Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:43 PM with Mayor Vogel and Council Members Mercun, Loughran, Corbally, DiCicco, Dixon and DiCorcia present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Correspondence was discussed with items being moved to the agenda for action; decided to re-bid water spheroid project.
Motion by Councilman DiCorcia, to enter closed session to discuss personnel (3) and contractual (1) matters, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Closed session started at 6:48 P.M. and ended at 7:09 P.M.
Mayor Vogel called the regular meeting to order at 7:31 P.M. Present were Council Members Mercun, Loughran, Corbally, DiCicco, Dixon and DiCorcia. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Mayor Vogel asked that a moment of silence be observed in memory of those involved in the April 16th Virginia Tech massacre.
Mayor Vogel presented proclamation to Cathi Finnen, manager of the Point Pleasant Beach branch of the Ocean County Library, for National Library Week – appreciate hard work and dedication of library staff.
Ordinance 2007-08 (Commuter Parking Pass) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman Corbally, seconded by Councilman Mercun and carried by the following roll call vote, Ordinance 2007-08 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Ordinance 2007-10 (Establish Cap Bank) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman DiCicco, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2007-10 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Ordinance 2007-11 (Sanitary Sewer Upgrade Bond) was introduced on first reading.
Motion by Councilman Corbally, seconded by Councilman Mercun and carried by the following roll call vote, Ordinance 2007-11 was approved on first reading. The public hearing will be held on May 15, 2007.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Ordinance 2007-12 (Re-appropriation Bond for Water Utility Improvements) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2007-12 was approved on first reading. The public hearing will be held on May 15, 2007.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco*, Dixon, DiCorcia…YEA
*Councilman DiCicco: thanked CFO Riehl and Bond Counsel for finding this money.
Motion by Councilman DiCicco, to approve minutes of the March 20, 2007 Council meeting, was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Mayor Vogel opened discussion on proposed Ordinance 2007-A (Open Space Tax Rate Referendum) to public for input.
Vincent Barrella, 116 Niblick Street: no problem with what you’re trying to do, but how – if Council wanted to increase rate, would have to go back on ballot – if approved, referendum would enable Council to set levy between .5 and 1 cent, raising $140-280 – if defeated, will stay at $280 – amount was effectively raised on original 1-cent rate due to revaluation, without the ability of referendum – this is a backdoor way to raise levy without referendum – would like to see taxpayers voluntarily accept or decline.
Councilman DiCicco: at 4th ‘Whereas’ should remove “reduce” and put in “change;” Open Space Committee’s recommendation is that you must have at least .5 cent rate for town to remain eligible for Green Acres funding.
Motion by Councilman DiCicco to place proposed ordinance on next agenda for first reading was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Mayor Vogel opened discussion on proposed Ordinance 2007-B (Real Estate Agent Disclosure Requirements) to public for input: this came from work of FEMA Committee.
Councilman DiCicco: genesis of proposed ordinance is desire to return to community rating system – need to approve 500 service points – are preparing the required flood plain management plan – ordinance addresses one of the public information devices that will get us 42 service points and inform prospective buyers that they are buying in a flood zone and thereby required to purchase flood insurance.
Vince Castin, 15 Trenton Avenue: aren’t real estate agents already required to tell prospective buyers they are in a flood zone? (no – law requires seller to fill out questionnaire and disclose this information).
Dave Cavagnaro, 118 Parkway: concept is good – asked if real estate agencies were contacted (Attorney Starkey: provided Ocean County Board of Realtors president with a copy of proposed ordinance – no response yet, but expect it by the next meeting).
Mayor Vogel: are we clarifying what type of notification is needed – flood hazard determination firms can provide information on whether a property is in a flood zone – would Borough publish a list of blocks and lots that are in the flood zone or create a simple disclosure that says which are – what mechanism would be used – concerned that it not be overly costly (Councilman DiCicco: Borough maintains flood insurance rate maps – can pull information and provide a listing – there is a CRS manual that provides information – recommend we adopt that form as the mechanism by which information will be read by realtors; Attorney Starkey: language in ordinance was taken from FEMA regulations); what happens if realtors don’t comply (Attorney Starkey – could put in a warning or fine; Councilman DiCicco: suggest warning for first offense, then fines).
Motion by Councilman DiCicco to place proposed ordinance, with amendments, on next agenda for first reading was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Mayor Vogel opened discussion on proposed Ordinance 2007-C (Establish Municipal Ethics Board) to public for input.
Councilman Mercun gave PowerPoint presentation – Ethics Board is long overdue and needed, not because of problem in town, but what has been going on around the State – currently, State’s local finance board is our Ethics Board – ordinance specifically empowers our Ethics Board to recommend an effective ‘Pay to Play,’ and to review the rules and regulations of municipal departments and make recommendations – State statute requires that 2 of 6 members be public members – this ordinance would require 4 – important for public to be majority of Board.
Vince Barrella, 116 Niblick Street: commend Councilman Mercun, but disagree with benefits of coming to local level – detachment of Local Finance Board in Trenton is a nice safeguard – becomes a personality thing at the local level – no matter the level of integrity, when 6 people know something, it’s hard to keep it from slipping out – how many towns have what you’re proposing? (Councilman Mercun: no exact answer, but number is rising – Brick has one, but only has advisory capacity – in excess of 40 towns have ‘Pay to Play’) wondering whether we have to be on forefront – anytime complaint is filed, employee would need Union Counsel and town would need Board Attorney – concerned about process and cost, although aware of the price of corruption – asked if accused could appeal decision to Local Finance Board (yes) – when nepotism ordinance was adopted, complained about campaign contributions by special interests – Republicans received $2500 from Jenkinson’s and Democrats received seven $500 contributions from six Martell’s employees and the owner – need to address – how can residents get fair share when two largest businesses are making campaign contributions to both parties? – applaud what you’re trying to do, but concerned it will turn into a witch hunt.
Mayor Vogel: up to the Ethics Board to set local code of conduct, but would Council have input (Council must adopt code by ordinance and has power of final review) – could we take on responsibility of setting code with feedback from the Board (Attorney Starkey: yes, but ultimate decision for adoption lies with Governing Body; Councilman Mercun: think, per state statute, Board sets rules which Governing Body can adopt by resolution – will be two Council representatives on the Board) Dover’s board has ability to hire legal counsel (Attorney Starkey: typically, they would present a proposed budget, which you have the authority to approve – would encompass things like letterhead, secretarial, legal counsel, etc. – would be in your authority to say whether this is reasonable) concerned about disclosure, if someone came to Board for an advisory opinion about a conflict – many professionals will view this becoming public knowledge with great concern (Attorney Starkey: when this information is released, the name of the person is not – recommend that names be deleted, but information put out there for guidance to others who may have the same concerns) Governing Body should be creating tone and tempo of Ethics regulations and criteria brought forth; there is something out there called the Fraud Prevention Network, with a confidential 800 # – provides an independent outside source to check into and make recommendation to local board.
Kathleen McGuiness: asked Council to explain extent of need and justify additional expense of this committee (Councilman Mercun: what price do you put on ethics in government? Trenton’s Local Finance Board is like a citizen review board, not an Ethics Committee – town citizens need an active voice in government) there is already an 800# in place for citizens who know of something fraudulent – State is going through a major revamping of it’s ethics – asked if this would be an open door policy.
Joe Lemma, 203 St Louis Avenue: this is the right step because we have been coming here for years, saying you can’t do this and that, yet it has all been done.
Tom Highton, 314 Parkway: thanked Council – terrific start – should be proud we are in forefront – this town has been subjected to Boardwalk influence for too many years – where’s the plan to address what’s happening to the town’s taxpayers? – town is more concerned with tourists than taxpayers; asked about instituting an impact fee to businesses for having to hire extra police in summer – asked for tax on parking in private lots – concerned about quality of life for taxpayers; this Committee could be start of investigating issues brought up by Max Gagnon – need to stop catering to Boardwalk interests; Max Gagnon had a petition for No Parking on streets in District 4 after 10PM, except for residents – this would drive cars into municipal lots and create revenue – need new revenue streams and to address issue of lowering taxes – Ethics Committee will give us an opportunity to address issue of why Boardwalk is donating to political clubs.
Vince Castin, 15 Trenton Avenue: concern because this is a small community – Committee can’t rule on certain issues because they know the accused (Councilman Mercun: will have to be dealt with as situations arise – Mr. Barella is afraid this a small town and items can be twisted – anything is possible but I have faith in this town – must have a good screening process for selecting who is going to be a member of the Board).
Ray Cervino, 206 Seymour Avenue: who will monitor the ethical behavior of the Board? is behavior so unethical now that we need this Board? (Councilman DiCorcia: excellent point – have to have background and fingerprint check to teach – Committee members and all who seek town office should have background checks).
Barbara Dervan, 320 Broadway: thanked Councilman Mercun for PowerPoint presentation – I am for less government – if it’s not broke don’t fix it – if there’s a body in Trenton, so be it, even if it takes 30 or 90 days instead of 5 – tired of layering government upon government – don’t need another layer of government in this town – what’s in place now is probably sufficient – know about the 1-800 fraud # – it should be published for residents, since it’s our taxpayers that suffer from fraudulent activity.
Marilyn Burke, 118 Central Avenue: commend Councilman Mercun on great work he’s done – there’s a good reason for this Board – relevant that community members are on it – don’t think it’s fair to disclose the name of any individual accused – asked how many people from this community have been brought before State Ethics Committee (Councilman DiCorcia offered to investigate and get back to her).
Bob Eltringham, 314 Trenton Avenue: saying we don’t need ethics is like saying we’re too honest – Freeholder got good job here – would not have passed, if we had Ethics Committee.
Councilman Mercun will work with Counsel to make changes for first reading; Mayor will provide ordinances from other towns.
Clerk Ellsworth added several items to Consent Resolution 2; Tom Highton, 400 Central Avenue: asked why we need labor negotiator (PBA has filed arbitration petition) asked if binding arbitration and if there an appeal process (yes); Ben Dispoto, 311 Parkway: asked if item “l” was relevant to item “n” (yes); Vince Barrella, 116 Niblick Street: just over $30,000 in payments to T&M on bill list – asked if that was for Broadway ‘one-way street’ project (yes) – report shows that T&M made $322,355 in political contributions in this State over the last 3 years; Joe Lemma, 203 St. Louis Avenue: asked where meter waiver will be (2 meters in southern end of town).
Motion by Councilman Mercun, seconded by Councilman DiCorcia, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Proclaim April 28 – May 6 as Safe Kids Week
b) Proclaim April 29 thru May 5 as Municipal Clerks’ Week
c) Support Historic Property Reinvestment Act (A896/S2030)
d) Approval of Payroll #8 ($219,857.98)
e) Approval of ABC Social Affair Permit for Friends of the American Cancer Society on 5/11/07
f) Request & Authorization for records disposal in various departments
g) Approve annual ad in Festival of Atlantic ad journal ($600)
h) Payment to Horizon BCBS for employee health benefits ($195,939.86)
i) Payment to Metric Parking for on site service agreement ($9899.60)
j) Appointment of seasonal Parking Enforcement Officers (13)
k) Appointment of seasonal Class I Officer (1)
l) Application to Local Finance Board re: participation in NJ Environmental Infrastructure Trust Program
m) Reimburse expenditures for project costs from bond proceeds re: participation in NJ Environmental Infrastructure Trust Program
n) Refund balance of Board of Adjustment escrow accounts ($2639.97)
o) Approval of computer generated vouchers ($74,358.35)
p) Payment to Munidex for Vital Statistics software ($2,300.00)
q) Payment to Schulman, Wiegmann & Assoc. from Board of Adjustment escrow account ($275.00)
CONSENT RESOLUTION 2:
a) Performance Bond Reduction – Jenkinson’s North Miniature Golf
b) Approval of Antrim PTO ‘Flamingo Flocking’
c) Approval of new Board of Adjustment Fees
d) Authorization to advertise and conduct flushing of water hydrants (4/30 – 5/14)
e) Authorization to advertise in MAC Project Graduation ad journal ($300)
f) Permission for American Legion poppy drive from May 14 – May 31
g) Authorize Schoor Depalma to re-bid waterspheroid rehabilitation project
h) Approve parking meter fee waiver for 1503 Oceanfront during construction
i) Authorize advertisement of RFP for labor negotiator
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Mayor Vogel: received approval letter from DEP to go onto next phase of Sea Coast Oil Property testing – will send letter to EPA, which will provide reimbursement for costs of testing needed for remediation; Phase III of downtown project to be started next week on Route 35; spoke with Adam Zellner from DEP to help address some concerns about waterway access; thanked Dr. Ravally and Dr. Savage for coming to ‘Meet the Mayor’ to explain School Board budget; commend OEM for work during storm.
Councilman Mercun: appreciates everyone’s input on ethics; lot happens with emergency management that public doesn’t see – Deputy OEM Coordinator Grace updated AM radio station, prepared operations plan and sat down with all emergency services in town – everyone was ready for the worst – evacuation routes were plotted and prepared – one of our fire trucks and personnel responded to call for aid in Piscataway; First Aid and Emergency Squad recovered a seal pup in our surf – commended Flo Miller and Chet Nesley – how many people in this town know how much the First Aid squad does? – in photos from Virginia Tech incident, you see armed police and unarmed EMT’s in the line of fire – First Aid gets $38,500 from town and responded to 1001 calls in town last year – amounts to $38/call – average response time is 4.32 minutes – in August of last year, was 43 seconds from the time tone went out, to when the first EMT signed on the truck – each EMT must do 24 hours of continuing education per year – Captain Bayliss has instituted a night duty crew program – they stock District 2 and Police Department with first aid supplies and fill all the O2 bottles – received a $15,000 OEM Generator Grant – generator was $11,000 and they gave the extra $4,000 to the town for DPW back-up generator – need a voice on this government – would like to appoint a Council liaison to the squad – would like town to issue a proclamation – 2 years running, they won “Asbury Park Press” award for best squad in Ocean County (National EMS week in May) – Flo Miller is a certified first aid rescuer and has volunteered her services to the County (Flo Miller was designated Pet Shelter Coordinator for the town and Councilman Mercun was named Council’s direct liaison to the First Aid Squad).
Councilman Loughran: need to remove signs at Inlet, which say “Please Place Receipt on Dashboard” (Councilman DiCorcia: had complaints about lighting; Administrator Riehl will check); two benches at Inlet need to be replaced or repaired; got off rather easy with latest nor’easter – expected a lot of sand on Boardwalk and pleasantly surprised with outcome; in light of Virginia Tech incident, glad we have school resource officers – don’t have kids in school, but believe parents rest easy knowing there is an armed officer present – willing to bet that an armed officer has a great impact of preventing injury to our children; there will be a bid opening for the new railroad lot parking machines on April 27th; sold 87 resident parking permits so far; congratulated Fire Company #2 on 100th anniversary – Ralph Yersin was honored for 50th year as a member or Fire Company #2 – Buck Mickle was on fire company for 60 years – would be nice to honor those gentlemen at some meeting in the future.
Councilman Corbally: last meeting regarding Broadway corridor was productive – planners gone back to drawing board, block by block – continue to look at aesthetics in the Broadway-Channel Drive corridor.
Councilman DiCicco: completed FEMA pamphlet, concerning proposed Real Estate Agent Disclosure Requirements, for Council review and dissemination to residents – scheduled meeting with Mr. Gardner and flood plain map planner – hope to have application in by June 1st; Open Space Committee will meet May 2nd and make recommendations on Green Acres acquisitions; Shade Tree Committee had first meeting on April 2nd – has the important goal of preventing the deforestation of Point Pleasant Beach and contributing more trees to town; Administrator Riehl submitted ‘Adopt a Spot’ regulations to Governing Body – would like to add adoption of storm drains.
Councilman Dixon: received calls regarding debris and building violations – contractor had permits, but were not displayed – debris was removed; Building Department issued 3 penalties for building without permits – removed 3 junk vehicles and tagged 5 others – talked with Building Department about using special officers – Code Enforcement Officer Petrillo has items for them to work on and will contact Chief this week; noticed Boardwalk between Trenton and Central Avenues is in poor shape – would like to authorize engineer to check Boardwalk’s structural integrity and condition (report was done last fall); concern about size of houses being built – would like to have planner start analyzing what the proper floor area ratio should be in a residential zone.
Motion by Councilman Dixon, to authorize Borough Planner to analyze and recommend floor area ratio for residential properties, along with design standards for commercial properties, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Councilman DiCorcia: hope all residents voted in School Board Election – have meeting with School Board and will bring up Ethics Board – asked that they issue commendation to Officer Gunning; JCP&L lights working out – Lynn Aber and Sgt. Otto doing great job.
Administrator Riehl: hydrant flushing will be April 30-May 14, 9PM-5AM; Downtown Phase III to start Monday – going to suspend construction June 15-September 16; had pre-construction meeting on Newark Avenue project – will commence before end of month; homeowners were sent letter regarding fence at public access point – have until Friday to remove or Public Works will.
PUBLIC PARTICIPATION PERIOD OPENED AT 9:24 P.M.
Max Gagnon, 304 Parkway: “Ocean Star” had piece about what’s being put up on old Premier Gym property – per ordinance, need 109 parking spaces, and only have 45 – how could Board do that? – had a lot of turnovers in small stores over the years – problem is insufficient parking – there are apartments on top – parking will be taken up by renters and workers – where will customers park? – need to look at Planning and Zoning Board because things that go on there are unreal – must let them know that you expect them to follow town ordinances.
Dave Cavagnaro, 118 Parkway: thanked Public Works for work on Parkway between Baltimore and St. Louis Avenues, putting curbs in center island; kudos to Councilman Mercun for letting residents know good things going on in town; is there one coordinator for Broadway corridor and NPP? – confusing when both groups are meeting (two different programs that meet and overlap) asked if Ocean Avenue is part of Broadway corridor (yes); asked if town is pursuing Risden’s beach acquisition (part of Open Space Committee recommendation) going before Planning Board soon to put houses on part of that property; asked status of bubble up on Niblick and Baltimore (Administrator will check with County); asked about marked parking spaces at Inlet – is that the plan for all pay boxes? (this was a test spot, railroad lot will be that way too).
Bob Eltringham, 314 Trenton Avenue: asked if there would be meters on Cooks Lane (spots); Sunday’s nor’easter caused tree to fall across street and sidewalk – Public Works cleaned up before 8 AM on Monday – thanked them for quick response.
Joe Lemma, 203 St. Louis Avenue: going to hire 13 parking enforcement officers – asked that they be assigned to check that people park only 4 hours – could provide revenue through overtime parking fines.
John Szafranski, 319 Yale Avenue: are we going to see tourism study before summer season? (should have final draft next meeting); was asked by someone on Boardwalk where to find a workable ATM – one in Jenkinson’s has $4 transaction fee – spoke with Citibank, Manasquan and Ocean First – all have interest – can get independent ATM’s and receive revenue from them; spoke about boats in front of houses – a lot are parked right up to the curb on Route 35 and in streets (Chief spoke with those businesses and willing to comply); Board of Adjustment hearing to convert old Victorian to 6 unit condo in SF zone – want to minimize sprawl – this brings in more cars.
Ray Cervino, 206 Seymour Avenue: $2.5M Homeland Security money returned to State – can Point Pleasant Beach qualify for some? (Councilman Mercun: bought $30,000 trailer for $300 to use for emergency management – have tightened up giving out that money, just for that reason, but will re-submit – would have to convince them to use for beefing up school security; Councilman Dixon: State has not decided what they are going to do with that money, put in treasury, or give some to towns)
Mayor Vogel: advised all that River Avenue is going to be repaved and curbed.
Ben Dispoto, 311 Parkway: thanked Councilman Mercun for moving forward on ethics and ‘Pay to Play;’ thanked Councilmen Loughran and Corbally for train lot – missed the side on Rt. 35 North (not our property) – feel better collegiality between Governing Body members – hope it continues; small article in “Ocean Star” on recycling – article implied that grass was not to go into the trash, but that is incorrect.
Vince Barrella, 116 Niblick: asked about River Avenue (County going to turnover to us – resurface before doing so) – County seems to be in a hurry to give us back this road – won’t put in speed bumps, but when it’s ours, we can.
PUBLIC PARTICIPATION PERIOD CLOSED AT 9:47 P.M.
The meeting was adjourned at 9:48 p.m.
