Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:32PM with Mayor Barrella and Council Members Dixon, Cervino, Tooker and Mercun present. Councilman DiCorcia arrived at 6:39PM. Councilman Loughran was absent. The Municipal Clerk read notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman Mercun, to enter closed session to discuss (1) contractual and (6) personnel matters, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members Dixon, Cervino, Tooker, Mercun…YEA
Closed session started at 6:35 P.M. and ended at 7:08 P.M.
Mayor Barrella reconvened the meeting at 7:13 P.M. Present were Council Members DiCorcia, Dixon, Cervino Tooker, and Mercun. Councilman Loughran was absent.
Department head memos and correspondence were discussed, with items being moved to the agenda for action; items opposing proposed state legislation were held for July 15th meeting.
Ordinance 2008-32 (Establish Handicap parking space on New York Ave) was introduced on first reading. Motion by Councilman Cervino, seconded by Councilman Mercun, and carried by the following roll call vote, Ordinance 2008-32 was approved on first reading. The public hearing will be held on July 15, 2008.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Mercun…YEA
Ordinance 2008- 22 (Amend CO License Fees) was considered on second reading. Motion by Councilman Mercun, to open public hearing, was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Mercun…YEA
No member of the public wished to be heard. Clerk Ellsworth announced a typographical error in Section 2C – ‘Point Pleasant’ to be changed to ‘Point Pleasant Beach.’ Motion by Councilman Mercun, to close public hearing and adopt Ordinance 2008-22 as corrected, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members, DiCorcia, Dixon, Cervino, Tooker, Mercun…YEA
Ordinance 2008-23 (Amend Parking Fees) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman DiCorcia, to close public hearing and adopt Ordinance 2008-23, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Mercun…YEA
Ordinance 2008-24 (Parking on Maryland Ave) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Mercun, to close public hearing and adopt Ordinance 2008-24, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Mercun….YEA
Clerk Ellsworth added several items to Consent Resolution 2; John Hurler, 18 Niblick Street/Broadway Motel Owners Representative: suggested additions/deletions to shuttle stops – current hotel vans are limited by vehicle insurance to transporting registered guests; Lynn Mahoney, Chamber of Commerce Director: requested 6 stops be added to downtown business district; Mike Vuocolo, Co-Chair of Tourism Advisory Committee (TAC): been working on this since April – all TAC meetings were open to public – asked Council to move forward with this recommendation, which TAC was appointed to provide – questioned why Council is now telling people to see Chief – public should provide input to TAC, with TAC making recommendations to Council – this is not a taxi group, it’s hotels moving guests with their vehicles, maybe picking up stragglers along the way; Attorney Gertner: there’s a difference between businesses running their own shuttle and picking up stragglers – DOT approval may be needed; Mayor Barrella: have spent ½ hour discussing whether a motel will be able to pick up/drop off their guests; Mike Vuocolo: currently being done – TAC charged with finding way to safely and efficiently move people during peak hours; Mr. Fernicola, Amethyst Beach Motel: TAC recommended stops to safely drop off people from private vans, not shuttles – spots would be designated in high concentration areas – two kinds of shuttles being considered, with jitney for 2009; Mayor Barrella: suggested Council endorse shuttle concept and permit up to 24 stops, determined by Police Chief; Councilman Mercun: a shuttle is a regularly-scheduled service that travels from Point A to Point B – you’re asking permission for a taxi for your guests – not what I contemplated when TAC said they were putting a shuttle service together – loading/unloading zones need to be addressed (need ordinance and town may not be able to establish on County roads); Mr. Fernicola: first step – jitney does not require DOT approval – all that’s needed is designated spots – don’t need private vehicles interfering with private shuttles; Mayor Barrella: directed that TAC items be moved to Consent Resolution 3; Councilman Dixon: asked about town liability; Attorney Gertner: that’s why Engineer needs to be consulted – recommended that once loading/unloading zones are approved by Chief, Council establish by ordinance.
Motion by Councilman Mercun, to move Consent Resolution 2, items ‘j’ and ‘k’ to Consent Resolution 3, items ‘a’ and ‘b,’ was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Mercun….YEA
Brian Kuhn, 32 Parkway: hotels/motels want shuttles to drop off guests – unfair to residents who have no drop off zones; Jay Reynolds, 808 Long Point Lane: if jitney picks up non-hotel guests at designated stops, goes to liability issue; Bob Hugus, 202 Chicago Avenue: we get 1/3 of a penny from tourism – businesses should run website – they are the ones making money on it; Councilman Cervino: current websites do not promote tourism adequately – would like more tourists downtown; John Hurler, 18 Niblick Street and Broadway Hotel Representative: asked if hiring a website consultant – website provider may have conflict of interest, as he provides town and private business sites – controversy versus Chamber site – $200,000 in grants to promote tourism – southern Ocean County establishing a $50,000 site; Mark Stevens, N J Metronet: does town’s site, and ‘pointpleasantbeach.com,’ a private business – what is proposed is the same as Wildwood has for tourism – sees no conflict; Mr. Paesano, 111 Parkway: suggested town site act as gateway to individual sites; Lynne Mahoney: agrees with TAC about developing area – web-site could be considered a kind of “Pay to Play,” as per attorney; Councilman Mercun: would like to know what attorney called it “Pay to Play” – there is a way to use a public facility to advertise, as evidenced by Ritacco Center – concerned about town doing due diligence and who would make decision on selling advertising on the tourism site, as town would be is paying for it – not going to sacrifice my judgment that due diligence is needed, because Councils have been waiting too long to take action; Attorney Gertner: checked into Wildwood site – all tourism sites provide links to private entities; Councilwoman Tooker: asked if town could make TAC responsible; Mayor Barrella: Council needs to maintain control; John Fernicola: tourism, as defined by this site, would be overnight accommodation – not addressed by Boardwalk private sites – first step to Governing Body controlling town’s image, not the Boardwalk.
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) Payment to Pedroni Fuel for gasoline ($37,841.04)
b) Scheduled Payment to PPB Board of Education ($774,463)
c) Salary adjustment for Karen Mills for passage of certification courses
d) Establish additional salaries for 2008 Recreation summer program
CONSENT RESOLUTION 2:
a) Appointment of seasonal public works laborer (1)
b) Approval of payroll #14 ($260,935.42)
c) Authorization to decrease hours for E. Farrell – Closed Session Item
d) Salary increase for K. Mills – Closed Session Item
e) Authorization to increase hours for K. Beno – Closed Session Item
f) Salary increase for B. Dispoto – Closed Session Item
g) Approval of Fellowship Chapel request to use Band Shell on 7/10/08, 7/24/08 and 8/21/08
h) Approval of Chamber of Commerce request to hold sidewalk sales in conjunction with “Late Night” Fridays
i) Approval of MAC request to use Band Shell on four Thursdays during summer
j) Moved to Consent Resolution 3/Item ‘a’ and considered separately below
k) Moved to Consent Resolution 3/Item ‘b’ and considered separately below
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Mercun….YEA
Motion by Councilwoman Tooker, to support up to 24 private shuttle stops, subject to certification and ratification by Police Chief and Borough Engineer (Consent Resolution 3/Item ‘a’), was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Cervino and Tooker…..YEA
Council Members Dixon*, Mercun**…..NAY
*Councilman Dixon: lot of controversy over this – would like something done, but need to wait until all 3 entities come together and Council knows exactly how it will work.
**Councilman Mercun: concerned about how it’s being handled – sounds like we’re putting a fancy name on loading/unloading zones – also concerned about liability.
Motion by Councilwoman Tooker, to approve and support start-up and maintenance costs of Tourism website (Consent Resolution 3/Item ‘b’), was seconded by Councilman Cervino, and defeated by the following roll call vote:
VOTE: Council Members Cervino and Tooker…..YEA
Council Members DiCorcia*, Dixon, Mercun**…..NAY
*Councilman DiCorcia: don’t believe a taxpayer-funded website is needed
**Councilman Mercun: while supporting efforts of TAC, concerned that due diligence has not been done on this matter – cannot approve town funding site.
COMMITTEE REPORTS:
Councilman DiCorcia: asked Councilwoman Tooker to address Council.
Councilwoman Tooker: a man received a permit to remove turtles from Lake of the Lillies – didn’t understand why they were being taken away – were caught off guard – thanked Attorney Gertner for counsel and Chief DePolo for asking man to cease and desist while Council figured matter out – considering a Catch and Release ordinance when lake is dredged and restored – gentleman’s permit, issued by Division of Fish, Game and Wildlife, stated that notification and permission of the owner of the water body, including public land, was needed; Attorney Gertner: Council’s position is to direct Administrator and/or Police Chief to notify these folks that they do not have permission of the owner of the water body to remove the turtles; Chief DePolo: gentleman represented, as part of the permit process, he was only required to notify Borough that he had all the appropriate permits – never saw the actual permit; Councilman Mercun: Elizabeth Avenue Association may have some say in this, as they own part of the lake – applies to all of our lakes – Chief was informed that turtles are sold to a farm in Florida for breeding – 15 to 20 turtles were taken; Mayor Barrella: town needs to look into any civil or criminal liability; Attorney Gertner: take position that no permission was granted, and that they return the turtles and inventory them; Councilman Mercun: should notify Division of Fish, Game and Wildlife that this licensee has violated terms of license and perhaps they can lift it.
Councilman DiCorcia: presented request, on behalf of the Sirchio family, who pioneered town’s wrestling program – in 1998, the family suddenly and tragically lost their daughter, Michelle, a high school senior who was queen of class, straight A student and loved by many – request was made, then, for gazebo to be named “Michelle’s Place” – would like to approve that now, on the 10-year anniversary of her passing.
Motion by Councilman DiCorcia, to designate the Arnold Avenue gazebo as “Michelle’s Place,” was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Mercun….YEA
Thanked Councilman Cervino for filling in for him at Board of Fire Officers meeting; expressed sympathy to Councilman Dixon and Mayor Barrella for recent loss of father and father-in-law, respectively.
Councilman Dixon: thanked everyone for outpouring of sympathy on the loss of his father; received resident complaint about amount of bikes along railroad tracks chained to poles and signs – an eyesore – problem is getting worse (Mayor Barrella: need signs on poles saying you can’t leash bicycles to trees and poles or they will be removed to DPW, where they can be reclaimed – asked if ordinance is needed) asked about putting flyers on bicycles (Councilman Mercun: asked about jurisdiction on NJ Transit property (we have joint jurisdiction) – need enforcement mechanism to take bikes and issue summonses; Mayor Barrella: asked Administrator Riehl to contact N J Transit about providing bike racks – if not, we are prepared to adopt ordinance that will enable us to ticket and remove bikes not properly stored); thanked Police Department for help.
Councilman Cervino: expressed sympathy to Councilman Dixon; bothered by town’s appearance – weeds around trees and businesses – yellow paint fading on curbs – business has paint on pavers in front of store – cigarette butts outside various businesses; complimented businesses in 600 block area on planter boxes installed in front of stores; complimented Dave Cavagnaro and Beautification members – Committee would like sprinklers installed near Inlet Comfort station, in garden at Boston and Harvard Avenues, by Little League, in triangle at Randall and Niblick, and at the War Memorial – wonderful work by Mr. & Mrs. Mecca at Lake Louise entrance – would welcome public donation of picnic table at ‘Michelle’s Place’ area; TAC will keep making recommend-ations to Governing Body – appreciates Governing Body’s remarks tonight; Public Works is looking good – building needs to be painted; commented on democracy demonstrated tonight, including civility, courtesy and collegiality.
Councilwoman Tooker: thanked Dave Cavagnaro for checking out tree; thanked Clerk Ellsworth and Administrator Riehl for putting ‘Announcements’ blurb on home page of website; thanked Chief DePolo and Officer Grace for Emergency Management handouts; announced Farmers Market on July 13th, noon to 4PM, in Borden’s lot, and first Animal Welfare Committee fundraiser at the Lobster Shanty; trying to get businesses on board with recycling – need to purchase a roll-off for commingled – will save money on landfill costs and generate revenue through recycling.
Motion by Councilwoman Tooker, to purchase roll-off container, through recycling funds, at a cost of $6,500, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Mercun….YEA
Mentioned that a town in Georgia is adding a $12 surcharge to speeding tickets to cover increased cost of fuel.
Councilman Cervino: announced that Chamber of Commerce will be hosting “Late Night Friday” events and were appreciative of monies budgeted.
Councilman Mercun: expressed sympathy to Mrs. Barrella for loss of her father; spoke with Officer Grace about brush truck at Sea Coast site – engine blew up and fire department is going to scrap it – will make effort to have it disposed of; asked about status of Sea Coast ownership (Attorney Gertner: reviewing title search from files held by former Borough Attorneys Hiering and Starkey); will have presentation on Lake of the Lillies on July 15th, with Dr. Souza and Borough Engineer – issue was raised in regards to nesting birds – Dr. Souza determined that areas already cut can continue to be cut to a height of 6” to 8”, every 6-8 weeks – areas not previously cut, may be harboring nesting birds, so will need to wait until fall before being cut – DPW Superintendent will set cutting schedule – private citizens can no longer cut, it is the town’s responsibility to handle phragmite issue – cutting without permission will be considered trespassing.
Mayor Barrella: Lake Louise needs dredging – at loggerheads with State – have Administrative Law Judge Hearing on July 30th – time to go over the head of the Shellfish Division; thanked Administrator Riehl and especially Lynn Aber for sprucing up State property on Route 35 where grass was growing 6” to 2’ high – property looks decent (Councilman DiCorcia: thanked Diane Scavone for work on getting electric inspector for less; Administrator Riehl: had negotiated with Brick Township, which was going to charge $60/hour – hired Eric Sudia, referred by Building Department, for $35/ hour); Councilman Mercun introduced concept of Pay to Play and Zero Tolerance ordinance last year – generally in support, but disagreed on concept of a local enforcement body – need to tighten up, look at local rules and see if we can come up with Pay to Play rules with Zero Tolerance policy in terms of gifts and gratuities – for example, say one accepts a transcript and uses it to make a presentation to Council as a public employee – an element of impropriety, as it was not produced for the benefit of Point Pleasant Beach but for the owners of Martell’s and Jenkinsons, who contracted and paid for it – asked Councilman Mercun to work on this.
Administrator Riehl: no report.
PUBLIC PARTICIPATION PERIOD OPENED AT 9:17 P.M.
Craig Jones, St. Louis Avenue: asked where cutting would be done (around St. Louis and Newark Avenues – have to make sure no birds are there before cutting the rest) asked when it would be cut (will work out details with Public Works) asked if fall was target date to get planting done (experts should be answering these questions – Council meeting will start at 6 p.m. on July 15th).
Patrice Knight, 1605 West Street: walk around lake with dog and stop by concrete abutment – 85-year-old turtle comes out every night, but see several others – to hear that some man harvested up to 30 of these turtles is very distressing – deferring cutting at lake to protect birds, but this man took out turtles that are older than any of us – amazing that this could happen at a lake that’s in litigation; asked if town would be legally responsible for feral cats – concerned that if paper reports we are a cat-friendly town, people will drop litters off here (will provide shots and neutering – cats will die through attrition; trade off is that cats control rodent population).
Joe Lemma, 203 St. Louis Avenue: put in new trees, buffer zones and new asphalt in Borden’s lot for $370,000 – 3 white box trucks are parked there, putting imprints in our asphalt – an eyesore – same thing with school lot, truck’s been there every night for past 6 months – asked if he was being charged to park there.
Dave Cavagnaro, 118 Parkway: thanked town – sees street sweeper almost every day in District 4; thanked Administrator for taking care of signage and grass cutting; thanked Councilman Cervino for kind words about Beautification – Beautification issued 25-30 ‘Thank You’ cards to businesses for plantings in front of stores; asked about 4-way stops on Boston Avenue (need DOT approval, not concept State will buy into; perhaps need to pursue DOT approval for year-round signs); last meeting, discussed Committee’s right to bar public from attending meeting, or portion of it, and asked for responses from Councilmen Mercun, Dixon, Cervino and DiCorcia (all believe they should be allowed to attend; Mayor Barrella: appointed Ad Hoc Committee and bi-partisan chairs determined the committee can do its job better, outside of public view, to allow a freer exchange of ideas – had ideas, proposed at prior Parking Committee meetings, brought out years later in a highly political context – understand public was allowed to speak, with committee going into executive session to do work – not going to get free exchange of ideas if volunteers have to worry that what they kick around will appear on the front page of the “Ocean Star” – volunteers are owed the courtesy of letting them work the way they feel is best); read that most state aid was returned to town (cut $127,000 and got back around $20,000).
Brian Kuhn, 32 Parkway: Lt. DiCorcia was going to look into speeding on Parkway (advised patrols – keeping an eye on it) asked about addressing speeders with bike officers and getting portable radar guns on Internet for $85; asked that Stop Signs go back up, year-round, to slow people down.
Bill Knapp, 100 Harvard Avenue: thanked Elaine Petrillo and Public Works for getting boat off lot and other stuff removed – bulkhead is a danger – has holes that kids can fall through – there are rodents down there as well (Administrator will follow up).
Max Gagnon, 304 Parkway: spoke about Risden’s matter – on 12/6/06, Open Space Committee met with Planning Board and later with Council – brought Open Space map to Council’s attention – was approved by both Planning Board and Council –map showed all oceanfront property that Open Space was looking to acquire, if it ever came up for sale – town was to put in Master Plan but plan has never been approved by Council – read from Cox 16:4.3 – it would be difficult to put 4 houses on the property if town approved and put Master Plan in place.
Seth Sloane, 900 Ocean Avenue: asked about status of Risden’s contract (hasn’t been signed) asked when it will be signed (don’t know) asked if any discussion on condemnation (can’t comment) or rezoning – asked why being heard again when they lost 6-1 – think it’s time for town to get tough on some of these issues.
PUBLIC PARTICIPATION PERIOD CLOSED AT 9:47 P.M.
The meeting was adjourned at 9:48 p.m.
