Borough of Point Pleasant Beach Borough of Point Pleasant Beach
Council Meeting Minutes
August 20, 2019
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 7:03PM. Present were Councilmen Cortes, Kanitra, Toohey, Migut and Santanello. Councilman Vogel arrived at 7:40PM. 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 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 as follows: one personnel matter. 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, Kanitra, Toohey, Migut, Santanello ….YEA
Councilman Vogel….ABSENT
CLOSED SESSION BEGAN AT 7:04PM AND ENDED AT 7:18PM.
Mayor Reid called the regular meeting to order at 7:32PM. Present were Councilmen Cortes, Kanitra, Toohey, Migut and Santanello. Councilman Vogel arrived at 7:40PM. 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 August 6, 2019 Council meeting minutes was seconded by Councilman Toohey and carried by roll call vote.
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut….YEA
Councilmen Santanello …ABSTAIN
Councilman Vogel….ABSENT
DEPARTMENT HEAD MEMO/DISCUSSIONS:
Councilman Cortes: agrees with ZO Petrillo’s memo that requests for the following curb cuts to remain as is during St. Louis Ave. paving – requests are in response to letters sent to homeowners, whose curb cuts do not fall within the minimum and maximum width established by ordinance.
1301 St. Louis Ave. – APPROVAL ADDED AS ITEM 1CC.
318 Washington Ave. – APPROVAL ADDED AS ITEM 1DD.
1100 St. Louis Ave. – APPROVAL ADDED AS ITEM 1EE, WITH STIPULATION.
400 New York Ave. – APPROVAL ADDED AS ITEM 1FF.
Leave Only Your Footprints (LOYF) Program
Robert Duer, President, Leave Only Your Footprints (LOYF) Program: distributed information – not-for-profit 5013c Environmental Advocacy organization, incorporated in NJ with worldwide reach (Councilman Vogel arrived) – developed in Manasquan, reincorporating a program that the Surf Rider Foundation did in Maryland – developed a logo – idea is subliminal messaging and behavioral modification – children will inherit this planet – must be proactive and work towards eliminating single use plastics – trying to address in various ways, including educational modules – parks and beaches are becoming litter boxes – as a surfer for more than 50 years, he sees it getting worse every day – beaches here are used year-round – important that receptacles are left out – been successful in Brick and Asbury Park – talking with Howell and NJ DEP – going town-to-town – strategically-placed signage, decals and bumper stickers have impact over time – has letter of recommendation from Manasquan vouching for it – program is offered free to municipalities – can then work with environmental and civic groups, surf team, local media, etc. – people will buy in – very simple – Risden's Beach has the program – asked Governing Body to work with Jenkinson’s (Mayor Reid: there are garbage cans and receptacles downtown, on street ends and throughout town) looking to create things that are more interactive – www.loyf.org is the web site – want it to go viral – grass roots organization – gearing up for 2020 grant season (Mayor Reid: doing everything possible to reduce waste and tell people where to put recyclables – educational process is important – have a great Environmental Commission (Councilman Kanitra: Commission discussed their own stickers – this is complementary – might want to pick and choose; Councilman Toohey: asked that LOYF and Environmental Commission talk off-line) did a map for Manasquan (Mayor Reid: asked Mr. Duer to meet with Commission and for BA/CFO Riehl to give him a count of PPB’s trash/ recycling cans).
Form Based Code (FBC)
Mayor Reid: asked Stan Slatchetka, T&M Planner, to discuss the process and its importance.
Stan Slatchetka: reviewed FBC, reviewed the fundamental aspects of what was discussed at the last Council meeting and brought extra copies of the handouts – provides for a variety of architectural types and building elements – 1st step is evaluation of existing building types and forms – important to recognize existing and important characteristics that define downtown (Mayor Reid: will ensure PPB doesn't lose its character; Councilman Kanitra asked him to elaborate on the term “flexibility”) FBC can create nuance and depth within a 3-dimensional area – can regulate block-by -block/area-by-area (Councilman Kanitra: asked if the item can be pulled; Attorney Zabarsky: recommended pulling it and discussing at that time) re-explained the analysis/ordinance/Planning Board review process, etc. (Councilman Cortes: asked if FBC suggest styles and facades but not dictate) yes – does not demand architectural style – buildings’ relationship to street is important – certain street would have certain plans and building types – limited range of opportunities – would work with municipality/task force and provide results of analysis (Councilman Vogel: asked about the study process and obtaining shareholder feedback) would work with the municipality – Council, subcommittee, workshop, etc. – want to understand what is there and make no assumptions – no presupposed outcomes (Councilman Migut: suggested Master Plan Review Committee would be the one to meet with) initial study would be helpful information for the Master Plan Committee – evolutionary approach (Councilman Kanitra: catalyst was a small group of non-residents meeting to accomplish a set of objectives downtown – now on agenda to spend $20K on this – Councilman Migut's point about the Master Plan Committee is valid – putting cart before horse; Mayor Reid: lot of misinformation – glad Mr. Slatchetka came).
Skateboard Park
Mayor Reid: important that PPB has a skate park – have a surf culture –pocket park next to the $750K Little League field (PPBLL) is the perfect spot – no neighbors – have more than $1.2M in the Open Space fund – talked to builders of parks in Pt. Pleasant Boro, Brick ($280K) and, the one that he believes should be used ($155K-$188K) – has 2 different designs – will make copies of handouts that talk about the benefits of skate parks and obeying the rules – tried before – location wasn't proper – this one is (Councilman Migut: would favor it if placed in the northwest corner of the railroad lot – would lose a few parking spaces that aren't occupied anyway and it's isolated) that area has neighbors – had experts come up with a design for PPBLL location – it's bigger than Pt. Pleasant Boro's – can look into the railroad lot, but near the PPBLL is the perfect recreation area (Councilman Migut: will lose parking in the undersized Post Office lot) won’t be able to park there – will be parking rules – great place to put a camera facing the park – can be shut down at a certain time – thinks it will work for all (Councilman Santanello: important to increase recreation possibilities for kids who do non-traditional sports – lot of kids don’t play little league – skateboarding has been proven to be statistically safer than football – kids are now going to tennis courts – Police go by PPBLL all the time – skateboarding is a 2020 Olympic sport – very much in favor of it; Councilman Kanitra: asked about dated proposals and discussions) has had all 3 builders to the park to look at it, measure it and give a proposal – likes Spohn Ranch Skate Parks out of California – met with a representative from Red Bank who has done a number of parks throughout NJ (Councilman Kanitra: asked if he has dated discussions with the other 2) yes – they came out to the property – Spohn has a national contract called Sourcewell Purchasing, so don’t have to bid (Councilman Kanitra: is youngish – grew up in town – doesn’t think skateboarders are bad – this is a skate and surf culture – concerned about the lack of transparency – he asked at the last meeting if a skate park was being worked on and was told on the record, no – so much involving tons of money is being done in a secretive, seemingly forced manner, getting moved through pretty quickly – thinks Open Space money should be used to obtain, not take away, recreational areas – he is sure there is an area in town where this could work – hasn't seen an environmental study – seems like the Mayor has had unilateral discussions with 3 companies and Council must go based on that instead of going through the bid process – lot of money not initially budgeted for – not sure getting the best price through informal discussions – Councilman Toohey has said on the record he would only support the skate park if it was funded through donations – that seems to have been taken off the table – town money could be better spent on something to generate, not cost revenue –the Boro’s Mayor Sabosik had a lot of issues when they opened their skate park – their police had to open and close it daily, have a program of skaters to watch younger skaters, spend $5K-$10K on maintenance – questioned the return on investment) the Boro learned a lot and PPB will learn from other towns – will play by rules – will do concrete, not portable, so less maintenance – there are great kids and families in PPB and this is another quality of life he is looking to bring to the town (Councilman Vogel: asked the targeted age group) no half pipe – area for smaller kids and area for excellence – have quite a few kids skating and surfing (Councilman Cortes: spoke with the Boro’s Chief Larsen, who said there were a lot of problems early on – park was shut for over a year and Borough Hall and the Police got a lot of calls – came up with rules – open at 10AM, close at dusk, parents self-police it – permit is required for use – no problems now – used to get out of towners, mostly from Brick, but now that Brick has one and they don't – Chief Larsen would have said no to the park in the past, but now would say yes; Councilman Kanitra: Boro’s Mayor and Council say they would prefer not to have it) it’s open the Boro – has not heard that their Mayor and Council are against it – can't do BMX in this park – location is very similar to the Boro’s (Councilman Vogel: JIF sets the rules – no bikes, scooters, etc.) JIF didn't like it years ago, but now it's happening all over.
Motion by Councilman Santanello to add to agenda a vote on Spohn Ranch Skateboard Park was seconded by Councilman Toohey and carried by roll call vote – ADDED AS RESOLUTION 3.
VOTE: Councilman Vogel, Cortes, Toohey, Santanello….YEA
Councilmen Kanitra, Migut….NAY
COMMITTEE REPORTS:
Councilman Vogel: thanked Shade Tree for watering plants and trees – DPW staff shortage – Chamber members are helping as well; need to speak to County about no entry on Arnold, east of Ocean – people are ignoring cones and barriers – will talk to County about seasonal signage; thanked DPW for great job – out on Sundays, always friendly – getting positive feedback – are appreciated.
Councilman Cortes: basement waterproofing is complete – Councilman Kanitra can have his group plant flowers there – storm drain is done; Beautification Committee will meet next week.
Councilman Kanitra: Environmental Commission wants to ensure (basement) project is environmentally sound with native plants (Cathy Sogorka, Commission Member: hoping for no grass) pavers will keep it waterproof; Local Summer Bonfire is September 7th – Chamber restaurant tour is earlier that day – the band, Dentist, is playing surf music – pizza for locals – great community event; Arts Committee is planning the next Arts Gala – probably in March – made about $25K at the last one – hoping to surpass; Jim Inzero is working on another mural at old Point Bay Oil Company’s unsightly white wall on the west side of the train station – need to figure out insurance issues; spoke about Kratom a few weeks ago – Attorney Zabarsky looked into options to ban the sale – at one location, it is 1/3-1/2 of their business – lot is being sold to kids – banned in 6-7 states already and multiple municipalities – have the ability to ban if in the interest of public health and for the public good – FDA issued a health warning about the dangers and health problems it causes, including seizures – NJ Legislature has drafted legislation about it – that, plus data points in other states that have banned it would make justification for PPB to ban the sale (Attorney Zabarsky: very good summary of his letter – no Federal or State legislation banning Kratom, but 6 states and 3 cities have – considered a dangerous substance with no beneficial use by the FDA – being touted to help with opioid addiction) there are no real studies that show that (Attorney Zabarsky: it’s a Southeast Asian based plant used as an herbal supplement – per NJ statute, can pass an ordinance that doesn't conflict with current law; Mayor Reid: don’t like Kratom – asked who has it in Legislation; Attorney Zabarsky: on February 1, 2018, District 12’s Assemblyman Dancer, proposed criminalizing possession, use and manufacture – it’s Assembly Bill 2865 in the Law & Public Safety Committee – waiting for a Senator sponsor – has mentioned it to a few; Mayor Reid: if Attorney Zabarsky can come up with an ordinance, will ban it – maybe get Ron Dancer here; Councilman Vogel: asked Chief about issues if other substances can be included; Chief Michigan: not off the top of his head; Mayor Reid: Juuling is out of hand).
Motion by Councilman Kanitra to add to the agenda authorization for the Borough Attorney to draft an ordinance banning Kratom was seconded by Councilman Santanello and carried by roll call vote – ADDED AS RESOLUTION 4.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello….YEA
Councilman Toohey: spoke to Kim Carr, the Antrim art teacher, about drop boxes created by the High School woodshop class for book exchange – needs Board of Education approval – looking for strategic locations (Councilman Santanello: she has concerns about funding as well) she is a BOE employee – doesn't want to pre-empt the BOE – she should talk them (Mayor Reid: should talk to the Little Red Library); his wife is running the Cooks Tour, the PTO’s biggest fundraiser – are short 4 houses – asked for volunteers; asked BA/CFO Riehl to verify that Spohn Ranch is part of Sourcewell (BA/CFO Riehl: PPB is a part of Sourcewell – cannot verify that Spohn Ranch is; Mayor Reid: will get her the file – design gave the cost per square foot – will be a clean site, so no big environmental study is needed; BA/CFO Riehl: Mr. Zabarsky is the JIF attorney and has brought to her attention some procedures to be followed) may make a motion to table this to get that information in place – doesn’t want to put the Governing Body and community in a weird spot (Attorney Zabarsky: is the MEL JIF Attorney – skate parks are a big issue for insurance companies – MEL JIF put out a bulletin that he will send to BA/CFO Riehl to disseminate – it’s Bulletin MEL 19-09/Skating Facilities Guidelines & Coverage Requirements – in order to maintain Title 59/Immunities and Privileges and $5M insurance coverage, there are specific guidelines that would be helpful – must comply to get insurance; Councilman Kanitra: would be helpful to know what those components are before voting).
Councilman Migut: reiterated information about the water meter replacement project – asked if there was a public service announcement (BA/CFO Riehl: it’s on the web and was sent with the water bills – fewer than 800 left to do out of 3,600); Animal Welfare Committee fall fundraiser is October 30th at Last Wave Brewery with pizza and a silent auction with donations from area businesses – Karen Mills will have tickets; Floodplain Management Committee held its annual meeting last night (Councilman Toohey stepped out briefly at 8:41PM) residents currently enjoy a 20% reduction in flood insurance premiums because of the work of CO Gardner, the Engineer and the Committee –recommend encouraging Reverse 9-1-1 sign up – raising awareness through simple notices and readily-available forms, providing notices in the Ocean Star bulletin section on a continuous basis and including sign up information in an annual letter are easy methods to reach residents and non-residents will help obtain points – the more people who can be notified of flood emergencies, the better – on a scale of 1-10, PPB is currently a 6 – can't get much better being by the ocean); have one Planning Board application in September – a New York-style Kosher deli, where the hookah pipe store used to be – a welcome addition to PPB – maybe shouldn’t get too anxious – things go in cycles.
Councilman Santanello: Recreation Committee will review the summer camp at the next meeting – Rec Basketball sign ups will start in late September – Tug of War is October 12th – 12 teams, up from 5 last year – Joint Naval Base vs. Earle, gyms vs. gyms, etc. –lot of participation – can sign up for the radio station teams – information will be on the web soon (Mayor Reid: raised $13K last year – $10K went to Rec and $3K to the handicap swing) basketball nets and backboards are on the agenda for approval; gave the Police report since the last Council meeting – training in SWAT, Canine and Extreme Protection Order – 43 arrests for numerous criminal offenses and 62 for Borough ordinance offenses – gearing up for the Drive Sober or Get Pulled Over State-wide Labor Day crackdown – Police advise all, if planning to drink, use a designated driver, take mass transit, a taxi or ask a sober friend to drive, spend the night where the activity is held and always buckle-up – planning for added patrols from NJ State Police, Ocean County Sherriff’s Department, Ocean County Prosecutor’s Office and NJ Department of Homeland Security during Labor Day weekend.
Mayor Reid: Beach Days for All was last Friday at Maryland Ave. beach – thanked all for support – have fiberglass mats for wheelchair access – 2nd town to do it – Seaside Park was first – thanked BA/CFO Riehl, DPW and lifeguards who helped to put it down, take it up and put it down again – went well – wants it to go out further next year – named after former Councilman Loughran's grandson, Callan Costa – Costa family donated a lot toward it and there have been 2 fundraisers in town; basketball courts and nets to be installed soon, now that camp is over (BA/CFO Riehl: payment approval is on the agenda), as well as handicap swings (BA/CFO Riehl: been waiting until camp is over to pour the concrete walkway to the swings).
BA/CFO Riehl: PPB is on the Ocean County 2020 paving projects list – Ocean Ave., Rte. 35 to Broadway and Arnold Ave., Rte. 35 northbound to Ocean – did an asset management plan that identified needed infrastructure repairs – one of the oldest water mains is on Ocean Ave. and was installed in the 1920’s – will coordinate repair with the County during paving; are designing improvements to Maryland and Delaware Aves. and hope to go out to bid shortly – going out to bid on September 12th on Arnold Ave. sidewalk plans and St. Louis Ave. Phase 11 – plan to issue the notice to proceed in early October, with a completion date for both around Thanksgiving.
The Municipal Clerk announced additions to the agenda.
Councilman Toohey: asked Attorney Zabarsky if he would have to draft enabling legislation for (skate park) to be OK with the JIF (Attorney Zabarsky: JIF requirements are by resolution or ordinance) asked what happens if it is comes to pass and Spohn Ranch is not part of Sourcewell (Mayor Reid: will go out to bid; Councilman Vogel: approval could be amended to reflect that the project be built in accordance with JIF guidelines and subject to verification of being in Sourcewell; Attorney Zabarsky: would specify Bulletin 19-09) asked what numbers the Mayor was quoting (Mayor Reid: PA builder was $280K – they dug a bowl – this one, $155K-$188K/price per square foot, will have cement on top) asked that “pending participation in Sourcewell and not to exceed $190K” be added to Resolution 3 (BA/CFO Riehl: asked who oversees construction (Mayor Reid: they will build and design it and we have engineers that will engineer it – so that will cost a little bit more as well).
PULIC PARTICIPATION BEGAN AT 8:54PM
Dave Cavagnaro, PPB: asked about 1r – if study can be presented to public before ordinance goes on agenda (Mr. Slatchetka: can be; Mayor Reid: yes – important that everyone gets a chance to talk about what they want to see in their town in the future); asked about Resolution 3 – if Council has seen the proposals (Mayor Reid: some have) and if it's been vetted through BA/CFO Riehl (Mayor Reid: no) in 2017, were told the public would not be asked to pay for it – asked that it be tabled until all have seen and are comfortable with the proposals.
Marilyn Burke, PPB: asked about Resolution 3 – how much insurance would cost (Councilman Toohey: no impact on premium; Councilman Kanitra: unless a lot of accidents; Councilman Toohey: to some extent, JIF favors municipalities creating skate parks – they have found reduced liability because kids aren’t skating on streets; Mayor Reid: kids will have to wear helmets and pads) asked how many PPB kids will use it (Councilman Santanello: has spoken to at least a dozen families with a minimum of 3 kids – all are in favor) costs a lot – asked, if there are a 2 or 3 accidents, if insurance will still be provided and not be cancelled (Attorney Zabarsky: as long as the municipality meets the detailed requirements of Bulletin 19-09) asked if an attendant will be required (Mayor Reid: no).
E.J. Geiger, PPB: likes the idea of a skate park – concerned that it is early to vote on this tonight – not all have seen the plans – need it in writing that Spohn can meet all requirements before signing an agreement – Council needs to see all 3 bids (Mayor Reid: Spohn has done this in many places – everyone will see the designs by next meeting – thinks there will be a second reading; Attorney Zabarsky: Bulletin says municipality must adopt a resolution or an ordinance approving the design and construction facility; Councilman Kanitra: would be a second reading with an ordinance, not a resolution; Mayor Reid: let’s do an ordinance; Attorney Zabarsky: specifications and design must be approved by the Safety Director of the insurance company before it can be built – need to see Bulletin).
Vince Castin, PPB: skate park is a bad idea/huge liability – Open Space money can be spent wiser – will increase Police presence, bring in out-of-towners and create more problems – was attempted a short time ago – he turned in about 100 signatures from people who don't want it – Council should listen to residents – appreciates Councilman Santanello’s comments (Councilman Santanelllo: asked if the Governing Body should not listen to the residents who want it; Mayor Reid: location last year was by the lake (Councilman Kanitra: should put it to a referendum, along with FBC; Councilman Toohey: let’s just abandon representative Democracy – a cop out) leave it to the people – there are enough people here to represent – should be concerned about more important issues than straws.
Olga Sgambettera, PPB: not for or against the park – concerned about the way it's being done – making a decision on something of some importance – need to rethink how going about it – might turn off supporters just because of the procedure being followed.
Kristin Hennessy, PPB: can’t get microphones in Borough Hall to work but going to come up with rules for a skate park – 2 years ago, the issue came up and Mayor Reid was opposed to it (Mayor Reid: no – he was opposed to the location) issue divided the town with petitions for and against – 250 taxpayers signed a petition opposing it – concerned about the process – Councilman Santanello just said 36 kids in town would be interested in skateboarding (Councilman Santanello: said that’s a minimum – spoke to a dozen families) Councilman Toohey said he would not support the use of public funds for it and now using public funds – admirable that Councilman Kanitra talked about $25K raised for the Arts Committee – asked Mayor Reid what fundraisers he has planned to raise money to construct the skate park (Mayor Reid: not going to – is going to use Open Space) asked if he consulted the Open Space Committee (Mayor Reid: no) read an August 19th email from Open Space Chair Lightburn to the Committee, saying that a skate park is the agenda and she has not heard from Councilman Toohey with details as to location, size, appropriate ages, cost, funding, etc. – asked Councilman Toohey if he is still liaison (Councilman Toohey: last time he raised this to the Committee, a member drafted a letter accusing him of being on the take from the surf industry, which he had to send to the Ocean County Prosecutor’s office – been through this, knew where they stood and is comfortable) decided to go around them and put this on the agenda (Councilman Toohey: did not go around them – specifically chose not to include them because the last time he did, he was accused of a crime by a member of that committee) she too had to go to the Police Department with a threatening letter that she received for opposing a skate park – clarified that she is not opposed to a skate park, but the location on the lake or in Pleasure Park – if doing something so controversial 2 years ago, should get buy-in from all Councilmembers – heard Councilman Migut say he could support a skate park and proposed an alternate location in the northwest part of the railroad station – asked if there would be discussion before it is rammed through, even though there are half a dozen or more people present calling for it to be tabled – a Councilman who opposed a prior skate park now says he could favor one in the right location – used to have one in town when she was in High School (Mayor Reid/Councilman Cortes: that was for profit) was in a commercially zoned location away from residents – could potentially have buy-in from Councilmen Migut and Kanitra (Councilman Kanitra: that is accurate) asked what the rush is (Councilman Cortes: is all for a park).
Doug Vitale, PPB: PPBLL Board Member – spends a lot of time at those fields – not the best space for this – very condensed – would be open to another location (Mayor Reid: thought it was small at first, but had experts measure it) would be interested in seeing the plans (Mayor Reid: asked Councilman Migut for clarification of his proposed location; Councilman Migut: looking west toward the railroad station, off to the right; Councilman Kanitra: by the cat trailers – he would put it there as well; Mayor Reid: has a problem with all of the neighbors there – his proposed location is great because there are no neighbors) asked about soliciting donations – Mayor has done a great job of this in the past (Mayor Reid: can be done – he thought, to start this off, there is over $1.2M in Open Space funds – doesn’t see any need for that money on the horizon – spent $750K on brand new baseball fields – doesn't think $200K is a lot to invest; Councilman Toohey: he lost juice on this the first time around – had a number of companies and organizations on the hook – if this passes, he will revisit that and work hard; Mayor Reid: this group also works with foundations and will try to get money).
Joe Feely, PPB: great idea – anything that can be done for kids and be available to a large majority is a good thing, but must look at expenditures and not OK in the midst of conversation – getting in and out of the Post Office is a problem today – sees a problem with people dropping kids off (Mayor Reid: understands and will have rules about that); downtown development presentation did not have enough detail – should make a 5-minute presentation on where the development is looking to go and who the developers are.
Councilman Toohey: asked BA/CFO Riehl to price out the Council Chambers’ microphone system for repairs or replacements for next meeting.
Cary Mulkeen, PPB: thinks 2 or 3 Councilmembers didn't know the skate park was on the agenda to be voted on – poor communication; doesn't understand why PPB can't use the Boro’s parks – taxpayer money is being pulled out of Open Space and it wasn’t discussed with the Chair – Open Space money is supposed to be allotted to buy available space – asked the last time money was spent to fix Pleasure Park – for a year, swings and gliders have been broken and swings missing – DPW does an excellent job with maintenance but only once per year to pull weeds and put down sawdust – want to spend $200K on a new park and don’t even maintain Pleasure Park (Mayor Reid: just spent $16.5K for basketball courts and nets and resurfaced the tennis courts – have a new handicap swing coming in – had new mommy and me swing built) showed pictures (Councilman Cortes: asked if she has contacted Borough Hall about these things) the blame is on all who don’t utilize the money properly on the equipment that should be fixed (Councilman Cortes: not blaming her – doesn’t go to the park everyday – if he saw something broken, he would notify Borough Hall – read from a pamphlet that one of the Open Space goals is to promote the upgrade and expansion of existing recreational facilities and provide new recreation facilities to meet the diverse needs of the Borough residents and visitors) should be done properly, voting on location and funding; asked BA/CFO Riehl about yellow paint on Randall Ave. (BA/CFO Riehl: it’s on the list – there is always a car parked there) asked if the parking spot can be taken out (Councilman Vogel: can’t because Ordinance 2019-13 will designate that area as a fire lane; BA/CFO Riehl: will be fixing a sinkhole at the storm drain there at the end of this week – will have to move the cars – they can paint it yellow at that time).
Lucille Buonocore, PPB: asked if there will be bathrooms at the skate park (Mayor Reid: no; Councilman Toohey: there are port-o-johns across the street at the train station lot for now); asked about Inlet bathroom maintenance, benches are a mess – rocks all over – asked about fixing what we already have.
Michael Ramos, PPB: can't believe what he is hearing – talking about building a skate park off the busiest thruway and intersection in PPB where there is no parking and where thousands of tourists get off the train and will see a park they can hang out in – was former Vice Chair of the Rec Committee for 7 years – can absolutely use Open Space funds for this, but would suggest a conversation with the Committee and the entire Council and it should be vetted through the Administrator, who doesn’t seem to know anything about it – only a select few Councilmembers were advised of the project – no transparency, rushed, being pushed through – not the way business should be run – it’s all done and wrapped in a bow and major stakeholders don’t know anything about it.
Darryl Monticello, PPB: been here 15 years – town needs smart growth – need a Master Plan to know where the skate park is going – no place to park – spent $750K on a baseball filed that was rushed through with 9-foot fences that make you feel like you are in a cage watching a game – been President of the Point Pleasant Soccer Club for 10 years – can’t even play in this is town – all part of the Master Plan – should buy Point Oil with the Open Space funds, a perfect spot for a skate park, his son would use it – or buy a piece of land and lease it through a non-profit that will fundraise for a skate park an then run it with the non-profit membership – then, there are no insurance liabilities, you know exactly who is using it, not using taxpayer money, no issues – suggested a parking garage (Councilman Toohey: been kicked around) asked about zoning issues and necessary variances – takes him about 9 months and $20K-$50K to get variances approved – maybe that lot should be extra parking for the Post Office – can debate and disagree but nothing gets done when people fight – has seen Mayors come and go – has seen some nasty stuff but this is just horrible – get back to basics and do what is right for the people of PPB.
Councilman Kanitra: asked that items 1r and 3 be pulled for discussion
PULIC PARTICIPATION ENDED AT 9:36PM
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 payment of Payroll #16 ($312,329.34) and Payroll #17 ($311,674.20)
1b Approval of amendments to Resolutions 2019-0806/1B & 1D – salary adjustments
1c Acceptance of Annual Audit for 2018
1d Approval of payment to the OC landfill to replenish escrow ($50K)
1e Approval of release of performance guarantee for 1500 Richmond LLC
1f Approval of release of performance guarantee for Bezmar LLC
1g Approval of payment to BTMUA for July bulk water usage ($132,705)
1h Approval of pymt to Liberty Parks & Playgrounds for basketball backboards/rims ($16,355)
1i Approval of pymt to Ingersoll Rand for reciprocating air compressors for DPW ($7,800)
1j Approval of payment to Riggins for DPW diesel fuel ($5,007.90)
1k Approval of PO to Petroleum Traders Corp for DPW gasoline ($15K)
1l Approval of payment to Petroleum Traders Corp for DPW gasoline ($14,626)
1m Approval of pymt to Turbo Electric for DPW disconnection of switches/thermostat ($2,600)
1n Approval of pymt to State of NJ for August employee & retiree health benefits ($117,581.25)
1o Approval of pymt to Custom Environmental Tech for 40 bags of Zetalyte for W/S Dept ($4,453)
1p Appointments to Floodplain Management Committee
1q Approval of Jenks South request to store rides in trailers on their property
1r CONSIDERED SEPARATELY AS RESOLUTION 5
1s Appointment of M. LoBianco to the position of seasonal comfort station attendant in DPW
1t Approval of pymt to M. Woszczak for emerg. Atlantic/St. Louis water main repair ($8,612.80)
1u Approval of pymt to M. Woszczak for Arnold/Chicago sewer main sinkhole repair ($5,657.47)
1v Approval of payment to Suplee, Clooney for preparation of the 2018 Audit Report ($22,150)
1w Approval of payment to Suplee, Clooney for General Obligation Bond services ($8,500)
1x Approval of pymt to Sterling DiSanto for USACE storm damage project thru July ($9,812.50)
1y Authorization to extend the interest grace period for delayed Water/Sewer bills
1z Approval of payments on BOA and Planning Board escrow bill lists
1aa Approval of ABC S/A Permit App for Chamber’s Tug of War event on Inlet & Ocean, 10/12
1bb Approval of S/E app for G. Harold Antrim PTO to sell Cook’s Tour raffles on Bdwk, Aug-Oct
1cc Approval of curb cut request at 1301 St. Louis Ave – PER DH MEMOS
1dd Approval of curb cut request at 318 Washington Ave – PER DH MEMOS
1ee Approval of curb cut request at 1100 St. Louis Ave – W/STIPULATION, PER DH MEMOS
1ff Approval of curb cut request at 400 New York Ave – PER DH MEMOS
CONSENT RESOLUTION 2:
2a Approval of payment of computer-generated vouchers ($1,571,075.43)
2b Approval of payment to Ocean Fire Company No. 1 for annual contribution ($18K)
2c Approval of payment to PPB Fire Company No. 2 for annual contribution ($18K)
2d Approval of payment to PP First Aid & Emergency Squad for annual contribution ($38,500)
2e Approval of payment to Valic for 2018 LOSAP awards ($39K)
2f Approval of payment to White Box Technologies for legacy data conversion for PD ($14,800)
2g Approval of pymt to The Rodgers Group for module subscription/online training for PD ($7,424)
2h Approval of pymt to Fire & Safety Services for truck maintenance for Fire Co No 2 ($2,921.43)
2i Authorization to promote from CSC police certification lists
RESOLUTION 4: Authorization for Borough Attorney to draft an ordinance banning Kratom
VOTE: Councilmen Vogel (except 2), Cortes, Kanitra, Toohey, Migut (except 2a, 2b, 2c, 2h),
Santanello….YEA
Councilmen Vogel (2), Migut (2a, 2b, 2c, 2h)….ABSTAIN
Councilman Kanitra: FBC study is opening a gateway to going vertical downtown at a maximum of 45’ – as Councilman, has not been involved – no transparency or public meetings – now Engineer is being tasked to come up with a FBC a few months before the 2020 Master Plan revision, which is a vital piece and would need to be in harmony – all this is getting jammed in, disregarding wholesale things that need to be considered – Mayor Reid will leave a good legacy for this town – kept taxes low for 4 years, which is admirable – but trying to jam things through for the future of the town – Councilman Santanello says he doesn't care what the residents think, will do what he thinks is best for the town (Councilman Santanello: will not argue with that – was elected to vote his conscience) he has different opinions on that – have heard from residents who oppose it – opening the flood gates for this study in advance of the Master Plan renewal – Councilman Cortes loves the history of this town – need something to protect historic properties and specifics about characteristics and aesthetics – can't be done with meetings with a few select individuals and without residents – if elected, he will repeal anything done with this on January 1st – wasting $20K of taxpayer money to go forward (Councilman Toohey: Arlene Testa and Doug Vitale will vote their conscience; Mayor Reid: hopes so – Councilman Kanitra is saying they don’t think for themselves) will do everything in his power to do it (Councilman Migut: next year, if lucky enough, he will be appointed to his 17th year on the Planning Board – has seen a lot – next year, the Master Plan will be reviewed – a slow 8-12 month process that is open to the public – this can wait until then – parking component is key if building up – he will vote no tonight; Councilman Vogel: anyone can poke holes in the process – need to start somewhere – was a mix of resident business owners – Stan Stlatchetka is a preeminent planner in NJ – he and Attorney Dennis Galvin have done much work for PPB – having sat in on some meetings, has no preconceived notions – will be an open deliberative process – makes no sense to throw out what the group thinks is best) the group was put together arbitrarily – the Mayor said on the record, when Mr. Cox came to talk about historic properties, that building owners can do whatever they want and now this group is leading the charge to develop FBC (Councilman Vogel: people with investments are willing to contribute and it’s a good place to start – getting resident, business and professional feedback is great – everyone will have input – he is not necessarily in favor or against height – is interested in learning – can't get anywhere because every time 2 people come to a meeting and say no, or when things get twisted, everyone runs and hides – should look at this issue and come back with a deliberative process and professional input, opinions and suggestions on how to move PPB forward – no matter what happens in 2020, all live here and have an interest – were all elected to do a job and are doing it) have 4 months until the end of the year – too rushed to be a wonderful deliberative process (Mayor Reid: been a lot of misinformation, which is why Stan came twice – his meetings with Councilmen Vogel and Cortes, lawyer and engineers were about how to keep PPB vibrant downtown – need specific guidelines and rules to put character back into PPB – Stan has done this in other towns – will be a great study with everyone involved – Planning Board will have a say – need a plan to move forward – Stan is a professional and it is a slap in his face to question him) have over a dozen vacancies now downtown and talking about implementing rules – it’s like with Lake of Lillies, which has runoff and problems and, for years, chemicals were thrown in, rather than treating the root cause – there is no economic and business development component to attract businesses and liven downtown – weeds downtown were atrocious last week – not paying attention to details (Mayor Reid: in the last 4 years, did a lot to make downtown great – trolley, shop local card, TV commercial – business and landowners don't take care of their weeds, so town has people come 4 or 5 times a year to do it – put flowers downtown through the Chamber – when someone says he doesn’t do anything and doesn’t worry about the details, that’s ridiculous; Councilman Toohey: Councilman Kanitra has been talking about revitalizing downtown for a long time – asked if he doesn't want this information) is actively working on an idea and a plan for downtown as well – have to start with a firm foundation – not a group of individuals including someone looking to knock down one of the most historic buildings – agrees that Stan is very qualified, but he wasn't involved in the process and if he didn’t scream about it last meeting, probably wouldn’t be having this discussion – other Councilmembers already have heights decided, etc. – Mayor is selling it to the public as just a discussion, when he knows what he is planning – he has very clear plans for downtown including complementary businesses and making it walkable and vibrant – people drive to the restaurants and leave – all the shops close at 5PM – need to look at how to bring people in before that and keep them afterwards and then have these discussions – it’s premature (Councilman Toohey: appreciates his candor and understands, but asked if Councilman Kanitra really thinks a Borough professional would jam something down by next January only to run into an entirely new group of elected officials) only reason for doing FBC is for heights in town to be raised (Councilman Toohey: doesn't know what's going on with this; Mayor Reid: because 2 other Councilmembers were in the meeting) T&M is a very capable firm – underlying root cause for this is to raise heights and what everyone will be voting for is a more vertical downtown (Councilman Vogel: has been accused of not being transparent, but Councilman Kanitra just stated that he has plans that were not shared with him – asked where his plans are) first step should be a public meeting.
Motion by Councilman Santanello to close discussion and approve the item listed below was seconded by Councilman Vogel and DENIED by roll call vote.
RESOLUTION 5: Auth for T&M to proceed with Form Based Code study ($20K) – FORMERLY 1R
VOTE: Councilmen Vogel, Santanello….YEA
Councilmen Cortes, Kanitra, Toohey, Migut….NAY
Motion by Councilman Migut to TABLE the item listed below was seconded by Councilman Kanitra and carried by roll call vote.
RESOLUTION 3: Auth to build Spohn Ranch skateboard park, pending participation in Sourcewell (NTE $190K)
VOTE: Councilmen Vogel, Cortes, Kanitra, Migut….YEA
Councilmen Toohey, Santanello….NAY
ORDINANCES:
Ordinance 2019-12 (Amend Ch. 27-1 to 27-5 /Animal House Ordinance) 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 2019-12 was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello….YEA
Ordinance 2019-13 (Amend Ch. 15 / Fire Safety Ordinance) was introduced on first reading. Motion by Councilman Vogel to approve Ordinance 2019-13 on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on September 3, 2019.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello….YEA
Ordinance 2019-14 (Amend Ch. 2-40 / LOSAP Ordinance) was introduced on first reading. Motion by Councilman Cortes to approve Ordinance 2019-14 on first reading was seconded by Councilman Kanitra and carried by roll call vote. The public hearing will be held on September 3, 2019.
VOTE: Councilmen Cortes, Kanitra, Toohey, Santanello….YEA
Councilmen Vogel, Migut….ABSTAIN
PUBLIC PARTICIPATION BEGAN AT 10:05PM.
Vince Castin, PPB: asked when Little Silver Lake will be returned to its original level.
Kristin Hennessy, PPB: Pleasure Park bathrooms are consistently locked since spring – Police and DPW were responsible for opening and closing – asked why this is not being followed and what can be done to keep them open; there is a vaping crisis among kids as young as 6th grade in Antrim School – perhaps BOE needs to address from one angle, but asked what is being done to discourage/dissuade – asked how it’s getting into kids’ hands and if businesses have been looked at.
Bob Maloney, PPB: cigarette holder at Central Ave. is overrun – butts all over the ground.
Darryl Monticello: suggested for yield to pedestrian sign on Broadway.
E.J. Geiger, PPB: asked if Councilmember can inform the State that a turn arrow is needed at on the corner of Arnold Ave. and Rte. 35S.
Councilman Kanitra: let Mr. Cavagnaro know he submitted his Inlet lighting list to JCPL.
PUBLIC PARTICIPATION ENDED AT 10:17PM.
Motion by Councilman Toohey to close public participation and adjourn was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 10:17PM.
ATTEST: _______________________________
Eileen A. Farrell, RMC
Municipal Clerk
