Borough of Point Pleasant Beach Council Meeting Minutes
August 16, 2022
Held in-person at Borough Hall Council Chambers, 416 New Jersey Avenue, Point Pleasant Beach.
Live streamed via https://www.youtube.com/channel/UCflODKbSFakXUEKiyxSYdUA/live
The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
Mayor Kanitra called the meeting to order at 7PM. Present were Councilmembers Vitale, Byrnes, Ramos and Migut. Councilwomen Testa and Crowley were 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: (2) Attorney-Client Privileged Matters. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.”
Motion by Councilman Ramos to enter Executive Session was seconded by Councilman Migut and carried by roll call vote.
VOTE: Councilmembers Vitale, Byrnes, Ramos, Migut….YEA
Councilwomen Testa, Crowley….ABSENT
CLOSED SESSION BEGAN AT 7PM AND ENDED AT 7:30PM.
Mayor Kanitra called the regular meeting to order 7:33PM. 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.” Present were Councilmembers Vitale, Byrnes, Ramos and Migut. Councilwomen Testa and Crowley were absent.
FLAG SALUTE, INVOCATION
APPROVAL OF COUNCIL MINUTES:
Motion by Councilman Vitale to approve the July 19, 2022 Council meeting minutes was seconded by Councilwoman Byrnes and carried by roll call vote.
VOTE: Councilmembers Vitale, Byrnes, Ramos….YEA
Councilman Migut….ABSTAIN
Councilwomen Testa, Crowley….ABSENT
DEPARTEMENT HEAD MEMOS: ZO Savacool RE Curb Cut Requests:
BA/CFO Riehl: addressed the request at 205 Randall Ave. – T&M’s recommendation is neither way – if allowed, will lose 1 parking space on Randall (Mayor Kanitra: asked if they currently have a driveway) they are trying to reconfigure – moving the driveway location (Atty. Riordan: asked BA/CFO Riehl if she spoke to AZO Savacool) no (Atty, Riordan: he did – AZO Savacool said he didn’t think it was a good idea because a space would be lost and they could easily leave it where it is; Mayor Kanitra: Randall has no parking already – residents complain – questioned if this can be reconfigured in a different location; Atty. Riordan: Acting ZO Savacool said it could; Mayor Kanitra: someone’s aesthetic choices shouldn’t take away a parking spot in a vitally-needed area) there are very few spaces on Randall; Councilman Migut: saving a space is important in that area – all agreed) NO ACTION TAKEN.
BA/CFO Riehl: the Trenton Ct. subdivision will create 3 13’ 1-car curb cuts – necessary for the subdivision perfection (Mayor Kanitra: asked if it’s taking away anything) it’s all new (Atty. Riordan: Trenton Ct. is west of the High School – subdivision is already approved; Mayor Kanitra: not done, they don’t have driveways; Atty. Riordan: correct) sees no reason not to move it forward – ADDED AS 1EE.
COMMITTEE REPORTS:
Councilman Vitale: recognized employee anniversaries for August – Patty Kile 10 years, Judge LePore 2, Colette Betz 8, Joshua Woszczak 2; gave the Chief’s report since the last Council Meeting – 28 arrests and 277 Borough ordinances – PD conducted a pedestrian decoy operation at Rte. 35N & Maryland Ave. and Broadway & Chicago Ave. – 17 Borough ordinance violations issued – last week, PD began educating bicyclists and electric bicycle riders on the rules of the road – hang tags, in English & Spanish, with information to obey traffic signs, signals, ride with traffic, make sure bike has a horn, ride with front & rear lights, wear bright visible & reflectorized clothing and a helmet – the educational campaign will continue through the year – extended thoughts and prayers to the PPB PD, Sgt. Drew & his wife for the loss of Canine Loki, who passed away today; tomorrow, the Recreation Committee will be concluding the free Summer Concert Series at the Bandshell with Anthony DiDio, Sinatra impersonator, 6PM-9PM, with Jersey Shore BBQ selling food – Summer Camp ends on Friday – hugely successful with 211 kids – thanked Dir. Yates, Asst. Dirs. Yengo & Longo and the Counselors for their hard work and dedication – will have a year-end party on Friday – Bags on the Beach cornhole tournament is on August 28th at Jenks North Beach, 12PM-4PM – still time to register as a team or individual – more information is on the Recreation Facebook page – final preparations are underway for the Bonfire on Sept. 10th and Kids Fishing Derby on Sept. 18th – Recreation is heavily involved in the planning of the Manasquan Inlet Tug-of-War on October 1st, 11AM-4PM – more information to come – always looking for new committee members; got word from Cybersecurity and Infrastructure Security agency that we are in their que to start vulnerability testing on our public-facing servers and web sites – asked BA/CFO Riehl about the DOT GOV switchover (BA/CFO Riehl: there is a conference call with Christopher and All Covered).
Councilwoman Byrnes: the Fire Dept. answered 180 calls to-date – are ready and prepared to serve the community – thanked them for all they do – the Fire Companies attended NJ Gas classroom training, with Part 2 of the class tomorrow night – membership is up in both Companies; Shade Tree Commission is gearing up for another robust fall planting season – initiatives that help these are the Big Beautiful Tree Program, the new Commemorative Tree initiative (introduction soon) and Nominate Your Block – thanked BA/CFO Riehl for her help assisting them to achieve their goals; Golden Gulls held their first BINGO – another nicely-attended event – volunteers are there to ensure the guests have a welcoming and enjoyable time – are busy planning social events including a Fireworks Cruise on Sept. 1st, $50/person with music, pizza, sandwiches, beer, wine and soft drinks – on Sept. 10th, the Little Red Library will serve as a source of distribution for Project ICE packets.
Councilman Ramos: Antrim School is having new HVAC systems installed and the gym will be fully air conditioned for the first time – both Antrim and the PPBHS have ordered replacement electronic signage for the school exteriors – both schools are fully staffed and ready to open in the next few weeks – fall sports are underway – saw the football team practicing today; the Environmental Commission is continuing to work diligently on 2022Sustainable NJ initiatives – they’ve put together a comprehensive anti-idling program – he forwarded it to everyone and received positive feedback – to help the environment and help save money on fuel costs – hopes to continue discussion for the next Council meeting and bring to fruition quickly; he attended the Non-resident Taxpayer Association (NRTAC) meeting on Aug. 6th with the Mayor and Chief – was well-attended with over 200 people – a panel and Q&A session for residents and non-resident taxpayers – his presentation focused on school and school safety, as former BOE President – engaging, informative, well-received and appreciated; there is a shoaling issue with a sand bar forming along the Jetty at the mouth of the Inlet – he met with Cong. Smith about it yesterday at the Inlet to show him – Cong. Smith reached out to the Army Corps Commander, who is sending their assessment team this week to evaluate for possible emergency dredging – gave BA/CFO Riehl a copy of Cong. Smith’s letter – hopes for resolution to that issue.
Councilman Migut: showed the Animal Welfare Committee t-shirt, which will be available at the Last Wave Brewery fundraiser in late-Sept. for $20; the Parking Authority (PA) is having a tough time with its budget – asked that they be penciled in for Nov. reallocation, to get them through the year (BA/CFO Riehl: gave them $5K more this year than last – asked if PA is moving forward with the ATM installation in the parking lot) the bank has to go to the Planning Board with that (BA/CFO Riehl: the PA will receive revenue for the placement of that machine – maybe up to a couple thousand/moth – will make a note in Nov. at the start of the Budget process) they suspended a couple meetings to save on administrative costs (BA/CFO Riehl: good idea; Mayor Kanitra: asked about looking at the PA and what percentage of the budget goes towards professional and administrative fees; BA/CFO Riehl: sure)
MAYOR’S REPORT:
Mayor Kanitra: on behalf of the Governing Body, extended heartfelt, sincere condolences to family of Raul Cartegena, the young individual who passed away at the railroad crossing this past week – a Point Boro resident – incident occurred in PPB – no two closer communities – we feel each other’s pain – are actively awaiting the investigations to conclude; NRTAC meeting was well-run, productive – 40% there were residents – people were able to get the lay of the landscape in PPB from a volunteer standpoint, First Aid, Police, Fire, Council, Committees, Code Enforcement – saw the surveys – everyone is happy – are always little things to be working on and it’s important – gave all in attendance his cell phone number – it’s been ringing off the hook – last year, QOL Dir. O’Rourke did an excellent job listing every comment – we get back to every single one and spend a lot of time exploring, researching and trying to find solutions – great exercise in transparency; BINGO was incredible – loves seeing seniors having a good time in a packed room (Councilwoman Byrnes: all enjoyed themselves – there was a lot to it) a fun bunch – doesn’t get done without the volunteers; he and QOL Dir. O’Rourke met with the NJ Offshore Assoc. a couple weeks ago – want to make it function better this year – will form an ad-hoc group – invited volunteers to find sponsorships, help on race date, coordinate media awareness across the tri-state area, etc. – can reach out to him or QOL Dir. O’Rourke.; extended condolences to Canine Loki, his family, Paschal and Missy and the entire PD – he served our community well and was a good dog – will be missed – lived out his last years in a good situation; appreciates Councilman Ramos meeting with Cong. Smith on the shoaling – Cong. Smith has been working tirelessly on that – all it takes is one boat to rip through the Inlet and create a lot of wake – could wash someone into the Inlet leading to a massive problem – in addition, the Corps surveys showed there are plenty of hot spots in the Inlet – Bogan was finding spots at 9-ft.-deep and some commercial clamming boats need 10’ – could quickly become a real situation here – appreciates all taking it seriously – situation is changing all the time – they need to come back and fix it.
ADMINISTRATOR’S REPORT
BA/CFO Riehl: revenue dipped slightly Jun.-Jun., but is stable through Jul. – parking and Court are on-spot – hotel and motel is coming along; received the second half of the $477K American Rescue Plan funds – need to decide how to use it – has to be spent before 2024 – should try to spend it by early next year; picked up final CARES Act reimbursement of $180K from the County – been made whole through CARES on all unbudgeted COVID expenditures to-date; have an updated plan on Inlet area upgrades – reached out to Buildings & Grounds and Street Committees to set up a meeting with the Engineer to go over the new preliminary concept – want to have it for next summer; got the first report on the vulnerability study – they will run one/week – had 72 vulnerabilities – about 60 were categorized as medium threat, with the biggest being injection – doesn’t know what that is (Councilman Vitale: it’s not good) will gather the information for a certain time period and assess it in total – was a lengthy report – will go over what we can fix or how we can make it stronger (Councilman Vitale: they’ll provide some mitigation techniques as well; Atty. Riordan: will probably want to keep that confidential) working on DOT GOV, with all of the emails as well; gave credit to the Recreation Committee, Councilman Vitale and Lauren Schule, who did a bunch of the leg work – Recreation jumped on board with the new committee guidelines – doing everything spot on – a lot of help to her – are approving a bouncy house for the Park Program on Friday – ran it past insurance – was time consuming and lengthy – she and Lauren worked with the company and are a week ahead of schedule – had to be pre-approved, sent to the JIF, approved by the JIF – had to wait for an email saying we can move forward – job well-done by everyone – seamless – they deserve credit (Mayor Kanitra: when looking at Federal dollars, wants to look at the multi-purpose building that was authorized – going to try to tackle that next year) will compile a list of appropriate uses for the funds and we can decide in what manner we want to use them.
Clerk announced additions and revisions to the agenda.
PUBLIC PARTICIPATION BEGAN AT 8PM
Dave Cavagnaro, 118 Parkway, PPB: thanked all for saving the parking space in 4a (curb cut request); asked about 1h inaudible (Mayor Kanitra: Tracey Jackson going on Arts – Dave Betten going on Arts and Senior); asked if there is anything to tell the public about Closed Session (Atty. Riordan: no).
Matt Luongo, 130 Randall Ave., PPB (Point2Point): thanked Council and Borough Atty. for quick ordinance turn around – on Friday, the State removed language stating that Low Speed Vehicles (LSV’s) can’t be used as commercial vehicles – Point2Point was originated last year as a local business to service local establishments and residents – some ordinances make it difficult for them to operate – asked if this is the forum to discuss, because a lot of mechanics aren’t clear in the ordinance (Atty. Riordan: had to do this quickly, although he had anticipated and had given it thought – no reason it can’t be introduced on 1st reading – he can work with Mr. Luongo and try to help him so there is a balance (Mayor Kanitra: spoke over Atty. Riordan – understanding the County road component, the municipality has authority to authorize use on roads up to 35mph; Atty. Riordan: town doesn’t have any – is struggling to put in a provision which is meaningless; Mayor Kanitra: if the County authorized them to work on roads up to 35mph and ordinance only says “in the Borough of PPB, roads up to 25”; Atty. Riordan: if the County allows it – sure; Councilman Vitale: asked if approval is needed to go on County roads; Atty. Riordan: yes – shouldn’t expect County to approve it because these guys have to run in the travel lane and can’t go over 25mph – if you’ve got a roadway where the speed limit is 30 or 35, you’re going to back up traffic; Mayor Kanitra: but they have a month from when this is introduced to when it’s going to pass; Atty. Riordan: if passed tonight on 1st reading, will discuss – if we make big changes, it has to go back to 1st reading next time) on the speed limit – it’s just not Point2Point – there are probably 10 LSV’s in town – there are 2 residents on Broadway that own LSV’s and, according to this 25mph, they can’t leave their driveway (Atty. Riordan: nothing Council can do about that – if speed limit is over 25, have to get the owner of the road to give you permission – town doesn’t own any roads where the speed limit is over 25 – all of those are County roads) the way they read the provision is that the State allows the municipality to use discretion relative to the roads (Atty. Riordan: it’s only the County that can do the County roads and the Borough that can do the Borough roads; Mayor Kanitra: asked if Atty. Riordan or BA/CFO Riehl: can be tasked to reach out to the County in the interim – if they County punts and says we get to decide, we want to operate on roads up to 35mph; Atty. Riordan: County can’t do that – State statute says only they can give permission – if they punt, there is no permission – you can’t give permission for the County road – quite clear – no question – not debatable) there is a bidding process for 3 licenses (Atty. Riordan: has to be) asked why there can’t be a seasonal license for LSV’s, like for taxis (Atty. Riordan: his understanding is there hasn’t been anyone buying seasonal taxi licenses – a prior Councilman thought would be worthwhile and it never came to fruition; Mayor Kanitra: but we do have a provision on the books for seasonal taxi licenses; Atty. Riordan: the seasonal license for taxis did not turn out to be beneficial for taxicabs and nobody took it – main reason it wasn’t removed is that he wanted to get them up and running as soon as possible – if they think there is something advantageous to a seasonal license, is sure it can be worked out – probably would require ordinance to go back to square one; Mayor Kanitra: since it’s an option, and they probably won’t want it, asked if a seasonal component can be authorized if someone wants to take advantage of it; Atty. Riordan: can table the ordinance so he and Mr. Luongo can talk about it, but can’t make changes like this; all talking over each other) asked for a side conversation with the Atty. to talk about certain aspects (Atty. Riordan: either pass it tonight the way it is or table it and he and Mr. Luongo can work on it) there is a provision that LSV taxis are not allowed to take tips (Mayor Kanitra: that came from the State; Atty. Riordan: everything that’s on the list came from the State) asked that the guidance from the State be made public – they didn’t get it when they spoke to the State (Atty. Riordan: up to you to see if allowed; Mayor Kanitra: going to be in Sept. or Oct. now) they applied for a mercantile license and were denied because they don’t fit into that category – don’t fit into any category – were told they had to wait for guidance from the State – State now says they can operate for commercial use – asked if they can operate between now and the time that the ordinance goes forward (Atty. Riordan: State has told us no – and the law says no – can apply for a taxi license – that’s what the ZO told them to do and they ignored that – is trying to help by making it easier for them to operate as an LSV instead of a taxi) town said maybe we should apply for a taxi license, maybe not, don’t know, will get back to you – next time the town spoke to us is when the Chief told my partner we can’t operate (Atty. Riordan: can’t debate the facts at this point) seems like everything they’d want to discuss is a material change, which would elongate this process (Atty. Riordan: sounds like that’s true – sounds like most of the things he wants changed are imposed on us and we couldn’t change if we wanted, such as the tip provision; Mayor Kanitra: asked if someone made a motion to introduce Ordinance 2022-22 with changes allowing for up to 35mph, as authorized by the State and County, and with a seasonal provision, if it could be done legally – will lose on the tip thing with the State – can talk to the State, but it will delay this months; Atty. Riordan: yes – can’t guarantee he can write all that by tomorrow morning).
Motion by Councilman Vitale to introduce ORDINANCE 2022-22 (Amend & Supplement Ch. VI to add Low Speed Vehicles) with amendments allowing for vehicles to be allowed on roads up to 35mph, where allowed by State and County and with a seasonal application, was seconded by Councilman Ramos and carried by roll call vote. The public hearing will be held on September 6, 2022.
VOTE: Councilmembers Vitale, Byrnes, Ramos, Migut….YEA
Councilwomen Testa, Crowley….ABSENT
Bob Sorensen, 89 Chicago Ave., PPB (Point2Point): thanked Mayor and Council and the Atty. for pushing this through – read the regulations on LSV speed limits – asked if Arnold Ave. is a County road (Mayor Kanitra: suggested they reach out to the County tomorrow, tell them Council has introduced an ordinance that shows support and make the case, for the other vehicles they talked about too) asked about the tip process coming from the State (Mayor Kanitra: understood the State was hung up on the tipping component – told him to reach out to the Division of Local Government Services, the conduit for this – as soon there is something written, will pass it on); asked about crafting other amendments (Atty. Riordan: it’s already been passed – can’t change it now; Mayor Kanitra: asked if Atty Riordan can talk to him from tomorrow until 2nd reading, if they are not material changes; Atty. Riordan: will give them Gary’s number – he is on vacation beginning tomorrow morning – they both have a bunch of things on the schedule – will do the best they can) asked when it has to be published.
PUBLIC PARTICIPATION ENDED AT 8:17PM
Motion by Councilman Migut 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 pymt of Payroll #15 ($350,865.38) & Payroll #16 ($383,038.33)
1b Approval of ABC S/A Permit app for Bay Head-Mantoloking PBA Fundraiser at Martell’s on 10/9
1c Approval of PO to Integrated Technical Systems for thermal paper rolls/spare part ($5,086.38)
1d Approval of S/E app for Somerville family Block Party, Boston Ave between Pkwy & Central on 9/24
1e Approval of pymt to Ground Hawg Demo for lot improvements/clearing Borough Hall property ($4,600)
1f Approval of pymt to Manasquan Music & Dance for Ukulele on the Beach 2022 ($2,910)
1g Approval of pymt to State of NJ for active & retiree health benefits ($124,200.22)
1h Appointment/Removal of committee members
1i Approval of S/E app for Environmental Commission Outdoor Movie at Bandshell on 8/19 (rain 8/26)
1j Approval of PO to Jersey Shore Publications for full page ad in Chamber Guidebook ($1,200)
1k Memorialization of approval of pymt of hand checks from Pl Bd, BOA & Developer escrow accounts
1l Appointment of Councilwoman Byrnes to the PPB Community Endowment Fund
1m Authorization for Mayor to execute FY 2023 Municipal Alliance Agreement
1n Approval of salary adj for C. Glass for obtaining Registered Public Purchasing Agent & QPA Certificates
1o Approval of payment to Rio Supply, Inc for water meter parts ($5,502.00)
1p Approval of payment to Integrated Technical Systems for 22 MK-Beacon Credit Card Meter ($19,026.60)
1q Approval of PO to Hutchinson Plumbing for new A/C unit-Finance Office ($7,931)
1r Approval of payment to NJ DCA for State Training Fees – 2nd Quarter ($4,853)
1s Approval of PO to Integrated Technical Systems for hardware/software for parts ($27,450)
1t Approval of payment to All Points Printing & Graphics for summer newsletter ($4,780.71)
1u Approval of payment to Riggins for 2022 gasoline for DPW ($33,803.10)
1v Approval of payment to Bortek Industries for DPW sweeper radiator replacement ($809.29)
1w Approval of payment to Solitude Lake Mgmt for lake treatments & permit ($3,377.50)
1x Approval of payment to GRQ Building for water plant upgrades ($6K)
1y Approval of payment to Glenco Supply for signage throughout town ($4,725)
1z Approval of payment to Inflatable Adventures for Rec inflatable event ($939)
1aa Appt of D. Bakarkjiev, Citta, Holzapfel & Zabarsky, Toms River, as Alt Municipal Prosecutor
1bb Approval of salary adjustment for Asst. Camp Dir. CARRIED – NON-MAJORITY VOTE
1cc Approval of W/S relief request
1dd Approval of American Cancer Society Banner Permit App for banner on Rte. 35S, 10/2-10/16
1ee Approval of three 13’ curb cuts at Trenton Court Subdivision (Block 91.03, Lots 1.01, 1.02, 1.03), per recommendation of ZO – PER DH MEMO
1ff Auth for Atty to draft revisions to Affordable Housing ordinance – CLOSED SESSION ITEM
10 CONSENT RESOLUTION 2:
2a Approval of pymt of computer-generated vouchers ($419,542.37)
2b Approval of pymt to All Covered for June and July IT/Maintenance, including for PD ($6,174.12)
2c Approval of jr. membership for J. Lando, PPB, in Fire Co. 2 CARRIED – NON-MAJORITY VOTE
2d Approval of membership for A. Lando, PPB, in Fire Co. 2 CARRIED – NON-MAJORITY VOTE
2e Approval of pymt to Jendco Safety Supply for 3 MSA Altair Gas Detector/MSA Charger for FD ($3,324)
2f Approval of pymt to Fire Co. 1 for annual contribution ($18K) CARRIED – NON-MAJORITY VOTE
2g Approval of pymt to Safe Fleet for car video device software for PD ($3,585)
2h Approval of pymt to Dr. Mark White Ph.D. for 20 SLEO psych evals ($11K)
2i Approval of pymt to McNamara Screen Print & Embroidery for Police screen printing ($3,070)
2j Approval of pymt to VALIC for LOSAP awards for 2021 ($51,250)
2k Approval of pymt to PPB Fire Co. 2 for annual contribution ($18K) CARRIED – NON-MAJORITY VOTE
2l Approval of pymt to Pt. Pleasant First Aid & Emerg Squad for annual contribution ($38,500)
2m Approval of pymt to The Rodgers Group for consulting svcs for Jan-Feb ($6,650)
2n Approval of membership for K. Speidel, PPB, in Fire Co. 1 CARRIED – NON-MAJORITY VOTE
2o Appointment of 12 SLEO II’s
2p Approval of PO to American Fire Supply for 5” Storz Hyd Converter for Fire Co. 1 ($19,080)
CARRIED – NON-MAJORITY VOTE
2q Approval of PO to NJ Fire Equip for replacement hose for FD ($24,981)
CARRIED – NON-MAJORITY VOTE
2r Approval of PO to Skyland Area Fire Equip for turnout gear for Fire Co. 2 ($31,814.18)
CARRIED – NON-MAJORITY VOTE
VOTE: Councilmembers Vitale, Byrnes (except 1bb), Ramos (except 1bb, 2c-d, 2f, 2k, 2n, 2p-r),
Migut (except 2a, 2c-f, 2k, 2n, 2p-r)….YEA
Councilmembers Byrne (1bb), Ramos (1bb, 2c-d, 2f, 2k, 2n, 2p-r),
Migut (except 2a, 2c-f, 2k, 2n, 2p-r)….ABSTAIN
Councilwomen Testa, Crowley….ABSENT
Atty. Riordan: items need 3 votes to pass – those without 3 votes need to be moved to the next meeting.
ORDINANCES:
ORDINANCE 2022-19 (Amend Ch. IX – Loading Zone on Laurel Court) was introduced on first reading. Motion by Councilman Migut to approve Ordinance 2022-19 on first reading was seconded by Councilman Vitale and carried by roll call vote. The public hearing will be held on September 6, 2022.
VOTE: Councilmembers Vitale, Byrnes, Ramos, Migut….YEA
Councilwomen Testa, Crowley….ABSENT
Mayor Kanitra: asked BA/CFO Riehl to transmit a copy to Chris Englehardt on Laurel Ct., who initiated this, to be sure he is ok with this – there are only @3 residents on Laurel Ct. and he kind of speaks for most of them – wants feedback from him before second reading (BA/CFO Riehl: yes).
ORDINANCE 2022-20 (Amend Ch. IX – Handicap Space on Baltimore Ave.) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2022-20 on first reading was seconded by Councilwoman Byrnes and carried by roll call vote. The public hearing will be held on September 6, 2022.
VOTE: Councilmembers Vitale, Byrnes, Ramos, Migut….YEA
Councilwomen Testa, Crowley….ABSENT
ORDINANCE 2022-21 (Amend Ch. XXI, Section 2 – Beach & Dune Regulations) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2022-21 on first reading was seconded by Councilman Ramos and carried by roll call vote. The public hearing will be held on September 6, 2022.
VOTE: Councilmembers Vitale, Byrnes, Ramos, Migut….YEA
Councilwomen Testa, Crowley….ABSENT
ORDINANCE 2022-23 (Amend Ch. XVII to Provide for Signs on Low-Speed Vehicles) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2022-23 on first reading was seconded by Councilman Ramos and carried by roll call vote. The public hearing will be held on September 6, 2022.
VOTE: Councilmembers Vitale, Byrnes, Ramos, Migut….YEA
Councilwomen Testa, Crowley….ABSENT
ORDINANCE 2022-24 (Amend. Ch. XII to Apply Provisions to Commercial Buildings) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2022-24 on first reading was seconded by Councilman Ramos and carried by roll call vote. The public hearing will be held on September 6, 2022.
VOTE: Councilmembers Vitale, Byrnes, Ramos, Migut….YEA
Councilwomen Testa, Crowley….ABSENT
Mayor Kanitra: thanked Fire Co 2 volunteers for waiting – can go first in Public Participation.
PUBLIC PARTICIPATION BEGAN AT 8:24PM
Tom Curcio, 417 River Ave., PPB (President/51-Year Member, PPB Company No. 2): presented Mayor Kanitra with the title of a truck they are donating to the town – in the past, have bought trucks with their own funds and gave them to the town – he handled all but one – they usually ask for resolution to get the title – they auction it themselves, put money into the vehicle and give it to the town (Mayor Kanitra: asked, for the record, how many times this has occurred) 6 – asked the Clerk’s office if they could do it again – doesn’t know if he misunderstood – usually, if they sell it, they keep the money and if the town sells it, the town keeps the money – went with the town’s auction, expecting to get the money back – didn’t happen – BA/CFO Riehl: has been very helpful – she explained why money went to the town General Fund, fulfilling the law – they do anything the town asks, with their facilities used for committee events, clinics and serving 21,000 meals to residents and emergency workers during Sandy – they beg for change on the side of the road with coin tosses – asked for a resolution to reimburse them $4,602.00 from the sale of the truck (Mayor Kanitra: understood from BA/CFO Riehl that the town is constrained from doing that – is fully supportive, if it can legally be done; BA/CFO Riehl: doesn’t know why all are here – spoke with Mayor Kanitra, Councilmembers Vitale and Byrnes and Atty. Riordan – clarified, for the record, that the Fire Co. has its own funds, does its own fundraisers, has its own bank accounts – Borough has numerous budgets for all accounts – Mr. Curcio spoke over her – Borough cuts them an $18K check to do with what they want, without asking for purchase orders or invoices – if they purchased trucks in the past, they were purchased through Fire, not Borough, funds – they would be donated to the town and put on the town’s insurance and, when sold, the Fire Co. is given title to do with what they want – when the Borough buys/bonds for them, they are Borough vehicles and, when sold, the money comes back to the town – that’s what happened in this instance – she had explained to him that it’s a sale of municipal assets – she cannot give him a check for that – a licensed CFO, she would never try to fight a fire because she doesn’t know anything about it – but she does know finance and she cannot give him a check for that – she told him, the Budget process is started next year, it will come in as an anticipated revenue under sale of municipal assets – that offsets any appropriation with those funds – she told him, when going into the Budget next year, he can have that money as a revenue line item and an appropriation in the Budget – he said he would ask Council for a resolution – it’s not the appropriate way and not how it’s going to get done – she’s explained it to everyone – no one has ever said no – Councilwoman Byrnes came to her about a Tesla test for the FD and she said to let her know if they need money (Councilwoman Byrnes: always) FEMA is closing out small projects from Sandy, which she is still working through – there was @$6K line item for donated resources – it was FD and First Aid time during the storm – said she would give it to the FD because they put their time and energy into it – she never said she wouldn’t give it to them, try to withhold it, try to circumvent it – they just have to wait for the temporary Budget next year, knowing that she has the money) that will go into one of the department accounts (BA/CFO Riehl: doesn’t necessarily have to – No. 2 will get that in appropriation next year) would get $18K + $6K (BA/CFO Riehl: can be done 2 ways – flat-out offset or an increase to their operating budget) a pipe burst in the firehouse – town got the insurance claim money, Fire Co. paid the deductible and town cut them a check for the balance (BA/CFO Riehl: being reimbursed for out-of-pocket insurance costs is completely different – it’s a budgetary sale of a municipal asset – PD sells stuff frequently – they don’t get the money – DPW doesn’t get the money – goes into a fund) that was the reason he asked for the title – to do this the way they always have (Mayor Kanitra: asked if they can go back to doing it the other way next year; Atty. Riordan: problem is, this particular vehicle was bought by the town) was $1 from the County Road Dept. (Atty. Riordan: it belongs to the Borough) tried to pay the $1 and it had to go through the town and they had to get the $1 payment from the town – if that’s what you’re going to say – town bought the truck – well we painted it and fixed it (Atty. Riordan: that’s why you’ll get the money in next year’s Budget – it’s a matter of law – Borough can’t just cut them a check; Mayor Kanitra: legally can’t do what he is asking; BA/CFO Riehl: cannot; Atty. Riordan: but can the equivalent; Mayor Kanitra: are supportive – would like to help) this happened because of a mistake that wasn’t their making (Atty. Riordan: is not sure he’d call it a mistake inaudible) they were told they would be able to get the money – he’s done it every time – he knows what’s involved (BA/CFO Riehl: asked who told him) Dep. Clerk Mutter – obviously it was a mistake – BA/CFO Riehl said she had no right to say that (BA/CFO Riehl: she said she never said that and had emailed a response to talk to Kathy in Finance; Mayor Kanitra: they’re going to have the money in a couple months – asked if they could make it until then) yes – are getting the money to put into the truck to give it back (Mayor Kanitra: hears the logistics – are arguing about a mistake and who said what; BA/CFO Riehl: asked why all are here) the Mayor asked him to come to the Council meeting (Mayor Kanitra: Mr. Curcio called and asked what he can do – told him he always has the right to come to a Council meeting and verbalize everything because he was very upset – didn’t say anything could be done one way or another) didn’t say anything could be done but that they could address it at a Council meeting – he asked the Mayor if he was sure he wanted them to come (Mayor Kanitra: feels like he is passing the buck – asked if Mr. Curcio was saying that they weren’t going to fight this anymore and he said to come to the Council meeting) no – all they would like is to be reimbursed for the money they have in this truck – if they can’t, they can’t, if they’ve got to wait, they’ve got to wait (Mayor Kanitra: are going to do it in Jan.) if they Mayor didn’t tell them to come here, they wouldn’t have – can’t imagine they’d have to come and beg for the money (Mayor Kanitra: doesn’t think he is begging – has the opportunity to express himself – have clarification) a bitter pill to have to wait a year for the money – auction was in April and Budget won’t be approved until April or later (BA/CFO Riehl: reiterated that they don’t have to wait for Budget approval – as long as the temporary Budget is in place, she has the revenue – she needs the mechanism; Atty. Riordan: January) asked what needs to be filled out (BA/CFO Riehl: don’t have to do anything – she has never wavered) asked what they have to do (BA/CFO Riehl: reiterated – don’t have to do anything).
Dave Betten 400 New Jersey Ave., PPB: 401 NJ has been told to remove ivy and trim trees – giant limbs are coming down – been given a summons but not doing the work – asked that it be ordained that the town can take further action if someone ignores a summons (BA/CFO Riehl: been discussion between Councilwoman Byrnes and one of her committees about amending the weed and debris ordinance to include pruning and tree removal – would have to go through the Atty. as it pertains to private property; Atty. Riordan: recollects has been brought up – are not able to extend authority to trees on private property – would have research again) a safety issue (BA/CFO Riehl: are looking into what can be done).
EJ Geiger, 115 Arnold Ave., PPB: asked about The Drift movie – will be away but has notified Surf Riders, etc.; would like to be part of the Boat Race committee (Mayor Kanitra: looking for regional and national sponsors); asked about parking survey (Mayor Kanitra: been moved over to an attorney; Atty. Riordan: make no further comment).
PUBLIC PARTICIPATION ENDED AT 8:43PM
Motion by Councilman Migut to close public participation and adjourn was seconded by Councilman Ramos and carried by consent of Council.
Meeting was adjourned at 8:43PM.
ATTEST: ______________________
Eileen A. Farrell, RMC
Municipal Clerk
