December 4, 2018

Council Meeting Minutes
 
            Mayor Reid called the meeting to order at 7:30PM. Present were Councilmen Vogel, Cortes, Kanitra, Migut and Santanello. Councilman Toohey arrived at 7:47PM. 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.”

            Motion by Councilman Migut to approve the November 20, 2018 Council meeting minutes was seconded by Councilman Santanello and carried by roll call vote.
VOTE:  Councilmen Vogel, Cortes, Kanitra, Migut, Santanello….YEA
                        Councilman Toohey….ABSENT
 

 
            Councilman Vogel: Shade Tree completed Community Forestry Management Plan – lot of volunteer hours and work – enables grant funding – video on Facebook of tree plantings – trees are looking good; approved purchase of flashing stop signs at last meeting – met with Police Department to discuss problem areas – will test on Chicago & Atlantic southbound and on Central & St. Louis, Forman & Bay, McLean & Woodland westbound – look forward to resident feedback – will try to leverage high  traffic areas and the work being done with Safe Routes to School; lot of frozen water pipes this time of year – charges will be passed on to property owners – encouraged all to turn off water and protect pipes.
 
            Councilman Cortes: recognized December employee anniversaries – Fred Millman 5 years, William Crate 23, Ned Martin 27, Kyle Grace 21, Brian Larrison 21, Glen Purves 5; 2nd weir box on Boston is complete – per Engineer Savacool, will be demobilizing – will replace bulkhead in the spring – contractor will pay for what is messed up – the Beautification Committee and Environmental Commission will choose the vegetation; vegetation was removed around the municipal building to address waterproofing, so the basement will no longer leak; St. Louis work is moving along; cell tower was removed by the 30th; Inlet looks great with dune grass, shrubs and trees.
 
            Councilman Kanitra: lights are back on Parkway – need to repave, etc. – Engineers are coordinating with Earle – should be done within the next 2 weeks; art gala, scheduled for March at The White Sands is moving full steam ahead – theme is Dress to Impress in a Palate of White – trying to make the entire hotel a blank canvas for the arts with interactive exhibits – famous painter will do a painting and auction it for charity – will be bands, theater performances, etc.; Environmental Commission has calendar coming out at the end of the year – will be mailed to residents and available at Borough Hall – collection of photos and art, with trash, recycling and bulk pick-up schedules, etc.
           
            Councilman Migut: Planning Board meets tomorrow on an application on for outdoor seating at an approved retail lobster store on Channel Dr. (Mayor Reid: asked about the Channel Dr. hotel project) heard that the developer died and his brother is taking over the corporation, so project is not impacted.
 
            Councilman Santanello: Recreation Committee and Chamber are having a Holiday Decorations Contest – registration at Borough Hall until the 14th with the Governing Body judging on 16th; Rec basketball is underway; Open Space has money to purchase something for Rec – need to flush out and get quotes – asked Mayor to get involved; gave Police report since last meeting – training included SWAT, Canine Patrol, Canine In-Service and Force Field Tactics and Safety Measures – 7 arrests for DWI, simple assault, criminal mischief, domestic violence and/or motor vehicle violations – will be additional foot patrols leading up to Christmas – Dr. Caesar DePaco donated another $44K for purchase of new canine vehicle – thankful for his generous donations – cracking down on drivers impaired by alcohol and drugs, as part of the State’s Drive Sober or Get Pulled Over campaign (Mayor Reid: asked Chief Michigan to have Dr. and Mrs. DePaco come in for another thank you); a few weeks ago, he, BA/CFO Riehl and a few other folks met with ITS regarding new parking meters – unhappy with Devo – service is terrible, parts come from France, revenue is lost when meters are down, cost for service and parts has skyrocketed – spent about $12K in 2015 and about $60K so far in 2018 – asked BA/CFO Riehl to discuss benefits of switching to ITS (BA/CFO Riehl: narrowed down to a certain system – contract was awarded to Devo through competitive bid – ITS gave a demonstration and will have live demo in the next 2 weeks – can convert to all pay-by-space, 23 machines could be cut to 10 – contract is through the Sourcewell co-op, which PPB joined this year, so don't have to go out to bid, saving time and money (Councilman Toohey arrived at 7:47PM; Councilman Kanitra: asked if system is similar to Asbury Park’s and if meters throughout town could be eliminated) no – talking about major parking lots only – people can already pay by credit cards at some meters (BA/CFO Riehl: have 51 kiosks – would need less than half) invited Council to the demo (Councilman Cortes: asked if new machines would be back-lit and covered; BA/CFO Riehl: top portion of the machines can be removed in off-season) winter storage will save on wear and tear – also, town businesses can pay to advertise on the screen (BA/CFO Riehl: new machines are about $7K each, about half the cost of the old ones and will be discounted through Sourcewell; Councilman Kanitra: asked if there is a secondary market for current machines; BA/CFO Riehl: weren't interested in trade-in); referred to an e-mail about flooding due to hardscaping around a new house (Mayor Reid: per Engineer Savacool, that’s not really the issue – contractor has a lot of work to do) asked for creative ideas (Councilman Kanitra: there is permeable concrete; Councilman Vogel: CO requires drainage) it's not the first time he has heard of this; having knee replacement December 18th, so gave his year-end report as Council President – thanked Clerk Farrell and BA/CFO Riehl, congratulated Chief Michigan and the Police Department on a great year, noted Council accomplishments including a ban on plastic bags, balloons, Boardwalk smoking and dispensaries, the addition of armed officers in schools, tug-of-war, town bonfire, Veteran/military parking, Inlet dredging, Best Day program, Arts Committee and new EMS radios – Loughran Point looks spectacular and taxes went up only $33/house – banner year – tribute to the Governing Body – proud of what they have done – thanked them all.
 
            Councilman Toohey: started the budget process – BA/CFO Riehl has reached out to Department heads – asked about setting up budget workshop, to be noticed – will e-mail Council (BA/CFO Riehl: suggested February or March – generally meet with department heads in January).
 
            Mayor Reid: tree lighting was amazing – thanked the Chamber (Councilman Kanitra: Arts Committee did a flash mob with about 30 different residents/kids – brought a lot of traffic to the Arts Committee web site – got about 200 additional likes) doing a great job; were supposed to receive a check from tug of war – will come on 18th – more than $12K; town is in good shape.
 
            BA/CFO Riehl: meeting on site with DOT about New Jersey Ave. light install next week; received correspondence from DOT on drainage and roadway improvements – met with them in 2016 about their responsibility for the runoff into the lakes and their project to fix the infrastructure – they are ready to talk about scope (Mayor Reid: this is about repaving Rte. 35 south and north, etc.) want a joint meeting with the Boro, they will be affected – waiting to hear back from them (Councilman Santanello: asked if Police will be able to change the light to green with a button – Middletown has this function; Mayor Reid: will look into).
 
            The Municipal Clerk announced additions to the agenda.
 

 
            Dave Cavagnaro, PPB:  asked about items1e, 1o.
 

 
            Rick Bandasian, PPB: real estate expert, lives full time in north Jersey and rents his PPB house in summer – been a war on real estate in past couple of years – can only write off up to $10K in real estate taxes – sees 3% going up – even 1% tax is too much – real estate market has not been as good as people think – unlike hotels, he only rents to families – 3% might not sound like a lot, but it is.
            Kitty Stillufsen, PPB: echoed Mr. Bandasian's comments – has 2 Airbnbs in PPB – hasn't had a problem with customers – internal checks and balances with hosts and customers rating each other – not renting to families with kids in the school – feels taken advantage of – opposed to tax – blatant Realtor lobby – been told this is one of the lowest hotel rental seasons ever.
            Bob Maloney, PPB:  has voiced his opinion on this – will hurt tourism.
            Chuck Venedham, PPB: weekly tenant families, return yearly – doesn't raise rent – tax is unfair.
            Former Mayor Vincent Barrella, PPB: this could defray taxes for residents without second homes – walking away from it would be dropping the ball – suggested lowering rents to keep good tenants.
            Dave Cavagnaro, PPB: appreciates sensitivity to taxes – have a revenue shortfall – took in $300K from hotel/motel tax – this is a tax on tourism – combination of Boardwalk, beach, amusements  and bars doesn't exist elsewhere – adding 3% to help taxpayers is not unreasonable.
            Vince Castin, PPB:  asked if 3% would affect hotel/motel patrons as well.
Councilmen Vogel, Toohey and Santanello returned at 8:24PM.
           

 
            Motion by Councilman Cortes 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     Appointment of D. Vitale to the Recreation Committee
1b     Approval of payment to Devo & Assoc. for parking meter/machine airtime ($5,729)
1c     Approval of payment to the State of NJ for employee & retiree health benefits ($136,679.97)
1d     Approval of ABC Social Affairs application for PPB Public Education Fdn fundraiser on 2/1/19
1e     Approval of S/E application for Athletic Trainer Society NJ 5K run through town on 4/28/19
1f      Authorization for C. Walsh to fill in at the Court office
1g     Memorialization of approval of 2 taxi vehicle licenses for Mantoloking Taxi
1h     Approval of payment to DEMLP from BOA escrow accounts
1i      Approval of payment of Payroll #24 ($246,102.84)
1j      Approval of payment to Precision Door Service for 4 DPW garage doors ($3,196)
1k     Approval of payment to Downs Ford for VCM kit for DPW ($3,549)
1l      Approval of payment to Riggins for DPW fuel ($6,773.19)
1m    Approval of release of dewatering bond for 52 Sanborn
1n     Approval of payment to T&M Assoc. from Pl Bd & BOA escrow accounts
1o     Approval of pymt of Pay Cert 2 to Elecro Maint for Emerg Generator Replacement ($57,370)
1p     Authorization to apply for NJUCF Stewardship-Resiliency Planning Grant & execute agreement
CONSENT RESOLUTION 2:
2a     Approval of payment of computer-generated vouchers ($83,145.26)
2b     Approval of pymt to Firefighter One for 9 various hoses for Fire Company No 1 ($3,743.77)
2c     Approval of pymt to CDW Computer Ctrs for 5 Panasonic Toughbooks for PD ($18,251.25)
2d     Approval of pymt to Firefighter One for 49 SCBA flow tests for Fire Company No 1 ($2,551.75)
2e     Authorization to auction surplus police vehicle on Municibid
2f      Approval of payment to Winner Ford for Ford Explorer for K-9 officer ($47,285)
2g     Approval of membership in Ocean Fire Co. No. 1 for R. Brodeur, PPB
VOTE: Councilmen Vogel (except 1d & 2), Cortes, Kanitra, Toohey, Migut (except 2), Santanello….YEA
                     Councilmen Vogel (1d & 2), Migut (2)….ABSTAIN
Per Borough Attorney, assume usual abstentions on items 2a with which Council has conflicts.
 
ORDINANCES:
 
            Ordinance 2018-21A (Vacant and Abandoned Property) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2018-21A on first reading was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on December 18, 2018.
VOTE:  Councilman Vogel, Cortes, Kanitra, Toohey, Migut, Santanello….YEA
        
            Ordinance 2018-21B (Unfit Buildings) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2018-21B on first reading was seconded by Councilman Kanitra and carried by roll call vote. The public hearing will be held on December 18, 2018.
VOTE:  Councilman Vogel, Cortes, Kanitra, Toohey, Migut, Santanello….YEA
 
            Ordinance 2018-22 (Committee Liaison to First Aid) was introduced on first reading. Motion by Councilman Santanello to approve Ordinance 2018-22 on first reading was seconded by Councilman Migut and carried by roll call vote. The public hearing will be held on December 18, 2018.
VOTE:  Councilman Cortes, Kanitra, Toohey, Migut, Santanello….YEA
                        Councilman Vogel….ABSTAIN
 
            Ordinance 2018-20 (Airbnb Tax) was considered on second reading. Councilmen Vogel, Toohey and Santanello left the room at 8:27PM. Mayor Reid opened the public hearing.
            Councilman Kanitra: issue is unique and not easy – wants to avoid tax – State is already imposing an 11.5% tax – State does not spend money well – PPB doesn’t see a return on money – this issue requires more time – easier to rent now than ever before – used to have to go through a Realtor and facilitate in advance – there are 126 Airbnb listings, with average cost of $530/ night, in PPB – about 12th in NJ for number of listings – hear a lot about decrease in occupancy – need to look harder at why decrease is happening – could be that there is a glut in vacation housing.
            Councilman Migut: believes this is real tax relief for residents, lifting the burden of paying for Animal House prosecutions and putting it on renters, where it belongs – hotel/motel tax has had no negative impact on tourism in 15+ years – thinks the same would hold true in this case.
            Councilman Cortes: delicate situation – an opportunity but could be a hindrance – all make valid points – need more research and discussion.                                                              
            Councilman Kanitra: asked if there is a timeline on the vote (Attorney Riordan: at any other time of year, would recommend scheduling a 2nd public hearing in the future – must give and publish notice – because both readings must be in same year, will have to start over next year – doesn’t believe there is any detriment to that – would be killed for 2018 – or could carry to December 18th meeting) asked if could go into Closed Session (Attorney Riordan: no – not a Closed Session issue) asked if tax could be tied to a commitment of quality of life issues – curbs and sidewalk, weeds, potholes, etc. (BA/CFO Riehl; BA/CFO Riehl: would become anticipated revenue in budget – could have an appropriation earmarked for particular items to match the revenue offset; Councilman Migut: asked if that would be spelled out in the ordinance or in the mechanics; BA/CFO Riehl: in the budget; Attorney Riordan: budget process statutes would override the ordinance) asked if other municipalities have passed this yet and if there is an anticipated revenue, should it be passed (Attorney Riordan: per Attorney McLean, have been some – lot of others have it on the docket; BA/CFO Riehl: is sure there will be a formula – would need State permission to add it as a new source of revenue; Attorney Riordan: budget process is strictly regulated by the State; Councilman Cortes: asked if it has to be 3% (Attorney Riordan: up to 3% – could amend tonight, then do first reading tonight and second reading on the 18th) wants to revisit this no later than a couple of months into the new year, so it will be addressed before summer – he will bring it up (Mayor Reid: appreciates Councilman Migut bringing it up – has always said it should be looked at; BA/CFO Riehl: budget will be introduced in March, so would need an adopted ordinance before then) asked Attorney Riordan to look into whether tax needs to be in effect by the beginning of the year (Attorney Riordan: if so, it would need to be advertised immediately).
            Motion by Councilman Cortes to TABLE Ordinance 2018-20 was seconded by Councilman Kanitra and carried by roll call vote.
VOTE:  Councilmen Cortes, Kanitra, Migut ….YEA
                        Councilman Vogel, Toohey & Santanello….RECUSED
 

        
PUBLIC PARTICIPATION BEGAN AT 8:42PM
 
            Dave Cavagnaro, PPB: thanked Council for lights on Parkway; asked about putting in brighter ones, asked if PPB is paying the electric bill since 15 lights are still out, about lights in Silver Lake lot, if there will be a fence at the Inlet playground and if there is a concern about rocks there; spoke about drainage options and about wooden reindeer falling down.
            Marilyn Burke, PPB: commended Councilman Cortes for stressing that most are not aware of Airbnb tax implications – need to know where tax is going and what is happening in PPB vs. other towns – doesn’t think tax will help.
            Vince Castin, PPB: asked about going through a Realtor vs. Airbnb – suggested separate hearing, aside from 2nd reading; asked about potential off-coast drilling; spoke about Coast Guard building.
                        Mayor Reid: stated that the following discussion has nothing to do with town business and invited the Governing Body to leave (they did not).
            Former Mayor Barrella, PPB: asked why Councilmen Vogel, Toohey and Santanello recused – Council walked away from 2% last year – PPB is not a quiet fishing hamlet, but a town with 21 liquor licenses and megabars – liquor industry looks at marijuana legalization as a competitive disadvantage – people should be stopped for things other than small quantities of marijuana, like drunk driving.
            Mike Vintzileos, Brick: should employ crosswalkers on Ocean Ave. to help people cross the street; held up a container of cannabis – said Mayor referred to the dispensary he goes to as a pot shop – had years of opioid addiction – asked why his medicine is being banned – said Mayor is hurtful and sold himself (as Executive Director) to RAMP (New Jersey-Responsible Approaches to Marijuana Policy).
            Jeff Oakes, Oceanport: Mayor is going against the Board of Health, trashing and stigmatizing people who need compassion, using residents as a poker chip to advance an agenda that has nothing to do with PPB – has stage 4 cancer – science is out there – Federal Government is almost ready to move on it – been all over NJ advocating – tired of being stigmatized and dragged through the mud – patients are paying $500 an ounce – hopes he offended everyone
            Lefty Grimes, East Hanover: Councilman Santanello should be ashamed of himself, joking about taking morphine after surgery – people die from morphine overdoses – was addicted to opiates – takes hash oil before and after surgery so he takes less morphine – Mayor will be known as Mayor Reefer Madness who kills children with cancer and Veterans and is not helping anyone with his ordinance.
            Jeffrey King, Eatontown: echoed friends' comments – agrees with Mr. Barrella about the hypocrisy of the embrace of alcohol in PPB – banning medical marijuana dispensaries is cruel – going down on wrong side of history.
 

            Motion to adjourn by Councilman Migut was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 9:17PM.