Borough of Point Pleasant Beach Mayor Reid called the meeting to order at 7:04PM. Present were Councilmen Cortes, Kanitra, Toohey, Migut and Santanello. Councilman Vogel 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 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: two contract negotiation matters (PBA Union and Cable System Franchise Renewal). 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 Cortes and carried by roll call vote. The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut, Santanello ….YEA
Councilman Vogel….ABSENT
CLOSED SESSION BEGAN AT 7:02PM AND ENDED AT @7:35PM
Mayor Reid called the meeting to order at 7:39PM. Present were Councilmen Vogel, Cortes, Kanitra, Toohey (arrived after roll call), Migut and Santanello. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
Flag Salute & Invocation
Motion by Councilman Migut to approve the July 17, 2018 Council meeting minutes was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello ….YEA
Officer O’Neill: presented a video, composed by his daughter, with Police Camp highlights – cadets met the SWAT and dive teams, Fire Dept., bike and canine units and lifeguards – great feedback (Mayor Reid: he and Councilman Santanello were there and could not be prouder – thanked Councilman Vogel for participation; Councilman Vogel: kudos to Officer O’Neill on positive energy and enthusiasm – community stepped up and donated – left a lasting impression on the kids; Councilman Santanello: parents were thrilled – kids came back tired but smiling; Councilman Vogel: spoke with Chief Michigan and may run a similar weekend for adults).
DEPARTMENT HEAD MEMOS/DISCUSSION:
Councilman Cortes: addressed ZO Petrillo’s memo regarding the following curb cut requests: 500, 502 & 504 Trenton Ave.– agrees that all requirements are met (ADDED AS ITEMS 2H, 2I, 2J); 403 Central Ave. – existing cut to be relocated – maximum allowed is 13' – variance and further Council approval needed for requested 16’ (ADDED AS ITEM 2K); 105 Niblick St. – asking for 20’ – can approve at 16' but they must replant a tree, as one needs to be removed (ADDED AS ITEM 4).
Councilman Kanitra: addressed the need for downtown weed and trash cleanup – shop owners’ responsibility to take care of the spaces in front of their businesses – receiving resident complaints– need to tackle this as downtown continues to grow and become more vibrant – talked to BA/CFO Riehl about bringing in a landscaping/weed control company – can assess an annual fee to all businesses or clean up and issue fines to owners who neglect their property (Councilman Migut: asked if one of those options is called a special assessment; Attorney Riordan: yes; Mayor Reid: some businesses don't care – it’s disgusting – Chamber has sent letters – County comes 4 times/year to pick weeds – maybe need to extend this down to Rte. 35 & Arnold Ave.; BA/CFO Riehl: they do what they can – free labor but must feed them) weeds get overgrown in 2 weeks (Mayor Reid: maybe schedule an extra time in summer; BA/CFO Riehl: it’s done before the boat parade, Memorial Day, July 4th and Labor Day – County is pre-scheduled – work around their availability; Councilman Toohey: would oppose a blanket assessment) suggested spraying and charging offending property owners only (Councilman Toohey: asked if this would be ongoing or per identified issue; BA/CFO Riehl: need a plan – town can't spray – would have to hire a company – she spoke to two landscapers about spraying pre-season and they are not interested or afraid of liability; Councilman Santanello: ZO Petrillo would have to send violation letters; Attorney Riordan: has to review the ordinance; Mayor Reid: Councilman Kanitra should sit with the Chamber’s Executive Board) will do.
Mayor Reid invited Sonya Fisher, owner of a Bay Ave. art studio opening this month, to speak about her request for BYOB (John Jackson, Ms. Fisher’s attorney, introduced her, an Antrim Elementary and 2006 PPB High School graduate).
Sonya Fisher: for 2½ years, worked at a paint & sip art studio which created a great night life in its town – people go to dinner and spend time in shops – hers will be a mom & pop shop with fun, stress-free workshops for high school students, seniors, parent/child, etc. (Mayor Reid: wished her luck – great thing; Councilman Kanitra: kudos to her – anything to make downtown more vibrant and give the community something to do is incredibly important – just formed an Arts Committee and coming up with programming – Bay Ave. is becoming hip – fits in well with Committee’s vision – adults need recreational activities – downtowns are moving away from retail toward experience-driven, interactive activities – shouldn't try to demonize BYOB in a town with many places drink; Attorney Riordan: there are ways to do it correctly and incorrectly – been struck down in some towns – legality is questionable, but there is an ordinance to be crafted to give the best chance to stand scrutiny – Attorney McLean, from his office, can work with someone in Attorney Jackson’s office; Councilman Migut: asked who would be responsible for cutting a person off from alcohol if drunk) never had a problem at the studio she worked at – people come to create art and not all drink (Councilman Cortes: asked the average age) 35-50 (Councilman Vogel: wished her the best – PPB has regulations regarding locations near schools and churches and prohibitions on licensed establishments within 500’ of each other – have denied a license based on this – most art places advertise – ABC regulations disallow advertising in restaurants – gray area – need direction from higher authority; Attorney Riordan: could require that they adhere to all regulations – asked if Attorney Jackson encouraged her to obtain insurance) has liquor liability insurance (Councilman Cortes: asked how often there would be alcohol – concerned about parents drinking during parent/child classes) open 7 days/week in summer – also available for private events – can’t see people bringing alcohol to some events (Attorney Riordan: can't regulate BYOBs differently than licensed premises; Attorney Jackson: ABC doesn't regulate BYOB – PPB prohibits public consumption only on the beach and Boardwalk – could be regulated through other Police regulations – can keep it low key if advertising is a concern; Attorney Riordan: statute is clear – in absence of an ordinance providing for BYOB in other than a restaurant, it's prohibited and is a violation; Councilman Santanello: concerned about legislating this – have resisted expanded use or availability of alcohol – worried about spot zoning, litigation and opening flood gates; Mayor Reid: asked Attorneys Riordan and Jackson to look into how other towns have done it and then Council can vote).
COMMITTEE REPORTS:
Councilman Vogel: spoke to County regarding flooding on Chicago and Broadway – heavy pooling there on Saturday – asked BA/CFO Riehl to follow up; NFIP has been extended 4 months – must continue to monitor; asked Capt. Duffy if there were DOT or NJ Transit resources on Friday night when train was stuck for hours, causing traffic to be diverted (Capt. Duffy: unaware of any) PPB officers did a great job – classic example of problems at Forman Ave. and use of PPB’s resources (BA/CFO Riehl: October is their first availability for meeting); at Water St./Boardwalk, there is no walkway and there is a planter in the sand – should have a decorative fence to discourage pedestrians there – there are weeds there – No Outlet and No Parking signage is needed; Water Dept. is continuing work on new meter project – Engineer Savacool revised the specs and submitted to EIT – was another water main break recently – Engineer Savacool mapped out where the breaks were – PPB needs to take care of pipes – been discussion about State taxing water – ridiculous – must keep on top of that; reminded all that property owners are responsible for pruning street trees.
Councilman Cortes: recognized August employee anniversaries – Patty Kile 6 years, Gerry Quaglia 22; County is working on Broadway – there is 3-ton limit on the bridge due to degraded piling – Police, Fire and First Aid were notified (BA/CFO Riehl: unknown if it is being closed for repairs –informed the Boardwalk businesses with school buses coming in, the Chamber, Trolley and Sanitation Dept.) will cause a traffic headache (BA/CFO Riehl: County made this a Priority 1 repair, did an emergency appropriation and said it should be finished in 30 days – hoping to begin construction next week – they will let her know then if they need to close it); outfall pipe project is still in progress (BA/CFO Riehl: there was a partnering meeting this morning – just starting to drive piles – was supposed to be complete by July 4th – will take 7-10 days and be noisy and disruptive – very behind schedule – looking at dune replenishment in late April; Mayor Reid: need to write Congressman Smith’s office right away; BA/CFO Riehl: Seaside was told this morning that work was starting there today); he, BA/CFO Riehl, Councilman Santanello, DPW Super. Trout, Engineer Savacool and Chief Michigan met regarding water tank removal, 2 empty tanks and the Seacoast Oil Building – will get bids (BA/CFO Riehl: $24K quote a couple years ago – is now apparent that infrastructure and concrete must be checked – got a $20,500 quote to demo the Seacoast building – County quote was $35K for late October – also received a private quote at $33K, starting within the week – there is stuff in the building – funds are in place from a prior bond ordinance – up to Council how soon to start; Councilman Kanitra: Cooks Ln. residents are up in arms about the Seacoast property – fence looks hideous and building is falling down – can make them a lot happier by at least fixing the aesthetic problem and knocking down the building and fence; BA/CFO Riehl: it's under the bid threshold; Councilman Santanello: there is a shortage of storage for Police and Emergency Services – everything is sitting outside in the salt air – will have a place to put them once the buildings go up – first step is demolition; Councilman Toohey: suggested Councilman Kanitra let the residents know that increased traffic will result if it becomes a storage area for municipal vehicles: Councilman Kanitra: will get funding for the second phase in the amount of $1 or $2/sq. ft. to make the new building energy efficient); met with Earle, T&M and JCP&L about Parkway light outages – JCP&L didn’t know Earle put in pipe under Boston Ave. for them – they want Earle to do the trenching, then they’ll put in pipe because it probably got cut during curbing, then they’ll pull the wire through (Councilman Kanitra: meeting on the 13th with Earle, JCP&L, BA/CFO Riehl – also invited the committee – solution is to dig up part of Parkway – contractor must pay to completely repave between Boston and Baltimore – can get it implemented quickly) told John Meehan from JCP&L he wants lights on before the end of summer; he, Councilman Santanello and BA/CFO Riehl were copied on an e-mail about a doggie bag station at Baltimore/Niblick/Lake triangle park; Councilman Santanello: DPW Super Trout said he'd get it done – already in process); the Next Door app is a great place to find out concerns.
Motion by Councilman Santanello to add approval of the Seacoast Building demolition on the agenda, not to exceed $21K, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello
Councilman Kanitra: welcomed Helen Henderson, Ocean Program Mgr., American Littoral Society (Councilman Toohey: stepped out 8:37PM-8:40PM) – been a huge help with anti-offshore drilling resolution and recently-submitted Resiliency NJ Grant – wonderful service to community – when items 1k and 2e are complete, PPB will be in rare company and receive a special designation.
Helen Henderson: American Littoral Society is a non-profit coastal conservation organization, headquartered in Sandy Hook – located all along the East Coast – work to protect the coast through advocacy, education and restoration – Councilman Kanitra reached out to her after the NJLM Conference – opposing offshore oil and gas drilling and working on resolutions in support of regional ocean planning/marine spatial planning along the mid-Atlantic coast – want to formally recognize community action like the balloon release ordinance (Mayor Reid: sailed from Bermuda to Long Island – saw what plastic and balloons did to species) concerned with balloons filled with a gas lighter than air (Mayor Reid: been talked about in this town for years) would like to come back for the second reading – there are alternatives to balloon release (Councilman Vogel asked for an explanation of the Mid Atlantic Regional Ocean Action Plan and if it impacts the fishing industry; Councilman Kanitra: it’s about aggregation of data, resources and maps – data sources and groups aren’t talking – advocating for collaboration to make informed decisions (Mayor Reid: not happy the fishing industry is not around the table – they know maps more than anyone; Councilman Toohey: asked for a copy of the Mid-Atlantic Regional Ocean Action Plan) it’s been abolished (Councilman Kanitra: not advocating a specific position – much of what they do is to help the fishing industry) Council would be supporting the continued collaboration of the States, inviting Federal agencies to sit at the table and share data (Attorney Riordan: ordinarily, this would be discussed beforehand and different points of view would be brought in; Councilman Toohey: resolution doesn’t match what is being said – asked that 2e be held; Councilman Vogel: asked Councilman Kanitra to speak with Ray Bogan to get the fishermen’s point of view and come back in 2 weeks) will send modified resolution.
Councilman Kanitra: Erin Lannon, environmental fellow, leaves this week – a tremendous help to Green Team and Environmental Commission – close to getting Sustainable Jersey Bronze status – she helped bring in grant dollars, looked into electric trolley, found funding for new building at Seacoast property, discussed Direct Install program with DPW Super Trout, did a cost analysis and identified energy efficiency savings; thanked Capt. Duffy for cones in Silver Lake lot, so JCP&L can replace lights with LEDs; participating in Real Men Wear Pink cancer research campaign.
Councilman Toohey: will have a recommendation for an even nicer space at Chicago and Trenton after meeting with the Open Space Committee.
Councilman Migut: August Planning Board application was pulled due to notice problem; he and Engineer Savacool are working on a September Floodplain Management Committee meeting.
Councilman Santanello: thanked BA/CFO Riehl for new outlets on Water St. and handicap spot at 405 Washington Ave. – very responsive of DPW; summer camp is finished – will go over how things went at Monday’s Recreation meeting; gave Police report since last meeting – 229 motor vehicle, 2,489 parking and 49 Borough ordinance tickets – 61 arrests – 28 ward services – officers working extra patrols funded by the State Pedestrian Safety Grant and undercover at liquor stores through the Cops in Shops program – participated in bike, SWAT and canine training.
Mayor Reid: asked all to keep up the good work (Councilman Migut stepped out 9:11PM-9:13PM); Thursday night concerts are going well – nice bunch of events starting at 6PM with fireworks after; was invited to speak in front of the NJ State Bar Association, along with Asbury Park, Spring Lake and Bradley Beach – towns are following PPB's lead on plastic bags, marijuana, school resource officers, etc.; would like 2 signs at Pleasure Park against feeding tree nuts to squirrels and other animals, due to concerns of a mother whose son has a peanut allergy.
BA/CFO Riehl: Loughran Point groundbreaking next week – picked color scheme, benches, gazebo, etc. – eliminated a $27K line item to screen sand – asked for consensus to spend the quoted $33K for sand at other end, which is replaced every 4-5 years (Mayor Reid: needed – high tide comes over the wall – people fishing can’t stand in that water) can start within a week (ADDED AS ITEM 2M); in design phase for St. Louis Ave. – asked if Council still wants to manipulate the Forman Ave. cement triangle (Councilman Vogel: suggested Engineer Savacool design something for approval); on Friday, Pleasure Park basketball court and tennis nets were vandalized (Councilman Santanello: it’s the first place a camera is needed, when approved), NJNG is starting a 2-phase project – first is a pipe extending from Brielle into PPB – anticipate construction this spring – will have little impact, ending before the Exxon station – will use Rickover Park as staging area – second is infrastructure replacement on Rte. 35N&S, with northbound lane closure – anticipate construction Oct-May – NJNG will not repave (Councilman Kanitra: asked if they would remediate Rickover Park when finished) no.
The Clerk announced additions and revision to the agenda.
PUBLIC PARTICIPATION BEGAN AT 9:14PM.
Dave Cavagnaro, PPB: spoke about items 1j and 2g and asked about BYOB.
Vince Castin, PPB: spoke about Inlet sand purchase, Silver Lake lot payment, potential Broadway bridge closure, the broken rail on Trenton Ave., and BYOB.
Vincent Barrella, PPB: asked if Broadway bridge issue is why trolley passes his house; doesn’t understand why Borough wouldn’t go after businesses for property neglect; spoke against item 1t.
Jeff Davies, PPB: weekend cyclists are riding on the wrong side of the road – lot of close calls – people obey the arrows on the road in Bay Head – asked if bicycle laws are enforced.
PUBLIC PARTICIPATION ENDED AT 9:29PM.
Motion by Councilman Vogel to close public participation and approve the items listed below was seconded by Councilman Santanello and approved by roll call vote.
CONSENT RESOLUTION 1:
1a Approval of payment to T&M Associates from Pl Bd & BOA & Developer escrow accounts
1b Approval of payment of Payroll #15 ($357,608.97) & Payroll #16 ($306,912.04)
1c Approval of release of street opening bond for Dolphin Homes for 203 Seymour ($1K)
1d Approval of payment to Devo & Assoc. for parking meter heads and service ($2,777.50)
1e Approval of payment to BTMUA for June bulk water usage ($130,441.50)
1f Approval of payment to the OC Treasurer for 3rd quarter tax levy ($2,231,666.17)
1g Approval of release of inspection fees & Performance Guarantee to McDonald’s ($25,813.18)
1h Approval of payment to DEML&P from Pl Bd and BOA escrow accounts
1i Approval of payment to All Covered for 64 MS Exchange licenses ($5,555.20)
1j Approval of pymt to Selective Flood Insurance for flood ins at 1000-1002 Ocean Ave ($11,761)
1k Authorization for Borough Attorney to draft a balloon release prohibition ordinance
1l Acceptance of Annual Audit for 2017
1m Authorization to solicit quotes to demo 56 Sanborn & 53 Broadway, per Borough Code 3-6
1n Approval of Disabled Vet tax cancellation & refund to J. Santelli for 626 NJ Ave. ($1,270.26)
1o Approval of Veteran tax cancellation & refund to A. Lynch for B105/L5 ($1,721.64)
1p Approval of payment to State of NJ for August employee & retiree health benefits ($141,887.71)
1q Designation of BAN dated 8/3/18 as a Qualified Tax-Exempt Obligation, pursuant to IRS code
1r Auth for Mayor to sign CDBG Subrecipient Agreement for $34K Carter Ave Sidewalk imp grant
1s Authorization to send letter to NJ DOT in support of Safe Routes to School Program
1t Approval of PO/pymt to Jersey Shore Publications for full pg ad in Chamber Guidebook ($1,200)
1u Authorization to advertise for a P/T Fire Official
1v Authorization to advertise for a DPW Laborer
1w Authorization for Bond Counsel to draft a bond ordinance for radios
1x Denial of S/E application for The Ashley Lauren Fdn raffle table on Boardwalk, from 8/9 at 5PM
1y Approval of S/E application for PPB Env Commission table on Boardwalk, 8/13 & 8/27
1z Approval of S/E application for PP First Aid & Emerg Squad Monster Dash on Bdwlk, 10/27
CONSENT RESOLUTION 2:
2a Approval of ABC Social Affair Permit application for Elks 6th Annual Tailgate Party, 10/21
2b Approval of 2 W/S relief requests
2c Approval of payment of Pay Cert #3 to Earle Asphalt for Harvard Ave Imp. ($24,216.42)
2d Approval of Change Order #2/Final to Earle Asphalt for Harvard Ave Imp. ($779.80)
2e HELD PER CMTE RPTS
2f Approval of S/E app for PPB Arts Cmte Come Paint w/Us at Gazebo, Th 8/9-9/13, 10AM-12PM
2g Approval of Pay Cert 6 to Albert Marine for Lake Dredging/Shoreline Restoration ($241,312.94)
2h Approval of curb cut at 500 Trenton Ave – ADDED PER DH MEMOS
2i Approval of curb cut at 502 Trenton Ave – ADDED PER DH MEMOS
2j Approval of curb cut at 504 Trenton Ave – ADDED PER DH MEMOS
2k Approval of 13’ curb cut at 403 Central Ave – ADDED PER DH MEMOS
2l Approval of demo of Seacoast Oil Building (NTE $21K) – ADDED PER CMTE RPTS
2m Authorization to purchase sand for Inlet (NTE $33K) – ADDED PER CMTE RPTS
CONSENT RESOLUTION 3:
3a Approval of payment of computer-generated vouchers ($422,534.01)
3b Approval of PO to Fireflow Svcs for annual hose/fire pump testing for Fire Cos ($4,196.80)
3c Approval of PO to Nat Alexander Co. for fit test machines for Ocean Fire Co No 1 ($24,880)
3d Approval of PO to Firefighter One for 10 turnout jackets for Ocean Fire Co No. 1 ($4,767)
3e Approval of PO to Firefighter One for PPV fan for Ocean Fire Company No. 1 ($3,406.55)
RESOLUTION 4: Approval of 16’ curb cut at 105 Niblick, upon going through Shade Tree process
– ADDED PER DH MEMOS
VOTE: Councilmen Vogel (except 1w, 1z, 3, 4), Cortes, Kanitra, Toohey (except 4), Migut (except 3), Santanello….YEA
Councilmen Vogel (1w, 1z, 3 & 4), Toohey (4), Migut (3)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 3a with which Council has conflicts.
ORDINANCES:
Ordinance 2018-10 (Amend Chapter XV – Uniform Fire Safety Act) was considered on second reading. Mayor Reid opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Vogel to close public participation and adopt Ordinance 2018-10 was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello
Ordinance 2018-11 (Amend Chapter IX – Traffic) was considered on second reading. Mayor Reid opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Santanello to close public participation and adopt Ordinance 2018-11 was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello
Ordinance 2018-12 (Amend Chapter X – Parking Meters & Pay Machines) was considered on second reading. Mayor Reid opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Santanello to close public participation and adopt Ordinance 2018-12 was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello
Ordinance 2018-13 (Amend Chapter XXII – Cats) 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 public participation and adopt Ordinance 2018-13 was seconded by Councilman Kanitra and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello
Ordinance 2018-14 (Amend Salary Ordinance) was considered on first reading. Motion by Councilman Migut to approve Ordinance 2018-14 on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on August 21, 2018.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello
PUBLIC PARTICIPATION BEGAN AT 9:33PM
Vivian Drozd, PPB: spoke about water at Washington/St. Louis intersection, asked why her sewer line does not go straight out to St. Louis and if that is causing her shower to back up.
Lee Kelly, PPB: 2 days ago, County had to shovel water on St. Louis in order to put down macadam – must do something about flooding; JCP&L looks like a 10-cent increase next month.
Vincent Barrella, PPB: concerned about gun safety and 3D-printed plastic guns; asked when Governing Body will demand Congress and Senate do something – will draft resolution; asked about police assistance at unsanctioned beach party; said the 6/19 Council meeting minutes are incomplete.
Dave Cavagnaro, PPB: asked about light replacement on Parkway and by the pump station.
PUBLIC PARTICIPATION ENDED AT 9:56PM
Motion to adjourn by Councilman Toohey was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 9:56PM.
ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk
