Borough of Point Pleasant Beach Council Meeting Minutes
February 16, 2021
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: 930 2807 6456. The 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.
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 7:00PM. Present were Councilmembers Vitale, Testa, Cortes and Santanello. Councilmembers Byrnes and Migut 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: (1) Attorney-Client Privilege/Mercantile License 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 Councilwoman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Cortes, Santanello….YEA
Councilmembers Byrnes, Migut….ABSENT
CLOSED SESSION BEGAN AT 7:03PM AND ENDED AT 7:22PM.
Mayor Kanitra called the meeting to order at 7:35PM. Present were Councilmembers Vitale, Testa, Cortes and Santanello. Councilman Migut was absent. Councilwoman Byrnes arrived @7:56PM. 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 Councilwoman Testa to approve the February 2, 2021 Council meeting minutes was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Cortes, Santanello….YEA
Councilmembers Byrnes, Migut….ABSENT
DEPARTMENT HEAD MEMOS:
Zoning Officer RE: Curb Cut Request at 104 Parkway
Councilman Cortes: vacant lot – want to move 15’ curb cut from east side to west side – entitled to 16’ – no objection from Zoning – no objection to adding to agenda – ADDED AS 1AA.
Acting Zoning Officer RE: Curb Cut Request at 116 St. Louis
Councilman Cortes: was on last meeting’s agenda – letters were sent (Mayor Kanitra: got more communications from Ocean Ave. this week – residents don’t like it – asked for any objections to finding a way to notice neighbors) discussed with Attorney Riordan – might be a good idea – asked that BA/CFO Riehl work on a best practice (BA/CFO Riehl: will come up with game plan) could be attached to the Building plan (Atty Riordan: applicants have been asked to come to Governing Body before Zoning Board – could formalize this procedure by ordinance; Mayor Kanitra: did due diligence – a unique situation, precedent-setting – supports anyone who wants to fix up an old house and move here full time – tries to lead by will of the people – got 10 responses out of 14 – 7 against/3 in favor – responses referenced aesthetics, precedent, and that they bought without a driveway – can make the gate opening wider for turning radius – wants to do it, but doesn’t think it’s the right thing and neighbors don’t want it (Caitlyn Chaconas, owner: neighbors were aware of her vision and circumstances – close neighbors agreed to it – looked at Chicago Ave. – in similar situation – there are driveways on both sides there – she can open-up the fence, but would be giving up yard space – respects neighbors’ opinions – asked for more discussion (Mayor Kanitra: if anyone else on that street came to Governing Body with a curb cut request, would have to decline, or say yes to her as well; Councilman Cortes: asked if she was aware of the alleyway when she purchased the house) yes – thought it was an option to park there, but didn’t plan to – sometimes cars race down the road – she has her hands full – front driveway would provide ease of use, safety for her kids and would look nice – most houses on her block are from 1955 – people want different now; Attorney Riordan: advised voting on this as a separate item – motion would be to approve or deny) ADDED AS ITEM 3.
COMMITTEE REPORTS:
Councilman Vitale: police training since last meeting included Mandated Canine, Mandated SWAT and Basic Police Officer Course – congratulated Officer Gant, who graduated the Ocean County Police Academy today – highlighted community policing measures including daily house checks for vacationers and Operation Outreach for the elderly – Chief distributed his 2020 end-of-year report – since taking over the department in 2017, has seen positive changes with the relationship with Mayor & Council – goal for 2021 and beyond is to maintain the trust and support of the Governing Body, residents, visitors and business owners, to continue focus on quality of life and to continue partnering with the community; Hometown Security Seminar is scheduled for May 5th via Zoom – information to follow; Recreation Committee held a Show Us Your Heart event this Sunday, which was a huge success with 400 registered and 58 businesses – people of all ages – Gottlieb provided music – he and Mayor visited businesses who appreciated that store traffic increased – thanked the Recreation Committee and Gottlieb District 1906 – he and Councilman Cortes put together a Recreation subcommittee to discuss the Pleasure Park upgrade.
Councilwoman Testa: Beautification is quiet now; Arts is working hard and coming up with new ideas – a lot in the works, including the Downtown Gallery – Mary Ellen Savage, Coastal Co-op, sold out her children’s art class with more to come – 2nd Homegrown Book Fair will be in May; spoke with Greater Mercer regarding school recognition for Safe Routes – if selected, can qualify for Silver or Bronze – will be great when applying for grants – thanked Mayor and QOL Dir. O’Rourke for helping her get everything in; MAC is getting Facebook page up – thanked Councilman Vitale.
Councilwoman Byrnes: apologized for technical difficulties; Shade Tree’s Nominate Your Block is well-received – Fisher Foundation will sponsor one or two blocks of street trees – Shade Tree expressed importance of summer hire to water new trees – will replace pines at Little Silver Lake and plant a tree in Newark Ave. Park – asked that stumps be addressed (BA/CFO Riehl: been added to list) will also replace a tree at Lake Louise when bulkhead is completed – urged all to proceed carefully with trailer replacement at Maryland Ave. Beach because of brush; Green Team will be busy matching members with actions – looking for police officer and school faculty member; Environmental Commission is developing an informational workshop; PPBHS Environmental Club is putting together initiatives – holding a garden supply drive on February 25th, 3:30PM-5PM (rain date: March 4th) asked for something in Ocean Star; Senior Committee is off and running – sent flyers to hard-to-reach seniors and formulating a list – will run errands and help in many ways; had a tremendous day on Sunday – would love another collaborative effort on St. Paddy’s Day – plantings, window boxes, etc. (Mayor Kanitra: Senior Committee did an incredible thing for seniors this week – thanked her).
Councilman Cortes: showed the Boston Ave. bulkhead – everything went smoothly – will let dirt settle and be back to re-fill and plant arborvitaes in spring along the fence they put in – they built a planter box for Beautification; received an email from the Shade Tree Commission about their Maryland Ave. Beach ideas – can compromise on shed area; he and the Mayor met with Game Time about Pleasure Park (Mayor Kanitra: good vendor – did the current playground which lasted 20 years – need to ensure a good product for residents and taxpayers – not a cheap solution, but not as expensive as the old one – can expand the poured-in-place safety mat – price will fluctuate between $200 and $250K – if put on next agenda, probably won’t be done until May – against a time crunch – vital to be there for summer camp – wants to ensure the best price – there are 2 different State lists – there is always wiggle room – need quotes and something on the next Council agenda (Councilman Vitale: put together a spreadsheet of the companies and sent it to the subcommittee; Mayor Kanitra: hopes BA/CFO Riehl can facilitate apples-to-apples comparisons).
Councilman Santanello: with another snow storm on Thursday, talked with DPW Super. Trout last week about snow removal and BA/CFO Riehl sent information on JIF rules – shared what DPW does when snow is coming – they keep their eyes on it and send out e-mails – employees are ready to come in when they have to – they do pre-treatment and ice control – they don’t go to snow until there is enough accumulation – Police, Fire, First Aid and Schools are the first places they go, plowing curb-to-curb, so it’s important to get cars off the street – workers aren’t allowed to work more than 12 hours straight – they have 2-man crews – during really big storms, there is post-work, bringing in front-end loaders, etc. – they do a good job of keeping town’s 12 snow vehicles in good shape – have GPS’d most of the vehicles – have a record of where plows went and when – in 6 years on Council, has never had a resident complaint about snow plowing and neither has BA/CFO Riehl in a major way in a long period of time – the Mayor put a compliment on Facebook – all recognizing the hard work they do; his wife took the town-wide survey – he didn’t and didn’t try to influence her – she’d like to see a N/A button on some questions – got about ½ dozen calls from older folks who rent their houses out, as it’s the only way they can afford to stay in town; disappointed he didn’t see Master Plan before it went on Facebook and that Councilman Migut, a 21-year Planning Board member was not on the subcommittee, nor was Bd. Secy. Mills, who knows the stuff inside and out – attorneys and engineers are very well paid and that’s their thanks.
MAYOR’S REPORT
Mayor Kanitra: been a lot of coastal beach erosion, including in PPB – cliffs have been formed from recent storms – PPB naturally loses sand in off-season, but now the outfall pipe is almost fully exposed in sections – lost about 60+ feet of beachfront this season – some dune grass washed away – little room to navigate – 10-15 feet in some sections – State Assemblyman came to Bay Head – PPB was invited but didn’t want to take spotlight away – sent Engineer Mele – ACOE is not doing anything until off-season 2022 and is putting emergency work on the shoulders of NJ DEP – PPB will be included in those efforts – thanked Engineer Mele, Congressman Smith, Assemblymen McGuckin and Catalano and BA/CFO Riehl – group effort on multiple fronts; thought Master Plan needed to go before Council but it did not – he, Town Historian Woolley, Historic Commission Chair Cox, Planner Lawlor, Bd. Atty. Galvin and Bd. Engineer Savacool provided input – proud of the end result – must have goals to achieve them – Master Plan is 38 pages – heavy on historic preservation, ordinance enforcement, zoning and downtown revitalization – brings in green building and environmentally-friendly, sustainable elements – was on town web site before he posted it on Facebook – not a concerted effort to exclude the Governing Body; town survey will be one of the best things done – want to understand the will of the people and not act in opposition – will do it in future years – developing a base level of satisfaction – have about 400 responses/about 10% of households – will be in the next town newsletter – urged all to complete – information is incredible and telling – town is in favor of a Business Improvement District – #1 thing is historic preservation/downtown revitalization and working to correct disrespectful behavior with summer tourists – will publish results – responses are 50/50 on short-term rental ban – slightly more against, so would recommend not doing it for a summer – asked Chief Michigan to track the type of rentals being responded to – very pleased with resident responsiveness; Historic Preservation Committee has an initiative for bronze plaques for historic commercial buildings to highlight/celebrate the town’s history and make it a destination – hopes to have a walking map; spoke at the Downtown NJ Conference regarding downtown efforts – went well; Senior Committee is meeting on the 18th; continuing to finalize the landscaping RFP for town properties – asked QOL Dir. O’Rourke to document town properties adopted by residents, maintained by the Beautification Community, the municipality, etc., to have a cohesive plan.; asked all to use Gov Pilot to submit complaints for quicker response (Councilman Cortes: read the Master Plan – it’s fine – there is a typo – it references 3 bays, not lakes) that was edited – asked that the updated version be posted – also says township not borough (Councilman Cortes: referenced underground utilities in flood prone areas) was mainly to start discussion – most damning thing in the survey is the prevalence of overhead wires and poles – 90% in favor of getting rid of them – might want to look at when Ocean County re-does Arnold.
ADMINISTRATOR’S REPORT:
BA/CFO Riehl: Boston Ave. bulkhead contractor looked at Harvard Ave. bulkhead – because they are mobilized and on-site, can get a patch, install, watertight repair, sight restoration and cleanup for NTE $2,500 – would probably be double that to call someone else in – asked that authorization for work by Cappella Construction (NTE $2,500) be added – ADDED AS ITEM 1BB; had follow up with the credit card company – lot of paperwork to be approved, subject to attorney review – capabilities should be up in next 2 weeks; WiFi and camera company is coming in this week to start cabling for extended WiFi and camera in the Council room; meeting with Parking Meter Super. to discuss no parking in the train lot and other enhancements being looked at by way of parking kiosks; 148 letters for Ocean Ave. curb and sidewalk repairs should be finished within the next day or 2; the sidewalk at the church on Arnold, where the delivery truck took out the tree, is coned off – Ocean County must do the curb work before pavers can be installed – doesn’t know if they will replace the tree – PPB took it down to make it clear for them to work (Mayor Kanitra: asked her to check with the Shade Tree Commission to make sure there will be a tree there – it’s an important area downtown; Councilman Cortes: asked if the electric lines there were taken care of) doesn’t believe there was any damage.
Clerk noted items added to the agenda. Mayor Kanitra: instructed all to press *6 to unmute, to state full names and addresses and hold to three minutes.
PUBLIC PARTICIPATION BEGAN AT 8:37PM
Dave Cavagnaro, 118 Parkway, PPB: asked for an explanation of item 1b; asked if there was anything from closed session that was resolved and could be shared.
PUBLIC PARTICIPATION ENDED AT 8:38PM
Councilman Cortes: asked that Resolution 3 be considered separately.
Motion by Councilman Santanello to close public participation and approve the items listed below was seconded by Councilman Cortes and carried by roll call vote.
CONSENT RESOLUTION 1:
1a Approval of payment of Payroll #3 ($276,297.85)
1b Memorialization of approval of Tree City USA application & authorization for Mayor to sign
1c Approval of banner permit application for Chamber banner on Arnold Ave, 5/10-22 & 8/10-22
1d Appointments to advisory and community committees
1e Approval of payment to L. Miller for refund of tax overpayment ($2,965.96)
1f Approval of pymt to State of NJ for employee & retiree health benefits for Feb ($114,432.55)
1g Approval of salary adj for B. Martin for passage of courses leading to certification/certifications
1h Approval of pymt to Utility Supply of America for DPW supplies ($3,031.95)
1i Approval of PO to Civic Smart for single head meter airtime, Jan-Dec ($3,854.40)
1j Approval of PO to Integrated Technical Systems for parking meter contract, Jan-Dec ($13,860)
1k Approval of payment to United Ford for cab and chassis for DPW vehicle ($26,224.61)
1l Approval of payment to Borden’s for 12 chairs for the Council room ($3,348)
1m Approval of payment to All Covered for network upgrade – hardware/software ($13,771.93)
1n Approval of payment to Atlantic Salt for de-icing material ($4,082.15)
1o Approval of payment to Sprague Resources for DPW fuel ($4,322.17)
1p Approval of payment to Bortek Industries for sweeper parts ($5,267.03)
1q Approval of payment to BTMUA for January bulk water usage ($63,004.50)
1r Approval of PO to Conner Strong & Buckelew for consulting fees, Jan-Dec ($9,600)
1s Approval of PO to Tri-State Safety Solutions for Safety Coordinator Fees, Jan-Dec ($8,340)
1t Approval of payment to Servpro of Toms River for bioremediation Jan 7-28 ($6,650)
1u Approval of PO to Lasting Line Painting for marking number parking stalls ($8K)
1v Approval of payment to the PPB Bd of Ed for March-June allocations ($4,445,632)
1w Approval of Clean Ocean Action Beach Sweeps on 4/17/21 and 10/23/21
1x Approval of payment to OCUA for 1st Quarter sewerage payments ($71,377.21)
1y Approval of payment to Rio Supply for water meters ($39,867)
1z Approval of Fire Co 1 Ladies Aux request to use adj lot to accept parking donations, Sundays
5/23-9/5, Memorial Day, July 4, Labor Day
1aa Approval of 15’ curb cut at 104 Parkway, per ZO recommendation – ADDED PER DH MEMO
1bb Auth for Capella Construction to perform work at the Harvard Ave bulkhead, as recommended by the Administrator (NTE $2,500) – ADDED PER ADMIN RPT
CONSENT RESOLUTION 2:
2a Approval of payment of computer-generated vouchers ($1,451,599.37)
2b Approval of payment to M. White for 36 Police applicant psych exams ($16K)
2c Approval of PO to Atlantic Tactical for police equipment ($6,102.30)
2d Amendment of Res 2021-0119/2B (Move Over Grant – from FY 2019/20 to 10/20- 9/21)
2e Approval of payment to Ragnasoft for 1 year time management program for the PD ($2,627.50)
2f Appointment of (11) SLEO I’s for the year 2021
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello (except 2b-2f)….YEA
Councilman Santanello (2b-2f)….ABSTAIN
Councilman Migut….ABSENT
Motion by Councilman Cortes to approve the item listed below was seconded by Councilwoman Testa and carried by roll call vote.
RESOLUTION 3: Approval of curb cut request at 116 St. Louis, per ZO recommendation–PER DH MEMO
VOTE: Councilmembers Testa, Byrnes, Cortes….YEA
Councilmembers Vitale….NAY
Councilman Santanello….ABSTAIN
Councilman Migut….ABSENT
This is majority of a quorum, per Attorney Riordan.
ORDINANCES:
Ordinance 2021-01 (Create Ch. 18-Arnold & Bay Historic District) was considered on second reading. Mayor Kanitra opened the public hearing.
Councilman Santanello: his problem with the Historic District is it’s not voluntary – he left several messages for Bd. Atty. Galvin – it’s been 10 days and he hasn’t responded – makes him suspicious that there is something to hide – a trust issue – hurting the value of businesses – thinks existing owners won’t fix them up so don’t have to deal with this – potential new owners will look elsewhere because of overregulation and deed restrictions.
Councilman Cortes: it says the overlay district is to be used as the applicant’s option – that tells him it’s optional (Mayor Kanitra: all of it is optional – gives people options they didn’t have before – a better environment) asked where the 35-feet maximum building height is being measured from – was altered in some residential areas to be from base flood (Planning Bd. Atty. Galvin: doesn’t know – valid concern – will have to check; Attorney Riordan: the same way it is measured at every other place in town; Bd. Atty. Galvin: idea is to give incentives – an extra story in exchange for preserving the building and doing other things that are good for the community) asked for confirmation that the 5-foot pre-existing front yard setback is still conforming (Bd. Atty. Galvin: yes – if building new construction, want setback at 10 feet to accommodate the possibility of outdoor dining) asked about the approved color pallet (Mayor Kanitra: basically earth tones; Bd. Atty. Galvin: for sides – not the main façade – want to encourage a seashore pallet – pastels) asked about, in lieu of providing enough parking to accommodate a third story, paying $15K per parking space – asked where that amount came from (Bd. Atty. Galvin: should have been $25K but Mr. Cox didn’t believe anyone would be willing to come up with that much for a parking space – will be less parking and more building – need to put cars somewhere – he took a parking garage and divided by number of spaces and came up with $25K) not happy with deed restriction – might lower property value – Planning Board will have say in façade – asked if the deed restriction, which might penalize the future and lower property value, is in perpetuity or if it can be changed (Bd. Atty. Galvin: in the future, per the American Dream Case, the Court could take deed restriction off – suggested it to preserve the historic façade of these buildings indefinitely – even if a property is on the Historic Register, you can take it down and get rid of it – allowing owner to use the building in a new way, that’s not permitted in zoning, in exchange for something; Mayor Kanitra asked the last time a building downtown went higher – this will allow something that hasn’t been done in decades in PPB – we want deed restrictions, we want the Historic Commission to have a say – we want to limit the colors that they can use and we want to micromanage – is reasonable to ask for these things if residents are going to do something that hasn’t been allowed – payback is that it will be feasible for a developer to fix a building and the community benefits from something that looks a lot nicer – a lot of building owners have not put the money into their buildings that they should have – downtown has stagnated as a result).
John Bezerra, 400 Niblick Street, PPB: asked, (under procedures, #3 under 18.3) where it says any project on building 75 years or older, what that entails (Bd. Atty. Galvin: right now, can do anything under the ordinance without change – if you want to take advantage of this ordinance and go a story higher, you have to comply with the requirements of the overlay zone) asked if this is only for a third story (Bd. Atty. Galvin: must understand this regulation inside and out – would be happy to sit with him – can do whatever you can normally do with your building, but if you want to take advantage of the overlay zone and the overlay zone allows you to go up an extra floor to get more rental units, you have to follow the restrictions in the overlay zone; Mayor Kanitra: also, if doing large scale renovations and want to take advantage of some components, you will be able to because we are delineating the area of downtown that this will be in – if increasing the usage density and require more parking spaces, can take advantage of the parking option or can go to the Zoning Board) not clear – asked if this kicks in if he wants to add a second floor (Bd. Atty. Galvin: existing zoning still applies – if you have one story and the existing zoning allows for two, you go to the Planning Board for two stories) thinks $15K is a little high – he ran through calculations on some things he is looking to do and it comes to about a little over 15% of gross project – asked if it’s going into a parking fund (yes) and if for the purpose of building a parking deck (Mayor Kanitra: no – there are properties on the downtown periphery that can be acquired and turned into a parking lot – at some point, it might be cost effective to go underground one story in the lot behind Borden’s to realize additional parking – this administration not looking to build huge parking structures: Councilman Cortes: asked if the parking fund is a separate fund; Bd. Atty. Galvin: must be and will need approval from (inaudible).
Motion by Councilman Vitale to close the public hearing and adopt Ordinance 2021-01 was seconded by Councilwoman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes….YEA
Councilman Santanello….NAY
Councilman Migut….ABSENT
Ordinance 2021-02 (Amend Ch 19/Create Ch 17-Regulation of Signs) was considered on second reading. Mayor Kanitra opened the public hearing.
Councilman Santanello: at the introduction, it was claimed that the ordinance does not apply to Boardwalk businesses – ordinance doesn’t state that – at the introduction, it was referenced that the Boardwalk part was kept in from the previous ordinance – that only applies to size and location – the rest of the ordinance still applies – again, a trust issue – can state one thing, but what counts is what’s in these ordinances – he will vote no (Mayor Kanitra: all the things said last time still apply – purpose is stated on the record) there’s a lot of double talk (Mayor Kanitra: from a legal standpoint, can quote him – have said what the stated purpose is).
Councilman Cortes: asked about internally lighted signs at Wendy’s and Exxon (Mayor Kanitra: in other towns, they are the same as others and they have to adhere – Wendy’s sign is brand new and won’t need replacement for 15 years) asked about neon signs, like at Gold Fever – if they can keep them until they have to be repaired (Mayor Kanitra: a lot of businesses have been doing what they shouldn’t in terms of what is allowed in window fronts – have been lenient – cannot answer about neon signs; Bd. Atty. Galvin: asked if sign was previously approved properly; Attorney Riordan: if it was properly and legally installed, that’s one thing – if it was installed without the proper permit or against the regulation at the time it was installed, it’s going to go; Bd. Atty. Galvin: anything that received a variance or was valid when created, even if it becomes non-conforming, has a right to continue indefinitely until destroyed or abandoned) asked if this exempts anything pre-existing (Bd. Atty. Galvin: if it was validly pre-existing – if it was put up illegally, it’s not protected; Mayor Kanitra: asked Attorney Riordan if a theater wants to open downtown with a metal channel light marquis with neon, like on old school theaters; Attorney Riordan: there is a way to get waivers from the criteria in the sign ordinance – this is not in the development section, but a separate chapter – pre-existing sign can stay, but will need to be replaced or maintained at some point and will have to become conforming – a little different than non-conforming uses, with respect to the zoning statutes) the comedy club has large signs in the window, which is in the taste of that business – asked if they would that have to come down; Attorney Riordan: those signs posted in the windows are illegal as they sit, so he believes they will come down – if they are not illegal as they sit, thinks they are likely to stay; Mayor Kanitra: Planner Lawlor drove around the other day and looked at businesses – prevalence of people doing things they have not asked permission for, going against what previous Governing Bodies deemed important for the town is staggering – you don’t get to do what you want anymore without asking for permission) asked if Zoning or Code Enforcement will research what businesses have gotten approval (Attorney Riordan: it’s the other way around – the burden is on the business to prove they got a variance; Bd. Atty. Galvin: burden is always on the applicant to prove that) there are a lot of neon signs everywhere – second floor of Point Lobster has neon beer signs in every window.
Motion by Councilman Vitale to close the public hearing and adopt Ordinance 2021-01 was seconded by Councilwoman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes….YEA
Councilmen Cortes, Santanello….NAY
Councilman Migut….ABSENT
Ordinance 2021-03 (Amend Ch. 19 – Roof-Top Decks) was considered on second reading. Mayor Kanitra opened the public hearing with no member of the public wishing to be heard.
Motion by Councilman Santanello to close the public hearing and adopt Ordinance 2021-03 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-04 (Amend Ch. 9 – Loading & Unloading) was considered on second reading. Mayor Kanitra opened the public hearing with no member of the public wishing to be heard.
Motion by Councilman Vitale to close the public hearing and adopt Ordinance 2021-04 was seconded by Councilwoman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-05 (Amend Ch. 11 & Ch. 12 – Grease Traps) 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 Ordinance 2021-05 was seconded by Councilman Santanello and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-06 (Amend Ch. 2 – Duties of Staff) was considered on second reading. Mayor Kanitra opened the public hearing.
Councilman Santanello: waste of taxpayers’ time and money to write this ordinance (Mayor Kanitra: recommended by a Town Hall employee, who thought is was pertinent and make things a lot easier).
Motion by Councilman Vitale to close the public hearing and adopt Ordinance 2021-06 was seconded by Councilman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes….YEA
Councilman Santanello….NAY
Councilman Migut….ABSENT
Ordinance 2021-07 (Amend Ch. 3 – Investigation of Discharges) was considered on second reading. Mayor Kanitra opened the public hearing with no member of the public wishing to be heard.
Motion by Councilman Vitale to close the public hearing and adopt Ordinance 2021-07 was seconded by Councilman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-08 (Amend Ch. 19 – Regulation of Development) was considered on second reading. Mayor Kanitra opened the public hearing.
Councilman Santanello: was smugly claimed at introduction that people have to pay this money anyway – is offended by that – built a house 6 years ago and paid all the fees as listed in the old ordinance – did not get any back – this means that the attorneys and engineers fees have doubled and tripled their fees in the last 6 years – fees are unconscionable – understands it will make things easier, but sounds like it is more about how quickly attorneys and engineers get paid – passionately against.
Mayor Kanitra: this is just escrow, not actual fees – does not change hourly calculations on how these fees are structured.
John Bezerra, 400 Niblick Street, PPB: professionals know how many meetings it will take – asked about doing a 3 or 4 tier system and putting the discretion on Bd. Secy. Mills (Mayor Kanitra: Bd. Secy. Mills brought this forward) understands her issue – she is better equipped to say how much escrow is necessary for each case (Bd. Atty. Galvin: has not altered his rates in a decade – is grossly underpaid; Attorney Riordan: him too – has had the same rates for 10 years; Bd. Atty. Galvin: his private clients pay triple what he charges PPB applicants – trying to help Bd. Secy. Mills with bookkeeping – do not need someone as awesome as her playing the role of payroll collector – some people occasionally don’t pay their bill and, if there is a denial, there is no way of getting that money and Bd. Secy. Mills has to play the role of payroll collector – if she knows a case will take 2 or 3 nights, she is asking for additional escrows from the developer’s attorney and they are probably graciously providing those moneys – this is for smaller cases where someone may or may not get an approval and we may or may not get paid); asked about Section 3, Part D – if trying to make homeowners design a system to retain the full amount of a backwash – that could be 300 cubic feet (Engineer Mele: the stormwater sizing for backwash is sized according to what the applicant is proposing – in most cases, they’ll be applying for a grading and drainage review – based on the amount of impervious coverage they have in their backyard or an addition they might be doing in tandem with the pool, the system is sized accordingly and that system can also accept and is required to direct the backwash or discharge into that same system and downstream – are no longer allowing them to pipe it to the gutter, as has been the case for decades – need to retain and recharge a good portion of it – it many cases, if running for 30-60 seconds, should be able to absorb that backwash without issue) asked about discharging at the end of the season, when you have to go down 6-8 inches – that’s a significant amount of water – will have to design a recharge system that is pretty big – talking about big bucks – are now discharging chlorine water to ground water system – against putting anything other than rain water into the ground water system, especially when you have a grade that is relatively flat (Engineer Mele: the swales and drainage systems are usually placed in the lowest spot in the side yard and it’s directed to a front yard – sometimes it’s along the back if there is a shared swale between properties – but it’s set in a location that is not in close proximity to neighboring yards, where it will have any impact downstream, nor near any buildings – that, and other perimeters are considered when designing these systems – taking some nuisance out of the street which ultimately ends up in the stormwater systems anyway, and in our waters, streams, bays and lakes) recommends not having this in – not good for the groundwater system – asking homeowner to invest a significant amount of money into a larger recharge system – have small properties and high water tables in PPB – have to get pretty creative when water table is at 2 or 3 to spread it out – can have a 25-foot bed – it’s a big expense (Engineer Mele: acknowledged his points – system size is based on impervious coverage and proposed roof area – kills 2 birds with one stone – it’s become a routine complaint of what can be done to take it out of the gutter line – recommends passage of this ordinance) sometimes engineers don’t see the big picture with environmentalists and geologists – as a former engineer, should look at it from an environmental standpoint as well.
Motion by Councilman Vitale to close the public hearing and adopt Ordinance 2021-08 was seconded by Councilwoman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes….YEA
Councilman Santanello….NAY
Councilman Migut….ABSENT
Ordinance 2021-09 (Amend Ch. 9 & 14 – Parking Regulations) was considered on second reading. Mayor Kanitra opened the public hearing with no member of the public wishing to be heard.
Motion by Councilman Santanello to close the public hearing and adopt Ordinance 2021-09 was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-10 (Amend Ch. 19 – Stormwater Mgmt) was considered on second reading. Mayor Kanitra opened the public hearing with no member of the public wishing to be heard.
Motion by Councilman Vitale to close the public hearing and adopt Ordinance 2021-10 was seconded by Councilwoman Byrnes and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes….YEA
Councilman Santanello….NAY
Councilman Migut….ABSENT
PUBLIC PARTICIPATION BEGAN AT 9:32PM
Mayor Kanitra: state name and address clearly – limit comments to 3 minutes – *6 to unmute.
Dave Cavagnaro, 118 Parkway, PPB: echoed compliments for DPW plowing – fantastic work; complimented County for being out there early; asked about removal of one of the cat trailers and if cats are in either; asked if the flapper valve on Niblick has been fixed.
Bert Rolling, Owner-Last Wave Brewing Co, PPB: commented on outdoor dining through COVID and #13 in the Master Plan – asserted support of a review of this temporary set of approvals – requested expeditious adoption of an ordinance allowing outdoor dining.
Jaimie Van Sciver, Paulsboro, NJ: asked Council to revisit ordinance banning medical cannabis.
Marina Rebmann, Sayreville, NJ: spoke about medical marijuana vs. recreational.
Jeff King, Eatontown, NJ: believes PPB is stigma free and compassionate – asked that the ban be rescinded – PPB was 65% yes for Question #1, which included all use.
Lefty Grimes, sativacross.org: recognized Jeff Oaks, who died last year, and risked his life to talk to Councils about how cannabis helped him – asked Council to spend a day in a wheelchair with him and stop putting obstacles in front of the sick and dying.
Councilman Santanello: marijuana was legal in the 1800’s.
Patrick Duff, Haddon Heights, NJ: wishes there were less liquor stores around – pot is legal – citizens voted for it – PPB is partially responsible for the stigma in passing the first ban against medical dispensaries under former Mayor Reid – lead to 30+ towns that banned it – asked that it be reversed.
PUBLIC PARTICIPATION ENDED AT 10:05PM
Motion by Councilman Cortes to close public participation and adjourn was seconded by Councilman Vitale and carried by consent of Council.
Meeting was adjourned at 10:05PM.
ATTEST: _______________________________
Eileen A. Farrell, RMC
Municipal Clerk
