Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35 PM with Mayor Barrella and Councilmen Mercun, Loughran, Tooker, Cervino, 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 items being moved to the agenda for action; Clerk Ellsworth was directed to contact Action Sports about speaking during public participation at March 4th meeting; Councilwoman Tooker presented Recycling Committee request to amend mercantile license application to include recycling collection information and request from High School principal for creation of additional handicap parking space at high school; Councilman DiCorcia suggested that attendees at Council meetings be screened by Police officers, just like court attendees, due to incident in Missouri; Councilman Cervino requested that Budget Committee consider 1% reduction in hotel/motel tax.
Motion by Councilman DiCorcia, to enter closed session to discuss personnel (2) matters, was seconded by Councilman Mercun and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Tooker, Cervino, Dixon, DiCorcia…YEA
Closed session started at 7:04 P.M. and ended at 7:49 P.M.
Mayor Barrella called the regular meeting to order at 7:56 P.M. Present were Council Members Mercun, Loughran, Tooker, Cervino, Dixon and DiCorcia. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Flag Ceremony was executed by Boy Scout Troop #6.
Motion by Councilman DiCorcia, to approve minutes of the January 15, 2008 Council meeting, was seconded by Councilman Mercun and carried by the following roll call vote.
VOTE: Council Members Mercun, Loughran, Tooker, Cervino, Dixon, DiCorcia…YEA
Mayor Barrella presented proclamation to boy scouts from Troop #6, in attendance, establishing February as Boy Scout Anniversary Month; acknowledged Scout Master and Assistant Scout Master of Troop #6, Mr. McGuire and Mr. Demore, Mr. Towner, Mr. Rio, Mr. Wellison and Mrs. Barrella and the members of Troop #6 that were in attendance, Richie Barrella, who led the flag salute, Tommy Demore, Ricky Rio, Brandon Monroe, Josh Mayo, Matt, Todd and Scott Wellison.
Mr. McGuire: thanked Mayor and Council for their support of scouting and presented Eagle Scout certification to Richard Barrella; May 1st is the Jersey Shore Council Golf Outing
Ordinance 2008-01 (Handicap Space by High School) was introduced on first reading.
Motion by Councilman DiCorcia, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2008-01 was approved on first reading. The public hearing will be held on March 4, 2008.
VOTE: Council Members Mercun, Loughran, Tooker, Cervino, Dixon, DiCorcia…YEA
Clerk Ellsworth added items to Resolution 2; Ben Dispoto asked if parking fees were waived; Councilwoman Tooker asked about Manzo/DPW project (start-up is March 1st).
Motion by Councilman Mercun, seconded by Councilman DiCorcia, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Approval of Payroll #4 ($219,738.86)
b) Payments to CME Assoc from developer escrow accounts ($3831.92)
c) Permission for MAC to use Pleasure Park for annual Easter Egg Hunt on 3/15/08
d) Payments to CMX from Planning Board escrow accounts ($1502)
e) Approval of ABC Social Affair Permit application for Elks Lodge #1698 on 7/25/08 and 7/26/08
f) Payments to the Galvin Law Firm from Board of Adjustment escrow accounts ($5611.51)
g) Payment to Schulman, Wiegmann from Board of Adjustment escrow account ($225)
h) Payment to Horizon BCBS for employee health benefits ($132,876.84)
i) Payment to Plainfield Consultation Center for special officer evals ($4425)
j) Approval of computer generated vouchers ($205,735.01)
k) Waiver of municipal raffle license fee for fundraiser
l) Transfer of funds between 2007 Budget accounts
CONSENT RESOLUTION 2:
a) Progress Payment #1 to Manzo Maroba for improvements at DPW site ($112,223.23)
b) Payment to NJ DOT for Highway Occupancy App fee for lane/shoulder closing ($175)
c) Adjustments to water/sewer billing (21 accts)
d) Establish fee of $2.50 for notary services
e) Approval of St Peter PTA S/E App for Car Display/Car Raffle Sales on Boardwalk
f) Approval of Autism Speaks S/E App for “Walk for Autism” on 9/28/08 and denial of parking fee waiver request
g) Approval of Memorial Day “Bike Parade” Committee S/E App for parade on 5/24/08 with waiver of S/E App fee
h) Approval of PPB Little League S/E App for “Opening Day” parade on 4/0508 with waiver of S/E App fee
i) Approval of St Peter PTA S/E App for “Fisherman’s 5K” run on 10/25/08
j) Authorization to draft ordinance establishing additional handicapped parking space by the High School
VOTE: Council Members Mercun, Loughran, Tooker, Cervino, Dixon, DiCorcia.…YEA
Mayor Barrella: met, along with Councilman Mercun and former Mayor Hennessy, with the County Road and Engineering departments to go over items for this year; met, along with Council Members Mercun and Tooker and former Mayor Hennessy, with the Ocean County Planning Director regarding Lake of the Lillies with hopes of getting them involved; have had three meetings regarding parking with Borough employees and Councilmen Loughran and Dixon – would like to start getting public input so, at the budget workshop meeting of this Council, at 6:30 pm on February 26th, would like to go over both the budget and parking as the two are somewhat related; appointed Frank Costa to the Recycling Committee.
COMMITTEE REPORTS:
Councilman Mercun: along with Councilwoman Tooker, met with County Engineer and solid waste management person to get input and discuss financing on Lake of the Lillies – on February 26th, along with Mayor Barrella and Councilwoman Tooker, will meet with a representative of State Department of Transportation, specifically with the individual that is responsible for dredge material disposal, the County Solid Waste Program individual, representative from Princeton Hydro and Attorney Gertner to address issues required of us by the court and about Council’s commitment to develop a comprehensive plan on dealing with Lake of the Lillies – goal is to get everyone’s input, including the experts – I have not made any judgements and am going to listen – the Princeton Hydro Report seemed logical in its approach but it is necessary, as a public official, to take everyone’s input along with the experts and develop a plan – plan will be reviewed by a superior court judge due to the issues raised by the parties to the litigation – notwithstanding the litigation, and most important, is the fact that this lake is part of our storm water system – deed states that it is the obligation of this town to maintain the lake in such a fashion as to be enjoyed by the residents but also by wildlife – need to address this and come up with an environmentally sound approach that addresses everyone’s needs – there are going to have to be compromises – I just received a report from the Environmental Commission on the Lake of the Lillies Lake Management Action Plan, which I will be sending out to all coming to this meeting so they are aware of all that is being requested – we are moving forward in a manner that will address what has been mandated by the courts (Attorney Gertner: court mandated this sort of review by Council – the Council needs to understand what is possible, what is probable and what is realistic – this Council is dedicated to putting the experts together to get a plan to the court as quickly as possible).
Councilman Loughran: along with Chief DePolo, Lieutenant Dikun and Detective Petruzziello, met with a number of the motel owners, including most of the Broadway motel owners – an open discussion concerning some of the issues talked and read about over the past couple of weeks – very open dialogue, at times a bit contentious, honest and constructive – owners, that are doing the right things, let the other owners know that they are doing the wrong things and what they need to do – they all have a lot at stake here – whether a good motel or a bad motel, they all need to survive, thrive and support each other – suggestions made to control the unwanted guest: raise rates as some of the rates are way too affordable to the unemployed, who can tend to do desperate things; some owners need to be on site more; utilize surveillance; require security deposits – the more problematic motels haven’t been doing this; better screening of guests; better communications between the owners of hotels – notify the other hotels when someone has been kicked out; and a zero tolerance policy of guests who disregard rules and motel etiquette. The owners of the motels, under discussion at the last meeting, are on a short lease and have said they will comply – will be monitoring the situation and looking for improvement, between now and this summer; commended Sergeant Ippolito and Officer Gunning for police work leading to arrest of individual who broke into Tardi’s Restaurant and various cars along Broadway; received a letter from Dave Cavagnaro commending Officer Mosca, who made the initial observation of his front door being opened at 4:30 am.
Councilwoman Tooker: first meeting of the Animal Welfare Committee will be February 29th at 2:45pm; was asked about recycling numbers – receive $17 per ton for recyclables and pay $70 per ton to dump garbage – dumping charge will increase to approximately $73 per ton in July, due to imposition of new State tax; thanked Administrator Riehl and NPP Coordinator Cadalzo for immediately sending letter to NJ Transit in response to citizen complaint about NJ Transit property maintenance and lack of bike racks; some residents, mostly seniors, living in the bungalow areas near the Boardwalk, asked if their garbage could be picked up the same way during the winter months as it is during the summer, expressing difficulty with having to walk to Ocean Avenue to retrieve their garbage cans – Public Works will accommodate them by picking-up their garbage in front of their houses.
Councilman Cervino: February is Scout and Heart Health Month; Point Pleasant Beach may soon be approved by FEMA – suggested that Council appoint a FEMA Coordinator; soil erosion fence at the corner of Arnold and Baltimore Avenues seems to have wandered off; trying to determine what, if any, the savings has been since the solid waste service tax was repealed as of February 1st; received a railroad lot parking machine complaint – lady was trying to use the machine in the rain – her bills became soggy and her money wasn’t accepted – asked to investigate placing a parking machine under the cover of NJ Transit building.
Councilman Dixon: received a few complaints recently – large pine tree, behind CVS, hangs over the driveway, decreasing visibility upon entering and exiting the premises – there are four to six tow trucks parked on the street at the intersection of Chicago Avenue and Broadway – asked if town has an ordinance about commercial trucks being parked on the streets, all day and night – these trucks are affecting the visibility of motorists (recently addressed an issue with some of the towed vehicles being placed on the street and will contact them again) if we don’t have an ordinance, we need one as these vehicles need to be removed; announced that the MAC will hold its annual Easter Egg Hunt on March 15th.
Councilman DiCorcia: will speak with Dr. Ravally to set a definite date to meet with liaison from Council – invited Ben Dispoto to attend as recycling will be a hot topic; suggested that Council members subscribe to the League of Municipalities magazine; asked Fire Chief to attend first Council meeting in March to present comprehensive report and present any needs for the budget process.
Administrator Riehl: scheduled bid opening for River Avenue parking lot improvements for February 27th and expect to make an award at the March meeting; pre-construction meeting is set for tomorrow for the I&I improvement project – they hope to start in a week or two and be finished within two to three months; contacted Birdsall Engineering about damage to the well property on the school field – they sent the contractor a letter that the repairs need to be made before final payment can be secured; Green Acres has confirmed that town will receive $300,000 toward Open Space acquisition of 29 Inlet Drive; thanked Sabrina and Michael Fioretti for running CPR re-certification classes for Borough employees, which they did on their own time.
PUBLIC PARTICIPATION PERIOD OPENED AT 8:28 PM
Dave Cavagnaro, 118 Parkway: asked if Animal Welfare Committee will discuss geese problem and if committee and Council would act separately (will make recommendations to Council); asked for feedback on re-zoning ordinance (there is a mechanism, created by Statute, to take someone’s property – re-zoning is not the way to go; unfortunately it’s a balancing act because the particular property is currently the subject of a matter before the Zoning Board – there is the question of whether or not it is spot zoning – Council needs to digest the totality of the circumstances before commenting on it – could subject the Council, quite possibly, to litigation) asked if there is a time frame that he can have answers (respectfully, Council doesn’t have an obligation to ever comment on it or take action; doesn’t believe anyone on this Council was aware of this re-zoning change) Ordinance was out there as a possibility, during the negotiation process with Risden’s – some people might not have been aware because I think there was some confidentiality about who was doing the negotiating, but once the information is out there then I would think that the Council could make a comment – this was something that came from a planner, a professional who does business statewide (can say with certainty that I don’t think anybody on this Governing Body knew anything about that ordinance before you presented it to us) not asking why you didn’t, nor suggesting that you should have – simply saying that, having given it to you last time, I was wondering if you had time to give me your opinions now (Councilwoman Tooker: as a sitting member of the Planning Board, I can’t comment) questioned general council protocols – since beginning of year, every council meeting has started late – if the residents are going to make the effort to get here at 7:30, think Council has an obligation to be out here at 7:30 – appreciate serious issues discussed in closed session, but there is the option of breaking and reconvening or holding issue for another night, so Council is back in public session at 7:30 – there are people in the audience who have left and it is becoming a sensitive issue – requested that people are told to stand for a flag salute and to remain standing for a prayer, then everybody knows to remain standing – there was a motion made at the last meeting for a potential ordinance – my understanding is, from Roberts rules, that if a motion is made, there should be a second before discussion is allowed – if there is no second, then there is no discussion and the issue dies – whether or not one is in agreement with the 5 minute rule, there should be a timer, otherwise leaves one open to discrimination (comment about closed session, about coming out and going back in is a good one).
Joe Lemma, 203 St. Louis Avenue: questioned how a uninsured boat went out on the water and the captain walks – has notified the Coast Guard and is sending a letter to Pennsylvania; in reference to 19:11 regarding parking spaces, was at Planning Board meeting – we have a beach business removing 50 parking spots – their lawyer says to put them in the street – thought we had a parking problem in this town – doesn’t understand how the Planning Board approved this (Attorney Gertner: Planning Board has to open the matter to the public – that is a very pertinent point, but one probably better focused at that Board meeting; no decision was made at the Planning Board as application was carried to March).
Anne Lightburn, Environmental Commission Chair: spoke regarding Risden’s property – asked Council to deliberate on request and take whatever steps it deemed appropriate – question for Council is whether there should be any homes on this lot – historically, Risden’s has operated the beach and the parking lot as a commercial enterprise – believes it is absolutely necessary for the parking lot to support this beach business going forward, regardless of who owns the property – Council is faced with a pivotal decision because it has significant long term and irreversible impact if this parking lot becomes a residential lot – Council needs to make a conscious decision whether it wants to see this property remain commercial as a parking lot or make a pass on it – suggested a couple of actions that Council could take – first, the property can be re-zoned, which would be a realignment of the zoning to reflect the historical use it has always had with no expense, except possible litigation – secondly, the property can be purchased, requiring a simple phone call – there would be funding available through the Open Space Trust Fund, parking revenues and eligibility for Green Acres funds – lastly, Council can do nothing and take a pass – community is in the end game of open space, there’s hardly anything left – Council has an opportunity card right now and ask that you play that card right now because you don’t have that many cards left – time for action is now (Mayor asked if, as a member of the Open Space Committee, she would consider the possibility of disposing of the property at the inlet in order to fund the acquisition of beach property) personal opinion, based on the question if we could only buy one thing, is that beach is the most important thing in this town, bar none – can’t speak for the rest of the Committee, though – without the parking lot, it’s not going to be a viable business (Councilman Loughran: over the last four to five years, there have been informal and formal discussions with the Risden family – early on, it was the desire of the Risden family to see the town take over the property, but they weren’t ready to sell – during the past year there were talks, in which none of us were involved, and things didn’t go as planned – my feelings have been documented – talking about the character of the town and you can’t put a price on that – must look out for those who follow us) – the beach is important and this parking lot is part and parcel – can’t see it as a separate issue.
John Szafaranski, 319 Yale Avenue: this town has been looking for additional parking for years – need to keep what we have – don’t need to close off Boardwalk and Ocean views – need to take a stand at the next Planning Board meeting – if Risden’s goes up for sale, it’s no good without that parking; Boardwalk, from Aquarium south, is sagging – have questions about cost and who’s responsible – Boardwalk businesses should contribute (Mayor: some short term repairs being done with some of the more dangerous sections being addressed by Public Works – overall condition of the Boardwalk needs to be addressed – share your views concerning legal and ethical responsibility); asked Mayor about revenues generated from parking and tickets as granted to Newark for Prudential Center (still working on it); asked if we can get information from the State Legislature about municipal beach fees, which the State controls, with the revenue used for beach maintenance – can’t we use this somehow for the municipal Boardwalk, since we don’t have a municipal beach? (need legislation to do this) would be opposed to paying another million dollar bond to support that Boardwalk.
Max Gagnon, 304 Parkway: Open Space Committee worked long and hard to get open space approved by the State – contacted owner of property that was for sale, had open public meetings, made a decision, which public seemed to support, and purchased that piece of property – asked why we continue to hear you talk about swapping out the Inlet property (Mayor: need to evaluate whether we can afford to buy Risden’s beach – looking at approximately $1,000,000 less flexibility because of this purchase – I pointed this out at an Open Space Meeting and to Council before they made a decision last year – had we not purchased that property and not bonded that million dollars we’d have a million dollars more flexibility to buy Risden’s beach; Councilman Dixon: bonded on the money from the Open Space tax – received $300,000 towards this purchase from the State – that building needs to come down – that was what was voted on and that’s what needs to be done) if you take what Open Space has and the $300,000 that you just received, we’re only half a million dollars out and a half million is not going to stop us from buying Risden’s – bonding capacity for Risden’s would be adequate along with the money that we could get from the State and other sources (Mayor: we can bond, but somebody has to pay for those bonds and that is going to be the taxpayers of Point Pleasant Beach – need to evaluate how big of a check should be written for any piece of property – just pointing out the simple economic realities – you have to be able to pay for what you want, it has to make financial sense) read that other municipalities get money from running their beaches – if they can do it so can we. (Councilman Mercun: agree with Councilman Dixon – we bought it, tear it down – it’s over, move on – as a member of the Budget Committee, expressed concerns about how we are going to pay for the electricity in the Borough Hall building – there are so many pressing issues facing this town – how are we going to pay for those things without burdening the taxpayer – have to face some hard realities – need to look at the difference between the necessaries and necessities; Councilman Loughran: in reference to Risden’s, a year from now this town will still be standing and there will be a Governing Body making decisions, but there will or will not be homes in that parking lot and its our responsibility to pursue every single option to prevent those homes from being built.)
Ben Dispoto, 311 Parkway: thanked Councilman Mercun for his response concerning the drainage and icing issue on Parkway (Councilman Mercun asked if Engineer investigated; yes, caused by sump pumps; Councilman Mercun: asked for recommendations from Engineer Savacool on what needs to be done – hazardous condition); previously asked about posting a reward for Parkway incident, through the town or Chamber of Commerce – asked if anything had been done (Administrator Riehl: will have conversation with Chamber) – informed Council that he knows some members of the community that would donate personally, if it would help to put it in motion – this event demands public action and a contingency plan (Mayor: Council and town cannot do that, but perhaps Council can consider some mechanism for the future); regarding Risden’s Beach area, Council needs to keep that area open to the public – don’t need more homes there – Planning Board needs to heed elected officials, needs direction and guidance from Council – believes that Planning Board is dismissive to public comment; asked if Open Space taxes are held in a separate account (yes) – tax amount collected since 2006 is $840,000, to use for a million dollar piece of property – turn the page and lets move on – it’s almost paid for – wishes we would have done that with I&I.
Dale and Jim McMullin, 6 Harborhead Drive: wants Council to be aware of what’s going on at Jenkinson’s North – dramatic change in the business from a hot dog/concession stand business to a banquet facility – physically expanding with decks on the beach – noise levels increasing – cannot sit on own deck, in the evening, due to noise – don’t want to bother the police by complaining every night – questioned legality of expansion and whether they needed approval or should have gotten permits – asked if Council was aware of the situation (Mayor asked Administrator Riehl to apprise proper officials; Councilman Dixon: they are already aware and have been issued a warning and directed to the Board of Adjustment for expansion of their business) there is an ordinance on the books about decibel level, but town does not have a decibel meter to determine the decibel level, so do not know if they are above the decibel level (DEP has decibel meter; Chief DePolo: had training in the past, but hard to litigate: Councilman Loughran: used meter at Ralwiggies); expressed concerns that footprint is expanding and business is getting louder each year (Administrator Riehl: should contact Board of Adjustment Clerk Mills); put complaint in writing and Clerk Ellsworth received it – want to be notified when their liquor license is up for renewal.
John Szafranski, 319 Yale Avenue: asked if the budget workshop was open to the public and what date it was (February 26th at 6:30 pm); asked about procurement of general public to use for tourism – Neptune bought a marina that is working profitably.
Dave Cavagnaro, 118 Parkway: normally when you have resolutions, you invite public comment and I believe it’s because money is being spent – at the reorganization meeting, there seems to be more monetary issues being listed – if there is money being spent, either the public should be invited to make a comment or the money issues should be held for the next meeting.
Joe Lemma, 203 St. Louis Avenue: to make money, put parking boxes in two lots and ATM machines – have been saying this for years.
PUBLIC PARTICIPATION PERIOD ENDED AT 9:22 P.M.
The meeting was adjourned at 9:23 p.m.
Transcribed By:
Scarlett Johnson
Attest: Maryann Ellsworth, Municipal Clerk
