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November 21, 2017

Council Meeting Minutes

Mayor Reid called the meeting to order at 6:30PM. Present were Councilmen Vogel, Cortes, Mayer, Toohey and Santanello. Councilmen Migut 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 litigation matters, one potential litigation matter and one contract/property acquisition matter. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.”
Motion by Councilman Cortes to enter Executive Session was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Santanello….YEA
Councilman Migut….ABSENT

CLOSED SESSION BEGAN AT 6:34PM AND ENDED AT 7:29PM

Mayor Reid called the meeting to order at 7:33PM. Present were Councilmen Vogel, Cortes, Mayer, Toohey and Santanello. Councilman Migut 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.”

Flag Salute & Invocation

Motion by Councilman Toohey to approve the October 17, 2017 Council meeting minutes was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Councilmen Cortes, Mayer, Toohey ….YEA
Councilmen Vogel, Santanello….ABSTAIN
Councilman Migut…ABSENT

PRESENTATION/DEPARTMENT HEAD MEMO

Christine Bell, Certified Planner, T&M Associates: explained the 2017 update to the Open Space and Recreation (OSR) Plan, which was first prepared in 2007 – per NJ Green Acres Program, plan needs to be updated every 10 years – update recognizes the Borough's accomplishments from the 2007 plan and reaffirms its goals, objectives and priorities – plan and update were prepared in accordance with the guidelines and requirements of the NJ Green Acres Program, so municipality can get up to 50% matching grants to preserve lands identified in the plan – consists of the Guiding Concepts of the PPB OSR Plan, an Inventory of Existing OSR Facilities, a OSR Needs Analysis and an Action Plan – Planning Board adopted the plan earlier this year as an element of the Master Plan – just here tonight for Council’s information – referred to the OSR Systems Map, which identifies the Borough’s Recreation and Open Space Inventory (ROSI), as well as Board of Education properties and potential OSR expansion areas (Councilman Mayer: thanked Anne Lightburn, who does a great job chairing the Open Space Committee; Mayor Reid: thanked BA/CFO Riehl and Christine Bell – will have Inlet playground after wall is built – asked Chair Lightburn if anyone spoke to her about that; Chair Lightburn: – plan was presented a couple of years ago and the committee gave input; Engineer Savacool: Inlet wall contract was awarded by DEP last week – intend to have sheets installed by December – had prepared a concept plan to restore the Fisherman’s Memorial area, and tie-in the new bath house to the sidewalk – will revisit it after the wall is finished; Mayor Reid: likes the idea of a large gazebo, with benches, along with the playground – need to schedule a meeting to work this out; Councilman Toohey: asked about timeline for the Fisherman's Memorial plan; Engineer Savacool: sheet installation is critical by year-end, per DEP mandate – sheet installation will be from the concrete wall west to vacant lots – approximately 220 feet – discussed revisiting the concept plan with BA/CFO Riehl and whether Mayor Reid wants to put together an ad hoc committee; Councilman Mayer: asked if it would be costly to run water there; Engineer Savacool: no; Mayor Reid: was suggested to him that there are legal implications for providing water if someone cuts himself while cutting bait; Attorney Riordan: can be sued at any time for anything – providing water will not make PPB more liable; Councilman Cortes: asked about reconfiguring the curb at the bath house; Engineer Savacool: will make the pedestrian crossing simpler – also, the concept plan was included with submission to DEP, so everything in it has been permitted).

Councilman Cortes: addressed the curb cut request at 213 Trenton Ave., which had been held at the last meeting for further information – owner built the driveway without approval for the curb cut and a stop work was put on it – ZO Petrillo has no objections, provided that the detached garage is removed (Attorney Riordan: recommended holding until owner does what ZO Petrillo suggests – otherwise, conditions can’t be enforced).
Greg Palko, Owner of 213 Trenton: just moved here – detached garage in back was demolished this week – plot plan originally had the driveway with the curb cut – built the driveway based on the specifications approved by the Building Dept. – plan is to have a backyard for children and a 2–car attached garage – wants a single cut to get in (Councilman Toohey: asked if he received instruction from the Building Dept. to seek Council approval) not that he is aware of – his builder had direct contact with ZO Petrillo, but there were multiple opportunities for he and his wife to be informed – garage coming down was part of the CO – no driveway in the back (Attorney Riordan: should be a notice provision to the neighbors; Councilman Mayer: ZO Petrillo also wants the yard fenced) already fenced on 2 sides – will fence the back – a week or so from the CO (Councilman Vogel: once fence is in, will grant the request) construction crew is there – would prefer to just get it done – only the apron and curb cut need to be done (Attorney Riordan: he can take the risk of putting in the curb cut and then doing the fence – can approve on condition) planning to be permanent residents with 2 kids in school (Attorney Riordan: advised motioning to approve cut, conditioned on homeowner removing detached garage and fencing–in the back) – APPROVAL WITH CONDITIONS ADDED AS ITEM 2K.

COMMITTEE REPORTS:

Councilman Vogel: gave Chamber updates – had successful Ladies Night, multi–town Chamber of Commerce and food truck events – great feedback – they appreciate the Borough and Police support – hopes event will keep coming back – Christmas tree lighting is this Friday with Santa (Mayor Reid: with horse and carriage rides, face painting, pony rides, fire trucks); Shade Tree Commission planted 6 trees on Washington, primarily with donations – Environmental Commission planted 2 Japanese black pines on Randall – a cherry tree was planted by Noble’s Smoke Shop – pruning continues on Arnold – Shade Tree thanks BA/CFO Riehl and Mayor Reid for support – 29 trees have been planted on Arnold and another 28 professionally pruned – Commission will work with neighbor willing to donate trees on River and with the Beautification Committee to add new trees and replace large ash tree; commended the VFW for their Veterans Day ceremony – wants to be sure signage for Veterans and Active Duty parking is in place for the summer season; asked about yellow street markings on the recently–repaved Harvard Ave. there is already a gas opening (Engineer Savacool: not sure you can deny service to a property owner; Attorney Riordan: there is a road opening permit process in place – is unaware of any way to prohibit this; Councilman Cortes: can put a moratorium on road opening permits when road is done).

Councilman Cortes: acknowledged November employee anniversaries – Mike Ormsby 27 years and Jennifer Coyne 11; employee Tippy Cassidy is in the hospital – wished him well and a speedy recovery; NJ Transit completed work on Arnold Ave. crossing – doing work on NJ Ave.; he and BA/CFO Riehl met with Comcast on franchise negotiations – as part of agreement, will install, at no cost, a secure fiber link between Borough Hall and District 2 – BA/CFO Riehl ran the numbers – will save on monthly bill; Beautification Committee decorated downtown; River Ave. garden landscaper is doing a great job (Mayor Reid: since he is donating his time, should let him put out a sign for about a month; Attorney Riordan: will look into it) – barrels are decorated for the holidays; Environmental Commission is working on a town calendar with recycling and refuse collection information – Chamber should get involved – creating mailers to educate; the Parking Authority eliminated 2 meetings next year to save money – rails on fence posts in Borden’s lot have been replaced and secured (Mayor Reid: acknowledged Councilman Cortes' work on the swags, which he put up by himself).

Councilman Mayer: congratulated Councilman Migut & Councilman–Elect Kanitra on their election victories; attended a NJLM budget and audit session – electronic budget is coming – electronic payments and annual financial statements will start next year – NJ DLGS is concerned about construction code office dollars – some unions want to segregate State and local portion of pension benefits – interesting debate; item 1q requires DEP authorization to award; item 3b is a significant purchase – asked the Chief for periodic updates (Chief Michigan: 3 companies sell Livescan, an electronic fingerprint machine – don’t use ink – current machine is 13 years old and outdated – a lot of glitches – are mandated, with bail reform act, to send fingerprints to State police for verification before processing a complaint – there is no maintenance agreement – doing band aid fixes – only 3 companies are accepted by State police – explained the 3 quotes) – asked for update on the license plate reader (Chief Michigan: being installed on a new vehicle – hopes to have by year–end – will give periodic updates; Mayor Reid: get the maintenance agreement).

Councilman Toohey: congratulated Councilman Migut & welcomed Councilman–Elect Kanitra; the new Governor & State Legislature seem intent on legalizing marijuana in some capacity – asked the Governing Body to authorize the Borough Attorney to draft an ordinance banning marijuana dispensaries in PPB – it’s a cash business, not Federally regulated – if State Legislature legalizes it, State and Federal law will be in conflict and municipalities won't know what's legal and what's not – discussed at length with Attorney Riordan – opportunity to get ahead of the curve and not go through the growing pains that have been seen in states where marijuana is legal – in the infancy of the industry – AUTHORIZATION ADDED AS ITEM 2L.

Councilman Santanello: the Recreation Committee spoke at their last meeting about Best Day Foundation activities for special needs kids at Risden’s on 7/7 and 7/8 – a nutrition book club and free chair yoga will begin in January – talking about bringing Pickle Ball back to town (indoors) – Stan Angeloni wants to run it – need cameras in Pleasure Park, as nets were destroyed twice – bringing back the Holiday Decorating Contest on 12/17, with Mayor Reid driving judges around in his van around, Chamber contributing prizes and registration at Borough Hall – Summertime Surf Camp will have several sessions this year; summarized 10/17–11/21 Police activities – training included SWAT, Canine Patrol, Canine In Service, Explosives Awareness, Terrorism, Domestic Violence, Civil Courts – arrests were made for cocaine possession, simple assault, possession of drug paraphernalia and DWI – Dept. is participating in “No Shave November” to raise money for cancer research and men's health issues – on 11/3, Antrim Kindergarten toured the Police Station – commended the Dept. for continuing to build positive relationships with the community – reminded all that no dogs are allowed on the Boardwalk or beaches at any time (Councilman Toohey stepped out 8:24PM – 8:27PM) – held a Church Safety & Security Seminar last night in response to recent church shooting in Texas – parishioners, pastors and church leaders attended, along with himself, Mayor Reid and Councilman–Elect Kanitra – positive feedback – suggestions included an usher training session – thanked NJ Homeland Security & Preparedness for the presentation – best wishes to PFC Kyle Boturla and his wife, Andrea, who welcomed a baby boy last week and baby and mom are doing well – on behalf of Chief Michigan, wished all a safe & happy Thanksgiving.

Mayor Reid: thanked Chief Michigan for putting together the church seminar – great attendance – every church in PPB was represented – great event; spoke about the ice rink contract – has been able to raise some money – will be more – will probably be operational 12/22–12/31 – still working on details with Chamber – will start small this year and build on it; wished Tippy Cassidy well; attended the NJLM convention – Councilman–Elect Kanitra was there – wants to purchase 2 trolleys he saw while there – can have them paid off in a couple of years – to be used all year–round; has received a lot of positive feedback on the town – family–oriented – no better event than the Christmas Tree Lighting – it’s small town America – invited all; spoke about Mrs. Pfister at the last meeting – a special woman – loved PPB; need to find a place for a big Christmas tree on River Rd. that needs a home.

BA/CFO Riehl: the bath house pipes froze and damage was experienced – had plumber there today – working on winterization – also, at the bathroom, attendants were let go in October and it has since been vandalized twice (Mayor Reid: will not put up with this – had the same discussion last year – should close it down at the end of December; Councilman Vogel: should get a price on a porta potty for winter months; Councilman Toohey: asked who is responsible to turn the water off at the bath house) it’s the Borough's responsibility – tenant was told that the Borough needed to get in to winterize it and he said he still needed to be in there (Mayor Reid: will bill him for it).

The Municipal Clerk announced additions/deletions/revisions to the agenda.

PUBLIC PARTICIPATION BEGAN AT 8:35PM.

Dave Cavagnaro, PPB: asked about timeline for item 1p and about 1q; there is a precedence for small and temporary signage on barrels.
Patricia Lasher, Brick: supports Ordinance 2017–28.
Vince Castin, PPB: supports Ordinance 2017–28 – asked if there will be a meeting with Boardwalk businesses; asked about bulkhead repair and lake dredging reimbursement; spoke about bath house pipes.

PUBLIC PARTICIPATION ENDED AT 8:41PM.

Motion by Councilman Vogel to close public participation and approve the items listed below was seconded by Councilman Cortes and carried by roll call vote:
CONSENT RESOLUTION 1:
1a Auth for Rec Cmte to adv/hold Nutrition Book Club/Chair Yoga in Council Rm–4th Thurs 2018
1b Authorization for Rec Cmte to advertise & hold a Holiday Decorating Contest, to be judged 12/17
1c Approval of payment to BTMUA for Sept bulk water usage ($114,994.55)
1d Approval of payment to T&M Associates from Pl Bd, BOA & Developer escrow accounts
1e Approval of payment of Payroll #22 ($246,073.63) & Payroll #23 ($244,224.04)
1f Approval of payment to D. Sweet from Pl Bd & BOA escrow accounts
1g Approval of release of road opening bonds from Developer escrow accounts
1h Appointment of T. Decker & T. Brogan to the F/T position of DPW Laborer
1i Approval of payment to Ocean County for 4th Quarter tax levy ($2,129,321.11)
1j Approval of release of dewatering bond for 115 Central Ave.
1k Approval of payment to Galvin Law Firm from Pl Bd & BOA escrow accounts
1l Approval of payment to State of NJ for employee & retiree health benefits ($144,482.87)
1m Approval of payment to Ocean County Landfill for tipping fee escrow ($45K)
1n Approval of amusement game license renewals 2018–Jenks, Jenks South, Bdwk & Central Ave Assoc
1o Approval of payment to ADP for estimated payroll processing fees ($3,479.61)
1p Award of contract to Shore Top Construction for Roadway Imp to Seymour Ave ($148,427.50)
1q Award of contract to Albert Marine Const for Drainage Imp to Little Silver Lk, subject to DEP authorization to award ($2,418,764)
1r Authorization for Atty to prepare a cable communications system franchise renewal ordinance
1s Release of performance guarantee & inspection fees to LaManna Building & Land for 709 Arnold
1t Establishment of Borough Holidays for 2018
1u Approval of 3 W/S adjustments
1v Establishment of Reorganization Meeting date & time – 1/1/18 at noon
1w REMOVED – PER CLERK
1x Authorization to auction surplus DPW equipment on Municibid
1y Resolution of support of existing Route 35 bus stops for NJDOT
1z Approval of PO to Van Wickle Auto Supply for DPW auto parts for Nov & Dec ($3,500)
CONSENT RESOLUTION 2:
2a Authorization to advertise RFPs for professional services for 2018
2b Auth for Atty to draft ord amending Ch 9–12, XXI to remove handicap spot at 514 Delaware
2c Approval of payment to Riggins for DPW gas & diesel fuel ($15,404.75)
2d REMOVED – DUPLICATE OF 2I
2e Approval of payment to BTMUA for October bulk water usage ($71,200.67)
2f Approval of payment to Precision Door Service for DPW bay door replacement ($2,852)
2g Approval of pymt to Gen Serve for Emerg Generator service/controller for DPW ($3,775.40)
2h Approval of pymt to NJ Div of Coastal Eng for Manasquan bulkhead replacement ($170,320)
2i Approval of pymt of Pay Cert 4 to Woszczak for Valve Exer/Water Syst Force Acct ($13,594.50)
2j Approval of ABC SA App for PPBPEF Sips Dips Dinner & Gifts 2/2/18–ADDED PER CLERK
2k Approval of curb cut at 213 Trenton, conditioned on homeowner removing detached garage & fencing–in back – ADDED PER DH MEMOS
2l Authorization for Attorney to draft an ordinance banning marijuana dispensaries in PPB
CONSENT RESOLUTION 3:
3a Approval of pymt to Major Police Supply for emerg lights on Police transport van ($2,545.37)
3b Approval of PO to Safran MorphoTrak for Livescan Systems for Police Dept ($31,684.88)
3c Appointment of 30 Special Law Enforcement Officers Class II
3d Approval of payment to Motorola for Fire Dept radios ($40,361.80)
3e Approval of PO to Motorola for mobile radio for Fire Chief’s car ($12,043)
3f Approval of payment to Firefighter One for a ventilation fan for Ocean Fire Co No 1 ($7,599.80)
3g Approval of pymt to Firefighter One for battery–driven PPV fan for Fire Company No 1 ($3,335)
3h Approval of PO to ESI Equipment for Enforcer 10 rescue equip for Ocean Fire Co No 1 ($4,250)
3i Approval of PO to Fire Store for 2 jumbo intake valves for Fire Company No 2 ($3,150)
3j Approval of membership in PPB Fire Company No. 2 for C. Cooper, Pt. Pleasant, NJ
3k Approval of pymt to Fire & Safety Svcs for truck service/repair for PPB Fire Co No 2 ($12,140.16)
3l Approval of PO to Fire & Safety Svcs for master steering gear for PPB Fire Co No 2 ($4,750)
3m Approval of payment of computer–generated vouchers ($1,645,305.30)
3n Approval of payment of July–Oct 2017 hand checks ($434,764.96)
3o Support for Drive Sober or Get Pulled Over 2017 Statewide Crackdown–ADDED PER CLERK
VOTE: Councilmen Vogel (except items 2j and 3a–o), Cortes, Mayer, Toohey, Santanello….YEA
Councilman Vogel (items 2j and 3a–o)….ABSTAIN
Councilman Migut…ABSENT
Per Borough Attorney, assume usual abstentions on items 3m & 3n with which Council has conflicts.

ORDINANCES:

Attorney Riordan: explained changes Ordinance 2017–28 would make to the code – State has authorized municipalities to pass ordinances governing smoking (Councilman Santanello: spoke to School Superintendent Smith and Board of Education members – all are in favor).
Ordinance 2017–28 (No Smoking on Boardwalk) was introduced on first reading. Motion by Councilman Santanello to approve Ordinance 2017–28 on first reading was seconded by Councilman Vogel and carried by roll call vote. Public Hearing will be held on December 5, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Santanello….YEA
Councilman Migut…ABSENT

Attorney Riordan: Ordinance 2017–29 was requested by NJDOT and the Borough agreed.
Ordinance 2017–29 (Designation of Municipal Way as One–Way St.) was introduced on first reading. Motion by Councilman Toohey to approve Ordinance 2017–29 on first reading was seconded by Councilman Cortes and carried by roll call vote. Public hearing will be held on December 5, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Santanello….YEA
Councilman Migut…ABSENT

PUBLIC PARTICIPATION BEGAN AT 8:48PM

Dave Cavagnaro, PPB: tracks by municipal building look nice with no plantings – building is attractive and nicely landscaped; asked if rocking chairs on the Boardwalk would be stored inside for winter; spoke about business signs on right–of–ways.

PUBLIC PARTICIPATION ENDED AT 8:53PM

Motion to adjourn by Councilman Vogel was seconded by Councilman Cortes and carried by consent of Council. Meeting was adjourned at 8:53PM.



ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published December05, 2017 | Council Minutes | 2706


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