Borough of Point Pleasant Beach Borough of Point Pleasant Beach
Council Meeting Minutes
September 17, 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 regular meeting to order at 7:32PM. Present were Councilmen Vogel, Cortes, Kanitra, Migut and Santanello. Councilman Toohey 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 September 3 2019 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
PROCLAMATION:
Mayor Reid presented a proclamation to Don Holford of Fulfill (formerly the Food Bank of Monmouth & Ocean Counties) for Hunger Action Month. Mr. Holford spoke about the program and invited volunteers.
DEPARTMENT HEAD MEMOS/DISCUSSION:
Councilman Cortes: discussed ZO Petrillo’s memo regarding curb cut requests at 329 River Ave. and 500 Forman Ave. – received clarification from Code Enforcement on 329 River since last Council meeting – agrees with approval at 16'; house at 500 Forman will be knocked down – agrees with ZO Petrillo to approve at 13' – BOTH ADDED AS ITEM 1V.
COMMITTEE REPORTS:
Councilman Vogel: Seafood Festival is Saturday, with all food in Borden's lot, which will be shut down at noon on Friday – all working hard in preparation – Fire Inspector has been working hard and Chamber has been very responsive; Shade Tree Commission identified additional hazard trees – need estimates for ones on public property and for re-plantings by the lakes; will be a follow-up meeting on the Special Event approval process after the Seafood Festival to ensure communication process flows properly– need to address follow-up an how events are run – bonfire was a great success, but is concerned that restrictions placed upon the applicant were not followed– heard negative feedback about improper supervision and possible alcohol – everyone wants to have a good time but safety is most important; DEP sent an email regarding the rule making process for public access to tidal waters and shorelines – will be public feedback period until October 4th and more meetings.
Councilman Cortes: ZO Petrillo is retiring this year – position was posted with an October 1st application deadline – invited qualified individuals to apply; Parking Authority has a landscaper weeding at Borden’s lot in preparation for the Seafood Festival – removing vegetation on the fence in the Bay Ave. lot to provide a better sight line – will be weeding the First Aid lot; kudos to BA/CFO Riehl for delaying bridge work until September 27th; asked for support of item 1m; hopes to move forward with items 1p and 1q; NJ DOT has committed to grind the stumps left by the power company – kudos to BA/CFO Riehl for that; he, Councilman Vogel and BA/CFO Riehl met with NJ Transit – they are updating crossings at Washington and New Jersey Aves. in October and November – advised all to plan accordingly as crossings will be closed for a week; met with NJNG about their flow valve project – they will work with the town on start dates – multi-year completion time – will need to get into houses – they are doing it everywhere; authorization for RFP for architectural services for Sea Coast property is on the agenda – a long, drawn-out process – building is down – will erect some type of storage structure with maybe a meeting room – encouraged support.
Councilman Kanitra: town bonfire was a huge success – probably 1,000 people – incredible sense of community – 70% locals – will continue to look at ways to keep it relatively to the PPB community – band was phenomenal – thanked Doug Vitale, PPBHS Key Club, PPB businesses that donated pizza and the Police and Fire Departments, who helped keep the event safe – was everything they hoped it would be – can always be fine tuning – need more of a committee – next year will be even better and run really smoothly; showed Council the Environmental Commission’s commercial recycling sticker – he and BA/CFO Riehl discussed ways to make it adhere properly – asked for feedback (Councilman Cortes: great, but could be scaled down) Environmental Commission and Green Team are concerned about recycling plan for Seafood Festival with the new layout – bins must be in the line of sight (Cathy Sogorka, Environmental Commission: will be placed over the recycling side of the trash/recycling cans – been working on it for years – talked to BA/CFO Riehl about it – they are ordered and here – will try to get them placed prior to the Festival; Councilman Cortes: will assist; Cathy Sogorka: suggested receptacle locations – Environmental Commission tried to encourage recycling last year, but there was nowhere to put it); Arts Committee and Environmental Commission will have tents at the Festival; lot of people are in attendance about Ordinance 2019-15, drafted by the Borough Attorney after consulting with people from all over the State – Governing Body received hundreds of emails – was some misinformation in the grass roots component – ordinance does not seek to criminalize or ban possession of Kratom or shipment into town, if purchased online – PPB is a 1½-sq.-mile municipality with limited resources – looking to tackle health concerns and usage problems – not here to debate whether or not Kratom has medical benefits or value – has read all emails and spoken to Kratom Association members who have flown in from Washington, DC, Kentucky and other places – FDA issued a warning letter about Kratom – it is banned in countries throughout the world and in multiple states – not looking to label it a narcotic – people are passionate about it and have uses for it and the argument is that deaths are due to adulterated Kratom – PPB doesn’t have the resources to check for adulterated products or to police claims – ordinance is because of the way it’s being sold as a cure-all and its effect on children – this is the most realistic way to protect kids and families – read the only email he received from a PPB resident who said Kratom sent him to detox, that he is addicted to it after taking it for anxiety, has spent thousands on it, has seen Kratom and tobacco products sold to minors in town and begging him to take action – his job is to look out for residents – ordinance ties Kratom to the mercantile license and bans retail sale in PPB; heard rumors that there may be a dog park coming, jetting out from the peninsula where Wendy's is toward McDonald’s – concerned about dogs getting out and about access through Wendy's lot – spoke with Wendy’s management, who are not in favor of access through their property (Mayor Reid: appreciates him looking into it – he is in conversations with DOT – it's DOT property – hopes they will approve – will bring it up when the time comes (Councilman Vogel; been discussed; Councilman Cortes: been looked at for years, different locations, prior to Councilman Kanitra being in office) not opposed to idea of dog park, but to things getting rammed through (Mayor Reid: just passed something about treating animals properly).
Councilman Migut: thanked all who worked on the bonfire – nice event – ran into a lot of people from town – hopes it is successful next year; reiterated Animal Welfare Committee fundraiser details; Planning Board will me on October 30th on a 3-lot subdivision on Trenton Ave. where a huge old house is now – Childers Realty has it listed – doesn't know if it's on the historic list (Councilman Kanitra: PPB’s historic list has no teeth) will create 2 conforming lots – Councilman Kanitra might want to call Greg Cox.
Councilman Santanello: at the next Recreation Committee, will talk about plans for the basketball program; invited all to participate in the Tug of War – need people for the PPBHS Alumni team – also need someone to volunteer to do communications for the event; gave Police report since last meeting – various training courses – Seafood Festival will be a busy day – Lt. Kowalewski is the Officer in Charge, Chief Michigan is the Incident Commander and Capt. Quaglia will assist in overseeing operations – all hands on deck – notices went out that the River Ave. parking lot will be shut down Friday, September 20th at noon – vehicles will be ticketed and impounded – BA/CRO Riehl will send out robo-calls informing of same – Dept. will be assisted by many other law enforcement agencies, with several canine teams brought in to assist with explosive sweeps – Police have concerns about what is put in garbage/recycling cans – DPW garbage trucks will be strategically placed around perimeters – mobile video cameras will be strategically placed throughout the event, along with other safety measures – Chief is confident the new layout will provide less crowding downtown and easier emergency vehicle access – recent arrests at Nobles Smoke Shop are an example of Police-community partnership – committed to keeping children and community safe – received several complaints and acted on those tips – encouraged reports of businesses selling e-cigarettes to underage individuals, and any other complaints; asked that item 1n be pulled for separate consideration – NOW RESOLUTION 3 (Councilman Kanitra: asked that items 1p and 1q also be pulled for separate consideration – NOW RESOLUTIONS 4 & 5).
Mayor Reid: PPBHS football team is 2-0 – was talk of closing the program last year – typical of people who just moved into town and don’t understand what PPB is about – bringing a lot of spirit back – was happy to see them play the other day; Seafood Festival and Tug of War are coming up – attended fundraiser for a little boy named Hunter on Sunday – hopefully raised a lot – Point Lobster owners did an amazing job – all businesses in town gave something – great event – next Saturday is the Alzheimer’s Walk, always a great event in town, with people from all over – that and the Cancer Walk in October are the largest walks in the country for their organizations – proud about that.
BA/CFO Riehl: no report.
The Municipal Clerk announced revisions/additions to the agenda.
PULIC PARTICIPATION BEGAN AT 8:18PM
Chris Sherry, PPB: spoke about 56 Sanborn Ave. property, abandoned since 1992 – multiple generations of raccoons living there – ordinance was passed in 2018 for unfit buildings – got 22 signatures – no progress – asked status (BA/CFO Riehl: 3 properties qualified – scheduled hearings – one complied and demoed on their own – other 2 came in or had a representative come in – had hearing – recommendations were to give properties until August 1 and September 1 to demo or list for sale or the Borough would move forward with demo – Borough Attorney has since recommended a Court Order (Attorney Zabarsky: Sanborn owner had until August 1 to demo or list for sale – there is a For Sale sign out – does not appear to be in multiple listings – owner lives out-of-state – letter went out – there were hearings and due process requirements were followed meticulously by the Borough Council and Administrator – owner did not choose to appear at the hearing – recommends proceeding with an Order to Show Cause and Verified Complaint and proceed to Court for appropriate Court Order for demolition and lien – has done this before for municipalities – usually a Court will sign an Order to Show Cause, with appropriate paperwork, which BA/CFO Riehl has provided him – Court usually gives 4-8 weeks to file a response – if owner is not going to demo, Judge can order it, town can do it, lien it and go from there – it's the appropriate process – have been a number of lawsuits filed by property owners where municipalities have taken it upon themselves to do what they thought were the proper things with hearings and demolitions – lawsuits have ensued and some have been successful – Court Order protects the municipality from liability – in a case in Brick, there were certain valuable items in the house and an Order was entered for judgement for monies to be paid for the valuables –appropriate to have due process in Court and have the protection of a Court Order (Councilman Kanitra: asked about timeframe; Attorney Zabarsky: usually, Judge will give 4-8 weeks to respond – can probably get something filed within a couple of weeks – BA/CFO Riehl has solicited bids for demo – once an answer is received, contract can be awarded at the next Council meeting; Attorney Zabarsky: can't give a definite timeframe – doesn’t speak for a Judge).
Marilyn Burke, PPB: asked about the RFP process/item 1r (BA/CFO Riehl and Councilman Vogel explained public purchasing); asked about 2d – number of cameras (Chief Michigan: 2 for tennis courts, 3-4 others; Councilman Santanello: cameras at the tennis courts will help catch those who have been cutting nets and vandalizing the bathrooms) read about using Ring doorbells for such.
Dave Cavagnaro, PPB: asked about 1b (Mayor Reid explained), Resolution 4 (Councilman Cortes: company that did Parkway and Washington – Shore Top did Phase I – were too busy and didn’t bid) and 1u, if available to public (Attorney Zabarsky: as redacted).
Vincint Castin, PPB: asked about item 1i (Councilman Santanello explained).
Anne Lightburn, PPB: sent a letter from the Open Space Committee regarding the kayak launch – not enough interaction with Lake Association homeowners for the first design which they paid money for – wants to ensure there are no objections from the homeowners or any insurance issues (Councilman Santanello: property belongs to the town, unlike the property on Boston Ave. – he and Councilman Cortes met with them – should not be any complaints – regardless of what decision Council makes, someone will be upset, but must make a decision) wants to be sure preliminary concepts are run by the Open Space and Recreation Committees, kayakers, etc. – need to talk to the right people (Councilman Santanello: will run by both Committees – there were 5 different opinions from Open Space – hopes they will come to a consensus) they said either side would be acceptable – one side would be amendable to the right kind of access – she is not an expert on that – need a robust discussion (Councilman Santanello: will seek Engineer Savacool’s opinion; Engineer Savacool sent an idea of something T&M did in Ortley Beach) candy cane ladder access would be a non-starter (Councilman Santanello: agrees) might want an emergency ladder, but only as part of the whole thing.
Albert Varosi, PPB: kayak location is a residential area with a narrow right of way – parking is short and well utilized in summer with volleyball people, bungalow renters and marine contractors – one-way street – a fire zone – asked who would maintain the area (Councilman Santanello: DPW) – there are clam shells at the end – bulkhead is caving and has a hole in it – street floods – handicap access and parking is required per ADA – 2 years ago there was a proposal for Boston Ave. – he recommended the north end of Baltimore Ave., where a proper ramp and dock with parking could be designed – 2 other good places are the end of Cedar Ave. and the end of Lincoln Ave.
Judith Shaw, PPB: house adjoins the canal – asked if State was approached about this (Councilman Santanello: Borough Engineer would do that) currently, most kayakers and paddle boarders are locals and don't come with cars – doesn't want more cars by their houses – parking is terrible and people turn in her driveway and put kayaks in the street while they look for parking.
Eric Pierce, Toms River, NJ: people of all ages use Kratom – some can't access it online and/or drive to get it – getting rid of it may affect local access – suggested higher penalties for underage sale.
Kelly Devine, Veterans Care Alliance Botanicals, KY: (Councilman Cortes left briefly) sends Kratom in care packages to Military Veterans all over the Country – been told it's prevented them from committing suicide – not a cure-all and doesn’t work for everyone – if they can afford it, she refers them to certified online vendors that comply to FDA standards – quoted statistics about Veteran suicides due to inadequate pain management – has helped her get off of disability – is 22 years sober and a suicide survivor – FDA and DOH deals with selling to minors (Councilman Kanitra: there is no actionable way to tackle store owners’ medical claims) FDA can be contacted to investigate (Councilman Kanitra: dozens of countries and multiple states and municipalities have banned this – his girlfriend's friend had a seizure after taking Kratom – don’t have resources to test for adulteration) liquid forms are more likely adulterated – Kratom Consumer Protection Act addresses this (Councilman Vogel: asked how it is prescribed) doctors don’t prescribe – have to research (Councilman Kanitra: may be drug interactions – Council doesn’t have the medical knowledge).
Susan Franklin, FL: has an online Kratom business – here to advocate for the storefront – a helicopter pilot, she suffered a back injury 15 years ago and became opioid dependent – is 4 years without big pharma medication – storefront would have been another avenue for her – there are products in stores from FDA-approved facilities – grandmothers use this – wants consumption legal everywhere – shop sales are important because many people don't know where to go online – when safe Kratom sale is banned, people take chances online – money will be spent on escalated EMT calls – don't want to create a black market – America was founded on freedom (Councilman Cortes: are benefits and side effects – asked about dosing) she packages a very low dose of 3 grams – does not trigger addiction (Councilman Kanitra: effects of higher doses of Kratom, according to the NY State Office of Alcoholism and Substance Abuse Services, are similar to Morphine – works on Opioid receptors and some of the brain’s chemical receptors related to emotional regulation and pleasure).
Mack Haddow, American Kratom Association (AKA): more than 15 million people in America use Kratom – some for pain relief as an alternative to opioids – been banned in countries because, in 2009, there were a cluster of deaths in Sweden – were determined to be from adulterated Kratom – DEA rescinded recommendation to ban it in 2016 due to public outcry – National Institutes of Drug Abuse studies have shown no addiction liability (Councilman Kanitra: DrugAbuse.gov still lists negative health effects and indicates it can cause dependence) there is a difference between dependence and addiction – House Appropriations Committee voted not to ban it – it is thousands of times safer than opioids – don’t regulate because of one bad actor – suggested calling the FDA about underage sales (Councilman Vogel: asked if components would prohibit one from employment or athletics) no bans by professional or State sports organizations – does not suppress respiratory system.
Heather McAllister, Freehold: scientist with rheumatoid arthritis and fibromyalgia – was addicted to pain killers and quit cold turkey – read statistics – Kratom helps control/eliminate pain – scientific community thinks it has a lot of potential – asked for age limit, not of a ban.
Christina Dalton, Union Beach: diagnosed with MS in 2014 – husband is a Veteran suffering from PTSD, anxiety and depression – both use Kratom – she no longer has pain and most lesions are gone – has not taken since pregnant, but has had no flare ups and will take after delivery.
Salah Merhi, Holmdel: (Mayor Reid left briefly) what’s illegal in one country and not in another is arbitrary – can get addicted to anything – one email seems like a small reason to ban a substance – harder to prosecute online vendors than brick & mortar ones – would be easier to ban under 21 sales (Councilman Kanitra: only looking at what's best for PPB; Councilman Vogel left briefly).
Jeff Schreiber, Watchung: took anti-depressants – after taking Kratom, mood became much lighter – helps a lot of people – subject requires a lot of care – harmless as an herb – can't overdose.
Anthony Dischler, PPB: sugar, a drug like cocaine, is more toxic than Kratom and alcohol is the enemy – Kratom helps his rheumatoid arthritis back pain and doesn't cause a high.
Charles Guittari, PPB: doesn't use Kratom – believes in personal choice and responsibility – any substance can be detrimental if abused – consider permits or will push adulterated product.
Edward Dalton, Old Bridge: a Veteran – suffers from anxiety and PTSD – attempted suicide – Kratom provides calm, focus and energy – only real thing that won't kill but will relieve pain.
Brian Skroski, Galloway: doesn't know about Kratom – uncle died from cancer – this could have kept him from debilitation (Councilman Kanitra: Alkaloids in Kratom could have those effects).
Kevin Struble, Hillsborough, NJ: here on behalf of Kratom consumers and supporters and concerned citizens – in a snowboarding accident at age 23 – people die from legally prescribed opiates – Ocean County is one of the hardest hit regions – was on opioids for 5 years, then on Suboxone – felt his body shutting down – cut his doses – looked for natural remedies from certified online vendors – afraid of the domino effect – been using Kratom daily for 3 years – healthiest he has been in 15 years.
Tom Fastuca, PPB: against Kratom sale in PPB – predominately to children, off the shelf.
Art Gant, PPB: lot of mis-facts – all kinds of bad side effects to Kratom – an opiate-like plant – store in PPB sells to underage kids everyday – shouldn't be sold here – not saying it can’t be used.
PULIC PARTICIPATION ENDED AT 10:01PM
Motion by Councilman Migut to close public participation was seconded by Councilman Santanello and carried by consent of Council. Motion by Councilman Migut to approve the items listed below was seconded by Councilman Kanitra and carried by roll call vote.
1a Approval of payment of Payroll #19 ($352,328.63)
1b Approval of pymt to Gruskin Architecture for MyDowntown Mobile annual support ($3,900)
1c Approval of payment to BTMUA for August bulk water usage ($171,855)
1d Approval of amendment to Res. 2019-0820/1bb to provide S/E fee waiver for Antrim PTO
1e Approval of PO to Service Tire Truck Center for DPW rims/tires/repairs ($3K)
1f Approval of PO to Keystone Plastics for DPW brooms ($5K)
1g Approval of 6 W/S relief requests
1h REMOVED PRIOR TO MEETING
1i Approval of payment to All Covered for Sept. IT maintenance/support/monthly fee ($4,436)
1j Approval of payment to Bluegrass Playgrounds for Pleasure Park swings ($6,467)
1k Approval of pymt to Gavan Gen’l Contracting for Municipal bldg basement wall imp ($10,280)
1l Approval of payment to Solitude Lake Mgmt for Lk of the Lillies weed treatment ($2,790)
1m Auth. to go out to bid on the Boston Ave. bulkhead, in accordance w/modified CAFRA permit
1n CONSIDERED SEPARATELY AS RESOLUTION 3
1o Pymt to Mark Woszczak Mech. Contractors for emergency repairs at 112 Channel ($3,709.80)
1p CONSIDERED SEPARATELY AS RESOLUTION 4
1q CONSIDERED SEPARATELY AS RESOLUTION 5
1r Award of contract to Landtek Const/United Terrain Grp, Arnold Sidewalk Imp. ($189,708.50)
1s Approval of payment to Riggins for DPW diesel fuel ($4,764.87)
1t Approval of payment to Versalift East for DPW bucket truck certification/repair ($2,808.67)
1u Approval of 8/20/19 closed session minutes
1v Approval of curb cuts at 500 Forman Ave. & 329 River Ave. – ADDED PER DH MEMOS
1w Approval of pymt to D&D Glass for safety glass installation in door ($467.50)
– ADDED PRIOR TO MTG
CONSENT RESOLUTION 2:
2a Approval of payment of computer-generated vouchers ($1,407,801.91)
2b Approval of PO to Winner Ford for 4×4 crew cab Police vehicle ($48,379.61)
2c Approval of PO to Wilmac Business Equip. for Police software svc/maint. renewal ($3,660)
2d Approval of pymt to NJ Business Systs for PD camera at tennis court/playground ($55,001.75)
2e Approval of PO to ESI Equipment for Holmatro Equip Svc Agmt for Fire Co. No. 2 ($2,705)
2f Approval of pymt to Firefighter One for CMC LEVR escape syst for Fire Co. No. 1 ($19,998)
VOTE: Councilmen Vogel (except 1u & 2), Cortes, Kanitra, Migut (except 2a, 2e, 2f),
Santanello….YEA
Councilman Vogel (1u & 2), Migut (2a, 2e, 2f)….ABSTAIN
Councilman Toohey….ABSENT
Councilman Santanello: astonished at the controversy over the kayak launch site on Harvard Ave. – talked about this for several years – just having Engineer Savacool apply for permit, advise which side of Harvard is better, ensure ADA legality and share ideas (Councilman Kanitra: as a beach town, should have water access geared toward locals – would be concerned with dedicated parking for ramp on the east side of Harvard – if this is essentially for locals carrying kayaks, can support it – spoke with John Olson from Homeowners Association who said they are not for or against) Mr. Olson is one of the ones who suggested Harvard Ave. (Councilman Kanitra: asked if anything would be changed with parking – spots taken away, etc.) no – he would vote against something like that (Councilman Cortes: there are a couple of parking spots – they would not be designated) that is something that Engineer Savacool would have to advise on – leaning toward the east side (Councilman Cortes: another concern with the west side is that Harvard is one-way in summer; Councilman Kanitra: most concerned citizens are on the west) Open Space did not have an opinion (Councilman Kanitra: can support east, not west; this is just to apply for CAFRA permit – Engineer will talk to Open Space and stakeholders and advise – the start of the process (Councilman Kanitra: asked that Engineer be requested to look into the east side first and, if not viable, the west; BA/CFO Riehl: can suggest that and ask for reasons why; Councilman Vogel: west side is paved to the end – more access – private property concerns on east – yellow curb west of Randall; Councilman Migut: looks forward to Engineer’s recommendation).
Motion by Councilman Santanello to approve RESOLUTION 3: Authorization for T&M to apply for a CAFRA permit for a kayak launch site on Harvard Ave. was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Migut, Santanello….YEA
Councilman Toohey….ABSENT
Councilman Kanitra: asked BA/CFO Riehl to ensure RFP for multi-use building with quality aesthetic that mirrors Borough Hall – people on Cooks Ln. will have to look at it for 30-40 years.
Motion by Councilman Migut to approve RESOLUTION 4: Authorization to issue an RFP for architectural services for the Seacoast Oil property was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Migut, Santanello….YEA
Councilman Toohey….ABSENT
Councilman Kanitra: Earle has messed up more than 50% of the town’s projects in the last couple years– asked that the Borough Attorney look into the use of “qualified bidder” or “prior negative experience” – lights were out on Parkway for months in the middle of summer because Earle cut the electrical wires – said it was JCPL’s fault – they’ve messed up slope on other roads in town – can think of 3 projects and has only been on Council for 1½ years – concept in NJ is messed up that lowest bid wins and the municipality’s only recourse is “prior negative experience” or “qualified bidder” – they’ve had to be threatened to fix projects – setting up to be in another situation like this –St. Louis project is $1/2M through the most vital stretch in town – noted potholes, accidents and drainage (Councilman Cortes: has no love loss for Earle – lives on Washington – contacted the County 10 years ago when that started to flood – Earle and County pointed fingers at one another – on Parkway, they cut the streetlight wire in one location and put in a pipe for the power company to utilize – they went back and forth – personally, thinks some lights were older and it was a tool for the power company to replace all the lights) they all went out right as they were finishing their section – a huge coincidence (Councilman Cortes: there are 3 feeds on Parkway – would love to use the next bidder; Mayor Reid: bid laws in NJ are very strict; Attorney Zabarsky: can’t give an answer off the top of his head without looking at all bids and conferring with Engineer – there is a provision for failure to perform on a previous contract – “prior negative experience” must be through judicial proceeding, which has not occurred or performance unsatisfactory on a previous contract – would have to look at the case interpretation of that and look at the bids before he could give an answer as to whether they would be disqualified as the most responsible bidder on that issue – had no notice to look at this previously) asked BA/CFO Riehl about previous problems with grading and slope (BA/CFO Riehl: Harvard; Councilman Santanello: suggested holding it until Attorney Zabarsky looks into).
Motion by Councilman Cortes to HOLD RESOLUTION 5: Award of contract to Earle Asphalt Co. for Improvements to St. Louis Ave/Phase II ($485,913.13) was seconded by Councilman Kanitra and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Migut, Santanello….YEA
Councilman Toohey….ABSENT
ORDINANCE:
Ordinance 2019-15 (Amend Ch. 5/Prohibit Sale of Kratom) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2019-15 on first reading was seconded by Councilman Kanitra and carried by roll call vote. The public hearing will be held on October 1, 2019.
VOTE: Councilmen Vogel, Cortes, Kanitra, Migut ….YEA
Councilman Santanello….NAY
PUBLIC PARTICIPATION BEGAN AT 10:21PM
Dave Cavagnaro, PPB: spoke about street lights that are out and Jenkinson’s dunes.
Mack Haddow, AKA: would support age limit and vendor registration fee to give freedom to consumers – will send Council the framework (Councilman Cortes left briefly).
Vince Castin, PPB: not about prohibiting use – can buy it elsewhere; thanked Council for lowering lake – would be beneficial to keep that way.
PUBLIC PARTICIPATION ENDED AT 10:28PM.
Motion by Councilman Santanello to close public participation and adjourn was seconded by Councilman Kanitra and carried by consent of Council. Meeting was adjourned at 10:28PM.
Eileen A. Farrell, RMC
Municipal Clerk
