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May 30, 2017

Council Meeting Minutes

Mayor Reid called the meeting to order at 7:30PM. Also present were Councilmen Cortes, Mayer, Migut and Santanello. Councilman Vogel arrived at 7:31PM. Councilman Toohey arrived at 7:56PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

FLAG SALUTE & INVOCATION

The Clerk announced an amendment to the May 16, 2017 Council Meeting minutes. Motion by Councilman Mayer to approve the May 16, 2017 Council meeting minutes, as amended, was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Migut ….YEA
Councilman Santanello….ABSTAIN
Councilman Toohey….ABSENT

DISCUSSION: Harvard Avenue Repaving Contract

Councilman Cortes: spoke to Engineer Savacool and BA/CFO Riehl about resident Al Varosi’s call in reference to ponding near him – would require a change order in the amount of about $17K, which is still under the grant amount – would not affect improvements on Yale and Baltimore and would be cost effective, with equipment already staged – approval of change order was added as item 5y.

COMMITTEE REPORTS:

Councilman Vogel: Chamber Art walk is downtown on June 3rd; need to determine if DPW or residents should be cutting the grass south of Blodgett Ave, by Lake of the Lillies; his friend was struck on a bike – cyclists should follow the rules of road but all should be alert, especially in the warm weather; for the 100th anniversary of the start of WWI, draft registration cards are online; despite negative video on social media, the Coast Guard and PPB police do an outstanding job – good people deserve credit.

Councilman Cortes: DOT is doing grade crossing work on Atlantic Ave June 15-22, 7AM-7PM – no need for detour – they wanted to do Arnold Avenue in August but BA/CFO Riehl said no; Little Silver Lake and Lake of the Lillies have been treated for algae; comfort station roof leak will be addressed; Borough Hall improvements are under way; bike racks are out; fence is up at the Inlet breach; needs an update from BA/CFO Riehl about the Cooks Avenue property pole removal; Mr. Leach has sold 10-12 seasonal lockers and has a breakfast menu at Whitecaps.

Councilman Mayer: Mayor Reid arranged a meeting with the Chamber and Councilman Vogel about the cost of the Seafood Festival – Chamber is covering all police, DPW and garbage disposal costs; referenced item 1i – PPB periodically buys sand through the Ocean County Schedule C program, which offers good rates, but a mason suggested using blue stone under the sand, as it doesn’t wash away; asked about item 1s (Attorney Riordan: AT&T was approached by another telecommunications company to sublease space on the tower in the Little Silver Lake lot – needs the Borough's permission – Borough would get twice the rent – subtenant will pay rent to AT&T, who will forward it to PPB); in Resolution 1w, cutoff date for the Parking Authority to provide information should be changed from June 1st to June 12th and resolution should be conditioned upon introduction, not upon approval.

Councilman Migut: Planning Board approved Marlin’s outdoor deck – distributed renderings – consistent with the Master Plan, which encourages open-air porches – conditions were imposed due to neighbors’ concerns (Councilman Vogel: with reference to their upcoming ABC extension application, suggested the same conditions that were imposed at Shipwreck Point); asked Mayor Reid to replace Board Member Paesano, as he has not attended a meeting this year (Mayor Reid: instructed the Clerk to ask Board Secretary Mills to send Mr. Paesano a letter, asking if he still wants to be a member).

Councilman Santanello: Walk with the Mayor is this Friday – all participants will be treated to breakfast at Whitecaps Cafe; kudos to Police, First Aid, EMS during the Boat Race and Memorial Day Weekends – Class II Special Officers Giuseppe Diana, Carmelo Sorce, Michael Augun, Andrew Mueller, Anthony Palovick, Nicholas Swanson & Allison McCabe received top awards at the May 16th Ocean County Police Academy graduation – police training over the past 2 weeks included canine, critical incident command, firearms law & applications and conflict resolution – 30 arrests included disorderly conduct, DWI, possession of marijuana/heroin/cocaine/drug paraphernalia/alcohol underage, simple assault, trespassing, harassment and providing false information – 50 borough ordinance violations included drinking in public, urinating in public and failure to yield to pedestrians – there were 714 parking tickets on Memorial Day Weekend – 24 motor vehicle accidents – officers assisted the US Coast Guard and State Police with the fatal accident at the Boat Races and the Coast Guard sent a letter praising the department, especially Sgt. Daniel – good police interaction with the public is being promoted on Facebook – mostly families were in town on Memorial Day Weekend – quite an improvement over last Memorial Day; distributed an article about the Seaside Heights drone ordinance – Chief is interested in this (Chief Michigan: as drones become more popular, will have them flying overhead every day, causing safety concerns – would like to get ahead of it and impose some restrictions; Mayor Reid: asked Councilman Santanello to reach out to Mayor Vaz for the ordinance) – authority for the Attorney to draft a drone ordinance was added as item 5z (Councilman Toohey arrived at 7:56PM).

Councilman Toohey: complimented the job done by the Chief this weekend; spoke about incentivizing homeowners to allow the Fire Department to train on their houses – Brielle has a similar ordinance that waives demolition fees – suggested pursuing this.

Mayor Reid: reiterated the great job done by the Police, First Aid and Fire Department during the Boat Race and Memorial Day Weekends; 12 US Bank people will sand, scrape and repaint the gazebo near the baseball field in June; the Smith boat (which sank during the races) was lifted today; rocking chairs will be put up by the weekend – 5 by Whitecaps and 6 at the Inlet – paid for by donation – bought at the local hardware store; the days leading up to the Boat Races were great for the town – tragedy struck – guaranteed that the races would be held in PPB next year – the racers and the Borough want it; the swing set he has been talking about will be delivered and put up this week – cost was mostly donated by through the Community Endowment Fund; DPW has done a great job at the park and around town the last few weekends; have been complaints about plantings at the AT&T tower – asked that they be ripped out, replanted and watered by DPW or the Shade Tree Commission; Memorial Day Service and Bike Parade were great; PPB commercial was shot a couple of weeks ago – in June, 140 spots will be broadcast on Channel 12 from Ocean to Bergen and Sussex Counties – Chamber paid for the taping – Borough will pay for the time allotted – is intended put the town’s best foot forward and to bring in families – when he is interviewed all over the State, people say that they love PPB – it’s easy to talk about what is great.

The Municipal Clerk announced additions/revisions to the agenda.

PUBLIC PARTICIPATION BEGAN AT 8:09PM.

Dave Cavagnaro, PPB: asked about 1s and about Ord 2017-16.
Vince Castin, PPB: asked about items 1s and 5l; commented on comfort station hours and need for a sign; thanked Governing Body for coming out on Memorial Day – quoted General Patton.

PUBLIC PARTICIPATION ENDED AT 8:17PM.

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.
CONSENT RESOLUTION 1:
1a Approval of S/E application for Alzheimer’s Association Memory Walk on 9/23
1b Approval of S/E application & S/E fee waiver for Chamber’s Festival of the Sea 5K on 9/16
1c Approval of S/E application for ACS Making Strides Against Breast Cancer Walk on 10/15
1d CONSIDERED SEPARATELY AS RESOLUTION 4 – PER 5/16 CMTE RPTS
1e Approval of S/E application & S/E fee waiver for Chamber’s Christmas Tree Lighting on 11/24
1f Denial of S/E application for Warhorse Scuba’s Walk for Veteran Suicide Awareness on 7/22
1g Approval of payment of Payroll #10 ($246,835.17)
1h Approval of PO to Devo & Assoc for E-Lock replacement, printer & repairs ($3K)
1i Approval of payment to the OC Road Dept for Schedule C costs through March ($9,986.99)
1j OMITTED
1k OMITTED
1l Approval of payment to Hudson County Motors for sanitation truck ($231,938)
1m Approval of release of perf bond, less maint bond, to Lombardi Residential for 207-209 River
1n Approval of payment to OC Landfill for tipping fee escrow ($50K)
1o Approval of PO to JR Henderson Labs for water testing for Apr-Dec ($2,700)
1p Appointment of P. Ardizzone to the position of seasonal comfort station attendant
1q Appointment of M. Nowacki/Reappointment of R. Pizzi to position of seasonal DPW laborer
1r Approval of PO for street sweeper, upon adoption and effective date of Ordinance 2017-11 – REVISED PER 5/16 CMTE RPTS
1s Authorization for AT&T to sublet space on their seasonal tower, with the Borough receiving from AT&T a sum equal to the same rental rate for each such subtenant per year
1t Approval of PO to Lasting Lines for line painting throughout town (NTE $20K)
1u Approval of payment to Riggins for diesel fuel for DPW ($3,357.01)
1v MEMORIALIZATION of approval of taxi licenses – 1 driver/2 vehicle for Squan Taxi & 1 driver/1 vehicle for Briggs
1w Approval of LFB application to dissolve the Parking Authority, upon introduction of Ordinance 2017-13 & 2017-14 – REVISED PER 5/30 CMTE RPTS
1x Recognition of National EMS Week
1y Appointment of 5 Summer Park Program Head Counselors & 10 Counselors
1z MEMORIALIZATION of approval of S/E app for PPB Farmers Market Cmte for Farmers Market, Sundays 5/21-10/29
CONSENT RESOLUTION 2:
2a Approval of payment to the PPB Historical Society for annual donation ($500)
2b Approval of S/E application for Cystic Fibrosis Fdn Walk on 6/10 (rescheduled from 5/13)
2c MEMORIALIZATION of approval of S/E application for St. Peter School PTA to sell raffle tickets on Bdwlk until 9/25
2d Approval of curb cut at 206 Central, contingent upon it being centered on garage doors, not on the lot – ADDED PER 5/16 CMTE RPTS
2e Approval of curb cut at 306 Carter, per ZO’s recommendations – ADDED PER 5/16 CMTE RPTS
2f Approval of curb cut at 305 Newark, per ZO’s recommendations – ADDED PER 5/16 CMTE RPTS
CONSENT RESOLUTION 3:
3a HELD, PER 5/16 CMTE RPTS
3b Approval of payment to Major Police Supply for emerg lights for police transport van ($2,545.37)
3c Approval of PO to Edwards Tire Co for 6 replacement firetruck tires ($3,582.20)
3d Approval of pymnt to McNamara Screenprint & Embroidery for summer PD uniforms ($10,112)
3e Support for Click it or Ticket Mobilization
3f Approval of PO to Winner Ford for police interceptor utility vehicle ($34,955)
3g Approval of computer-generated vouchers ($312,414.91)
RESOLUTION 4:
Approval of S/E application for Chamber’s Festival of the Sea on 9/16 – MOVED FROM ITEM 1D PER 5/16 CMTE RPTS
CONSENT RESOLUTION 5:
5a Approval of payment to BTMUA for April bulk water usage ($58,249.38)
5b Approval of payment to Riggins for DPW gas & diesel fuel ($14,540.26)
5c Approval of payment of Pay Cert #4 to Altec Bldg Systems for NJ Bath house rehab ($97,767.15)
5d Approval of PO to Custom Env Tech for 40 bags of Zetalyte for the W/S Dept ($4,293)
5e Approval of payment to All Points for parking pass printing/mailing/postage ($2,853.59)
5f Denial of Special Event application for Dance NJ Flash Mob on Bdwlk on 6/29
5g Approval of Special Event for Jett Fdn Bike Parade on Arnold Ave to the ocean on 7/28
5h Approval of Special Event & S/E fee waiver for DAV Forget-Me-Not sale on Bdwlk, 6/29-9/7
5i Appointment of N. Kraus to the P/T position of Seasonal Data Entry/Filing Office Asst. in Court
5j Appointment of T. Brogan to the position of seasonal DPW laborer
5k Approval of payment to Whitecaps Coastal Creamery for reimb for electrical updates ($3,500)
5l Approval of PO to Burke Environmental for tree installation on Arnold & Richmond ($4K)
5m Approval of Payroll #11
5n Approval of release of dumpster bond for 5 Brunswick Place
5o Approval of release of dumpster bond for 111 Riverside Place
5p Approval of release of performance guarantee & inspection fees for 802 Grove St
5q Approval of release of performance guarantee balance & inspection fees for 812 Walnut St
5r Approval of payment to D. Sweet from BOA escrow accounts
5s Approval of payment to T&M Assoc from BOA & Pl Bd escrow accounts
5t Approval of payment to Galvin Law Firm from BOA & Pl Bd escrow accounts
5u Approval of payment to Devo & Assoc for bill acceptors, printers & cancel boards ($15,347)
5v Approval of pymt to Altice Media Solutions for celebration of public events – June 2017 ($6,660)
5w Approval of S/E application for Summertime Surf School 6/26-6/30 (revised from 6/19-6/23)
5x Approval of release of dumpster bond for 102 Dartmouth Avenue
5y Approval of change order to Harvard Avenue Repaving contract (less than $18K) – ADDED PER 5/30 DISCUSSION
5z Authorization for Borough Attorney to draft drone ordinance – ADDED PER 5/30 CMTE RPTS
CONSENT RESOLUTION 6:
6a Approval of PO to TESSCO for 2 cell antennae for the PD ($2,872.24)
6b Approval of payment CDWG Inc for Panasonic Toughbook for PD ($4,600)
6c Approval of payment of computer-generated vouchers ($1,237,308.68)
VOTE: Councilmen Vogel (except 3,4, 6), Cortes, Mayer (except 3f), Toohey, Migut,
Santanello (except 2d)….YEA
Councilmen Vogel (3,4,6), Mayer (3f), Santanello (2d)...ABSTAIN
Per Borough Attorney, assume usual abstentions on item 3g & 6c with which Council has conflicts.

ORDINANCES:

Ordinance 2017-11 (Multi-Purpose Bond) 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 2017-11 on second reading was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2017-12 (Water/Sewer Utility Bond) was considered on second reading. Mayor Reid opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Vogel to close the public hearing and adopt Ordinance 2017-12 on second reading was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2017-13 (Dissolution of Parking Authority) was introduced on first reading. Motion by Councilman Migut to approve ordinance 2017-13 on first reading was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on June 20, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Migut, Santanello….YEA
Councilman Toohey….NAY

Ordinance 2017-14 (Creation of Parking Services Agency) was introduced on first reading. Attorney Riordan read amendments since the draft was included in the May 16, 2017 Council agenda packets. Motion by Councilman Santanello to approve ordinance 2017-14 on first reading was seconded by Councilman Migut and carried by roll call vote. The public hearing will be held on June 20, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2017-15 (Updating Municipal Beach Regulations) was introduced on first reading. Attorney Riordan read amendments since the draft was included in the May 16, 2017 Council agenda packets. Motion by Councilman Migut to approve ordinance 2017-15 on first reading, as amended, was seconded by Councilman Toohey and carried by roll call vote. The public hearing will be held on June 20, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2017-16 (Vacation Portion of Land Pursuant to Resolution of Boylan Litigation) was introduced on first reading. Motion by Councilman Migut to approve ordinance 2017-16 on first reading was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on June 20, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Ordinance 2017-17 (Amending Definitions in Development Ordinance) was introduced on first reading. Motion by Councilman Migut to approve ordinance 2017-17 on first reading was seconded by Councilman Toohey and carried by roll call vote. The public hearing will be held on June 20, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

PUBLIC PARTICIPATION BEGAN AT 8:31PM.

Nick Stevens, PPB: operated a Boardwalk booth for 31 years – lost it with the redesign of the Aquarium – asked that the Borough assist him with some space – distributed depiction of what he wants.
Dave Cavagnaro, PPB: complained about street lights that are out; asked who designed Inlet repair specs/who is responsible for the breach and how much it cost taxpayers to have boats in Silver Lake lot.
Vince Castin, PPB: asked who would be responsible for ticketing people after 6PM on the beach.

Attorney Riordan: Spillman litigation settlement needs to be approved.
Motion by Councilman Mayer to approve RESOLUTION 7: Approval of Spillman litigation settlement was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA
Councilman Vogel….ABSTAIN

PUBLIC PARTICIPATION ENDED AT 8:46PM.

Motion to adjourn by Councilman Migut was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 8:46PM.



ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published June21, 2017 | Council Minutes | 2595


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