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August 1, 2017

Council Meeting Minutes

Mayor Reid called the meeting to order at 7:05PM. Present were Councilmen Cortes, Mayer, Toohey, Migut and Santanello. Councilmen Vogel was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.” The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.

The Municipal Clerk read the Resolution for Executive Session: “Whereas, Section 8 of the Open Public Meetings Act permits the exclusion of the public from a meeting in certain circumstances; and whereas, this governing body is of the opinion that such circumstances presently exist. now, therefore, be it resolved by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows: the public shall be excluded from discussions concerning the hereinafter specified subject matter; the general nature of the subject matter discussed is as follows: three personnel matters. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.”
Motion by Councilman Migut to enter Executive Session was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello ….YEA
Councilman Vogel….ABSENT

CLOSED SESSION BEGAN AT 7:06PM AND ENDED AT 7:20PM

Mayor Reid called the regular meeting to order at 7:33PM. 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

PROCLAMATION: Mayor Reid thanked Dr. Caesar DePaco & Mrs. Padovani-DePaco for their contribution of the Borough’s police dogs. Council President Mayer presented them with a proclamation.

Motion by Councilman Migut to approve the July 18, 2017 Council meeting minutes was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer (except during his recusal), Toohey, Migut, Santanello….YEA
Councilmen Vogel and Mayer (during his recusal)….ABSTAIN

PRESENTATION: Verizon Wireless on using poles in public right-of-way (ROW).
Mayor Reid: previous presentation addressed what is needed to service 4G in PPB – met with Tilson Technology Management last week about poles needed and maps – 33 of the 36 poles already exist – asked representatives to explain the project and answer questions.
Kathryn Windsor, Site Acquisition Specialist, Tilson Tech Mgmt: most people are connected through electronic devices and technology has grown exponentially, putting a strain on the network – trying to address “sector exhaust” by placing small network nodes on infrastructure in the ROW – gave handouts with a broad overview, FAQs and proposed map with node locations – invited questions (Councilman Cortes: asked about addresses, as poles numbers aren't included) addresses are as close as they can get (Councilman Toohey: asked how many nodes are currently in PPB – has had no connectivity issues as a Verizon user – and if the network stress is outside PPB) none – increased PPB population in summer strains the network – macros are starting to exhaust – there is at least one macro in PPB – looking to roll out 5G in a couple of years – this infrastructure would be the backbone for that (Councilman Cortes: asked if they are in other shore towns) working with most NJ municipalities [Michael Bradley, Site Acquisition Consultant, Network Building & Consulting (NB&C): Verizon will use their existing land line poles – JCP&L won't let Verizon attach cabinets to their poles, as equipment must be above the flood zone; Councilman Cortes: asked the size of cabinets on Verizon poles – they require power from JCP&L – asked if they’re meter mounted on the cabinet or pole; Mark Freeman (NB&C): don't have information on size – meters are not accessible to people walking by (Councilman Toohey: asked if nodes are only for Verizon customers) yes (Mayor Reid: asked if other companies ask for the same thing) theoretically – not aware of many instances that the footprints overlap (Councilman Toohey: asked if other companies would avoid PPB) pole mounted installations are co-locatable with other carriers (Mayor Reid: AT&T put up a pole already – wonders if they'll be back next year asking for poles – asked about electromagnetic fields) radio frequencies are well below FCC standards for exposure – safe installations – deployed near schools and residential areas – will provide more information (Councilman Toohey: asked if Verizon’s request is to support its network or to remain competitive – if PPB only supports Verizon, would be giving them a leg up – doesn’t see the network struggling) this is strictly based on need – not trying to get a leg up on anyone – engineers have run data showing a tremendous need in PPB (Mr. Bradley: radio frequency engineers can provide that data) users may not see the network struggling – looking at growth, dropped calls, etc. (Attorney Riordan: asked if NJ League of Municipalities has a position on this – statutes require municipal consent and permit an agreement with municipalities – asked for suggested terms and conditions) can't specify the League’s position – will send a template agreement for redlining (Councilman Toohey: asked about the permitting process; BA/CFO Riehl: they’d have to secure appropriate permits through the Building Dept) they go through all local channels, provide insurance, permitting fees, etc. (Mayor Reid: asked what is in it for PPB) it’s a public safety issue for Verizon customers – calls to officials could be dropped in an emergency if the sector is compromised – per statute, PPB is entitled to reasonable administrative costs for reviewing this – not entitled to charge rent (Councilman Toohey: PPB has a wireless communication ordinance; Mayor Reid: Declan O’Scanlon, the Borough’s wireless consultant will look at all of this – this is just a start of the full discussion – maybe two meetings from now experts can come back; Attorney Riordan: some sections of the ordinance are pre-empted by State statute; Councilman Mayer: asked if there would be ground boxes also) yes – a combination (Mayor Reid: doesn't want battery packs on front lawns; Mr. Bradley: not proposing that in PPB because of flood zone; Councilman Cortes: counts only 4 nodes west of the tracks – targeting the summer beach area) ground cabinet are only in one scenario – they do all they can to ensure they are not in front of houses and take reasonable efforts to conceal (Councilman Cortes: asked if they would be between curbs and sidewalks) yes (Mayor Reid: thanked them for coming – will talk with consultant and have them back).

DEPARTMENT HEAD MEMO:

BA/CFO Riehl RE: addressed request for authorization to use CDBG funds for new/replacement sidewalks on local roads and to advise County of desired locations for construction – have been awarded CDBG grant money for sidewalk improvements at the Ocean/Maryland intersection – DOT did it – have approximately $33K funds to use for about 400 linear feet in that designated target area – Engineer Savacool suggested alternate locations – could extend the sidewalk up Maryland to the end of 7-Eleven and up Delaware behind Marlins – could complete the sidewalks on the 200 block, south side, of Carter – could improve the handicap ramps on the east side of Elizabeth and Ocean (Mayor Reid: really likes the suggestion around 7-Eleven; Councilman Cortes: asked about looking into putting a handicap depression in the sidewalk that goes into the cul-de-sac; Chief Michigan: agrees with the Mayor – he just put a crossing guard there) consensus to go with Engineer Savacool’s recommendations.

COMMITTEE REPORTS:

Councilman Vogel: Shade Tree planted 4 of 5 trees on Arnold – Pete Renner stepped down from the Commission, but is out there watering – cleaned up trees and brush on Rte 35S – thanked Mayor Reid and BA/CFO Riehl, on Commission’s behalf, for supporting these projects; spoke to Brielle Councilman Shaak – has been continued bridge work during the summer (Mayor Reid: it’s been a nightmare – will make another call tomorrow); Sidewalk Sales are August 10-12, downtown; had a request from a resident of the old Seacourt Condos for trash and recycling cans in that area; reminded all that bike safety is important and to ride with traffic; had a Water/Sewer Committee meeting about the metering project – PPB’s ordinance differs from many other towns, with homeowners’ responsibility extending into the street – will look into that; Liberty Ln is in bad shape around the storm drain; would like to honor Veterans and Active Duty Personnel with Reserved Parking in Silver Lake Lot (payment still required) – first five spots closest to Arnold – would be on an honor system – consensus to add as item 1x and memorialize annually.

Councilman Cortes: recognized employee anniversaries for August – Patricia Kile 5 years, Gerald Quaglia 21, Bob Goessel 25 & retiring, James Broyles 36; the Environmental Commission is working with Sustainable Jersey on local food production and more recycling – the Recycling Coordinator will be at the next Commission meeting; there is poison ivy at the Seacoast Oil property, so the electrician is on hold; there is a hole in the storm drain on New York Ave (BA/CFO Riehl: PPB is now owns the Seacoast property, as the foreclosure has been executed; Mayor Reid: will take it down and put something up).

Councilman Mayer: doesn't understand recycling numbers – Pete Ritchings will look at it how amounts are arrived at by the County and State and how to maximize them – concerned with residential recycling and the comingled system – should support the Environmental Commission in increasing awareness of residential and commercial recycling – PPB produces a lot of beer bottles and cardboard; thanked Attorney Riordan for getting the Seacoast foreclosure done – will be pursuing other grants and will be more testing – will probably lead to a clean-up, as there was petroleum spillage there years ago; asked the Finance Committee to talk about the Parking Authority (PA) numbers – removal of their revenues over the years has been tragic – at the end of their 2009 fiscal year, they had almost $300K in the bank – at the end of 2016, it was down to $20K+ and it is lower now – their average expenditures are about $70K/year – the PA appropriation in this years’ budget is $10K – if the PA is not dissolved, will need an emergency appropriation, to be funded next year, together with their current year appropriation next year – failure to dissolve the PA will probably result in 1/2 cent on the tax rate next year.

Councilman Toohey: is excited about the second reading of Ordinance 2017-20 – came out of a Board of Fire Officers meeting a few months ago – he has worked hard, talking to Councilmen from other municipalities and had the help of some colleagues – thinks the firemen are happy.

Councilman Migut: Planning Board meets tomorrow on an application for a 2-lot subdivision on Oceanfront; asked BA/CFO Riehl to notify DPW Super. Trout about a pothole on Elizabeth and St. Louis; he sees the trolley go by his house – there are always people on it – it’s a great thing.

Councilman Santanello: reported on police activity since the last Council meeting – training included SWAT and Raid Safety – there were numerous criminal arrests and ordinance offences, DWI patrols, traffic enforcement details in residential areas and on the highway – concerns at McLean Ave have been addressed – Failure to Yield to Pedestrians enforcement has increased at Ocean Avenue and the Boardwalk – a Special Officer is serving as a crossing guard at Rte 35 and Maryland Ave for the remainder of the season, after some complaints – CBS News did a story on juveniles using the railroad bridge by Gull Island Park as a diving board (Mayor Reid: Chief did great job with the interview) highlighted safety concerns – in light of recent tragedies, reminded all that no one should be in the water after hours or on unguarded beaches.

Mayor Reid: Carly Riehl is the current visiting artist, with amazing work hanging in the building; the Thursday night concert at the Band Shell is the Ruckus band – it’s a fantastic show, followed by the fireworks at 9PM; has spent a lot of time on the Boardwalk this year, day and night – is happy with what he is seeing – a lot of families – new businesses – businesses are having a good year; a year ago, he met with Brandi (with Sea Turtle Recovery) – they save sea turtles and rehabilitate them at the Turtle Back Zoo – on August 8th, at 9AM at Jenkinson’s, they will be releasing at least one back into the ocean – this is the first time a rescued sea turtle will have been put back in the ocean in New Jersey – hopes there will be another release at the end of summer – will be a fund raiser for this group – very exciting.

BA/CFO Riehl: went out to bid on BAN for $8.7M – received three bids – was awarded to Jefferies at 1.309% – note will roll over a year from now – no new money was added – was roughly $1/2M in pay downs (Mayor Reid: received a call from the NY Times for a story about how bad shore towns are doing financially – told them that PPB is doing pretty good) had refunding and capital bond ordinances to fund Sandy expenditures – totaled just shy of $10M – have received about $6M of that, so far, from FEMA – have retired one Sandy debt of $5.2M– still outstanding on the $4.3M issue, which is part of this note rollover – was authorized to apply for 10% matching non-Federal share, roughly $330K, and it came through last April (Councilman Toohey: the work done on the Community Disaster Loan through the years was huge; Councilman Mayer: BA/CFO Riehl spent a lot of time on it; Mayor Reid: Finance Committee has done a great job keeping PPB in a very good light; Councilman Mayer: our ratables are almost back to what they were) also had a Bond rating upgrade.

The Municipal Clerk announced revisions to the agenda.

PUBLIC PARTICIPATION BEGAN AT 8:38PM.

Dave Cavagnaro, PPB: disappointed that Tilson had no handouts for the public – this second presentation was even more confusing than the first – thanked Councilman Toohey for his probing questions – Verizon is currently on top of the Jenkinson’s Pavilion building – public should be notified if Tilson comes back – and they should have handouts for the public – doesn't see the need for this.
Vince Castin, PPB: agrees with Mr. Cavagnaro; asked about trees on Chicago and the dead tree on Arnold; street sign is down on Sanborn and Baltimore; asked about item 1o.

PUBLIC PARTICIPATION ENDED AT 8:43PM.

Councilman Cortes: asked about item 1i (Mayor Reid: met with Local 825 – concerned about houses being lifted and cranes operated by people not classified to do the work – they are worried about safety – consensus to pull until Attorney Riordan can review); asked about item 1r (BA/CFO Riehl: generator in the Water Plant – received a $210K post-Sandy grant for it – have had OEM and Police involved throughout the project – current one has been there for 50 years; Councilman Toohey stepped out briefly).
Motion by Councilman Migut 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 Authorization for Bond Counsel to draft a bond ordinance for Imp to Parkway Phase I & II
1b Approval of 8 W/S relief requests
1c Approval of payment to C. Barritta from BOA escrow accounts
1d Approval of payment to T&M Assoc from Pl Bd & BOA escrow accounts
1e Approval of S/E application for PP 1st Aid & Emergency Squad Monster Dash on 10/28
1f Approval of payment to Galvin Law Firm from Pl Bd & BOA escrow accounts
1g Approval of payment to BTMUA for June bulk water usage ($127,476.56)
1h REMOVED FOR FURTHER DISCUSSION
1i HELD FOR ATTORNEY REVIEW
1j Memorialization of partial Pay Cert 2 payment approval to Journey Contracting for Mun. Bldg roof
& window repair ($51,643.88)
1k Approval of remainder of payment of Pay Cert 2 to Journey Contracting for Mun. Bldg roof &
window repair ($5,500)
1l Approval of payment of Payroll #15 ($341,712.82)
1m Approval of payment to OCUA for 3rd Q sewerage payments ($305,707.50)
1n Approval of payment to the OC Treasurer for 3rd Q County tax levy ($2,129,321.13)
1o Approval of payment of Pay Cert 5 to Altec Bldg Systems for NJ Bath House Rehab ($19,128.70)
1p Approval of S/E appl for Antrim PTO raffle sales on Bdwlk, M-Th, until Labor Day, Fri-Sun after
1q Approval of payment to D. Sweet from BOA escrow accounts
1r Authorization for T&M to bid Emergency Generator Replacement Project
1s Approval of payment to GRQ Building for DPW garage doors ($20K)
1t Approval of payment of computer-generated vouchers ($2,624,062.06)
1u Approval of PO to Johnson Baran for Yale & Baltimore Roadway Reconstruction ($15,975.20)
1v Appointment of Lt. Duffy to the rank of Provisional Captain, eff 8/2/17 – CLOSED SESSION ITEM
1w Authorization to certify Police Officer list – CLOSED SESSION ITEM
1x Authorization to install Reserved Parking signage for Vets & Active Duty Personnel in Silver Lk lot – ADDED PER CMTE RPTS
VOTE: Councilmen Vogel (except 1e, 1v & 1w), Cortes, Mayer, Toohey, Migut, Santanello ….YEA
Councilman Vogel (1e, 1v & 1w)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 1t with which Council has conflicts.
Councilman Mayer asked Chief Michigan to extend congratulations to Captain Duffy.

ORDINANCES:

Attorney Riordan: procedurally, Ordinances 2017-13 and 2017-14 need to be put back on the table. Motion by Councilman Mayer to put Ordinances 2017-13 and 2017-14 back on the table for discussion was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Vogel, Mayer, Toohey, Migut, Santanello….YEA
Councilman Cortes….NAY
Motion by Councilman Santanello to adopt Ordinance 2017-13 (Dissolution of Parking Authority) and Ordinance 2017-14 (Creation of Parking Services Agency) was seconded by Councilman Mayer and DEFEATED by roll call vote:
VOTE: Councilmen Vogel*, Mayer**, Santanello*****….YEA
Councilmen Cortes, Toohey***, Migut**** and Mayor Reid******….NAY
*Responsibility is to the taxpayers – can operate similarly in a more fiscally-responsible way.
**Not a reflection on the PA – have done a good job with what they have.
***Taxpayers’ savings is not enough to add important lots into the mix of the municipality’s priorities.
****Thanked Councilmen for their work– not worth the anxiety of the downtown merchants.
*****Nothing personal – has all the respect in world for the PA
******Appreciates Council’s work – PA members do an amazing job – doesn’t see the savings.

Mayor Reid opened the public hearing on Ordinance 2017-20 (Amend Ch X11-Waive Demo Fees for Fire Training), with no member of the public wishing to be heard.
Motion by Councilman Migut to close the public hearing and adopt Ordinance 2017-20 was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey, Santanello….YEA
Councilmen Vogel, Migut….ABSTAIN

Motion by Councilman Migut to approve Ordinance 2017-21 (Amend Salary Ordinance) on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on August 15, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Councilman Santanello: talked to merchants – most are ambivalent – concerned about the reference to Nobles (Attorney Riordan: Scribner’s error – will remove) would like to hear from other area merchants and the Chamber – concerned about setting a precedence – would be more comfortable with 30-minute spots (Mayor Reid: met with Nobles, a convenience store – thinks it's fair for all area businesses – talked to the Chamber – thinks this was done before – shop has been there for many years – an opportunity to help – the spot on Broadway is not needed – removal will help that area as well; Councilman Vogel: asked if it will create confusion from an enforcement perspective; Councilman Cortes: as Arnold is a County road, asked if County would have to be involved; Attorney Riordan: ordinance will have to go to the County before second reading; Mayor Reid: asked for change to 15-minute parking 5AM-3PM).
Motion by Councilman Migut to approve Ordinance 2017-22 (Eliminate 2 15-min. parking spots on Broadway & add 2 15-min. spots on Arnold), as amended with elimination of reference to Nobles and change of times, was seconded by Councilman Mayer and carried by roll call vote. The public hearing will be held on August 15, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut….YEA
Councilman Santanello…NAY

Councilman Toohey: some would ignore the directive to seek Council approval on curb cuts, build a curb cut that didn’t meet PPB requirements and then ask for approval – this would prohibit other applications prior to submission of a curb cut application (Attorney Riordan: explained the ordinance as drafted and suggested changes – discussion ensued regarding Board of Adjustment approvals and recommendations; Councilman Migut: Attorney Riordan should consult with Board Attorney Galvin).
Motion by Councilman Toohey to TABLE Ordinance 2017-23 (Require Simultaneous or Prior Application for Curb Cut & Other Permit Application) was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA
Motion by Councilman Migut to approve Ordinance 2017-24 (Replace Reference to BOCA Code with ICC) was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on August 15, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Councilman Migut stepped out.

PUBLIC PARTICIPATION BEGAN & ENDED AT 9:18PM
WITH NO MEMBER OF THE PUBLIC WISHING TO BE HEARD

Motion to adjourn by Councilman Vogel was seconded by Councilman Toohey and carried by consent of Council. Meeting was adjourned at 9:18PM.



ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published August15, 2017 | Council Minutes | 2627


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