Borough of Point Pleasant Beach Council Meeting Minutes
November 29, 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 regular meeting to order at 7:30PM. 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, Crowley and Migut. Councilwoman Testa was absent.
FLAG SALUTE, INVOCATION
APPROVAL OF COUNCIL MINUTES:
Motion by Councilman Vitale to approve the November 1, 2022 Council meeting minutes was seconded by Councilman Ramos and carried by roll call vote.
VOTE: Councilmembers Vitale, Byrnes, Ramos, Crowley….YEA
Councilman Migut….ABSTAIN
Councilwoman Testa….ABSENT
DEPARTMENT HEAD MEMOS – AZO Savacool RE: Curb Cut Requests:
Councilwoman Crowley: took pictures and reviewed the request at 307 Baltimore Ave. – currently a vacant lot – recommends limiting the apron to 12-ft. to maintain parking spots – they will need to be realigned – that’s the Engineer’s recommendation – he assured her there will be no loss of parking spots, which is her main concern (Atty. Riordan: add to agenda with stipulation that it be 12-ft.-wide).
Councilwoman Crowley: took pictures and reviewed the request at 113 Sanborn Ave. – a difficult one – would propose a parking spot elimination – she is not proposing that the curb cut be allowed to take away a parking spot on such a busy street – the Engineer and homebuilder can revisit this, but at this point, she does not recommend (Mayor Kanitra: same builder built 2 homes for spec, next to each other – house to the left has the exact same layout, footprint, lot size and setbacks and were able to build a driveway with a 12-ft. curb cut – for this one, the ZO told the builder he needed to wait until approval was considered by Council – the builder decided to do the cut anyway, so it is already there, costing a parking spot; Atty. Riordan: these guys are making money by taking away parking spaces – exploiting the Borough to make money; Mayor Kanitra: they’re going to learn a lesson that, in PPB, you don’t build something without permission – wants to make it clear that they’ll need to come back to Council for a 12-ft. curb cut – can approve a 12-ft. curb cut if we want, but they’ll need to make the changes to what they have there and make sure that it saves the one parking space; Atty. Riordan: respectfully recommends having him discuss it with the Borough Engineer and have the two of them figure out what the Borough Engineer will recommend) without losing a spot (Attorney Riordan: and make the curb whole again – let the Engineer take care of this; Mayor Kanitra: we talked with the Engineer – if they did a 12-ft. curb cut, as was allowed, they’re going to have to rip this out and re-do it – his only thing is making them come back again) it’s a good thing to allow 12 feet, as long as they can realign the spots to fit that parking spot (Atty. Riordan: recommended putting on the agenda to approve the curb cut recommended by the Engineer) so long as it does not remove a parking spot (Mayor Kanitra: so long as it does not remove a parking spot and it is not over 12-ft. and the curb needs to me remediated and made whole, accordingly –the same builder is doing 4 different houses on Sanborn, so they need to understand that they don’t ever try this again; Atty. Riordan: the idea that you should ask for forgiveness, not permission, has got to end; Mayor Kanitra: it is ending).
Councilwoman Crowley: visited and took pictures at 303 Forman Ave. – this home has been completed – was told by the Borough Engineer, since she does not have the knowledge of how much each spot needs to be allotted to have parallel parking, that if we allow a 13-ft. curb cut, with the realignment of spots, it would not hinder any situation there, so she would recommend that, as long as she is being reassured that the spots are not being affected, they will be realigned and parking spots will stay as is (Mayor Kanitra: he spoke with Engineer Mele, who said, at a max, it could be 14-ft. if fully depressed and then 1 foot of transition on either side, but they can’t just pay their contractor to re-stripe it, they need to work with the Borough Engineer – the spot to the east is oversized, like 24-ft., so when they put it all together, they can take 2 ft. from that, and we wouldn’t lose any spots – exactly what Councilwoman Crowley said, but the stipulation should be that they work with the Borough Engineer and there will not be a loss of any parking space and it will be a max. 14- ft., if that’s what he allows) he told her 13 ft. would allow for it and is what he is recommending (Atty. Riordan: asked how big the curb cut is in the already-built house; Mayor Kanitra: 12 – he is asking for 16 – if it was 16, we definitely would lose a spot) we feel 13 is a fair access to enter the driveway and not hinder parking, layovers or anything.
Best Practices Worksheet – discussed briefly in BA/CFO Riehl’s absence (Mayor Kanitra: all read it and agree with it – everything with the State should be good – asked if BA/CFO Riehl can give her summary when she is back, as some of it is nuanced and has a lot to do with how things evolved from last year (Atty. Riordan: no reason you can’t ask questions at that time – sending the information to the State doesn’t preclude further review).
COMMITTEE REPORTS:
Councilman Vitale: the Police Dept. conducted training at 505 Forman Ave., a house set for demolition – thanked homeowner, Lou Acero, for the letting the PD use his property for this very important training – other training included Mandated Canine In-Service and Field Training Officer Class – on Nov. 26th, Sgt. Drew and Canine Bolt assisted Pt. Boro PD in locating a missing person/dementia patient – are thankful to be able to reunite this missing person with their family – the Recreation Committee has partnered with the PBA on Toys for Tots – there will be a box out at Winter Wonderland and Holiday Lights – feel free to bring a new, unwrapped toy to those locations; Recreation Basketball is on the agenda – starting in the next few weeks – have 190 kids registered – Winter Wonderland will be on Dec. 10th and the Drive-by Holiday Lights will be on Dec. 18th – the non-verbal sign was installed in Pleasure Park a few weeks ago – it received a tremendous amount of traction on social media and the Recreation Committee was contacted by other towns about where we got it – Rec is now looking to offer opportunities to neurodiverse children – DPW is working on hanging permanent commercial grade lights at Pleasure Park, from Trenton to Forman, along St. Louis; the Military Banners will come down shortly and replaced by Holiday Banners – an email with further instructions will go out to anyone who purchased a banner; on the cybersecurity initiative, assessments are paying dividends – got a lot of actionable results back – will discuss internally and figure out a way to move forward.
Councilwoman Byrnes: thanked BA/CFO Riehl, the Beautification Committee and DPW – downtown looks wonderful – special thanks to DPW Super. Trout, who assisted her in a big way; the Fire Company held training in a structure slated for demolition – thanked all involved in helping to facilitate that – they’re preparing their budgets – their annual certification of members is in progress – they reported a terrific evening at the Tree Lighting, giving more firetruck rides than in previous years – thanked them for all they do; Shade Tree Commission is quiet, but attending presentations from neighboring towns, sharing ideas and trends; Golden Gulls will be joining the Rec Committee at the Winter Wonderland in Pleasure Park to sing carols and will proceed to the homes of residents who can’t make it out – if anyone knows of anyone who can’t get out, let them know and they will add them to their list – are planning a Christmas Luncheon on Dec. 13th at 12:30PM at Laurel Ave. Firehouse, catered by Joe Leone’s with great food and sing-alongs – today was Zumba Gold and Chair Yoga – both instructors are top shelf.
Councilman Ramos: the Environmental Commission was awarded Bronze Status at the conference for Sustainable New Jersey in Atlantic City – some Councilmembers were there – the photo came out great; had a good conversation today with School Superintendent Smith, who is being honored as the Superintendent of the Year for NJ, as was in the Ocean Star – is being honored in a formal ceremony at the State House, and hopefully by our Council – the Board of Education is working toward a possible school improvement referendum to substantially update facilities in both the district schools – possibilities include artificial turf, multipurpose sports field, community gathering spaces, field house, new track, bleachers, lighting, security and fire system upgrades – fact finding – nothing happening yet – gathering information and data to analyze the feasibility – reminded residents and taxpayers that one of the strong values for our homes is an outstanding school system – although he needs to see where the numbers land, need to look at supporting a referendum, if it were to come forward – exciting stuff.
Councilwoman Crowley: attended the Sustainability luncheon in Atlantic City – was an honor to see the Environmental Commission receive Bronze Certification for their great team efforts – also attended an event where Mayor Kanitra was honored as the Ocean County Mayor of the Year – is proud to be on his team – is happy to be part of this community and part of this Council; also had a wonderful Christmas Tree lighting – a great event – Rec did a great job and everyone who joined in – everyone from big kids, like hers who was in from college, to little kids enjoyed it – thanked all who participated in making it a success; DPW is winterizing seasonal buildings – snow removal equipment, including trucks, plows and machines are being serviced – seasonal decorations are up and the tree is planted and decorated,– will be putting up new Seasonal Banners and preparing Pleasure Park for Winter Wonderland – 2 laborers are getting their Commercial Driver’s License – everyone is trying to pitch in and do a little more cross-training in DPW – leaf collection is ongoing.
Councilman Migut: the Animal Welfare Committee was busy this year – they made substantial improvements to the cat trailer – new windows, roof and exterior painting – not enough time to get the front steps done this year; the Parking Authority will meet the first week of Dec. and will be awarding a snowplowing contract in time for snow season – believes the bid for the bank kiosk for the Borden’s lot is now in the hands of the Borough.
MAYOR’S REPORT:
Mayor Kanitra: asked Councilman Migut to let the Parking Authority know that one of the properties is overgrown with weeds – at the tree lighting, where the Fire Dept. has the old red truck, there are tree weeds growing around the tire on the southeast portion – are always weed issues with some Parking Authority properties – would appreciate it if they could stay on top of it; will have a proclamation for the PPBHS Women’s Soccer Team – went to one of the playoff games – they need to get the same treatment as all other State Champion athletes – really impressive – made it all the way to the Group 1 finals for the State and made PPB very proud; the Tree Lighting is one of his favorite events – kudos to Carol Vaccaro, the Chamber and downtown businesses – they really stepped up – the layout is excellent, with a lot of stuff on Arnold Ave., and the horse & carriage and tree on Bay Ave. – businesses like Bam Bam Burger and Sweet Revenge were slammed – Little Point Bookstore had storytelling, the party store had free popcorn for kids, Ocean County Music had Santa – everybody was making money and happy – a great family-friendly environment – thanked Council for coming – he had his niece and dog there – an awesome night, as always; are starting new banners downtown – Historic PPB ones have started to fade – they’re coming out for cute ones with snowmen and trees for the holidays – need to figure out what to do when that season is over – will have new ones that will probably last a couple years as well; more grant money keeps coming in – got $418K the week to repave Carter, South Baltimore and the 500 block of New Jersey Aves. – should be a big help as we try and turn over as many paving jobs as we can and do curbs; NJLM was a very good showing for PPB with the Sustainable Jersey Award and the award he was lucky enough to get from the NJ Tuesday Group; 4 years ago, the Number 1 issue was the beach and Boardwalk situation – people were unhappy with the direction it was going, the look, aesthetic, etc. – were awarded the Great Places in NJ Award for the Beach and Boardwalk this past week – incredible to have that kind of turnaround in such a short period of time – they recognized everything from the flag pole and morning Star Spangled Banner to trash mitigation, scaling back of overbuilding, increased Police presence, Concert for Ukraine, and how we’re making it a community center – goal is to do another PPB Cares Concert this spring, possibly for homeless Veterans – this is the ultimate validation that families are back in PPB – is looking forward to the reception; the TCU Horned Frogs are in the Big 12 Championship this Saturday at noon – he is a better Mayor when he is happy – this is his public notice that if you want better government and a happy Mayor, route for the Horned Frogs to get to the college football playoffs; (Atty. Riordan: reminded the Mayor about the election) the election margin of more than 2 to 1 is validation of what people think of Councilmembers Vitale and Testa and the entire team – congratulations – will be great having them for another 3 years (Atty. Riordan: testament to the fact that you guys work really hard and try really hard to do the right thing which, not everyone sitting in your chairs has done in the last 12 years) asked how many people are on the Rec Committee (Councilman Vitale: about 35/36; Atty. Riordan: announced that his predecessor and former partner, Sean Gertner, has been confirmed by the Senate as a Superior Court Judge – congratulations to Sean – well deserved – he’s going to do a great job) very cool – guess we can’t appoint him as Special Counsel (Atty. Riordan: the firm will continue as Gertner-Murphy – Murphy is his partner and the Gertner that will remain is his father, who practiced law, was a Municipal Court Judge and is recently deceased – can probably find a spot for them) very nice to hear – he’s a good guy and has done good work for us.
Clerk announced additions/revisions to the agenda.
PUBLIC PARTICIPATION BEGAN AT 8:01PM
Dave Cavagnaro, 118 Parkway, PPB: congratulated Councilmembers Vitale and Testa – thanked Council for working to save parking spaces; asked about item 1p (Atty. Riordan: Marlin’s – believes they are staying in the same building – the owners are changing; Mayor Kanitra: that’s correct); asked what is being supported in item 1u (Clerk Farrell: a resolution passed by other towns, saying how OPRA is being misused and is costing towns a lot of money and time, and recommending some changes; Mayor Kanitra: it has become politically weaponized – lawyers are using it and getting towns to foot the bill for their research; Atty. Riordan: interestingly, lawyers are not permitted to contact people who they think they might sue – when OPRA was originally passed, he took the point of view that it is unethical for lawyers to use OPRA if they think they’re going to sue a municipality and use the material that they get that way; Mayor Kanitra: which is why they all come in anonymously now; Atty Riordan: the Court said lawyers get to do this – it is the only place where lawyers can get information from somebody who they intend to sue: Mayor Kanitra: it’s a huge time suck for the Clerk and Deputy Clerk, particularly; Atty. Riordan: and his office – we actually have Special Counsel working on it because there are so and issues come up so often – cited a recent OPRA for juvenile records and statute that allows someone representing the employer of somebody involved in an altercation with a minor to get the record under certain circumstances; Councilwoman Crowley: double-edged sword) asked what changes are being made (Atty. Riordan: more of a lobbying effort at this point – doesn’t believe a statute has been introduced – the Municipal Clerks are shepherding this through – are years away, he thinks) asked about items 1y & 1z (Mayor Kanitra: are looking at naming the Channel Dr. corridor as an area in need of redevelopment, without condemnation or eminent domain powers – are looking at doing the median on Rte. 35, as well as the Downtown Historic District as an area in need of rehabilitation – have hired Special Counsel to make sure there are no components that are damaging to property owners, etc. – want to increase property value – individual property owners can be their own rehabilitators or redevelopers if they choose – don’t have to use it if they don’t want – gives the ability to have more of a say in what’s going on – with the Channel Dr. project that is coming, it is important for us to have a say and make sure we’re keeping out major industrial uses like offshore wind – for the Rte. 35 corridor, it will help us do some downtown facade improvements and turn over some auto garages and repair shops, if that’s what they want – would get a say, with a public form – it’s just a study now) asked if the Rezoning Ordinance that restricts certain types of business, would change (Mayor Kanitra: if anything, it gives us more of an ability – if someone was looking to knock down a downtown building and build something that isn’t allowed already – they’d have to come to Council for permission – could be gatekeepers to ensure that historic stuff is adhered to).
PUBLIC PARTICIPATION ENDED AT 8:09PM
Motion by Councilman Vitale to close public participation and approve the items listed below was seconded by Councilwoman Byrnes and carried by roll call vote.
CONSENT RESOLUTION 1:
1a Approval of payment of Payrolls #22 ($320,495.60) & #23 ($336,198.47)
1b Certification that the Governing Body read & reviewed the Best Practices Worksheet
1c Approval of PO to Epic Sports for basketball jerseys ($3,404.53)
1d Establishment of 2023 Borough Holidays
1e Approval of payment to Foveonics for Bldg Dept offsite scanning ($15,918.20)
1f Approval of payment of hand checks from Planning Board & Developer escrow accounts
1g Approval of payment to Hecht Trailer for Gull trailer ($5,245)
1h Renewal of amusement licenses for 2023 – Jenks Pavilion, Jenks South, Bdwk & Central Ave
1i Approval of payment to Brick Township MUA for bulk water usage for Oct ($73,362.12)
1j Appointment of E. Susko, N. Vitale and D Betten to the PPB Recreation Committee
1k Approval of PO to Winner Ford for Bldg Dept Ford SUV ($42,392)
1l Memorialization of revised mileage reimbursement rate for 2022
1m Approval of payment to the PPB Bd of Ed for Nov allocation ($1,144,656)
1n Approval of payment to the State of NJ for employee & retiree health benefits for Nov ($123,101.84)
1o Approval of payment to Mosca Design for snow banners ($4,194.02)
1p Approval of Person-to-Person Transfer of ABC License #1525-32-012-007
1q Memorialization of updates to Res 2022-0102-3q to add/replace OPRA custodians
1r REMOVED
1s Memorialization of rain date approval for Surf Team Beach & Bdwlk Sweep (Res 2022-1101/1K)
1t Memorialization of approval of appts/salaries/fees for Rec Wrestling Program Summer Session
1u Support for changes to the Open Public Records Act
1v Acceptance of revised DMHAS Youth Leadership Grant
1w Approval of payment to Integrated Technical Systems for bill validator & software ($7,142.12)
1x Approval of pymt of Pay Cert 9 to Lafayette Const Co for Ocean Ave water main project ($380,824.86)
1y Auth/request for Pl Bd to undertake preliminary study to determine area in need of rehabilitation
1z Auth/request for Pl Bd to undertake preliminary study to determine area in need of redevelopment for non-condemnation purposes
CONSENT RESOLUTION 2:
2a Purchase order to APA New Jersey, & program ad, for sponsorship of NJ Chapter of American Planning Assoc 2022 Awards Reception ($1,500)
2b Approval of PPB Rec S/E app for Show Us Your Heart-Bay Ave lot, Arnold & Bay 2/11/23 (rain 2/12)
2c Approval of payment to Power DMS for 12/17/22-12/16/23 yearly fee ($8,435.36)
2d Approval of payment to Service Tire Truck Center for rim/tires/tire repairs for DPW ($3,283.50)
2e Approval of payment to Riggins for 2022 gasoline for DPW ($20,196)
2f Approval of payment to Rio Supply for Neptune 360 ($15K)
2g Approval of payment to Glenco Supply for Winter Wonderland posts ($2,920)
2h Approval of payment to Comfort Central of NJ for DPW drains and lines ($12,467)
2i Approval of Recreation Basketball Program appointments/salaries/fees
2j Auth execution & delivery of amended & restated $3,100,000 Construction Financing Program Note
2k Approval of curb cut request at 307 Baltimore Ave, per Eng recommendations, not to exceed 12-ft-wide – PER DH MEMO
2l Approval of curb cut request at 113 Sanborn Ave, per Eng recommendations, not to exceed 12 ft, cannot remove parking space, curb removed must be made whole – PER DH MEMO
2m Approval of curb cut request at 303 Forman Ave, per Eng recommendations, max 13 ft, requestor must work with Eng, present spaces must be re-aligned so there is no loss of parking space – PER DH MEMO
CONSENT RESOLUTION 3:
3a Approval of payment of computer-generated vouchers ($1,435,497.65)
3b Approval of payment to Dr. Mark White for 5 SLEO-2 psych evaluations ($2,750)
3c Approval of payment to The Rogers Group for PD consulting services, Aug-Sept ($6,650)
3d Approval of payment to Telrepco for Toughbook 31-MKS for PD ($6,725)
3e Approval of payment to Meridian Occupational Health for 2022 Police physicals ($3,825)
3f Approval of Jr. Membership in PPB Fire Company No 2 for N. Larsen, PPB
3g Approval of payment to All Covered for IT maintenance, including for the PD, for Oct ($4,897.37)
3h Approval of payment to ESI Equipment for rescue tools for Fire Co 2 ($2,949)
3i Approval of payment to All Covered-Konica Minolta for Microsoft Office licenses for PD ($4,999.80)
3j Support for 2022 Drive Sober or Get Pulled Over Year End Holiday Crackdown
3k Appointment of L. Warwick, Pt. Pleasant, member of Fire Co. 2, as a member of the NJSFA
3l Appointment of Seasonal P/T Dispatcher/SLEO I
3m Appointment of 2 Seasonal SLEO I’s
3n Appointment of 18 SLEO II’s
3o Approval of payment to Safe Fleet for car cameras for the PD ($5,975)
3p Approval of payment to McNamara Screen print & Embroidery for police screen printing ($2,640)
VOTE: Councilmembers Vitale (except 1j), Byrnes, Ramos (except 3f), Crowley,
Migut (except 3a, 3f, 3h, 3k)….YEA
Councilmen Vitale (1j), Ramos (3f), Migut (3a, 3f, 3h, 3k)….ABSTAIN
Councilwoman Testa….ABSENT
PUBLIC PARTICIPATION BEGAN AT 8:10PM
Dave Cavagnaro, 118 Parkway, PPB: understands there are several people going out on leave in one department – asked about coverage (Mayor Kanitra: called a meeting of the entire Building and Code Dept. a week ago – discussed staffing issues and turnaround times – being planned for accordingly).
PUBLIC PARTICIPATION ENDED AT 8:11PM
Motion by Councilman Vitale to adjourn was seconded by Councilwoman Crowley and carried by consent of Council.
Meeting was adjourned at 8:11PM.
ATTEST: ______________________
Eileen A. Farrell, RMC
Municipal Clerk
