April 3, 2007

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34PM with Mayor Vogel and Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon and DiCorcia present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department Head memos and correspondence were discussed with many items moved to the agenda for action; no objections to professional service quotes from both CME and Birdsall Engineering; action held on memo from Board of Adjustment Engineer regarding Board fees.

Mayor Vogel: Ordinance 2007-05 references Chapter X of Borough Code, which states that meters are in operation April 1-October 31, but railroad lot should be all year (Attorney Starkey will check) – should not charge $1/hr on weekends in off-season; Councilman Loughran added that charge should be $2/day everyday, year-round, except weekends between Memorial Day and Labor Day when the charge would be $1/hour.

Motion by Councilman DiCorcia, to enter closed session to discuss possible litigation (1), personnel (1) and contractual matters, was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Closed session started at 6:55 P.M. and ended at 7:20 P.M.

Mayor Vogel called the regular meeting to order at 7:32 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.

Motion by Councilman DiCorcia, to approve minutes of the March 6, 2007 Council meeting, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Council Members Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Councilman Mercun….Abstain

Mayor Vogel: April is Autism Awareness Month – 1 in 150 children (1 in 100 in Ocean County) are diagnosed with autism – incurable, but early detection is key.
Mayor Vogel and Councilman Dixon presented proclamations to Autism Speaks and JT’s Foundation for raising both autism awareness and funds to combat autism; Councilman Dixon: autism rates are higher for boys than girls – public doesn’t realize how many children are born autistic; Mayor Vogel: an Autism walk will be September 30th to raise funds for this cause – JT’s Foundation encourages local athletes to wear the JT jersey when they participate in events to help raise autism awareness on a local level.

Ordinance 2007-09 (Water/Sewer Rates) 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 DiCicco and carried by the following roll call vote, Ordinance 2007-09 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Ordinance 2007-07 (No Left Turn Off River Avenue onto Arnold Avenue) was held for DOT approval before introduction.

Ordinance 2007-08 (Commuter Parking Passes) was introduced on first reading.
Motion by Councilman Corbally, seconded by Councilman Mercun and carried by the following roll call vote, Ordinance 2007-08 was approved on first reading. The public hearing will be held on April 17, 2007.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Ordinance 2007-10 (Cap Bank) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilman Dixon and carried by the following roll call vote, Ordinance 2007-10 was approved on first reading. The public hearing will be held on April 17, 2007.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Motion by Councilman DiCicco, to defer $3,785,605.04 in school taxes, was seconded by Councilman DiCorcia and carried by the following roll call vote.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Motion by Councilman DiCicco, to authorize self-examination of 2007 Budget, was seconded by Councilman Corbally and carried by the following roll call vote.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

The 2007 Municipal Budget was introduced on first reading.
Councilman DiCicco: long, arduous, rewarding process – able to produce budget with tax increase of $66,000, 1 cent based on last year or .25 cent based on this year’s tax rate – insurance premiums up $129,000, pension contributions up $125,000, debt service up $187,000 as interest rates have gone up, contractual items such as utility and land fill costs up $37,000, salaries up $125,000 due to collective bargaining agreements – $40,000 raise in operating expenses – last 3 years, had roughly 33% decrease in legal expenses – cut some operating expenses by closely watching grant funds received and applying them to things done daily – not only is spending under control, but have funded important items, such as uncompensated absences – in the last three years, have put over $41,000 in that fund – thanked CFO Riehl, Kathryn Beno and department heads for cooperating with Finance Committee to hold costs down.
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, the 2007 Municipal Budget was approved on first reading. The public hearing will be held May 1, 2007.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Clerk Ellsworth added several items to Consent Resolution 3; Councilman DiCicco asked that Purchase Order to Arbor Tree Experts be held for Shade Tree Committee recommendation; Vince Castin, 15 Trenton Avenue: asked about Lake Consultant RFP.
Motion by Councilman DiCicco, seconded by Councilman Mercun, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Proclaim April 28, 2007 as “Choose to Be Tobacco Free Day”
b) Approval of Payrolls #6 ($219,013.03) and #7 ($218,433.90)
c) Approval of ABC Social Affair Permit for Elks Lodge #1698 on July 20th & 21st
d) Authorization for Ocean County Mosquito Extermination Commission to spray for mosquitoes
e) Raffles License Applications (3) for St. Mary’s By The Sea on 10/5/07
f) Payments to Schoor Depalma from Planning Board escrow accounts ($1015.77)
g) Payments to James DeBenedett, Esq. from Planning Board escrow accounts ($2730)
h) HELD
i) Support for renewal of Garden State Preservation Trust
j) Support for repeal of state sales tax on municipal parking revenues
k) Progress payment #2 to JWT Excavating Co for Trenton Ave culvert replacement ($3713.60)
l) Approval of computer generated vouchers ($2,062,872.40)
m) Payment of 2nd Quarter Tax allocation to Ocean County ($1,575,101.64)
n) Payment to Allister Business Systems for police copier/network maintenance ($2475)
o) Purchase Order to Cummins-Allison for Jet Scan currency scanner ($2345)
p) Emergency Appropriation to 2007 Temporary Budget
q) Change Order #1 JWT Excavating Co for Trenton Ave culvert replacement (-$13.40)
r) Payment to International Trucks for dump truck ($105,698)
s) Payment to Pitney Bowes for digital mailing system ($5937)
t) Payment to Brick Utilities for February bulk water usage ($52,953.36)
u) Payment to Riggins, Inc for diesel fuel ($6,542.40)
CONSENT RESOLUTION 2:
a) Payment to Neptune Door Company for garage doors ($2703)
b) Payment to Rays Sports Shop for Winchester equipment ($7856.31)
c) Payment to American Uniform & Supply for police uniforms ($3506)
d) Payment to Brick Utilities for diesel fuel ($5207.97)
e) Payment to Accredited Analytical Resources for sediment analysis ($2466)
f) Payment to Mocean for police uniforms ($3576.12)
g) Payment to Pedroni Fuel for no-lead gasoline ($20,187.50)
CONSENT RESOLUTION 3:
a) Authorization to re-advertise RFP for Lake Consultant
b) Purchase Order to Edmunds & Associates for software upgrade in finance office ($7500)
c) Purchase Order to Metric Parking for hand-held remote ($2500)
d) Payment to Metric Parking for upgrade to Inlet area parking system ($23,800)
e) Payments to Schoor Depalma from escrow accounts ($17,393.50)
f) Appointment of Trustees to the PPB Community Endowment Fund (6)
g) Approval of membership in PPB Fire Co #2 (1)
h) Authorization to purchase four “Pay By Number” parking machines for railroad station parking lot
i) Authorization for NJ Blood Services to use public meeting room for blood drive on 8/3/07
j) Award contract for Maryland Avenue beach lease to Aqua Serve Lifeguard Service
k) Authorization to order air conditioning unit for police department
l) Proclaim April as Child Abuse Month
m) Approval of revised Board of Adjustment application forms
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Mayor Vogel: Point Pleasant Beach Education Foundation Hall of Fame dinner was wonderful; next “Meet the Mayor” is April 16th at 7:30pm – School Superintendent Ravally and Dr. Savage will present School Board budget; will host Mayors Night for Scouting, April 10th, 7:30 pm, at the library, as part of Volunteer’s Week – boy scouts need community support; may have read about the white paper from Chief’s Association, about consolidation of services, which raised a lot of questions – asked Chief to host a round table, with other communities, to gain a greater understanding of what it means.

COMMITTEE REPORTS:

Councilman Mercun: will be happy to work with Chief on round table project; announced ‘Operation Erase – Drive at 25’ will commence soon – purpose is to deter speeding – traffic surveys have been done – only way to know what steps to take, will be to put Police Officers out there and see if town really has a problem – based on results, can come up with further recommendations; asked that Attorney Starkey draft ordinance to establish Ethics Board – provided copy to Council – would like 4 of the 6 Board members to be citizens – this will provide objectivity and fairness to both the complainant and the person under examination – asked that it be advertised on website and in “Ocean Star” for people to serve – Board is not a political tool and will not be used during campaigns – purpose is to ensure that employees of this municipality, both elected and appointed, are meeting the highest set of professional standards.

Councilman Loughran: asked that Administrator check into Briarcliff and Rosewood Avenues (Administrator Riehl: Point Pleasant just bonded for that project – we did also – asked that Council authorize Schoor Depalma to proceed and coordinate with Point Pleasant).
Motion by Councilman Loughran to authorize Schoor Depalma to proceed with Briarcliff and Rosewood Avenues roadway improvement project was seconded by Councilman Corbally, and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA
Councilman Loughran: flag at Band Shell is in bad shape, needs repair; received e-mail from Jacqueline DePasquale, 209 Trenton Avenue, regarding traffic and street light on Trenton – street light was fixed but still issues with speeding and trash – asked that speed limit and ‘No Litter’ signs be erected and trash cans placed there (cannot erect speed limit signs as it’s a County road) – after County paved, parking spaces were never re-painted (Administrator will follow-up); Maryland Avenue Beach parking lines are gone – asked that Public Works paint them before start of season.

Councilman Corbally: thanked Ben Dispoto, Curt Leach, Bob Meany, Dennis Russell, John Trout, and Christine Riehl for work on redesigning Public Works garage –bonded $450,000 and are ready to implement plan; two computer trainers coming next week, at no cost to Borough, to ensure personnel are maximizing new system capabilities; working with Public Works on replacing broken parking curbs at Inlet – Pay-by-Number system went into effect April 1st at Inlet lot; Farmers Market will be in Borden’s lot July 1st through September 9th – looking for new members and vendors; have new geese stuff on way, which landscaper recommended – product will last for at least 30 days and is waterproof – will give update once landscaper applies to the lawn and I see how it works.
Mayor Vogel: received complaints concerning benches on the Boardwalk, near Central Avenue – asked that Public Works check their stability.

Councilman DiCicco: asked Attorney for legal opinion on what can be done about open space tax – recommended putting the question on ballot as ‘tax not to exceed 1 cent/$100 of assessment and not to be less than .5 cent/$100 of assessment’ – if passed, Governing Body would have discretion to set it anywhere between one cent and one-half cent – one-half cent is threshold under which you can get matching Green Acres funds.
Motion by Councilman DiCicco, to authorize Borough Attorney to draft proposed ordinance on Open Space Tax for next meeting, was seconded by Councilman DiCorcia and carried by the following roll call vote.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA
Councilman DiCicco: working on Green Acres planning incentive application – public meeting on May 2nd at 6:30 PM – Open Space Advisory Committee looking into Borough’s recreation facilities – do not meet needs of Borough’s year-round population – land is expensive in town – Green Acres money is not available for construction projects, such as Recreation or Community Centers – DCA has grants for feasibility studies regarding shared services – contacted Board of Education and Recreation Committee – Board is interested in study – will be able to use some of their land.
Motion by Councilman DiCicco to authorize Administrator Riehl to apply for $20,000 feasibility study grant was seconded by Councilman Loughran and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Councilman DiCicco: Kathy Haake, from Trust for Public Land, was at the last Open Space meeting and is willing to search for grants on Borough’s behalf.
Motion by Councilman DiCicco, to authorize the Trust for Public Land to search for grant funds, on behalf of Point Pleasant Beach, for possible acquisition of properties, was seconded by Councilman Loughran and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Councilman Dixon: Police Department checked into a couple of building problems – construction on Sundays on Sanborn Avenue and after hours on Ocean Avenue; noticed major construction behind Good Year property on Richmond Avenue – had no permits – in process of correcting; Trinity Church signs have been removed by Public Works Department; received Board of Adjustment annual report, with recommendations – some being addressed – Board would like Borough to establish floor ratio for limiting size of structures; checked into complaint about boats in driveways – nothing mentioned about boats in code book – Building Department spoke with Attorney Gertner who advised that nothing can be done unless term ‘marine vehicle’ added to ordinance (Brick has ordinance).

Councilman DiCorcia: praised Finance Committee for budget – time consuming – did an excellent job; asked Administrator Riehl to check with County about lowering Arnold Avenue speed limit (Memorial Day through Labor Day – will keep on top of); catch basin on side of Bank of America is caved in with cone there – must be addressed; enormous amount of debris as you enter town from south onto Ocean Avenue; bike safety came up at Safety Council meeting – relayed that Police Department had program; Mr. Alfieri, 415 Newark Avenue: would like a light at Newark Avenue Park (hours of operation end at dusk) – asked that Police patrol (already patrolling); parking in town has always been a problem – doesn’t like to see parking lot half full with parking on streets.
Motion by Councilman DiCorcia for Borough Attorney to look at maximum that can parked in lot on Ocean Avenue and Parkway (Attorney Starkey: only way to regulate is through zoning regulations – have serious concerns about rezoning for one lot – other option would be to rezone to make parking a permitted use – lot already went through Zoning Board and was denied).

Administrator Riehl: bench repaired and orange cones and trash around Silver Lake cleaned up; guide line on Ocean Avenue repaired by JCP&L; DPW looked at Vetrini Lane driveway repairs – will need to be replaced – scheduled for this month; putting together a flyer to mail with tax bills – will ask residents for e-mail addresses to create an e-mail base; new NPP Coordinator started and in the process of contacting people; Borough was recipient of ‘Excellence in Tourism’ award for boat parade.

PUBLIC PARTICIPATION PERIOD OPENED AT 8:26 P.M.

Dave Cavagnaro, 118 Parkway: thanked Borough for looking into speeding issue – asked that they protect sidewalk pedestrians from bike traffic; asked if there are any ordinances that restrict size of signs in shop windows – some stores are advertising on signs posted on sidewalk – between these, tables and chairs, and bicycles, it’s hard for pedestrians to navigate sidewalks; thanked Council for Broadway corridor meeting – asked about getting a pull-down projection screen for public meeting room; asked if anyone checked on whether Planning Board members must be residents (Attorney Starkey: Class 1 member is designated by Mayor, Class 2 member is Governing Body member, Class 3 member is employee of the municipality, who does not have to be a resident, Class 4 members are residents).

Joe Lemma, 203 St. Louis Avenue: asked Councilman Loughran about his newspaper comment on railroad lot; asked Councilman DiCorcia if he knew that there are 5,000 parking spots in town – complained that he was looking to allow more in a lot that was adjudicated to the present number through a lawsuit brought and paid for by Max Gagnon; Ethics Board time has come (Councilman DiCorcia: asked if Mr. Lemma was disparaging his character and, if so, took offense) – asked how many tickets were given out this summer for overtime 4-hour parking.

Joanne Chiefa, 311 River Avenue: asked about blue lines painted by her house (will check); asked what is being done on property at Route 35 turnaround (need to do something minor every 6 months – may be a new buyer for that property).

John Szafranski, 319 Yale Avenue: Trinity Church signs still out; concerning boats in front yards, an ordinance states nothing can be parked within front yard setback – does not specifically state boats; buses in lot on Ocean Avenue still idling longer than state allows – according to EPA, emissions are causing global warming – state law should be enforced – signage should be placed in all lots that idling over 3 minutes is punishable with a fine of $1000 (Councilman DiCiccio asked that we purchase ‘No Idling’ signs; Chief has researched prices); need to check speeding around Antrim school, especially 2:30-3:30PM; thanked Administrator Riehl for looking into curb at Vetrini Lane.
Motion by Councilman DiCicco, to purchase six ‘No Idling’ signs if Public Works can’t make them, was seconded by Councilman Mercun and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA
Vincent Barrella, 116 Niblick Street: asked how long ‘Erase’ program will run (through summer); glad to hear about floor area ratio – felt it was too big; asked the cost and capability of Pay-by-Number machines ($12,500/machine –unlimited number of spots); asked about budget items that are mandated (insurance, pension contribution, debt services, utility and landfill costs, salaries); at last Council meeting, Mr. Landers indicated that Borough Attorney, who drafted SF-2 ordinance, was the attorney for the sub-division applicants (Attorney Starkey: represented property owners long before I became Borough Attorney; Mr. Landers litigated this and I did not represent them at that point) asked if Council was aware of Attorney Starkey’s prior representation of an individual who’s property was in that zone (yes).

Ed Sirchio, 722 McLean Avenue: Boylan Case still pending for close to 11 years – claiming 40 feet of paper street he doesn’t pay taxes on – put fence closer to beach; outfall in southern part of town was tested 2 years ago with unfavorable findings – asked why County is testing sponge elsewhere and not here; residents who fertilize lawns cause fertilizer to run into storm drains and our water; Manasquan River Bridge repair is costing $40M – signs direct tourists to northern beaches – tourism is $40 billion industry, leading industry in NJ, and still taxes are going up – asked about tourism study (typos and clarification to be addressed before release); contractors do anything and park anywhere they want, start projects they don’t finish – should set time limits on construction – house on Michelle Lane and Ocean Avenue unfinished since 1997; would like an ordinance to force contractors to register in town; aggravated with 5-minute public participation limit – live in USA – only time we have to talk is at these meetings.

Max Gagnon, 304 Parkway: asked Councilman DiCorcia if he remembered when Zoning Board approved 47 spots in lot – submitted petition against it from area residents – Council could have reviewed, but it was sent to Superior Court – at great expense, won stipulation that they could park 25 cars there – went to Appellate Division – shouldn’t go into a residential area and put in parking – committees continue to give approvals to these things when there is no hardship proved, effectively demolishing the 4th District.
Councilman DiCorcia: would rather make a mistake, than surrender my own good judgment – everyone makes mistakes, even courts – this town has had several ordinances thrown out in Superior Court.
Max Gagnon, 304 Parkway: you appoint these people – if there is a problem with their decision, you should be willing to tackle it.

Vince Castin, 15 Trenton Avenue: thanked Administrator Riehl for taking care of guide wire – another orange and white cone and garbage can are in the lake; went on record as favoring two parking passes for permanent residents.

Ben Dispoto, 311 Parkway: commented on commuter parking pass –someone coming down to rent for a month, can buy a monthly pass to park in the lot and circumvent paying on a daily basis for $22 (Mayor Vogel: incorrect – must buy pass for a year – if you buy now you buy through the end of the year, on a monthly pro-rated basis).

PUBLIC PARTICIPATION PERIOD CLOSED AT 9:06 P.M.

The meeting was adjourned at 9:07 p.m.