Borough of Point Pleasant Beach Council Meeting Minutes
September 1, 2020
Due to the Point Pleasant Beach Public Health Emergency and State of Emergency declared on March 16, 2020, in response to the COVID-19 outbreak and the directive that all events on Borough property by cancelled until further notice, this meeting was held via the online Zoom Meeting platform/Meeting ID: 934 5387 4432. 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.
Mayor Kanitra called the meeting to order at 7:02PM. Present were Councilmembers Vitale, Byrnes, Cortes and Santanello. Councilmembers Testa 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 and (2) Settlement of Litigation. 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 Councilman Cortes and carried by roll call vote.
VOTE: Councilmembers Vitale, Byrnes, Cortes, Santanello…YEA
Councilmembers Testa, Migut….ABSENT
The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
CLOSED SESSION BEGAN AT 7:02PM AND ENDED AT 7:30PM.
Mayor Kanitra called the meeting to order at 7:34PM. Present were Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello. Councilman Migut was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
Flag Salute, Invocation
Motion by Councilman Santanello to approve the August 18, 2020 Council meeting minutes was seconded by Councilman Vitale and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
DEPARTMENT HEAD MEMOS
CEO/ZO Tumolo RE: Curb Cut Requests
307 & 309 New Jersey Ave. – Councilman Cortes: showed tree planted too close to curb cut and driveway at 309 – requesting that hump be removed to help neighbor at 307 pull into driveway – CEO/ZO Tumolo and he have no problem with it – both are pre-existing at 23’ and 12’– not all usable because of tree – no loss of parking – will create a large, contiguous curb cut – ADDED AS 1V.
312 Woodland Ave. – Councilman Cortes: a similar situation – want to move curb cut to opposite side of yard at 13’, due to sight obstruction from tree – would be closer to property line than the required 5’ – CEO/ZO Tumolo is ok with it – no loss of parking – no painted lines – no objections from neighbor – he sees no problem – ADDED AS 1W.
310 Baltimore Ave. – Councilman Cortes: vacant lot with yellow curb – want to remove driveway and center it at 16’ – building new house with split driveway, 2 garage doors, staircase in center – will not lose parking – not individual spaces, just front and back brackets – ADDED AS 1X.
205 Harvard Ave. – Councilman Cortes: tore house down – want to shift existing cut a few feet to the right to conform, being 5’ off property line – looking for 13’ cut with single car garage – may impact an existing space by 1’, but it would still be a legal spot – has no problem – ADDED AS 1Y.
BA/CFO Riehl RE: Kayak Ramp Proposals
BA/CFO Riehl: 2 proposal are in the agenda packets – discussed at prior meeting – she recommends the proposal on the east side off of Harvard at Randal Ave., with a 16’ aluminum gangway, 8’x20’ floating dock and kayak launch – picture shows it 20’ east/west into the water, 8’ north/south along the bulkhead (the second proposal is for a 30’ aluminum gangway, 8’x20’ floating dock and an additional 5’x5’ dock along the bulkhead) – in order to construct, would need to apply to the State for a Tidelands License, a form of riparian lease for the area – with that comes a set of requirements for the floating dock and gang plank, including a Waterfront Development Permit costing $3K (applied for received one for that location in 2004, when bulkhead was fixed – hopes that, if same guidelines are used, the License and Permit will go through – might be an issue), a recorded deed (don’t have this in the 2004 file – will search for the full copy of the application – has the permit # and file # through Shore DePalma; Attorney Riordan: suggested just doing a title search) and property survey (have that) – lease is for a 10-year term – annual fee is 53 cents/sq. ft., with minimum fee of $100 – takes 3-6 months to obtain permit (Attorney Riordan: upon application, the State will notify the neighbors on either side and they will have an opportunity to object – suggested Councilman Cortes notify them as well; Councilman Cortes: he and Councilman Santanello met about this a year ago and this was the suggested location; Councilman Santanello: this was the location suggested by the Lake Louise Association) – ADDED AS ITEM 1Z.
COMMITTEE REPORTS
Councilman Vitale: gave the Police Chief’s report since last meeting – September 9th is the 3rd Neighborhood Partnership Initiative Zoom meeting – information will be on the on PD Facebook page – planning for added patrols for Labor Day weekend from the State Police, Ocean County Sheriff’s Dept., Ocean County Prosecutor’s Office and the NJ Dept. of Homeland Security – extra Officers will be brought in to assist on September 8th for the first day of school – thanked the Governing Body, BA/CFO Riehl, Clerk Farrell and Attorney Riordan for supporting Capt. Kowalewski’s promotion tonight – thanked PPB residents for their support during this summer’s unsettling behavior, coming off an unprecedented spring season, with all the cautions and closures due to the pandemic, it was one of the busiest summer on record – the Officers have done an outstanding job – he is repeatedly stopped by residents conveying their support and thanks – it is greatly appreciated; the Recreation Committee is planning for the Locals Only Bonfire on September 26th and a Fishing Derby on October 3rd – more details in coming weeks; will be conducting cyber security training for Borough employees on September 30th, satisfying one of the JIF requirements.
Councilwoman Testa: the Cultural Arts Committee is awaiting approval of a Books Festival, held with the Little Point Book Shop on October 10th (rain date: 10/11), in the lot behind the store – a juried art show will be held online through October – judging will be done at the end of the month, with winners posted and notified – will feature the artists and artwork on Facebook – mural was completed at Stella Luna – will now work on the Great Wall across from the train lot – reached out to Sheila Mickle, who originally painted it; the Beautification Committee met in person last Thursday – practiced social distancing and masks and the Mayor visited – discussed future fall events – thanked the Committee and volunteers for their hard work and dedication – thanked Councilman Cortes for facilitating a time for she and Chair Steiner to get into the basement to organize their bins, flags, Christmas garland, etc. – will meet next Wednesday morning to organize (Councilman Cortes: thanks goes to BA/CFO Riehl); Inspections, License & Building Codes met last Wednesday to discuss the ordinances on the agenda – a pleasure working with everyone – very productive – thanked all in attendance (Councilman Santanello: thanked the Mayor for holding the ordinances at the last meeting to give stakeholders, committee and Engineer a chance to review – great piece of work – thanked all; Mayor Kanitra: probably resulted in a stronger package of ordinances); thanked the Governing Body, Chief Michigan, BA/CFO Riehl and Clerk Farrell for all they do (Mayor Kanitra: nice to see all the committees continuing to work through the pandemic and finding ways to make a difference for the residents – a bright spot in the midst of all the craziness).
Councilwoman Byrnes: thanked Mayor Kanitra for his tireless efforts, Chief Michigan and his department for his tenacious stand on so many issues and the difficult job he has, BA/CFO Riehl & Clerk Farrell for always being supportive and patient and sharing their knowledge, Councilmembers for their dedication and knowledge and the multitude of Committee and Commission volunteers – a lot goes on – all are appreciated; 2 weeks ago, PPB lost an esteemed resident, Dr. Thomas Pidduck, a 59-yr-old optometrist, husband and dad to Victoria and Andrew – his grandfather-in-law was Mayor of PPB during the Great Depression – 6’6” without his favorite hat, he had a warm presence – he will be missed; FD fundraising has been strong – community appreciates all they do; the Shade Tree Commission had a productive walk-through with NJDOT identifying 27 sites for street trees –no promises from the State, but PPB is on the list to receive many – last week’s volunteer project on Gull Island was led by Louise Stillufsen and Anne Lightburn – she and Don Rodgers were there as well –and gave much needed care to young trees – Big Beautiful Tree program will be offered again this fall – $250-350/tree – flyers to come at Borough Hall and the Library; the Green Team has been working diligently to maintain Bronze Certification and on coordinating the volunteer planting project with the Environmental Commission; Environmental Commission is always busy – Chair Ritchings is looking into speakers and workshops – invited residents to learn about Sustainable Jersey and the Green Team.
Councilman Cortes: recognized September employee anniversaries – Joe Michigan 25 years, Bill Ippolito 25, Tom Hayes 3, Mike Gardner 21, Chris Macomber 11, Kevin Thompson 3, Christine Riehl 35; new Inlet benches were installed – stainless steel, double bolts – replaced rusty, rubber coated ones; discussed ITEM 1L – water comes over the concrete trough at the Inlet – R-Blend is a type of gravel that is maintained to prevent a deep gully; Pleasure Park basketball nets were replaced due to vandalization – DPW Super. Trout ordered chains instead of nylon nets, hoping they’ll be up longer; irrigation system is underway and includes 149 sprinkler heads; the Harborhead retaining wall, east of Locks of Love needs attention (Councilman Santanello: also need to do something about the graffiti on that wall) agrees – need to send letter to the Harborhead Assoc. (Mayor Kanitra: the Assoc. asked the town to fix the wall; BA/CFO Riehl: it’s theirs – they had permitted repairing it in prior years; Attorney Riordan: they’ve asked the Borough to pay for it before – they just keep hoping the new administration will say yes); P/T Maintenance Worker, Rob Balzano, is being appointed as full-time Laborer in DPW, as one new hire never showed up – the Shade Tree Commission will need a new person (Mayor Kanitra: that’s great – got through the summer heat – hopes the next person will prove himself and move up also) the sprinkler system will help – DPW Super. Trout said that Rob is a good worker and he is happy to have him.
Councilman Santanello: recognized that Capt. Gerald Quaglia’s last day was today – a great cop and leader who will be missed; as a Libertarian will vote no on Ordinance 2020-19 – not a fan of telling businesses from where they can operate – also, shouldn’t be judging businesses and their attempts to be more successful, especially in these challenging economic times.
Mayor Kanitra: encouraged all to download the GovAlert app, the culmination of a ton of work since bringing in GovPilot and automating processes – ReportIt app was nice, but limited in scope – Govalert is packaged with GovPilot – will create a lot of efficiencies and a record of concerns – can take a photo and submit it with report – can also alert the Governing Body after submission – the official launch will be later this week or early next week – waiting for 2 buttons on the web site; every year, going forward, will honor first responders and those who lost lives, loved ones or helped during 9/11 – this year, the Governing Body and Chiefs will lay a wreath at the memorial – encouraged all to come – will give a lot of attention next year at the 20th Anniversary; on September 12th is the ribbon cutting for the skate park – found a nice, secure fence and good rules to operate by; believes in everyone’s right to peacefully assemble and protest – this is America – have the right to gather and express displeasure – in this tumultuous time, there is an increasing prevalence of people circumventing the process – has created a multitude of problems – area can’t be secured properly – can’t prepare properly – Police Chief keeps all safe and does an incredible job, but he has to call in the cavalry for all rallies and protests – must prepare for every scenario and there is a cost associated with that – overtime is going through the roof – shouldn’t be the Borough’s burden – suggested the possibility of a resolution or ordinance enabling the Borough to bill those who circumvent the process, as another municipality has recently done (Councilman Vitale: great idea – asked about legal implications and enforcement; Attorney Riordan: bill was withdrawn in that municipality per their Counsel’s advice – can lobby the State legislature so municipalities can have that kind of power) good to know – nationwide problem; PPB was sued this week by Jenkinson’s – encouraged all to read the filing which says, essentially, that as a private beach they can do whatever they want – would set a monumental precedent – this is a fight for the soul of PPB – it’s not personal – it’s a fundamental question of who makes the rules for the public on their beach – not talking about the bars that have small sections of beach licensed by the ABC – talking about the majority of the beach – in NJ, drinking in public is not permitted – PPB Police have been writing tickets for drinking in public on Jenkinson’s beach since before the present owners bought it and before and after this ordinance was passed – will fight this, as that is what the people of PPB want – no one wants people drinking alcohol on a beach where the public and children are invited – are trying to cultivate a family-friendly atmosphere – Police will continue to issues summonses – ordinance does not force Jenkinson’s to search patrons for drugs or alcohol, just requires it be done by people 18 or older, if necessary – that is in response to parents whose children were asked to do these checks – Lavallette had similar issues – children can’t be left to fend for themselves to make a few dollars – won’t leave them unprotected – compared drinking in public and marijuana violations prior to and after the beach ordinances were adopted in August – there has been a roughly a 50% drop, showing that Council’s actions were for the betterment of PPB and residents (Councilman Santanello: is shocked that the Borough Attorney allowed the Mayor to speak about pending litigation) there is no gag order – Jenkinson’s attorney went to The Ocean Star (Attorney Riordan: what the Mayor did was not improper or he would have interrupted him).
BA/CFO Riehl: is continuing to research the underground trash receptacles – Councilman Cortes provided information on a vendor, but they have been difficult to get in touch with and seem to have the market cornered; Council Chambers carpeting is being installed tomorrow, painting is done, blinds to be installed; having some issues with Public Access signs being removed at Ocean and Beacon Ln. – contacted the homeowners assoc. – will be taking down the Private Property signs and putting back the Public Access signs – if this continues, will seek legal action against them; will be calling a meeting probably within the next 2 weeks with PD, Code Enforcement and the Fire Official regarding upcoming outdoor dining situations with cooler weather, outdoor heaters, etc.
The Municipal Clerk announced revisions to the agenda.
PUBLIC PARTICIPATION BEGAN AT 8:37PM
Dave Cavagnaro, 118 Parkway, PPB: regarding curb cuts, parking spaces are delineated individually between Central and Parkway – not sure where the new driveway is going, but it will affect a parking space; Ordinance 2019-18, section 19-15.4 (d) says efforts shall be made to shift sidewalk around shade trees – increases property owner liability – asked that “shall” be changed to “may” to protect private property rights; asked about settled litigation.
Vincent Castin, 15 Trenton, PPB: Mayor did good job analyzing the lawsuit; doesn’t see protestors getting a permit; asked about item 1d; been asking to open restroom at 7AM – fishing and bait store accommodates people fishing at the Inlet – not fair and can’t put a porta-john there.
PUBLIC PARTICIPATION ENDED AT 8:47PM
Motion by Councilman Santanello to close public participation and approve the items listed below was seconded by Councilman Vitale and carried by roll call vote.
CONSENT RESOLUTION 1:
1a Approval of payment of Payroll #18 ($316,810.13)
1b Approval of payment to State of NJ for employee & retiree health benefits ($120,077.09)
1c REMOVED
1d Approval of PO to Graber Manufacturing for 18 custom seagull bike racks ($17,262)
1e Approval of S/E application for PPB Rec Committee Inlet Fishing Derby, 10/3
1f Approval of LOA for employee #000771946
1g Support for shore region representation on the Board of Public Utilities
1h Approval of W/S relief requests (3)
1i Memorialization of add’l Camp Counselor appt./approval of pymt of 3 wks total salary for all
1j Approval of PO to Jersey Shore Publications for full page ad in Chamber Guidebook ($1,200)
1k Appointment of R. Balzano to the F/T position of DPW Laborer, effective 9/8/20
1l Approval of PO to Ground Hawg Demolition for fixing/maintaining R-Blend at Inlet ($7,450)
1m Approval of payment to Access Rec for 5’x75’ beach access mats ($2,773.10)
1n Approval of payment to QBE Specialty Insurance for co-insurance
1o Approval of payment to Mark Woszczak for fire hydrant/emergency/valve repair ($22,153.19)
1p Approval of pymt to McCarthy Contracting for installation of 2 tempered glass doors ($3,961)
1q Approval of payment to Coastal Cleaning Svcs for painting of Council chambers ($2,700)
1r Approval of PO to Cherry Valley Tractor Sales for DPW Kubota ($28,024.83)
1s Approval of payment to Door Jockey for repair of Bldg. Dept. door ($2,917)
1t Approval of payment to H. Klees & Sons for skate park fence ($23,430)
1u Authorization for attorney to draft an ordinance to designate appropriate zoning areas regarding stores selling vape and CBD products
1v Approval of curb cut, as requested, at 307 & 309 New Jersey Ave. – PER DH MEMO
1w Approval of curb cut, as requested, at 312 Woodland Ave. – PER DH MEMO
1x Approval of curb cut, as requested, at 310 Baltimore Ave. – PER DH MEMO
1y Approval of curb cut, as requested, at 205 Harvard Ave. – PER DH MEMO
1z Approval of kayak ramp proposal at the east side off Harvard at Randall – a 16’ aluminum gangway and 8’x20’ floating dock – PER BA/CFO REPORT
CONSENT RESOLUTION 2:
2a Approval of payment of computer-generated vouchers ($164,874.97)
2b Appointment of R. Kowalewski to the provisional position of Police Captain, effective 9/1/20
2c Approval of pymt to Servpro of Toms River for August bio-remediation of Police Station ($2,850)
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello (except 2b & 2c)
Councilman Santanello (2b & 2c)….ABSTAIN
Councilman Migut….ABSENT
ORDINANCES:
Ordinance 2020-16 (Amend Ch. XXII–Buildings) was introduced on first reading. Motion by Councilman Cortes to approve Ordinance 2020-16 on first reading was seconded by Councilman Santanello and carried by roll call vote. Public hearing will be held on September 15, 2020.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2020-17 (Amend Ch. XXIV–Streets & Sidewalks) was introduced on first reading. Motion by Councilman Santanello to approve Ordinance 2020-17 on first reading was seconded by Councilman Cortes and carried by roll call vote. Public hearing will be held on September 15, 2020.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Attorney Riordan: the section Mr. Cavagnaro spoke of was part of the old ordinance – “efforts shall” doesn’t mean “shall” – no reason to change wording – has worked well (Engineer Mele: agrees).
Ordinance 2020-18 (Amend Ch. XIX–Development) was introduced on first reading. Motion by Councilman Cortes to approve Ordinance 2020-18 on first reading was seconded by Councilwoman Testa and carried by roll call vote. Public hearing will be held on September 15, 2020.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Mayor Kanitra: not putting existing shops out of business, but tightening up where they go.
Ordinance 2020-19 (Amend Ch. XIX – Development) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2020-19 on first reading was seconded by Councilwoman Byrnes and carried by roll call vote. Public hearing will be held on September 15, 2020.
VOTE: Councilmembers Vitale, Testa, Byrnes….YEA
Councilmembers Cortes and Santanello….NAY
Councilman Migut….ABSENT
PUBLIC PARTICIPATION BEGAN AT 8:54PM
Vincent Castin, 15 Trenton Ave., PPB: asked if rules set in motion will be followed during litigation – Police are a doing a heck of a job – a tribute to PPB.
Dave Cavagnaro, 118 Parkway, PPB: asked about garbage ordinance enforcement process, if real estate agents were involved, suggested Code Enforcement use orange stickers; thanked Mayor & Council and Attorney Riordan for clarifying Ordinance 2020-18; in-ground garbage pales have limited capacity, lids are trip hazards, pulling them out of ground will cause DPW back issues; 2 sections of Boardwalk had sand buildup during last storm – asked if plastic will go back on chain link fence.
E.J. Geiger, 115 Arnold Ave., PPB: asked about the status of the fence/license agreement he brought up at the previous meeting.
PUBLIC PARTICIPATION ENDED AT 9:03PM
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 9:03PM.
ATTEST: _______________________________
Eileen A. Farrell, RMC
Municipal Clerk
