Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:30 PM with Mayor Vogel and Councilmen Liotta, Loughran, Corbally, DiCicco, Dyer and DiCorcia present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Department Head Memos and correspondence were discussed. Mayor Vogel recused himself from discussion on Ocean Fire Company #1 request for use of parking lots.
Motion by Councilman Corbally, to enter closed session to discuss litigation (1) and personnel (3) matters, was seconded by Councilman Dyer and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Closed session started at 6:38 P.M. and ended at 7:19 P.M.
Mayor Vogel called the regular meeting to order at 7:30 P.M. Present were Council Members Liotta, Loughran, Corbally, DiCicco, Dyer and DiCorcia. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman DiCorcia, to approve the minutes of the July 18, 2006 Council meeting, was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer and DiCorcia ….YEA
Mayor Vogel: will present two proclamations – one to honor the work, commitment and passion of Nicholas “Nick Jaws” Jaworovich, longtime advocate of beach access, who loved Point Pleasant Beach – the second to Elks Lodge #1698 Veterans Service Committee for their dedication to and their countless hours of hard work on behalf of America’s Veterans.
Councilman Dyer: an honor to thank someone who’s given so much to the town; presented proclamation to the family of Nicholas Jaworovich, founding member of C.R.A.B., commending him for his dedication to protecting the public’s rights to access New Jersey’s beaches; there is a bench, dedicated to him, on the Boardwalk, where all can enjoy the ocean that he so dearly loved.
Councilman DiCorcia: Elks Lodge #1698 Veterans Service Committee is #1 among thousands of Elks lodges in the country – Elks never forget Veterans – take them on fishing trips, visit nursing homes – an honor and privilege, as Councilman and brother Elk, to have Mayor and Governing Body recognize this wonderful group; Mayor Vogel: read proclamation recognizing them for all they do in thanking Veterans.
Ordinance 2006-23 (Amend Ordinance 2006-14) 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 2005-23 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-24 (Real Estate Offices in GC Zone) was considered on second reading.
Thomas Wissel, Ocean County Board of Realtors: thanked Council for amending ordinance to keep real estate professionals equal with others – concerned about restricting downtown professional offices to 2nd floor – some historic buildings not ADA-compliant – Master Plan calls for redevelopment with 3-story buildings – premature to restrict use until in place, with ADA access – concerned whether existing real estate offices would be impacted if building ownerships change, or leases expire (Attorney Gertner: would generally remain pre-existing, non-conforming use, as long as existing leaseholds are renewed with no requirement for new CO) asked about burden of property owner to make structure ADA-compliant – might limit ability to utilize available floor space (Attorney Gertner: real estate offices are being treated as other professional offices – cleans-up code; Mayor Vogel: Governing Body taking proactive measures to clean up Master Plan – commercial areas continue to be an important part of Point Pleasant Beach – have put restrictions on residential uses in 2 zones) as a trade association, want to be treated as equals and protect Realtors’ rights to conduct business in all NJ business communities.
David Cavagnaro, 118 Parkway: echoed ADA compliancy problem – asked why one -story buildings can’t be rented to real estate offices (professional offices are complimentary to retail/restaurant-type commerce, which belongs on 1st floor; prior to ordinance, real estate offices were being given preferential treatment) asked if ordinance could allow them on 1st floor (retail & restaurants bring people to area and stay open later – goal is to bring traffic downtown – new Master Plan will promote commerce and a walk-able, late-night community there; Governing Body embraces professionals in other areas, such as Highway Commercial; looking to bring in people and make more vibrant – will help all businesses; must look at community’s best interest) something to look at, if open space downtown.
Anthony Bell, President-elect, Ocean County Board of Realtors: families with children come to our offices – could be difficult or dangerous to drag kids to second floor.
Christian Schlueter, VP, Ocean County Board of Realtors: asked how problems with disabled people entering or owning real estate office would be addressed and who would pay for construction to allow for that – questioned why, if there were changes in lease, there may be an issue – those that are already there should not be punished (other business there are existing non-conforming uses – at some point, they or those uses might not be allowed to continue in current location – no different than any other community – accountants and lawyers in same situation – ADA access is up to business/property owners to address; Master Plan Review Committee and Planners are trying to stimulate retail, high-traffic type businesses – would love to see real estate offices explore other areas – not unfair or unreasonable) putting burden on existing building owners.
Motion by Councilman DiCicco, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-24 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-25 (Establish Recycling Coordinator Position) 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 DiCorcia and carried by the following roll call vote, Ordinance 2006-25 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-26 (Establish Community Rating System Coordinator Position) 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 2006-26 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-27 (Removing/Spraying Vegetation on Borough Property) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-27 was approved on first reading. The public hearing will be held on September 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-28 (Code Enforcement/Zoning Officer) was introduced on first reading.
Motion by Councilman Dyer, seconded by Councilman DiCicco and carried by the following roll call vote, Ordinance 2006-28 was approved on first reading. The public hearing will be held on September 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-29 (Teamster Union Salaries) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2006-29 was approved on first reading. The public hearing will be held on September 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-30 (Overtime & Comp Time Policy) was introduced on first reading.
Motion by Councilman Liotta, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2006-30 was approved on first reading. The public hearing will be held on September 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-31 (Construction Code Official) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2006-31 was approved on first reading. The public hearing will be held on September 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Mayor Vogel: thanked Personnel and Finance Committee for hard work and initiative in union negotiations, cleaning up ordinance structure and job descriptions, and managing of overtime and compensatory time.
Clerk Ellsworth corrected and added several items to Consent Resolutions.
Motion by Councilman Liotta, seconded by Councilman Dyer, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Appointment of Kyle Boturla to the position of police officer effective 7/18/06
b) Raffles License Applications (2) for Brick Woman’s Club on 11/12/06
c) Removed
d) Approval of Payroll #16 ($259,375.58)
e) Approval of ABC Social Affair Permit for Elks Lodge #1698 on 10/7/06, contingent upon hiring two police officers
f) Raffles License Application (2) for Pt Pleasant Library Assn on 12/2/06
g) Salary Adjustment for Barbara McAteer for passage of certification course
h) Appointment of Michael Gardner as Community Rating System Coordinator
i) Payment to Warnock Fleet for police vehicle ($22,769.35)
j) Raffles License Application for BPOE #1698 Ladies Aux on 9/16/06
k) Refund unexpended Board of Adjustment escrow account balances
l) Progress Payment #3 to Certified Valuations for reval ($32,146.92)
m) Third Quarter Payment to the OCUA ($279,097.50)
n) Payment to Thomas Planning Associates ($4,706.10)
o) Payments to Schoor Depalma from escrow accounts ($3246.75)
p) Renewal of contract with Muskrat Jack for animal control services
q) Payments to Schulman, Wiegmann from Bd of Adjustment escrow accts ($325)
r) Approval of Chapter 159 for Beautification from private donations ($300)
s) Approval of Chapter 159 fro Police K-9 unit from private donations ($500)
t) Payment of 3rd Quarter Tax Allocation to County of Ocean ($1,726,046.39)
u) Payment of 2nd installment to PPB Parking Authority ($36,667.00)
v) Payment to Detcon for repairs to refuse truck ($3110.80)
w) Payment to Eventide for police communications equipment ($18,718)
x) Payment to USA Bluebook for water meters ($16,254.51)
CONSENT RESOLUTION 2:
a) Payment to JJB Brothers for public works uniforms ($5,469.25)
b) Payment to Pedroni Fuel for gasoline ($22,685.65)
c) Refund of dewatering deposit ($300)
d) Authorization to purchase ‘Urgent If Flashing’ signs from ISS ($3475)
e) Water/Sewer bill adjustment (1)
f) Authorization for sale of Bond Anticipation Notes ($2,992,500)
g) Payment to Aqua Survey for Lake Louise dredge testing ($6710)
h) Authorization to expend funds for Inlet Celebration equipment ($200)
i) Payment to Quality Communication for police computer ($5495)
j) Payment to Lasting Lines for painting of parking lines ($17,300)
k) Approval of computer generated vouchers ($2,509,991.77)
l) P O to Major Police Supply for police car equipment ($19,187.20)
m) Payment to Brick Utilities for July water usage ($110,268.82)
n) Payment to Metric Parking for terminal processing fee ($5460)
o) Payment to Metric Parking for service agreement ($4100)
p) Payment to Murphy Bus Service for park program bus service ($2595)
q) Performance Guarantee Release (2)
r) Award of contract for Riverside Place roadway improvements to Earle Asphalt ($114,013.13)
CONSENT RESOLUTION 3:
a) Opposition to Fluke-Quota
b) Chapter 159 – Secure Our Schools Grant
c) Payment to R T Davies for tree service ($5800)
d) Approval of Payroll #14 as corrected ($256,672.31)
e) Approval of Payroll #15 as corrected ($262,446.64)
f) Approval of Payroll #17 ($246,827.56)
g) Authorize removal of handicap parking space at 308 Arnold Avenue
h) Payment to McKeon Electric for repair of court air conditioner ($264.60)
i) Payment to Coded Systems for code book updates ($3838.80)
j) Water/Sewer bill adjustments (6)
k) Authorization for Antrim PTO to sell raffle tickets at Inlet Celebration event
l) Authorization for Schoor DePalma to proceed with implementation of River Avenue Traffic Calming Plan
m) Authorization to form a local bike/walking club committee
n) Approval of curb cut request at 17 Atlantic Avenue/aka 808 Boston Avenue
o) Authorization for Borough Administrator to draw-up ‘Adopt-A-Spot) guideline and procedures
p) Authorization for Fire Companies and First Aid Squad to charge for parking lot use during Seafood Festival
q) Authorization to pay 2004 and 2005 salary adjustment, due to extraordinary circumstances, to Paul Weaver, contingent upon union approval
VOTE: Council Members Liotta, Loughran, Corbally (all items except Consent Resolution 2,
Item ‘g’), DiCicco, Dyer, DiCorcia….YEA
Councilman Corbally (Consent Resolution 2, Item ‘g’)….Abstain
Mayor Vogel: formed Bicycle/Pedestrian Committee as tool in obtaining grants to make Borough more bike-/pedestrian-friendly – will accept names of those interested in serving; Ocean County Fire Marshal’s office was in Point Pleasant Beach four times, making site inspections of problem rental properties and various business establishments – checking for occupancy limits and life safety hazards – feedback has been positive; commended all who worked on Neighborhood Preservation Grant – received grant from DCA; gave information to Governing Body on deck collapse a few weeks ago – had follow-up recommendations from Building Inspector and Schoor DePalma – second incident in about 4 years – Governing Body is looking into whether this is a trend and if anything can be done to protect visitors and residents.
COMMITTEE REPORTS:
Councilman Liotta: Boardwalk is in poor shape in many locations – Schoor DePalma has done some repairs – after summer, have to consider that some major portions of Boardwalk need to be replaced; week from tonight is the celebration of the 75th Anniversary of the opening of the Manasquan Inlet – Point Pleasant Beach, Point Pleasant, Manasquan and Brielle are involved – will have bands, children’s activities, etc.; thanked Beautification Committee for their work at the Inlet; parking revenues, through 8/11/06, are up $161,487 from last year – Court revenue is up $58,000 from last year – investments are up $42,000 – hotel/motel tax is up $8,800.
Councilman Loughran: much discussion about new ways to generate revenue – met with Councilman Corbally and Dennis Russell to discuss putting parking machines at Railroad Lot – town spends considerably on maintenance, lighting, police, etc. – large use on summer weekends – asked Council’s permission to meet with Metric Meters to discuss what’s necessary to ready lot for next summer – would involve smaller daily commuter fee, and hourly fee for beachgoers on summer weekends – asked that Dennis Russell, Councilman Corbally, Chief DePolo and Sal Pepe attend; residents are purchasing garbage cans intended for automated trucks – they’re heavy, lids are attached, difficult to lift – should tell homeowners garbage will not be dumped from them (Administrator Riehl: notices were taped today to cans exceeding limit; Mayor Vogel: was also communicated in tax bill mailing and to local merchants that sell garbage cans); trains don’t clear station on weekends – asked Administrator Riehl to send letter to NJ Transit about regulating trains, so gates go up and there is no gridlock (Mayor Vogel: have not responded to past correspondence; Administrator Riehl: have sent letters – will send follow-up); congratulated Mayor Vogel on birth of son.
Councilman Corbally: don’t think revamp of train station lot will be costly – will number spots and move existing boxes to lot – can bring more money into town without spending a lot (Mayor Vogel: commended him for his work on the Farmer’s Markets).
Councilman DiCicco: met with Police Committee, Chief DePolo and Lt. Dikun, last week, regarding state of Police Department – talked about levels/types of crime, types of patrons coming into Borough, enforcement, tickets given – Committee believes Police are doing an excellent job – crime rates are up in a lot of other municipalities, but both violent and non-violent crime have decreased here – attributable to strict enforcement – 864 traffic stops in July, with 464 summons issued and many warnings; Lt. Dikun was awarded "Instructor of the Year" for 9th consecutive year by Ocean County Chief’s Association – town is blessed to have him and Police force; received $525,000 “At Home Down the Shore” grant, to be administered by DCA over next 5 years – $125,000 in first 18 months – have dynamic plans for the money – looking to make Broadway/Ocean rectangle more pedestrian/bike-friendly, improve traffic, streetscape, etc.; applying for LTA Grant – one reason why Bike/Pedestrian Commission was formed; thanked Mayor for inviting FEMA and Community Rating Administrator to town – first step in getting discount is to get letter of good standing – invited Patricia Griggs of FEMA to start process – appointed CRS Coordinator, a prerequisite to getting back into system – expect to be there by May 2007; thanked Ed Sirchio for pointing out problem that might have been caused by Point Pleasant Beach pump station and the outfall pipe – spoke with County Engineer Lotrecchio, who met with manufacturer of the “smart sponge” – Mr. Lotrecchio also spoke to Brick MUA, which operates that station for the County – will look at setting it differently so it is triggered only in very severe storm events; commended Mayor and Council for looking at tree ordinances – will try to create incentives for people to put trees on curb lines.
Councilman Dyer: Building Department revenues are up $29,511; looking into decks from standpoint of what can be done when issuing CO’s for rental units – buildings are reviewed according to international maintenance code – from legal standpoint, the more restrictions town puts on, the more liability town takes on; thanked Ocean County Fire Marshall’s office for going through town at night for free – did nice job and made some good suggestions; over the last 4 weeks, have had 17 noise violations, 2 arrest summonses, 240 Borough Ordinance tickets given – Police are doing a terrific job; presented $1,000 to Chief DePolo, from the Spano Family Foundation, out of Freehold, to be used for a bicycle shed or ammunition for test firing; read North Wildwood City Council’s tourism study – they identified a Tourism Improvement & Development District and were able to levy a 2% tax on some of the places that put a burden on people throughout town – will follow up; need to keep eye on New Jersey property tax reform – need to voice opinions.
Councilman DiCorcia: Project Lifesaver was in “The Ocean Star” – twice in eight days, helped locate two missing elderly persons – also helps special-needs children – hope to have member of Ocean County Sheriff’s Department at next Council Meeting at 6:30 p.m. to explain program for all those interested in safety and welfare of citizens; forwarded letter, from 13-year-old resident of 209 Trenton Avenue, regarding speeding, etc. to Administrator Riehl and Chief DePolo; noted problems with parking machines and lighting at Inlet (lot of problems occur when people panic – have been discussions about going to a numbered system throughout town, so people would no longer have to put the receipt on the dashboard; agreed that railroad situation is horrendous – working to resolve; noted an article in today’s “Asbury Park Press” entitled “Local Rule Puts Limit on Free Speech” – it references another town’s ordinance – thanked “The Ocean Star” for covering Point Pleasant Beach and criticized the “Asbury Park Press” for not doing so; during a previous administration, the one-way on Cramer Avenue was changed to the other direction – residents want it changed back – object is to take traffic from residential area onto major thoroughfare – asked Governing Body to consider (Mayor Vogel: asked Administrator Riehl to follow up with traffic engineer – still some concerns to be addressed) was already approved by Governing Body, but was never done; has asked Administrator Riehl to look into a Borough-wide credit card for emergencies.
PUBLIC PARTICIPATION PERIOD OPENED AT 8:34 P.M.
Dave Cavagnaro, 118 Parkway: congratulated Mayor Vogel on family addition; thanked Administrator Riehl for facilitating solution to flagpole problem at Inlet; asked if grass seed can be thrown down at Band Shell in September; asked about bubble-up on Baltimore – not in County proposal; asked if hotel/motel tax is secure or something Council is considering removing; asked if improvements made to Boardwalk can be considered a special assessment.
Vince Castin, 15 Trenton Avenue: commented about Inlet celebration – complemented commemorative booklet; counted 50-60 geese at Little Silver Lake – dog silhouettes attract them; wrote letter to BPU about power outage on August 2nd – JCP&L’s sub-contractor, from Pennsylvania, got the call at 8:00 p.m. and did not arrive at the outage location until 5:00 a.m. – took only 1/2 hour to get the work done – on August 3rd, lights went out again – this time, JCP&L responded within ½ hour with their own vehicles – was told if no one calls in the outage, there can’t be any response – should have a better system, given today’s technology.
John Szafranski, 319 Yale Avenue: was told letter was sent to Jenkinson’s about Boardwalk repair – public walkway – requires engineer approval, inspection, etc.; buses are loading and unloading on northwest corner of Parkway – kids crossing Ocean Avenue – need solution; need weekend code enforcement – lots of construction done then; asked what is required to open a church – Trinity Church put up signs on Arnold and St. Louis Avenues; there’s an ad in a Hispanic paper – “Come to Point Pleasant Beach –streets are lined with gold – can work here and get good money” – asked that ordinances be passed against hiring illegals, as was done in Hazelton, PA and Riverside, NJ; code enforcement needs to get into overcrowded homes – they’re fire hazards.
Max Gagnon, 304 Parkway: asked if vegetation on State and County property can be included in Ordinance 2006-27; Appellate Division says only 25 cars can be parked in lot on corner of Parkway and Ocean Avenue – presented photo, taken last Thursday, showing 25 cars and an 18-wheeler in lot – expects town to keep track and do something about it – they should be fined; employees are parking by house behind Perks in SF5 residential zone – expects Council to do something once and for all – garage apartment is being used for storage for some business – if we let them encroach on SF5 zone, next thing we know they’ll be halfway up the street.
Ed Sirchio, 722 McLean Avenue: thanked Mayor and Council, Administrator Riehl and Clerk Ellsworth for nice job done for Jaworovich family; thanked Councilman DiCicco for checking outfall – nothing’s been done – talked to 2 DEP Commissioners – only 1 complaint filed – Ocean County Health Department found no problem with almost a million dead crabs on beach – children swimming at Bay Head got oily residue on them; attended 3 Planning Board/Board of Adjustment meetings – heard people say “its the law – can’t fight it – they’ll win in court” – Council needs to pass ordinances, create limits – losing town’s ambience, commercial and historic businesses – house next door to him, built in 1906, is being knocked down; had asked that his letter to “Asbury Park Press” be read at meeting – wasn’t; believes Code Enforcement/ Building Inspector messed up at house next door – was put in sideways – need ordinance passed, so it won’t happen again; last year, 20 trees, some over 100 years old, were taken down – no privacy in his yard/house anymore – guy across street may knock down historic home to put in 3 building lots – up to Council to put deed restrictions on properties – municipal beach has deed restrictions/reversion clauses – they’re illegal – can’t park or put access point on Delaware Avenue; would appreciate ordinances to prevent people from buying/knocking down/ building bigger; houses are being reassessed – taxes support tourism; if charge in Railroad lot, more people will park west and south of tracks.
Ben Dispoto, 311 Parkway: asked if anything can be done with property between Route 35 North and South at the turn-around – open construction at site, have torn down trees – doesn’t look safe – makes a bad impression when coming into town.
Candace Donoghue, 1304 Baltimore Avenue: Ordinance 2006-27, line 3, is unconstitutional – Council doesn’t have that authority – should add “as per DEP regulations 7.7A” after item c, or delete from after semi-colon – usual, in law making, to reference State or Federal laws pertaining to such; asked what steps Council has taken to correct catch basin cleaning this year – concerned about sediment, trash, debris – town was in violation and written up by DEP – funds are available for storm water runoff treatment, as are better traps and drains.
Rich Williams, 208 Washington Avenue: commended Council’s plans for Bicycle and Pedestrian Committee and tree restoration/preservation; thanked Police for responses to Animal House issues next door; hearing loud motorcycles when bars let out – taking off mufflers, which is illegal.
Debbie Petersen, 409 Newark Avenue: as a taxpayer, thanked Council for getting revenues up – asked them to work harder to get costs down.
PUBLIC PARTICIPATION PERIOD CLOSED AT 9:12 P.M.
The meeting was adjourned at 9:12 p.m.
Transcribed By:
Eileen Farrell
Attest: Maryann Ellsworth, Municipal Clerk
