Borough of Point Pleasant Beach Borough of Point Pleasant Beach
Council Meeting Minutes
December 3, 2019
The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
Council President Vogel called the meeting to order at 7:01PM. Present were Councilmen Vogel, Cortes, Kanitra and Toohey. Mayor Reid, and Councilmen Migut and Santanello were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
The 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 pending litigation matter. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.”
Motion by Councilman Cortes to enter Executive Session was seconded by Councilman Kanitra and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey…YEA
Mayor Reid and Councilmen Migut & Santanello…ABSENT
CLOSED SESSION BEGAN AT 7:01PM AND ENDED AT 7:25PM
Council President Vogel called the meeting to order at 7:30PM. Present were Councilmen Vogel, Cortes, Kanitra and Toohey. Mayor Reid, and Councilmen Migut and Santanello were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
Flag Salute, Invocation
Motion by Councilman Cortes to approve the November 12, 2019 Council meeting minutes was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra…YEA
Councilman Toohey…ABSTAIN
Mayor Reid and Councilmen Migut & Santanello…ABSENT
DISCUSSION: Little League Fence
Councilman Kanitra: received an email from Little League President Moberg asking for fencing to help make a walkway between the Post Office and the outfield, for safety and to eliminate the need for an annual temporary fence – presented a diagram – asked for thoughts – wondered if it should go to the Engineer for review (Councilman Toohey: Sean Hennessy texted them about this a while ago – it makes total sense – there are a lot of reasons to do it – one is that the planned skate park location is in direct eyesight of home plate, which could impact the kids at bat – would support (Councilman Vogel: there are no prices, etc., must comply with JIF guidelines, etc.) no objection to forwarding to Engineer for review (BA/CFO Riehl: asked about size – 4' or 8'; Councilman Vogel: sounds like part would be 4’ and part would be 8’; Councilman Toohey: asked for a quote on both).
COMMITTEE REPORTS:
Councilman Vogel: was unable to attend last night’s Shade Tree meeting – they continue to work hard; was out of town, but heard the Tree Lighting was wonderful and very festive; about 2 weeks ago, had another meeting to critique the Seafood Festival and discuss what went well and what can be done better – will look at pricing and cost sharing for next meeting – positive feedback overall – focus is safety – Chief Michigan is leading the charge.
Councilman Cortes: recognized employee anniversaries for December – Ned Martin 28 years, William Crate 24, Kyle Grace 22, Brian Larrison 22, Glen Purves 6, Fred Millman 6; NJ Transit completed the New Jersey Ave. crossing – all the crossings are wonderful; NJNG is moving along with their main pipe project – hopes they will finish soon (Councilman Kanitra: asked if they have started repaving Rte. 35) they must repave what they disturb everyday – that’s all Kiely does (BA/CFO Riehl: reached out to them prior to the holiday about their timeframe, as there were some business complaints – they are about 50% done); cell tower is down; DPW installed all the snowflakes – he put the swag up over Bay Ave. – town looks nice was discussion about purchasing more snowflakes for Rte. 35S – currently just on Arnold and Bay Aves. (BA/CFO Riehl: half price if bought in January or February); Broadway Bridge still in progress; Earle is moving along on St. Louis – they will keep moving as long as the weather holds up; on Tuesday before Thanksgiving, notice the stumps were ground down by the hardware store and Joe Leone's by Burke Environmental – was approved for the Shade Tree Commission by Council in September – they wrapped upon Wednesday afternoon; Beautification Committee wrapped light poles with garland and placed ribbons and Christmas greenery in the barrels around town – he dropped off the reindeer parts he made to Beautification Chair Mecca for painting – will take an inventory and he will cut out more parts, if needed, next year; addressed item 1i/Bulk Pick-up/Drop-off dates and rates – he met with BA/CFO Riehl and DPW Super. Trout – after working on the garbage truck, it seemed better to adapt to past practice – will have the 4 bulk pick-up days on Fridays, instead of Wednesdays – all drop-offs at DPW will be free – no need to complete a form at Borough Hall and be sent back if they had more items to drop-off than was listed – can also now drop-off on Saturday, when Borough Hall is closed, without a ticket – win/win – only make about $7K/year on drop-offs (Councilman Kanitra: worried about non-residents taking advantage) will have to prove residency or homeownership (BA/CFO Riehl: maybe some kind of sticker (Councilman Kanitra: concerned that contractors will drop-off and town will have to pay to dispose) costs less money than if picked-up curbside – when he rode on the truck, he saw how many things that were put out that should not be picked up – will now be no drop-off on Mondays, as well as Wednesdays – good for homeowners and Administration (BA/CFO Riehl: residents will still pay the structured fee for scheduled pick-ups – residents don't have to come to Borough Hall for a ticket – can drop-off on Saturday when Borough Hall is closed – Monday is currently the heaviest pick-up day, so this frees up that day for them; Councilman Kanitra: asked what the attendant would do on that day) she is a laborer and will be utilized in a different capacity – if there are problems with contractors dropping-off, etc., resolution can be amended) Saturday is the change-over for renters on Ocean Ave. – don’t want stuff sitting out all week.
Councilman Kanitra: had a press conference today to announce the saving of the historic Gottlieb Building on Arnold and Bay Aves. – Joe & Antonella Carannante chose to do the right thing for residents and put the town over their own interests – Steve and Sue Fisher, his friends and PPB residents, are purchasing the building as-is – was going to be demolished this week – demolition permit had been issued a week ago – there had been asbestos abatement work – the roof had been torn-off – not an easy project – the Fishers have pledged $1M to bring the building back to its former glory – hoping for an entertainment venue/option for kids, families and residents to congregate after 5PM – will take at least a year or more – signifies everything we want to be doing downtown, in terms of preserving historic buildings and having a plan – hopes it motivates other investors and building owners to make the right decisions and turns things in a good direction – congratulated the Carannantes and Fishers and all who helped get this done – he is ecstatic (Councilman Toohey: clarified that there is no anticipation of municipal funds being spent on this); March 21st is the Arts Gala at The White Sands – flash mob at the Tree Lighting was a huge success – congratulated Councilperson-Elect Testa and all who participated – in the midst of the Snowman Decorating Competition – Barefoot Realty has snowman blanks for painting and display on lawns – will be 1st, 2nd and 3rd prize trophies – asked the Arts Committee for a metal sculpture recommendation and a sketch for a Love Locks installation – left the proposal in his house – it is a 5’x5’ metal seagull supported by a steel system, rooted in concrete, for the east end of the Inlet parking lot – about $3K, if not powder coated/$4K if it is – suggested uncoated, as it and the locks will eventually rust – wants all to have a realistic idea of cost expectations for a heavy duty welded art installation (Councilman Vogel: asked how long it would take to create) couple months – Council can authorize anything they want (BA/CFO Riehl: received a drawing for a mesh-type lock fence from Paul Bonsper, for $2,500) will bring proposals next meeting.
Councilman Toohey: no report.
BA/CFO Riehl: no report.
Councilman Kanitra: asked about the basement (BA/CFO Riehl: determined, through Engineering, that no abatement is needed – bone dry – DPW is cleaning and will put basement-approved paint on the walls and floor for material cost – soliciting contractor quotes for shelving every 4’ – minute water intrusion can be corrected – estimated $18K for pavers – received quotes for $29-$32K – Engineer Savacool is looking to buy pavers and hire installers to stay under prevailing wage.
PULIC PARTICIPATION BEGAN AT 8:00PM
Dave Cavagnaro, PPB: item 1i is great; asked about 1u; questioned Ordinance 2019-18 fees.
Vince Castin, PPB: asked about 1q; likes the idea for the locks.
PULIC PARTICIPATION ENDED AT 8:06PM
Motion by Councilman Toohey to close Public Participation and approve the items listed below was seconded by Councilman Cortes and carried by roll call vote.
CONSENT RESOLUTION 1:
1a Approval of payment of Payroll #24 ($270,448.09)
1b Approval of PO to Integrated Technical Systems for 30 dual battery chargers ($7,688)
1c Authorization to execute the OC Recycling Center Use & Revenue Sharing Agreement
1d Auth. to execute $30K grant agreement with State of NJ to fund PPB Storm Water Mapping
1e Approval of PO to ADP, LLC for payroll processing and Workforce Now ($4,400)
1f Memorialization of approval of W/S relief request
1g Approval of payment to Qual-Lynx for refund of portion of OJI check ($3,431)
1h Approval of pymt to Game Time c/o Marturano Recreation for Pleasure Park Fibar ($2,906)
1i Approval of bulk pick-up & drop-off dates and rates for 2020
1j Approval of salary adj for C. Glass & L. Hapstak for passage of courses leading to certification
1k Approval of payment to Turbo Electric for repair of all downtown lights ($5,045)
1l Approval of PO to Emerg Reporting for fire package setup/mobile eye for Fire Official ($2,688)
1m Approval of payment to All Covered for Nov. IT maintenance & extended warranty, Cisco Smartnet Service Agreement & HPE Foundation Care ($6,387)
1n Authorization to extend the due date for the 4th quarter water/sewer bills to 12/20/19
1o Approval of PO to Game Time c/o Marturano Recreation for playground equipment ($8,305.53)
1p Approval of title and salary changes for certain DPW & W/S employees
1q Approval of payment to Premier Electronic Solutions for DPW security cameras ($11,065)
1r Approval of payment to Riggins for DPW diesel fuel ($4,990.83)
1s Approval of payment of Planning Bd & Developer escrow hand checks
1t Approval of payment to Hutchinson Plumbing for A/C replacement for dispatch room ($6,875)
1u Support for study commission to review OPRA
1v Approval of pymt of Pay Cert 2 to Landtek Const for Arnold Ave. Sidewalk Imp ($3,737.82)
1w Approval of pymt of Pay Cert 3 to Lenegen Plumbing & Heating for Meter Rplcmnt ($19,829.32)
1x Approval of settlement with Employee # 000723307, as recommended by MEL Insurance Counsel, for $60K – CLOSED SESSION ITEM
CONSENT RESOLUTION 2:
2a Approval of payment of computer-generated vouchers ($165,576.17)
2b Approval of payment to Solutions II, Inc. for Spillman maintenance agreement ($4,620)
2c Approval of PO to Clean Air Company for Fire Co 2 vent systems repair ($4,804.64)
2d Approval of PO to Continental Fire & Safety for protection gear for Fire Dept ($39,977.98)
2e Approval of PO to Fireflow Services for annual hose & fire pump testing for Fire Co 1 ($4,630)
2f Approval of pymt to Absolute Fire Protection for Fire Co 1 firetruck service ($3,922.99)
2g Approval of PO to Firefighter One for premium flow test on SCAS for Fire Co 2 ($2,592)
2h Approval of pymt to 1st Choice Safety Equip for thermal camera kits/charger for Fire Co 2 ($16K)
2i Approval of pymt to Brick Cardiovascular Specialists for 35 Police applicant stress tests ($8,750)
VOTE: Councilmen Vogel (except 2), Cortes, Kanitra, Toohey…YEA
Councilman Vogel (2) …ABSTAIN
Mayor Reid and Councilmen Migut & Santanello…ABSENT
ORDINANCES:
Councilman Kanitra: seems like Ordinance 2019-18 it has been controversial for a while, enacted in the last days of the Barrella administration, immediately appealed by this administration and now, in the last days of this administration, is being brought up again – trying to understand the impetus – seems like it’s to give the Fire Marshall a lot more say/clout (Councilman Vogel: nothing nefarious about it – was discovered, through the process, that what was done was never codified – if nothing is enacted, there is no process in place to approve special events on public property – per the JIF, there should be – in 2013, the 2003 ordinance was repealed – he was involved in creating the 2003 ordinance to keep everyone in the loop, ensure fees were paid and the process was regulated – inadvertently, in 2014 when the 2013 ordinance was repealed, there was technically no ordinance on the books – the 2013 ordinance went against the original intent – a lot of language about expanding special events and more so on private property – not what a municipality wants to oversee) there are probably people on this Governing Body who voted to repeal it – seems very nuanced and the next administration is getting stuck with it, as a final act out-the-door (Councilman Vogel: takes offense to that – been talking about this for months – what was repealed was an ordinance that went too deep – when everyone voted on it in 2014, they thought they were reverting back to the prior ordinance – this changes the title of Fire Inspector to Fire Official and includes the First Aid and Fire Department in the process) also looks like it has a major change between private and public events – took the Borough Attorney a month to get this together (Councilman Vogel: part of the problem is that everything was repealed – making a minor change, then had to recreate the wheel; Attorney Zabarsky: Barry Steiber, from his office, said he had to pour through the ordinances to figure out what is in effect and what is not – was a lot of work) seems like a lot to vote on (Councilman Toohey: if this ordinance codifies current special events practices since 2014, he is good with it – not sure what this issue is) asked when Ordinance 2013-47 was sent to the company for codification; Clerk Farrell: it was not – codifier was told not to codify it, as it was going to be repealed – the ordinance that repealed it was then codified) asked if this allows people more input into the process, makint things more convoluted (Councilman Vogel: added First Aid and Fire Companies, as they did not have a voice ) asked how this would affect the bonfire (Councilman Vogel: doesn’t think it would – would loop in the resources – Fire Department would be notified in advance for staffing, etc.– Governing Body would have the final say, but groups can report about their concerns) asked if the intent is to give the Governing Body the ability to deny more events or make assessment easier (Councilman Vogel: the intent is to identify the event and go through the approval process – this ordinance corrects the insurance requirement, includes First Aid and Fire in the process, reflects current canine rates, requires the Chamber to notify the Chief which members will be at their Boardwalk table, etc.; Chief Michigan: includes his recommendation for one table/no tent, which is currently verbal only – specifies that he determines the size and location of the table; Councilman Vogel: and it is specific to events taking place on public property – includes requirements for the County – it’s what the practice has been for 16+ years –the 2013 ordinance started to delve into events on private property – this one references new codes – doesn’t give anyone more or less authority – Governing Body has final determination – about communicating – pertains to events on public property – believes the prior administration desired to go after private industries).
Ordinance 2019-18 (Amend Ch. 5-Special Events) was introduced on first reading. Motion by Councilman Cortes to approve Ordinance 2019-18 on first reading, was seconded by Councilman Vogel and carried by roll call vote. The public hearing will be held on December 17, 2019.
VOTE: Councilmen Vogel, Cortes, Toohey…YEA
Councilman Kanitra…ABSTAIN
Mayor Reid and Councilmen Migut & Santanello…ABSENT
Ordinance 2019-17 (Amend Ch. 3–Create Skateboard Park) was considered on second reading. Council President Vogel opened the public hearing.
Vince Castin, PPB: thought park was already in progress – doesn't understand the ordinance (Councilman Toohey: this creates the regulations that allow the JIF to insure the place; Councilman Vogel: there are two parts – agreed to spend the money and award the contract – this is adoption of the required JIF rules; Councilman Toohey: construction vs. operation).
Dave Cavagnaro, PPB: confirmed that there wouldn’t be passes, as in the Boro (Councilman Kanitra: he brought it up, but there was no Council appetite; Councilman Vogel: had passes for tennis courts once – no way to get them on Saturdays and Sundays, there are issues with Green Acres/Public Space, etc., – don’t have passes for basketball – predisposing an adverse consequence; Councilman Cortes: Boro has a paid Recreation Director) asked if there would be cameras in the area (yes), start date for pouring concrete (spring) and completion time (BA/CFO Riehl: before summer).
Motion by Councilman Toohey to close the public hearing and adopt Ordinance 2019-17, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Toohey…YEA
Councilman Kanitra…ABSTAIN
Mayor Reid and Councilmen Migut & Santanello…ABSENT
Ordinance 2019-15 (Amend Ch. 5-Prohibit Sale of Kratom) was considered on second reading. Council President Vogel opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Kanitra to adopt Ordinance 2019-15, was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra…YEA
Councilman Toohey…NAY
Mayor Reid and Councilmen Migut & Santanello…ABSENT
PUBLIC PARTICIPATION BEGAN AT 8:30PM
Dave Cavagnaro, PPB: asked why PPB has only Comcast and about Jenkinson’s wall height.
Vivian Drozd, PPB: asked how quickly St. Louis project will fix flood water and potholes.
Vince Castin, PPB: asked about the effective date and penalties in the Kratom ordinance. (Attorney Zabarsky: penalties that are already in the ordinance – clarified that they are found at 5-8.6).
PUBLIC PARTICIPATION ENDED AT 8:43PM.
Motion by Councilman Vogel to close public participation and adjourn was seconded by Councilman Kanitra and carried by consent of Council. Meeting was adjourned at 8:43PM.
Eileen A. Farrell, RMC
Municipal Clerk
