June 18, 2019

Council Meeting Minutes

 
The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
 
Mayor Reid called the meeting to order at 7:37PM. Present were Councilmen Vogel, Cortes, Toohey, Migut and Santanello. Councilman Kanitra 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
&
Moment of Silence for Retired Police Chief John McGary

 
Motion by Councilman Vogel to approve the May 21, 2019 Council meeting minutes was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Toohey, Migut ….YEA
                        Councilman Santanello….ABSTAIN
                                    Councilman Kanitra….ABSENT
 
PROCLAMATION:
 
Councilman Vogel presented a proclamation to Shade Tree Commission Member David Smith, in observance of Arbor Day.
 
DEPARTMENT HEAD MEMO:
 
         ZO Petrillo RE Curb Cut at 107 Niblick Street: Councilman Cortes agreed with ZO Petrillo’s recommendation – ADDED AS ITEM 2L.
 
COMMITTEE REPORTS:
 
Councilman Vogel: Shade Tree Commission worked hard to get Tree City designation – staying on top of plantings and what needs to be done – worked with Zoning Official, Borough Attorney and Borough Administrator on a letter to property owners to fix hazardous conditions; thanked Mike McGee from PPBHS for organizing student activities at the Memorial Day Service, as well as the parade organizers; received positive feedback on weekend code enforcement – will coordinate with Police to address quality of life issues; had a works group discussion about the Special Events approval process and Uniform Fire Code requirements – will meet again in July; thanked Preferred Behavioral Health Group for phenomenal free presentation on Screen Time and Children’s Mental Health – Officer O’Neill attended; Feeling Swell clothing company will be selling $5 PPB pins at Round Dough with a Hole, Hoffman’s Ice Cream, Sunshine Daydream, Vibe Fitness KALI-O’s Juice Box and Local Urban Kitchen to promote mental health awareness – proceeds will benefit the Joan Valentine House – kickoff tomorrow at Last Wave Brewing; congratulated new PPBHS graduates.
 
Councilman Cortes: recognized June employee anniversaries Joe Pizza 39 years, John Trout 33, Jack Johnston 14, Linda Criqui 6, Brain Spader 19, Bryan Benites 2, Antonia Garcia 1, David Marchetti 1, Elaine Petrillo 32, Eric Sudia 11, Christi Glass 4; Ocean County again auto-cycled the light at Arnold & Ocean Aves. to let pedestrians walk every 1½ minutes and is working on storm drains; was an emergency repair on Arnold and one on New Jersey/St. Louis – State will be billed for State pipe repair.
 
Councilman Toohey: acknowledged Lake Louis Homeowners Association in attendance regarding the Open Space Committee’s recommendation to provide public access at the Boston Ave. bulkhead, since public money was used to dredge the lake – he shared the Open Space drawing with the Association – now the focus seems to be on the CAFRA permit application, which indicates a large kayak ramp – maybe he miscommunicated with the Borough Engineer – there is no desire to build a ramp at Boston Ave. – he lives 2 houses away, spends a lot of time fishing there, and doesn’t want the perception to be that he is attempting to provide access to his own family – he tried to facilitate the conversation, but it has gone in a negative direction – has been accosted picking his kids up from school – will step away at this point – some Governing Body members expressed an interest in taking it up – hopes to find a positive resolution; there has been an ongoing conversation between the Personnel Committee, Finance Committee, Police Department and Borough Administrator about item 3j/Crossing Guard raise – does not increase taxes – has been in the 2018 and 2019 Budgets – haven’t gotten a raise in about 20 years – are concerns Crossing Guard pay vs. that of other Borough employees – there are intrinsic benefits to other employees, so feels this is equitable – asked for Council’s support.
 
Councilman Migut: Animal Welfare Committee decided to hold their fundraiser until October – have put donation cans at area businesses and been quite successful; spoke with Engineer Savacool about the Water Meter Replacement Project – every meter in town is being replaced – letters went out requiring an appointment be made with contractor – 900 people have responded so far – can do about 100 meters/day – will be finished in 3-4 months – asked all to comply; spoke with Engineer Savacool about road paving projects – smaller ones will be done during summer, St. Louis and part of Harvard in September and October; Planning Board will meet in July about Daniel's Bistro site plan – they put tables and chairs outside – spoke with Attorney Zabarsky about their use of the public right of way.
 
Councilman Santanello: had his water meter replaced last Tuesday – took about 15 minutes –polite and professional; gave Police Committee report since last meeting – training included Bicycle Safety & Enforcement Strategies, SWAT, Canine, Alcotest Refresher, Rader Instructor – activities included 74 arrests and 63 Borough Ordinance violations – glad Police are writing tickets for smoking on the Boardwalk – minor alcohol-related issues with the Boat Race were handled quickly – power boat washed onto the beach during the race and was removed with no injuries reported – on behalf of Chief Michigan, thanked the officers, many fathers, mandated to work to provide safety and security during the race – 30 kids will attend the 2nd annual Police Youth Academy – Det. O’Neill is in charge of planning – retired Chief McGary passed away last Thursday from cancer – Chief Michigan and many of his staff had the pleasure of working with him – asked all to keep his family in their thoughts and prayers; noted items 1n, 1p, 1q, 2h; recognized Mayor Reid's work on item 1o/handicap swing and his fundraising over the last several years, which has provided well over $100K worth of equipment and donations – taxpayers will miss him; 74 campers registered for the Summer Park Program, which starts on June 24th, with one more sign-up day on June 22nd – 13 Counselors were hired and there will be some new activities this year – Best Day parking will be at Borough Hall – information to come on a Family Fishing Day, Yoga and Pickle Ball – 10-12 teams will participate in this year’s Intercoastal Tug of War (Mayor Reid: made $13K last year) – kept camp costs down, etc.; lost one of his summer renters to Rehoboth Beach this summer, as Airbnb tax would add $1K to their week here; asked DPW Super. Trout to look at flashing one-way signs in town to decrease accidents (Councilman Vogel: suggested ones with timers, as they flash in people’s windows); complimented Mayor Reid: on the concert and Boat Race – fantastic weekend; read a personal statement: “This past week I filed my paperwork to switch my party affiliation to the Libertarian Party. I don’t see any reason why I would remain a member of a supposedly Republican Party that just chose Kevin Riordan as the next Mayor and nominated three tax and spend Socialists as their candidates. I have gone to where the true fiscal conservatives go, as we continue to be betrayed on the local, State and Federal level. Should the so-called ‘Republicans for Change’ group get elected, I will not caucus with those so-called Republicans and I’m sure they don’t want me in the room as they figure out what favors they are going to pay back and what behind-closed-door plots they’re planning.”
 
Mayor Reid: has six months left – at every meeting, will announce something he wants to finish strongly – talked to BA/CFO Riehl about the Length of Service Award Program (LOSAP) for First Aid and Fire – wants to add $250 to the current $1K and more steps – will work with First Aid and Fire on it – an incentive that has to be earned – these volunteers put their lives on the line – want to keep the current volunteers and attract more – will be something on the next agenda – financially, it’s doable (Councilman Cortes: currently in the lower third among surrounding towns).
 
               The Municipal Clerk added items to the agenda.
 
PULIC PARTICIPATION BEGAN AT 8:06PM
 
Dave Cavagnaro, PPB: asked about item 2d – concerned about water getting into the basement.
Marilyn Burke, PPB: asked about item 3b.
Vince Castin, PPB: asked about items 1g, 1h and 3j and band shell concerts.
 
PULIC PARTICIPATION ENDED AT 8:10PM

            Motion by Councilman Vogel to close public participation and approve the items listed below was seconded by Councilman Santanello and carried by roll call vote.
CONSENT RESOLUTION 1:
1a     Approval of 2019/2020 ABC License renewals (22)
1b     Approval of payment of Payroll #11 ($260,518.73) & Payroll #12 ($287,609.73)
1c     Memorialization of approval of S/E app for Screen Time for Children educational seminar, 6/10 
1d     Approval of PO to Premier Electronic Solutions for Meter Shop security/annual inspection ($3,495)
1e     Approval of payment to J Ford Electric for WTP pump repairs ($2,308)
1f      Approval of PO to Safe-T-Tank for DPW oil-gasoline storage tank ($6,839.17)
1g     Approval of payment to EJ Schusters for Court file cabinets ($7,784.25)
1h     Approval of payment to EJ Schusters for Court desks, returns, hutches, mats ($5,161.86)
1i      Approval of payment to BTMUA for May bulk water usage ($93,996)
1j      Approval of payment to Petroleum Traders Corp for DPW gasoline ($13,619.85)
1k     Approval of PO to Petroleum Traders Corp for DPW gasoline ($25K)
1l      Approval of payment to Hudson County Motors for 2019 Autocar ACX 64 for DPW ($245,238)
1m    Approval of payment to Selective Flood Insurance For substation flood insurance ($6,303)
1n     Approval of Summertime Surf S/E application for surf lessons on Maryland Ave Beach, 6/24-28
1o     Approval of PO to Bluegrass Playgrounds for Pleasure Park swings ($6,467)
1p     Approval of Best Day Fdn S/E app for Surfing w/Kids with Special Needs, MD Ave Bch, 7/13-14
1q     Approval of Rec Cmte S/E app for Town Bonfire-Local Summer, MD Ave Bch, 9/7 (rain: 9/8)
1r      Approval of pymt to M. Woszczak Mech Contractors for Trenton storm drain collapse ($13,075.95)
1s     Approval of payment to FSD Enterprises for Wireless Communication Service ($4,800)
1t      Approval of payment to State of NJ for employee & retiree health benefits for June ($118,117.63)
1u     Approval of payment to Office Business Systems for FTR contract renewal ($1,867)
1v     Approval of 3 W/S relief requests
1w    Memorialization of pymt to Integrated Tech Systems for 84 rolls of thermal meter paper ($2,779)
1x     Approval of PPBHS S/E application for Homecoming Parade from PPBHS to Antrim, 10/25
1y     Approval of pymt to Bruce Callander Plumbing for replacement/upgrade of heat at WTP ($9,270)
1z     Approval of pymt to Ground Hawg Demolition for demo/fill/excavation of Seacoast Oil ($23,500)
CONSENT RESOLUTION 2:
2a     Approval of PO to MAXR for downtown trash/recycling cans ($37,255.50)
2b     Approval of resolution providing for issue, adv, sale, etc., of gen’l improvement & W/S utility bonds
2c     Approval of execution of addendum formalizing MOAEC rate reduction & extension
2d     Approval of revised Gavan Cont. proposal for basement wall improvements/planter ($30,426.18)
2e     Approval of PO to Rio Supply for water meters ($7,778)
2f      Approval of taxi vehicle license for Mantoloking Taxi
2g     Memorialization of approval of 3 taxi vehicle licenses for Mantoloking Taxi
2h     Appointment Asst. Director & 12 Counselors for the Summer Park Program
2i      Approval of Arts Committee Movie Night at the Food Shack on the Boardwalk, 7/16/19
2j      Auth for Borough Engineer to act as liaison in US Census Bureau’s New Construction Program
2k     Approval of pymt to M. Woszczak Mech Contr. for NJ/St. Louis storm drain collapse ($9,379.49)
2l      Approval of curb cut at 107 Niblick Street – PER DH MEMOS
CONSENT RESOLUTION 3:
3a     Approval of payment of computer-generated vouchers ($570,350.56)
3b     Approval of payment to Beyond the Office Door for 2 dispatch chairs ($3,285.72)
3c     Approval of payment to Atlantic Tactical for Police shields, decals, face shields ($12,210.30)
3d     Approval of payment to Dell Computer Corp for 2 Police computers for school cameras ($1,769.78)
3e     Approval of payment to Dell for 2 Optiplex 5060 SFF computers for the PD ($2,143.18)
3f      Approval of PO to Glenco Supply for stenciled cones and bands for PD ($3,350)
3g     Approval of membership in PPB Fire Company No. 2 for N. Ramos, PPB
3h     Approval of membership in PPB Fire Company No. 2 for D. Storino, PPG
3i      Approval of jr. membership in PPB Fire Company No. 2 for J. Ramos, PPB
3j      Authorization for Borough Attorney to amend salary ordinance to increase Crossing Guard salary $1/hour effective upon ordinance adoption and to reflect new minimum wage requirements
3k     Appointment of D. O’Neill to the position of Deputy Emergency Management Coordinator
VOTE: Councilmen Vogel (except 3), Cortes, Toohey (except 2l), Migut (except 3a,g,h,i),
                        Santanello….YEA
                                    Councilmen Vogel (3), Toohey (2l), Migut (3a,g,h,i)….ABSTAIN
                                                Councilman Kanitra….ABSENT
             
ORDINANCES:
 
            Ordinance 2019-07 (Eliminate Handicap Space at 309 Arnold) 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 2019-07 was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Toohey, Migut, Santanello….YEA
                        Councilman Kanitra….ABSENT
         E.J. Geiger, PPB: asked why space is being removed – one by his house is always used (Councilman Toohey: homeowner request; Councilman Cortes: per Engineer Savacool, every parallel spot is handicap – when requested, homeowners are told it’s not specifically for them).
 
            Ordinance 2019-08 (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 Migut to close the public hearing and adopt Ordinance 2019-08 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Toohey, Migut, Santanello….YEA
                        Councilman Kanitra….ABSENT
 
            Ordinance 2019-09 (Multi-Purpose Bond) was considered on second reading. Mayor Reid opened the public hearing.
            Marilyn Burke, PPB: asked the cost to generate bonds and pay interest (Councilman Toohey: not fair to ask today's taxpayers to pay in full for things residents will enjoy for 20-30 years – debt service comes off throughout – when money is borrowed, it is issued as notes and then converted to long term bonds – debt service will continue to go down until 2021; went over a lot of this at the Budget hearing – would be happy to get her numbers).
            Kevin Riordan, PPB: asked if bond includes money for Boston Ave. ramp (Councilman Toohey: yes, money for the bulkhead) asked him if would not vote, due to conflict (Councilman Toohey: doesn't know) and if any other Councilman lives near enough to him to have a conflict (Councilman Toohey: is not in conflict based on proximity – not within 200' – it’s a perceived conflict, not a legal one) standard is appearance of impropriety.
            Joseph Zisa, PPB: represents Property Owners Association – been talk of concerned parties getting together to discuss what's being done in conjunction with the bulkhead replacement – don’t want bond ordinance approval to be a stamp to go forward with proposal to build a ramp/ladder/dock (Councilman Toohey: not a stamp – projects would have to go out to bid and be voted on by the Governing Body – will vote on the bond ordinance because it is not implicit insurance that this project will happen – there is a lot in the ordinance that Council has worked diligently on (Councilman Vogel: approving the bond is just authorization to get funding – can’t approve a project until there is money – after bond is approved, it needs to be published – it is 20 days after that before funds become available – projects get brought up individually and Council members vote on them – no guarantee any will get done; Councilman Toohey: under no circumstance will a bulkhead/ladder/kayak ramp be built based on this vote – conversations have to take place) apologized to Councilman Toohey for any grief.
         Rob Strahle, PPB: $120K is a lot of money for 60 feet of bulkhead – hopes to meet with Councilman Toohey to express concerns about who owns the property/property rights – doesn’t want people outside his house at 4AM – there is a lot of good stuff in the ordinance that needs to pass (Councilman Toohey: apologized for the meeting delay – been trying to schedule it – Mr. Riordan mentioned the perception of impropriety – doesn’t want that – other Council members are willing to take it on – will meet prior to doing anything) bulkhead repair is not an emergency and doesn't have to happen right away; asked if purchasing a $28K scooter (Councilman Cortes: it’s a cubby car for trash).
            Kevin Riordan, PPB: the deed that conveys rights to Borough shows that the ladders and ramp would be outside the area granted – what was granted was an easement to build a road – so, the Borough does not have the right to build a ladder of any kind – read a letter, written by prior Borough Attorney Serpentelli in 1978, which states that Lawyers Title Insurance Co. concluded the area is owned by the State of NJ and the Lake Louis Property Owners Association, under the terms and conditions of the riparian grant – thinks the Borough is spending money on something it doesn't own.
            Councilman Vogel: on May 3rd, Gov. Murphy signed Senate Bill S1074 – pertains to public trust rules and encourages public access to all tidal waters and adjacent shorelines – should ensure Governing Body protects itself – could jeopardize future CAFRA permits – asked Attorney Zabarsky to look into.
            John Dixon, PPB: nobody he knows is against public use – worried about it becoming a hangout/ picnic area/park/playground/nuisance – this is not the PPB of 20 years ago.
            Albert Varosi, PPB: received an email with a plan for a Boston Ave. ramp – asked if design was authorized (Councilman Toohey: was authorized as part of the CAFRA permit – believes there is a miscommunication – CAFRA application included a ramp design – he did not suggest the ramp in his communications came from the Open Space Committee – Governing Body’s thought was to put public access in the plan now – can always not do it – as it would be much more difficult to get another CAFRA permit – multiple steps are necessary before anything gets mobilized) asked where the $120K bulkhead estimate came from (Councilman Toohey: the Engineer) any marine contractor would quote $200/foot for 50-feet of bulkhead and a CAFRA permit is not needed to replace a bulkhead in kind – per his earlier email to the Governing Body, sketch is flawed with regard to ADA, length and danger to infrastructure, which hasn't been installed/replaced in 60+ years – number should be reduced to about $20K – seems that Open Space Committee is pushing this and it is going to happen (Councilman Toohey: sorry that’s his perspective; Councilman Vogel: there is work not listed in the ordinance, such as Holly Ave. re-pavement, where funds could be allocated) asked if the ordinance includes re-doing the pipe (Councilman Toohey: no, but that should be looked at) headwall is severely decrepit (Councilman Toohey: headwall is not bad, it’s the cement leading up to it; Councilman Cortes: doesn't deny the headwall and pipe are deteriorating – scope of work for the tide gate boxes did not include replacing pipes going out to the headwall).
            Motion by Councilman Vogel to close the public hearing and adopt Ordinance 2019-09 was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Toohey, Migut, Santanello….YEA
                        Councilman Kanitra….ABSENT
 
PUBLIC PARTICIPATION BEGAN AT 8:35PM.
 
Mona Waivada, PPB: Engineer Savacool proposed raising the water level in Little Silver Lake by 1.5 feet – will do nothing to bring back the lake’s appearance and functionality – proposed restoring it to a proper level in summer – her house is for sale – everyone who looks at it asks what is wrong with the lake and if it will stay like that – wouldn't have bought there if that is how the lake was.
Dave Cavagnaro, PPB: asked Council to look into sign on Risden's building that says no public use of bathrooms, as public funds were used there; asked Council to consider covering cost of concerts.
Vince Castin, PPB: dredging eliminated flooding in the lake – can’t dredge next to the bulkhead – raising the water to the height of the bulkhead might be pre-emptive for additional flooding.
Rob Strahle, PPB: if bulkhead is taken down and ramp put in, Niblick and Central will flood.
            E.J. Geiger, PPB: could be more of a compromise on the lake; asked Chief Michigan to put lights on officers’ bikes – dark uniforms on black bikes – can't see them.
            Lucille Buonocore, PPB: Boardwalk benches are painted different colors and spaced all over – now writing on rocking chairs – paint all over – asked about rules and numbers of benches.
            John Dixon, PPB: his mother has a house on Boardwalk since the early ‘70s – benches are out of control – people are hanging out on them and talking late at night – idea used to be to keep people moving – look shabby – put them by the businesses, not residential areas.
Cathy Sogorka, Environmental Commission: asked about the single use plastic bag ordinance – did outreaches at farmers market and on Boardwalk – some are not complying – asked for enforcement.
Marilyn Burke, PPB: blinker light at Central and Arnold causes accidents – suggested stop signs.
 
PUBLIC PARTICIPATION ENDED AT 8:58PM.
 
Motion by Councilman Vogel to close public participation and adjourn was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 8:58PM. 
 
 
 
ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk