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October 3, 2017

Council Meeting Minutes

Mayor Reid called the meeting to order at 7:29PM. Present were Councilmen Vogel, Cortes, Mayer, Toohey, Migut and Santanello. 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.”

Flag Salute & Invocation

Motion by Councilman Migut to approve the September 19, 2017 Council meeting minutes was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Migut, Santanello….YEA
Councilman Toohey…ABSTAIN


Police Sergeant Kyle E. Grace was administered the oath by Clerk Farrell. Chief Michigan: Sergeant Grace has done an outstanding job as Police Officer for years – a hometown kid – the Grace family has had a huge impact on so many lives in the community – Coach Grace was his football coach – is really proud to have Kyle as a sergeant – he is definitely a leader, who has dedicated his life to the town and the Fire Department, as well as the Police Department.


Mayor Reid presented a proclamation, recognizing United Nations Day, to Patricia Sullivan, Woman’s Club of Point Pleasant.
Mayor Reid presented a proclamation, in recognition of Friends of the Library Week, to Matthew Willbergh, Branch Manager-Point Pleasant Beach, Ocean County Library.


Councilman Cortes: discussed the curb cut request at 46 Niblick Street – the southeast corner of Boston and Niblick – he looked at it and spoke to the Chief about it – he has no problem with it – approval of 16' curb cut was added as item 2d.

Councilman Cortes: discussed the curb cut request at St. Peter Church, St. Louis Avenue – will lose a designated handicap spot, but it is for a handicap ramp – Councilman Santanello will speak with Father Bob about requesting another handicap spot – approval for the curb cut was added as item 2e.

BA/CFO Riehl: discussed the Little Silver Lake Dredging Bid – low bid came in more than $400K over budget – were anticipating $2.1M for construction – came in at $2.434M – there are soft costs on top of that – spoke to Engineer Savacool about going back out to bid or amending the ordinance to include the larger appropriation – dewatering, excavation, transportation and disposal was roughly $100K higher than expected – mobilization clearing was $110K higher – the biggest difference was the tide gate being constructed at Boston Ave., which was $180K over – his professional estimation would be to dredge less in order to lower the bid – but that is not the goal – the first reading of Ordinance 2017-27 to cover the additional costs is on tonight’s agenda (Mayor Reid: asked why the spoilage disposal costs so much) must lower the lake, dry excavate, dewater at the parking lot and truck it out – this is running through the EIT program, which offers 50% principal forgiveness (Councilman Cortes: agrees that dredging is needed, but has a problem with the $450K difference – asked if Mr. Savacool ran off a comparison of previous dredging contracts or bids – maybe more research is needed (Mayor Reid: not happy about it – asked what could be done; Councilman Toohey: 20% is contingency on many construction projects; Mayor Reid: doing other things besides dredging) doing work at Lake Louis, to tie it all together, to be able to regulate the flow in to Little Silver Lake (Councilman Migut: asked when the project could start if the ordinance is adopted) can award at the November meeting – have a small window going into winter (Councilman Cortes: asked about limitations with fish) have to work in that time restrictions and, ideally, be finished before parking season in March (Councilman Mayer: Mr. Savacool doesn't recommend re-bidding, as he wouldn’t expect any savings – there is already a contingency – this would be on top of that – would ask that Engineer Savacool review the County's contribution and whether there is any possible relief there) they’re giving 37.5% with a maximum $750K (Councilman Mayer: suggested introducing the bond ordinance and asking Mr. Savacool for his recommendations in writing; Councilman Vogel: asked how the cost compares to the Lake of the Lillies dredging – there are other flood improvement projects included in this that were not in Lake of the Lillies) Lake of the Lillies was over-bonded by $1.5M (Councilman Mayer if the spoilage freezes, there is a double problem; Mayor Reid: have to get it done – draining it is the way to go – asked if there are any turtles in the lake) Fish & Wildlife was involved in the permitting.


Councilman Vogel: received an official-looking mailer, offering deed and property tax information for $86.00 – it's a scam – all of that is available for free via the Ocean County Clerk’s web site or Borough Hall (Mayor Reid: his wife received 2 phone calls saying they had to pay money to the IRS right away – another scam – asked that the “Ocean Star” include a blurb that these scams are out there and to be careful; Attorney Riordan: the Prosecutor’s office continually tells us that the IRS does not call you).

Councilman Cortes: recognized employee anniversaries for October – Bill Dwyer 30 years, Paul Brundage 17, Karen Mills 12, Nancy Ruiz 3; the Beautification Committee is getting ready for the scarecrow contest at the gazebo; there is an Adopt-a-Spot application on the agenda; an Environmental Commission member is getting her Master Composter certification – they are looking to do more recycling and get more compliance; a tree at River Ave. and Rte. 35 has dead branches – Davies will look at that tree and also remove the dead Christmas tree on Bay Ave. at no cost; Fibar was delivered and spread at Pleasure Park under the playground equipment – the tennis nets were vandalized – suggested a camera there (Councilman Santanello: the Police Committee has been talking about that) nets were removed and re-ordered; the old street sweeper, fork life and truck bed were sold on the government auction web site for more than $13,265.00; DPW Super Trout was at the water plant doing a general cleanup – would like to auction old equipment; asked Chief Michigan to do something about the dogs on the Boardwalk.

Councilman Mayer: asked for a summary of what is recyclable (BA/CFO Riehl: a detailed list is on the County web site – she has it hanging up – in addition, the Environmental Commission is having a flyer reproduced to be sent with the water bills) asked that the flyer be included in the next agenda for discussion; has questions on 1l but it's personnel and he is not comfortable discussing in open session – item 1l was moved to Resolution 5 (Councilman Santanello: was fully vetted by the Water/Sewer and Personnel Committees; Councilman Cortes: Councilman Mayer brought up something that he had not thought about – would like to discuss it in closed session); would like a better understanding of the benefit of item 1u – wants people to know the alternative health plan is offered (BA/CFO Riehl: are in the Open Enrollment period now – all eligible employees received information on the plans and incentive information and they have to voluntarily come forward and offer to do it – it’s not something the Borough can demand or impose) wouldn’t want to demand – just doesn’t understand why people wouldn’t do it [Councilman Toohey: it’s great coverage – he has it for his family – the only issue is limited out-of-network stuff, but just about everything is in network these days; (no one has taken advantage of it)] questioned items 1v and 1y – no record of hours or hourly rate (BA/CFO Riehl: she requested it but did not receive it before this evening – Turbo Electric was awarded through RFP for a particular hourly rate – there were 22 lights out per the Borough’s streetlight survey) understands why DPW needs an electrician – doesn't understand why they need someone to spread Fibar) that was a timing issue – sometimes only have one supervisor and an assistant to do everything, as individuals are out sick or on a vacation or personal day and there is a workman’s comp case that’s been half a year or more – had a visit from OSHA at the park – it was noted as one of the more serious deficiencies – grass, pebble and dirt also had to be removed – it took 30-32 hours for a crew to install it correctly – if DPW did it, would still either be in progress or waiting (Councilman Mayer: they do very good work – it’s not anything distrustful or negative against them – it’s the fact that the bill just lists the total; Councilman Toohey: the bigger issue is that the Borough often does not have a full complement of DPW staff because of accrued sick or personal time – needs to be addressed in negotiations – don’t want to have the same discussion 25 years from now); had raised questions on the easement agreement (Mayor Reid: needs to get done – wants to put a gazebo and a playground there – asked if that would be a problem; Attorney Riordan: is not worried about that).

Councilman Toohey: Borough and DEP are locked and loaded at the Inlet – wants to finalize the plans with the Open Space Committee.

Councilman Migut: asked BA/CFO Riehl to thank DPW Super. Trout for the sign on Parkway – it needs to be moved west to end of the yellow curb; the Planning Board will meet tomorrow merely to memorialize a resolution.

Councilman Santanello: reported on Police activities since the last Council meeting – training included Use of Force, Vehicle Pursuit, Domestic Violence Guidelines, Defensive Tactics, SWAT, Canine, Domestic Violence Liaison and Special Needs Mental Health – Joe Leone gave officers a presentation on living a selfless lifestyle, the importance of family and being part of a team – there were several arrests – new CAD systems are being demonstrated, to be funded in 2018; October 15th is the American Cancer Society Breast Cancer Walk – 20,000 participants are expected – received a letter from School Super. Smith praising School Resource Officer O’Neill, who went above and beyond to assist a student going through a family crisis – asked the Chief to share comments from his report about this past summer (Chief Michigan: arrests for disorderly conduct and resisting arrest are down substantially – have noticed more families on the Boardwalk – there has been great community policing and positive feedback from visitors and residents – very pleased; Councilman Mayer: cameras are an important topic; Chief Michigan: they are a great tool – need to secure a maintenance agreement); chair yoga, to be run by a licensed therapist, is on the agenda – will advertise on Facebook; the Recreation Committee is looking to hold a Christmas Tree Light competition – will reach out to Carol Vaccaro at the Chamber; tennis courts are now designed for both tennis and pickle ball – company donated pickle ball nets, which were vandalized along with the tennis court nets; Rec will be hosting Best Day, a free one-day adventure activity program for special needs individuals, next summer – their volunteers will organize it all (Councilman Toohey: it’s a great idea – Pat Cavanaugh from Rec will take the lead; Mayor Reid: asked who will run pickle ball); confusion over Rec basketball hours was settled today – will have the same director this year – the School Board ran an Open Gym for years and now they want Rec to do it – spoke to School Super. Smith, who wants to be involved in the rules – Councilman Vogel has some good ideas on what the ground rules should be – not sure what it’s all about – not comfortable with it just yet – will discuss at the next Rec meeting on the 23rd; Little League President Moberg has asked if some fences can be taken down – looks like a prison yard – asked if they are there for insurance regulations (Attorney Riordan: insurance company can’t require fences – may be regulations regarding field construction – can look into it – doesn't believe it is mandated by law; Mayor Reid: wants the fences moved down to regular size) not implying that the Borough should pay for removal; no Boardwalk owners object to a No Smoking on the Boardwalk ordinance – sends the message that PPB is a family-friendly town – authority for the Borough Attorney to draft that ordinance, with a provision for smoking at street ends only, was added as item 2f.

Mayor Reid: tomorrow is Walk to School Day – invited Council to meet Principal O’Hara and him at Jenkinson’s Aquarium at 7:30AM; has a commitment of $10K to rent an ice rink for 2-4 weeks – an opportunity for businesses to create a Christmas village still trying to get private funds – ˝ hour of skating will probably cost $5 with skate rental/$3 without.

BA/CFO Riehl: no report.

The Municipal Clerk announced additions and revisions to the agenda.


Dave Cavagnaro, PPB: asked about the Silver Lake dredging bid and about street light fees; noted that Councilmen can't be heard when their microphones are far away from them.
Vince Castin, PPB: asked about the dredging bid and the Inlet bulkhead.
Michael Frauenheim, PPB: spoke on behalf of Open Gym – submitted paperwork, just like last year – it's a grass roots program about the kids – no coaches involved – simply a basketball workout – would like to open it to younger kids and advertise it – has an approved background check through Rec – is willing to volunteer (Councilman Santanello: was run through the school for at least the last decade – has concerns and is meeting with School Super. Smith, who wants input; Councilman Toohey: doesn’t want to point fingers, but it’s not the Council saying they can’t do it, it’s the Bd of Ed) lost a month of college coaches coming to evaluate kids – it’s for PPB kids and school students – many are being recruited for high level colleges and are losing the opportunity to prepare for the season (Mayor Reid: asked that Councilman Santanello meet with Mr. Smith as soon as possible; Attorney Riordan: can vote at the October 17th meeting, if at all – no legal requirement for Rec approval – there are serious questions about Rec getting involved in recruiting – his opinion is that Council should do nothing; Councilman Vogel: need an outline of the program and who is going to be involved, so protocols can be followed).


Motion by Councilman Migut to close public participation was seconded by Councilman Santanello and carried by roll call vote:
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Councilman Mayer requested that itemization (detailed invoice, with work hours, material and equipment) be required for payment of items 1v and 1y. Motion by Councilman Vogel to approve the items listed below was seconded by Councilman Cortes and carried by roll call vote.
1a Authorization to dispose of various records in accordance with NJ Records Mgt Svcs
1b Approval to cancel taxes on foreclosed Sea Coast Oil property ($9,807.80)
1c Approval of salary adjustment for C. Glass for passage of course leading to certification
1d Conditional approval of leave of absence for employee #64564
1e Approval of release of BOA escrow to S. Osofsky
1f Approval of payment of Payroll #20 ($417,672.92)
1g Approval of release of dumpster bond for 102 Dartmouth
1h Approval of payment to Galvin Law Firm from Pl Bd & BOA escrow accounts
1i Approval of release of Pl Bd escrow to C. Weshnok
1j Auth to use balance of developer escrow to pay outstanding W/S bill for Keefe, 501 Atlantic
1k Approval of resolution proclaiming October Teen Dating Violence Prevention & Awareness Month
1m Approval of payment to Sports & Golf Solutions for Fibar for Pleasure Park ($5,150)
1o Approval of 3 W/S adjustment requests
1p Approval of payment to Johnson Baran for Yale & Baltimore roadway repair ($15,975)
1q Approval of release of Performance Guarantee to Jaeger Lumber for 411 Central
1r Approval of updated State Health Benefits Plan Resolution & Addendum
1s Approval of payment to Fire Security Technologies for DPW garage alarm system ($2,629)
1t Approval of payment to State of NJ for employee & retiree health benefits ($145,312.89)
1u Approval of voluntary participation in the SHBP’s Financial Incentive Program through 2019
1v Approval of payment to Turbo Electric for street light repairs ($3,664), upon receipt of detailed invoice with work hours and equipment – REVISED PER DH MEMOS
1w Approval of payment to D. Sweet from BOA escrow accounts
1x Authorization to conduct hydrant flushing 10/16-11/10 & to advertise in Ocean Star 10/13-11/10
1y Approval of payment to PSD Tree & Landscape for application of Fibar at Pleasure Park ($3,400), upon receipt of detailed invoice with work hours and equipment – REVISED PER DH MEMOS
1z Authorization to Mayor to sign easement for Inlet Bulkhead
2a Approval of Rec request for K. Holzchuh to teach chair yoga in Council Rm 6-7PM 2nd Tues/4th Th
2b Approval of Sherwin-Williams Adopt-a-Spot application for 904 Richmond Avenue
2c Appointment of PPB Recreation basketball director & referees and establishment of pay rates
2d Approval of curb cut request at 46 Niblick Street – ADDED PER DH MEMOS
2e Approval of curb cut request at St. Peter Church/St. Louis Ave – ADDED PER DH MEMOS
2f Authorization for Atty to draft a No Smoking on Bdwk ordinance, with smoking at street ends only – ADDED PER CMTE RPTS
3a Approval of resolution proclaiming 10/10/17 as Put the Brakes on Fatalities Day
3b Approval of payment to Eagle Point Gun for 2017 police ammunition supplies ($19,740.39)
3c Approval of payment to Pt. Pleasant Bicycle for police bike repairs & parts ($3,763.66)
3d Approval of payment to Motorola for police radio repeaters ($74,628)
3e Approval of payment of annual contribution to Ocean Fire Company No. 1 ($18K)
3f Approval of payment of annual contribution to Point Pleasant Beach Fire Company No. 2 ($18K)
3g Approval of payment of annual contribution to Point Pleasant First Aid & Emerg Squad ($38,500)
3h Approval of payment of computer-generated vouchers ($231,739.55)
VOTE: Councilmen Vogel (except 3a-3h), Cortes, Mayer, Toohey, Migut (except 3e & 3f), Santanello….YEA
Councilmen Vogel (3a-3h), Migut (3e & 3f)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 3h with which Council has conflicts.


Ordinance 2017-27 (Amendment to Bond Ordinance 2016-09) was introduced on first reading. Motion by Councilman Mayer to approve Ordinance 2017-27 on first reading was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on October 17, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA

Motion by Councilman Mayer to approve the item listed below was seconded by Councilman Santanello and carried by roll call vote.
RESOLUTION 4: Passage of Ordinance 2017-27 & authorization for Clerk to publish notice of introduction and time & place of public hearing – ADDED PER CLERK
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut, Santanello….YEA


Dave Cavagnaro, PPB: asked about the Randall Ave. flapper valve; asked about the rent balance and electric bill at the Risden's building – BYOB signage is illegal – asked if the A-frame sign by the Police station was approved.


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: one personnel matter. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.” The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
Motion by Councilman Mayer to enter Executive Session was seconded by Councilman Santanello and carried by consent of Council.


Motion by Councilman Santanello to return to open session and approve the item listed below was seconded by Councilman Migut and carried by roll call vote:
RESOLUTION 5: Approval of salary adj for J. Trout for add’l job duties – CLOSED SESSION ITEM
VOTE: Councilmen Cortes, Mayer, Toohey, Migut, Santanello….YEA
Councilman Vogel….ABSENT

Motion to adjourn by Councilman Toohey was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 9:33PM.

Eileen A. Farrell, RMC
Municipal Clerk

Published October17, 2017 | Council Minutes | 2677

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