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March 21, 2017

Council Meeting Minutes

Council President Mayer called the meeting to order at 7:01PM. Present were Councilmen Cortes, Mayer, Toohey, Migut and Santanello. Councilmen Vogel arrived in time for the regular meeting. Mayor Reid was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

The Municipal Clerk read the Resolution for Executive Session.
Motion by Councilman Migut to enter Executive Session to discuss 1 Personnel matter was seconded by Councilman Toohey and carried by consent of Council.


Council President Mayer expressed Mayor Reid’s regrets on not being present, as he had a conflict. Council President Mayer called the regular meeting to order at 7:33PM. Present were Councilmen Vogel, Cortes, Mayer, Toohey, Migut and Santanello. Mayor Reid was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Flag Salute & Invocation

Motion by Councilman Migut to approve the March 7, 2017 Council meeting minutes was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA
Councilman Vogel….ABSTAIN
Mayor Reid….ABSENT


Councilman Cortes addressed curb cut requests at 203 Seymour (request to move existing 17’ curb cut, off the property line and make it a 19’ cut – there is an oversized garage – agrees with ZO Petrillo to approve at 16’) and 111 Baltimore (homeowner was noticed about the repaving of Harvard – existing curb cut is oversized – agrees with ZO Petrillo to leave as is) – both added as 1bb.

BA/CFO Riehl: addressed request for waiver of tree removal bond and replanting requirement at 719 Trenton, a County Road – County has no objection (Attorney Riordan: County and PPB have concurrent jurisdiction and Shade Tree Ordinance can be enforced; Councilman Vogel: matter was held at last meeting because Shade Tree Commission didn’t have a chance to voice its concern; Councilman Santanello: spoke with plumber at that property – sewer clogs annually because of roots; Councilman Vogel: this is part of the appeal process – there is a need for consistency – should have a policy; Councilman Mayer: have an ordinance – it's being appealed; Attorney Riordan: Commission denied the permit) homeowner doesn’t want to replant the tree anywhere on the property – granting of appeal with respect to permit and denial of appeal with respect to the bond waiver was added as Resolution 4.


Councilman Vogel: Water/Sewer committee is moving forward with meter project; as School Board representative, met with Little League and Bd. of Ed. grounds crew – will work on the fields.

Councilman Cortes: bath house interior is being stained – on target to meet deadline – RFPs are out and there are a couple of really interested people; spoke to Tom Curcio from the County about the Ocean/Arnold light – will send an engineering crew out to change the light sequence, so traffic is not backed up; spoke to John Meehan from JCP&L to remove electricity at old Cooks Ave. pump house location – will move forward at significantly less cost than was quoted years back; last Wednesday, the Environmental Commission held a native plant seminar – Councilman Santanello did a nice job explaining the invasive plant ordinance – Commission has pamphlets available (Anne Lightburn, Commission: will sponsor native plant table at Point Pleasant’s Earth Day event at Riverfront Park).

Councilman Mayer: significant agenda items include the 2017 Budget Introduction, Cap Bank Ordinance and Resolution to Defer School Taxes; asked Attorney Riordan about the ordinance that was authorized to permit free parking at the bath house (Attorney Riordan: will have for next meeting); there is a tax increase in the budget – getting to the tail end of Sandy costs – asked BA/CFO to consider a 25 cent raise in parking rates and give her thoughts to Council.

Councilman Toohey: had a breach at the wall at west end of the Inlet – waiting on DEP to approve the plans for that area, at which point they will reimburse PPB for a full renovation/ reconstruction – hard to swallow the notion of a patch within that concept – BA/CFO Riehl worked on this – asked DEP to expedite approval, so work can begin – they won't pay for a fix until they approve it – the Governor declared a State of Emergency – bids were put out bids for repair – lowest is $42K, which is under the $68K FEMA threshold, so 75% of that is reimbursable – discussed taking $42K out of the bond ordinance, which was set aside to complete the whole project, for a temporary fix to get through the summer – by the time the project gets bid in November, the bond ordinance should be made whole (BA/CFO Riehl: will apply to FEMA for cost reimbursement – it’s not a guarantee – will charge it to the bond ordinance in place for sea wall repairs – if money comes in from FEMA, can reimburse the ordinance – if not, can put supplemental money in place until the money comes in – will be designed to halt wave action and will backfill the entire area prior to installation of permanent sheeting – received 2 quotes; Councilman Mayer: it’s a local public contracts law emergency – need to provide a Declaration of Emergency to the Clerk) authorization for emergency repairs to Bird Construction in the amount of $42K, to start immediately, was added as 1cc.

Councilman Migut: reiterated details of the Animal Welfare Committee spring fundraiser.

Councilman Santanello: authorization to advertise for summer camp positions is on the agenda – have already received applications; been ongoing police training including Special Officer matters, canine, SWAT and Conductive Energy Devise Instruction (Tasers) – police activity in the last 2 weeks includes arrests for DWI and possession of drug paraphernalia and a DWI Enforcement Campaign – reminded all that police will conduct daily house checks for residents on extended vacations and applications are available in the police department – the elderly and those living alone can check in on a daily basis via Operation Outreach – yesterday, he, Lt. Michigan and Sgt. Duffy met with Jenkinson’s management regarding summer security efforts – will speak with Father Bob about St. Peter’s being a secondary muster area – will look for Borough-owned areas also – police and Boardwalk work together.

BA/CFO Riehl: no report.

The Municipal Clerk announced additions and revisions to the agenda.


Elaine Hennessy, PPB: opposes tree removal at 719 Trenton – it’s budding – can ramp sidewalk.
Peter Renner, PPB: appreciates Council/Borough working with the Shade Tree Commission – have planted more than 200 street trees – agrees with Mrs. Hennessy – no reason to cut this tree down – healthy and not hazardous – supports resolution as worded – prefers to replant on Trenton – reviewed Shade Tree procedures – has never been part of an appeal – ZO Petrillo does a wonderful, thorough job – ordinance needs revision so tree can't be removed in winter, when difficult to know if dead.
Dave Cavagnaro, PPB: asked about 1m (Attorney Riordan: lawsuit that arose from a former employee who alleged she was the victim of a hostile work environment – Borough thoroughly investigated the claims and found them baseless – PPB’s insurance carrier hired Attorney Monahan, to represent the Borough – the lawyer and Borough were fully prepared to try the case, but the insurance carrier chose to settle it to save the fees, costs and risks associated with a trial, even though the Borough did nothing wrong – settlement documents state “This is not an admission of liability or acknowledgement of fault, but is made for the sole purpose of terminating the litigation between the parties.”) received 6 or 7 phone calls about it – outrageous, a smear – horrible that an insurance company gets to settle – gives public the illusion that people in this building did something wrong – dedicated employees – asked what can be done to save their reputations (Attorney Riordan: has reached out to Ocean Star and Asbury Park Press and will continue to say what he just said).
Vince Castin, PPB: spoke about the Inlet wall and item 1m.


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 Person-to-Person Transfer ABC Lic 1525-44-008-003, A&P Bev Ctr to Wine Emporium, eff. 3/31
1b Approval of Alzheimer’s NJ Banner Permit application for banner on Arnold & Baltimore, 9/8-22
1c Approval of payment to T&M Assoc from BOA & Developer escrow accounts
1d Approval of S/E application & S/E fee waiver for St Peter PTA Fisherman’s 5K, 4/29
1e Approval of S/E application for Rec Cmte Easter Egg Hunt in Pleasure Park, 4/8 (rain date: 4/15)
1f Approval of S/E application & S/E fee waiver for PPB Little League Parade, 4/22
1g Approval of S/E application for Deborah Flea Market/Craft Show, 617 (rain date: 6/24)
1h Approval of S/E application for MS Coast the Coast bike ride, 5/20
1i Approval of S/E app & S/E & Raffle fee waiver for Fire Co 1 raffle sales/trailer on Bdwlk 5/14-9/17
1j Appointment of A. Fioretti to the Beautification Committee
1k Approval of payment to BTMUA for February bulk water usage ($43,228.23)
1l Approval of PO, payment & ad copy to PPB Public Ed Fdn for 25th Anniv Gala program ($100)
1m Acceptance of executed Release of claims from Docket No. OCN-L-1404-14
1n Authorization to advertise for Summer Camp Director, Assistant Directors & Counselors
1o Approval of Transfers between 2016 Municipal Budget accounts
1p Approval of PO to GRQ Building for repairs to Little League Building ($14,200)
1q Approval of revisions to charges for bulk waste items for pickup and drop-off
1r Approval of Point Lobster’s Banner Permit appl for banner on Rte 35 north of Cedar, 8/19-23
1s Authorization for Gagliano & Co to proceed with appraisal services for 1706 Beacon Ln
1t Approval of PO to All Points for 2017 parking passes ($2,867.30)
1u Support for nationwide UDrive, Utext, UPay Distracted Driving Crackdown – 4/1-4/21
1v Authorization for Attorney to draft amendment to Borough Code 12-1.6 (State Permit Fees)
1w Authorization to acquire Receiver/Subassembly/Radio equip for police radio maintenance (N/C)
1x Approval of PO to All Covered for Microsoft Exchange 360 ($4,209)
1y Promotion of J. Michigan to Police Chief, upon Atty approval of contract & auth. for Clerk to certify same to Civil Service Commission upon approval – REVISED PER CLOSED SESSION
1z Authorization to order street sweeper repair parts from Tennant Company ($9,549)
1aa Approval of amendment to Shared Svc Agmt – 2017 Driving While Intoxicated Enforcement Prog
1bb Approval of curb cuts at 203 Seymour (16’) & 111 Baltimore (per ZO’s recommendation) – ADDED PER DH MEMOS
1cc Award of emergency bulkhead repair to Bird Const ($42K) & authorization to start immediately – ADDED PER CMTE RPTS
2a Approval of computer-generated vouchers ($1,094,912.37)
VOTE: Councilmen Vogel (except 1i, 1l, 1y), Cortes, Mayer, Toohey, Migut, Santanello….YEA
Councilman Vogel (1i, 1l, 1y)….ABSTAIN
Mayor Reid….ABSENT
Per Borough Attorney, assume usual abstentions on item 2a with which Council has conflicts.


Ordinance 2017-05 (Amend Ch 2-13 – Extend Fire Co Applicant Residency Radius to 7 Miles) was considered on second reading. Council President Mayer opened and closed the public hearing with no member of the public wishing to be heard. Motion by Councilman Santanello to adopt Ordinance 2017-05 on second reading was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Santanello….YEA
Councilmen Vogel, Migut….ABSTAIN
Mayor Reid….ABSENT

Ordinance 2017-06 (Cap Bank) was introduced on first reading. Motion by Councilman Mayer to approve Ordinance 2017-06 on first reading was seconded by Councilman Migut and carried by roll call vote. The public hearing will be held on April 4, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA
Mayor Reid….ABSENT

Motion by Councilman Mayer to approve RESOLUTION 3A: to defer $5,979,327 school taxes was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA
Mayor Reid….ABSENT

BA/CFO: budget, as introduced, is $14,933,962.84 – down from $15,150,000.00 last year – increase in taxation is 1.72%/$190,937.00 - less than 1 cent – impact on an average assessed house is $48.81 – under levy cap by roughly $53K (Councilman Mayer: fairly successful last year – didn't fully regenerate surplus – BA/CFO Riehl is projecting we will this year – a big obligation, the Community Disaster Loan, is due next year – in 2012, PPB borrowed $900K from FEMA and the Borough does not meet the requirements for forgiveness – the budget deals with that – are appropriating $1,120,000.00 in surplus, down $180,000.00 – looking into possibility of raising parking rates – Hotel/Motel Tax produced $347K in revenue last year – don’t project that much this year – tourism is a big driver of that – first year since 2012 that PPB is not contributing money to Current Fund from Water/Sewer Surplus – there is a cash oddity with the State PBA contribution with Cpl. Andreyev – there is a larger contribution this year from Open Space Trust Fund toward Borough debt service – have presumed a collection rate of 98.2% – last year, collected 98.4%).
Motion by Councilman Mayer to approve RESOLUTION 3B: INRODUCTION OF 2017 MUNICIPAL BUDGET, was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on April 18, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA
Mayor Reid….ABSENT

Motion by Councilman Santanello to approve RESOLUTION 4: Approval of appeal of permit for tree removal 719 Trenton and denial of bond waiver (ADDED PER DISCUSSION), was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Santanello….YEA
Councilman Vogel, Migut….NAY
Mayor Reid….ABSENT


Kristin Hennessy, PPB: congratulated and wished blessings to Lt. Michigan on his upcoming promotion – knows his dad is looking down from heaven and is proud of this honor; college student was just reported killed in a skateboard accident – glad the issue has been laid to rest; she and the Governing Body received an anonymous letter on March 14th maligning her and her family – she shared it with the police – it states that she was videotaped at a Council meeting – asked if people can OPRA the official tape of the meeting – asked that Governing Body discourage people from bringing personal devices to Council meetings and videoing members of the public, possibly discouraging them from speaking out; warned Councilman Santanello about using the term “brown shirts” to describe Special Officers.
Eric Seaberg, PPB: congratulated Lt. Michigan; showed pictures of Randall flooding – got a few inches pre-Sandy, now getting 2 feet (Councilmen Toohey and Mayer each stepped out briefly).
Dave Cavagnaro, PPB: congratulated Lt. Michigan; appreciates Attorney’s perspective that lawsuits are common, but 3 people have been slandered – asked that Mayor, Council President or Attorney contact the newspapers to write a new story or write a Letter to the Editor; asked about Risden’s RFP – why 80% of lockers are seasonal and why 2-year contract renews in 2018 and 2019; asked about vandalized flag pole at Niblick and Baltimore.
Bob Maloney, PPB: asked about NJ Transit or State plans to fix the Rte. 35/Arnold intersection; asked about cell tower relocation – health hazard (Councilman Toohey stepped out briefly).
Elaine Hennessy, PPB: benches at Fisherman's Memorial are thrown around – should remove them until work is done – need to remove boards before someone steps on them – asked that the useless wind turbine be removed; can't see past JCP&L at the New Jersey Ave. railroad crossing – lights and gates don't always work – that corner is a serious problem – reiterated her objection to a white vinyl fence; asked what's happening on Harvard (Councilman Vogel stepped out briefly).
Vince Castin, PPB: asked about the Coast Guard Station – Council and the community should press for it to be a museum; Miss Hennessy’s anonymous letter is disgraceful; 1m doesn't seem right.


Motion to adjourn by Councilman Migut was seconded by Councilman Cortes and carried by consent of Council. Meeting was adjourned at 9:21PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published April04, 2017 | Council Minutes | 2527

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