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December 5, 2017

Council Meeting Minutes

Mayor Reid called the meeting to order at 7PM. Present were Councilmen Cortes, Mayer, and Migut. Councilmen Vogel, Toohey and Santanello were 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 NJ, as follows: the public shall be excluded from discussions concerning the hereinafter specified subject matter; the general nature of the subject matter discussed is: 1 potential litigation 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 Migut and carried by roll call vote and carried by consent of Council.

CLOSED SESSION BEGAN AT 7:05PM AND ENDED AT 7:09PM

OPEN PERSONNEL DISCUSSION, IN RESPONSE TO RICE NOTICE, BEGAN AT 7:12PM

BA/CFO Riehl: Employee #723307 went out on a back-related injury in May 2017 – had a prior back-related injury in 2014/15 – 12 weeks of FMLA and 6 months leave for an on-the-job injury, run concurrently, have been exhausted – cannot accommodate these medical restrictions – have made accommodations for others for restrictions that could be accommodated – contract calls for employee to request another 6 months from the Governing Body – options are to extend the leave by 6 months at 70% salary or not to extend and terminate – recommends not extending.
Employee #723307: hired P/T in 2012 – (in 2013) went F/T, had back surgery through private insurance and was out for 3 months – last September, fell off a Borough truck during a rain storm – in May, was hurt lifting a box – his doctor performed his last surgery and it didn't stop him from working – wants another surgery, not as intense, to return to work – might be out for less than 6 months.
TWU Rep. Ormsby: this is a worker’s comp case that has nothing to do with prior injury – a new injury – has done everything that worker’s comp has told him to do – worker’s comp suggested a second opinion before surgery – doctor released him for restricted duty and supervisor denied it and sent him home – light duty has been arranged for others – union’s opinion is that if one should get it, all should get it – Borough should accommodate his restrictions – he has a right to call his case worker and request another opinion.
Attorney Riordan: there is a difference of opinion between the employee’s personal doctor and his comp doctor, who is authorized to treat him – comp doctor is saying that, even without surgery, he can't do the work and he has not authorized surgery – private doctor can’t give a definitive date when he can come back to work – employee’s lawyer’s has offered leave conditions that would benefit the Borough and should be imposed on an extension, including a fitness for duty exam immediately after the 6 months or voluntarily termination if he doesn’t pass that exam.
Motion by Councilman Migut to approve RESOLUTION 3: Approval of 6-month extension to LOA, at 70% salary, with conditions provided by employee’s worker’s comp attorney, for Employee #723307, was seconded by Councilman Cortes and carried by roll call vote:
VOTE: Councilmen Cortes, Mayer, Migut….YEA
Councilmen Vogel, Toohey, Santanello….ABSENT

DISCUSSION ENDED AT 7:26PM

Mayor Reid called the meeting to order at 7:31PM. Present were Councilmen Vogel, Cortes, Mayer, Toohey and Migut. Councilman Santanello was absent, attending his daughter’s induction into the National Honor Society. 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 Vogel to approve the November 21, 2017 Council meeting minutes was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey ….YEA
Councilman Migut….ABSTAIN
Councilman Santanello…ABSENT

COMMITTEE REPORTS:

Councilman Vogel: Chamber did an outstanding job on the Christmas Tree Lighting & Santa Arrival – other holiday events are coming up, including Breakfast with Santa and horse and carriage rides – good to see community coming together; asked that information be put in the Ocean Star about a $3K NJ tax exemption for Veterans and spouses, which was just released.

Councilman Cortes: recognized employee anniversaries for December – Ned Martin 26 years, William Crate 22, Kyle Grace 20, Brian Larrison 20, Fred Millman 4, Glen Purves 4; NJ Transit is prepping for the intersection on the northern side of NJ Ave.; met with a Comcast surveyor – took him to the Police Dept. and District 2 – will bolster police communications with a secure link – other things will save the Borough money; Police training since the last meeting includes SWAT, Canine Patrol and Canine In Service – arrests were made for simple assault, disorderly conduct and lewdness – will be extra patrols downtown leading to Christmas – State’s Drive Sober or Get Pulled Over campaign runs 12/8/17-1/1/18.

Councilman Mayer: asked Chief Michigan about hiring a P/T Communications Operator (Chief Michigan: a limited number of seasonal officers are qualified to work the full desk – must rely on P/T or pay OT – SLEO II recently resigned, works for the Ocean County Sheriff’s Dept. and is allowed to work P/T in this capacity – is fully trained); saw a Chamber ad on the Ice Events contract (Mayor Reid: will be there December 22-31) funded by donations through the Community Endowment Fund (CEF) – approval should be contingent upon receipt of funds from the CEF; item 1c/energy aggregation agreement has worked well with CUC – Howell, the lead agency, is no longer using CUC – now entering an agreement with Farmingdale as lead agency – asked about the pros and cons (Mayor Reid: Howell, politically, went with another firm – Farmingdale is fine – doesn’t think it matters who PPB goes with – BA/CFO Riehl: Tri Eagle will send letter to every resident explaining the actions taken tonight, so they can choose to opt out); asked about item 1i – unusual to apply current funds to a capital purchase – haven't done all transfers yet (BA/CFO Riehl: Police Dept. generally waits until year-end to cull together money from the budget to avoid a capital purchase – the money budgeted this year, if not spent on a capital purchase, will allow other Depts. to spend more money – truck will benefit the Borough and will replace an 18-year old vehicle, in need of repair, being auctioned on Municibid) this will save capital next year but might hit the appropriation reserve in 2019.

Councilman Toohey: agrees with Councilman Cortes and Dave Cavagnaro that the front of the Municipal Building looks awesome – can’t have just dirt, but should keep whatever is put there low.

Councilman Migut: Planning Board meets tomorrow about a proposed coffee shop on Channel Drive; Lake of the Lillies is quite a site with 64 white swans living there – a sign that the lake is healthy.

Mayor Reid: asked Ocean Star Reporter Nunes to publicize the toy drive to benefit Antrim students, St. Gregory’s Pantry and Dottie’s House – for older as well as younger children; 3 or 4 vendors are willing to give money to pay for the ice rink, which will run December 22-31, 3PM-9PM – will start off small and grow – $5 skate rental for ½ hour, $3 with own skates – will need 1 or 2 people or the PTO to work it – funds made will go back to the CEF for next year's rink – will do some advertising for the contributors; bike share program is at no cost to the Borough – people are looking forward to it.

BA/CFO Riehl: there was a pre-construction meeting on Inlet Bulkhead Repairs last week – started mobilizing on site – have requested start time prior to 8AM (no objection) – sheets will be driven before December 31st, so as not to mess with winter flounder – will backfill with sand and pour concrete in early spring (Councilman Toohey: asked if there will be time to make Loughran’s Point landscaping flat and usable) yes – will probably be finished in March – turbine will come down (Mayor Reid: doesn’t think there will be problems getting plans done by summer); there is a pre-construction meeting for Little Silver Lake dredging on Thursday – there was a conference call today with EIT – closing on EIT loan in late December or early January – County contribution is 37.5%/cap is $750K; gentleman from the American Legion wants to drop a monument, honoring all Veterans, at the band shell – wants to know who is pouring the footings – asked him to provide specifics for input – will be ceremony and ribbon cutting.

The Municipal Clerk announced revisions to the agenda.

PUBLIC PARTICIPATION BEGAN AT 7:56PM.

Vincent Castin, PPB: asked about Little Silver Lake dredging, items 1b, 1j, 2a and 2b; said Coast Guard station should be a museum.
Joe Lemma, PPB: Coast Guard building should be a new library or nobody will go there in winter – library is all year – can have a rec room for the old timers there, as there is nothing for them now.
Dave Cavagnaro, PPB: congratulated Councilman Migut on election; asked about items 1c, g & j.
Councilman Vogel: recommended porta potties by the ice rink as well as at the Boardwalk; asked the term of the bike share program (BA/CFO Riehl: 2 years) agreement should include timeframe of 60-days for equipment removal upon termination.

PUBLIC PARTICIPATION ENDED AT 8:11PM.

Motion by Councilman Vogel 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 1 W/S bill adjustment
1b Approval of Artificial Ice Events Contract ($.00 expenditure), contingent upon receipt of funds from Community Endowment Fund - REVISED PER CMTE RPTS
1c Approval of resolution to enter into a cooperative pricing agreement for energy aggregation with a new lead agency & authorization to execute the necessary documents
1d Approval of payment to the State of NJ for employee and retiree health benefits ($146,327.87)
1e Approval of payment to D. Sweet from BOA escrow account
1f Approval of payment of Payroll #24 ($243,581.21)
1g Award of contract to P3 Global Management for Bike Share System
1h Approval of S/E application for Jersey Shore Running Club’s Runapalooza on Bdwlk on 4/21/18
1i Approval of PO to Winner Ford for Ford F-150 for DPW ($28,724)
1j Authorization for Attorney to draft an ordinance adding gyms, fitness centers, weight rooms, dance studios & yoga studios to permitted uses in the HC Zone
CONSENT RESOLUTION 2:
2a Approval of PO to Firefighter One for Anti Exposure Rescue Dry Suit for OEM ($9,100.08)
2b Approval of PO to Switlik Parachute for Anti Exposure Recue Dry Suit for OEM ($8,200)
2c Appointment of M. Augun to the position of P/T Communications Operator in the PD
2d Memorialization of approval of payment of computer-generated vouchers ($31,953.70)
2e Approval of PO to Fire & Safety Services for repairs on Fire Co No 2’s Engine 4303 ($5,358.91)
2f Authorization to sell DPW & Police vehicles through public auction on govdeals.com
2g Approval of payment of computer-generated vouchers ($17,462.56)
VOTE: Councilmen Vogel (1 only), Cortes, Mayer, Toohey, Migut (except 2a and 2e)….YEA
Councilmen Vogel (2), Migut (2a and 2e)….ABSTAIN
Councilman Santanello…ABSENT
Per Borough Attorney, assume usual abstentions on items 2d & 2g with which Council has conflicts.

ORDINANCES:

Ordinance 2017-28 (No Smoking on Boardwalk) was considered on second reading. Mayor Reid opened the public hearing.
Vincent Castin, PPB: supports the ordinance, but it seems difficult to enforce
Motion by Councilman Migut to close the public hearing and adopt Ordinance 2017-28 on second reading was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut….YEA
Councilman Santanello…ABSENT

Ordinance 2017-29 (Designation of Municipal Way as One-Way St.) 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 2017-29 on second reading was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut….YEA
Councilman Santanello…ABSENT

Ordinance 2017-30 (Ban on Marijuana Dispensaries in the Borough) was introduced on first reading.
Councilman Toohey: this is just about, if the State legalizes marijuana, whether not we want a dispensary in PPB – the sentiment seems to be no (Councilman Migut: suggested there could be restraint of trade arguments; Councilman Cortes: asked if this would include drug store chains) yes (Mayor Reid: we do not want it in this town; Attorney Riordan: ordinance has been carefully designed to withstand challenges – it’s a zoning ordinance, not a police power ordinance, to avoid pre-emption arguments – goes to Planning Board tomorrow – can to address State statue, when passed) – want to avoid the growing pains that other states have had (Councilman Mayer: as a tourism town, it’s very scary what this could result in: Mayor Reid: been told it will be a year or two before it’s up and running – other towns will follow) this is not politically motivated – it’s in the best interest of PPB (Councilman Vogel: good to get out in front of it – setting the tempo early on – will be nothing but headaches and doesn’t fit our image – have spent a lot of time and money rebranding as a family town).
Motion by Councilman Toohey to approve Ordinance 2017-30 on first reading was seconded by Councilman Vogel and carried by roll call vote. The public hearing will be held on December 19, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut….YEA
Councilman Santanello…ABSENT

Ordinance 2017-31 (Add Gyms, Fitness Centers, Weight Rooms, Dance Studios & Yoga Studios to Permitted Uses in the HC Zone) was introduced on first reading.
Motion by Councilman Migut to approve Ordinance 2017-31 on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on December 19, 2017.
VOTE: Councilmen Vogel, Cortes, Mayer, Toohey, Migut….YEA
Councilman Santanello…ABSENT

PUBLIC PARTICIPATION BEGAN AT 8:22PM

Dave Cavagnaro, PPB: thanked Patty Kile for her work on getting a lot of the street lights back on; asked if cell tower will come down in December.

PUBLIC PARTICIPATION ENDED AT 8:24PM

Motion to adjourn by Councilman Vogel was seconded by Councilman Migut and carried by consent of Council. Meeting was adjourned at 8:24PM.


ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk


Published December19, 2017 | Council Minutes | 2715


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