Borough of Point Pleasant Beach Borough of Point Pleasant Beach
Council Meeting Minutes
July 3, 2018
Mayor Reid called the meeting to order at 7:31PM. Present were Councilmen Vogel, Cortes Kanitra, Toohey and Santanello. Councilman Migut 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.”
Flag Salute & Invocation
Motion by Councilman Vogel to approve the July 3, 2018 Council meeting minutes was seconded by Councilman Kanitra and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Santanello ….YEA
Councilman Migut….ABSENT
DEPARTEMENT HEAD MEMO/DISCUSSION:
Mayor Reid: explained that Council addressed the wrong curb cut at the 6/19 meeting, as it was confused with another. Councilman Cortes: addressed the amended curb cut request at 149 Ocean – applicant wants to purchase a small bungalow north of the corner, tear it down and use it as a personal parking lot – applied to Board of Adjustment (BOA) – deed restricted – limited to owners, Ocean Avenue Partners – can’t be a paid or public lot – agrees with ZO Petrillo and BOA to approve it at 16 ft. (Mayor Reid: taking 6 cars off the road, which is good; Councilman Toohey: asked how it would be assessed; Councilman Vogel: land) added as ITEM 1BB.
BYOB in Art Studios: Councilman Kanitra explained that Mayor Reid was contacted by a Bay Ave. business owner who will provide independent paint classes – the model in Brick and other communities is bring your own wine – a sociable thing (Mayor Reid: also done by the Fire Dept. and PTO) Borough Attorney issued a concise memo looking at what Sayreville, Wall and the State have done – can put something on the agenda allowing it at a group of businesses (Attorney Riordan: State has pre-empted the field by saying they will regulate BYOB and that restaurants can be BYOB, but have reserved to municipalities the power to prohibit BYOB – Wall allows it in restaurants and art galleries where there are art classes, with restrictions – Sayreville ordinance, which had a great deal of detailed regulations, was challenged and struck down by the court – once BYOB is allowed, hands are tied and the municipality can’t regulate it – always subject to challenge by other businesses – not clear that State statute gives municipalities authority to allow commercial businesses, other than restaurants, to be BYOB – but everybody is doing it without challenge so far – in PPB, in the absence of an ordinance, restaurants are allowed to be BYOB and no one else is (Councilman Santanello: asked how a restaurant is defined; Attorney Riordan: State defines it) what is done in regards to art galleries will not affect restaurants – can restrict it to one class – businesses that are social or educational in nature, etc. (Attorney Riordan: Municipal Clerks Association has taken the position that it can’t be done, which is not an unreasonable point of view; Councilman Santanello: asked if the Borough would be opening itself up to litigation from other sociable organizations if it is allowed in art galleries; Attorney Riordan: yes – that’s what happened in the Sayreville case; Mayor Reid: doesn’t think it’s anything bad and if another group wants it, should look at it, if this will help the business thrive; Councilman Vogel: asked about other activities that it can apply to) for downtown to be vibrant after 5PM, the trend it towards entertainment-driven things (Mayor Reid: talking about a small shop with 15-20 women painting and having 1 or 2 glasses of wine – might be looking too much into this; Councilman Vogel: asked about pottery studios and Chamber businesses giving samples at special events) this is a couple of men and women, bringing a couple bottles of wine – it’s not every night and they are not starting brawls; Chief Michigan: this is the first he is hearing of this and would be against it – would like an opportunity to discuss his thoughts prior to the Council voting to expand BYOB (Attorney Riordan: would worry about retail shops selling decorative items; Councilman Toohey: it’ not a novel business model – it’s happening all over – might be worth it to involve the Chief in the conversation and see how places like Red Bank are handling it (Attorney Riordan: referred Council to the Wall ordinance, which is one of the more recent and comprehensive; Mayor Reid: asked Councilman Kanitra to speak to the Chief and owner).
COMMITTEE REPORTS:
Councilman Vogel: DPW put a trash can at the end of Silver Lake at Trenton and Chicago Ave., which he was looking for; item 1x is critical – those who live in a flood zone and have gone through Sandy know the importance of this program, as it helped them bounce back – anyone who has a mortgage is required to have flood insurance – Congress kicks the can on this – they’ll reauthorize it or it may expire – there are longer term solutions – Councilman MacArthur is working on a bill which reissues the NFIP for 5 years, instead of 2, and provides money for floodplain management, pre-emptive actions to get more structures out of floodplains, to reduce claims that are paid – sometimes it becomes a political football – inland communities near rivers also suffer from flooding and are required to be part of this program – it’s important – hopes Congress will act on it, as it is due to expire at the end of the month; Shade Tree Commission has feedback on the Inlet plantings – have concerns about the trees planted and wants to keep existing vegetation – they want to know the tree watering plan at Little Silver Lake and Loughran’s Point, as their volunteers are reaching their watering capacity – have positive feedback on replacement of trees that didn't survive at Lake of the Lillies – have questions about shrubs on the original plans – trees on Arnold are looking good – thanked BA/CFO Riehl and Mayor Reid for supporting the project – Commission could use another member; a smoking accessory business on the 500 block of Arnold Ave. has, thankfully, gone out of business – the Chamber was not supportive of that type of business – Governing Body got some negative feedback and were not in favor of it – the Police and the School Resource Officer have concerns about businesses selling certain products – banning e-cigarettes and vaping in schools – would like restrictions on this type of business in GC Zone – there is an existing business today in that area (Attorney Riordan: can’t ban what the State allows, but can put in reasonable zoning restrictions; Mayor Reid: asked that ZO Petrillo and Attorney Riordan get together) she is coming up with some thoughts – time to make that move since the business is out (Councilman Santanello: brought to the Chief’s attention that some smoking accessories are sold at Country Farms; Mayor Reid: is concerned about Juuling; Attorney Riordan: read from PPB’s marijuana dispensary ordinance – thinks it’s covered – will look over more carefully).
Councilman Cortes: recognized July employee anniversaries – Terry O’Connor 13 years and Brian Patton 4; Beautification Committee did not have a June meeting, but barrels and gardens are getting extra watering because of the heat (Councilman Toohey: stepped out briefly); lake dredging project is pretty much completed – automatic valves aren’t in yet; received a phone call from a Trenton Ave. resident who wants more water in the lake for non-motorized watercraft, such as a canoe, so she doesn’t have to wade through mud – spoke to Engineer Savacool – will be more water once gates are up, as water will seek its own level (Councilman Vogel: heard people are jumping into the lake off the cement platform – might want to look at that); bulkhead at Chicago is finished – tree there will come down, per recommendation of R.T. Davies – it's half dead – will be replaced – that’s where the church wanted to plant a tree but it was held because of the lake dredging; storm drain by Point Beach Interiors has dirt and grass growing through it – called Engineer Savacool – has County looking at a couple of the storm drains; County was out today looking at the sink hole on Bay and Trenton Aves. (BA/CFO Riehl: believe it’s a State storm drain – the County will fix it; Councilman Kanitra: asked if the County checked the corner of Washington and St. Louis); they were there for almost a week doing surveys/readings – the foreman said there is a definite problem (BA/CFO Riehl: followed up yesterday with an e-mail, asking for solutions and recommendations – they responded that it’s told it's too early to tell); commended Chief Michigan – he called him and he had left the building, but Officer Distelcamp met him on Forman Ave. about cars that got parking tickets and shouldn't have, as a curb cut had been approved where they were but the lines had not yet been painted – BA/CFO Riehl had DPW paint lines properly the next day; Attorney Riordan: advised that he should have called dispatch, not the Chief – will get faster service, as the Chief has to then call dispatch) the car owners were grateful.
Councilman Kanitra: the Environmental Commission met with Save Barnegat Bay – Lake of the Lillies has a lack of oxygen, which leads to algae growth – asked if the company recommended by Engineer Savacool for the in-depth testing came out before the treatment (BA/CFO Riehl: they were not notified – will treat the pond weed and do the more comprehensive testing) grants are coming up over the next couple of weeks – the collapse of the storm drain today show that whatever is underground is aging – seeing repercussions – probably other problems underground that could be remedied, once funding is obtained to map it – PPB’s fellow, Erin Lannon recently did a fleet inventory – looking at grant funding to help PPB’s cars be more fuel efficient – also looking at possible grant funding for electric trolleys – she sat with DPW Super. Trout – will have recommendations for HVAC and lighting improvements and boilers in Borough Hall – could get 75 cents on the dollar from NJNG for improvements and a 0% loan – looking to make cost-effective improvements over the next 5 years, as a result of her work; Arts Committee is scheduling meetings and did an asset inventory – will probably have one event per week at various places throughout town (Attorney Riordan: that committee has no power to do anything – makes recommendations to Governing Body or the Administrator – it’s an advisory committee to the Governing Body) will provide the calendar monthly (BA/CFO Riehl: Councilman Kanitra contacted her about what needs to be done – she advised him to have the committee vote, with vote reflected in the minutes and provide a list of dates to her for Council agenda); is on the Street Lighting Committee – is frustrated as lights have been out on Parkway for a month – told Engineer Savacool and JCP&L – nothing was done and no communication was received – went to a tour at JCP&L and asked about it – was told it’s all fixed, then got an email from Dave Cavagnaro saying that the lights are not fixed – Councilman Vogel wants a light inventory on Bay Ave. – Chief Michigan wants lights on Broadway and Ocean Ave. – has received no communication at all; asked if BA/CFO Riehl can help expedite (BA/CFO Riehl: light survey was approved at last Council meeting – e-mailed Engineer Savacool to go ahead) asked what is going on with Parkway (Mayor Reid: will schedule a meeting with John Meehan from JCP&L).
Councilman Toohey: asked BA/CFO Riehl to reach out to the County about the pump at the top of Little Silver Lake smells like raw sewage; read from a prepared statement for the Ocean Star, commending Chief Michigan and the Police Dept. for their proactive approach to the unsanctioned June 29th Meet Up event that required an extraordinary outlay of municipal resources – the organizers (Demon Entertainment) are getting a bill – asked that the Chief and Borough Administrator determine the overall municipal expenditure in response to this event and that Attorney Riordan be authorized to draft a letter to the organizers identified by the police, accompanying these expenditures, with expectation for payment within 30 days or action will be taken – asked that Council support legal action if and when payment is not submitted – also asked that Borough Attorney be authorized to research the amendment of PPB’s current special event ordinance to reflect municipal expense as part of the penalty for planning and/or promoting or executing an unsanctioned event – police sent a very strong message last Friday and it’s time the governing body do the same – if an event is planned in PPB that requires the outlay of municipal resources without Council approval, a bill will be sent and, if not paid, organizers will be dragged into court – don’t get to do that to PPB.
Councilman Santanello: asked BA/CFO Riehl to speak about item 1m – looked at some problems in the code book that could be challengeable in court (BA/CFO Riehl: Court Administrator raised issues with conflicting fines and penalty information in the code, as well as parking violations and mandatory tickets – another issue is parking and fire lanes – code lists fire lanes but doesn't say it's prohibited to park in them – this is referenced under the traffic section of the code, but the fire lanes are not denoted as such; Attorney Riordan: will fix both sections – will also address burning of garbage and leaves – had provided Council a copy of Avon’s open burn ordinance) will ask Councilman Migut to speak with ZO Petrillo regarding an open burn ordinance; Mayor Reid: asked if that's a State issue: Attorney Riordan: will look into how the State regulates it – with respect to 1m, will do first 3 things in the memo he provided to Council); reminded all about the upcoming Best Day event and Rec Summer Wrestling Program; thanked Anne Lightburn for lending him excess water bags for his trees, as he won't be home for the summer; gave the police report since last meeting – training included canine odor recognition and water rescue – criminal arrests included possession of marijuana, disorderly conduct, aggravated assault on a law enforcement officer, resisting arrest, simple assault, etc. – current Community Policing, to promote officers in positive light, has received a lot of positive feedback and includes participation in 7-Eleven’s Operation Chill community relations program; read Chief's message on the threat of a June 29th beach party that could potentially draw rowdy crowds in excess of 10,000 people – to combat this threat, he called upon several resources – had assistance from NJ State Police, Ocean County Sherriff’s Dept., Ocean County Prosecutors Office, NJ State Human Services Police, NJ Dept. of Corrections, NJ Dept. of Homeland Security. NJ Transit Police, Point Pleasant PD, Brick PD, Red Bank PD, Manchester PD, Ocean Township PD, Avon PD, Allenhurst PD and Jackson PD – showed up in masses to combat the threat of masses – thanked all – estimated about 100-150 individuals showed up to attend the advertised party – a show of force negated any widespread problems – dept. performed exceptionally – commitment to keep PPB a family town was on full display – a team effort – will continue to monitor social media and crowds throughout the summer – is proud of Chief Michigan who did a fantastic job – shared that his daughter works at the Aquarium and a couple of Special Officers happily escorted her home at night after work – they had no idea who she was – really appreciated that – on behalf of the Dept., wished all a Safe and Happy 4th of July.
Mayor Reid: great to hear from Council on all that's going on in town; police are well trained, have common sense and are nice people – Chief's leadership is fantastic; trolley is back; Ruckus band had a nice turnout – Army Band played on July 1st – Fab Four plays on Thursday – fireworks will be held on Wednesday and Thursday; will work on getting boats for people to go in and pick up garbage from Lake of the Lillies and Little Silver Lake (Councilman Kanitra: can get State prisoners in October) had a good meeting with residents about clearing up things that are growing; DPW always does a great job – added Arnold Ave. to their morning sweep; looking forward to Best Day and working on getting food, etc., for the event.
BA/CFO Riehl: Borough Hall offices are closed tomorrow – there will be sanitation and recycling pick-up; next week is the preconstruction meeting on Loughran’s Point improvements – will start right away – playground people are ready to start – told them to wait (Councilman Kanitra: BA/CFO Riehl is attending a seminar on social media mayhem) there are regulations as to what you can and cannot delete, from a town Facebook page, whether you can or cannot block people – it’s a government record (Attorney Riordan: emphasized all that the Borough’s social media and texts are public record and care should be taken).
The Clerk announced additions to the agenda.
PUBLIC PARTICIPATION BEGAN AT 8:31PM.
Dave Cavagnaro, PPB: asked about BYOB – concerned about setting a precedent – per ABC, any place that serves food is a legal BYOB; commented on items 1c and 1d, recommending Shore Top Construction and commending the job they did; asked about items 1p and 1t (Councilman Vogel: suggested some signage to address the traffic back-up at Arnold and St. Louis).
Vince Castin, PPB: asked about extending the concrete at Loughran’s Point, the status of the Coast Guard Building, item 1u and the Inlet bathroom.
PUBLIC PARTICIPATION ENDED AT 8:48PM.
Councilman Cortes: asked about 1y – had discussions about tables on the Boardwalk (Chief Michigan: would be against a business – this is an educational/special needs organization).
Councilman Kanitra: asked about 1cc and 1dd – guarantees there is no legitimately-filed Demon Entertainment (Chief Michigan: has identified the major players) one of the individuals was waving around a hand gun in a video, while they bad-mouthed police (Chief Michigan: he was pulled over and his car was impounded).
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 Approval of W/S relief request
1b Approval of payment to PERS for employer share of retro salary increases ($22,800.78)
1c Approval of CO 1/Final to Shore Top Construction for Seymour Roadway Imp (-$9,232.20)
1d Approval of payment to Shore Top Construction for Seymour Roadway Imp ($136,411.39)
1e Approval of payment to Devo & Assoc for meter & parking machine airtime Apr-Jun ($5,729)
1f Approval CO 1 to Johnson Baran for Parking Lot Reconstruction ($2,828.20)
1g Approval of pymt of Pay Cert 1/Final to Johnson Baran for Parking Lot Recon ($127,828)
1h Approval of sale of surplus equipment/pick-up truck to PPB Bd of Ed ($2,500)
1i Approval of payment to DEML&P from Pl Bd & BOA escrow accts
1j Approval of payment to T&M Assoc from Pl Bd & Developer escrow accounts
1k Approval of payment of Payroll #13 ($296,412.89)
1l Approval of payment to D. Sweet from Pl Bd escrow account ($225)
1m Auth for Attorney to draft ord. changes recommended in 6/21/18 memo, at Court Admin’s request
1n Approval of VFW ABC Social Affair Permit application for Fishing Tournament event on 8/18
1o Approval of S/E application for Best Day event on Maryland Ave beach, 7/7 & 7/8
1p Authorization to request DLGS permission for dedication by rider for Cultural Arts Committee
1q Approval of release of dumpster bond to JEM Contracting for 60 Harvard Ave ($250)
1r Approval of tax overpayment refund to Manasquan Bank ($2,869.39)
1s Authorization for Tax Collector to prepare and mail estimated 3rd Q tax bills
1t Approval of T&M Scope and Budget for St. Louis Ave Reconstruction
1u Approval of payment to Lasting Line Painting for town wide striping/curbing ($19,990)
1v Approval of payment to Ocean County Landfill to replenish landfill escrow ($50K)
1w Approval of payment to Riggins for DPW diesel fuel ($9,124.04)
1x Support for Congress renewal of the National Flood Insurance Program
1y Approval of S/E application for Acelero Learning table on the Boardwalk, July 23-26
1z Approval of PO to Upbeat Inc for 4 combo/recycling cans for Loughran’s Point ($4,525.25)
1aa Authorization for Rec Cmte to run a Summer Wrestling Program at PPBHS w/volunteer staff
1bb Approval of request for Amended Curb Cut at 149 Ocean Ave – ADDED PER DH MEMOS
1cc Authorization for Borough Attorney to draft a letter to event organizers, to recoup expenditures for the planned meet & greet on the 29th – ADDED PER CMTE RPTS
1dd Authorization counsel to research amending current Special Event ordinance to reflect municipal expenditures as a part of planning an unsanctioned event – ADDED PER CMTE RPTS
CONSENT RESOLUTION 2:
2a Approval of payment of computer-generated vouchers ($267,194.39)
2b Approval of payment to PFRS for employer share of retro salary increases ($20,697.73)
2c Memorialization of approval of payment to Valic for 2016 LOSAP ($43K)
2d Approval of payment to Switlik Parachute Co for OEM anti exposure rescue dry suits ($8,200)
VOTE: Councilmen Vogel (1), Cortes, Kanitra, Toohey, Santanello….YEA
Councilman Vogel (2)…ABSTAIN
Councilman Migut….ABSENT
Per Borough Attorney, assume usual abstentions on item 2a with which Council has conflicts.
PUBLIC PARTICIPATION BEGAN AT 8:49PM
Dave Cavagnaro, PPB: spoke about lights out on Parkway and in Silver Lake Lot – once again, suggested not paying the bill – thanked Councilman Kanitra for his efforts; spoke about sand on the Boardwalk; while he was not in attendance, he expressed concern about the perception of how attendance was handled at the last Council meeting.
PUBLIC PARTICIPATION ENDED AT 8:52PM
Motion to adjourn by Councilman Vogel was seconded by Councilman Toohey and carried by consent of Council. Meeting was adjourned at 8:52PM.
ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk
