Borough of Point Pleasant Beach Council Meeting Minutes
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 7:34PM. Present were Councilmen Vogel, Cortes, Kanitra, Toohey and Migut. Councilman Santanello 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 Migut to approve the May 7, 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….ABSENT
COMMITTEE REPORTS:
Councilman Vogel: looking to get the Municipal Alliance Committee running again – on June 10th a free program will be presented by Preferred Behavioral Health Group – Social Media and Screen Time, The Impact on Children’s Mental Health – for parents, tweens and up – May is Mental Health Awareness Month – striving to get more education and information out; Code Enforcement Officer will be working weekends with follow up on Monday mornings – encouraged all to report things that aren't right, using the non-emergency number – need to pay in advance for bulk item pick-up or drop-off –Department is meeting in early June about the Special Event approval process – Fire Safety Code requires additional planning and paperwork – Fire Official is doing a good job of informing people of what is going on; Shade Tree Commission finished the mulch project – thanked volunteer Dave Smith – almost ready to send hazardous tree letter; Memorial Day Bike Parade and service is this weekend – Governing Body will present a wreath to recognize those killed in action – been working with the Historical Society, PPBHS, VFW and others to recognized everyone from PPB, PPBHS graduates and those who registered for the draft in PPB during WWI; congratulated Brielle on its 100th Anniversary.
Councilman Cortes: on behalf of the Beautification Committee, thanked Council for approving the used bucket truck purchase – he and Committee Chair Mecca put flags downtown – volunteers have been planting flowers in the barrels, in preparation of the holiday; Sea Coast Oil building is finally down – can start moving forward; County corrected the constant flooding at Chicago & Broadway; Board Secretary Mills' new office is complete – working on Court offices, as they are being brought back from Point Pleasant; last Sunday, noticed more graffiti on the Inlet wall near Harborhead – BA/CFO Riehl has pictures; received an email from Trenton Ave. resident about Little Silver Lake – not enough water is creating dirt and sediment, preventing the launch of a canoe or kayak – spoke to Borough Engineer – new flood gates were put in – will try to find a happy medium; gave Police report in Councilman Santanello’s absence – June 25-26 & July 29-August 2 is the Police Youth Camp for 6th-8th graders – Cpt. O’Neill will coordinate the events – applications were sent to Antrim School and are available at Police Headquarters – they are due by June 3rd – participating in the national Click It or Ticket crackdown on unbuckled motorists and passengers through June 2nd – PPB will be fully staffed with officers over Memorial Day weekend, with no vacations or personal time – Capt. Duffy, Lt. Quaglia and Chief Michigan will be working to ensure operations run smoothly – wished all a Safe and Enjoyable Memorial Day Weekend; announced that he became a great grandfather last month.
Councilman Kanitra: there is $50K in a bond ordinance on the agenda – has been discussion about moving the Historical Museum out of the Municipal Building and into a trailer on Cooks Ln. – Historical Preservation Committee hopes they won’t be moved until the Coast Guard Station is acquired – should think long-term about the Sea Coast Oil property, making it work for the community and the Borough; was contacted by New York Ave. residents last week about significant erosion from a very minor nor’easter since the beach replenishment/dune project – raises questions about the project’s long-term durability – went out with the Elizabeth Carter Beach Assoc. this morning – extremely concerned – desperate that the project be extended south of Washington, so they can get the 100-170 feet of berm they were promised from ACOE – Association believes that bulldozers pushing up sand to form the dune has lowered the beach, exacerbating the problem – asked BA/CFO Riehl to relay that – reached out to Congressman Smith’s and Senator Holzapfel’s offices this morning; Rte. 35 bridge bump needs to be addressed; Arts Committee’s Bike-In Movie Theater is May 31st at Antrim football stadium – can park bikes, sit in the stands and watch a great movie – a DeLorean will be there for kids to look at; asked Environmental Commission representatives to relay discussion about educational recycling stickers.
Carolyn Mulkeen & Patricia Villani, PPB Environmental Commission: spoke many times about developing an educational sticker – heard Council came up with their own sticker – spent months developing what they wanted (Councilman Toohey: asked if it was presented to them that Council had made a decision) should use one that is used throughout the County – people want to recycle correctly (Mayor Reid: Governing Body agrees; Councilman Kanitra: Council discussed putting the County sticker on every can and the Commission’s appetite for that) concerned that if it's removable, it will be lost and of no value (Mayor Reid: agrees – that’s why they discussed something bigger – don’t have to reinvent the wheel – sticker doesn't have to come off – have sent out 3 letters in last 1½ years – asked how many stickers are needed) about 200 (BA/CFO Riehl: would need about 4,000; Councilman Kanitra: thinks putting them on every can is intrusive, especially if not removable; Mayor Reid: don’t want to single anyone out – will have to come up with money; Councilman Vogel: issue with rental properties) Commission will put them on municipal cans – removable or not – just want the information out there.
Councilman Toohey: recognized that most Police are family guys and thanked them for their sacrifice with no vacation or personal days this weekend; complimented BA/CFO Riehl on the beautiful, touching Fisherman's Memorial Ceremony at Loughran Point –great to see the families; would like to meet with Open Space and the Lake Louise Assoc. regarding misinformation about Boston Ave. access – asked BA/CFO Riehl for Council chamber availability during the week of May 27th or June 3rd @6:30PM – will share date with Governing Body members, but must watch out for a quorum.
Councilman Migut: earlier this year, he solicited resident input on street repaving – received an email from a resident who is disappointed that Holly Ave. didn't make the cut (BA/CFO Riehl: it is included in the bond ordinance) he will let them know.
Mayor Reid: BA/CFO Riehl put on an amazing event at the Fisherman's Memorial – spoke with a lot of families – lot of great stories – looks great, thanks to the work of the Open Space Committee and Councilman Toohey – it’s a high honor when people go there to visit their loved ones – couldn’t believe how many people were there; asked Chief Michigan to ensure people stay off the dunes this weekend, as fences are not yet up; along with Councilman Kanitra, has met with the Elizabeth Carter Assoc. and residents over the last week – been working closely with Congressman Smith’s office, DEP and ACOE – they will come back to fix what nature took away – asked Engineer Savacool to keep everyone informed.
Engineer Savacool: been attending monthly partner and weekly progress meetings– immediately after beach fill, concerns were raised about the lack of beach berm – beach seemed to disappear after last week’s nor’easter – Congressman Smith’s office is taking it seriously, with a representative at last Monday’s partner meeting indicating there was a discussion about a remobilization by the ACOE – new surveys have been taken of the PPB dune area to get an idea of where sand went and how much would be put back – looking positive (Councilman Toohey: asked if dune was built to the design template – there is an area, north of New Jersey Ave., where existing beach exceeds the template) the indication is that they built to the design template (Mayor Reid: thinks they did only part of what they were supposed to do – has seen how wide other town’s beaches are – PPB is not even close and gets those nor’easters all the time – about 100 people/day go to Carter Ave. – will have to push hard) they are at Maryland Ave. today – anticipated completion date is June 20th in Bay Head – anticipate that they would then demobilize and come back to PPB (Councilman Toohey: asked if post-fill surveys have been done in PPB and what the ACOE said) is not what they intimated would be provided (Mayor Reid: they reported that they pumped a certain amount of sand, but that doesn’t mean they filled it to where it was supposed to be; Councilman Kanitra: asked why Lavallette has so much beach, even though they were hit with the same nor’easter; Mayor Reid: same in Ortley, Seaside Heights and Seaside Park; Councilman Cortes: asked, when finished in PPB, where the pipe would be dropped) hasn’t been told (Mayor Reid: lot of residents are rightfully concerned – will continue fighting and keeping communication open – asked Engineer Savacool to keep on top of them every day and be the squeaky wheel – thinks purse strings have loosened a bit).
Saturday’s Memorial Day Bike Parade is at 10AM followed by memorial – will be bigger and better than ever (Councilman Vogel: will recognize all from PPB – pointed out the WWI flag in the Council chamber – Historical Society has a wealth of information – Leader editor kept files from everyone in the Service who wrote him including pictures, postcards and stories – there is a Gold Star plaque at PPBHS for those from the sending district killed in WWII – 3 were killed in Vietnam – will read names and as much information as they can find on Saturday – PPBHS and a member of the Fire Company will read the names – objective is to bring it home for students) looking forward to it; asked when Johnson & Johnson is coming to weed (Councilman Cortes: June 6th – he’ll be with them) asked when planting will take place (Carol Vaccaro: after weeding) thanked Chamber for $1K donation for downtown plants; Boat Race is Father's Day weekend; looking forward to hearing from Elks and security people in attendance.
BA/CFO Riehl: happy that Ocean County fixed the drain at 146 Ocean Ave. – corresponded for 5-6 years on that; water meter letters went out with water bills – people must call the contractor at the number on the form to make appointments – Water/Sewer Clerk Brown will refer people to the contractor if they call Borough Hall; received an agreement from JCP&L for damaged street poles in Silver Lake Lot – executed it and sent it back (Councilman Cortes: asked her to send a letter to Ocean County to get the light on Ocean and Arnold Aves. automatically cycled; Councilman Vogel: as the 75th anniversary of D-Day, approaches, recognized Staff Sgt. William E. Boyd, from PPB, who was involved as a Ranger in the Normandy invasion, along with Bud Lomell, who also served in that capacity).
The Municipal Clerk added items to the agenda.
PULIC PARTICIPATION BEGAN AT 8:17PM
Chief Michigan: read a prepared statement in defense of his position to deny the Elks application to hold their Elks Fest event on the same day as the Seafood Festival – primary objective is to protect and ensure residents’ and visitors’ safety – decision is based on 24 years in law enforcement dealing with public safety and on the reservations of his predecessors – not his job to decide things based on popular consensus, emotions or political influence, but to assess risk and make choices accordingly – noted increasing crowd sizes and the 2016 terrorist attack in Seaside Park, which resulted in the evacuation of the Seafood Festival and Oktoberfest – PPB is a prime target for attacks – met with Chamber and Borough officials about moving the Seafood Festival or reconfiguring the layout to minimize risk – forced to rethink strategies – officers from other agencies were brought in to assist – detectives from the Ocean County Prosecutors Office and NJ Office of Homeland Security are in attendance to bring credibility and an unbiased assessment some feel he is unable to provide – many more have assisted and continue to – most people, especially politicians, don’t know what goes into planning and coordinating mass gatherings and special events – spoke with Elks last week and expressed regret about use of the event as a political issue– positive conversation, based on mutual respect – pledged assistance with future events or moving this one to another date and wished them future success – earlier this year, Council unanimously supported the Police recommendation to reconfigure the Festival layout, with the understanding that changes addressed the Festival only – values tradition and celebration of community, but traditions cannot be followed blindly – must consider changing environment and not lose sight of most important goals (Mayor Reid: thanked him – well said – invited anyone else to speak; Councilman Migut: asked what time the Festival was cancelled in 2016; Mayor Reid: got the call from Homeland Security and Chief O’Hara, suggesting the Festival be shut down, at 11:45AM – were worried about PPB because the dogs and other assets were in Seaside – Chamber thought a lot of people would be upset, but no one even asked for a refund – evacuation planning worked well – was told hundreds would have been maimed or killed –– when he and the Chief talk about safety, they mean it – not politics – invited the public to speak).
Anne Marie O'Hare, Treasurer, Point Pleasant Elks: Elks is not a political organization – not supporting any candidate or taking a stand on current issues – decided to apply for Elks Fest, formerly Oktoberfest, due to tradition of being part of the Seafood Festival – grateful to Point Pleasant for being welcoming and helpful, but PPB is their home – 20+ years ago, the Chamber asked them to be part of the Festival – now that the Festival is growing, they are being seen as separate and asked to step out – Elks have always hosted a successful and profitable beer garden – for the last 2 years, Chamber requested a wine and beer garden in their application – Elks application was filed April 9th – identical to the one filed the last couple of years – waited 42 days for the outcome – Chamber filed their application February 12th and it was approved by Council February 19th – 27 days for an event 10x the size of theirs – asked why Council was willing to work with the Chamber but not the Elks – she and her husband, Bob Byrnes had a good conversation with Chief Michigan – has been no incident cited on their grounds – appreciates how hard it must be to coordinate security for this type of event, but resources were found for the Chamber – Elks has been a member of the PPB community for 75 years and has given back in time and dollars – fraternal organization – asked Council to think carefully – commerce should not come before community (Councilman Migut: if denied, asked if last year's venue would be available to them) it may – had a successful event there but it's a lot more work – wanted to hear what PPB had to say first (Councilman Vogel: same event as last year, so concerns remain the same – Elks will receive correspondence from Fire Official Martin regarding fire code changes – if application is the same, there are the same issues; Councilman Kanitra: last year, Elks made some type of concession; Councilman Migut: had spoken with former Mayor Barrella. Elks spokesman, about restricting beer sales to 3 servings/customer – was discussed with the Chief; Councilman Kanitra: asked if they would be open to concession) want to work with the town (Mayor Reid: not about liquor but the amount of people and safety) according to the newspaper, there were 60,000 people on the street last year – people come to the Elks for respite – couple thousand people over the day, but only maybe 600 at a time (Councilman Vogel: changes made to Seafood Festival were not at the Chamber's request) respects the Chamber but wants the Elks respected as well (Vincent Barrella: clarified that he was not a spokesman for the Elks – was acting as an intermediary).
Shannon Godwin, PPB/Point Lobster: has no position on the Elks, but hats off to the Chief and Police – in 2016, was responsible for 27 kids in her booth on the corner of Bay and Arnold –– Homeland Security and Police evacuated them safely – amazing – everyone wants tradition – doesn’t think evacuation would be as safe and calm in 2019 – press exaggerates everything – no way there were 60,000 people – supports the Elks, but backs Police decisions (Councilman Kanitra: asked her, as a business that benefits from the Festival, if she'd be open to moving it and if there is a point where it should be reduced in scope) yes – cited Belmar having to shut down their festival because of crowds – been conversations long before this reconfiguration – don’t want people thinking PPB is a threat – step in positive direction.
Vince Castin, PPB: life member of the Elks – benevolent organization gives back to this town – agrees with security aspect – Elks is an integral part of community – doesn't believe they would create an additional hazard – Council should consider returning Elks Fest to PPB.
Vincent Barrella, PPB: Recycle Coach App company will front the cost of recycling stickers; asked if everyone knew former Councilwoman Walsh passed away – great lady; spoke with Councilman Migut as someone who was Mayor for 8 years and worked with 2 excellent Police Chiefs, DePolo and O'Hara – never had problems – heard discussions about 2016 being a watershed event and the woman from Point Lobster fearing for her life – Oktoberfest didn't put her in any more danger than she would have been in without it – problem is not Oktoberfest or the Elks, it's the Seafood Festival as a whole – shouldn’t penalize one facet of the community and reward another – suggested taking away the wine garden, an add on in the last 10 years, and using those Police resources at the Elks – doesn't recall discussions about removing Oktoberfest from previous Chiefs – if there are such memos, asked that they be released – when someone whose budget depends on the good grace of Mayor and Council states that a decision is not political, he wonders whether it was – understands there are a lot of people at the Festival and Oktoberfest – relayed a private conversation he had with Councilman Toohey, who was upset that a beer was spilled on his son (Councilman Toohey: trying to use that conversation to paint his decision and that was not his rationale) every Chief managed to handle this – wants to hear from security officers why the Elks Fest is an issue – unless the idea is to eventually get the beer garden for the Chamber, put the food in a central location and reward a private entity – Mayor said last year that people were leaving the Elks with alcohol and that he wouldn’t reconsider the application because he (Barrella) was the one asking for it – has to be a way to make this work – spending a lot of money on Police services – Boardwalk is the softest target – asked how Jenkinson’s and Martell’s can be allowed to operate as they do (Councilman Cortes: argument is that Elks Fest needs to be same day as Seafood Festival) as an Elks member who has cooked there since 1997, it’s important to have it the same day because the Festival attracts crowds – doesn’t believe Elks attracts people – got people last year because of sympathy and great weather – Elks are dedicated and will do what they have to make the event work – 75-year-old men are lugging stuff – there is more of a chance of a heart attack than a bomb – hypocrisy (Councilman Cortes: mainly it's Elks members at the Oktoberfest – a local gathering – suggested having it on a different weekend) from a financial standpoint, makes sense to have them at the same time – suggested town pass an ordinance holding the Elks harmless and writing them a check for their losses if they hold their event on a different day.
Anne Marie O’Hare: people come to the Elks to get away from the crowd (Councilman Cortes: some feedback he got last year was that people didn’t have to traverse the crowd to get to the Elks event).
Councilman Vogel: suggested this item be carved out for separate consideration.
Detective Bill Malast, Ocean County Prosecutor’s Office: they are not political people – hats off to all for the job they’re doing – will be starting support on Memorial Day weekend – Chief’s comfort zone and feel for his town is important – Chief got a $100K grant for vehicle ramming barricades – if Homeland Security didn’t think it was important, they wouldn’t have offered it – police work has changed over the years – have to stay ahead of people – mitigation is the main thing – not voicing an opinion – they want to prevent things and saturate the crowd as best they can – to get people out of town, Chief has to know what's in place – reviewed Chief's operation plan – there are 12 agencies /6 on a Memorial Day weekend supporting him – Chief has no ego – he voices an opinion, appreciates the assistance and his love for PPB is very important – does a lot that people don’t realize – assumes Council looked at him as a compassionate guy who puts himself second when selecting him as Chief – vehicle ramming, IED devices in backpacks and active shooter situations are unbelievable – had about 87 suspicious activity reports last year – are above that this year – asked what would happen if there was a flash party, as in Seaside last year, on the day of the Seafood Festival and how mutual aid would cover things outside the comfort zone – together with State Police, they do intel, project overwatch, social media monitoring – don't want people coming with an aim to cause trouble – caught a guy at Boston and Central Aves. last year – if something happens in PPB, Chief is the incident commander – they support him with operations (Mayor Reid: said thank you from a grateful town).
Mayor Reid invited the public to speak about Carter Ave. and the dune project.
Kim Frankiewicz, Elizabeth-Carter Association: thanked Councilman Kanitra and Mayor Reid for quickly responding to them and coming to see what they’ve been left with (Councilman Migut stepped out briefly) wants the rest of Council to know, and to be on the record – sent letter with exhibits – were assured they’d be left with about 180 feet of beach, from south end of dune to the water – were left with a fraction of that – material misrepresentation – about 40 feet of beach at low tide right now, 20 feet at high tide – during the weekend storm, water came up and covered a portion of the dune – don't want to be left out to dry when workers come back to fix New Jersey to Washington Aves. – supply 900 plus seasonal badges – unable to continue running the association as they have, if not fixed, as they won’t have the same number of people – beach is useless at high tide – asked Governing Body to fight for them and other homeowners as well as for businesses – never had the 180 feet of beach that was promised.
Paul Ippolito, Driftwood Motel: never saw beach built up at motel after dune was put up – doesn't know where customers will go for Memorial Day – no room at high tide – views are blocked – lifeguard stand gets hit at high tide (Mayor Reid: were promised what is at Osborne in Bay Head, heading north).
Kitty Stillufsen, PPB: thanked Councilmen Kanitra and Migut for talking to her about the transient/Airbnb tax – emailed Councilman Migut for transient rental policing data (Councilman Migut: purpose of the tax, an alternative revenue stream, is to relieve residents of property tax burden, just like the hotel/motel tax – listened to her complaint about the proposed 3% tax – ran the numbers and 1.5% looked to be a fair compromise between renters and residents – fortuitously matches the amount budgeted to police the Animal House ordinance – $10K for magistrate/$15K for prosecutor – currently realize $15K from property owners to fund that – will now realize $15K from renters) so she and her guests, will be funding it – a double tax (Councilman Migut: money goes into General Fund – budget $15K/year to cover those costs – anticipate raising $15K with the 1.5% tax; Councilman Kanitra: amount anticipated equals Animal House costs – had requested that the revenue be used toward quality of life improvements, which is why he voted for it – not earmarked specifically for that; Councilman Migut: funding the public good) there is no data to show that Airbnb guests require extra policing (Councilman Migut: required to budget $15K/year for prosecutor and magistrate; Councilman Kanitra: not capturing or paying money twice – tax goes into General Fund – no redundancies; Councilman Vogel: Animal House fees are budgeted, but paid only when there is a hearing – there are also fines with those transgressions – haven’t had Animal House hearings in years – not paying anyone for a no-show job) have levied tax to offset animal House enforcement (Councilman Kanitra: no; Councilman Migut: during the process of compromising, he realized that 1.5%, would be the same amount of revenue budgeted yearly – had a soft earmark toward public improvements; Councilman Vogel left briefly) bigger problem is the 11.5% State tax, now compounded by the PPB tax – has seen a rapid decline in bookings – believes it's because of the new taxes – State is taking money from the local economy – had to lower her prices – would like the Borough, County and State Chambers and politicians to get together and fight this – PPB should be at the forefront to oppose the 11.5% tax (Mayor Reid: there is not a tax that Trenton doesn't like – just because you can raise a tax doesn’t mean you should – no other town is doing it – are losing people; Councilman Kanitra: other towns jumped on this year) her guests eat out – a couple in February spent several hundred dollars in the antique district (Mayor Reid: thanked her for coming – sorry she has to endure this); suggested charging $5 for the Seafood Festival (Councilman Vogel: security costs are paid for by the Chamber; Councilman Kanitra: not a bad idea – thanked her – slightly over 50% of PPB homes are not year-round residents – Council previously stated that the tax would be re-evaluated in a year – asked her to keep track of her bookings – has a contact in government relations at Airbnb Corporate – can quantify their data) motels are included in that (Councilman Kanitra: can ask that they not be).
Sue Passarella, PPB: came to support Elizabeth-Carter Assoc.; husband's car was totaled by the hole on St. Louis Ave. – driver that hit him didn't get a ticket – can't go through insurance (Councilman Toohey: it is included in the budget; Councilman Vogel: it's in Bond Ordinance 2019-09).
PULIC PARTICIPATION ENDED AT 9:29PM
Motion by Councilman Vogel to close public participation and approve the items listed below was seconded by Councilman Cortes and carried by roll call vote.
CONSENT RESOLUTION 1:
1a Approval of payment of Payroll #10 ($258,909.17)
1b Approval of pymt to NJ DOT for Road openings at 1506 Richmond Ave. & 405 Sea Ave ($3,160)
1c Approval of payment to Turbo Electric for repairs and new lights at DPW ($3,750)
1d Approval of salary adjustment for B. McGovern for passage of course leading to certification
1e Amendment to Resolution 2019-0507/3L, per Borough Engineer
1f Approval of 1 Taxi Driver and 2 Taxi Vehicle Licenses for Squan Taxi
1g CONSIDERED SEPARATELY AS RESOLUTION 3
1h Approval of Banner Permit App for Elks Fluke Tournament banners on Rte 35 & Arnold, 7/12-29
1i Approval of pymt to Integrated Tech Syst for monthly parking meter contract May-Aug ($13,200)
1j Approval of payment to All Points for 2019 Parking Passes ($3,273.65)
1k Approval of payment to O’Malley, Surman and Michelini for drainage & utility easement ($6,300)
1l Approval of payment to Rileighs outdoor Décor for 40 spiral snowflakes ($13,400.41)
1m Approval of PO to Versalift East LLC for bucket truck certification/rpr ($3,500)
1n Appointment of J. Venturi to the position of Seasonal Comfort Station Attendant
1o Appointment of J. Coates & B. Smith to the position of F/T DPW Laborer
1p Establishment of salaries for Summer Park Program personnel
1q Appointment of M. Schaller to the position of Summer Park Program Director
1r Approval of payment to Riggins for DPW diesel fuel ($5,232.31)
1s Approval of payment to D’Erasmo Utility for emergency sewer repair ($4,500)
1t Approval of resolution for Jenkinson’s Fireworks
CONSENT RESOLUTION 2:
2a Approval of computer-generated vouchers ($1,277,871.70))
2b Approval of pymt to McNamara Screenprint for police & crossing guard uniforms ($6,985.18)
2c Approval of payment to Eagle Point Gun for 2019 police ammunition ($3,723.40)
2d Approval of payment to Advanced Security for modular vehicle barrier for PD ($100K)
2e Approval of payment to All Covered for cabling & network upgrades ($11,845)
2f Approval of payment to L3 Mobile-Vision for flashback HD System, OZ CAM for PD ($4,855.50)
2g Approval of payment to Traffic Logix for solar radar signs/trailer/data for PD ($14,990)
2h Approval of PO to Blazing Visuals for PD signage ($4,198.62)
VOTE: Councilmen Vogel (1), Cortes, Kanitra, Toohey, Migut….YEA
Councilman Vogel (2)….ABSTAIN
Councilman Santanello….ABSENT
Councilman Kanitra: asked Attorney Zabarsky if Councilman Vogel would not be allowed to vote, based on precedent, as this is a Police matter (Councilman Toohey: it's a Special Event, not a police matter) everything discussed has been security – believes Councilman Vogel must abstain from any Police matter; Attorney Zabarsky: issue was raised with regard to Councilman Vogel and Chief Michigan – memo was generated from his office in 2018 – conflict of interest acknowledged by his office, serving as Labor Counsel, not Borough Counsel, involved negotiations that would affect the Chief’s job status; Councilman Kanitra: he just abstained Consent Resolution 2, which are Police- and Fire-related – he consistently abstains on Police matters; Councilman Vogel: has voted on this application before; Attorney Zabarsky: understands Councilman Vogel voted on this application last year with a different Borough Attorney and no conflict of interest was announced; Councilman Vogel: original memo was poorly written, unverified and an attempt to intimidate – now have competent Counsel; Attorney Zabarsky: their memo was with regard to a vote involving the Chief’s employment, not with the fact that he gave a report).
Councilman Kanitra: on different sides of an issue but that takes nothing away from the excellent job the Police Department does protecting this town – has the utmost confidence in them and respect – understands the position the Department is in – has a problem with the Chief's comment that the issue has been politicized – dangerous that when one disagrees with the Chief, the implication is that it is politicizing – Governing Body, another level of government, takes a broader spectrum of information into account – dangerous idea that the Governing Body is just a rubber stamp for the Police – there is probably some level of safety in denying the Elks application but how to quantify that risk is what is important – didn't hear how anyone quantifies it – Elks Fest represents a fractional portion of the Seafood Festival – Councilman Cortes stated earlier that Elks Fest is 90% local people – Elks was asked to join the Festival to legitimize it and help it grow and be a partnership with the community – no one can dispute that the Festival has grown – have been discussions about moving it to the Little Silver Lake lot because of the size, but is worried that residents are not being put first – important that businesses thrive but there is an issue that businesses are so dependent on Festival revenue – downtown should be more vibrant – Seafood Festival is a big component of the revenue businesses realize and that needs to be considered – a couple months ago, Council voted to re-map the Festival, due to concentration of propane tanks and food – agreed to move that to Borden’s lot – Chief said it would make the Festival safer, which is why he voted for it – can be no argument that, combined with $100K vehicle barricade grant, Festival is safer than ever – a testament to the Chief’s leadership and the Department – amazing coordination with law enforcement – asked Councilmen Migut and Cortes to think about their role in the broader spectrum of things – wants to be a champion for the Police, but maintaining resident traditions makes him beholden to accept the permit (Councilman Toohey: agrees with much of what he said – issue is the extent to which the Elks or absence of the Elks makes the Festival more or less dangerous – not sure quantifiable data exists – in unquantifiable areas that relate to public safety, he defers to professionals, above and beyond the issues raised; Mayor Reid: Governing Body’s only job is to keep residents in mind – listen to our professionals daily – added School Resource Officers after Sandy Hook and more after the Florida shootings – after church shootings, the Chief, Homeland Security and State Police met with Ocean County church leaders in this room to discuss what to look for, followed by another meeting at St. Peter’s – world is different– take these things seriously – has complete confidence in the Chief, people surrounding him and people he brings in.
Councilman Vogel: not an easy decision – try to find a balance – necessary changes have been made – Chamber doesn't like everything – things have changed dramatically over the years – prior to 2003, just about every Special Event was approved – had a bit of a process, but didn’t look at everything – need to continue to look at that process and be more forward thinking – are left today with decisions that were made years ago – Elks has a long-standing tradition – when things were small, it was easy and manageable – when things started getting approved, Council didn’t get a threat analysis – litmus test for approval is not the Elks’ great work – Council does say no to some charitable events – referenced the Tube Race and Polar Bear Plunge which got to be too much – maybe things can change next year – will never vote for a beer garden in the current Seafood Festival location – other than that, is open and will listen and be flexible – spent a lot of time with insurance advisor, Code and Fire Officials – security concerns aren’t the only ones in the holistic approval of this event – Red Bank can no longer have a fireworks festival because of the insurance risk – broker now has a special events process that didn’t exist 2 years ago – quoted former Mayor Pasola from 2000, “Being an elected official, sometimes you have to make those difficult decisions and take those stances that may not be popular with everyone. Our decisions must be based on what is right and just for the community as a whole, not just the select interest group.” – no one wants to hurt the Elks – Council will do anything they can to help them raise money on an alternate date or on an event that doesn’t involve alcohol that day.
Councilman Cortes: believes it’s a local gathering – takes recommendations from professionals – doesn’t rubber stamp everything – questions them but finds it hard to question law enforcement – doesn’t know public safety – footprint of Festival has changed – will keep an open mind.
Councilman Kanitra: thanked Chief and Police Department for their service to the community and their recommendation on this issue – has utmost faith in Police Department to keep safety.
Councilman Migut: is on the Planning Board where they put findings of facts on the record – the year that 2 events were cancelled, due to the Seaside Park bomber, there was no problem shutting them down – 2 years ago, when the Elks event was held in town, there were stellar reviews – no problem last year when it was held down the road – Police adjusted to the new Festival footprint – they could make it work with their ingenuity – Elks Fest draws a few hundred persons/hour – doesn’t add thousands of people.
Motion by Councilman Vogel to close public participation and approve the item listed below was seconded by Councilman Toohey and carried by roll call vote.
RESOLUTION 3: Denial of ABC Social Affair Permit application for Elk Fest, 9/21 (rain: 9/22)
VOTE: Councilmen Vogel, Cortes, Toohey ….YEA
Councilmen Kanitra, Migut….NAY
Councilman Santanello….ABSENT
ORDINANCES:
Ordinance 2019-07 (Eliminate Handicap Space at 309 Arnold) was introduced on first reading. Motion by Councilman Vogel to approve Ordinance 2019-07 on first reading was seconded by Councilman Cortes and carried by roll call vote. Public hearing will be held on June 18, 2019.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut ….YEA
Councilman Santanello….ABSENT
Ordinance 2019-08 (Water/Sewer Utility Bond) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2019-08 on first reading was seconded by Councilman Kanitra and carried by roll call vote. Public hearing will be held on June 18, 2019.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut ….YEA
Councilman Santanello….ABSENT
Ordinance 2019-09 (Multi-Purpose Bond) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2019-09 on first reading was seconded by Councilman Toohey and carried by roll call vote. Councilman Kanitra asked that a trailer not be put on Cooks Ln. Public hearing will be held on June 18, 2019.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut ….YEA
Councilman Santanello….ABSENT
PUBLIC PARTICIPATION BEGAN AT 9:58PM.
Vince Castin, PPB: asked about item 1n – said restrooms should be open longer on Memorial Day Weekend. Motion by Councilman Kanitra to open the comfort station and staff it at 7AM on holiday weekends was seconded by Councilman Migut and rescinded after Attorney Zabarsky explained that, under the Open Public Meetings Act, a motion would be necessary to add a request to change the hours of operation at the comfort station to the agenda for discussion and vote – can’t make a motion on a topic that is not on the agenda (Councilman Toohey: there are issues when you make a motion for personnel; BA/CFO: has consistently given her recommendation on this matter – it’s starting to become harassment– asked for the same consideration that is given to the Police Chief).
Vincent Barrella, PPB: asked about item 1q; said Mayor Reid has been vociferous about his objection to the additional Airbnb tax – in 2016, he acquired a rental property at 510 Cramer Ave., which is not noted on his Financial Disclosures – asked where the $100K down payment came from – an argument erupted between Mayor Reid and him.
Councilman Vogel made a motion to adjourn.
Kristin Hennessy, PPB: came for the Elks discussion, but can't believe she just heard Mayor Reid call a former Mayor a rude SOB and a horrible human being – doesn’t think asking a question is rude – said everyone has a right to come forward and ask a question.
PUBLIC PARTICIPATION ENDED AT 10:09PM.
Motion by Councilman Toohey to close public participation and adjourn was seconded by Councilman Kanitra and carried by consent of Council. Meeting was adjourned at 10:09PM.
ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk
