public events and concentrated on local people and schools – events have gotten out of hand – taxing on police.
Dave Cavagnaro, PPB: have been moratoriums on special events until this administration – changing routes, but not moving them on the west side of the tracks; asked about item 1a.
Margie McDonald: thanked Mayor Reid for Shop the Beach program.
Tyler Spader: people invited all who are concerned about the environment to help him clean up the lake and help out the residents who are affected by the ecosystem there.
John Longfield, PPB: asked for update on beach replenishment and eminent domain.

The following residents/business owners spoke in opposition to a skate park:

Jack Pasola, Mayor Emeritus: seems to have progressed – asked if Police Committee met about it and how Chief feels (Chief O’Hara: concerned about location in summer with volume of cars in and out of lot and kids skating to the park – should not be involved with opening and closing and policing helmets, pads and foul language – burden if not supervised as rec facility – need restrooms) most kids are good – takes a few bad ones to cause problems – parents can’t police – hates to see more beachfront change – would spoil the beautiful lake – requested Council listen and put it to sleep – silent majority is opposed – at a public hearing, half in the room would be for it and half against and it will got nowhere.
Dan Hennessy, Mayor Emeritus: troubled at division – loves kids and believes in recreation, but need to resolve this, not drag it on.
Jim Malone, Councilman Emeritus: location and environmental problems – credits Councilman Toohey, but project is not in taxpayers’ and children’s best interest – difficult to imagine $500K donations.
Elaine Hennessy: saw 8 adults at the Boro skate park last week – kids will have to get in line.
Pat Freda: will be a drug haven with no police and little kids.
Dave Cavagnaro: concerned about Rec Committee authority if kids don't wear equipment, paving over rain garden and eyesore of chain link fence – S. Plainfield police asked Council to get rid of theirs.
Kristin Hennessy: suitable location does not exist in PPB – other NJ parks are not within feet of homes – will impact flooding and ecosystem – safety issue for lake residents – has calls out to environmental groups – difficult to believe FEMA would allow it – should tap into Councilman Migut’s Floodplain Management Plan expertise – must look at what has gone on in the Boro – will be an albatross around the police department’s neck – suggested sending postcard in tax bills to solicit input – encouraged about a public hearing – reiterated support for shared service with Boro, where security cameras could be installed.
Vince Castin: hard to believe all costs would be picked up by donations – businesses wouldn't want to be associated with a project with negative impact – plenty of recreational opportunities for kids – agrees with Chief on security issues – will be lawsuits – not attractive – noise generated year-round – negative affect on property values – go to the Boro to skate (Councilman Mayer: left briefly at 9:15PM).
Margie McDonald: wouldn't like to sit in her yard and look at a skate park – can't see EPA granting permission or why it is being entertained – asked if risk assessment was done – if someone is injured, will be sued – will be an expense – sanitation is a concern – her kids skate – wouldn't want this for them.
Bob Maloney: it’s a residential area – cell tower is already there – will destroy the neighborhood – move the cell tower to the proposed skate park location to correct one problem and not add another.
Glen Paesano, Open Space Committee: not necessarily against it, but more can be done with that location – asked about Boro's rules – good opportunity to share with Boro – too much impact on the lake.
Mona Waivada: asked Council to consider that cementing over this amount of grass, planting and the rain garden is in opposition to Ordinance 2010-45.

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

Shannon Godwin: resents opposition to bringing outside people to a skate park, when thousands come for Seafood Festival – PPB is not what it was years ago – everything changes, need to embrace it.
Toni Pecunia: conversation is getting exhausting (Councilman Migut left room 9:21-9:23PM) supporters have brought stats and facts – change is scary – opponents are older and would have no use for it – lot of speculation – can’t fundraise with no particulars or guarantee of approval – not relevant to compare to Boro's park, which is different – people are allowed to curse anywhere – won’t happen just at a skate park – media's job is to exploit – people get arrested at bars – can put up a fence to keep cars away from skaters – should think about solutions and whether to go forward – public hearing is great.
Tim Allen: sports and interests evolve – this is a beach community – there is no preferential treatment to residents – some people don’t take individual sports as seriously as team sports – kids who grow up boarding come from diverse backgrounds and environments where the environment matters – looking to give something to today's and tomorrow's kids – something that will be nice for everyone.
Pat Cavanaugh: proponents not looking to divide the town, just to propose and do something for the future – sad about stereotypes – offended at the notion that he would take his kids to a drug haven.
Motion by Councilman Migut to close public participation was seconded by Councilman Santanello and carried by consent of Council.


The Clerk announced additions/deletions/revisions to the agenda. Councilman Mayer asked that item 1s be considered separately.
Motion by Councilman Vogel to approve the items listed below was seconded by Councilman Cortes and carried by roll call vote.
1a Authorization to submit grant appl/execute grant contract with NJ DOT for Parkway Imp-Phase II
1b Approval of pymt of Pay Cert #2 to Woszczak for Inlet Dr Water Svc Replacement ($25,375.94)
1c Approval of payment of Payroll #4 ($256,969.72)
1d Approval of taxi vehicle license (5) and taxi driver license (1) for Briggs Transportation
1e Approval of payment to T&M Assoc from Pl Bd, BOA & Developer escrow accounts
1f Approval of payment to BTMUA for January bulk water usage ($45,637.48)
1g Approval of release of performance bond to Chef’s International
1h Approval of PO to Tri-State Safety Solutions, LLC for Safety Coord Svcs Jan-Dec. ($8,340)
1i Approval of PO to Earth Tones for Arnold Ave. tree planting & removal ($4,450)
1j Approval of amendments to Resolution 2017-0101/3T-2 (change of agents on court depositories)
1k Approval of PO to Guardian Tracking software subscription for the police dept ($2,520)
1l Approval of PO to Devo & Assoc for 110 rolls of parking meter paper ($4,130)
1m Approval of W/S relief requests (2)
1n Approval of payment to OCUA for 1st quarter sewerage ($82,271.23)
1o Approval of pymt to the Division of Pensions & Benefits for annual appropriation ($1,028,738)
1p Approval of pymt to Cherry Valley Tractor Sales for DPW tink claw articulated loader ($11,999)
1q Approval of PO to Cliffside Body Corp. for utility body for DPW truck ($4,786)
1r Approval of revision to Resolution 2017-0207/2K (release of perf bond to Bay Point Condo)
1u Authorization for letter to be sent to the ABC of support to Winery License & Brewery License Applications – ADDED PER DH MEMOS
1v Approval of Chamber S/E application for Cinco de Mayo 5K Run on 5/5, subject to Police Chief’s approval – ADDED PER DH MEMOS
1w Approval of Kidney & Urology Fdn S/E application for walkathon on 4/30, Cystic Fibrosis Fdn S/E application for Great Strides Walk, 5/13/17, re-approval of Antrim 5K & Mile Run on 5/20 – ADDED PER DH MEMOS
1x Approval of Leukemia & Lymphoma Society S/E application for 5K Run, 5/6/17 & Athletic Trainers Society of NJ S/E application for 5K Run, 5/7/17, subject to approval of cost and route – ADDED PER DH MEMOS
1y Authorization for Attorney to draft zoning ordinance – ADDED PER CMTE RPTS
1z Approval of payment to Point Pleasant for trash, recycling & snow plowing at Riverwood Park ($1,800) – ADDED PER BA/CFO
2a Approval of computer-generated vouchers ($1,215,195.55)
2b Approval of refund of UCC fees to J. McNamara, Ocean Fire Co No 1, per Borough Code ($500)
VOTE: Councilmen Vogel (except 2b) Cortes, Mayer, Toohey, Migut (except 2b), Santanello….YEA
Councilman Vogel (2b), Migut (2b)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 2a with which Council has conflicts.

RESOLUTION 3: approve PO to procure police canine unit & related equipment
Councilman Mayer: asked Councilman Santanello and Lt. Michigan about this – capital and operational expenses – understands current events and appreciates the need for a bomb dog, but it’s a PO without an appropriation or grant letter – asked about possibilities of using a sedan instead of an SUV, obtaining the service from the County and shared services with other municipalities, as well as kenneling at PO Boturla’s house in Toms River and the impact of training sessions on staff and overtime.
Councilman Santanello: last year, there was an attack in Seaside Park, a bomb scare at Jenkinson’s and shutting down of the Seafood Festival – town is a soft target – dog would be a public safety tool.
Lt. Michigan: after the Seaside Park attack, Homeland Security, through Ocean County Chiefs of Police, was given money to distribute – last summer, he developed a relationship with Col. Malast of the Prosecutor’s Office – spoke about need for grants – wants to expand the canine unit – Harvey Cedars Chief contacted him to say PPB was awarded $35K to purchase a canine vehicle for a bomb dog – was reiterated by Col. Malast – to be awarded the end of this year (Chief O’Hara: part of State’s fiscal 2018 budget – asked if budget could be amended to include an appropriation – in the interim, willing to use an older Crown Victoria, for which they were given a surplus kennel from Voorhees – dog and training are free) initial training is 14 weeks for the officer and dog, followed by another 16 weeks – 96 hours/year (Chief O’Hara: training is scheduled so it doesn’t impact overtime) Brielle has a drug dog – Wall and Brick each have a bomb dog – doesn’t want to rely on other municipalities (Chief O’Hara: have control over our own officer, who works 3-4 shifts/week in summer, with dog on duty half the time and on-call the other half; Councilman Toohey: asked about additional training) continuing – must keep up with certification (Chief O’Hara: can’t rely on other agencies all the time) no guarantees with other agencies – would rather have the dog walking up and down the Boardwalk – dog, vest and kennel are free – lot of work put into this (Councilman Cortes: asked if dog works the same shift as handler – confirmed that it’s about $1,500/year for food and vet bills) yes – POs Boturla and Drew are on opposite ends of the schedule – will have a dog the majority of the time – class starts March 13th (Chief O’Hara: dog is about 1½-years-old with some training) dogs bridge gap between kids and police – community policing – that’s a big impact (Chief O’Hara: can clear suspicious packages on Boardwalk quicker than waiting for another agency to come in) he’ll take the dog in handler’s absence to prevent costly boarding (Chief O’Hara: part of yearly operating budget), concrete and labor for kennel has been donated (Chief O’Hara: asking Council to move forward, with individual POs to come; BA/CFO Riehl: for now, expenditures would have to come through the department’s operating budget and would have to use existing equipment; Chief O’Hara: until funds become available; Councilman Mayer: and are appropriated).
Motion by Councilman Santanello to approve Resolution 3, was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA
Councilman Vogel….ABSTAIN


Ordinance 2017-03 (Amend Ch. VI, Section 7–Taxi License Term) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2017-03 on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on March 7, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA


Dave Cavagnaro, PPB: asked about term of the cell tower contract and if can be moved, by force, to Central Ave by the Boardwalk and the length of the contract.


Motion to adjourn by Councilman Migut was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 10:16PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published March08, 2017 | Council Minutes | 2504

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