November 20, 2018

Council Meeting Minutes

             Mayor Reid called the meeting to order at 7:33PM. Present were Councilmen Vogel, Cortes, Kanitra, Migut and Santanello. Councilman Toohey arrived at 7:40PM. 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 October 16, 2018 Council meeting minutes was seconded by Councilman Vogel and carried by roll call vote.
VOTE:  Councilmen Vogel, Cortes, Kanitra, Migut, Santanello….YEA
                        Councilman Toohey….ABSENT
 
         Mayor Reid presented a PROCLAMATION to the Point Pleasant Beach High School Figure Drawing Students (Mrs. Failtoute, PPBHS art teacher, and 3 former students spoke about their participation in The Memory Project, in which they created portraits of Afghan children) invited the class to hang this year’s portraits in the Council chambers (Councilman Kanitra: invited them to work with the Cultural Arts Committee).
 
         Councilman Toohey arrived at 7:40PM; Councilman Vogel left the room 7:43PM-7:46PM.
DEPARTMENT HEAD MEMOS/DISCUSSION: 
            BA/CFO Riehl: completion of Best Practices Checklist is required by DCA– have enough "yes" answers so State aid is not in jeopardy – have never lost State aid – were able to change some subjective answers to "yeses" this year.
            Councilman Cortes: agrees with ZO Petrillo to approve existing 20' curb cut at 319 Forman  (Councilman Toohey left the room 7:50PM-7:52PM), agrees with ZO Petrillo to approve existing 19' cut at 319 Laurel, agrees with ZO Petrillo to approve 13' cut at 219 Harvard – all 3 added as ITEM 2R; 800 St. Louis owners never responded to letters (sent on August 26^th and October 2^nd) – can't hold up project, so curb cut will be made to spec – reduced to 16' – to conform with the ordinance, per Engineer's recommendation (Councilman Santanello would like it to be centered, if possible) – added as ITEM 2S.
            John Meehan, JCP&L: (Mayor Reid: Mr. Meehan has done everything he can to make things run smoothly – appreciate great service from JCP&L – JCP&L donated $1K to PPB, which was given to the Chamber for the tree lighting) as of last week, half of Parkway lights have been illuminated – need another day to finish – when projects are interrupted, they can't just be pushed back one day, as schedule is made 2 weeks in advance – there have been 6 delays on this project, since the week before Memorial Day, due to weather and accidents – this was a sensitive project, due to high traffic volume, pedestrians, newly-paved road and summer restrictions – spoke about underground wires buried near the ocean – they fail often – the 3” conduit repair is not easy or inexpensive, but it's permanent (Councilman Kanitra: timing of when the Parkway lights went out would have to be incredibly coincidental for it not to have something to do with the repairs on Parkway – JCP&L took on a financial burden – didn't cause the initial problem) will bear an extensive cost, even if successful in dealing with the contractor but product will be better – LEDs and in-ground conduit will last a long time (Councilman Kanitra: asked him to talk about LED conversion) per BPU, only have to do 5% conversion – will continue past the 5% in PPB – will take some time, but will not be held to a cap – cannot guarantee, but will try to bring in external resources/contractors to restore lights (Councilman Cortes: asked about concrete pillars at the lake) during work at the lake, pillars were damaged along with the lights – can remove the lights on the pillars and put more around the perimeter – will convert to LED and possibly increase wattage – LEDs have more focused, whiter, brighter, wider light – asked for any priorities on lights to be replaced.
 
COMMITTEE REPORTS:
 
            Councilman Vogel: he, Councilman Cortes, BA/CFO Riehl and Engineer Savacool met with DOT and NJ Transit representatives regarding Forman Ave. – continue to express residents' displeasure with what was done and the impact on neighboring streets – were told, if PPB keeps pushing, they will just close Forman Ave. – they agreed to some signage to direct people to the best route to Rte. 35 – traffic is now flowing down New Jersey Ave., as light there has not yet been installed – will have a follow-up meeting with DOT about Atlantic Ave. signals that are not in sync, displeasure about the bridge work, storm drain repair that is owed and the sink hole; Chamber’s tree lighting and Santa arrival is Friday, 5:30PM-8PM, downtown; Shade Tree Commission is working on the Community Forestry Management Plan – submission deadline is December 2^nd – planted 6 new trees and a replacement– goal is 6/year – leaning trees were re-staked with Councilman Cortes’ help – wrapping up its 5-year Community Forestry Management Plan – lot of work watering and planting, in addition to regular duties; excited to see LED flashing stop signs on the agenda.
 
            Councilman Cortes: recognized November employee anniversaries – Jennifer Coyne 13 years,  Mike Ormsby 29; Technical Assistant to the Construction Official is leaving and authority to advertise is on the agenda, he and Councilman Santanello sat in on an interview for Deputy Court Clerk – appointment is on the agenda; cell tower is supposed to come down by November 30th; work in basement is ongoing – DPW removed some junk – dehumidifier and sub pump were repaired – will get some RFPs for work; working on Boston Ave. flooding – should be finished by month-end – looking to replace damaged bulkhead in the spring – then landscaping will be restored – pipe on northern side of Boston is working fine – water can flow out but not in – pipe by Lobster Shanty is also working fine; St. Louis work is in process with storm drains completed; County storm drains are done – they will start paving Broadway; bath house is winterized – good year for The Food Shack; downtown clock footing is complete and clock should be installed by Friday; went to Inlet after heavy rain and high tide – no river – kudos to BA/CFO Riehl for having the hard pack put behind the wall; sign at Liberty and Baltimore is incorrect – safety issue – resident called police and they couldn’t find his house – per County, it's up Municipality to change the sign – DPW will do so; Scarecrow Contest was held at the gazebo; wreaths and garland are up downtown – thanked Beautification; during light replacement on Parkway, digging disturbed only a few shrubs that can be replanted.
 
            Councilman Kanitra: Mayor & Council Arts Gala, an interactive showcase with paintings and theater performances, is March 30th at 7PM at The White Sands; received Sustainable Jersey award – Environmental Commission Chair Ritchings and Green Team members were there – fantastic event – work is beginning for next year – thanked BA/CFO Riehl for putting things together to help get the necessary points; County is repaving Broadway – BA/CFO Riehl and Engineer Savacool were critical in getting speed signs there – secured a grant with Capt. Duffy's help – County will foot the bill for the speed sign on River Ave. – can get a radar trailer, stealth radar device and maybe some other things to give Police more access to data, etc.; PPBHS football season was not the prettiest this year – only Group 1 school in Ocean County – used to play competitively in the Middlesex conference – played huge Group 3 schools this year – Superintendent wrote the Shore Conference and NJSIAA for a solution – requested a supportive letter, to go along with others from similar towns in the same position, to force the conference to do something – Superintendent is considering going sub-varsity or having co-op with Manasquan or some other schools – Legislature is considering consolidating school districts – conceptual plan is to have County districts, abolishing Superintendents and Boards of Education (BOE) – would potentially adversely affect PPB – would never get a seat on the Board when Lakewood, Brick and Toms River have large populations and could drive that – very serious; Councilman Dan DiCorcia passed away on October 29th – ran against him in his first race when he was 21 – had to knock on his door to concede – he was incredibly gracious and always very nice – donated decades of his life and shared a love of PPB – Mayor brought the flags to half-staff the Friday after he passed – would be  appropriate to pay respects with a moment of silence (Mayor Reid: should have done that – will do it next meeting – great guy – loved this town – gave everything – was about doing the right thing).
           
            Councilman Toohey: former Councilman DiCorcia’s family is a great group of people – a loss to PPB; Inlet looks great – is thrilled (Councilman Vogel left the room at 8:31PM); relatively confident the revenue shortfall will net out or Governing Body can plan accordingly to neutralize it and not pass it along to the taxpayers – BA/CFO Riehl has already started the process – moving in the right direction.
 
            Councilman Migut: Planning Board met in November on a 2-lot subdivision – one more meeting this year; Animal Welfare Committee fundraiser was November 14th at Last Wave Brewery – well attended – thanked the business for hosting and helping the committee; was charged with amending the way the Zoning Officer notifies residents of the curb cut ordinance – he referred it to the Attorney (Attorney Riordan: Attorney McLean and ZO Petrillo spoke – will all meet with Councilman Migut).
 
            Councilman Santanello: asked Attorney Riordan about adding a liaison to First Aid – approval for First Aid radios is on the agenda – was lost until now because there is no liaison (Attorney Riordan: ordinance can be done by next meeting – will review the current ordinance – historically, Fire, First Aid and Police have fallen into the same committee – Fire Committee can address First Aid issues) authorization for Attorney to draft an ordinance was added as ITEM 2T; asked Chief Michigan about a camera for the park (Chief Michigan: meeting with Jersey Business Solutions in December), Recreation basketball is going well; asked Mayor Reid to work with Carol Vaccaro on prizes for the Christmas house decorating contest; gave Police report since last meeting – training included In Service Canine, SWAT, Firearms Applications, Uniform Crime Reporting and Advance Techniques for Forensic Interviewing – there were 15 total arrests for DWI, disorderly conduct, simple assault, resisting arrest, domestic violence and motor vehicle violations – today, he and Chief Michigan met with Priests at St Peter Church regarding school/church safety and security – they are happy with the increased parking on Forman; Dr. DePaco donated $18K to the PPB BOE for portable radios to enable faculty and staff to community directly with Police in an emergency – community is thankful for Dr. DPaco’s generous donations – will be honored at November 27th BOE meeting; Fire Department radios are on the agenda; congratulated Councilman Cortes on re-election – thanked voters for coming out so heavily – 60% of tPPB population came out – thanked them for their vote of confidence – will recuse himself from Ordinance 2018-20 – complained about nastiness in the campaign – people come to meetings looking to be treated with respect and courtesy and the Governing Body is not treated the same way in response – is bothered by dishonesty.
 
            Mayor Reid: Congratulated Councilmen Cortes and Santanello on re-elections – worked hard – people of PPB appreciate everything they’ve given to the town; spoke about upcoming derelict house ordinance (Attorney Riordan: Councilmen Kanitra and Vogel, ZO Petrillo, CO Gardner and Attorney McLean met about it – there is a framework of what needs to be done and Attorney McLean is working on it; Councilman Kanitra: it’s an abandoned property ordinance – recommends a separate quality of life ordinance – pulls in a State statute – can't tie the 2 together) are already taking care of the weeds downtown – tried to work with businesses for years – ZO Petrillo sent out a letter from him – will no longer put up with it – if they don't clean, they will be billed for the clean-up (Councilman Toohey: should introduce structures and weeds at the same time; Attorney Riordan: will try for next meeting) BA/CFO Riehl and the consultant are doing wonderful job at the Inlet – thanked Councilman Toohey – looks great (Councilman Toohey: Open Space Committee, BA/CFO Riehl and Engineer Savacool were the boots on the ground) will have everyone together for a ribbon cutting ceremony; finished food drive yesterday – thanked BA/CFO Riehl and all who contributed – toy drive will start right away – toys are set up at the Presbyterian Church annex building, where parents and children can come and pick them out – have given quite a bit the past few years – can do better this year; recently participated in the STAND walk – great job – raised more than $2K for Dress for Success – beautiful day for a walk on the beach – carried George (his dog) over the Boardwalk; Christmas tree lighting is 5PM-8PM – a small town, middle America, community event – he will be lighting the tree at 5:50PM – hopes the clock will be up – raised money for music – will raise more; asked all to think about an ice rink – very successful last year – sent BA/CFO Riehl a proposal – lot of money, but can be extended for months and rented to hockey teams – considering the railroad lot – 4 or 5 people are willing to donate privately every year – may bond for it, but public money will not be spent – another quality of life issue; thanked Mr. Castin for the invitation back to the VFW – nice ceremony (Councilman Toohey left the room 8:52PM-8:54PM) Councilman Vogel talked to them about making the ceremonies bigger and better – will work with the VFW & American Legion on this.
 
            BA/CFO Riehl: were 27 properties on the 2018 tax sale, held last week – took in $202K in premium money, in addition to all of the taxes and water/sewer; had a partnering meeting for the dune project this morning – should be finished with the outfall station by the end of December – dune project should be started in March and, hopefully, finished by end of May or early June – work will start at Elizabeth heading north and, when finished, will work from Elizabeth south; draft of town calendar is in – she supplied Borough information – hopes to be out in early January (Mayor Reid: Dave Russell has been working on this, raising funds, getting advertising – another way to communicate and advance the town) received permission through EIT to go out to advertise in December and open bids in early January to start the project of swapping out current water meters for automated ones – 75% principal forgiveness and 25% at blended market rate on the interest.
 
            The Municipal Clerk announced additions to the agenda.
 
PUBLIC PARTICIPATION BEGAN AT 8:56PM.
 
            Dave Cavagnaro, PPB: congratulated Councilmen Cortes and Santanello on their re-elections; apologized to Council, particularly Councilman Santanello, for misleading on an agenda item – wasn't paying attention and didn't think it was authorized; asked about 1n and 1x, what happed to the $2K Lake Louis sign at Boston and Niblick and about the light repair around town.
            Vincent Castin, PPB: asked about the weir box on Boston, the cell tower, 1x, the Inlet park and the Best Practices Worksheet.
           
PUBLIC PARTICIPATION ENDED AT 9:09PM. 
 
            Motion by Councilman Toohey to close public participation and approve the items listed below was seconded by Councilman Cortes and approved by roll call vote.
CONSENT RESOLUTION 1:
1a     Renewal of amusement game licenses 2019–Jenks, Jenks South, Bdwk & Central Ave Assoc.
1b     Establishment of 2019 Borough holidays
1c     Establishment of Council reorganization meeting date & time – 1/1/19 at noon
1d     Approval of Payrolls #22 ($262,249.97) and #23 ($256,332.11)
1e     Approval of payment to D. Sweet from BOA escrow accounts
1f      Approval of payment to State of NJ for employee & retiree health benefits ($137,668.40)
1g     Approval of payment to Ocean County Road Dept. for Schedule C street sweepings ($2,711.32)
1h     Approval of payment to T&M Assoc. from Pl. Bd., BOA & developer escrow accounts
1i      Approval of ATS Environmental Svcs. for DEP required fuel testing ($2,861.02)
1j      Approval of payment to APP from BOA escrow accounts
1k     Approval of payment to DEML&P from BOA escrow accounts
1l      Approval of payment to the Ocean County Treasurer for 4^thQ tax levy ($2,231,666.15)
1m    Approval of release of dumpster bond at 118 Randall
1n     Amendment of professional service contract for Borough Engineer
1o     Approval of payment to OC Landfill to replenish escrow ($49K)
1p     Memorialization of taxi vehicle license approval for Mantoloking Taxi
1q     Approval of PO to Premier Electronic Solutions for DPW syst upgrade/control panel ($7,104.80)
1r      Approval of payment to Hutchinson Plumbing for repair of basement dehumidifier ($6,453.87)
1s      Approval of release of dewatering bond to Seasonal World for 306 Arnold Ave.
1t      Approval of release of dumpster bond to JSD Group for 52 Sanborn Ave.
1u     Approval of payment to Petroleum Traders Corp. for DPW gasoline ($9,820.67)
1v     Approval of PO to SA-SO for 4 LED-enhanced Stop signs ($5K)
1w    Approval of W/S relief request
1x     Approval of pymt of Pay Cert 7 to Albert Marine Construction for lake dredging ($304,259.99)
1y     Approval of payment to BTMUA for October bulk water usage ($70,938)
1z     Approval of PO to Precision Door Service for 4 DPW garage doors ($3,196)
CONSENT RESOLUTION 2:
2a     Approval of PO to Downs Ford for VCN Kit for DPW ($3,549)
2b     Authorization to auction surplus DPW vehicle on Municibid
2c     Approval of pymt of Pay Cert 6 to Enviroscapes for Lk of Lillies Shoreline Imp ($5,258)
2d     Authorization for K. Coronato to fill in at the Court office
2e     Authorization to advertise RFPs for professional services for 2019
2f      Certification that Gov Body read & reviewed the Best Practices Worksheet
2g     Appointment of B. McGovern, Holmdel NJ, to the position of Deputy Court Administrator
2h     Approval of payment of Pay Cert 5 to Bird Const. for Loughran Point Park Imp ($199,325.14)
2i      Approval of payment to Blue Line Emerg Lighting for DPW vehicle warning lights ($2,080.56)
2j      Authorization to advertise for a Technical Assistant to the Construction Official
2k     Authorization to advertise for a P/T Data Entry Clerk in the Court
2l      Approval of payment to Community Endowment Fund for Christmas donation ($4K)
2m    Approval of PO/budget fund reallocation to Noreika Sales for 2018 lawn equipment ($5,923.13)
2n     Approval of PO/budget fund reallocation to Van Wickle Auto Supply for DPW equip ($2,818.28)
2o     Approval of PO/budget fund reallocation to Fastenal for 2018 DPW shop equipment ($3,894.96)
2p     Approval of PO/budget reallocation to Svc Tire Truck Ctr for DPW rims/tires/repair ($3,003.48)
2q     Approval of PO/budget fund reallocation to F&C Auto Supply for DPW auto parts ($5,201.27)
2r      Approval of curb cuts – 319 Forman (20’), 319 Laurel (19’), 219 Harvard (13’) – PER DH MEMOS
2s      Approval of reduced curb cut – 800 St. Louis (16’), per Engineer’s rec. – PER DH MEMOS
2t      Auth for Attorney to draft an ord providing a committee liaison to First Aid – PER DH MEMOS
CONSENT RESOLUTION 3:
3a     Approval of payment of computer-generated vouchers ($2,062,402.78)
3b     Approval of payment of Aug.-Nov. hand checks ($2,339,702.10)
3c     Approval of payment to Fireflow Svcs. for annual Fire Dept. hose/pump/ladder testing ($4,149)
3d     Approval of payment to Winner Ford for 2018 police interceptor utility vehicle ($39,049)
3e     Authorization to execute OC Prosecutor DWI/DRE/Move Over Shared Service Agmts 2018-19
3f      Approval of payment to Motorola Solutions for Fire Dept. pagers & radios ($53K)
3g     Approval of PO to Firefighter One for 9 hoses for Fire Company No 1 ($3,743.77)
3h     Approval of payment to Firefighter One for 10 turnout jackets for Fire Company No 1 ($4,767)
3i      Approval of payment to Absolute Fire Protection for Ocean Fire Co. 1 station repairs ($2,742.91)
3j      Approval of payment to Motorola Solutions for First Aid radios ($54,319.11)
3k     Approval of payment to Atlantic Tactical for 6 bulletproof police vests/carriers ($5,205.90)
3l      Approval of payment of detective stipend to C. Mosca
3m    Support for Drive Sober or Get Pulled Over 2018 Statewide Crackdown
3n     Appointment of 26 SLEO’s Class II
VOTE: Councilmen Cortes, Kanitra, Toohey, Migut (except 3), Santanello….YEA
                     Councilman Vogel….ABSENT
Per Borough Attorney, assume usual abstentions on items 3a&3b with which Council has conflicts.
 
            Councilmen Santanello left the room at 9:26PM. Councilman Toohey left the room at 9:27PM.
 
ORDINANCES:
 
            Councilman Kanitra: asked Attorney Riordan how taxes would be transmitted to the town (Attorney Riordan: not sure yet how it will work in operation).
            Mayor Reid: asked the amount of the State tax on Airbnbs (Councilman Kanitra: 6.625% sales tax + 5% hotel occupancy fee) this is adding 3% – hotel/motel owners say that the hotel/motel tax hurt them – wonders what other town are doing (Councilman Migut: Governor signed the enabling legislation 4 weeks ago) is worried about people leaving PPB and going somewhere cheaper (Attorney Riordan: there is an article in the APP today that Asbury Park has this ordinance on their agenda and is asking for public input; Councilman Kanitra: asked if Council has ability to table the ordinance after the public hearing; Attorney Riordan: yes, but if the year changes, it would have to be reintroduced – also, if the ordinance is passed, the ordinance can be amended and the tax can be repealed) is seeing taxes go up all over the State and it’s bad – Realtors are upset that Airbnbs are undercutting them, but that’s competition (Councilman Cortes: asked if this can be held) this is Councilman Migut’s ordinance (Councilman Migut: introduced the ordinance because it’s a viable revenue stream, comparable to the hotel tax, and it puts them on fair footing with people renting houses – Animal Houses come from people who rent houses and generate a great deal of police and court expenses that PPB does not recoup – it’s an incentive to renting to good, upstanding citizens – thinks Council has an obligation to explore) doesn’t want to tax PPB out of competition (Councilman Kanitra: questions if the extra 3% would really make or break it – asked Attorney Riordan if this ordinance would become null and void if the State’s law is overturned; Attorney Riordan: absolutely – more hotel/motel taxes were collected in PPB this year than ever before, despite the fact that the owners believe it will drive their business down; Councilman Kanitra: there are more rentals in the marketplace, probably than ever, because of the advent Airbnb and VRBO – was a process to go to a Realtor – PPB Airbnb inventory is substantial – there are valid points on both sides) wants to look into more – against taxing everything.
                     Ordinance 2018-20 (Airbnb Tax) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2018-20 on first reading was seconded by Councilman Kanitra and carried by roll call vote. The public hearing will be held on December 4, 2018.
VOTE:  Councilmen Cortes, Kanitra, Migut ….YEA
                        Councilman Vogel….ABSENT
                                    Councilmen Toohey & Santanello….RECUSED
                    

 
            Motion to adjourn by Councilman Migut was seconded by Councilman Cortes and carried by consent of Council. Meeting was adjourned at 9:26PM.