July 16, 2019

Borough of Point Pleasant Beach
Council Meeting Minutes
July 16, 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 7:33PM. Present were Councilmen Vogel, Cortes, Kanitra and Santanello. Councilmen Toohey and Migut were absent. The Deputy 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 Santanello to approve the July 2, 2019 Council meeting minutes was seconded by Councilman Cortes.
VOTE: Councilmen Cortes, Santanello….YEA
                        Councilmen Vogel, Kanitra…ABSTAIN
                                    Councilmen Toohey, Migut….ABSENT
Due to the insufficient number of votes needed for approval, the item was HELD.
 
DEPARTMENT HEAD MEMOS: 
 
            Councilman Cortes: agreed with ZO Petrillo’s memos and recommendations regarding curb cut requests at 302 Trenton Ave., a vacant lot with an existing cut – a matter of shifting a spot that does not back up to Liberty Ln. or Freedom Ln. (approval added as ITEM 2C) and 121 Randall Ave., a corner lot – might lose one or two spaces on the street (approval added as ITEM 2D).
 
COMMITTEE REPORTS:
 
Councilman Vogel: Chamber’s Ladies Night event last Thursday had a great turnout of residents and visitors, in spite of the weather; commended Chief Michigan and Officers on the busy 4th of July weekend – all did an outstanding job; asked Chief Michigan about signage to alert cyclists to follow the rules of the road – people are riding in the wrong direction on Niblick St. (Chief Michigan: doing a bicycle safety educational campaign – lot of people on bikes in the summer); will be meeting with the Code Committee about fire safety changes and updating fire lanes; the foot of Arnold Ave., east of Ocean Ave., is blocked off, but he watched someone navigate around the cones to go through the exit – asked Chief Michigan about additional signage, directional and working with the County as codes are revamped (Chief Michigan: that’s a temporary fix to keep people off that street end); read an email that he and Mayor Reid received from the PPB Little League Information Officer regarding issues at the 10-year old All Star Game vs. Manasquan on July 10th (per the email, Board contacted parents, coaches, umpires and officials and it was determined that the coaches’ behavior was unacceptable and those involved were placed on probation from being head coaches in the league for one year – will also be implementing a Coaches Code of Conduct and Parents Code of Conduct to be signed prior to participation in league activities – will be implementing a mandatory Coaching Safety and Conduct course that all coaches and board members must complete prior to having contact with players – the NJ Little League State President concurs with their decision) the Little League was proactive and did what a lot of other youth sports require (Mayor Reid: the Board did the right thing; Councilman Kanitra: the Little League Board is its own separate entity – doesn’t think any elected official should be taking a stance or interjecting opinions into another sovereign board; Mayor Reid: hopes that, if he becomes Mayor, when people come to him saying they’ve heard things about the town he represents and how children were hurt, that he will take it seriously and look into it – is proud of the Little League Directors wonderful job; Councilman Kanitra: but they didn’t need people going to the press and leaking things and taking public positions from this Governing Body) asked Councilman Santanello if the Recreation Committee has safety requirements for the coaches (Councilman Santanello: background checks – when he was the head of Recreation Basketball, they did Safe Sports for coaches and clinics for parents – talked about safety and the right way to coach – never saw this type of incident when he was President of the Little League or the Head of Rec Basketball – glad they addressed it – will talk to Joe Fitzsimmons about proper training and a Code of Conduct for Rec Basketball).
 
Councilman Cortes: at the last Beautification meeting, was asked about 2 areas in need of weeding – one property is under the auspices of the Parking Authority (PA), by the First Aid Building – spoke to PA Chair Bonsper about a getting landscaper there – the other is the Stella e Luna property on Bay Ave.; he and BA/CFO Riehl discussed trees that were chopped down by JCP&L on Richmond Ave. – received a $2,350.00 quote from Davies to grind down the stumps – a step in the right direction (Mayor Reid: asked why Borough has to pay for this; BA/CFO Riehl: the trees were butchered – JCP&L agreed to cut them down but they left what was cut for the Borough to dispose of and they left the stumps in place; Mayor Reid: wants to send them a letter prior to authorizing order approval); been working on the back of the DPW trucks for the past 3 Mondays, as he volunteered his services for every Monday in July – Mondays are the busiest day – until yesterday, had failed to hire any temporary summer help, as no one applied and 3 employees are currently injured – two new guys started yesterday – 2 weeks ago, garbage wasn’t finished until 5:15PM and it starts at 6AM – he went on the truck 5 years ago and invited Councilman Kanitra last year to pick up recycling with him – people put out things they are not supposed to but, to make the town look better and in response to complaints, it is picked up – garbage pick-up operations haven’t changed in years, but town demographics have – lot of landlords with new people checking in and out – wants to look into doing away with the bulk pick-up fee – made $7K on it last year – can eliminate the headache of issuing bulk pick up tickets, which are not available on Saturdays – would be a feel-good thing – other towns don’t charge for it – would still be restrictions on what can be put out – tipping fee is less if dropped off by a sanitation truck, so curbside pick-up saves money – people are still putting tainted items in the recycling cans and abusing the number of bags/cans that can be put out and the containers are too heavy – recognized some nice people including George Loder, Frank Carey and some kids in town who put out drinks for the sanitation workers – need to adjust the ordinance to the department, not the other way around; looking to get the deteriorating County road behind Broadway fixed, as there is standing water.
 
Councilman Kanitra: congratulated Councilman Cortes for his work with DPW – town owes him a debt of gratitude; the Arts Committee movie, “When Harry Met Sally” is being shown at 8:30PM on an inflatable screen on the Boardwalk in front of the Food Shack (Councilman Santanello: asked that the Arts Committee send him such information for his weekly announcements); Arts Committee is just about finished with one of its mural projects – on the side of the Jenkinson’s (former Risden’s) building – partnered with Jenkinson’s and Jim Inzero from Stella e Luna on this whimsical, nautical lighthouse scene – lot of people take pictures in front of it and tag them on Instagram – encouraged all to take a look – the next will be downtown at the Stella e Luna building – looking to do one every season or so; trolley is driving around town looking like it’s been through a dirt storm  –  spoke with BA/CFO Riehl yesterday about getting it cleaned; congratulated Code Enforcement for finding a 12+ Airbnbs and other online rentals that have not gotten a Certificate of Occupancy – need to be fair and bring in revenue; addressed the underage tobacco purchases at Nobles Smoke Shop – have heard from residents for months that they are pushing Kratom on kids – Kratom is banned in numerous states, not including NJ, but individual communities have banned it – an herbal substance with similar properties to heroin, it can cause seizures and other medical problems– asked that the Borough Attorney be authorized to look into the Governing Body’s recourse of banning the sale of  Kratom, whatever it might be classified as (added as ITEM 2E); have New Jersey Ave. residents here about disruptive tenants – Animal House ordinance is for short-term leases only – slumlords rent both short-term and long-term and should be subject to the same fines – asked that the Attorney be authorized to draft an amendment to the Animal House ordinance (added as ITEM 2F); he missed a couple of meetings due to vacation and family issues – thanked Councilman Santanello for providing him levity with his comments over the last month – wants to work together and bury any hatchets over the next 5-6 months – it’s a small community and all have to live together.
           
Councilman Santanello: gave the Police report since the last Council meeting – 4th of July weekend was extremely busy for the department – all hands on deck with everyone working – record numbers of crowds and calls for service – all personnel worked extremely hard to ensure smooth Police operations – noted a motor vehicle accident on Atlantic/Chicago after the fireworks, in which a vehicle lost control and ran over a woman – scene was chaotic with Police, Fire, First Aid and onlookers – woman was freed, transported to the hospital and is expected to make a full recovery – all professionals worked together and did a great job – on July 13th, detectives conducted an undercover operation at Nobles Smoke Shop after receiving complaints about underage sales at that location – a Nobles Smoke Shop employee was charged with 3 counts of selling nicotine products to persons under the age of 21 – Department will continue to diligently enforce the laws of underage purchasing of e-cigarette and vaping products – there were a number of criminal arrests in July – community policing includes the 2nd Annual Police Youth Camp, starting July 25th, with approximately 30 campers experiencing 7 days of emergency operation activities, instructed by PPB Officers and several other agencies, and one day at Breakwater Beach Water Park in Seaside – Det. O’Neill has done an outstanding job putting the camp together; amazed by Councilman Cortes’ work in DPW – proves he truly is the hardest working Councilman; Recreation Beach Yoga is on the agenda – hopes Council will approve; Best Day Program this past Saturday and Sunday was a huge success – kids and their families had a great time; Ocean County Library won a Book Bike at a library conference this year and gave it to the PPB branch – Branch Manager Willbergh spoke with ZO Petrillo and Det. O’Neill about regulations and Matt will be riding the bicycle to the Recreation program this summer; read an email from Councilman Toohey from Antrim Art Teacher Kim Carr, who comes from a long line of art teachers – her students are designing and 3D printing small book exchanges to be place in locations throughout town – looking to have them built by the PPBHS shop class – roughly the size of a birdhouse and open for the free exchange of books (Councilman Cortes: suggested Pleasure Park and the beach as possible locations; Councilman Kanitra: maybe near the gazebo or band shell) doesn’t want to leave them for tourists to destroy – would like to ask the Beautification Committee about pocket parks, like the one on Randall & Niblick (Councilman Kanitra: there is one on Newark; Mayor Reid: make sure they are on the outside of Pleasure Park, so adults don’t have to walk through camp; Councilman Vogel: suggested BA/CFO Riehl designate the spots); said a lumber yard in town received a call from Arlene Testa claiming to be a PPB Councilperson – is alarmed that she is not elected yet and has violated the oath – an early indication of how corrupt the Kanitra administration is going to be (Councilman Kanitra: accused him of being an angry sore loser and an embarrassment to the community).
 
Mayor Reid: Pat Cavanaugh of the Recreation Committee does an amazing job with Best Day – 45 physically and mentally challenged children on both days – more than 125 volunteers – really moving– kids learned how to surf, played games, etc. – 2nd year – hopes it will be approved next year – Surf Taco, Food Shack, and the Trolley participated; through fund-raising 2 years ago, were able to order solid blue mats for the Maryland Ave. Beach to make it wheelchair-accessible – will be here in about a week – really excited about that; congratulated the Chamber and downtown businesses – received calls from people from all over who had an amazing time; spoke about basketball nets at backboards at the last meeting – been ordered and will be in soon (BA/CFO Riehl: 6-7 weeks); wheelchair swing is here (BA/CFO Riehl: received quotes from installers – will wait until after Park Program) have one big wheelchair swing and 2 handicapped swings (BA/CFO Riehl: 2 bucket swings and a sway bench); things have to be done on New Jersey Ave. – Council will amend the Animal House ordinance to have some more teeth; thought bag ordinance didn’t have teeth but it does (Attorney Zabarsky: is now section 3-51 in the Code – ZP Petrillo knows she can write violations – completely proper – just never received the codification – that section is now being amended to include plastic straws) some stores were ignoring the ordinance – fines will now be issued; hopes the plastic straw ordinance will be approved today, as the  straws are in the lakes – there are recycled plastic straws that break down – can really make a dent by passing this ordinance; spoke about LOSAP at the last meeting – will have an ordinance by next meeting for introduction to incentivize and attract volunteers.
 
BA/CFO Riehl: for those who do not comply with the water metering project, ordinance allows the Borough to enter properties to service meters and issue fines of $250-500 dollars – a town-wide robo-call will remind people to arrange new meter installation and advise of penalties; dune replenishment has hit another snag – barge has been irreplaceably broken – completion date now moved to July 28th (Mayor Reid: have to wait until they are out to install the blue mats – likes that they lowered the dune to 18’ at New Jersey Ave., as requested) also significant issues with the outfall pipe getting clogged with sand – pipe was designed by Ocean County, funded by the State and DEP – per DEP, have to let it go through a winter to see if stabilization occurs – County would have to address any ongoing issues (Mayor Reid: someone was cleaning it the other day); received notification that NJNG will start gas main replacement between PPB and Brielle on August 12th – expect work to last about 3 weeks – don’t expect traffic impact, but there will be shoulder closures (Mayor Reid: not happy – asked BA/CFO Riehl to send a letter to liaison to wait until after August); through June, as compared to last year, parking revenue is up $94K and Court is up about $18K – machines are functioning as hoped (Mayor Reid: thanked Councilman Santanello and BA/CFO Riehl for a great job (Councilman Vogel: asked for an update on State-promised signage to alleviate jams at St. Louis and Arnold, due to NJ Transit and DOT blocking Forman) DOT indicated the Forman Avenue signs were being made and would be installed by DOT but did not give a time frame – followed up with DOT after last meeting on pavement markings and signage on Rte. 35S at Arnold – was told that it has been reassigned to the Traffic Department and being looked into.
 
                     The Deputy Municipal Clerk announced additions/revisions to the agenda.
 
PULIC PARTICIPATION BEGAN AT 8:28PM
 
Patrick Donald, PPB: New Jersey Ave. resident – asked about the Animal House ordinance and proposed amendments; asked for parking patrols on the west side of the tracks and increased parking in town (Chief Michigan: call Police with issues).
Eric Staub, PPB: New Jersey Ave. resident – concerned about possible retaliation from neighbors if police are called, with camera on property (Attorney Zabarsky: must call Police with issues).
Melanie Bodner, PPB: New Jersey Ave. resident – concerned with drugs, animals, etc. at the vacant house on her corner.
Dave Cavagnaro, PPB: asked about item 1j; for the Animal House ordinance, unlike non-rentals, landlords must comply with changing building codes.
Marilyn Burke, PPB: asked about items 1n, 1q, 2a and 3j.
Vincent Castin, PPB: commented on item 1h.
Councilman Vogel: suggested removing item 1o, as the gentleman who requested it, passed away.
 
PULIC PARTICIPATION ENDED AT 8:55PM

            Motion by Councilman Santanello to close public participation and approve the items listed below was seconded by Councilman Vogel and carried by roll call vote.
CONSENT RESOLUTION 1:
1a     Approval of payment of Payroll #14 ($313,847.77)
1b     Approval of pymt to Premier Electronic Solutions for meter shop security system/inspection ($3,495)
1c     Approval of payment to OCUA for 3rd quarter sewerage ($318,071.25)
1d     Approval of payment to BTMUA for June bulk water usage ($95,760)
1e     Auth to request a free 63rd Army Band concert, 7/2/20 (or 6/27 or 6/28), 7PM, at the band shell
1f      Correction to Environmental Commission appointment terms for P. Villani and D. Russell
1g     Approval of PO to Park Builders for swing installation at Pleasure Park ($3,800)
1h     Approval of Chamber Social Affair Permit app for Wine Garden at Seafood Festival, 9/21 (rain: 9/22)
1i      Re-appointment of T. Curcio to Parking Authority following required 6 months break after retirement
1j      Auth for Atty to amend ordinance affecting W/S rates & charges due to recent equipment upgrade
1k     Approval of NJDOT S/E application for Summer Outreach table on Boardwalk on 8/8
1l      Approval of payment to PPB Bd, of Ed, for July-Dec. allocation and debt service ($7,033,340.25)
1m    Approval of payment of employee insurance opt outs for Jan-June 2019 ($29,912.03)
1n     Approval of Rec request for Joyful Living to teach yoga on MD Ave Beach, various times, Jul-Sept
1o     REMOVED PER COUNCILMAN VOGEL
1p     REMOVED PRIOR TO MEETING
1q     Consent for proposed Ocean County Water Quality Management Plan Amendment
1r      Approval of payment to Standard & Poor’s for analytical services-bonds ($16K)
1s     Approval of payment to NJDCA for 2nd quarter State training fees ($4,103)
1t      Approval of payment to All Covered for IT maintenance/support/warranty ($8,607)
1u     Appointment of Z. Giles as seasonal DPW laborer
1v     Appointment of D. Sherman as seasonal DPW laborer
1w    Authorization to advertise for Code Enforcement/Zoning Officer
1x     Promotion of W. Popp to DPW Sanitation Driver
1y     Approval of salary adjustment for C. Macomber
1z     Approval of salary adjustment for M. Ormsby
CONSENT RESOLUTION 2:
2a     Support for bills S1614 & A826 to increase the Shore Protection Fund from $25M to $50M
2b     Memorialization of Resolution 2019-0702/1cc with added language (FY2020 NJDOT Municipal Aid                                                                                                                          Resolution-Central Avenue)
2c     Approval of curb cut at 302 Trenton Avenue – PER DH MEMOS
2d     Approval of curb cut at 121 Randall Avenue – PER DH MEMOS
2e     Authorization for the Borough Attorney to look into the recourse of banning Kratom
2f     Authorization for the Borough Attorney to draft an amendment to the Animal House Ordinance
CONSENT RESOLUTION 3:
3a     Approval of payment of computer-generated vouchers ($2,711,163.53)
3b     Approval of payment of computer-generated vouchers ($98,774.53)
3c     Approval of PO to Firefighter One for 5 SCBA Air Pak sets for Fire Co 1 ($55,762)
3d     Approval of PO to Fire & Safety Services for yearly firetruck maintenance ($10K)
3e     Approval of payment to Carporti for police carport & roll up door ($12,870)
3f      Approval of payment to McNamara Screenprint & Embroidery for Police uniforms ($5,780)
3g     Approval of pymt to L3 Mobile-Vision for flashback HD System with Wifi/GPS for PD ($4,046.25)
3h     Approval of membership in Ocean Fire Company No. 1 for T. Bielen, Brick
3i      Authorization to extend contract with the State PBA through 2022  
3j      Authorization of amendments to Police Chief’s contract 
3k     Approval of payment to Dr. R. Hanbury for 23 Police psych evaluations ($6K)
VOTE: Councilmen Vogel (except 1y and 3), Cortes, Kanitra (except 1h), Santanello….YEA
                        Councilman Kanitra (1h)….NAY
                                    Councilman Vogel (1y and 3)….ABSTAIN
                                                Councilman Toohey, Migut….ABSENT
             
ORDINANCES:
 
            Ordinance 2019-10 (Amend Chapter 2-23 Personnel) was considered on second reading. Mayor Reid opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Kanitra to close the public hearing and adopt Ordinance 2019-10 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Santanello….YEA
                        Councilmen Toohey, Migut….ABSENT
 
         Ordinance 2019-11 (Amend Chapter 3-51 Ban Plastic Straws) was introduced on first reading. Motion by Councilman Vogel to approve Ordinance 2019-11 on first reading was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on August 6, 2019.
VOTE: Councilmen Vogel, Cortes, Kanitra, Santanello….YEA
                        Councilmen Toohey, Migut….ABSENT
        
PUBLIC PARTICIPATION BEGAN AT 8:57PM.
 
George Loder, PPB: people from town raised $9K for band shell concerts – asked the Governing Body to donate $1K to make the $10K goal. (Councilman Kanitra: Arts Committee voted to donate one night as well); recognized Councilman Cortes for helping with sanitation and Mayor Reid for speaking about Carmen Amato (Berkley Mayor’s) initiative – as Councilman, he worked with Mike Gardner to get the town into the National Flood Insurance Program – currently at a Community Rating System rating of 6 – with flood insurance rates going up, he volunteered to help raise it – 10 is the highest level.
Motion by Councilman Kanitra to add the $1K donation to sponsor one night of the band shell concerts to the next Council agenda was seconded by Councilman Cortes and carried by consent of Council.
            Tina Hennessy, PPB: here to support her husband, children and PPB Little League – her husband Sean is a devoted, passionate coach – very disappointed that someone went to the paper with false accusations about coaches – Little League Board found no such evidence of bad language – wonders who went to the paper – never saw an article about what the 10-year-old team achieved this season.
            John Churpakovich, Brick/former PPB Little League umpire, basketball referee & mailman: was at the game in question – some accusations levied at Mr. Hennessy were false – he yelled, but there was never a curse word – spoke on his behalf.
            Dan Hennessy, PPB: ADA requirements stopped all construction at the Little League field, which is leased from the town – no snack stand or bathrooms – no money – if he was still Mayor, he would be embarrassed – got most of the money from Green Acres – Chief Executive is responsible for getting these things brought up to speed – hopes something will be done – team has never gone so far – #1 seed in the tournament
            Kristin Hennessy, PPB: said that, in haste, Mayor Reid poked his nose where it didn’t belong – respects Jim Dowd, former NJ Devils Hockey Player, beloved Manasquan Hockey coach and victim of disgruntled parents’ complaints, who was eventually cleared but lost his reputation – accusations against the Little League coaches are unfounded – asked where Mr. Hennessy goes to get his reputation back now that his character was maligned – feels it was politically motivated – made an issue before Little League had an opportunity to investigate (Attorney Zabarsky: not a forum for personal attacks).
            Arlene Testa, PPB: was honored when asked to run for Council – a tough race – been told to watch her back, that Councilman Santanello is out to destroy her – shopped at Woodhaven, as she wanted to shop locally and, when recognized, said she was a Councilwoman – it’s slander – did not go in there looking for a discount – she is hurt and it needs to stop – good people will not want to run. (Councilmen Santanello and Kanitra went back and forth; Attorney Zabarsky: advised that a legislative Governing Body has a duty under State laws to conduct themselves accordingly – will not have another night like this).
            Sean Hennessy, PPB: been coaching youth sports since he was 19 – is President of youth football in town – has never cursed, sworn or degraded any youth or players – can’t say how proud he is of those 10-year-old kids – no other PPB team has gone to the district championship – can’t believe their growth – the newspaper article should have been about them and how well they did – wishes he could coach them next year, but per the Board’s decision, he will not be able to – will reach out to The Patch – wishes the 2 accusers were here – a fiasco by 2 disgruntled parents who were unhappy with their kid’s playing time – would like to know how the article got in The Patch, but will ask them to run the correct article.
            Elaine Hennessy, PPB: congratulated her daughter-in-law, son and husband for their passion for the town’s kids – has seen none of the Governing Body members at a game – maybe Councilman Kanitra; noted 11 empty stores in town – need to do something about it; has never seen the Governing Body members at the Inlet – since the water has washed over, there are rocks all over the pavement and trash all over – sees the cleaning on the Manasquan side – PPB side is a mess; yellow curbs need painting in the second district – will meet Councilman Cortes at the Inlet at 6AM tomorrow.
            Tony Andretta, PPB: need to stop – wants to become more active in town – what he sees happening is not conducive to having a well-run organization – need to forgive and forget – politics is confrontational and nasty, but need to move on – will no longer come to these meetings if he has to listen to this.
            Bob Maloney, PPB: asked if Police Department has cut back on walking patrolmen – 2 recent incidents in his neighborhood – someone went to the bathroom in his driveway and on his neighbor’s property (Chief Michigan: asked if Police were called).
            Vince Castin, PPB: Inlet port-a-john is missing – asked if that’s a cost-saving measure.
            Elaine Hennessy, PPB: problem with traffic on New Jersey Ave. – tractor trailer used the street as a shortcut – wants every truck that comes down that street ticketed.
            Dan Hennessy: PPB: when he was in office, there was a joint resolution with the Boro, which the County went along with, disallowing 4-ton trucks on Bay Ave. – not being enforced – last Chief wrote tickets – should put a man out there – there are kids on these streets.
 
PUBLIC PARTICIPATION ENDED AT 9:48PM.
 
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 9:48PM. 
 
 
 

TRANSCRIBED BY: _______________________________

Eileen A. Farrell, RMC
Municipal Clerk
 
 
ATTEST:__________________________________
Janet Mutter
Deputy Municipal Clerk