Borough of Point Pleasant Beach Council Meeting Minutes
Mayor Reid called the meeting to order at 7:32PM. Present were Councilmen Cortes, Kanitra, Toohey, Migut and Santanello. Councilman Vogel 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 Toohey to approve the March 6, 2018 Council meeting minutes was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut, Santanello ….YEA
Councilman Vogel….ABSENT
PROCLAMATIONS:
Mayor Reid presented a proclamation to Matthew Willbergh, Branch Manager-Point Pleasant Beach, Ocean County Library, in recognition of National Library Week and Mr. Willbergh spoke briefly about what the library has to offer, including an upcoming appearance by the Captain of the AJ Meerwald, New Jersey’s tall ship.
Due to the impending storm, no member of the Woman’s Club of Lacey was present to receive the Mayor’s proclamation for National Donate Life Month (will be mailed to them).
DEPARTMENT HEAD MEMOS:
Councilman Cortes: discussed curb cut requests at 108 Sanborn Avenue and 411 Carter Avenue – will lose one parking space around 411 Carter, but agreed with ZO Petrillo’s recommendation to approve both at 13 feet – APPROVALS ADDED AS ITMS 1FF-1&2, RESPECTIVELY.
COMMITTEE REPORTS:
Councilman Cortes: Beautification Committee is gearing up for the boat race and summer – ordering flowers and flags; are awarding a vendor for the bath house/concession lease; lake dredging has been delayed due to weather; had water tested – positive for E.coli – will re-test for detergents – Engineer Savacool will reach out to DOT to televise the pipes; Shade Tree Commission is concerned about trees being removed on Chicago Ave. – Engineer can probably get the contractor to replant them; Maser will start Seymour Ave. within the next 10 days; DOT is doing Forman Ave., March 30-April 9, weather permitting, and there is a new traffic pattern one-way east from Rte. 35N to St. Louis – will try to switch the intersection around at St. Louis and Forman – will be blocked off for that week, but accommodations will be made for St. Peter’s and Easter (BA/CFO Riehl: DOT has 2 sets of plans – one has St. Louis being a through street and another has a 3-way stop – will have to decide which one they want; Chief Michigan: recommends 3-way stop; Councilman Santanello: asked if Borough can express its preference; Attorney Riordan: yes); NJNG is doing work on Washington between St. Louis and Chicago, so there is a detour there; USA Network is lobbying to override local and State laws regarding 5G (Attorney Riordan: working on a regulation ordinance – won’t be able to ban them forever – will have a draft available shortly; Councilman Kanitra: Spring Lake has some, if not all, components of Verizon’s wireless nodes housed in their cobra head lights on the Boardwalk; Mayor Reid: the whole barrier island and every mayor he has spoken to is fighting against the nodes – PPB will not approve it – will go to court (Attorney Riordan: advises fighting as long as possible, then taking the best regulatory position when the fight is over; Mayor Reid: just going to have to fight it – not going to put up with it; Councilman Toohey: doesn’t like the fact that a business entity is regulated like a utility and shoved down local municipalities’ throats).
Councilman Kanitra: Environmental Commission is looking to do a calendar like the Boro’s, with information on collection dates, dog licenses, recreation, the library and fire department, etc. – advertising would pay for it – Borough would just have to help supplement the Commission budget for the mailing – will come back when he has an idea of mailing costs; had a 3-hour meeting regarding Sea Amaranth, an endangered species growing near the Risden’s snow fencing – State is developing a plan to try and save it, tying it into the dunes – they asked if PPB would let them plant it on the Maryland Ave. Beach – with the ACOE project, dunes will be 10′ higher than what is currently in front of Risden’s and higher going south – if Borough is willing to work with them, they will work on making the Maryland Ave. Beach and that access a bit nicer; met with DPW Super. Trout about putting stickers on trash and recycling cans that contain material that can’t be picked up (will move to next meeting’s agenda) he will field any calls from residents – PPB’s recycling rate is only 50% – people are co-mingling too much (Councilman Toohey: that is a significant financial burden); he can order more “No Smoking” signs, if needed; the adopted Comcast ordinance was rejected by Comcast and they are now going to the State – concerned about negotiated components, like the public access channel (Councilman Cortes: he asked BA/CFO Riehl to follow-up with Rob Clifton on this; BA/CFO Riehl: e-mailed Rob Clifton, asking him to confirm that the issues he shared prior to adoption are still current and if there are any other concerns – has not yet responded; Attorney Riordan: these concerns were all made known ahead of time and he told the Governing Body this was going to happen – is confused by the consternation; Councilman Santanello: were expecting it) thought that Comcast had wanted it one way and Attorney Riordan’s opinion that there were redundancies within the language and some language was unnecessary and that’s why the Borough’s version was passed (Attorney Riordan: this is part of it and the other thing he talked about was the indemnification) seems like the advice the Governing Body got was to pass it, regardless of what Comcast wants (Attorney Riordan: it is still his advice that what Comcast asked for is not in the best interest of the Borough; Councilman Santanello: was kind of a protest vote; Attorney Riordan: things that Comcast was complaining about have nothing to do with things Council is interested in, such as the public access channel – can’t see why that would even be an issue; Councilman Toohey: asked, if it’s not in the petition, if it’s not up for debate; Attorney Riordan: BPU rules are much more lenient than a court’s – believes this is mostly about the indemnification language; Councilman Toohey: asked if it is within BPU’s purview to strike the whole thing; Attorney Riordan: doesn’t believe so); JCPL is looking to see if there are any faults within Parkway – can replace all lights, at no cost, with newer versions of the same ones that are currently there – after the paving, they can drill under the road, without tearing it up – confirmed that all were ok with that.
Councilman Toohey: gave credit for the Municipal Budget to BA/CFO Riehl – Community Disaster Loan is coming up – in keeping the reserve for uncollected taxes and anticipated revenues low, hopes to regenerate enough surplus that the 2019 budget year doesn’t turn into a massive tax hike – the municipal share of the budget represents is a $2.75/month increase for an average household valued at $554K – without some tax increase, the roads won’t get paved, Loughran Point won’t get done, and won’t be able to put an SRO and 2 Special Officers in the schools – doing some things that are sorely needed in a fiscally responsible manner – as he learned from former Councilman Mayer, the financial stability of PPB rests in the ability to regenerate surplus; Loughran Point is leveled and ready to go – second reading on the Bond Ordinance tonight clears up the money for it (Councilman Cortes: asked if cement was poured behind the wall; BA/CFO Riehl: ACOE will pour the concrete walkway) must be sure it gets done before things start rolling.
Councilman Migut: Animal Welfare Committee fundraiser is April 29th at The Ark – would like a 10-year proclamation at the next meeting and the principals from the Committee to be invited; awaiting application for the next Planning Board meeting for an ATM at the parking lot by Dollar General.
Councilman Santanello: Father Bob, at St. Peter’s, applied for a grant and received $75/student to pay for a Special Officer in their school, so there is no burden to the taxpayers; Chief Michigan attended a Police Chief Executive Leadership Course – other recent training includes Advanced DWI Detection and Standard Field Sobriety Test, Canine In Service for Patrol and Scent Work, Pepper Spray Instructor and SWAT – recent police activity includes arrests for DWI and terroristic threats after domestic dispute – community policing activities include U Drive. U Text U Pay. distracted driver crackdown in April (Chief Michigan: Dr. & Mrs. DePaco, who previously donated police dogs, is giving another $10K for canine equipment, training aids, etc. – he is a friend to police, this town and law enforcement – will be inviting him to the next meeting – working on a proclamation) police camp for 5th-8th graders will be held July 23-27, coordinated by Officer O’Neill – a license plate reader was recently installed in the new patrol vehicle – already successful – wished all a Happy Easter on behalf of the Chief and Department.
Mayor Reid: dune replenishment meeting was today – worked out well for PPB, as it shouldn’t start until late August or, most likely, September, from south to north – waiting for County to extend the outflow into the ocean; Thursday night concerts will start June 28th and run through August – will have bands every Thursday, with younger bands before them and fireworks at 9PM – invited businesses to donate; having problems drying out the dredging material in Silver Lake lot due to weather – hoping a section will be opened by Easter – if can’t have boats there for the race, will have them in the train station lot – will need electricity and water – need to discuss; the Bike Share program will start late April/early May – town businesses want to advertise on the 70 bikes around town; met with the Executive Director of the AJ Meerwald, which will be docked at the Shrimp Box June 20-25 (Councilman Kanitra: stepped out briefly); been speaking to BA/CFO Riehl and the Chamber about reducing plastic bags – will provide options – reusable or paper bags, etc.; been talking about a dog park – will share a rendering at the next meeting – will be inexpensive – another piece of quality of life and a nice part of the community.
BA/CFO Riehl: last year, received notice from Green Acres to update Open Space and Recreation Plan to continue to be eligible for funding – they have accepted the updates – she sent updates to the ROSI as well – will get the $350K that’s left for the bath house (Mayor Reid: thanked her for hard work); a purchase order for the Reported app was approved at the last meeting – met with the company regarding implementation for the Police, Building and Public Works departments and the Mayor – app can be downloaded to phones – an anonymous avenue to contact the town about concerns and problems – fairly easy to use – can set up an automatic response – can link to the Beach app (Mayor Reid: spoke to him today – he lives in town; Chief Michigan: made it specifically clear that it is not for 9-1-1 emergencies).
The Clerk announced additions/deletion to the agenda.
PUBLIC PARTICIPATION BEGAN AT 8:33PM.
John Van Breemen, John & Elaine’s Restaurant, PPB: spoke against food trucks – said they hurt local businesses and loyal employees – they have invested nothing in the Borough and there is an ordinance against them – also doesn’t think it’s wise to put food next to bathrooms – daughter will be taking over the Food Shack at Ken’s Landing, opening at 6AM for breakfast, lunch and takeout.
Dave Cavagnaro, PPB: asked about the rent and renter in item 1z – asked that new tenant not encroach on right-of-way; asked about contract price of 1dd (Councilman Migut: asked BA/CFO Riehl to look into putting a soda machine at the Inlet bathrooms).
PUBLIC PARTICIPATION ENDED AT 8:51PM.
Councilman Cortes: asked Chief about item 2j – if 10 parking enforcement officers is enough.
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 Rec Cmte Town Bonfire-Locals Summer on Maryland Ave Beach 9/8 (rain: 9/9)
1b Approval of payment of Payroll #6 ($236,026.57)
1c Appointment of M. McGee, PPB, to a 2-year term as an alternate member of the BOA
1d Approval of pymt of Pay Cert 2 to Albert Marine for Little Silver Lake Dredging ($170,002.66)
1e Approval of PO to PPB Public Education Fdn for full-page ad in HOF Dinner Ad Journal ($100)
1f Approval of pymt to Ryan Tax Compliance Svcs for tax refund/wrong acct ($7,795.25)
1g Approval of payment to Devo & Assoc for parking meter repair ($5,291.36 – insurance reimb.)
1h Approval of payment to the PPB Parking Authority for 2018 partial allocation ($15K)
1i Approval of PO & payment to Hudson County Motors for garbage truck repair parts ($8,484.32)
1j Approval of release of tree bond to C. Blinn for 215 Niblick St
1k Authorization to advertise & conduct spring hydrant flushing
1l Approval of payment to Galvin Law Firm from Pl Bd & BOA escrow accounts
1m Approval of payment to D. Sweet from BOA escrow account
1n Approval of payment to T&M Assoc from Pl Bd & BOA escrow accounts
1o DENIAL of National MS Society request for street closure during Bike MS event on 5/19
1p Approval of Recreation Summer Park Program fees
1q Approval of PO to F&C Auto Supply for DPW auto parts ($6K)
1r Approval of payment to Milspray for coating of 2 sanitation trucks ($13,672)
1s Approval of payment to J. Van Schoick for utility & drainage easement ($6,300)
1t Approval of payment to M. Woszczak for Sea Ave water main repair ($14,642.44)
1u REMOVED
1v Amendment to Resolution 2018-0308/1w to include start dates
1w Approval of 3 W/S relief requests
1x Approval of payment to OC Treasurer for 2nd Q tax levy ($2,153,680.32)
1y Approval of release of dewatering bond for 51 Harvard Ave
1z Authorization to award operation of NJ Ave Bath House/Concession Stand to G. Coulter, The Food Shack, LLC/enter lease agreement, subject to attorney review
1aa Approval of Elks ABC Social Affair Permit application for Fluke Tournament, 7/20 & 7/21
1bb Approval of S/E application & S/E fee waiver for PPB Little League Parade, 4/14 (rain: 4/21)
1cc Auth to solicit bids for Improvements to Little League & Bay Ave parking lots/Repairs to Liberty Ln
1dd Auth to award contract to K. Scibilia for Community Forestry Management Plan
1ee Approval of salary adjustment for C. Glass for passage of course leading to certification
1ff Approval of 13-foot curb cut requests at 108 Sanborn & 411 Carter, per ZO’s recommendations – ADDED PER DEPT HEAD MEMOS
CONSENT RESOLUTION 2:
2a Approval of payment of computer-generated vouchers ($1,387,838.74)
2b Approval of payment of hand checks ($1,817,531.86)
2c Approval of pymt to Motorola for mobile/portable police radios ($74,885.16)
2d Approval of PO to Quill Corp for 2018 police supplies ($3K)
2e Approval of PO to Downs Ford for 2018 police car parts ($6K)
2f Support for 2018 U Drive. U Text. U Pay. Distracted Driving Crackdown, 4/1-4/21
2g Approval of pymt to McCarthy Contracting for renovation of W/S storage meter room ($4,793)
2h Approval of payment to All Time Auto Body for police vehicle repair ($8,179.73- ins. reimb.)
2i Approval of pymt to L3 Mobile-Vision for police car video maintenance/access agreements ($3,529)
2j Appointment of 10 Parking Enforcement Officers
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut and Santanello….YEA
Councilman Vogel….ABSENT
Per Borough Attorney, assume usual abstentions on item 2a & 2b with which Council has conflicts.
ORDINANCE:
Ordinance 2018-02 (Loughran Point Improvements) was considered on second reading. Mayor Reid opened the public hearing.
Dave Cavagnaro, PPB: asked if there will be a walkway at the Inlet (Mayor Reid: 4′-6′ of cement; Councilman Cortes: along new bulkhead to concrete wall; BA/CFO Riehl: with a tie-in and no gap) Mr. Gagnon worked on this years ago with some residents – some sections of the jetty are cemented over so it’s easy to walk on – asked the Governing Body to look into the plan for the rest of it (Councilman Toohey: Asbury Park and Manasquan have that – will reach out to Congressman Smith’s office to see if they are still receptive) asked if the Boardwalk could be tied to the jetty (Councilman Cortes: would have to be a barrier; Mayor Reid: not owned by borough or ACOE).
Motion by Councilman Migut to close the public hearing and adopt Ordinance 2018-02 was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut and Santanello….YEA
Councilman Vogel….ABSENT
Ordinance 2018-03 (Cap Bank) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2018-03 on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on April 17, 2018.
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut and Santanello….YEA
Councilman Vogel….ABSENT
Attorney Riordan: Borough Engineer and Construction Code Official worked hard on 23-page Ordinance 2018-04.
Ordinance 2018-04 (FEMA NFIP/Flood Damage Prevention) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2018-04 on first reading was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on April 17, 2018.
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut and Santanello….YEA
Councilman Vogel….ABSENT
Councilman Toohey: asked if Ordinance 2018-05 is in perpetuity, after construction, coming from the DOT (BA/CFO: DOT and Transit) – concerned that people weren’t notified prior to the introduction – confirmed that one-way is only from St. Louis to Rte. 35 (BA/CFO Riehl: residents will be notified of the new traffic pattern; Councilman Cortes: thought that New Jersey Ave. would be done simultaneously; BA/CFO Riehl: DOT representatives said they had nothing to do with the traffic light on New Jersey Ave.; Mayor Reid: was told by the DOT and the previous Chief that there are a lot of accidents there – that’s how this all came up; Councilman Cortes: thinks that installing traffic lights is NJ Transit’s way of safeguarding these crossings; Attorney Riordan: Governing Body has the power to regulate streets, but there will be consequences from DOT if Governing Body changes it back).
Ordinance 2018-05 (Forman Ave. One-Way) was introduced on first reading. Motion by Councilman Cortes to approve Ordinance 2018-05 on first reading was seconded by Councilman Kanitra and carried by roll call vote. The public hearing will be held on April 17, 2018.
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut and Santanello….YEA
Councilman Vogel….ABSENT
Motion by Councilman Toohey to approve the items listed below was seconded by Councilman Santanello and carried by roll call vote:
CONSENT RESOLUTION 3:
3a Resolution to defer $5,979,327.00 school taxes
3b Certification of compliance with US EEOC’s Enforcement Guidance
3c Introduction of 2018 Municipal Budget
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut and Santanello….YEA
Councilman Vogel….ABSENT
PUBLIC PARTICIPATION BEGAN AT 9:03PM
Dave Cavagnaro, PPB: thanked the Mayor for intervening to make the senior luncheon at the Lobster Shanty possible; asked if dredging will be going on tomorrow and if Borough Hall will be closed – should close to protect employees; asked if people can park on street after 6PM during Parkway improvements.
PUBLIC PARTICIPATION ENDED AT 9:06PM
Motion to adjourn by Councilman Migut was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 9:06PM.
ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk
