December 18, 2007

MINUTES

December 18, 2007

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36 P.M. 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 moved to agenda for action.

No closed session was held, as there were no items to be discussed.

Mayor Vogel called the regular meeting to order at 7:30 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 the minutes of the December 4, 2007 Council Meeting, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Frances Labravico and Jim Robinson, Disabled American Veterans Chapter 20: expressed deep appreciation to Borough Officials and Clerk Ellsworth for allowing their chapter to conduct its annual ‘Forget Me Not’ drive – raised $4,000 this year – proceeds were given to two Veterans’ hospitals and three Veterans’ nursing homes in New Jersey; presented Certificate of Appreciation to Mayor Vogel, who accepted on Borough’s behalf and who thanked the Disabled American Veterans for their service to our country.

Councilman Loughran presented a proclamation to the Elks Pee Wee football program in honor of their accomplishments and congratulated them on a perfect season.

Ordinance 2007-28 (Establish 15 Minute Parking Zone) 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 2007-28 was adopted on second reading.
VOTE: Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Vincent Barrella, 116 Niblick Street, asked what happened to second reading of Ordinance 2007-27.
Attorney Starkey explained that Ordinance 2007-27, related to acquisition of 29 Inlet Drive, effectively did the same thing as Bond Ordinance 2007-26 so he recommended that it be withdrawn.
Councilman Loughran: asked what the harm was in having the second reading (Attorney Starkey: thought it was redundant and a waste) asked that the town not be billed for the ordinance (Attorney Starkey agreed) asked if Attorney Starkey spoke with Bond Counsel Mayer (yes) – claims he did not speak directly with you, but only got a voicemail (exchanged voicemails and then spoke with him – he left it up to me) – two totally different stories – regardless, every time Council passed a bond ordinance, when it came time to actually act on the bond and get the work done, Council voted on that item at a Council Meeting – don’t see this as any different – those other ordinances state what the bond is for, specifically (most bond ordinances adopted have a wide range of things they are to be spent for – the difference is, this bond ordinance has one purpose and one single thing it is going to do – it accomplished what the local Lands and Buildings Law requires, to give public notice of the property price and location, and of the intent to acquire it – that’s the same thing the ordinance he drafted was intended to do – expenditure was also authorized at the last meeting by approving a contract with terms for the purchase – Council has done everything legally required to both bond for and authorize the acquisition) there might be some people who saw both ordinances and decided to wait until the second reading of that second ordinance, which is actually the ordinance that would acquire the property (at every public meeting, including this one, public is entitled to speak on any topic) but there is no ordinance hearing listed for tonight, nothing that would require a vote after their opinions are voiced (the ordinance has been on at two public meetings and open for public hearing) was talking about the second ordinance, not the first one – understand that the first one was for the bond and the second for the acquisition – some people may have wanted to wait for the second reading on the second ordinance and they won’t have that opportunity now.
Councilman Mercun: clarified that anyone who showed up tonight, with the intent to speak about the ordinance, is free to – asked for clarification that, through prior actions, Council has authorized the purchase (Attorney Starkey: correct – through two public meetings – when it was discussed and when Council voted on it) Mr. Barrella specifically came here to speak about this – asked for clarification that everyone had the right to, especially those who felt they were not afforded the opportunity (they can speak at this meeting – also understand there was some lively discussion at the last meeting ).
Councilman Loughran: there was no discussion at the last meeting about the second ordinance ( Attorney Starkey: wasn’t there ) in a letter to Mayor and Council, Attorney Starkey stated that he understood there was discussion at the last meeting – there was no discussion in this room about Ordinance 2007-27 – there was a vote, but no discussion on whether it was needed (Attorney Starkey: was told by Attorney Keneally, who was here, that there were inquiries made as to whether that ordinance was necessary) – that must have been done after the meeting.
Councilman Mercun: troubled that attorney says he spoke to bond counsel and bond counsel says he did not – leaves sour taste in mouth – someone is being less than candid with this Council.
Vincent Barrella, 116 Niblick Street: asked if there will be any public discussion about the withdrawal of this ordinance (there is nothing to vote on) the ordinance that was supposed to be on for second reading has been pulled – the people who may have thought this ordinance needed to be approved, are now not afforded the opportunity to speak – this Council no longer has the opportunity to hear the views of those who might have opposed this purchase, prior to the Governing Body binding this Borough to spending a million dollars – crux of problem is that there is no vote – by removing it, you have effectively negated the ability of the public to perhaps persuade Council that their decision on December 4th was not the correct one (Mayor Vogel: as Mr. Starkey indicated, Governing Body has already authorized the funding and execution of the purchase contract; Attorney Starkey: there was a public hearing on the bond ordinance, which identified the property and price – there was a lively discussion over whether that purchase was appropriate – that is what the law requires) asked where, specifically, the price was authorized – asked if purchase price was a million dollars, or if that included demolition costs (price of $950,000 was in two locations – the contract, which was approved by resolution, and in Section 2 of Ordinance 2007-26, which read “$950,000 pursuant to the local bond law for the acquisition of 29 Inlet Drive”) public was not noticed beforehand of Council authorization for Mayor to execute contract (Attorney Starkey: resolution had the contract attached – Consent Resolution 2, item A, authorized the Mayor to execute contract for the purchase of 29 Inlet Drive) Consent Resolution 2 was not published in “The Ocean Star” as something that was going to be considered – unless somebody actually came to the meeting on December 4th, they would not have been aware of Consent Resolution 2 and the authorization to sign the contract (the agenda is made available to public with resolutions listed, through the Clerk’s Office, online, or at the meetings – there is no mandate for publishing resolutions in the newspaper) precisely my point – bond ordinance was published, but not the fact that the contract was going to be acted upon – in fact, if somebody went online to look at last meeting’s agenda, they would have assumed that there would have been further action needed before the purchase took place – not quite certain that the procedure followed here is legal – asked when the bond was set to close, when property closing was scheduled, and when the Borough was going to take title (bond closing is scheduled for either December 27th or 28th – anticipate closing will be on the 28th or the 31st of this month) at best, going to commit Borough to a million dollar bond, a million dollar purchase, within the last 1one to three days of a lame duck Council.
Mary Jane Olsen, 309 Laurel Court: under impression public would have been able to vote before buying that property for that amount of money – paying too much – from what I read in “The Ocean Star,” thought I would have the opportunity to speak tonight.
Ray Cervino, 206 Seymour Avenue: it’s deplorable that this Council is going to buy this property without some sort of discussion involving the citizens of this town – may be naive about politics, but this is something that won’t be tolerated, especially with some members as lame duck Council – bothered that this town has to incur this cost without benefit of second reading and public discussion.
Joe Lemma, 203 St. Louis Avenue: asked Mayor-Elect Barrella and new Council Members if Open Space, and what Council was doing, is good or bad for the town.
Max Gagnon, 304 Parkway: hate to hear, that after working for well over a year on Open Space Committee, and having Council Members sit on committee, that this is a dead-end Council and shouldn’t be doing anything about this – can’t just take this money and use it in any fashion – its dedicated dollars – have had meetings which were open to the public – outrageous to expect Committee to throw away a year and a half’s worth of work.
Frank Carey, 806 Braircliff Avenue: asked about bond ordinance and whether there were two readings (yes – introduction on November 20th and second reading on December 4th ).
Rosa Crowley, 1401 St. Louis Avenue: sad to hear Governing Body members being called lame ducks because they worked very hard on a lot of projects – by voting for Open Space, residents trusted Council to purchase properties with public input – must stand by our Council, regardless of election year and terms being up.

Clerk Ellsworth made additions and corrections to resolutions listed below.
Motion by Councilman DiCicco, seconded by Councilman DiCorcia, resolutions covering the items listed below, were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Payments to Schoor Depalma from Planning Board escrow accts ($750)
b) Payments to Madnick, Milstein from Planning Board escrow accts ($720)
c) Payment to Ahern Copy Center from Planning Board escrow acct ($56.70)
d) Payment to H C Sauer for electrical work on dispatch desk area ($3296.75)
e) Payment to All Hands Fire Equipment for portable generator lights ($3,672)
f) Authorization for Mayor to execute contract with Pepco for natural gas services
g) Payment to the Galvin Law Firm from escrow accounts ($1650)
h) Payment to JCP&L Co for work on DPW site improvements ($2895.64)
i) Performance Bond Reduction McDonalds
j) Payment to Verizon for work completed on DPW site improvements ($3000)
k) Payment to Brick Utilities for November bulk water usage ($65,724.72)
l) Payment to Princeton Hydro for professional services ($2772)
m) Approval of Neighborhood Preservation Plan, which was submitted to the DCA
n) Payment to Molner General Contractor for work on police dispatch area ($3875)
o) Change Order 1 to Earle Asphalt – Newark Ave road improvements (-$8513.43)
p) Progress Payt #2 to Earle Asphalt – Newark Ave road improvements ($9051.75)
q) Waiver of municipal portion of raffle license fee for PPB Fire Company #2
r) Approval of ABC Social Affair Permit – PPB Fire Co #2 Casino Night on 3/8/08
s) Payment to All Time Auto Body for repairs to police vehicle ($4938.80)
t) Renewal of Southern House ABC License
CONSENT RESOLUTION 2:
a) Approval of computer generated vouchers ($185,965.79)
b) P O to Kalispel Case Line for police vehicle storage racks ($1123)
c) P O to Greenline Data for police weapons storage cabinets ($4710.60)
d) Payment to Pt Pleasant Bicycle for police patrol bicycles ($3701.53)
e) Payment to Blue Line Emergency Lighting for police vehicle lights ($9516.08)
f) Payment to Dell Computer for police computers ($2260.80)
g) Establish reorganization meeting date on 1/5/08 at 12 noon
CONSENT RESOLUTION 3:
a) Payment to King, Kitrick & Jackson Trust from tax court judgment ($7437.07)
b) Payment to First American Tax Service for refund of duplicate payment ($1540.47)
c) P O to Blue Line Emergency Lighting for police vehicle lights ($9516.08)
d) P O to Fire & Safety Services for lights under fire truck platform ($8500)
e) Approval of ABC special affair permit for PPB Fire Co #2 on 3/8/08
f) Transfer of funds between 2007 budget accounts
g) Payment to Starkey, Kelly, Bauer, Kenneally & Cunningham for tax appeals ($18722.43)
h) Replacement of part-time clerk in Clerk/Finance Office effective 1/2/08
i) Payment to Viacom for refund of tax overpayment ($23.76)
j) Payment to Continental Fire & Safety for fire gear ($17,480.00)
k) Payment to Mumford-Bjorkman for inspection work on waterspheroid project ($4150)
l) Payments to CME Assoc from developers escrow accts ($1630.05)
m) Approval of Payroll #26 ($248,580.69)
n) Permission for American Legion Aux Unit 196 to conduct annual poppy drive from 5/15 – 5/31/08
o) Approval of request from Bradshaw’s Beach to place ticket booth at street end during summer season
p) Authorization to prepare payment plan for W/S bill – 100 Harvard Avenue
VOTE: Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Mayor Vogel: last Council meeting for some of us – bittersweet – will miss working with this group and interacting – many of us don’t always agree, but we all live in the same community – has been a great opportunity for me – thanked all the people he’s had the privilege to work with.

COMMITTEE REPORTS:

Councilman Mercun: been a pleasure working with Councilman Corbally and seeing all he’s tried to do; Mayor Vogel had Republican label, but party politics doesn’t mean anything on this level; Councilman DiCicco is one of the hardest working people he’s ever seen in his thirty years working in government; per Ben Franklin: “We must not in the course of public life expect immediate approbation and immediate grateful acknowledgement of our services. Let us persevere through abuse and even injury. The internal satisfaction of a good conscience is always present and time will do us justice in the minds of the people, even those most prejudiced against us.”

Councilman Loughran: been a pleasure serving with the departing members of this Governing Body for the last 2 years – have not always agreed, but respect their opinions; Mayor Vogel has done a great job.

Councilman Corbally: thanked citizens of Point Pleasant Beach for allowing him to serve for the last three years – thanked Councils he’s worked with – thanked Mayor Vogel, Council Members, Clerk Ellsworth, Administrator Riehl, Chief DePolo, and Public Works for their hard work; wished all a healthy and happy New Year.

Councilman DiCicco: received $20,000 DCA grant to conduct a feasibility study for potential construction of a Recreation Center; received General Permit 16 from DEP, which will enable next Governing Body to begin rehabilitation of Little Silver Lake and Lake of Lilies; quoted Harry Truman, “I always remember an epitaph from a tombstone in Arizona ‘Here lies Jack Williams…he done his damnedest.’ I think that is the greatest epitaph a man can have, when he gives everything to do the job he has before him. That is all you can ask of him;” congratulated Mayor Vogel – thanked his running mates and partner Councilmen who did their damnedest for the time he served with them; thanked Administrator/CFO, Chief, Clerk and Borough Staff – always made him look better than he was and truly appreciates that; was very happy with the Councils he served on – they always tried to serve in a bi-partisan way, always tried to take into account everyone’s opinion and synthesize that into what they thought was right; at start of tenure, said he would try to do the right thing, regardless of cost, political cost – tried to do that over the last three years; thanked the people of Point Pleasant Beach for giving him the opportunity to serve; wished all a Merry Christmas and Happy New Year.

Councilman Dixon: last year’s Building Department revenue was $442,000 – this year’s total, to date, is $462,000 – a 9.5% increase; didn’t know anyone on Council prior to being elected – proud to say he’s made some friends – everything these men have done has only been for the best of Point Pleasant Beach – they’ve tried their hardest – some people don’t agree with what they’ve done but, overall, they’ve gone with their hearts, thought things out, and did a very good job; the Mayor is a very knowledgeable guy – has a lot of respect for him – he’s done a fantastic job; Administrator Riehl and Clerk Ellsworth have done a wonderful job too; will miss the Mikes and hope Mike Corbally stays around, as Mayor Barrella doesn’t get the geese problem; looking forward to working with new Mayor and Council Members – think we can get a lot accomplished.

Councilman DiCorcia: can’t change the direction of the wind, but it sounds like we have to learn to adjust ourselves; this is his 20th year completed, a miracle for a Democrat – have never, in 20-30 years in politics, worked with a harder working Governing Body; there were a hundred public officials indicted, going to jail – thank God we can be proud of the folks that serve in Point Pleasant Beach – will miss you guys – you taught me some lessons – there were never more hard working men than you; wished everyone a Merry Christmas and Happy New Year.

Administrator Riehl: thanked departing Council members for the opportunity to work with them for the past three years – it’s mostly been truly a pleasure – wished them luck in whatever they choose to do.

Mayor Vogel: wished all a Merry Christmas and Happy New Year; it’s been a great experience – this Governing Body not only worked hard, but has shed a full Council Members as well – good to see people out walking and shedding pounds – normally, when someone leaves office they look older, but he’s in better shape than when he started.

Councilman DiCorcia excused himself, at 8:19 PM to attend initiation and indoctrination on behalf of the Elks’ Special Needs Children Committee – acknowledged support of the Pop Warner program – invited anyone to call him with questions.

PUBLIC PARTICIPATION PERIOD OPENED AT 8:20 P.M.

Craig Jones, St. Louis Avenue: thanked Mayor and Council for all they’ve done to start restoration of Lake of the Lilies – this Mayor and Council has done more in this short time than the previous administrations have done in the 35 years since the lake was donated to the town; wished Mayor Vogel and Councilmen DiCicco and Corbally good luck in the future and applauded them for the work they have done.

Vince Castin, 15 Trenton Avenue: recited an ode entitled, “The Departing” to the Governing Body Members who were leaving.

Ray Cervino, 206 Seymour Avenue: thanked Mayor Vogel for the opportunity to get involved and for his service to the town – thanked Councilmen Corbally and DiCicco for their public service – noted that they have given up a lot of their time, including time with their families – they have been devoted to the town and should be commended; wished all a Merry Christmas.

Scott Ingenito, Gowdy Avenue, Point Pleasant: complained that no Councilman had gotten back to him about concerns he raised four weeks ago and that the November 20th Council Meeting minutes were incorrect and highly edited (Attorney Starkey reiterated that this was not the proper forum – appeals of Zoning Officer decisions must be made to the Zoning Board of Adjustment, not the Governing Body).

Vincent Barrella, Niblick Street: believe, along with other Council Members-elect, that this purchase is fiscally irresponsible, given the conditions of Borough’s finances, which will be very troubling over the next year or two – expressed concerns about tax appeals and their direct hit to surplus – not Open Space that’s troubling, but this purchase that the town can’t afford; there was an issue regarding Permit #16, concerning cutting of vegetation – Police were dispatched and given or shown a copy of the permit, which was unsigned and had no letterhead – the actual permit was issued December 13th – at a loss to understand how a certain individual, not part of the Governing Body, got a copy of what looks like a draft of the permit before the Borough Administrator got a copy of the signed permit – very, very troubling – document in question looks like an attachment to an e-mail – if e-mailed by someone on our Governing Body, would find that very, very disturbing, primarily because December 13th was the date that the seven day period, mentioned in the permit, began to run – the permit basically says ‘the Committee shall allow the Department the right to inspect the construction site and also shall provide the Bureau of Coastal and Land Enforcement of NJ DEP with written notification seven days prior to the start of authorized work’ – the permit was issued December 13th, and the cutting took place on the 15th, so the math just doesn’t add up – seven days would be December 20th – the purpose of the seven days is to afford interested people the right to appeal – once things are cut down, that right of appeal no longer exists – not commenting on whether that is a good or a bad thing, just worried about the process and truly concerned that a copy of the permit got into the hands of the public before the official copy was transmitted to the Borough Administrator; one final note – that will be the last time the egg timer is heard in this Council Chamber.

Dave Cavagnaro, 118 Parkway: thanked departing Mayor and Councilmen.

Candace Donoghue, 1304 Baltimore Avenue: wished all a Merry Christmas.

PUBLIC PARTICIPATION PERIOD ENDED AT 8:37 P.M.

The meeting was adjourned at 8:38 P.M.

Transcribed By: ____________________________________
Sandra Petersen and Scarlett Johnson

Attest: ____________________________________
Maryann Ellsworth, Municipal Clerk