March 19, 2019

 
Mayor Reid called the meeting to order at 7:31PM. Present were Councilmen Vogel, Cortes, Kanitra, Toohey, 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.” 
 

 
Motion by Councilman Vogel to approve the March 5, 2019 Council meeting minutes was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut….YEA
                        Councilman Santanello….ABSTAIN
 
DEPARTMENT HEAD MEMO: 
 
         Councilman Cortes: discussed ZO Petrillo’s memos regarded requests for curb cuts at 1603 West Street (at 16’) and at 104 South Baltimore Avenue (at 13’, shifted east) – agrees with ZO Petrillo’s recommendations – APPROVAL FOR BOTH ADDED AS 1EE.  
 
COMMITTEE REPORTS:
 
Councilman Vogel: last Wednesday, he attended the pre-construction meeting for beach replenishment – tentatively scheduled for April 7-19, depending on when they finish in Lavallette – pipe will be landed near South Baltimore – they will move north to around Trenton Avenue, then South to about the old outfall pipe – will move the dredge to J Street in Bay Head and start pumping south to north – Maryland Ave. portion will be done last – there is a request for use of the New Jersey Ave. parking lot and for 20 parking passes on the agenda – half the lot was allotted in the existing agreement, but it  makes sense to allot the whole lot, so it can be done as quickly as possible – there is a possibility of lost revenue, but there will equipment in the lot, flaggers and people moving – a 24-hour/day operation so, from a safety perspective, should be cautious about what is allowed in there, and a good portion of the beach will be closed while the work is being done, so people won't be parking there – and  that lot does not impact the current fund – will start with Philadelphia Ave. and move to New York Ave. as the vehicle access point, but may need some access through Maryland Ave., which will remain open – any vehicle on beach will have an escort – there will be a 1,000-foot exclusion point around the discharge site, which will move with the project, so, when pumping sand, the area will be blocked off with fencing – will be surveying and structural monitoring crews ahead of time to identify private property in the work zone area and give owners a heads up to move anything in the way or it will be moved – separate contractor will do crossovers within 14 days of replenishment and dune – will be devices on the beach monitoring for vibrations – dune grass won’t be planted on those dunes until November – water table may be impacted within a quarter mile – houses on Ocean Ave. with basements, from south up until about Trenton Ave. could be impacted – would like use of Council Chamber for non-public weekly meeting – ADDED AS 1FF – anticipate 30 days, weather dependent – will be monitoring migratory birds, etc. – it’s a complex project; working with Historical Society and PPBHS on Memorial Day project for those who served or who were killed in action; asked for Resolution sending support of A3913/S3358, combatting human trafficking and illegal practice in the massage industry, to the Borough’s legislative districts and to Senator Smith’s office – ADDED AS 1GG; addressed water ponding at Yale and Baltimore – he and Councilman Cortes looked at it – saw that is was from sump pumps – Engineer Savacool will request a drain from Ocean County; got feedback on NJ American Hydrants – cost is in line but other municipalities are getting maintenance and testing that PPB is not – impacts fire insurance ratings, etc. – should follow up with NJ American to see that they do what is being paid for; received a call from Clean Energy Program Consultant – don’t qualify for the Local Government Energy Audit – there is a Direct Install Program but PPB has already participated – in 2011 for Borough Hall and in 2012 for DPW building – not worth using resources to continue down that road (Mayor Reid: thanked him for appraisal on dune project – almost there – was supposed to start in January last year – saw the pipe in the water this weekend, so they are ready to go – hopes to be  done before summer).
 
Councilman Cortes: was at DPW today – saw contractors erecting new building in preparation of Sea Coast Oil demolition; fallen tree was removed in Pleasure Park and a stump was ground by the lake on Chicago Ave.; met with Engineer Savacool yesterday about kayak access and vegetation at Boston Ave., off Niblick St. – concrete slope will be behind the weir boxes – will meet with homeowners on Saturday – traffic was diverted down Channel Dr. due to Broadway repaving – Kiely is still working for the gas company  in preparation for the State’s repaving of Richmond Ave.; Tug of War is coming in October – found a mobile bleacher company in Belleville – will share information with BA/CFO Riehl (Mayor Reid: won't cost PPB money) – contacted the company that makes the green lights downtown – some are broken – will share information with BA/CFO Riehl to order replacement parts; saw an episode of HGTV House Hunters, which aired in December – was at Inlet Drive – couple on the show bought a house on one of the roads; Beautification Committee meets next week – will start to make new reindeer parts to replace the damaged ones (Mayor Reid: his wife is painting them now in his garage).
 
Councilman Kanitra: since Councilman Vogel brought up a resolution about sex trafficking and issues with prostitution in the massage industry, about a year ago, he brought strong evidence to Council of those activities going on with a business in town – had submitted pages of graphic documents, including fraudulent massage licenses registered to a business that was shut down by the Department of Justice for being a front for prostitution – it was shelved, no action taken, even though all agreed that something nefarious was going on – licenses were renewed this year – he worked for the Helsinki Commission in Congress on human trafficking and sex trafficking issues – one of Congressman Smith’s biggest priorities – would be a good catalyst, in addition to supporting the resolution, to act with ordinances that deal with moral clauses, business licenses and graphic advertising – can go to the State also – business like that attract a certain types of individuals that are not necessarily wanted in a family-friendly town; there were a lot of abandoned cars on Rte. 35 – thanked ZO Petrillo for helping with that; thanked DPW and BA/CFO Riehl for new recycling and trash cans by Little Silver Lake – fence is still down – maybe DPW can fix and AT&T billed; Arts Gala is on the 30^th with 140+ people; trying to get ACOE to pay part of the $24K for the Inlet camera – there is a procurement process in place; Environmental Commission is thrilled about the coming plastic bag enforcement; encouraged all to stay on top of what is happening at the bridge, as it is past the March 15^th deadline.
 
Councilman Toohey: budget workshop meeting is next Tuesday – in a good place fiscally –BA/CFO Riehl has done nice work on debt service and working with department heads – is confident budget is structurally balanced, real, and puts PPB in a good place going forward, without putting an undue burden on taxpayers; addressed Boston Ave. access with Councilman Cortes – Association has some concerns – should get together with them in May; address item 1k – doesn't conflict with Tug of War – ECSA gave an unsolicited $200 donation to the Recreation Committee and will be doing beach cleanup as well – excited to have them back – a number of last year’s participants went on to compete in the East Coast championships – asked for Council's support.
 
Councilman Migut: as former Councilman Mayer always brought up, the Chamber never shares financial information on what they reap from the Seafood Festival – asked BA/CFO Riehl to get the cost of policing the event and to send a letter to the Chamber asking for their financial statement.
 
Councilman Santanello: announced the date of the Easter Egg Hunt (April 13th), Memorial Day Bike Parade (May 25th – rain date May 26th), Best Day (July 13^th-14th) and Bonfire (September 7th); gave the Police report since the last Council meeting: training included a course on interviewing and interrogation when investigating narcotics cases and review of force incidents – will participate in “UDrive. UText. UPay” annual campaign in April – Capt. Duffy and Lt. Quaglia are overseeing SLEO in service training, geared towards everyday life as a PPB police officer – there is pending legislation on legalization of recreational marijuana in NJ – would be legal only on private property – addressed Chief's concerns, as the majority of arrests are made in public – foresees interaction with individuals increasing with this new law – suggested the Attorney look into a possible ordinance for smoking marijuana in public, allowing officers to issue summonses on-site, as is done with drinking or urinating in public – asked Attorney Zabarsky for thoughts (Attorney Zabarsky: would like to look at the law and give a proposal with options – as an analogy, have a local ordinance that prohibits open container possession and consumption of alcohol in public; Chief Michigan: wants to be in a position to address concerns immediately (Mayor Reid: are very proactive in PPB – appreciates that; Councilman Toohey: this Council has always done whatever they can to help the Chief do his job) – ADDED AS 1HH.
 
            Mayor Reid: asked BA/CFO Riehl about the repaving Rte. 35 repaving schedule (BA/CFO Riehl: they reached out 4-5 months ago – gave them dates but they never returned – assuming next year) should meet with them while money is there – asked if Kiely will be repaving Marcia Dr. and other local roads that were dug up (BA/CFO Riehl: yes – they have to restore and infrared – PPB does not pay for it); plastic bag ordinance went into effect in July – businesses were given leeway to use the plastic bags they had, but time is up – CEO Petrillo will be visiting businesses soon; JCP&L and he will have a fundraiser across the street this Thursday to raise money for St. Mary's – JCP&L does this once a year to for charity; will be meeting with people who have issues with watering in front of their houses, along with BA/CFO Riehl, T&M and Councilman Toohey – there may be an option to take care of the problem (BA/CFO Riehl: asked for some dates); June 14-16 will be the Boat Race with concert at the band shell – band shell concerts start June 27th – he, Councilman Vogel and Mike Corona are putting bands together – need fundraising; spoke about smart growth downtown, with businesses below and rentals on top – met with Attorney Galvin, land owners and other Councilmen – listening to what people have to say – can keep younger people here with rentals, as PPB has a bus and train station; had the Boy Scout Webelos here today – nice time; he and BA/CFO Riehl have been meeting with two families in town about a handicap swing – have raised some money – will be able to put in a bunch, including one for a wheelchair and a bench swing – likes to raise private funds and better the town.
 
BA/CFO Riehl: working with JCP&L on a credit or arrangement for the lights out; 2 DPW buildings were ordered – one was installed today and the second will be shortly – anticipates Sea Coast Oil building demolition in the next 2 weeks (Mayor Reid: asked that letters be sent to people on Cooks Ln. so they know it's coming; Councilman Cortes: asked her to check on the poles at the old pump property – JCP&L will schedule and the Borough will pay later; Councilman Santanello: asked how things are going with the new parking meters) all grounding rods are installed, all credit card information is set up and ready to go – lots and streets need to be renumbered from scratch and that will start Thursday – expects the machines to be here within 7 days and up and running the first week of April); will remind County to fix the Randall Ave. flapper valve and that the pothole on St. Louis is still an outstanding issue; DPW will remove stumps and soil over basement lid at Borough Hall – expects letter for quotes out by end of the week; spoke about aerators for Lake of the Lillies – been waiting for confirmation on the grant applied for – asked Engineer Savacool to begin design phase – he has (Mayor Reid: told neighbors 1½  years ago it would be done; Councilman Kanitra; asked about tree stump removal – if it’s just the fallen tree at Pleasure Park or the others as well) on agenda is the fallen tree and Chicago Ave.
 
Clerk announced additions to agenda. Mayor Reid: the yield sign at Rte. 3N and Arnold Ave. is no longer there – asked BA/CFO Riehl to have DPW Super. Trout replace it.
 

            Dave Cavagnaro, PPB: asked about item 1u and about Ordinance 2019-05; thanked Councilmen Vogel and Cortes for looking into the Yale issue with the Engineer Savacool.
            Vince Castin, PPB: asked questions about the dune project and the rising water table.
            Marilyn Burke, PPB: asked about the total amount of salaries in item 1o.
            Jeffrey Oakes, Oceanport: human trafficking is a huge problem – one form is undocumented workers – a real crime in every town and state – supports resolution against it – comes with gambling as and other problems.
            Councilman Kanitra: spoke about item 1gg – great bill, but it is hypocritical to support a resolution against trafficking, prostitution and sex acts in massage parlors – it’s been on the table for a year with no action taken – haven’t used ordinances to knock out fraudulent licenses, which are connected to prostitution and a place that was shut down by the Department of Justice – haven’t tasked the Attorney to close it down – should discuss how to tackle the issue in PPB – there is a damming amount of evidence of it going on – haven’t done anything to protect families and kids in PPB  – 3 pages of graphic descriptions show girls being shuttled between massage parlors, which is clear evidence of organized activity, fraudulent massage licenses, temporary ID’s and lewd, graphic, immoral advertisements that go against ordinances – former Borough Attorney said the Borough should do something about it – suggested someone in the audience file an Open Public Records request for the closed session minutes from the time it was discussed – not talking about the business or the name – the licenses were renewed on January 1^st (Councilman Vogel: Statute talks about advertising and licensing – if Councilman Kanitra was passionate about it, he would have been following it – closed session/confidential items were discussed – work was done by Police Chief and prior Borough Attorney – can't create ordinances without enabling State legislation – this is the enabling State legislation) previous Borough Attorney gave a clear path forward to shut this down – have the tools available – have shut down businesses in the past for various reasons – can task the Attorney to shut this business down now – have had that ability for the past year – he wrote an opinion that Council should take action – all agreed there was a problem and that something should be done and nothing got done and it’s a year later (Councilman Vogel: it’s important – should stay on top of the issue) if those on the dais can look the families and kids in town in the eyes and say they’ve known about this for a year and haven’t done anything about it, then go sleep well at night – or do something about it now (Councilman Toohey: brought a legal concern to legal counsel and the Chief of Police in closed session; Mayor Reid: and Prosecutors; Councilman Toohey: not comfortable discussing closed session items on the dais) that’s not what happened – the facts will come out (Mayor Reid: it’s a closed session issue) doesn’t matter that it’s closed session because he is not talking about the specific business and, at some point, it stopped being a closed session issue because it was brought up in last session of this Council, before the new session started and nobody did anything about it, so it’s dead – should actually do something about it now instead of passing feel-good legislation – that’s Council’s job – were elected to protect this town – should be ashamed.
            Lefty Grimes, Bayonne: spoke about item 1hh – police should be more concerned about officers who need medical cannabis – most cops and union guys he spoke to are against it, but some police are for it – they have PTSD, anxiety and stress – sends the wrong message to support job protection for dangerous drugs but not cannabis – also need to address issue of driving – he would be illegal to drive waking up in the morning, with it in his system, even though he is sober.
           

 
Motion by Councilman Toohey to close public participation and approve the items listed below was seconded by Councilman Santanello and carried by roll call vote.
CONSENT RESOLUTION 1:
1a    Approval of Water/Sewer relief requests (3)
1b    Approval of payment to the US Postal Service for prepaid postage ($3K)
1c    Approval of payment to All Covered for renewal of Microsoft Exchange Online license ($4,960)
1d    Approval of pymt to All Covered for crypto ransomware & March IT maint & support ($2,806)
1e    Approval of payment to M. Vespasiano for 2013-18 tax appeals for B109/L 4 & 4.01 ($47,633.71)
1f    Approval of payment to Whitman Construction for release of dumpster bond for 4 Water St ($250)
1g    Approval of salary adjustment for B. McGovern for passage of course leading to certification
1h    Approval of 14 taxi vehicle licenses for Briggs Transportation through 3/19/20
1i    Approval of payment to State of NJ for employee & retiree health benefits ($123,711.83)
1j    Approval of S/E application & S/E fee waiver for PPB Little League Parade, 4/13
1k    Approval of CNJ ESA S/E App for Surf Competition /Beach Clean Up on Maryland Ave, 10/5
1l    Approval of PO to Duke’s Sales & Service for grease liquifier for the W/S Dept ($3K)
1m   Approval of PPB Rec Cmte S/E App for Intercoastal Tug of War across Inlet, 10/12 (rain: 10/13)
1n    Denial of AHEPA Family of Ocean S/E App to sell raffle tickets on Bdwk through the summer
1o    Approval of 2019 Salary Resolution
1p    Approval of payment to T&M Associates from BOA and Developer escrow accounts
1q    Approval of payment to D. Sweet from BOA escrow accounts
1r    Approval of payment of Payroll #6 ($279,333.54)
1s    Authorize full use of NJ Ave parking lot for beach replenishment project, 4/15-6/15
1t     Authorization to issue 20 parking permits to contractor for beach replenishment project
1u    Authorization to execute amendment to T-Mobile lease agreement language.
1v    Appointment of B. Smith to position of P/T Laborer in DPW
1w   Approval of PO to Werks for generator monitoring ($2,175)
1x    Approval of payment to Maxr for 26 replacement trash/recycling containers ($39,854.43)
1y    Approval of payment to Water Works Supply Co for 2019 W/S repair parts ($4,837.50)
1z    Approval of payment to Glenco Supply for new parking signs ($5,440)
1aa  Approval of pymt to RT Davies for hazardous tree removal between PPBLL & VFW ($900)
1bb  Approval of pymt to RT Davies for hazardous tree removal, Pleasure Park & Chicago ($1,360)
1cc  Approval of pymt to Mathis Bros Sewer Drain Cleaning to clear Borough Hall blockage ($1,125)
1dd  Approval of pymt to M. Woszczak for hydrant relocation & storm drain repair on Bdwy ($9,780)
1ee  Approval of 16’ curb cut at 1603 West St & 13’ curb cut at 104 S. Baltimore – PER CMTE RPTS
1ff   Auth use of Council Chambers for non-public weekly dune project meetings–PER CMTE RPTS
1gg  Support of A9313/S3358 to be sent to PPB’s legislative districts & Sen. Smith–PER CMTE RPTS
1hh  Auth for Atty to look into ordinance addressing public rec marijuana use–PER CMTE RPTS
CONSENT RESOLUTION 2:
2a     Approval of payment of computer-generated vouchers ($1,241,299.17)
2b     Approval of Fire Co No1 Ladies Aux request to use adjacent lot to accept parking donations, Sundays, 5/26-9/1 and Memorial Day, July 4 & Labor Day
2c     Approval of PO to National Business Furniture for Police Chief’s office furniture ($3,614.19)
2d     Approval of payment to Motorola for Flex Software End User Training ($59,235)
2e     Authorization for Fire Company No 2 to “junk” the Fire Chief’s Durango, which has no value
VOTE: Councilmen Vogel (1), Cortes, Kanitra, Toohey, Migut (except 2a & 2e),   
                       Santanello (except 1aa & 1bb)….YEA
                                    Councilmen Vogel (2), Migut (2a & 2e), Santanello (1aa & 1bb)
 
ORDINANCES:
 
   Ordinance 2019-04 (Amend Ch X – Parking Meters & Pay Machines) was introduced on first reading. Motion by Councilman Santanello to approve Ordinance 2019-04 on first reading was seconded by Councilman Migut and carried by roll call vote. The second reading will be held on April 2, 2019.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello….YEA

Councilmen Vogel, Toohey and Santanello left the room.
    Ordinance 2019-05 (Amend Ch XXVIII – Hotel & Motel Occupancy Tax) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2019-05 on first reading was seconded by Councilman Cortes and carried by roll call vote. The second reading will be held on                    April 2, 2019.
VOTE: Councilmen Cortes, Kanitra, Migut….YEA
                        Councilmen Vogel, Toohey and Santanello….RECUSED
Councilmen Vogel and Santanello returned.
 

 
Jeffrey Oakes, Oceanport: medical cannabis patient who advocates for medical cannabis – going into surgery April 1st for liver tumor – was cancer-free for 9 months – has patiently waited for marijuana legalization – patients are getting dragged through the mud by Mayor Reid and rhetoric – stigma has slowed improvements to medical folks (Councilman Toohey returned) – an atrocity that folks like him have been stigmatized (Councilman Migut left the room briefly); most have come to understand the medical value of cannabis – hopes smoking cannabis in public would be treated similarly to the way tobacco smoking is – supports ban but doesn't agree with stigmatization – asked Mayor Reid to join them on home growth for medical patients.
Dimitri Fiodorov, Asbury Park: no way to tell if someone is smoking for recreation or medical reasons – plans on planting hemp on the dunes – permits will be release June 1^st, as hemp is legal – will revitalize America – is a cannabis farmer; problem is with immigration and corruption, not massage parlors – human trafficking has nothing to do with licensed massage technicians – have to work locally – Council can make a big difference.
Tom Highton, PPB: spoke about Councilman Kanitra's comments – is absolutely shocked – asked if a letter was sent to the owner to let him know what’s going on in his building (Councilman Kanitra: argued that no action has been taken and encouraged an OPRA request of closed session minutes; Mayor Reid: disagreed; Attorney Zabarsky: the Open Public Meetings Act describes what to do with closed session minutes – suggested the Governing Body move on from discussing anything that occurred in closed session – suggested Councilman Kanitra bring concern about illegal activity to the Police Chief and law enforcement to pursue an investigation).
Dave Cavagnaro: thanked BA/CFO Riehl for working out payment from JCP&L for lights out – asked when lights in the parking lot will be fixed; thanked Mayor Reid for Senior Luncheon with PPBHS Senior Class.
Councilman Vogel: confirmed that the Fire Official’s concerns will be addressed with regard to item 1m (Mayor Reid stepped out briefly).
Marilyn Burke, PPB: thanked Councilman Santanello for his informative weekly announcement.
Charles Kwiatkowski, Hazlet: uses medical marijuana for MS – opposes recreational use – supports lounges for medical use in public – would be good tax revenue.
Vince Castin, PPB: asked about modifying Inlet restroom hours.
Jeffrey King, Eatontown: encouraged the Governing Body to be tough on crime by taking marijuana off the streets through legalization – spoke in favor of legalization – disproportionate arrests of people of color shouldn’t be exacerbated – favors responsible adult use – objects to the label of recreational – he uses cannabis to connect with his feelings and issues in a spiritual way (Mayor Reid returned) – should not infringe upon his rights to practice his religion in the way that he wants – favors home growing – quoted Langston Hughes.
Mike Vintzileos, Brick: thanked Mayor Reid – is a medical patient – struggles with opiate addiction – opposes recreational but supports medical use – believes all use is medical – Mayor Reid motivated him with his rhetoric to speak against stigmatization – is pharmaceutical-free – gave Mayor Reid a t-shirt; volunteered to paint the reindeer; reiterated his suggestion about employing cross walkers on Ocean Ave.
Lefty Grimes, Bayonne: towns are banning medical marijuana – have to clean up after what Mayor Reid said – anyone who has taken RAMP money is in trouble; sang a song, "You Can't Get No Weed Here."
Rich Moroski, Spotswood:  has MS and is a medical cannabis activist – been treating himself with cannabis for more than 20 years – reprehensible to fight against it – is angry – it’s a matter of semantics between medical and adult responsible recreational use – he will suffer from Mayor Reid’s actions.
 

 
Motion to adjourn by Councilman Migut was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 8:50PM.