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. Hearing on Shrimp Box Application for expansion of ABC license was set for 6:00 pm on December 19th; Councilman DiCicco asked that the Borough Engineer provide a rendering of what kayak ramp at Lake Louise would look like – Lake Committee will review at meeting on December 12th before Council takes action; request to place sign at Pleasure Park was held until Council is provided photographs and written request – in process of formulating ‘Adopt-A-Spot’ guidelines. Attorney Gertner reported that some municipalities have established an entity, by resolution, to receive endowments to use for donated purposes – recommended having auditor keep the books; recommended change to Ordinance 2006-46 before first reading – strike ‘police officer of the state of New Jersey’ and change to any peace officer – will change wording to ‘any motor vehicle brought to the hotel/motel’ – will also change forms of ID required.
Motion by Councilman Corbally, to enter closed session to discuss litigation (2), contractual (3) and personnel (1) matters, was seconded by Councilman Loughran and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Closed session started at 6:53 P.M. and ended at 7:40 P.M.
Mayor Vogel called the regular meeting to order at 7:48 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.
Ordinance 2006-43 (Amend Ordinance 2006-29) was considered on second reading.
John Szafranski asked if high end of salary range reflects maximum that could be earned.
Motion by Councilman Liotta, seconded by Councilman DiCicco and carried by the following roll call vote, Ordinance 2006-43 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-45 (Establish Neighborhood Preservation Program Grant 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 DiCicco and carried by the following roll call vote, Ordinance 2006-45 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-46 (Motel/Hotel Guest Registration) was introduced on first reading.
Attorney Gertner explained changes, which were discussed in caucus session – asking for ID is constitutional and enforceable as per case law on the subject; Chief DePolo: have great relationship with most motel owners – probably the most impactful ordinance of my career in terms of aiding the police department in ensuring the safety of the public – in the off season, have many problems with renters in budget motels – domestic violence, assaults, drug distribution – four ‘Meghan’s Law’ offenders are currently registered in two of our budget motels and one registrant is on parole from an armed robbery charge where he threatened the lives of employees of a bicycle shop in Howell – will check registers periodically to see if people registered in motels have warrants, to verify information when we receive calls and to gather intelligence – been checking motel registers for years – most of the people here have cooperated with us – ordinance will protect motel owners and their staff as well as town residents.
Attorney Gertner: could include a ‘Safe Haven’ codicil in ordinance to protect those motel owners/managers who are following procedure.
Mayor Vogel: ordinance came about through Lt. Dikun’s attendance at a community oriented policing seminar – suggestion itself came from a Department of Justice publication on motel issues.
John Fernicola, Amethyst Beach Motel: there is a State statute that has allowed you access for sixty-four years – what is it about this ordinance that necessitates its passage – only difference is you want the names of all the occupants of the room – burdensome to mom and pop businesses – were blind-sided by this and had no input (safe haven provision would protect motel owners).
Theresa Perone, Amythest Beach Motel: understand and appreciate what you’re trying to accomplish but you don’t understand our business – should table and get together with motel owners to come up with a plan that will work for everyone (a basic start to the process of protecting our businesses and residents – taken from other ordinances that have been used successfully – relying on top law enforcement professionals, Department of Justice and Rutgers).
Barbara Dervan: live near Broadway hotels – thrilled that Chief brought this up – concerned with intrusion on and safety of myself and my neighbors – would never have purchased my home had I known about the number of transients in the area – was someone peeking in my neighbor’s windows and another in my yard – should be concerned with intrusion to our residents not the motel occupant.
David Cavagnaro, 118 Parkway: understand need for safety – should table for input from business owners and community.
Peter Sandomeno, 304 Broadway: concerned with ‘any peace officer’ wording (mimics State law)
Motion by Councilman Liotta, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2006-45 was approved, with proposed changes, on first reading. The public hearing will be held on December 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco*, Dyer, DiCorcia….YEA
*Councilman DiCicco: one of the most important functions of government is to protect their residents – asked for feedback from the Ocean County Prosecutors office.
Attorney Gertner: second reading is December 19th – due to rewrite with changes and time constraints for publication, ordinance will be published in another newspaper, then for informational purposes in the Ocean Star next week.
Ordinance 2006-47 (Rental Property Registration) was introduced on first reading.
Motion by Councilman Liotta, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2006-47 was approved on first reading. The public hearing will be held on December 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Ordinance 2006-48 (Commercial Parking Pass) was introduced on first reading.
Motion by Councilman Dyer, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-48 was approved on first reading. The public hearing will be held on December 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco*, Dyer, DiCorcia….YEA
Ordinance 2006-49 (Amend Residential Parking Pass Program) was introduced on first reading.
Motion by Councilman Dyer, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-48 was approved on first reading. The public hearing will be held on December 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Clerk Ellsworth added several items to Consent Resolutions; Dave Cavagnaro asked about Sea Coast resolution (applied for funding through State hazardous remediation program and State requires that something be done with the property within three years of clean-up).
Motion by Councilman DiCorcia, seconded by Councilman DiCicco, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Establish 2007 Borough Holiday Schedule
b) Appointment of Class II special officers (21)
c) Raffles License Application for Elks Lodge #1698 during 2007
d) Establish 2006 Bulk Pick-Up Schedule
e) Change Order #1 to Earle Asphalt for Riverside Place CDBG project (-$4986.55)
f) Change Order #1 to Earle Asphalt for Curb/Sidewalk CDBG project ($1678.50)
g) Correction to 10/17/06 minutes to reflect 4th, not 1st, qtr payment to County
h) Correction to 9/19/06 minutes to reflect raffle date of 3/17/07, not 3/17/06
i) Permission for Woman’s Club to solicit merchants for gifts for gift auction
j) Raffles License Application for Garnet Gulls Booster Assoc on 3/21/07
k) Payment to Winner Ford for police cruiser ($20,070.13)
l) Renewal of Amusement Games Licenses for Boardwalk & Central Assoc (3)
m) Renewal of Amusement Games Licenses for Jenkinson’s South (19)
n) Payment to McKeon Electric for electric services ($3484.71)
o) Payment to Horizon BCBS ($127,288.72)
p) Payment to Riggins, Inc for low sulphur diesel fuel ($6148.73)
q) Payment to Industrial Appraisal for appraisal services ($4806)
r) Payment to Pedroni Fuel for gasoline ($15,744)
s) Payment to Mark Woszczak for emergency water main repair ($5929.25)
t) Payment of computer generated vouchers ($220,110.06)
CONSENT RESOLUTION 2:
a) Supporting Redevelopment at Sea Coast Oil Site
b) P O to Munidex for Vital Statistics Software ($2300)
c) Payment to the State of New Jersey for tax collector recertification ($50)
d) Payment to Monogram Center for recreation basketball t-shirts ($1087.75)
e) Authorization to void outstanding checks
f) Payment to Industrial Appraisal for appraisal services ($2644)
g) Approval of October and November hand checks ($1,453,532.32)
h) Performance Bond reduction – Fisherman’s Supply
i) Performance Bond reduction – Crimmins
j) Permission for Chamber of Commerce to use pubic meeting room
k) Approval of ABC Social Affair Permit for Elks Lodge #1698 on 1/5/07
l) Refund of dumpster bond
m) Establish Reorganization meeting for 1/1/07 at 12:00 noon
n) Permission for Joe Leone’s to place storage trailer on property for holiday season
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco*, Dyer, DiCorcia….YEA
Mayor Vogel: asked Administrator Riehl to reach out to those working at bridge – authorized them to do work during evening hours, but did not anticipate noise and work being done in the staging area, which abuts residential property; passed along kudos to Public Works and Police departments from last ‘Meet the Mayor’ session; asked Clerk Ellsworth to add links on town web-site to Ocean County Clerk’s Office and Ocean County tax records; concern from resident with use of Eminent Domain – philosophy of this Government is to use only use as last resort – would like language addressing that concern in the Open Space Plan; complimented Chamber of Commerce on Christmas Tree Lighting.
COMMITTEE REPORTS:
Councilman Liotta: should never give eminent domain option away; thanked Cathy Barcus, Patty O’Connor, Carol Vaccaro, Mary Steiner, Penny Mecca and Dave Cavagnaro for their work on the Inlet Celebration and asked that they be provided with certificates of appreciation; Beautification Committee does an outstanding job for us; there should be some sort of recognition for Governing Body members that have made this town what it is – other towns have plaques naming previous Governing Body members – also have pictures of Governing Body members at their town halls, so residents can recognize Governing Body members.
Councilman Loughran: Public Works has been clearing sand off the Boardwalk again – lot of time and manpower, but something that needs to be done – need to clear sand from under the Boardwalk because it has nowhere to go but over the fence – have permits to move the sand (County lent us a bulldozer and driver to clear the Boardwalk and level the sand); was discussion as to whether permit was needed for construction at foot of Central Avenue – as per Building Department, no permits were required as there are no technical standards adopted under the State Uniform Construction Code and no criteria for the design of these structures under the International Building Code (unacceptable loophole – important to monitor that construction is being done correctly and safely; should authorize engineer to draft design standards; surprised that there are not DEP regulations governing Boardwalk construction).
Motion by Councilman Loughran, to authorize the Borough Engineer to draft design standards for Boardwalk repairs and construction, with requirement of permit process, was seconded by Councilman DiCicco and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Councilman Loughran: would like to include a student representative on Recreation Committee (school administration should provide name of student).
Councilman Corbally: River Avenue meeting will be scheduled in January; spoke with N J Transit about trains going north and was assured that trains would move up far enough to keep from tripping the gates; had wind-up meeting for Farmers Market and are looking for volunteers for next year.
Councilman DiCicco: thanked Public Works for getting leaves off streets in order to accommodate the Cooks’ Tour this past weekend; will hold a lake sub-committee meeting on December 12th, 7:00 p.m., which will be limited to discussion on Lake Louise; grants are currently available, through the Barnegat Bay Estuary program, and Environmental Commission is asking that town apply for grant which champions signage and receptacles with bags at lakes for pet waste (Borough Administrator was authorized to prepare grant application); Jenkinsons is temporarily storing rides at old ‘Surf Chevrolet’ property – will ultimately be stored inside building after remediation process; received notice of settlement from DEP about removal of barrier from west end of jetty – gave Jenkinsons the authority to erect a four foot high fence parallel to the jetty.
Councilman Dyer: asked about cell tower bids (scheduled for opening on December 12th); Building Department is up $17,926 in permits; thanked the 10 homes and library for hosting the Cooks’ Tour.
Councilman DiCorcia: asked that light be fixed in front of Borough Hall to light the American flag; VFW will host Pearl Harbor Day ceremony on December 7th at 1:00 PM.
PUBLIC PARTICIPATION PERIOD OPENED AT 9:10 P.M.
Craig Jones, St. Louis Avenue: ‘Save Lake of the Lillies’ law suit claims that petition has 150 resident signatures, but only 62 residents, including unreadable names and addresses – have a petition to remove the invasive species, signed by over 100 residents – appealed to the group to drop their law suit and use that money to save the lake – donated $1,000.00 to buy appropriate plantings – thanked municipality for listening to all the residents and for the many actions they have taken to save the lake – done more than many other Governing bodies.
Ed Sirchio, 722 McLean Avenue: have been two hearings at DEP on new public access rules – final meeting is in Trenton on January 7th – access rules will apply to ocean, rivers, lakes, bays and possibly Boardwalks; businesses that use Boardwalk should be responsible for sand removal.
Bob Eltringham, 314 Trenton Avenue: Jenkinsons should maintain beach and sand on Boardwalk; asked about how town decides which streets to fix (road survey was prepared by Engineer and are following that survey to fix roads) just want a couple of potholes filled on my street (public works was directed to fill those potholes within a week from Friday); asked that both a male and female student representative be appointed to the Recreation Committee.
Joe Lemma, 203 St. Louis Avenue: asked if state prohibits parking commercial vehicles in municipal lots (no) – ridiculous to charge $250 for 5 vehicles in municipal lot, only 75 cents per day – should charge the same as other lots ($250 per vehicle) – vehicles can be anything, trailers or school buses (has to be related to the business, anticipating commercial delivery vehicles) showed pictures of vehicles parked in lot – ordinance was passed in 1985 and these trucks have been parking there for 20 years.
Dave Cavagnaro, 118 Parkway: walk blocked my way home on Sunday – asked that notification be required, such as race route advertised in local newspaper (ordinance already has notification requirement); most of the contents in new rental registration ordinance are already covered – other changes are increased fines for landlord and request that anyone staying overnight sign in, which is extremely intrusive.
John Szafranski, Yale Avenue: thanked Council for action on Boardwalk construction – this is a structure and all structures require permits and inspections – watched them bring a crane on Boardwalk and watched it collapse; see a lot of boats in front of houses under tarps and code enforcement says there’s no ordinance prohibiting same; asked that logos be put on all town cars.
Max Gagnon, 304 Parkway: asked if town is going to do anything about DEP ruling down at the Inlet – being allowed to build east of Boardwalk, which is against town Ordinance; State Uniform Construction Code 12-1 addresses structures and requires permits and certificates of insurance – Boardwalk is definitely a structure; ordinance says commercial entities only get three barrels picked-up but pick up many containers on the Boardwalk; need to use equipment with rubber tracks to remove sand on Boardwalk – otherwise adversely impacting Boardwalk you just spent money to replace.
Ben Dispoto, 311 Parkway: thanked Council for getting leaves off streets promptly; if we own Boardwalk, how can someone be working on our property? (own 16 foot in middle and plaza section – other properties abut town Boardwalk)
Bill Reilly, 9 Beachcomber Lane: commended Council and Public Works for great job on Boardwalk, but could use a better piece of equipment.
Ed Gaelick, 210 Washington Avenue: Cape May just dredged its lake and West Long Branch will be dredging their lake – Council is ignoring the need to dredge in Point Pleasant Beach – founders of ‘Save Lake of the Lillies’ have put their money where their mouth is – Council should look at what Cape May and West Long Branch did for their lakes and make dredging of Lake of the Lillies a top priority.
Candace Donohue, 1304 Baltimore Avenue: read from prepared statement – Council has violated Open Public Meetings Act – town has continually ignored the legal rights of the co-owners of the lake – only providing lip service – 2001 report called for dredging of lake and was not followed up on – instead of dredging lake, overflow being pumped onto town beach – claimed that eminent domain was going to be used and lake was either going to be used as a parking lot or sold to developer for condominium project – will take case to Supreme Court, if necessary, to force town to dredge lake (Attorney Gertner asked if co-owners of lake had made application to the DEP).
PUBLIC PARTICIPATION PERIOD CLOSED AT 10:01 P.M.
The meeting was adjourned at 10:02 p.m.
Attest: Maryann Ellsworth, Municipal Clerk
