Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:01 PM. with Mayor Vogel, Council Members Liotta, Corbally, Loughran, DiCicco, Dyer, and DiCorcia present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Peter Kearns, Attorney for Nigeo Corporation T/A the Shrimp Box, addressed Council regarding application by his client to expand licensed premises to include an outside deck, due to the popularity of outside dining – multi-faceted process – went before Planning Board where it was approved unanimously and have dealt with the State regarding permitting process.
Robert Burdick, Project Engineer, was sworn in and testified that expansion rendering was the preliminary and final site plan, revised 5/23/06 – plan calls for a 3 foot high by 3 foot wide planter between the car stops and patrons dining on outside patio area – affords as much resistance as the building itself, 900 pounds per linear foot – upon questioning about putting in more pilings for boats, replied that this was not allowed by DEP – application has been approved by CAFRA.
Upon further questioning of Attorney Kearns, Engineer Burdick and owner Mr. Gyftakis, it was established that: there would be no live music on the outside patio; there would be a service bar to service deck patrons; deck area would not be open without the restaurant being open; hours of operation will be noon to 10:00 pm for patron seating, with dinner completion and clean-up through 12:00 midnight; there will be no stools at the bar.
Attorney Gertner asked about separate ingress and egress for patrons of the patio and how it was to be controlled. Applicant agreed to condition that host/hostess be posted there.
Chief DePolo: owners and managers run a very responsible establishment – main concern is what it can evolve into under new ownership.
Mayor Vogel asked that applicant be required to provide table service only
Attorney Gertner: expansion application will be subject to 1) all conditions of Planning Board resolution with the additional conditions of 2) table service only and 3) host/hostess stationed at ingress/egress to outside patio.
Public participation was held with no member of the public wishing to be heard.
Motion by Councilman DiCorcia, to approve the expansion application with the three conditions listed above, was seconded by Councilman Dyer and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Sal Pepe, Chairman of the Open Space Advisory Committee, addressed Council on Open Space Plan: Committee trying to prepare Open Space and Recreation Plan that will be acceptable to the public, the Planning Board and the Governing Body – have held approximately 8-9 meetings with 2 public forums – reviewed total plan as prepared by Schoor Depalma and edited it – developed list of potential property acquisitions – access to water was paramount with both Committee and public – discussed expanding Boardwalk south and west – Borough falls short by 27 acres, in its open space inventory, if acres by population method is used for calculation – if other method, which is more popular with the State, is utilized, the Borough still falls short by 9 acres.
Anne Lightburn, Open Space Advisory Committee member and Environmental Commission Chairperson: presented handout on milestones, Green Acres funding status and next steps for consideration by the Governing Body – have been advised by State to submit plans to Green Acres Planning Incentive Program even though there are no Green Acres funds available for 2007 (Mayor Vogel asked if Green Acres grant duties could be encompassed by Neighborhood Preservation Program Coordinator) Open Space Inventory needs to be updated and Schoor Depalma is working on that – there’s other funding sources out there and they should be investigated.
Department Head memos and correspondence were discussed – Rockafellas ABC License transfer will be held for action until the January 19th meeting, per request by applicants and current owner; American Cancer Society ‘Breast Cancer Awareness’ walk application was discussed, with Mayor Vogel recusing himself from said discussion – parking fee waiver for all of Little Silver Lake lot approved – approval was conditioned upon applicant placing notification of route in local newspaper.
Motion by Councilman Liotta, to enter closed session to discuss personnel (1) and contractual (1) matters, was seconded by Councilman DiCorcia and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia…..YEA
Closed session started at 6:55 P.M. and ended at 7:17 P.M.
Mayor Vogel called the regular meeting to order at 7:31 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.
Mayor Vogel announced that further action on Ordinance 2006-47 (Rental Property Guest Registration) was put on hold by the Governing Body.
Ordinance 2006-42 (Comply with Municipal Stormwater ManagementPlan) was considered on second reading.
Mayor Vogel: allows Borough to comply with federal and state mandates on stormwater management.
Ron Gasiorowski, Attorney for Martells: all properties presently existing east of Boardwalk are non-conforming structures as well as uses – if this passes, many of those properties will have serious problems – wording ‘as deemed appropriate by Board Engineer’ can present further problems – asked that Governing Body create overlay zone which deals with these properties and makes those existing structures conforming instead of non-conforming – asked that overlay zone be created during re-examination of Master Plan or that 19-11.6 be struck in its entirety.
Attorney Gertner: recommendations come from Engineer in direct response to State stormwater criteria – Ordinance would be triggered when applying for Certificate of Compliance – request is to review with Borough Engineer what actions can be taken so Borough can maintain compliance with State stormwater regulations while mitigating effects to long-standing non-conforming uses.
Ron Gasiorowski: will affect the marketability of these properties.
Motion by Councilman DiCicco, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-42 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-44 (Multi-Purpose Bond) was considered on second reading.
Doris Sedlak, 313 Parkway: asked if something was being done about her street – what part of Parkway is being done (ties into existing County work with drainage on Baltimore Avenue and cross streets) asked if something is going to be done on bubbler (Chicago and Parkway work is part of solution to your problem – natural drainage problem though and the only way to address it is through underground drainage; asked Administrator Riehl to look into pothole there).
Motion by Councilman Loughran, seconded by Councilman DiCicco and carried by the following roll call vote, Ordinance 2006-44 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-46 (Motel/Hotel Guest Registration) was considered on second reading.
Mayor Vogel: much discussion at first reading – modeled off program presented by Department of Justice – positive step in addressing some concerns in certain areas.
Patty McAndrew, Broadway: new member of community – the lady who mentioned her name and address last week had part of her property destroyed the day after the meeting and feel there is a relationship to her comment on the proposed ordinance – it’s important to be positive and improve the community – had I known there were such issues with transients, I never would have purchased this property – been here a few months and already had someone peeking in my windows – motion detectors have gone off and people have been behind my house – it’s important to have a standard or protocol that everyone can use.
John Hurler, Niblick Street resident and owner/operator of the Atlantic Motel: there was a meeting called by Police Chief DePolo in February 2004 – spoke about properly identifying guests – was our understanding that matters have been operating well – asked to table ordinance and continue dialogue that started over two years ago – give us the opportunity to meet collectively and have an in depth discussion – asked what data pre-empted this ordinance (police data which showed calls to all hotels) 17 calls shown at our hotel, 14 of which were traffic stops in front of our property which had nothing to do with our property or guests – were told at meeting with Chief to call for any assistance needed (most motel owners already doing what ordinance is asking for – willing to set-up meeting, in January, with stakeholders and can tweak this ordinance later) trying to insure that stakeholders are not left out of circle – affects a lot of people’s livelihoods – Hotel and Lodging Association feels there are civil rights problems (no constitutional impediment to passage as per Ocean County Prosecutor’s Office).
Marilyn Burke, 118 Central Avenue: concurred with Mr. Hurler – never been asked for a picture ID at hotels when traveling in the United States (no picture ID required – if this prevents one crime, it is a good ordinance) – concerned that it will spread – another ordinance was proposed for rental properties.
Chief DePolo: must be proactive to prevent problems in the future – statistics with motel guests being involved in problems elsewhere in town would not show up on log which pre-empted this ordinance.
Lt. Dikun: proactive ordinance based on study conducted in Chula Vista – California, funded by the Department of Justice, and confirmed by many different organizations, including academia – addresses problem areas and could have prevented problems that surfaced in the past – police department tries to address problems in community before they become bigger problems –most important factor in quality of life is feeling safe and secure in your home, especially those that live in buffer zones – increased police presence has been shown to have very little affect on resolving problems from motels – two things that have had the greatest impact, nationwide, are the ID provisions in this ordinance and regulating length of stay – statistics show that there is a 1300 % greater likelihood that person staying in transient motel is on probation and 400% greater likelihood that person is on parole as compared to the general population – concerned with civil rights and satisfied that ordinance passes constitutional muster.
Motion by Councilman Loughran, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-46 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-48 (Commercial Parking Pass) was considered on second reading. Motion by Councilman Corbally, to adopt with amendment of fee change from $250 to
$500 per vehicle, was seconded by Councilman Dyer.
John Criscuolo, A. E. Styles and Company: adjacent to parking lot where we park three vehicles – think its a good thing as it has a monitoring affect – difficult to comply with 48 hour limit on weekends (thought weekends and holidays were excluded).
John Szafranski: have we isolated how many spots are for trucks or where they can park?
Joe Lemma: trucks have been parking there for twenty years and paying nothing – asked who checks what’s in the trucks – two oil tanks parked in that lot – how are they going to get in and out of that lot – trucks over 4 tons are not allowed on River Avenue so can only get in and out on Route 35 – commercial business will write off parking fee as a business expense – $.68 a day is a real bargain.
Attorney Gertner: noted for the record that truck parking will be regulated by parking spot striping.
Max Gagnon, Parkway: no problem with ordinance as it is – should get some engineering done regarding whether black top will be sufficient for the trucks parking in that lot
Motion by Councilman Dyer, to amend ordinance by covering parking over weekends and holidays in section 3M, was seconded by Councilman DiCicco and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Motion by Councilman Corbally to amend fee to $500 per vehicle, was seconded by Councilman Dyer and carried by the following roll call vote:
Motion by Councilman Corbally, seconded by Councilman Dyer and carried by the following roll call vote, Ordinance 2006-48 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-49 (Amend Residential Parking Pass Program) was considered on second reading.
Dave Cavagnaro: should be predicated on property ownership not residency (Attorney Gertner: beyond scope of this ordinance)
Louise Stillufsen, River Avenue: asked how many passes were bought by residents (184) – don’t think we should expand it to taxpayers.
Motion by Councilman Dyer, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-49 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Clerk Ellsworth added several items to Consent Resolutions.
Motion by Councilman Loughran, seconded by Councilman Corbally, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Approval of Payroll #25 ($212,722.33)
b) Payment to Quality Communications for police communications equipment ($55,382)
c) Payment to Ocean County Landfill ($29,430.46)
d) Refund of dumpster bond
e) Payment to Open Space Trust Fund of 2006 allocation ($67,094.63)
f) Appointment of hall monitors for Recreation Basketball Program (2)
g) Payment to Ben Dispoto for meetings attended as Recycling Coordinator ($672.80)
h) P O to Quality Communications for Toughbook Computer ($4495)
i) Payment to Major Police Supply for equipment for police cruisers ($19,187.20
j) Progress Payment #4 to Meco for work completed on improvements to North, East & West Streets ($13,962.65)
k) Payment to Detcon for repairs to sanitation truck ($7028.25)
l) Payment to M E Sabosik for carpet & installation ($6140)
m) Authorization for Mayor to execute contract with Transport Workers’ Union
n) Authorization to cancel checks outstanding
o) Authorization to cancel unexpended balance sheet items
CONSENT RESOLUTION 2:
a) Transfer of funds between 2006 Budget accounts
b) Approve Safe Routes to School grant application
b1) Approval of By-Laws for Point Pleasant Beach Community Endowment Fund
c) Water/Sewer bill adjustments (14 accts)
d) Authorization for PPB High School Mock Trial Team to use courtroom on 1/4/07
e) Progress Payment #2 to Earle Asphalt for curb & sidewalk improvements ($5961.46)
f) Progress Payment #2 to Earle Asphalt for roadway improvements to Riverside Place ($10,823.64)
g) Raffles License Applications (2) for the PPB Public Ed Fdn on 1/19/07
h) Payment to Brick Utilities for November water usage ($59,809.64)
i) Payment to Fire & Safety Services for lights on fire truck ($3480)
j) Approval of Payroll #26 ($207,550.73)
k) Payment to NFPA for fire company supplies ($1054.09)
l) Payment to Alert All for fire company supplies ($222)
m) Payment to Colorfully Yours for Fire Prevention Week supplies ($68.02)
n) Approval of computer generated vouchers ($314,277.44)
o) Approve Special Event application for American Cancer Society Breast Cancer Awareness walk on 10/21/07 with waiver of parking fees and event notification conditions
p) Denial of request for curb cut larger than 16’ – Lands End Condos
q) Authorization to provide battery backup to traffic light at Broadway and Baltimore Avenue through Schedule C
r) Denial of request for water/sewer bill relief – 116 Philadelphia Avenue
Consent Resolution 1/VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Consent Resolution 2/VOTE: Council Members Liotta, Loughran, Corbally, DiCicco (items a-c, e-f, and h-r), Dyer, DiCorcia….YEA
Councilman DiCicci (Items ‘d’ and ‘g’)….Abstain
Mayor Vogel: compliant with FEMA to participate in community rating system; changing collection stream for recyclables – can make more customer friendly; received $5000 in grant funds from State for ‘hepatis b’ inoculations for emergency personnel; setback on dredging of Lake Louise from DEP; Phase III of Downtown Revitalization going to bid on January 10th; congratulated Elks cheerleading squad, four of which live in Point Pleasant Beach, for placing third in nation in competition; thanked Councilmen Dyer and Liotta for their service to the community – pleasure working with them – they served with dignity and a great deal of commitment and enthusiasm.
Councilman Liotta: Environmental Commission and Beautification Committee would like to express their thanks to Bob Meany and Public Works staff for their aid and assistance in plantings; thanked Kathy Heim, from Historical Society, for her work on the Inlet Celebration.
Councilman Loughran: thanked public works for all their hard work on leaf pick-up; have been asked about County equipment on beach – spoke about it at last meeting – County was gracious enough to assist town by moving sand on beach so it doesn’t blow right back on Boardwalk; appealed to ‘Save Lake of Lillies’ group to consider dropping law suit against the town and open lines of communication – lawsuit will not expedite project to dredge lake – will have a new administration in 2007 and maybe a good time to start fresh; thanked Councilman Liotta for his work over the last three years; thanked Councilman Dyer and Attorney Gertner.
Councilman Corbally: thanked Councilmen Liotta and Dyer, as a taxpayer, for all their hard work – formed friendships along the way; River Avenue meeting will be held on January 10th at 6:30 p.m. – letters will go out next week.
Councilman DiCicco: most changes in government happen at a slow pace – sometimes not overly visible to the public – for last two years, worked closely with Councilman Liotta and, last year, with Councilman Dyer on the Finance Committee for very minimal budget increase in 2006 and no increase in 2005 – Councilman Liotta worked with me on FEMA project and now our town is back in the rating system, with reduced flood insurance rates for residents – worked on two collective bargaining agreements and have eliminated some of the most costly benefits, which they are finally talking about in Trenton – produced a master plan review report which will create a framework for our community to keep that small town feel – did considerable work on lakes, moving towards dredging, and attended several DEP meetings – 20 years from now when John Szafranski asks about budget costs the mayor then will point back to Councilmen Liotta and Dyer for helping to put the town back on sound financial footing – some of the items they have accomplished will not bear fruit for several more years.
Councilman Dyer: proposed that new Council create a Beach Utility – Neptune created a Harbor Commission that works with businesses to create resurgence in that area – also proposed forming a Boardwalk Utility to look into cleaning, repairs and upkeep of Boardwalk – will hand information to one of the remaining councilman for further Council review; thanked all Council members – enjoyed time on Council, even though short; appropriate to honor past mayors and council people, though not one term holders; hard pressed to find a Council throughout the State that was unanimous on every vote, except one, in the past year – all of us worked together to do what’s right for the town – Council addressed and discussed all issues – did many things while still remaining fiscally responsible – that’s what this Council is charged with and what it has done; enjoyed working with concerned citizen volunteers and town personnel; didn’t know I was going to be paid $4500 per year when I ran for office – doing this to serve town not for personal gain – the lack of respect by a few people for all of us amazed me – believe in the 1st Amendment and the right of free speech, but something is wrong when people can’t express their feelings with respect and in a dignified manner – should show respect for the people that serve you, both Council members and employees of the town – may not be able to move as fast as expected, because dealing with legal issues and regulations, but trying to address the issues that are brought before us; appreciate being given the ability to serve the residents of this town.
Councilman DiCorcia: lost seven times while running for office – not finished when you loose only when you quit – hope you never quit – should consider coming back and doing what you do so well.
PUBLIC PARTICIPATION PERIOD OPENED AT 9:11 P.M.
Dave Cavagnaro, 118 Parkway: thanked Councilmen Dyer and Liotta for their service to community and Councilman Liotta for his help with beautification; thanked Public Works for pick up after last wind storm; thanked Council for tabling Ordinance 2006-47 on rental properties, but made it for Council consideration without any input from the Code office, Tourism Advisory Committee or Real Estates – while safety is a concern, civil liberties need to be respected also.
Perry Ciampolillo, representing mother who owns property at 1100 Richmond Avenue: Beach residents for 30 years – our insurance company required us to replace sidewalks raised by trees, which were planted by towns 20 years ago – was told by tree expert that town planted them incorrectly which led to the sidewalks lifting so severely – had to replace sidewalks, remove trees and replant two that were removed – township needs to bear some of the responsibility for this (should speak with Administrator and legal Counsel); agree with Council to require those staying in town to provide ID.
Marilyn Burke, 118 Central Avenue: thanked Councilman Dyer for working in conjunction with both Democrats and Republicans for passage of much needed legislation; thanked Councilman Liotta for all he did the past three years, especially for Beautification and Inlet Celebration – attended all concerned citizens meetings – you are a person with honesty and integrity and Council will miss both you and Councilman Dyer.
Judy Applebee, President of Ocean County Board of Realtors, and Jack McHugh, President of Southern Monmouth Board of Realtors: thanked Council for tabling ordinance until some concerns which were raised could be addressed.
Vincent Barrella, Niblick Street: local politics affected personal friendship – slander during recent election was despicable, lies were indefensible – unlike many here Councilman Liotta is not looking to pad a pension or run for another office, only here to serve the residents of Point Pleasant Beach; thanked Councilman Dyer for work he’s done here and Sean Gertner for being the most competent attorney the Borough has ever had.
Robert Calcagno, 219 Washington Avenue: asked Council if they’ve seen how bad Washington Avenue looks due to the geese – has gone on for over seven years – looks like a cesspool after they cross from the lake onto our property (addling eggs and pursuing other geese remediation efforts – Councilman Corbally looking into doing something permanent – other people’s success has been to our detriment by moving geese form their locale to here – State has finally given us a stronger stance on geese removal) adding fence would contain geese in lake (Administrator Riehl will look into fencing along that section of lake).
PUBLIC PARTICIPATION PERIOD CLOSED AT 9:28 P.M.
The meeting was adjourned at 9:29 p.m.
Attest: Maryann Ellsworth, Municipal Clerk
