April 21, 2020

Borough of Point Pleasant Beach
Council Meeting Minutes
April 21, 2020

Due to the Point Pleasant Beach Public Health Emergency and State of Emergency declared on March 16, 2020, in response to the COVID-19 outbreak and the directive that all events on Borough property by cancelled until further notice, this meeting was held via the online Zoom Meeting platform/Meeting ID: 665 942 705The public had the option to participate online or via telephone. Instructions were published in the Ocean Star and Asbury Park Press and posted in Borough Hall and on the Borough web site.
 
            Mayor Kanitra called the meeting to order at 7:00PM. Present were Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello and Migut. 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 Vitale to approve the April 7, 2020 Council meeting minutes was seconded by Councilwoman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello, Migut…YEA
 
COMMITTEE REPORTS:
 
            Councilman Vitale: Chief Michigan formed a Compliance Unit, let by Sgt. Siculietano, to handle daily complaints – Neighborhood Partnership Initiative Facebook page is still active with information – will commence meetings when quarantine is lifted; second reading of the water main replacement ordinance is on the agenda; will vote at the next Recreation Committee meeting on the Director and Asst. Dir. positions – quarantine events for all ages are linked on the Rec Facebook page and web site; the Cybersecurity Policy and Incident Response Plan he created are on the agenda as item 1e – next steps are to identify an incident response team, create a training program for Borough employees and work with the IT vendor to implement controls (Mayor Kanitra: thanked him for his work on cybersecurity – town will benefit; Chief’s Compliance Div. is great – have already responded to a host of aspects of the pandemic).
 
            Councilwoman Testa: the Beautification Committee thanks the Fisher family for their donation – the town signs are being refurbished; the Cultural Arts Committee is teaming up with Recreation on a sign decorating contest – Point Beach Strong is the theme – more information to come; school resumes Monday – Bd. of Ed. will keep everyone posted on year-end items; asked for permission to work with the Engineer and Quality of Life Dir. on a $1M Bike Ways Grant for 2021 – application due in July – would be a great way to start the Street Smart initiative – focuses on developing infrastructure that promotes safety and quality of life protections for the biking community (Mayor Kanitra: QOL Dir. O’Rourke’s contacts at the State will help a lot on that front – lot of work, but will make PPB more pedestrian- and bike-friendly – thanked her) item was added as 1q.
 
            Councilwoman Byrnes: thanked all first responders, Police Dept. under the Direction of Chief Michigan, Mayor and Council, BA/CFO Riehl, Clerk Farrell, Board Secretary Mills, just to name a few –   all have all played an integral role in keeping the community safe and well-served; extended sincere condolences to the family on the loss of Dawn Brodeur, loving wife of Dep. Fire Chief Mike Brodeur, mother to Sarah and Ryan, an active member of Ocean Fire Company Ladies Auxiliary and a substitute teacher at PPBHS – a great loss to the whole community; last week, she attended a virtual meeting with Mayor Kanitra, Chief Michigan, BA/CFO Riehl, Fire Chief Ryan and a JCP&L executive about responsiveness to downed wires and first responders’ responsibilities – thanked BA/CFO Riehl for putting it together; the Fire Dept. responded to a structure fire on Easter morning, in the apartment above Kohrs on the Boardwalk – sprinkler system kept the fire manageable until the Dept. arrived – likely caused by a faulty refrigerator motor; the Green Team and Sustainable Jersey have had a positive response to actions to be submitted in June; the Shade Tree Commission will schedule time to attend to downtown trees, while complying with social distancing guidelines – getting spruced up for a bustling season, whenever that may be – they added 9 new trees in various locations, with 4 more being added to the 100 block of Atlantic and 4 more to Niblick; St. Gregory’s Pantry closed on March 20th, so St. Mary’s created an emergency food project during these perilous times – Mayor Kanitra was right on top of this – they are extremely grateful for the numerous volunteers and donations – at last check, 48 PPB families received help, many received a hot meal and nobody has been turned away (Mayor Kanitra: said Councilwoman Byrnes is really starting to hit her stride – is clear how much she cares – appreciates her recognition of Dawn Brodeur and how she is preparing the town for return after the pandemic).
 
            Councilman Cortes: recognized employee Chris Burger’s 18-year anniversary; the Chamber placed some well-made signs on Bay and Arnold Aves., with the Beautification Committee’s permission, that say Stay Strong, We’re In This Together and Be Safe; was in Borough Hall signing purchase orders – there was one from Maser with things he didn’t know were being done – things that would fall under Buildings & Grounds – a lot is outreach to the Mayor and Borough Officials – has never been copied on any emails – as chair of the committee, would appreciate an e-mail about any meetings (Mayor Kanitra: asked what would be Buildings & Grounds – been spending 15 hours/week working things on things like historic preservation and the Master Plan revision – without involving the entire Council, has taken a lot on himself and needed some advice) maybe he should give all the reports then – mentioned the bandshell and outdoor seating – would like an e-mail to know that he is on top of it – knows the Mayor likes to take on everything, but Council is here to help with the heavy workload – that’s why they chair committees (Mayor Kanitra: will bring him in, if there is anything he thinks falls under Buildings and Grounds – for now, it’s been very broad stroke, conceptualization stuff) brought up public property like Little Silver Lake, bulkheads, etc. – it’s about transparency (Mayor Kanitra: unlike past administrations, he writes every e-mail from his pointbeach.org account – it’s all  OPRA-able – will try to keep him in the fold – like with Lincoln Ave., he was on the periphery) asked if the implication was that he should file an OPRA request (Mayor Kanitra: just saying there is nothing he is trying to slip by) he wasn’t saying that (Mayor Kanitra: not trying to be combative – gets the point – will try to pay attention and bring him into the fold more, when appropriate).
 
            Councilman Santanello: echoed Councilman Cortes’ comments – supposed to be strong Council/week Mayor government – it’s appropriate to bring him in on anything that involves his committee, as he is the committee chair – currently seems to be a strong Mayor/strong Borough Attorney/strong henchmen-type government and completely eviscerated Council – while not knocking them, has heard nothing about licensing from Arlene and nothing about Streets and Water from Doug, even though there are invoices – Council should be involved, even though the Mayor would like to marginalize them – they are not involved in the committees that they are on.
            Mayor Kanitra: for about the last 3 years, in previous administrations, Councilman Migut wasn’t copied on many e-mails or involved in many projects, but he has been doing a lot with the Budget and he appreciates that.
 
            Councilman Migut: Planning Board Attorney Galvin reached out to the DCA for permission for a virtual Planning Board meeting next week, just to pay bills, there is no application – not sure if he got permission to do Zoning Board meetings that way – that would be more onerous, as there are multiple applicants – but are going more virtual, so the town will be a little more open; missed the teleconference on the Budget – will call BA/CFO Riehl tomorrow about it (BA/CFO Riehl: that’s fine) his computer is mostly useless now, as Apple Care is closed and he can’t get it fixed until after the pandemic.
 
            Mayor Kanitra: had a sobering phone conversation with the daughter of the first PPB individual who passed away from COVID-19 – he lived a full life, was a commercial fisherman and grew up a block or so from where he, himself, grew up – put a lot in perspective – people are stir crazy and looking to return to normalcy – this gentleman was 80 years old and a little immunocompromised, but his life was just as valuable as anyone else’s and his family is mourning him, as much as any other family would – are all doing this for the greater good of PPB; have been morning conversations with the Police Chief, Borough Admin. and OEM Dir., starting the discussion on preparing and conceptualizing how to start to return to some bit of normalcy – there are restrictions that can be eased, as long as numbers start going down – over the last 2 weeks, numbers in PPB have not gone down – getting 0-2 new cases on a regular basis – have to ensure to handle appropriately and treat seriously – can’t take the wrong steps and move too quickly or will have a second wave, everything will have been for naught and the economy will be ravaged even more – urged all to stay the course – looking at more recreation options – per the Governor’s office, parks and golf courses will be some of the first things reopened – when that happens, will likely look at the Inlet and ball fields where residents can recreate – maybe limited beach opening for residents first, as a phase-in period – everything is on the table, from the gradual decline of the vacation rental and CO restrictions, down to the beach and, eventually, the Boardwalk – will be done in the right manor – next couple of weeks will be crucial – where PPB sits on May 1st will be very telling about what can be done and where some financial relief can be provided – depends on Governor’s directive and leeway, transmission rates and how the town can be kept town safe; thanked QOL hires O’Rourke and Balzano – residents are thrilled with their work – Kristen has fielded 70+ calls from residents and businesses for help with unemployment, loans, grants, funding for commercial fishermen, etc. – will focus on getting the town in shape for reopening – will start with repainting of curbs and weed control – Rob has been picking up trash – residents around Lake of the Lillies are happy about the job he has been doing; is wearing his Point Beach Strong t-shirt, a wonderful Chamber initiative – on the Chamber’s web site – $25 will go toward reopening businesses – urged all to purchase; need a ceremony to honor everybody playing a role in this pandemic – not just the first responders – will find a way to thank them properly when this is over.
 
            BA/CFO Riehl: Engineer Savacool met with Earle last Friday to review the St. Louis Ave. punch list items – will start within the next week or so; the Locks of Love concept was approved by the Parking Authority – construction will begin – downtown signs were ordered; GovPilot contract was submitted – have been pushed to the top of the list; applied through OEM for public assistance for the COVID pandemic – list of expenses is being submitted, as incurred; Bird Construction will be on site this week to swap out red cedars at the Inlet, Enviroscapes will be on site this Friday to start new planting and swap out shrubs and bushes at Lake of the Lillies – Albert Marine has been supplying dirt for replanting at Little Silver Lake and hopes to finish by April 30thst, with a late day of May 10th – as of now, the Division has not given relief for an extension or lowering (Mayor Kanitra: Federal stimulus bill passed today may forgive CDL – Congressman Smith’s office is looking into it – talked to Senator Menendez’ office today about bi-partisan Senate companion legislation; commended BA/CFO Riehl as CFO – her fiscal responsibility over the last decade has put PPB in a much better position than others – are in an absolute worse-case scenario and are well-positioned – a  testament to her work).
 
      Clerk announced additions and revision to agenda.
 
PULIC PARTICIPATION BEGAN AT 8:05PM
 
            Councilman Vitale asked all attendees to mute their lines, if not speaking (Councilman Cortes: and turn off background noise).
 
            Dave Cavagnaro, PPB: asked about Ordinance 2020-09 (Attorney Riordan: 3 strikes and other procedural mechanisms are addressed – primary change is effective dates – best to do 2 readings – date of enactment is irrelevant), about 1c, when Historic Preservation Ordinance would be on agenda, about 1h, urging no plants in planter where building seems with basement; asked about 1j and 1o.
      Marilyn Burke, PPB: asked PPB’s position on summer rentals and about NJ Coastal Coalition.
            Vince Castin, PPB: asked how much reopening will be PPB’s decision and how much will be the Governor’s and about any discussions with the Boardwalk; gave accolades to Council, BA/CFO Riehl, and everyone doing a heck of a job – appreciates it; asked the status of COVID cases in PPB.
      E.J. Geiger, PPB: in terms of COVID and reopening, must look at the whole area, not just PPB.
      Councilman Santanello: on behalf of constituent, asked if PPB has cyber liability insurance.
            Chuck Venedam, PPB: Mayor discussed opening beaches for residents only – asked if non-residents will be able to come down and open their houses and do maintenance for the summer.
            Tim Allen, PPB: thanked Police and Fire Depts. – left message for DPW yesterday about a sign that blew down – they replaced it this afternoon; QOL Dir. O’Rourke is very pleasant and responsive.
            Gabriele Sganga, PPB: thanked Mayor for returning his call and helping him – everyone in Borough Hall is nice to him and his wife; asked if his tenant should not come to his summer rental unit.
 
PULIC PARTICIPATION ENDED AT 8:35PM

            Motion by Councilman Cortes to close Public Participation and approve the items listed below was seconded by Councilman Vitale and carried by roll call vote.
CONSENT RESOLUTION 1:
1a     Approval of payment of Payroll #8 ($227,089.90)
1b     Approval of new date for Kuhlwein’s Walk on Bdwk, 9/27, pending State of Emergency directives
1c     Approval of Maser scope/proposal for Planning Svcs/Historic Pres ord, subject to atty review ($7K)
1d     Authorization for Borough to participate in the NJ Coastal Coalition
1e     Adoption of Borough cybersecurity policy and incident response plan
1f      Resolution urging that OC resident fill Turnpike Authority Bd of Commissioners vacancy
1g     Approval of payment to All Covered for software/monitor installation & online license ($8,840.91)
1h     Approval of payment to PNG Designs for hardscaping project/patio ($16,100)
1i      Approval of payment to NJ DCA for 1st quarter State Training fees ($2,784)
1j      Authorization to enter Food Shack lease agreement through November 1, 2021
1k     Approval of payment to Bains Point Hardware for paint and shelves for basement ($3,149.56)
1l      Approval of payment to USPS for prepaid postage ($3,500)
1m    Approval of payment to Integrated Technical Solutions for pay machine svc contract ($25,425)
1n     Approval of payment to BTMUA for March bulk water usage ($47,556)
1o     Approval of payment to Vehicle Tracking Solutions for Silent Passenger subscription ($14,694.12)
1p     Auth. for Lasting Lines to paint curbs & parking stalls throughout town (NTE $30K) – PER BA/CFO
1q     Auth. for Councilwoman Testa to work w/Engineer & QOL Dir. on $1M Bike Ways grant for 2021 – PER CMTE RPTS
CONSENT RESOLUTION 2:
2a     Approval of payment of computer-generated vouchers ($1,319,497.93)
2b     Approval of payment to ClorDiSys for UV disinfecting lantern for COVID-19 for PD ($3,750)
2c     Approval of payment to Airpower Int’l for 7th year of service contract for Fire Co No 2 ($3,813)
2d     Approval of payment to Servpro for twice disinfecting First Aid mobilization unit ($3,327.08)
2e     Appointment of G. Siculietano to the provisional position of Police Sergeant
2f      Approval of payment to Motorola for all band consolettes & MP mobiles for PD ($27,562.90)
2g     Approval of payment to Winner Ford for 2020 Ford F150 Crew Cab & police kit ($48,379.61)
2h     Support for “UDrive. UText. UPay.” distracted driving crackdown grant                        
VOTE:  Councilmembers Vitale, Testa, Byrnes, Cortes (except 1c), Santanello (except 1c, 1d, 1o, 1p,
                  2b, 2e, 2f, 2g, 2h), Migut (except 2a, 2c)…YEA
                              Councilmen Cortes (1c), Santanello (1c, 1d, 1o, 1p)….NAY
                                          Councilmen Santanello (2b, 2e, 2f, 2g, 2h), Migut (2a, 2c)….ABSTAIN
 
ORDINANCES:
 
            Bond Ordinance 2020-06 (Replacement of Water Mains – Ocean Avenue) was considered on second reading. Mayor Kanitra opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Cortes to close the public hearing and adopt Bond Ordinance 2020-06 was seconded by Councilman Migut and carried by roll call vote.
VOTE:  Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello, Migut…YEA
 
      Councilman Santanello exited the meeting.
 
            Motion by Councilman Cortes to approve Ordinance 2020-08 on first reading was seconded by Councilman Migut and voting began when it was discovered that Councilman Santanello has exited the meeting too soon.   Attorney Riordan recommended moving on from Ordinance 2020-08 until Councilman Santanello returned to the meeting
 
            Attorney Riordan recommended a motion to withdraw Ordinance 2020-07 and then a motion to introduced Ordinance 2020-09.  
 
      Councilman Santanello returned to the meeting and then exited again.
 
            Ordinance 2020-07 (Amend Ch XXVII, Section 27-3a – Seasonal Rentals) was considered on second reading. Mayor Kanitra opened the public hearing. Motion by Councilman Migut WITHDRAW Ordinance 2020-07 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Migut…YEA
                  Councilman Santanello….RECUSED
 
            Ordinance 2020-09 (Amend Ch XXVII – Revision to Rental License) was introduced on first reading. Motion by Councilman Cortes to approve Ordinance 2020-09 on first reading was seconded by Councilman Vitale and carried by roll call vote. The public hearing will be held on May 5, 2020.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Migut…YEA
               Councilman Santanello….RECUSED
 
            Councilman Santanello returned to the meeting.
 
            Ordinance 2020-08 (Amend CH 5 to Address Kratom) was introduced on first reading. Motion by Councilman Cortes to approve Ordinance 2020-08 on first reading was seconded by Councilman Vitale and carried by roll call vote. The public hearing will be held on May 5, 2020.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello, Migut…YEA
 
PUBLIC PARTICIPATION BEGAN AT 8:46PM
 
            Dave Cavagnaro, PPB: asked about ordinance 2020-09, if Budget will be available online before introduction and when the online town calendar will be operational.
            Vince Castin, PPB: asked the difference between essential and non-essential and if that can be determined town by town.
            Tony Andretta, PPB: asked Chief Michigan what’s the best method, in non-emergency, to reach out to Police – has left a couple of messages.
      E.J. Geiger, PPB: netting used last year to hold down grass seed is coming up and is a hazard.
 
PUBLIC PARTICIPATION ENDED AT 8:52PM
 
            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: employee’s appeal of Administrator’s denial of grievance. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.” Motion by Councilman Cortes to enter Executive Session was seconded by Councilman Vitale and carried by roll call vote.
VOTE:  Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello, Migut…YEA
 
CLOSED SESSION BEGAN AT 8:58PM AND ENDED AT 9:25PM.
 
            Mayor Kanitra reconvened the regular meeting at 9:29PM. Present were Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello and Migut.
 
            Motion by Councilman Vitale to approve RESOLUTON 3: Sustain decision of Administrator, denying employee grievance (CLOSED SESSION ITEM) was seconded by Councilman Santanello and carried by roll call vote.
VOTE:  Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello, Migut…YEA
 
            Motion by Councilwoman Testa to adjourn was seconded by Councilman Migut and carried by consent of Council. Meeting was adjourned at 9:31PM.
 

                                                      ATTEST: _______________________________
Eileen A. Farrell, RMC
Municipal Clerk