Borough of Point Pleasant Beach Borough of Point Pleasant Beach
Council Meeting Minutes
October 1, 2019
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 7:06PM. Present were Councilmen Cortes, Toohey and Santanello. Councilman Vogel arrived during closed session at 7:25PM. Councilman Migut was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
The Municipal Clerk read the Resolution for Executive Session: “Whereas, Section 8 of the Open Public Meetings Act permits the exclusion of the public from a meeting in certain circumstances; and whereas, this governing body is of the opinion that such circumstances presently exist, now, therefore, be it resolved by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean and State of NJ, as follows: the public shall be excluded from discussions concerning the hereinafter specified subject matter; the general nature of the subject matter discussed is as follows: one personnel matter. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.”
Motion by Councilman Santanello to enter Executive Session was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Cortes, Toohey, Santanello ….YEA
Councilmen Vogel, Kanitra, Migut….ABSENT
CLOSED SESSION BEGAN AT 7:08M AND ENDED AT @7:28PM.
Mayor Reid called the regular meeting to order at 7:35PM. Present were Councilmen Vogel, Cortes, Kanitra, Toohey and Santanello. Councilman Migut was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
Flag Salute, Invocation
Motion by Councilman Santanello to approve the September 17, 2019 Council meeting minutes was seconded by Councilman Vogel and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Santanello….YEA
Councilman Toohey….ABSTAIN
Councilman Migut….ABSENT
PROCLAMATION: United Nations Day
Mayor Reid presented a proclamation to Patricia Sullivan of the Woman’s Club, who thanked him and announced that October is also Prevention of Domestic Violence Month.
DISCUSSION: Recycled Plastic Benches
BA/CFO Riehl: solicited 2 separate quotes for 2 different style benches – one is considerably less expensive – both made of durable recycled plastic – a matter of preference (Mayor Reid: wood benches rot after a year – have to look proper and be heavy, so they can’t be moved) about 178-200lbs/ each – would stay up all winter – can be permanently mounted (Councilman Kanitra: asked if they are being considered for the Boardwalk, Band Shell, Inlet) everywhere – should start at the Inlet and Pleasure Park – are different colors – can do cedar to match those at the memorial or gray to match the new trash receptacles (Mayor Reid: would look to BA/CFO Riehl for guidance on color) would be municipal benches – would not replace the buy-a-benches – quoted 25 (Councilman Kanitra: wouldn't want another aesthetic on the Boardwalk – already chaotic) would not put them there – looking at replacing the ones at the Inlet and placing them at Pleasure Park and the Band Shell (Councilman Toohey: doesn’t recall this in budget) has $43K Clean Communities grant money this year (Mayor Reid: likes the Malibu bench – Councilman Santanello: does too; Councilman Kanitra: wondered why that one is so much cheaper and asked if the hardware is rustproof) it is stainless steel.
Motion by Councilman Santanello to add authorization to place order for Malibu benches on the agenda was seconded by Councilman Toohey and carried by Council consent – ADDED AS 1Y.
COMMITTEE REPORTS:
Councilman Vogel: Seafood Festival was tremendous – many people worked hard making changes including Chief Michigan, FO Martin, the JIF, the Chamber and Governing Body – positive day – phenomenal feedback from participants – resident commented it was the first time she could take her daughter, in a wheelchair, through the event – spent a few hours in the command post watching – all agencies said this year’s event was by far the best – beautiful day – will be a follow up meeting with some tweaking – hit it out of park with safety and security – kudos to Chief Michigan, Police, Fire, EMS, DPW and organizers – 5K biodegradable race stickers will be removed, if not gone by the next rain storm; Code Department implemented a weekend task force headed by Stephen Roe – issues addressed include parking on front lawns, recycling and garbage violations, vacant and abandoned structures, rentals without CO’s, property maintenance, illegal signage in right-of-way – zero tolerance – summonses were issued; ran into problems with water flow and capacity – did follow up testing with new equipment today – based on this, rental of the American Water hydrants is a necessity – Ocean Ave. is on the Asset Management Plan schedule for replacements – Engineer’s office will prepare an analysis and identify issues; met again about the Special Event process – asked that the ordinance be amended with designated Boardwalk areas, addition of Fire and EMS to upfront approval notification, update of fee and insurance structure and applications, which are coming in late for Municipal review and County approval – will follow up with organizations regarding adherence to time frames (Motion by Councilman Vogel to authorize the Borough Attorney to update the Special Event ordinance was not seconded, but no objections were raised – Clerk will gather information and forward for action – ADDED AS ITEM 1Z); had follow-up discussion on the Bonfire – real safety concerns – rules were not followed – will be strict guidelines in the future – pressure treated wood that releases chemicals was burned, holes were dug on the beach with nails left overnight and the next day – organizers need to be better organized and have someone responsible for everyone's safety; asked BA/CFO Riehl about traffic signage at Arnold and St. Louis during Special Events (Mayor Reid: spoke to someone the other day about a lack of water pressure at the condos by the Inlet) did not test there, but there have been issues there (BA/CFO Riehl: for several years, there has been talk about replacing the line under Jenkinson’s parking lot; Mayor Reid: thinks they are getting that lot done) will pass that on.
Councilman Cortes: recognized September employee anniversaries – Paul Brundage 20 years, Alexander Zubikowski 1, Karen Mills 15, Nancy Ruiz 6, Arthur Gant 1, Kellie Parody 2; Beautification Committee is preparing for the annual Antrim scarecrow contest – will be displayed at the gazebo the week of October 14th – asked if gazebo camera is working (Chief Michigan: yes); mulching and weeding at the garden by the bridge looks good; getting ready for downtown Christmas decorations – have new snowflakes – he cut out some new reindeer pieces to replace broken ones; reconstruction of Arnold Ave. sidewalks is underway; gave NJNG a list of streets to do first, so their road openings are done before streets are paved – also told them to hold off on Parkway and Harvard, as they are newly-paved – they will assess to see if they can limit road openings on those streets; asked for support of item 1s (Councilman Kanitra: confirmed that all locks would be removed from the fence, as their collective weight damages it; Mayor Reid: that’s a shame – people like them); he and BA/CFO Riehl met with DPW Super. Trout regarding bulk pickup – stems from his time on the garbage truck – will come up with a proposal to tailor the ordinance – would be less expensive to pick some things up curbside; NJ Transit placed signs on Washington Ave. about when crossing will be closed – will then move to New Jersey Ave.; 8 Johnson & Johnson volunteers cleaned the Maryland Ave. beach; Parking Authority cleaned vegetation off the fence at the entrance/exit to Bay Ave. – can now see sidewalk and pedestrians – a lot safer.
Councilman Kanitra: wished Happy Birthday to Councilman Migut who is not here tonight; Arts Committee has a Paint the Pumpkin event at Vintage Van Gogh for kids and adults after the Tug of War – can register at pointbeacharts.com; the mural at the train station is almost complete; on behalf of the Environmental Commission, asked the status of the basement, as they want to use it for storage (BA/CFO Riehl: has proposal – would like to award at the next meeting) they submitted their tasks for the year to try to obtain Sustainable Jersey Silver Status – will find out in about a month; spoke about Kratom Ordinance – Councilman Vogel submitted something from American Kratom Association (AKA) about changing the ordinance to focus on 21 and under and a couple of other changes – encourage all to consider not doing that – read an email from a woman who said son died from an unadulterated Kratom overdose – in his opinion, if Kratom is so powerful that it can help individuals coming off of Heroin addiction, it needs to be a regulated, prescribed drug – not enough to just arbitrarily protect those 21 and under – the Governing Body does not have the medical expertise that the FDA does; elected officials sign themselves up for public scrutiny – residents do not and they need to be treated with respect, no matter what – town has been divided – called for all to come together – urged Council to recognize that losing temper with residents is unequivocally wrong and divisive and shouldn't be allowed – don’t just represent those who voted for us, but everyone.
Councilman Toohey: urged all to call OCUA regarding the Little Silver Lake pump station odor – he has contacted them twice and they have been very responsive, with someone on site within an hour, looking at abatement and odor control measures, but more push from the residents would help – phone number is on town web site and Facebook – wasn't working but is now; encouraged support of 1g; are lucky to live in this community – what is said matters – have a collective responsibility to model civil behavior – election is over – wished all the best – need to live together and be kind.
Councilman Santanello: mirrored Councilman Vogel's comments on the Seafood Festival – heard it was much better and easier to move around; asked Councilman Kanitra to share plans for Arnold Ave. building expansion and if it would be done by fundraising (Councilman Vogel: it’s owned by a non-profit – making bays go out because of the truck size and have to go before the Board of Adjustment; Councilman Kanitra: heard they are looking for other equipment; Councilman Vogel; would all be done by the non-profit) BA/CFO Riehl shared with him that parking revenue is up over $300K/year due to new machines that take credit cards and cash and don’t require a slip on the dashboard that can blow away – no more complaints, machines work (Councilman Vogel: and that’s with part of the New Jersey Ave. parking lot not being used); asked Chief Michigan if the camera in the park is working (Chief Michigan: yes) can put in new nets (Councilman Vogel: being done today); gave Police report since last meeting – warm weather is still attracting crowds to the beachfront – seasonal officers will continue to patrol and address quality of life – annual Breast Cancer Walk is October 20th – expecting increased traffic congestion due to NJDOT construction on the Manasquan/Rte. 35 bridge – Police will conduct daily house checks for those on vacation – received a request for outreach for the Check In on the elderly program – participated in Operation Clear Track during Rail Safety Week – will participate in Put the Brakes on Fatalities Day, October 10th, encouraging motorists to obey all traffic laws – Seafood Festival had beautiful weather and respectful, polite families enjoying themselves – most vendors appreciated the new layout – zero alcohol related issues – everyone seemed pleased with the overwhelming show of force – will meet in a couple of weeks to critique the event – were again assisted by the Ocean County Sheriff’s Dept., Prosecutor’s Office & Regional SWAT Team, NJ State Police, Dept. of Homeland Security & Transit Police, Point Pleasant, Bay Head, Mantoloking and Brielle Police, FBI, and several Canine teams brought in to assist with explosive sweeps – DPW supplied garbage trucks for security – mobile video cameras were utilized – thanked Lt. Kowalewski for planning and coordinating, Capt. Quaglia, Dets. O’Neill & Mosca, Sgt. Grace, and all other officers who were mandated to work – received accolades from public; commented Monday's Recreation Committee meeting – heard a lot is going around on social media, where truth goes to die and the loudest voice is usually slanted – agrees that it goes both ways – he is not resigning, can’t be terminated and is not apologizing – two sides to every story – the usual he said/she said political theatrics – read from a prepared statement – owns and stands by what he said– one of the folks involved followed him in the hall and threatened to knock him out – will not be intimidated – claimed a Board of Education member attempted to influence and intimidate the Basketball Director, an Antrim School teacher, into falling in line and agreeing with her narrative – unacceptable – unadulterated hypocrisy being practiced by those backing Councilman Kanitra – some people think they can say anything they like but if someone replies, it’s an outrage – group has said vile things about Mayor Reid and others, continuing even after the Primary – lowest thing you can do is kick a man when he is down – that’s the leadership being shown by Republicans for Change – those who say forgive and forget should stop being hypocrites – he intends to mirror their behavior – doesn’t care what anyone thinks of him personally (Councilman Kanitra: appreciates that he owns what he said but the justification for cursing out residents sets a dangerous precedent – feels sorry for him – hopes town can still come together – people are angry and upset – agrees with Councilman Toohey).
Mayor Reid: thanked Chief Michigan and Councilman Vogel for work on the new Seafood Festival design – much safer – appreciates all who worked that day – great job – it’s all about safety; basketball nets and backboards were removed yesterday and being rebuilt today, per his promise to a young man last year – poles are being replaced also; new wheelchair swing comes Monday (Councilman Kanitra: asked if stumps would be ground) asked that this be looked into (BA/CFO Riehl: Insurance Company intentionally leaves them high – kids can sit and climb on them); Alzheimer's Walk was a huge success; Tug of War is October 12th (Councilman Santanello: urged all to go to Duke's afterwards – they are sponsoring a huge portion of this – will have a band and a synchronized lighted timer – bleachers fell through but PPBLL will lend theirs – DPW will move them over; Councilman Toohey stepped out briefly); spoke with First Aid Capt. Fioretti – truck needs to be replaced – asked Councilman Cortes to speak with her and Councilmen Kanitra and Toohey about a $100K refit or a $200K new truck – First Aid is good at watching money – last truck they got is a refit – are always there for them – important for safety – maybe talk about an ordinance at the next meeting).
BA/CFO Riehl: Jenkinson’s wall building has started – is hideous – has been assured it will be capped and more attractive when finished; Police did another street light survey last week – currently 49 are out – informed John Meehan that bills would not be paid and about the order from May to have poles removed in Silver Lake Lot – he asked that everything be sent to him (Councilman Cortes: asked about the camera lost in the lot) holding contractor responsible for replacement cost.
Councilman Vogel: asked BA/CFO Riehl if she has been in touch with Shade Tree about stump grinding and hazard tree (BA/CFO Riehl: sent them what the State plans to avoid duplicate work).
The Municipal Clerk announced additions to the agenda.
PULIC PARTICIPATION BEGAN AT 8:37PM
Dave Cavagnaro, PPB: asked about item 1r, picnic benches and Ordinance 2019-16.
Vincent Castin, PPB: spoke about item 1s and dirt in Little Silver Lake lot, echoed Councilman Toohey's comments (Mayor Reid: asked for comments on agenda items and ordinance only).
Marilyn Burke, PPB: don't need to sell Kratom in PPB – don't need non-resident opinions.
John Vitollo, PPB: asked if Ordinance 2019-16 affects hotels and motels.
PULIC PARTICIPATION ENDED AT 8:46PM
Motion by Councilman Vogel to approve the items listed below was seconded by Councilman Cortes and carried by roll call vote.
1a Approval of payment of Payroll #19 ($266,251.78)
1b Approval of 5 W/S Relief Requests
1c Authorization to conduct hydrant flushing 10/7-11/1 & to advertise in Ocean Star 10/4-11/1
1d Approval of pymt to State of NJ for October employee & retiree health benefits ($113,382.59)
1e Approval of release of performance/maint guarantee for 119 Central Ave. ($6,422.71)
1f Memorialization of corrected W/S adjustments for 312 Cooks Ln & 126 Griffiths Ave.
1g Approval of amended ESA Surf Competition/MD Ave. Beach Clean Up date from 10/5 to 10/26
1h Approval of pymt to Coded Systems for code update/supplementation/electronic hosting ($6,310)
1i Approval of increased registration fees for the Rec Basketball program
1j Authorization to auction surplus DPW and Court vehicles on Municibid
1k Approval of PO to F&C Auto Supply for DPW auto parts ($3,500)
1l Approval of payment to MAXR for DPW recycling cans ($20,176)
1m Approval of payment to Petroleum Traders Corp for DPW gasoline ($12,648.29)
1n Approval of PO to R.N. DeMaio for DPW janitorial supplies ($2,500)
1o Authorization to update Spill Prevention Control & Countermeasures Plan (NTE $7,500)
1p Authorization to proceed with ISO mapping for CRS rating (NTE $6K)
1q Approval of payment to Turbo Electric for park camera wiring ($1,350)
1r Approval of payment to R.T. Davies for skate park tree removal ($3,200)
1s Approval of PO to H. Kees & Sons for Inlet fence repair ($2,120)
1t Approval of PO to Petroleum Traders Corp. for gasoline encumbrance ($20K)
1u Authorization to bill Account #195-0 for 3rd quarter 2019 water/sewer charges.
1v Approval of pymt of Pay Cert 2 to Lenegan Plumbing for Water Meter Replacement ($133,385.11)
1w Authorization to accept the recommendation of the Ocean County Prosecutor’s Office to terminate a Borough employee – CLOSED SESSION ITEM
1x Approval of PPBHS PTO request to hold annual Fall Town Wide Garage Sale, 10/19 (rain 10/20) – ADDED BY CLERK/ADMIN AT MEETING
1y Authorization to place an order for Malibu benches – ADDED PER DISCUSSION
1z Auth. for Borough Attorney to update the Special Event ordinance – ADDED PER CMTE RPTS
CONSENT RESOLUTION 2:
2a Approval of payment of computer-generated vouchers ($205,336)
2b Approval of payment of hand checks ($2,495,114.15)
VOTE: Councilmen Vogel (except 2), Cortes, Kanitra (except 1r), Toohey (except 1s),
Santanello (except 1r)
Councilmen Vogel (2), Kanitra (1r), Santanello (1r)….ABSTAIN
Councilman Toohey (1s)….NAY
Councilman Migut….ABSENT
ORDINANCES:
Ordinance 2019-15 (Amend Ch. 5/Prohibit Sale of Kratom) was considered on second reading. Mayor Reid opened the public hearing.
Michael Robinson, Somerset: spoke against the ordinance – have to be careful about taking away adults' rights based on fear and emotion.
Geoffrey Laredo, CA: paid consultant to AKA/retired Federal drug policy professional – not a doctor nor researcher, but an expert – Kratom ban will kill people – encouraged looking to science.
Mack Haddow, AKA: represents 15M US Kratom users – encouraged regulation, not a ban.
Tom Fastuca, PPB: spoke in favor of ordinance – for PPB people, not non-residents.
Councilman Vogel: concerned about taking away something that helps Veterans and PTSD sufferers (Mr. Haddow: reported to be useful for PTSD – 99.1% of 232K comments submitted to the DEA were opposed to banning Kratom; Councilman Kanitra: they were lobbyist-targeted comments from supporters – anti-Kratom doesn’t have a lobby and is not spending money on this – trying to influence public policy – 15M users is a substantial financial industry and any kind of precedent in NJ is dangerous – only concern here is protecting PPB – only getting the paid side of the story – commended the grass roots association – are numerous cases on the NIH government web site of seizures associated with Kratom; Mr. Haddow: not just a lobbying effort – passionate group of people responding to a threat to fundamental freedoms – drug/opioid industry hates Kratom and have highly paid lobbyists fighting; Councilman Kanitra: but no one from Merck or Pfizer is here arguing for a ban; Mr. Haddow: alleged that one of Councilman Kanitra's clients, Pill Nurse, does the same thing, trying to promote a better-regulated opioid business – Kratom is a threat to the opioid industry; Councilman Kanitra: disputed the allegation; Councilman Toohey: residents, who he is not at liberty to discuss or ignore, came to him in confidence – can't arbitrarily ban or assign an age to it with no understanding – DEA and FDA have looked at this for 3 years – would support wholesale regulation and work with Councilman Kanitra; Councilman Kanitra: noted that he read a letter at the last meeting from a resident whose life was ruined by local Kratom purchase; Councilman Toohey: doesn’t intend to vote for this ordinance, only because he thinks a different approach should be taken).
Motion by Councilman Kanitra to close the public hearing and adopt Ordinance 2019-15 was seconded by Councilman Cortes. After Councilman Vogel voted NAY and Councilman Cortes voted YEA, discussion about tabling occurred. Attorney Wilkie: if ordinance is tabled and no changes occur, would have to re-notice that it will be heard for a second reading – if any substantive changes occur, would have to start over – Councilman Kanitra could abandon the motion for the vote and a tabled motion could come across. Councilman Kanitra abandoned his motion for a vote.
Motion by Councilman Vogel to TABLE Ordinance 2019-15 was seconded by Councilman Kanitra and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Santanello ….YEA
Councilman Migut….ABSENT
Ordinance 2019-16 (Amend Ch. XXVIII/Transient Accommodation Tax) was introduced on first reading. Motion by Councilman Toohey to approve Ordinance 2019-16 on first reading was seconded by Councilman Cortes and carried by roll call vote. The public hearing will be held on October 15, 2019.
VOTE: Councilmen, Cortes, Kanitra, Toohey….YEA
Councilmen Vogel, Santanello….ABSTAIN
Councilman Migut….ABSENT
PUBLIC PARTICIPATION BEGAN AT 9:35PM
Michael Ramos, PPB: addressed the situation at last week’s Recreation Committee meeting between resident Glen Paesano, Councilman Santanello and him – requested the Councilman resign or be removed and that the Council and Administrator act to ensure this never happens again.
Vincent Castin, PPB: knows Vets with PTSD, but none who were recommended Kratom.
Dave Cavagnaro, PPB: thanked all for information on lights out, asked about compensation; asked what Alzheimer's Assoc. paid for the lot; complained about Seafood Festival 5K arrows; asked for other dept. revenues at next meeting; thanked Councilman Cortes for work on the reindeer.
Kristin Hennessy, PPB: (Mayor Reid stepped out briefly) complimented the Arts Committee mural at Point Bay Fuel; asked how much dialogue was had with the Open Space Committee on the skateboard park and if their recommendations were discounted – asked if the Shade Tree Commission was consulted about removing trees there and a replanting plan; she videotaped the meeting, as anyone has the right to do; allegations of volunteer PPBLL coaches cursing are unfounded – asked when a Mayoral investigation about a Councilman cursing at residents will be opened.
PUBLIC PARTICIPATION ENDED AT 9:49PM.
Motion by Councilman Vogel to close public participation and adjourn was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 9:49PM.
ATTEST: _______________________________
Eileen A. Farrell, RMC
Municipal Clerk
