Borough of Point Pleasant Beach COUNCIL MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:40PM with Mayor Vogel, 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. Special Event applications for Chamber of Commerce events were moved to agenda for action. Councilman Corbally recommended waiving police fees for Car Cruise and Christmas Tree Lighting after discussing same with Chief DePolo. Also moved to agenda for action were: contract for Municipal Prosecutor; reimbursement to employee for damages caused by municipal vehicle; support for legislation exempting Municipal Clerks from OPRA violation penalties in cases where the record is not in the Clerk’s possession; Chamber of Commerce request to utilize hot dog cart and Italian ice cart during Car Cruises without need for vendor permits (subject to applicable health inspections) and permission to place tables on the sidewalks (subject to the normal permit process).
Mayor Vogel asked if Council has any projects to add to those covered in February 6th letter to County Engineer Lotrecchio regarding County projects – Mayor, Council Members, Administrator and Engineer will meet on Thursday – discussion will include traffic calming on River Avenue and the corner of Washington and St Louis Avenues, bollards, which were supposed to be installed on Baltimore and Harvard last year, the western corridor, drainage on the corner of St. Louis and Washington Avenues, as flooding is occurring since recent repaving and milling, and shared heavy equipment services for sand replenishment along the sea wall.
Mayor Vogel asked for Council recommendation on the lake study RFQ and related resident correspondence (Councilman DiCicco: contractual matter – all agreed it should be discussed in closed session).
Motion by Councilman Corbally, to enter closed session to discuss pending litigation (1) and contractual (1) matters, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia…YEA
Closed session started at 6:51 P.M. and ended at 7:35 P.M.
Mayor Vogel called the regular meeting to order at 7:35 P.M. Present were Councilmen Liotta, Loughran, Corbally, DiCicco, Dyer, and DiCorcia. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Mayor Vogel gave background on the two land use ordinances that were scheduled for public hearing – re-evaluating Borough’s Master Plan – looking to regulate growth – zoning changes on tonight’s agenda were first recommended in 1992 – Governing Body and Master Plan Review Committee has been working on this for two years – Council is not looking to take anyone’s property, through eminent domain, but, rather, to provide a framework for healthy economic growth and to ensure and preserve the value, quality and integrity of the community.
Attorney Gertner: many of the properties affected are pre-existing, non-conforming uses – in order to expand a non-conforming use, one would have to go before the Board of Adjustment – Council recognizes public concerns and wants to hear them – Council spent a lot of time interviewing planners to get a handle on this planning process.
Ordinance 2006-01 (Building Restrictions in the Highway Commercial Zone) was introduced on first reading.
Ron Doran, 229 Hawthorne Avenue: own 6 properties in Point Pleasant Beach – questioned the purpose/goal, what usages will be in the zone and why shifting – asked if there is something pending or detrimental (Mayor Vogel: here and in other communities, where there has been a transition from residential to commercial, there is a problem where the two zones meet – looking at that and how the gateway to the community should be, with proper growth and economic impact of tax ratables from commercial – looking to create a clear framework for the future – not looking to get rid of existing residential properties) has had 3 vacant lots for 37 years – a unique piece of property that faces both sides of the highway (Mayor Vogel: there are areas within the zones that are going to change – when all is done, maybe one zone will become two or an existing residential zone will get merged within another – will be a 9 to12 month process, through the Governing Body, with a planning professional – have screened six firms and will make a decision at the next Council meeting) particularly interested in the prohibiting of single-family residences (have gone with previous planners’ recommendation) – request for a retail operation on one of these properties was denied because a judge determined it was in a residential zone (Mayor Vogel: that’s why we’re addressing this, because there is ambiguity and the Boards need guidance – concerned with seeing economic growth in certain areas; Councilman DiCicco: served on Master Plan Review Committee, which conducted exhaustive analysis of every zone in town – report will be submitted to Governing Body later tonight, then to the Planning Board and Board of Adjustment, and will be available to the public – recommendations address potential development changes – it’s the forerunner of a Master Plan document that will be prepared with the aid of a planner – this is the first step in the process – putting a zoning ordinance in place, that is consistent with the old Master Plan – new Master Plan might have some changes and tweak these areas, thereby inviting changes to the zoning ordinance) prohibiting singly family homes on vacant lots is a major change – asked if one would have to go through a process to rebuild (Mayor Vogel: the Board of Adjustment would look favorably upon an existing non-conforming use – while not a guarantee, the direction from the Governing Body would be that current single family homes remain that way – have a current inventory of all those homes – zoning changes will involve public notification) asked if this has anything to do with the Skokos or Jack Ford property (Mayor Vogel: up and down the Jersey Shore, and in other areas, commercial properties are going residential – it’s a concern and that’s what the Governing Body is looking to control)
Glenn Titian, Brick (speaking for David Frazee, a Point Pleasant Beach resident): asked if town is trying to limit residential growth (in the commercial zones) – commercial zones, as they currently exist allow both – by removing residential construction, you are probably taking value away from people’s land/investments (Attorney Gertner: 1997 case law addresses that issue – court found that, because of statutory protection, a valid non-conforming use is a valuable property) if someone owns a piece of property in the highway commercial, the highest and best use is going to get the best return on their investment – by limiting residential, if that has been the hot investment in these areas, you’re devaluing that person’s property – doesn’t understand why town is trying to limit residential growth – asked if schools are overburdened (Mayor Vogel: it goes to the planning of the community – purpose of zoning is to regulate certain uses – Governing Body is trying to take a proactive step – there are provisions under the Land Use law to allow for that non-conforming use – permitted use goes with the land, not the owner) – when you have property suitable for development and cannot sell it to a residential developer, you lose money (Mayor Vogel: there are opportunities for other types of development and mixed use development) for most people, property is their biggest investment and they want to get the most money for it –no developer is going to purchase property to build residential homes when they know it’s prohibited in that zone – that’s an expensive proposition (Councilman DiCicco: sometimes maximizing value is inconsistent with the proper planning of a community – Governing Body’s charge is to ensure the community develops in a sound way from a planning perspective – although mindful of the economics of the situation, their decisions can’t be dictated by economics – an elected official has to ensure that the community develops from a Land Use perspective in a way that it appropriate, in a way that the people have expressed is what they want, and in a way that the planner ultimately says is the proper Land Use pattern for the community – Council must ensure a plan that is consistent with what they envision as the future of Point Pleasant Beach – there may be economic fallout, but proper planning of the community trumps that) –asked if Point Pleasant Beach isn’t fairly developed – asked if Governing Body knows how many non-conforming uses there are in these zones (yes) – asked if residential properties are really putting such a big draw on the town that residential development has to be limited (Mayor Vogel: goes to the character and flavor of the community – charge of elected officials is to manage the growth of the community and ensure Land Use laws are proper, promoting growth and development in the proper places – Governing Body feels that further residential growth in the highway corridor is not the right mix for the community) asked how much potential growth there actually is in the commercial zone (Councilman DiCicco; 95% of complaints he receives about noise, etc. are from areas where residential adjoins commercial; Mayor Vogel: having clearly defined lines makes it better than having an interspersed mix) residential properties look better than strip malls with garbage blowing around – concerned that his friend is losing a right that could affect his land’s value.
Vincent Barrella, 116 Niblick St.: served on Master Plan Review Committee – plan is geared toward improving the community and trying to put into place restrictions and plans that will work in the future – existence in the Land Use law, of pre-existing, non-conforming use establishes that this is not the first time, nor will it be the last time, that zoning has been changed to make something that did conform, no longer conform – two-family homes and parking lots used to be permitted in the SF5 zone and no longer are – resident of Point Pleasant Beach and feel these are good changes that will be beneficial.
Dave Cavagnaro, 118 Parkway: realizes this is difficult on a lot of property owners, but agrees that the overall look of the town is a serious issue – thanked Mayor and Council for being proactive and taking a difficult stand.
Miss Jones 325 and 327 Hawthorne: asked how it would affect her family-owned and occupied residence with apartments (Mayor Vogel: it’s a non-conforming use – change would be negligible; Attorney Gertner: as a pre-existing non-conforming use, would still have to go before the Board of Adjustment to do anything; Mayor Vogel: would not affect ability to rent, Board of Adjustment approval would be required for additions or major renovations, whether or not this ordinance was passed – would have to work with Building Department; Councilman Liotta: doesn’t affect you – you’d need a variance for major changes anyway – Elaine Petrillo, Mayor and Council or Attorney Gertner could answer further questions in a more private setting).
Motion by Councilman Dyer, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2006-01 was adopted on second reading.
VOTE: Councilmen Liotta, Loughran, Corbally, DiCicco*, Dyer, DiCorcia…YEA
*Councilman DiCicco: Governing Body is called on to review the Master Plan every ten years – in that process now – according to the previous Master Plan, single family residences and highway commercial uses are incompatible in the same zoning district – believes this is true, that it is a commercial corridor – residential development there probably pre-existed Borough’s zoning ordinances – just catching up with what was provided by the 1992 Master Plan and subsequent re-examination reports, as recent as 1998 – wholeheartedly supports the ordinance.
2006-02 (Building Restrictions in the Marine Commercial Zone) was considered on second reading.
Anne Marie Rossi, 12B Inlet Drive: asked Council to vote against this ordinance because of a perceived threat to her future and security – knows it’s already non-conforming in many ways, but the word ‘prohibit’ seems much stronger language than ‘setbacks’ and ‘fence heights’ – it’s a small jump from ‘prohibit’ to ‘eminent domain’ – would have been more fair to be notified of first reading instead of second (Mayor Vogel: Governing Body followed all procedures and went over and above – this started in January – meeting agendas and minutes are posted to the Borough’s web site, public meetings were held this past week, staff and Governing Body have been responsive to questions – is strongly opposed to eminent domain – directed potential planners that the Governing Body is looking for tools that do not involve re-development, but rehabilitation, where eminent domain is taken off the table – that’s the consensus of the Governing Body – her property is a non-conforming use – Governing Body is cognizant of that – existing residential use is something that the Governing Body feels should remain) the web-site is great – suggested advertising the URL in the newspapers with meeting dates (Administrator Riehl: it’s will be on the town calendar; Mayor Vogel: instructed Administrator Riehl that it should be sent in the tax and water bills).
Dean Johnson, 77-79 Channel drive: echoed others’ comments – doesn’t feel he got adequate notice – first letter was received within 5 days of meeting – received registered letter the next day – concluded that the non-registered letter was sent in error (Mayor Vogel: as part of the process, correspondence must be sent regular and certified mail) created anxiety – a professional planner is necessary – asked if recommendations will be made public (Mayor Vogel: yes – Master Plan creation will be an open, public process – candidates were directed that citizen involvement is wanted – that’s why a citizens group was created – want stakeholders to continue to have a say in the process) suggested the ordinance state it is subject to professional planners’ recommendation, then a Master Plan, and that it be passed with the stipulation that it becomes final after a certain period of time – would give the public the opportunity to feel comfortable– his property belonged to his grandfather since 1925 and he was born there – not trying to make money on it – concerned about possible uses along the water (Mayor Vogel: 1992 Master Plan states that residential uses were discouraged or prohibited in this district, but going forward, Governing Body embraces waterfront industry and would like it to flourish – residential uses in that area have changed over the years) commercial fishing may not, in the long run, be economically viable – could inadvertently incur the taking of a property to be sold for another highest and best use – thinks time and professional planners’ opinion could take away people’s reservations (Attorney Gertner: problem with creating an ordinance subject to something is that the exceptions overwhelm the rule – the ordinance becomes null and unenforceable – Governing Body’s concern is that it’s better to put the ordinance in place, go through the open process, and fine tune it – doesn’t believe a municipality has the right, through statute, to create grandfathering or sun setting in ordinances) there’s a sense that this is being rushed – his planner and attorney couldn’t come due to time constraints – it was done legally, but not practically.
Owen Henry, 52 Channel Drive: submitted a letter to Mayor and Council – concerned that he’s in the wrong place at wrong time – bought a single family property about 3.5 years ago – is in the middle of improving it for his future use – thinks ordinance makes this more difficult because he now needs to go before the Zoning Board (Mayor Vogel: it is a non-conforming use because of some setbacks on the property) thinks ordinance should state that it can’t be held against him when he comes before the Zoning Board (Mayor Vogel: Zoning Board looks at all issues, the benefit to the overall community and to the property, in making decision – while there is a distinct separation between the Governing Body and the Board, the Governing Body will convey its sentiment – a gross expansion would probably be looked at differently – Board would probably look more favorably on him staying within existing framework; Attorney Gertner: agreed – existing case law that creates a lesser burden on folks that have pre-existing non-conforming use and are looking to expand – will have to go before the Board and, should this ordinance pass, will have to address another issue – his professionals can guide him) makes his process more complex, costing him more money – not fair (Mayor Vogel: no matter what, had to go before the Board – that fact is not changing – scope of what will be asked for has) adding the exemption makes it a better ordinance by promoting area improvements – ordinance seems to hinder someone who wants to improve their property (Councilman DiCicco: this is the beginning of the process, not the end – there are designs for Marine Commercial – Master Plan Review report will be available to the public after tonight’s meeting – would be incumbent upon him to allow the process to continue and see what happens as the plan develops – are going to take a hard look at every zone and create a Zoning Ordinance that is appropriate for Point Pleasant Beach, taking into account existing residential structures that are in the commercial zone and in the highway commercial zone – commends him on his letter, in which he states that “improvements made to the existing houses in this district will contribute to the well-being of persons and neighborhoods and enhance the quality of life for residents of the Borough” – if he establishes that in front of the Board, should have no difficulty getting approval) asked what would be the downfall of exempting existing homeowners from having to get a variance (Attorney Gertner: exception has the potential to overwhelm rule – invites litigation – beginning of process, has to start somewhere – if not done right, its a waste of everyone’s time – unfair to residents and Governing Body who are working hard with Master Plan and hiring a planner to do right by residents – tonight’s comments will be taken to heart – professional will guide him) asked Mayor and Council to vote against the ordinance – a month away from getting building permits – plans have been submitted (Mayor Vogel: no matter what, permit process requires Board approval).
John Christoudias, 304 Channel Drive (also owns adjacent hotel): concerned that removing residential use from Marine Commercial will attract bars and strip joints – permitting residential properties is the best defense (Mayor Vogel: appreciates comments and concerns – there are restrictions on businesses types in that zone – agree on what is best for the community).
Bob Solt, 1 Ocean Avenue: lives on plot surrounded by Broadway, Ocean Avenue and Inlet Drive – asked if any thought has been given to zoning this specific area as residential (Mayor Vogel: Master Plan Review Committee recommends splitting the zones and allowing different uses east and west of the bridge – it’s open for discussion) asked if this will be in the written report (Mayor Vogel: yes) asked if there are areas in Marine Commercial designated for certain types of businesses (Councilman DiCicco: nothing specific – just a list of permitted uses in the zone – only change is elimination of single-family residential) assumes all will be interested in parking situation (Mayor Vogel: it’s part of the Master Plan review process – looks at land use rules/regulations, traffic, parking, infrastructure – a more global, holistic approach to zoning).
Mr. Doran: asked if Master Plan would be available after tonight’s meeting (Councilman DiCicco: Master Plan Review Committee has been meeting for 2 years – have completed report –will be submitted to Mayor and Council, Planning and Zoning Boards and will be available to the public on the Borough’s web-site – the first step in the creation of a Master Plan; Mayor Vogel: process has been community-centric, with feedback throughout – a culmination of 2 years of promises made by elected officials to involve the community, looking back and forward; Clerk Ellsworth: report will be on the web site in about 2 days).
Paul Losowski, Point Pleasant: considering buying a single-family house adjacent to Marine Commercial – asked why Borough doesn’t live with old Master Plan until the new one comes out (Mayor Vogel: concern is what will happen in the interim with development – will preserve the opportunity to help guide and sculpt the community’s future – if residential use is allowed and the planner says the best use for area is commercial, those properties become incompatible, adversely impacting people who bought them) asked if it wouldn’t be more pragmatic to split zone now, before putting undue burden on people east of the bridge (Mayor Vogel: there is some logic to that but almost all properties within the eastern side are existing, non-conforming uses, so impact is minimal – another issue is flood plain management – a better structure will be put in place for people to grow and develop properties and maximize the benefit) asked how long the rezoning the Highway Commercial and Marine Commercial zones has been considered (Mayor Vogel: about 2 years) asked, in the interim, how they could approve condos on the Skokos and Stretches properties (Mayor Vogel: ambiguity is the issue on some properties – don’t want to have to react every time one of these applications comes up – Governing Body was proactive on the Stretches property; Councilman Dyer: was on the Board of Adjustment when the Skokos issue was brought before it – 3 single family homes could have been allowed on that lot – Board felt that was not the proper usage – request went to 6 townhouses – Board cut down lot coverage and made some changes and they were approved for 5 units, which the Board felt was a better use) agrees with that decision.
Marie Lopresti, 62 Inlet Drive: asked for clarification on Section 3 – accessory use (Councilman Liotta: residential swimming pools were stricken) and on Section 4 – a building may contain more that one permitted use (Mayor Vogel: a residential apartment above an establishment would be permitted, because it’s not solely residential) and to what SF5 refers (Mayor Vogel: Single Family 5 – there are about 10 or 11 zones throughout the community).
John Petrocelli, 3 Ocean Avenue: asked the difference between renovation process before and after the ordinance goes into effect (Mayor Vogel: would require a different variance/ arguments as to why relief should be granted) asked if Board would frown on altering existing property (Mayor Vogel: Governing Body will convey to Board of Adjustment that they’d like continued use and rehabilitation of existing residential properties – Governing Body does not have ultimate say – it’s up to the Board of Adjustment) asked what would happen if something is not an existing use (Mayor Vogel: existing use stays with the property, not with the owner – issue is with expansion) heard a story where a house burned down and the owners were not allowed to rebuild because of an ordinance change (Mayor Vogel: would depend on what they wanted – generally, the Board would look at prior use and Governing Body’s direction – would be reasonable parameters placed; Attorney Gertner: assumes Governing Body will incorporate all general comments in support of the previous ordinance into comments here, if vote is to support; Mayor Vogel: certainly).
Motion by Councilman Liotta, seconded by Councilman DiCicco and carried by the following roll call vote, Ordinance 2006-02 was adopted on second reading.
VOTE: Councilmen Liotta*, Loughran**, Corbally, DiCicco***, Dyer****, DiCorcia*****…YEA
*Councilman Liotta: have worked hard with the Master Plan Review Committee – have put a lot of effort into this – intention is to do the best for Point Pleasant Beach – at the crossroads – there’s a lot of pressure on Point Pleasant Beach for property – just trying to have the opportunity to have it reviewed by a planner, with input from the Governing Body and the public, and to have Point Pleasant Beach go in a direction they’re comfortable with.
**Councilman Loughran: no question Marine Commercial and Highway Commercial zones are unique and important parts of town, historically and from a development perspective – topic on everyone’s mind is development and where Point Pleasant Beach will be in 10 to 20 years, as opposed to where it came from – people love this town – it’s got everything – Marine Commercial is a microcosm– need to be careful in that zone – don’t want to wake up and say “what happened?” – need to slow down, make careful decisions that are in everyone’s best interest and hopefully, it won’t have too much of a negative impact and years from now people will be thanking the Governing Body and the Master Plan Review Committee, on a fantastic job.
***Councilman DiCicco: according to the current 1992 Master Plan, the basic purpose of the Marine Commercial District should be to provide an area where marine commercial activities can be carried out while permitting a reasonable transition to a new range of commercial activities – residential uses should be discouraged or prohibited – ordinance is consistent with that Master Plan – Master Plan Review Committee appreciates residential component of that zone – are mindful of the history – zone is a microcosm of Point Pleasant Beach – has a little bit of everything – want to ensure it doesn’t get too much of anything that is inappropriate.
****Councilman Dyer: was on Master Plan Review Committee – was a pleasure to work with many people in town – input from all different walks – residents and businesses – in 95% of situations, there was a consensus of Committee on direction for each zone – at a crossroads – property values are driving different things that may not be in the Borough’s best interest
*****Councilman DiCorcia: thanked the Committee, Governing Body and public – has seen zones change over the years – this is a positive change because land use is our responsibility for current and future generations – Point Pleasant Beach has more liquor licenses and commercial property than Point Pleasant, which is 3 times as big – there was a severe lack of planning – Point Pleasant Beach had opportunity to purchase beachfront but didn’t because it was too expensive to maintain – we throw away millions of dollars – are preserving for future generations – commends Governing Body, Committee and the public for their participation.
Mayor Vogel: commended Committee – part of a commitment he made when elected Mayor – there are different political views, but a united front on how to develop and grow the community – take process seriously – not something that happens in a vacuum – commended all who donated time – process will be open and community-centric – Marine Commercial District is very special – last year, Governing Body received a $50,000 grant to do some street-scaping to the area – it’s one of the jewels and charms of our community – appreciates everyone coming to express concerns and views – was a difficult decision and process, but was done with one thought in mind, what is best for Point Pleasant Beach.
Ordinance 2006-03 (Authorize Board of Adjustment Membership to Include Four Alternate Members) was introduced on first reading.
Motion by Councilman Loughran, seconded by Councilman Dyer and carried by the following roll call vote, Ordinance 2006-03 was approved on first reading. The public hearing will be held on February 21, 2006.
VOTE: Councilmen Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia…YEA
Ordinance 2006-04 (Licensing – Amend Fine) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2006-04 was approved on first reading. The public hearing will be held on February 21, 2006.
VOTE: Councilmen Liotta, Loughran, Corbally, DiCicco*, Dyer, DiCorcia…YEA
*Councilman DiCicco: thanked Attorney Gertner and Clerk Ellsworth for bringing to Mayor and Council’s attention.
Ordinance 2006-05 (Police Regulations – Amend Fine) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-05 was approved on first reading. The public hearing will be held on February 21, 2006.
VOTE: Councilmen Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia…YEA
Mayor Vogel: both ordinances pertain to certain fines – statutory limits have been changed – have made the change to allow fines up to the maximum limit.
Ordinance 2006-06 (Establishment of an Open Space Committee) was introduced on first reading.
Motion by Councilman Dyer, seconded by Councilman DiCicco and carried by the following roll call vote, Ordinance 2006-06 was approved on first reading. The public hearing will be held on February 21, 2006.
VOTE: Councilmen Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia…YEA
Mayor Vogel: asked Clerk Ellsworth to send copy of the ordinance to Boards which will be asked to have representation, so they can select members, subject to public hearing and adoption.
Mayor Vogel directed that twelve items be added to consent resolutions.
Dan Sharkey, Toms River: asked if Mayor and Council has established Disabled Veteran exemptions policy (Mayor Vogel: yes – if approved by Governing Body tonight, policy would allow for amount refunded to go back to beginning of calendar year in which Borough was notified of the exemption) agrees with that going forward, but feels exception should be made in Pearce and Saitta cases because there was lack of clarity on the Tax Assessor’s part – were not handled according to statute (Administrator Riehl: Mr. Saitta has received a retroactive exemption for municipal and county portions; Mayor Vogel: per resolution, Borough will give back municipal portion – matter has been resolved; Councilman DiCicco: if owned property on January 1st of the year applied, exemption would be measured from January 1st – that’s the policy being adopted this evening – haven’t seen Mr. Saitta’s exemption) his exemption only went back to April 2004 – should be paid retroactive to January 2004 (Mayor Vogel: if there is an issue, Mr. Saitta can contact the Governing Body and request relief – Governing Body’s impression is that the requested relief has been granted and there is no open issue) per policy being created tonight, he should be paid back to January 1st (Mayor Vogel: intention of creating a policy is to eliminate differences in treatment – this is how the manner will be dealt with from this point forward – what was done has been done) previously submitted exemption instructions, from the application, to Mayor and Council – states it will be pro-rated to the time of property ownership – in this case, he owned it on January 1st and was only paid back to April, so it’s not correct (Mayor Vogel: can look into it and speak to the person impacted; Councilman Corbally: asked if Mr. Saitta shouldn’t be bringing this forward) Mr. Saitta is in his early 80’s (Councilman Corbally: know him well) Mr. Saitta served as an army medic in Iceland where he contracted frostbite – he tended to injured crewman on torpedoed ships, and takes exception to the fact that, per the Tax Assessor’s letter, to give him what he is looking for would be a hardship on the taxpayers – questioned how much of a hardship it would be (Mayor Vogel: have nothing from him) you have 2 letters (Mayor Vogel: we’ll research our records; Administrator Riehl: Mr. Saitta has never requested anything in writing – he filed for exemption with the Tax Assessor – he’s only come in prompted by you) presented correspondence from Congressman Smith to whom Mr. Saitta appealed because he wasn’t getting satisfaction from the Borough Hall – it wasn’t at his insistence or motivation and the dates precede anything that he’s brought up (Mayor Vogel: won’t resolve this tonight – will look into it – everyone here is under the impression that it’s been resolved) Borough Clerk sent correspondence to the Congressman in July 2004 (Mayor Vogel: yes, saying that it’s been resolved – I told Mr. Smith’s office it had been resolved – everyone was under the impression that it had been, amicably and to the satisfaction of the Veteran) it hasn’t (Mayor Vogel: we’ll contact the person involved; Attorney Gertner: Governing Body appreciates concern in bringing this forward, but Mr. Saitta is going to have to come in to make that application himself) he has made the application (Administrator Riehl: he filed an application for an exemption, but he never came in) he submitted the application in April 2004 and got a response in May 2004, saying he would get the exemption going back to the date of the application, but the general instructions state it should go to the date of ownership or the first of the year (Attorney Gertner: respectfully, assuming the policy is passed, he should come in and address the concerns being raised here) will mention it to him (Mayor Vogel: asked Clerk Ellsworth to send him correspondence– if there’s an issue, anyone here will be happy to meet and speak to him about it) the same issue applies to Mrs. Pearce – she came in with her application, in response to a letter from the Tax Assessor in August 2004, in which he said he would begin the exemption commencing on the application date – per the new policy and the previous state statute, she’s entitled to retroactivity to January 1, 2004 (Administrator Riehl: it hasn’t been denied – she has never come in or contacted our office) she doesn’t have to when she makes the application (Attorney Gertner: respectfully, being new here, is looking at memo on this issue –understands it is a discretionary issue –Council, by setting policy, is trying to remove the ambiguity) just read the first paragraph of the instructions (Mayor Vogel: have surveyed other municipalities – either they take no action or they do the same that the Borough has done – will certainly look at that if it fell through the cracks – it’s incumbent upon individuals to follow the proper procedures) they filed the applications, the town didn’t follow procedures (Mayor Vogel: can reach out to both impacted individuals and see if clarity is needed) when you make the decision, it impacts the County – if different towns have different policies, the County ends up in the position of disparate treatment of the Veterans – believes County would like to grant exemption on County portion, but they don’t have a say (Mayor Vogel: Freeholders certainly do and Congressman Smith was addressing legislation on a Federal level – there is ambiguity here).
Craig Jones, St. Louis Avenue: reviewed lake study RFQ – have no problem with the study, but with the scope – distributed information about a comprehensive DEP and EPA report on New Jersey environment (Mayor Vogel: prefer to stick with the RFQ, which was approved by Governing Body and address other issues during the public session – asked if he had issues with the awarding of the contract) has an issue with the study itself – believes it should say “removal of vegetation” not “management of vegetation” (Mayor Vogel: that presumption may or may not be correct – that’s not the issue at hand) doesn’t believe contract should be awarded as written (Mayor Vogel: removal might be an option, but Governing Body is looking at a global approach) should review the report before awarding the contract – replacing the word “management” with “removal” might save money on the study (Mayor Vogel: that’s not what Governing Body is looking to do) DEP and EPA say this is an invasive species and a weed that should be removed (Mayor Vogel; looking at Lake of the Lillies and Little Silver Lake) this affects all wetlands (Mayor Vogel: maybe there are benefits to phragmites in some areas of Little Silver Lake) if you read this report, you’ll have a different opinion (Mayor Vogel: that can be included as part of follow-up solutions) suggested the report be forwarded to the Engineering firm to be used as a guide – asked if all agreed that phragmites is an invasive species (no answer) – read excerpts from report (Mayor Vogel: goal is to do a global study of both lakes to determine what’s best – whether phragmites are invasive is probably immaterial) when you hire an expert, that expert will give you any opinion you want – hopes that’s not the case here (Councilman DiCicco: that’s absolutely an improper statement to make about this Governing Body’s integrity – want to know what the vegetation is and how best to handle it; Mayor Vogel: and, if eradicated, to determine what to plant next) already know what to do by looking at the report – $6,000 for a study is a waste (Mayor Vogel: doesn’t matter what other towns are doing – looking at what’s best for these 2 lakes – not just the narrow, single issue of phragmites) RFQ says nothing about water quality (Mayor Vogel: it’s all tied in – shoreline, vegetation quality, water fowl and wildlife management, etc. – have listened and been very responsive – trying to work together – looking for best interest of community – not one single issue) if you read the report, would not be doing this study, but a study on how to remove these things (Councilman Dyer: briefly read through what was handed out – it’s just a news release not sure it’s an invasive species because other people are saying the exact opposite – that’s why the study is being done – don’t know which way to go, that’s why bringing in an expert) DEP, EPA, County, and 2 members of the Environmental Commission say they should be removed (Mayor Vogel: no one is disagreeing – the goal is not singular, but the health and well-being of the lakes) removing phragmites will improve the health of the lake.
Dave Cavagnaro, 118 Parkway: asked, on Consent Resolution 1, item “l “ – adoption of Roberts Rules of Order – asked if committees can get copy, as it applies to them (Mayor Vogel: certainly – Governing Body will take steps, as part of a risk management strategy, to adopt rules and do some required training – nothing will be done in a vacuum).
Rosa Crowley, 1401 St. Louis Avenue: thanked Council for moving on the study, a fast-paced effort – appreciates help – worried that study will be against what residents’ want – agrees it’s a bigger issue than phragmites – glad the study is being done – questioned cost (Mayor Vogel: have received 5 proposals – cost is $6700 – one of the items provided will be a public meeting to get input on the recommended solution – will have everything back by March 29th) Mr. Jones is just very concerned – all are and are thankful to Mayor and Council for putting time and money into this – also don’t want money spent where it doesn’t have to be (Councilman Dyer: Council thinks it’s important enough to spend money and go beyond one issue) there’s more to it.
Brad Tombs, 319 Laurel Court: asked if proposal will be available to the public (Mayor Vogel: all will be available – his offer to lend his talent would be much appreciated).
Motion by Councilman DiCicco, seconded by Councilman Liotta, resolutions, covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Appointment of Donald Greer as Conflict Public Defender
b) Appointment of Eugene Warga to Parking Authority
c) Authorize Mayor and Clerk to execute contract with Sean Gertner, Esq. for professional services as Borough Attorney
d) Permission for Point Pleasant Woman’s Club to solicit local merchants for gift auction prizes
e) Raffles License Applications (2) for Point Pleasant Woman’s Club on 5/18/06
f) Appoint hall monitor for Recreation basketball program
g) Raffles License Applications (3) for St. Peter School PTA on 4/17/06
h) Approval of Payroll #2 ($198,990.82) and Payroll #3 ($199,523.84)
i) Raffles License Applications (2) for Kiwanis Club of Toms River on 4/1/06
j) Amend Point Pleasant Woman’s Club Raffles License No. 2005-53
k) Raffles License Application for St. Peter School PTA on 3/20/06
l) Adoption of Roberts Rules of Order and the Civility Code for all Committee and Commission meetings
m) Support of ‘School Counts” program and establish use of ‘School Counts’ Certificate as part of the interview/hiring process of both full and part-time Borough employees
n) Authorize CDBG application for roadway improvements to Water Street
o) Appointment of seasonal Class II Special Law Enforcement Officers (3)
p) Banner Permit Applications for Ocean County Columbus Day Parade Committee
q) Establish policy regarding property tax exemption for disabled veterans
r) P O to Princeton Nassau Conover Ford for Ford F-250 pick-up truck ($19,337)
s) Payment to JCP&L for installation of wires on power poles from Borough Hall to District II Police Substation ($22,577.24)
t) Payment of 1st Quarter Tax allocation to Ocean County ($1,424,156.90)
u) Payment to Continental Fire & Safety, Inc. for turn out gear ($4106)
v) Payment to Brick Utilities for diesel fuel for Sea Ave pump station ($5856.81)
w) Payment to Brick Utilities for October 2005 water usage ($59,716.80)
x) Payment to Brick Utilities for November 2005 water usage ($46,231.80)
y) Payment to Brick Utilities for December 2005 water usage ($65,848.56)
CONSENT RESOLUTION 2:
a) Payments to Wintron Electronics for 3 UHF repeaters and microphones ($3091)
b) Payment to Metric Parking for on site service agreements ($4100)
c) Payment to Sungard/THE for police Cad 400 and Crimes Mgt systems maintenance ($18,975)
d) Payment to Riggins for diesel fuel ($5498.53)
e) Payment to Metric Parking for parking machine maintenance contract ($5460)
f) Payment to R&H Spring & Truck Repair for power angle plow ($3700)
g) Payment to R&H Spring & Truck Repair for replacement dump body ($4199.99)
h) Payment to BCI Burke for Pleasure Park playground equipment ($4249.28)
i) Approval of RFP and authorization to advertise same for professional services in regards to preparation/submission of ANJEC Open Space Grant Application
j) Approval of computer generated vouchers ($2,177,169.91)
k) Payment to Alarm Distributors, Inc for cell block audio monitor and related equipment ($2125.95)
l) Payments to King, Kitrick & Jackson from Plan Bd escrow ($1391.25)
m) Payments to Schulmann, Wiegmann from Bd of Adjustment escrow ($450)
n) Payments to Schoor DePalma from Bd of Adjustment escrow ($1014)
o) Authorization to advertise RFQ to place ATM machines in the Silver Lake Lot
p) Payments to CME Associates from escrow accounts ($1722.36)
q) Release of maintenance guarantee for Jersey Mike’s Subs
r) Reduction of performance guarantee for Point Beach Cafe
CONSENT RESOLUTION 3:
a) Water/Sewer bill adjustments (9 accts)
b) Authorize CME to provide project management for North, East & West streets roadway improvement project at a cost not to exceed $16,200
c) Payments to Jersey Central Power & Light Company($28,268.83)
d) Authorize inter-local service agreement with Ocean County Construction Dept for electric sub-code services
e) Authorize annual ad in PPB Public Education Fdn journal ($100.00)
f) Raffles License Application for PPB HS Garnet Gulls Booster Assoc on 6/12/06
g) Award Contract for Lakes Study to Schoor DePalma
h) Approval of Special Event Application for Chamber of Commerce ‘Classic Car Cruises” conditioned on negotiating payment of police fees
i) Approval of Special Event Application for Chamber of Commerce ‘Festival of Sea’ – Chamber must secure permission from Parking Authority for use of their lots – approval of Ocean County Road Use Application
j) Approval of Special Event Application for Chamber of Commerce ‘Christmas Tree Lighting’ conditioned on negotiating payment of police fees and approval of Ocean County Road Use Application
k) Approval of Special Event Application for Chamber of Commerce Sidewalk Sales”
l) Approval of Special Event Application for Chamber of Commerce request to have ‘Tourism Stand’ on Boardwalk
m) HELD for separate consideration
n) Reimburse employee for damage done to personal vehicle by borough vehicle
o) Support legislation exempting municipal clerks from OPRA penalties when due diligence has been exercised
p) Permission for Chamber of Commerce to have stationery hot dog cart and Italian ice cart during “Cruise” events (without need for vendor permits – health inspection permits still required) and permission for restaurants to place tables on sidewalks (would still have to get permits through licensing/code department)
q) Deny request for relief of high water/sewer bill – 304 Arnold Avenue
r) Authorize purchase of used Pickup Truck from Parking Authority
s) Award of Contract for 10 multi-space parking machines to Metric Parking ($152,189.40)
t) Award bids for sale of surplus equipment (3)
u) Authorize Mayor and Municipal Clerk to execute contract with Bond Counsel
v) Authorize Mayor and Municipal Clerk to execute contract with Borough Engineer – Schoor DePalma
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia*.…YEA
*Councilman DiCorcia: asked Mr. Jones to give report to Schoor DePalma (Mr. Jones: yes).
Motion by Councilman Loughran, to approve Prosecutors’ Contract, was seconded by Councilman Liotta and carried by the following roll call vote:
VOTE: Councilmen Liotta, Loughran, Dyer** and Mayor Vogel***.…YEA
Councilmen Corbally, DiCicco*, DiCorcia….NAY
*Councilman DiCicco: did not vote in favor or against the designation of the Holzapfel law firm to serve as Municipal Prosecutor – always concerned about the cost – last year, the cost for Municipal Prosecutor was $650/session – believes Holzapfel firm’s bid was $700/session – doesn’t believe there was a hard negotiation with the firm to do it for $650 – experienced prosecutors submitted bids for less – Joseph Grisanti bid $550/session – doesn’t quarrel with the right to appoint Mr. Holzapfel, but feels money could have been saved.
**Councilman Dyer: was a long bid process – spent time with all the prosecutors and firms – chose Holzapfel’s firm for their expertise and local experience – understands that last year’s prosecutor bid the same price as Holzapfel’s firm was hired for.
***Mayor Vogel: price not always the driving factor – it’s based on quality – there was some negotiation last year – looking at the court schedule and the quality of the firm, has no problem in awarding the contract for that price.
Councilman Liotta: this Governing Body had proposals for lake study and didn’t take lowest or highest bid – looked at more than price – decided to go with Schoor DePalma over CME, at a higher price, because their study was more comprehensive.
Mayor Vogel: last meeting, was asked how habitable attic space is addressed in building code – have memos available for public; appointed Denise Lord and Anne Lightburn as co-chairs of the Environmental Commission due to resignation of Robert Autenrieth; congratulated Chamber of Commerce award honorees; asked Governing Body to review RFP on financial impact of tourism; thanked Councilmen DiCicco and Liotta for participating in the last ‘Meet the Mayor’ session – received feedback and questions regarding zoning concerns; received memo from Code Department regarding placement of air conditioning units in flood zone – asked Council to review and evaluate; had meeting with cell tower purveyor with possibility of putting antennas on water tower, raising $40,000 – 60,000 in revenue – would add capabilities for police, fire and EMS – would rather receive revenue than have it go to private business interest; have meeting with County Engineering Department on Thursday to address engineering concerns with County roads and flooding, including cost sharing and project management.
COMMITTEE REPORTS:
Councilman Liotta: as part of Master Plan Review Committee, spoke about Gull Island – spoke to Freeholder Bartlett at a County event and relayed that Committee recommends public access to Gull Island via foot bridge – issue was discussed 15 – 20 years ago – will pursue with the Freeholder; met with representatives of Manasquan, Brielle and Point Pleasant regarding celebration for 75th Anniversary of the Inlet – contemplating a boat parade and triathalon, along with some dinners – in embryonic stage; lighting upgrade at Silver Lake pretty much done – substantially brighter than what it was; would like to expand pay and display parking machines into Inlet area, a proven technology and would like to go out to bid for additional machines.
Motion by Councilman Liotta, to authorize Borough Administrator to go out to bid for additional parking machines for Inlet Recreation Area (9 or 10 machines, dependent on what the Engineer and Parking Meter vendor deem appropriate), was seconded by Councilman Corbally and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Councilman Loughran: met with DPW Director Meany regarding public works issues – need to continue to maintain storm drains – have jet vac, but, due to manpower issues, has been put on back burner – have cleaned several in last week or two and will continue; one remedy for geese problem was to put up fencing – will be putting up around Lake of the Lillies and Silver Lake in the next couple of weeks; sand on Boardwalk problem – put up tarp on west side of fence because sand was up to fence on east side – once dune maintenance permit is approved will be able to get machine onto beach and move sand away from Boardwalk – been fortunate with storms this winter; asked Mayor and Councilman DiCicco to fight for Baltimore Avenue drainage project during meeting with the County; spoke to Mr. McGlynn about burned out building on Trenton Avenue – thought there was plan to demolish, but still there – asked Administrator Riehl to reach out to them about that house and the one on the Boardwalk.
Councilman Corbally: had two meetings with Fire Department since January – very impressed with professionalism of members – great bunch of hard working people – very busy – had 366 calls this past year as opposed to 121 ten years ago – met with fire inspector because there were two iffy fireworks nights last year – both Fire Chief and Fire Inspector will check out, this year before allowing, by taking practice shots; looking for volunteers for Farmers Market, starting in May during Car Cruise event, and going Sunday afternoons through Halloween in Borden’s parking lot.
Councilman DiCicco: Master Plan Review Committee had final meeting on January 31st and report was finalized – thanked Councilman Liotta, co-chairman – pleasure working with him – thanked committee members – produced report and asked clerk to post on internet; blocked out last Tuesdays of each month for those meetings will now devote to FEMA issue – for last nine years, have not received discount because out of community rating system – will begin meeting as a task force – asked interested parties to submit resumes – currently, Bob Solt, Steve Ardito and himself – asked Councilman Liotta to serve on that committee as well (Councilman Liotta: my pleasure) first meeting will be February 28th at 5:30 pm; have meeting with DEP on February 10th to go over Lake Louise – want to get dredging project in place – will meet with representatives from Trenton and Toms River; recognized police force – had privilege to serve as Police Chairman – much of what they do we don’t see – most of what they do is prevent crime and volatile situations from becoming disastrous – recently four criminals were apprehended by our police force – Detective Daniel was contacted by US Marshall’s Service about two fugitives that were tracked to this area via cell phone use – million dollar fraud case – were also wanted by Dover Township Police and N J State Police Casino Gaming Unit – Detective Daniel’s search resulted in locating suspect license plate on different vehicle in front of rental property – surveillance was set up by Detectives Daniel, Dikun and Petruzziello –house search resulted in recovery of stolen property and other evidence – four members of the family pled guilty to racketeering and fraud – multi-million dollar fraud case and they face between eight and fifteen years in prison – recognized all officers who were involved in investigation, arrest and prosecution, especially Detective Daniel, who received an award from the Monmouth and Ocean County Intelligence Bureau.
Mayor Vogel: people see us here and there’s a lot of things that go on outside of the public’s purview – Councilman DiCicco was out into the wee hours of the night, riding along with police to see what gets done – what we do here is only a small portion of what gets done.
Councilman Dyer: Bay Head receives a 20% discount from FEMA – looking forward to meetings to pursue this issue, which impacts 85% of homes in town; many volunteers go unnoticed and unthanked and in many situations receive criticism along the way – at Point Pleasant Beach MAC meeting, committee secretary Betty Litchman was honored as Volunteer of the Year – received a certificate from the County; thanked local members of the Masonic Lodge for hosting pancake breakfast for Project Graduation on Sunday, March 12th from 8 a.m. to noon; met with building department, which has been assessed by two different organizations and “no administrative code violations were found during the course of our review of the building department” – thanked the Building Department – if you hear or see any building or code problems, give them a call and an opportunity to rectify situation; spoke to many people, since last meeting about resident passes for parking and received positive response – goal is to maximize vacancies – difficult to correlate numbers with dates – will tweak to a four-hour period, Silver Lake Lot will have pass parking Monday through Friday only, will be residents only (voter or license or car registration in Point Pleasant Beach), two cars/household, $10/car.
Motion by Councilman Dyer, to authorize Borough Attorney to draft resident parking permit ordinance, was seconded by Councilman Loughran and defeated by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Dyer….YEA
Council Members Corbally*, DiCicco**, DiCorcia*** and Mayor Vogel****….NAY
*Councilman Corbally: think Council has to look at it more – even at the Inlet lot, Harborhead Condo owners have tough time parking – think Borough will loose fair amount of income – don’t know if Police Chief is ready to enforce it.
**Councilman DiCicco: want to study further – first time hearing about an updated proposal – may reverse vote if can see something in writing
***Councilman DiCorcia: have other questions such as effect on residents – would like it further studied.
****Mayor Vogel: has concerns, although thinks it’s a good concept – like to see it move quickly – thinks proposal is a strong one – issue with Inlet area can be addressed further – should be resident only – with minor tweak, proposal can be voted on at next Council meeting.
Councilman DiCorcia: thanked Councilman Loughran regarding sand on beach; thanked Chief for end of month report; thanked Lynn Aber for working with him and contacting Pete Johner at JCP&L – making some progress – if midnight shift is slow, could use another survey around March 27th –asked Chief to help with potholes (Chief DePolo: as we see them we call them in).
PUBLIC PARTICIPATION PERIOD OPENED AT 10:29 PM
Peggy Buccino, 319 Newark Avenue: asked how to find out about sitting in on engineer’s reports (public meeting – will be advertised and posted on web-site); all for resident parking pass –asked if there will be a time limit to apply – as example, in Manasquan, have to go before May 15th to get discounted beach badge – would limit amount if given a time frame to purchase.
Max Gagnon, 304 Parkway: thanked Councilman Liotta for looking into Gull Island – N J Transit is putting in new trestle and have put in a walkway on the east side – may be able to use it (Councilman Liotta: Freeholder appeared enthusiastic about it); thanked Mayor for voting down parking permit – did more research – 85% utilization of meters in Silver Lake Lot – could cost community substantial amount of money – sometime ago, passed ordinance to allow meters on Chicago Avenue, since Council changed mind, asked about utilizing those 43 spaces for permit parking – would be easy to police as only permit parkers should be there – would cost nothing and not impact current parking revenue.
Dave Cavagnaro, 118 Parkway: thanked Council in regard to flooding issue on Baltimore Avenue – Schoor DePalma was looking at it after last meeting – asked if pump on Lake Louise at Boston Avenue is a possibility (Mayor Vogel: holding a capital budget workshop on February 28th – engineer will be there; thanked Council for Open Space Committee Ordinance – asked when positions would be filled (Mayor Vogel: will have an open process) grant must be applied for before the end of March; spoke with Borough Attorney about fence issue on Zilai Row; thinks parking permit is a wonderful idea – concerned about using meters – should use streets, thereby forcing tourists into lots; asked Council to consider public participation time limits at meetings (Mayor Vogel: up to Governing Body to discuss – torn because Mayor and Council are here to listen to constituents’ concerns, but more can be heard from if those speaking are brief; Councilman DiCicco: Borough Attorney should take a look at it; Attorney Gertner: though Mayor runs the meeting, he’s carrying out policy set by Council; Councilman DiCicco: asked what time limit he was proposing) 2 or 3 minutes/item (Attorney Gertner: as a matter of analogy, courts are legislated to shut down at 11PM).
John Szafranski, 319 Yale Avenue: thanked Mayor for interest on tourism impact – been talking about it for years; suggested public forum for explaining revaluation process; asked about budget process (Councilman Liotta: had a couple of committee meetings – one public meeting last year – may have two this year); asked where to report code and construction violations on weekends (will take a look at it from financial standpoint); need more signs for bikes, roller-blades and skateboards on Boardwalk (signs should be at every access to Boardwalk).
Vincent Barrella, 116 Niblick Street: challenged Republican Senators Connors and Ciesla to enact enabling legislation to levy a Newark-style sales tax on private parking lots and to levy tax on sale and consumption of alcoholic beverages – allows revenue to be garnered from those who place burden on services – asked that Republican Council members direct that Attorney draft letter to legislators to pass enabling legislation and asked Democrats to try for bi-partisan legislation by directing a letter to Democratic leadership in legislature – asked Mayor to direct Administrator Riehl to contact other shore municipalities about joining in supporting this – asked Mayor to take lead in forming Shore Coalition; would garner an additional $50,000 – 70,000/week by metering District 4 with boxes – talking about $1,000,000 over summer.
Craig Jones, 1503 St. Louis Ave.: didn’t mean to offend anybody – appreciates everything done.
Dan Sharkey, Toms River: because of the efforts of Veterans, town meetings are still in English, not German or Japanese.
PUBLIC PARTICIPATION PERIOD CLOSED AT 10:53 PM
Meeting was adjourned at 10:54 PM
Transcribed by: Eileen Farrell and Maryann Ellsworth
Attest: Maryann Ellsworth, Municipal Clerk
