Borough of Point Pleasant Beach COUNCIL MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM. with Mayor Vogel, Council Members Liotta, Loughran, Corbally, Dyer, and DiCorcia present. Councilman DiCicco was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Department Head memos and correspondence were discussed: several items were moved to the agenda for action; Attorney Gertner: proposed Fence Ordinance would create many pre-existing non-conforming uses – official recommends not moving forward with ordinance to further restrict the use, but to get the stair moved (Administrator Riehl: Building Department is going to move forward with citation); will ask Borough Engineer for recommendation regarding drainage complaint at 819 West Laurel Avenue; regarding pavers on Ocean Avenue, Governing Body cannot provide relief; Attorney Gertner asked that request for relief from increase of water/sewer permit fee be held until next meeting; Administrator Riehl: regarding Trenton Avenue culvert replacement project, contract was awarded but contractor did not complete and said he would return to do it in April – now the contractor says the cost will be higher – Attorney Gertner advised Governing Body to get three quotes and if over bid threshold to authorize bid.
Motion by Councilman DiCorcia, to enter closed session to discuss possible litigation (2), contractual (2) and personnel (1) matters, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, Dyer, DiCorcia………….YEA
Closed session started at 6:54 P.M. and ended at 7:46 P.M.
Mayor Vogel called the regular meeting to order at 7:57 P.M. Present were Council Members Liotta, Loughran, Corbally, and Dyer. Councilman DiCicco was absent and Councilman DiCorcia arrived at 8:01 P.M. The Assistant Clerk read the notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman Corbally, to approve the minutes of the March 7, 2006 Council meeting, was seconded by Councilman Liotta and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, Dyer.…YEA
Ordinance 2006-09 (Multi-Purpose Bond) 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 Liotta, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2006-09 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, Dyer.…YEA
Ordinance 2006-10 (Index Rate Ordinance) 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 Loughran and carried by the following roll call vote, Ordinance 2006-10 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, Dyer.…YEA
Ordinance 2006-11 (Residential Parking Program) was considered on second reading. Mayor Vogel opened the hearing to the public.
Dave Cavagnaro, 118 Parkway: asked to hold – why not give passes to everyone – movable placards invite misuse of system and place burden on Police.
Rosa Crowley, 1401 St. Louis: commended Council – great for people that live here.
John Szafranski, 319 Yale Avenue: concurred with Dave Cavagnaro – holidays should be included as restricted days in Little Silver lot.
Kathleen Foley, 115 Randall Avenue: questioned parking permit process and made recommendations (allows residents to what town has to offer – not a parking solution).
Mike English, 201 Parkway: called definition of "resident" an injustice – owned homes here for 16 years – excluding people who pay taxes (property ownership does not define residence – benefit is for full time residents).
Max Gagnon, 304 Parkway: questioned how ordinance could be passed when cost is unknown (Mayor Vogel: pass budget with revenue that cannot be guaranteed – at non-peak time there are vacant spots – let residents use them; Councilman Dyer: only two weekends that it’s maxed out – to say lots are full day in and day out is not the case – looked at the numbers – benefit for residents, who can go fishing or take a walk without worrying about meters).
Joe Lemma, 203 St. Louis Avenue: suggested more parking boxes in the empty lots at Borden’s and train station.
Ben Dispoto, 311 Parkway: agrees with Dave Cavagnaro – limit used to be 4 hours/day, now it’s 4 hours/space – revenue will be lost (if car can move from spot to spot, many spots are open, so no issue).
Motion by Councilman Dyer, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2006-11 was adopted on second reading.
VOTE: Council Members Liotta*, Loughran**, Dyer****.…YEA
Council Members Corbally***, DiCorcia*****….NAY
*Councilman Liotta: good thing – giveback – wholeheartedly approves.
**Councilman Loughran: came about due to resident request – nice perk to give back to the residents.
***Councilman Corbally: will lose revenue – impossible to enforce – unfair to tax payers that have two homes – no consideration was given to alternate Democratic parking plan.
****Councilman Dyer: giveback to town – revenue loss is minimal
*****Councilman DiCorcia: could be open to litigation – no study done – police overburdened in summer.
Attorney Gertner: discussed how to define a resident – when person has chosen Point Pleasant Beach as primary residence should get benefit – can discriminate based on home ownership.
Assistant Clerk Farrell added several items to consent resolution 3; Councilman Liotta asked to hold consent resolution 3, item ‘b’; Mayor Vogel asked that consent resolution 1, item ‘t’ be stricken as it’s a duplicate of item ‘f’; Dave Cavagnaro, 118 Parkway: asked for clarification on consent resolution 1, items ‘f’ and ‘w’; Curt Leach, 315 Curtis Avenue, questioned consent resolution 1, item ‘e’.
Motion by Councilman Loughran, seconded by Councilman DiCorcia, resolutions, covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Performance Bond Release – South Point Townhouses
b) Oppose S-278 reducing drug free school zones
c) Authorization for Mayor to execute Smart Future Grant Agreement ($50,000)
d) Raffles License Application for Point Pleasant Lions Club on 9/17/06
e) Authorization for Mayor to execute Recycling Mini-Grant Proposal ($18,875)
f) Approval for T & M Associates to complete Local Technical Assistance Application (Bike/Pedestrian)
g) Approval of Payroll #8 ($202,074.97)
h) Payment to Geller, Sive & Company for lot grading & drainage reviews ($4437.01)
i) Refund escrow account balance ($237.50)
j) Approval of hand checks for January – March ($2,534,563.76)
k) Payment of district taxes to PPB Board of Education ($693,604.00)
l) Payments to Schoor DePalma from escrow accounts ($2918.11)
m) Approval of annual ad in Projection Graduation ad booklet ($300.00)
n) Authorization for sale of surplus pubic works vehicles (2)
o) Award of contract to Quality Comm. For wireless data comm. system for the police department ($55,382)
p) Award of contract to Metric Parking for pay and display parking machines ($152,189.40)
q) Payment to Four Points Heating & A/C for heating & a/c unit replacements in the police dept ($12,725.00)
r) Payment to Princeton Ford for 2006 Ford F250 pick-up (21,337)
s) Approval of Antrim PTO ‘Flamingo Flocking’ special event application
t) Removed
u) Payment to Borden’s for office furniture and lockers at water plant ($1639.96)
v) Payments to the State of NJ for January and February dog license fees ($298.80)
w) Authorization for T&M Associates to proceed with Smart Future Grant project for the Broadway/Ocean Avenue corridor
x) Appointment of part-time Communications Operator (1)
y) Accept donation of vehicle, for police use, from Ocean County Narcotics strike force
z) Approval of computer generated vouchers ($508,524.54)
CONSENT RESOLUTION 2:
a) Objection to cuts for higher education in State budget
b) Change Orders 1 thru 25 to Pierce Mfg for 100’ aerial fire truck ($35,659.88)
c) Progress Payment #2 to Pierce Mfg for 100’ aerial fire truck ($449,628.54)
d) Payment to Sgt. Menzella of sick leave benefit due on retirement ($4076.86)
CONSENT RESOLUTION 3:
a) Certification of approved 2006 Budget
b) HELD
c) P O to JCP&L Co for police communications project
d) Payment to McKeon Electric for public works back-up generator ($19,842)
e) Raffles License Application for Point Pleasant Hockey Assoc on 9/16/06
e) Permission for Chamber of Commerce to use pubic meeting room on 5/3/06
f) Oppose Ocean Routing Alternative for air traffic
g) Approve American Heart Assoc Special Event Application for walk on 10/22/06
h) Authorization for semi-annual hydrant flushing from 5/1/06 – 5/19/06
i) Authorization for Borough Administrator to solicit quotes for Trenton Avenue Culvert replacement project and to go out to bid if quotes are over bid threshold
VOTE: Council Members Liotta, Loughran, Corbally, Dyer, DiCorcia….YEA
Mayor Vogel: invited questions and concerns regarding his Ethics Board fine – votes were made with best interests of town in mind; next ‘Meet the Mayor’ session will be on April 26th at 8 p.m.; attended Summit at the Shore, along with Councilman Dyer; Lake Study is available on Borough’s web site; received $7,629.34 as part of 2006 Clean Community Grant Program.
COMMITTEE REPORTS:
Councilman Liotta: Randall, Homestead and Niblick are turning one-way on May 15th but town is getting busier sooner – asked Council to consider making change on April 1st – asked for Council’s approval to send questionnaire to residents for comments about moving date; landscaping/leaf blowing puts leaves on street (Mayor Vogel: part of storm-water management plan – distinction between fall clean up and grass clippings – requires education – enforcement would be challenging).
Councilman Loughran: spoke with DPW Director Meany – can’t just discard material from drains, etc. – must be stored at garage and treated – state noted town doesn’t have staging area – cannot continue storm drain cleaning now – need immediate plan to address (Mayor Vogel: there are testing requirements involved – County looking into facilities); met with resident on North Street – repaving streets there – someone with roller blades went through wet cement – contractor patched damage immediately, but resident is concerned with their liability with sidewalk and want to be on record so they will not be held liable – asked if total section of sidewalk should be re-done (Administrator Riehl: did talk to them); per former Mayor Hennessy, flags at Veterans Park in bad shape.
Councilman Corbally: read statement from Councilman DiCicco and letter from Elizabeth police officer commending Municipal Court staff; met with Mayor to address traffic calming – discussed lowering speed limit on Bay Avenue and putting 4-way stop at Bay and New Jersey Avenues – must pass emergency resolution at next meeting; 7 vendors lined up for Farmer’s Market on May 7th – 15 vendors will start on July 9th.
Councilman Dyer: met with Code Enforcement Officer Petrillo and Construction Official Gardner regarding Code Enforcement Task Force – intent is to have someone work on weekend nights (11PM – 4AM) – should have something finalized by next Council Meeting; Assemblyman Cohen has sponsored bill to raise money from home and condo rentals – similar to hotel/motel tax – asked Council to look into it.
Councilman DiCorcia: congratulated majority on Parking Permit Plan – not opposed to permit plan, just to a plan with loss of meter revenues; has Jersey Central Power & Light survey – thanked Sgt. Otto – invited complaints about lights out – should call Lynn Aber in Administrator’s office with complaint and pole number; will work with Councilman Loughran on Matt Rega award; will work with Councilman Liotta on Board of Education matters; will speak with Administrator about benches on Boardwalk – requests are coming in; asked Mayor if he’s appealing Ethics ruling (will do what’s best for town – did not receive document before it went to media, who did not receive whole thing – will continue to abstain from such matters in future).
PUBLIC PARTICIPATION PERIOD OPENED AT 9:13 PM
Rosa Crowley, 1401 St. Louis Avenue: addressed Lake Study – asked about treatment time (must receive permit from DEP) should be addressed now (intent of Governing Body); agrees with Councilman Liotta regarding grass clippings – landscapers should get educational pamphlet; asked Councilman Loughran if there’s extra playground equipment for Newark Avenue playground (no); asked for picnic tables for park by St. Peter’s (Councilman Loughran: Mayor and Council might want to discuss; Mayor Vogel: it was discussed and there’s concern from people in the area).
Bob Eltringham, 314 Trenton Avenue: in labor unions all his life – questioned Borough’s negotiations with employees – spend too much money to satisfy contracts – taxpayers own town – Council pays more attention to employees than taxpayers – too many guys on plows, garbage trucks, etc. – poor management – former Administrator Meany was put in charge of garage and Freeholder was given Administrator position – he got too much of taxpayers’ money – Bob Meany doesn’t know how to run garage – can do more with less if use personnel the right way – would contract snow plowing out – should look at outsourcing, so as not to continue paying salaries and benefits (Councilman Corbally: tough with current contracts – process of getting concessions has started) not Bob Meany’s fault – now Lacey is milking it in someone else’s backyard; asked if parking meters are all paid for; if town has too much money, it should be returned to taxpayers, not invested.
Former Mayor Hennessy, 619 Trenton Avenue: quoted Henry Kissinger, “reality and perception of reality are different things” – addressed state Ethics Board’s findings on Mayor Vogel – is troubled by what he read – praised Mayor Vogel, whom he’s known since he coached him in Little League, and John Walsh, whom he hired – not minimizing work of Ethics Board – fact is, Mayor would’ve been better off to abstain – there’s more history to the specifics than meets the eye – suggested Mayor let it go – not in the category of a major crime – tough when in public limelight; regarding parking program, can get resident ID cards by producing tax bill; this afternoon, there was a southeast wind, with noxious fumes coming from the body shop on Route 35 – smelled like Benzene or some type of chemical – was burning his wife’s mouth and making their eyes water – men at garage had on breathing devices – spoke to boss (not owner) – painting cars – called Borough Hall on cell phone – wanted someone to come over and experience it – Elaine Petrillo came by 1/2 hour later and said there’s nothing she can do but talk to the owner – have been down this road before with the Sharkeys – under jurisdiction of Ocean County Board of Health – town can do nothing for resident being overcome by noxious fumes – will call County Board of Health tomorrow (Mayor Vogel: asked Administrator Riehl to contact Board of Health; Councilman DiCorcia: remembers this from several years ago – it’s insane) something wrong when Borough has no jurisdiction over this (Councilman Corbally: sat on Board of Adjustment during Sharkey case – nothing town could do; Councilman Loughran: went over and smelled it at the time – was nothing that could be done without the County).
Curt Leach, 315 Curtis Avenue: was involved with Sharkey case as expert – got control over situation through local “obnoxious neighbor” ordinance – agrees with Mr. Hennessy – not allowed to stink up the neighborhood – there are answers to eliminate this problem – offered his services – County won’t do anything.
John Szafranski, 319 Yale Avenue: maybe it’s town’s responsibility to review construction, because that’s how former problem was solved; asked about tourism revenue and study (will screen 3 firms at May 7th Council Meeting, from 5:30- 7:00 p.m.) – asked to see RFP (on town web site) – asked if anything is being done to benefit from tourist income – municipally owned beaches along the coast generate millions of dollars (town is looking at options); Boardwalk is full of dogs – worse in summer – bicycles and skaters on Boardwalk – also a lot of gangs, fighting and using foul language (Councilman Corbally: would favor changing ordinance – feels that, from October through April, people should be able to walk their dogs on Boardwalk and on beach) – has no problem with ordinance, just that it’s not being followed.
David Cavagnaro, 118 Parkway: asked about staging area requirement (in existence for about a year – part of storm-water management); Silver Lake Parking Lot is meticulously swept and maintained but no garbage pails on Ocean Avenue, between Parkway and Broadway; lamp in front of Point Interiors is getting repaired, but the one in front of Bank of America is not; barrels are being destroyed at Band Shell; asked if Open Space Committee appointees received letters (should ask Borough Clerk) – asked if applicants received a thank you (normally would) neither has – simple thank you goes a long way; asked for explanation of decision on fence ordinance (not possible to achieve what is wanted through ordinance; Attorney Gertner: per caucus discussion, construction official will review site and issue necessary citation under code; Mayor: construction official is going down to evaluate – goal is not to issue citations, but to remedy the situation) will be back next meeting to follow-up.
Max Gagnon, 30 Parkway: reiterated Mr. Leach’s comments on Zoning Board and body shop that Mr. Hennessy spoke of – installed water system there years ago – new owners eliminated it because law required spoils be eliminated and it’s expensive to do so – they went to an air system – testified before the Board – the problem is they need to go back to water.
Vincent Barrella, 116 Niblick Street: congratulated winners of Board of Education election – commended Mike Spader on coming close – reported that the budget passed – school administrators need to tighten up; agrees with Mr. Hennessey that Mayor Vogel made a mistake, but he was ill-advised by then Borough Attorney and Council members; commented about pervasive editorial bias in "Ocean Star".
PUBLIC PARTICIPATION PERIOD CLOSED AT 10:09 P.M.
Meeting was adjourned at 10:10 PM
Transcribed by:
Karen Mills
Attest: _____________________________________ Eileen Farrell, Assistant Clerk
