Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:07 PM with Mayor Barrella and Council Members Dixon, Tooker, Loughran, and Mercun present. Councilman DiCorcia arrived at 6:09 PM. Councilman Cervino was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Dr. Stephen J. Souza, Lake Manager and President of Princeton Hydro, presented Lake of the Lillies Action Plan. The following members of the public spoke:
Frank Rizzo, 64 Harvard Avenue: spoke about the cost of lake studies (was asked to hold these comments to Public Participation).
Candace Donoghue, 1304 Baltimore Avenue: spoke about the use of chemicals and public health and safety, what the objective of the plan should be, and the need for dredging.
Attorney Lieberman, representing Save Lake of the Lillies Group: submitted supplements for the record, marked as A1.
Ed Conklin, Carter Avenue: thanked Council for agreeing to dredge and restore the lake, voiced opposition to chemical use, and commented on need to restore wildlife around the lake.
Peggy Buccino, 319 Newark Avenue: hopes Council moves forward on this company’s plan – same as previous plan, submitted by another company.
Rosa Crowley, St. Louis Avenue: reports are professionally done; Council must weigh options on pesticides vs. manual removal; taxpayers can’t afford more specialist reviews; dredging is necessary; concerned about bird sanctuary; asked this Council to complete project.
Willie deCamp, Chairman of “Save Barnegat Bay:” group is a client of Princeton Hydro and has a high opinion of them; Lake of the Lillies is a tributary of Barnegat Bay and a small watershed – a sort-of laboratory; commended Council and Borough for tackling the problem; prefers chemicals not be used; asked that silt trap become functional, that drainage basin of watershed be made smaller and detention basins be used on Route 35, and that the chemical aspects of the lake be addressed.
Angel Abruzzo, 309 Newark Avenue: asked what will be done with weeds and garbage until lake is dredged (concerns will be incorporated into final report; DPW has been directed to cut phragmites on St. Louis Ave. side – DEP permit does not permit citizens to cut them, only the Borough – Dr. Souza has determined that if the Newark Ave. side has been previously cut, it’s ok to cut it, unless there are nesting birds in the area) should clean the area in the meantime
Jane Nogaki, Representative of NJ Environmental Federation, Belmar, NJ: spoke out against pesticide and herbicide use on this project – presented a position paper (later marked A2) – encouraged a non-chemical approach to phragmites control which, when coupled with dredging, is more effective – discussed the damaging health effects of pesticide, which would most likely be used at the lake, including lymphoma in children of farmers who have used it; left package of information about creating pesticide-free zones.
Dr. Souza: the plan’s recommended approach for restoration is mechanical removal.
Jim Wisniewski, 1403 St. Louis Avenue: his family signed the deed to the lake over to the town, and the town agreed to maintain it 34 years ago – if they did, there wouldn’t be a problem now – the lake is not just for wildlife, but for the community – his family put this in the deed – 90% of residents around this lake want to help – the other 10%, which calls itself “Save Lake of the Lillies” should change its name (Mayor Barrella: the civil war around Lake of the Lillies has to end) should put politics aside, get out of Mr. Souza’s way, and let him fix the lake.
Frank Costa, 300 Elizabeth Avenue: phragmites are non-invasive – with all of the abuse, the lake is still there – phragmites are supporting the lake – go ahead with the dredging and don’t make the phragmites an issue right now – opposed to use of chemicals.
Maria Tirpak, 401Carter Avenue: asked if this will be done steps and when will it be initiated [manufactured treatment devices (MTDs) will be installed contemporaneously as the lake is being dredged – don’t have starting date because there is no final report, with cost estimates, yet – want to be able to go to the DOT and the County for money, as they share a major part of responsibility for causing the problem].
Beth Gaelick, 210 Washington Avenue: applaud all for the work done – glad dredging is one of the goals – hoping Council and Mayor are still opposed to the use of pesticides and that native trees and shrubs will be replanted after the dredge – phragmites are there because of the degradation of the lake – suggested looking to Bay Head as an example for trimmings – plan doesn’t seem to address storm water – asked if it would will it be addressed thoroughly (yes, by MTDs) asked that it be diverted to pumping station instead.
Attorney Lieberman: key issues concern the wildlife that’s being replaced – must be consistent with the U.S. Fish and Wildlife list, which includes shrubs, trees and other vegetation, in order for there to be wildlife habitat – deed requires the preservation of wildlife – believes the proposed planting diminishes the preservation of wildlife, which is inconsistent with the legal obligations of the municipality; also have concerns about the manner of the dredging (listed in the handout provided), but happy that dredging is being entertained by the municipality; steadfastly against the use of chemicals.
Jim Wisniewski, 1403 St. Louis Avenue: odd that Mr. Lieberman wants to go with U.S. Fish and Wildlife recommendations – he sued over their recommendations from two years ago
Mayor Barrella called a 5- minute recess, beginning at 7:10 P.M. and ending at 7:15 P.M.
Anne Lightburn, Open Space Committee: spoke about restoration of 29 Inlet Drive – committee wants to start the public process, then start to work with planners, etc. – Inlet is the town’s third biggest destination – Committee’s idea is to take the building down and replace it with a handicap-accessible shade pavilion/viewing area with benches – will get people out of idling cars – also talked about restoring/moving the fishing memorial, which is in need of a facelift, and about potentially adding vegetation, creating a dune-like environment and wildlife habitat – another idea is to build a cement promenade on the jetty, or some type of structure, so people can get from our parking lot, along the Inlet, up onto the Boardwalk; recommended holding a public meeting in September, hosted by Mayor and Council or the Committee (Committee does not need Council’s approval to hold a public meeting; principal financial commitment of the Open Space Trust fund is the restoration of Lake of the Lillies – have had ongoing discussions regarding Risden’s, which is probably in second place – would like to see serious cost estimates attached to things the Committee is looking to do) need to know what the residents want in order to get cost estimates – Boardwalk extension is a long-term project – it’s important to get whole vision before doing one piece – restoring memorial is long-term – there is a September 2008 deadline to get demolition costs to Green Acres to qualify for funding – demolition is part of grant process for that piece of property.
Department head memos and correspondence were discussed with items being moved to the agenda for action. Per Attorney Gertner’s recommendation, no position was taken on individual’s request to hold voter registration drive on the Boardwalk, nor on two Environmental Groups requests to go door-to-door (was suggested that these groups report to the Police Department so that their activities can be protected).
Mayor Barrella called the regular meeting to order at 7:36 P.M. Present were Council Members DiCorcia, Dixon, Tooker, Loughran and Mercun. Councilman Cervino was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Councilman Loughran observed a moment of silence in memory of Richard Jahns, a respected member of the community, and hard working member of the Chamber of Commerce, who passed away last week.
Motion by Councilman DiCorcia to approve minutes of the May 20, 2008 Council meeting, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran,…YEA
Councilman Mercun….ABSTAIN
Kevin Pace, Vice-Chairman of the Ocean County Cultural and Heritage Commission, gave background on Manasquan Inlet Coast Guard Station, constructed in 1938, and presented the 2008 Historic Preservation Award to the United States Coast Guard, on behalf of the Ocean County Board of Chosen Freeholders.
Ordinance 2008-16 (Eliminate Director of Public Works Position) 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, seconded by Councilwoman Tooker and carried by the following roll call vote, public participation was closed and Ordinance 2008-16 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-17 (Establish Supervisor Sewers/Supervisor Water positions) 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, seconded by Councilman Loughran and carried by the following roll call vote, public participation was closed and Ordinance 2008-17 was adopted on second reading with title change recommended by NJ Department of Personnel.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-18 (Establish Superintendent of Public Works Position) was considered on second reading.
Frank Rizzo, 64 Harvard Avenue: asked how the position was established (promotion with licensing requirements – Civil Service title – John Trout has worked for the town for roughly 22 years and was appointed to position by Mayor and Council).
Motion by Councilman Loughran, seconded by Councilman Mercun and carried by the following roll call vote, public participation was closed and Ordinance 2008-18 was adopted on second reading with title change.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-25 (Amend Vital Statistics 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 Loughran, seconded by Councilman Mercun and carried by the following roll call vote, public participation was closed and Ordinance 2008-25 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-26 (Establish Deputy Municipal Court Administrator Position) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Loughran, seconded by Councilman Mercun and carried by the following roll call vote, public participation was closed and Ordinance 2008-26 was adopted on second reading with title change recommended by NJ Department of Personnel,.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-29 (Reappropriation Bond for Boston Avenue improvements) was considered on second reading. Public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Loughran, seconded by Councilman Mercun and carried by the following roll call vote, public participation was closed and Ordinance 2008-29 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-30 (Amend Bond Ordinance) 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, seconded by Councilwoman Tooker and carried by the following roll call vote, public participation was closed and Ordinance 2008-30 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-31 (Amend Returned Check 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, seconded by Councilwoman Tooker and carried by the following roll call vote, public participation was closed and Ordinance 2008-31 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-32 (Establish Handicap parking space on New York 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 DiCorcia, seconded by Councilman Loughran and carried by the following roll call vote, public participation was closed and Ordinance 2008-32 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-33 (Police Salary Ordinance) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2008-33 was approved on first reading. The public hearing will be held on August 19, 2008.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-34 (Catch & Release) was introduced on first reading. Motion by Councilman Loughran, seconded by Councilwoman Tooker and carried by the following roll call vote, Ordinance 2008-34 was approved on first reading. Attorney Gertner: clarified that this applies only to fresh water lakes and addresses some vegetation issues. Councilman Mercun asked for guidance on certain sections. The public hearing will be held on August 19, 2008.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-35 (Sunday Bingo & Raffle Games) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2008-35 was approved on first reading. The public hearing will be held on August 19, 2008.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Clerk Ellsworth added several items to Consent Resolution 2; Ben Dispoto, 311 Parkway: questioned support of opposition to legislation in Consent Resolution 2, item ‘v’ – spoke about regionalization/shared services – questioned appointment of police officer – clarified that churches are included as organizations in Ordinance 2008-35.
Motion by Councilman Mercun, seconded by Councilwoman Tooker, public comment was closed and resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Approval of MAC fall town-wide garage sale on 10/11/08
b) Scheduled Payment to PPB Board of Education ($514,352.75)
c) Appointment of seasonal public works laborer
d) Payment to Schulman, Wiegmann from Board of Adjustment escrow ($225)
e) Payment to Ahern Copy Center from Board of Adjustment escrow ($82.50)
f) Payments to DOT for utility opening application fees ($1500)
g) Payments to CMX from escrow accounts ($3889)
h) Payments to Galvin Law Firm from Board of Adjustment accts ($1552.50)
i) Payment to Brick Utilities for May bulk water usage ($93,161.52)
j) Payment to RSI Fire ($5177)
k) Payment to CentraState for MAC programs through DEDR Grant ($2250)
l) Appointment of Karen Mills to the position of dog warden
m) Appointment of Peter Ritchings to the position of Dune Inspector
n) Appointment of Police officer
o) Performance Bond Reduction – McDonald’s
CONSENT RESOLUTION 2:
a) Salary Adjustment for Planning Board Clerk
b) P O to the Asbury Park Press for advertisement of Boat Parade ($1350)
c) Approval of Payroll # 15 ($291,667.40)
d) Payment to CMX from Board of Adjustment escrow ($544)
e) Payments to Galvin Law Firm from Board of Adjustment accts ($1780)
f) Adjust mileage reimbursement rate for 2008
g) W/S bill adjustments (9 accts)
h) Approval of computer generated vouchers ($1,165,432.77)
i) Payments to employees for insurance opt-out ($2767)
j) Scheduled Payment to PPB Board of Education ($774,463.00)
k) Payment to Horizon BCBS for employee health benefits ($131,692.45)
l) Payment to Lasting Line Painting for line/curb painting ($20,850)
m) Payment to Missing Link Fence for fence at Sea Coast ($3830)
n) Payments to CMX from Board of Adjustment accts ($672)
o) Approval of ABC Social Affair Permit for Elks Lodge on 08/02/08
p) Refund Dumpster Bond ($250)
q) Approval of May & June hand checks ($52,051.23)
r) Salary Adjustment for passage of certification course
s) Approve Date change for St Peter’s PTA Fisherman 5K from 10/25/08 to 3/28/09
t) Balloon Arch and Banner (with conditions) for American Heart Association “Heart Walk” on 10/5/08
u) Deny request by Carolina Furniture to sell door-to-door
v) Opposition to legislation allowing ABC license holders who operate a supermarket or liquor store to purchase an already existing distribution license
w) Opposition to legislation mandating certain municipal functions, such as tax collection, to be assumed by the county
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
COMMITTEE REPORTS:
Councilman DiCorcia: Princeton Hydro report interesting – totally opposed to chemical use; honor and privilege to participate in fundraiser for Sgt. Ippolito – wished his daughter a speedy recovery; announced Special Needs Children’s Committee picnic at Elks Lodge on July 30th – thanked First Aid, Fire and Police Departments, volunteers and all who participate; asked for support of Fire Department fundraiser – answered 350 calls last year.
Councilman Dixon: Code Enforcement did 129 rental CO inspections last month, 70 state housing inspections, 46 written warnings; Zoning Department reviewed 44 plans; Building Department issued 52 building, 35 plumbing, 22 fire, and 35 electric permits, and conducted 291 inspections for code compliance; Bureau of Fire Safety did 39 fire inspections, a couple of fire registrations and smoke detector certifications; brought in $39,959 last month – at the half-year mark, Building Department has generated $355,900 from construction permits, mercantile licenses, rental and fire registrations – an 18% increase from June 2007; for the last month, Code enforcement has been out on Sundays – this past Sunday, stopped work at 5 locations – also issued many warnings for garbage and recycling; having recycling problem on Ocean Avenue – asked Ben Dispoto to put a letter out clarifying where residents need to put the recycling; announced that Municipal Alliance Committee is presenting free summer concerts on Thursday nights at the band shell – proceeds from snacks, etc., will help the committee.
Councilwoman Tooker: on behalf of Councilman Cervino, thanked DPW for picking up leaves and asked that more merchants sweep their sidewalks downtown; first Farmers Market, was very successful – will continue until September 14th, Sundays 12PM-4PM; had Animal Welfare Committee fundraiser Sunday at the Lobster Shanty – raised almost $5,000 – first town in Ocean and Monmouth Counties to have a Trap/Neuter/ Release (TNR) program; Shade Tree Committee is working on Arnold Avenue Memorial Tree Program; Boardwalk has jumped on board with recycling program – will be stepping up enforcement around town; encouraged attendance at Bay Head Environmental Commission’s lecture series– next one is July 22nd; nice to see Coast Guard honored – Historic Preservation Commission is working on mapping historical buildings in town; first senior event will be coming soon; thanked Chief DePolo for having turtles returned; town has been more crowded this summer – Clerk Ellsworth’s theory is it’s because Point Pleasant Beach is the last train stop.
Councilman Loughran: announced what was discussed at last Neighborhood Preservation Program Committee meeting – through the program, Broadway and Channel Drive residents can apply for matching grants to improve their properties – presently, 5 projects have been approved by NPP, two have been completed and one has been reimbursed – 6 other projects are awaiting approval from the Committee – twenty-five $1,000 material grants and six $5,000 façade grants are available – encouraged business and residents to take advantage of them; announced the boat parade on September 19th – will include lighted and non-lighted boats; commended officer Brian Spader who was instrumental in saving a student’s life at Antrim School by performing the Heimlich Maneuver on an unresponsive girl – underlines the importance of School Resource Officers – suggested recognizing Officer Spader at a Council Meeting; over the 4th of July weekend, there were 95 Borough Ordinance arrests, as opposed to 152 last year, and 47 criminal arrests compared to 26 last year – this past weekend, Borough Ordinance arrests were about the same – 60 this year, 61 last year – 27 criminal arrests this year, 19 last year – the most common Borough arrest is urinating in public – 64 in the past 2 weeks at a fine of $275 – commended Boardwalk officers.
Councilman Mercun: started drafting a Code of Ethics and a Code of Professional Responsibility – state Code of Ethics talks only about public officials and employees with a financial interest – believe it goes beyond that – hopes to have drafts by next Council Meeting; finally got stockade fence around Sea Coast Oil site – working on removing the truck; Mayor appointed him, along with Councilwoman Tooker, to address Lake of the Lillies – have vast ideas and seem to be moving forward – people are open to dialogue – this Council is committed to getting something done – Councilwoman Tooker walked around the lake with Administrator Riehl to see if there were nesting birds and were attacked by them.
Mayor Barrella: thanked Council Members Mercun and Tooker for rationing down hostility at Lake of the Lillies – important to get Trenton involved – encouraged letters to Senator Ciesla and Assemblymen Wolfe and Holzapfel; appointed Dorothy Hadley to Beautification Committee and Mr. Hurler to Tourism Advisory Committee; asked Administrator Riehl to reach out to JCP&L for permission to attach wire waste baskets to Arnold Avenue telephone polls – DPW can replace inserts; questioned status of request for NJ Transit to put bike racks at train lot – need ordinance regulating where people can attach bikes – suggested removing them at the lot; received pictures of garbage in front of properties on the corner of Baltimore and Arnold Avenues – need to reaffirm what will be picked up and tickets must be written – landlord should be primarily responsible – questioned status of training Specials to aid Code Enforcement – Attorney Gertner will work with Chief on ordinance – need recycling enforcement (Ben Dispoto: County will be coming out against black plastic bags in the next 3-5 years); ordinance allows trucks to park in Borden’s lot – there are some big trucks which can damage the lot – it’s not aesthetically pleasing – asked Council to consider amending Ordinance 2006-48 to move trucks to lot by High School (Councilman Loughran: 2 years ago, had letters from Cramer Avenue residents complaining about trucks there) must designate where they can park, and they must have a permit – suggested speaking to engineer to configure something that doesn’t affect the people on Cramer); Code Enforcement cited an elderly woman whose grass was not cut – suggested establishing a senior registry for those who need help with this type of thing – should formulate policy and put something in “Ocean Star;” the last couple weekends, Parkway near Baltimore has been a combat zone with noise from rental properties (Chief DePolo: encouraged people to call police); need more police presence off Boardwalk in District 4; congratulated Paschal Drew on appointment as Police Officer – still feels we should have waited to appoint the 25th officer (Councilman DiCorcia: voted ‘yes’ on Officer Drew’s appointment because he didn’t want a ‘no’ from the Governing Body ‘on his record).
Administrator Riehl: meter revenues are down through last week roughly $48,000, court revenue is down roughly $140,000, hotel/motel tax is down; waiting for final certification on tax rate – hope to mail bills in the next two weeks – thanked all departments for information to include in the mailing; commended DPW for getting fence up at Sea Coast Oil; waiting on Rosewood/Briarcliff/Ridgewood Avenue project – Point Pleasant has meeting tonight and should be signing contract; getting price quotes on bulkhead reconstruction for Lake Louise – working with County, through Schedule C to get it finished; met with representative from Ocean ATM, who proposed the placement of 5 ATM machines at Borough Hall, the Boardwalk and the lake lot – 25% of profits would go to the town – passed out the literature for future discussion.
Councilman Mercun: heard that the parking enforcement bikes are broken down (Chief DePolo: not that he’s aware of) must do whatever is needed to keep those guys on bikes.
PUBLIC PARTICIPATION PERIOD OPENED AT 8:43 P.M.
Peggy Buccino, 319 Newark Avenue: asked for interpretation of the lake ordinance – asked if anyone under 16 cannot fish (opposite is true) and if someone can enter the water if their canoe overturns (depends on intent); thanked police for settling vandalism incident in front of her house on Saturday night – had to go through weeds for 25 minutes to see if anyone was in there – need to trim them.
Joe Lemma, 203 St. Louis Avenue: happy to have Chief at table – no complaints tonight.
Attorney Roger McLaughlin, representing Harborhead Condominium Association: attended Jenkinsons liquor license renewal hearings, due to objections of Harborhead residents – came to agreement – Council was pleased and renewed the license, based on certain conditions and stipulations – presented Memorandum of Understanding to Jenkinson’s and Borough Attorney, Gertner on or about June 7th and did not receive a response until yesterday, when Jenkinsons’ Attorney informed him that he will prepare the Memorandum and that’s why he hadn’t responded – the Memorandum, prepared by Attorney McLaughlin, incorporating agreements and understandings that Council approved in connection with license renewal, has not been executed – the sound system that was supposed to be installed and calibrated has not been completed – without the sound system properly installed and calibrated, the problem is never going to be resolved– although, initially, spirit of cooperation demonstrated by Jenkinson’s and productive discussion between the residents and Inlet Bar manager has stopped – last weekend, there were many complaints about the volume of the music – Mr. Koen, Harborhead Property Manager, contacted Anthony Storino on Saturday about the problems – he was told the sound system wasn’t finished and he didn’t know when it would be, and that Saturday night’s was allowed to play his own sound system – that’s contrary to the agreements approved – the basis on which Council determined to renew the license, and on which Harborhead had withdrawn its renewal objections, have been obviated; would like Council to consider rescission of renewal and disciplinary charges against the licensee for violating the conditions placed upon it – will have to consider action, in order to protect the interests of Harborhead residents – will be advising board of their options, one of which is to appeal Council’s decision to renew the license, which will cost both the Borough and Harborhead money – there is a problem with communication and cooperation between Harborhead residents and the Police Department as to the response to noise complaints – Attorney Gertner has a meeting with the Chief and prosecutor and has agreed to meet with Harborhead to resolve issues.
Attorney Edward McGlynn, Jenkinson’s Representative: Council can’t do anything from a legal standpoint – Mr. McLaughlin has the right to do what is necessary to protect his client.
Mayor Barrella: people have right to enjoy their houses without being disturbed by loud noise – the Storinos have a right to make a living – find a solution that respects both.
Councilman Mercun: concerned that Mr. Gasiorowski has not yet responded to Mr. McLaughlin in writing.
Attorney McGlynn: assured Council parties will get this worked out.
Attorney McLaughlin: Harborhead did what was suggested – not enough to say “go work it out” – asked if they would receive good faith compliance by the Storinos to the conditions Council set forth in the resolution – only one side has shown willingness to carry out agreements.
Mayor Barrella: asked Chief for enforcement – suggested borrowing a decibel monitor.
Attorney McGlynn: Mayor is making an assumption – parties will work it out – Mr. McLaughlin is making representations that there are conditions on the license – there aren’t.
Mayor Barrella: whether or not there are conditions, Mr. McLaughlin has a right to bring suit – to say there are no conditions is a legal conclusion – whether you prevail will be up to a judge, if Mr. McLaughlin is forced into that action – let’s not go there.
Attorney McGlynn: reiterated that Jenkinsons is willing to work it out – Mayor didn’t participate in renewal proceedings and does not know whether there are conditions.
Mayor Barrella: have resident complaints and a business that’s important to Point Pleasant Beach – all I’m saying is, “get it done – work it out” – if there was supposed to be a “Memorandum of Understanding,” get is signed and moving along – not taking sides.
Attorney McLaughlin: appreciated Mayor’s comments – Harborhead residents have been extremely reasonable – will find out, in a relatively short time period, if it can be worked out, because there is a window of time in which we must act.
Jim Wisniewski, 1403 St. Louis Avenue: asked how Catch and Release ordinance will affect geese (will pursue deterrents – will tighten it up for second reading); asked for clarification of Borough’s response to property maintenance complaints filed by 10 residents around Lake of the Lillies regarding cutting of weeds (complaints were addressed through court process; DEP regulated area) Borough dropped the ball and let the property fall into violation of this ordinance – phragmites are cut at Silver Lake and Lake Louise – need consistency (Council is trying to put together rules and guidance – wants to see cutting, on St. Louis Avenue, started tomorrow; DPW has been awaiting the outcome of tonight’s meeting; direction is to cut what’s already been cut, but hold off where there is nesting wildlife) thanked Council –not an easy job.
Stan Hales, Director of Barnegat Bay Estuary Program: federally-funded program which can provide technical expertise to this debate – works with Dr. Souza, who is widely recognized for the quality of his work – walked around the edge the property this afternoon with Councilwoman Tooker – there are a number of species of birds – their behavior is consistent with nesting in that area – there are other issues worse than phragmites at the property – need to control the vegetation in that area – pleasure to see so many people engaged in the debate and thinks all have done a good job handling it.
Anne Lightburn, 307 New Jersey Avenue: very interested in Risden property – disappointed at postponement of Planning Board – disappointed at inability of supposedly willing seller and willing buyer to be able to negotiate – would like to see Borough negotiate, get details out of the way and go with it –would like Borough to close deal with family or preserve property as commercial lot supporting beach access – might have to re-zone that property.
Dave Cavagnaro, 118 Parkway: thanked DPW on behalf of Beautification Committee for installing a welcome sign at the south end of town and for trimming and edging along driveway and, as a resident, for picking up brush at his house; acknowledged that Jenkinsons is sending out an employee to pick up garbage; complemented Councilwoman Tooker on the job she did on TNR program and fundraiser; asked for update on 4-way Stop Signs on Boston Avenue (no plan to put them up this year); nice to see Chief up front – suggested his back not face entrance door; asked if Council would reconsider resident parking pass program as a taxpayer parking pass (Councilman Dixon: will work on this).
Bill Knapp, 100 Harvard Avenue: asked where the bulkhead, brought up at last meeting, is located (Randall Avenue) – spoke about dangerous situation – asked if anyone looked at it (will follow-up with Engineer).
Max Gagnon, 304 Parkway: business with lakes is not really this Council’s fault – for years, Councils have postponed and taken way too much time to do things – we continue not to act when we should; have asked that Open Space area be put on Master Plan, and now we have problems with Risden’s and another who wants to build across from the White Sands – everyone wants to make a buck – Council has to draw the line (Councilwoman Tooker and Attorney Gertner met with town planners the other day – looked at the big picture and have taken preliminary steps – think you will be happy with the road we’re going down) cited rezoning ordinance from 2007 that was not passed (never introduced – was a negotiating tactic – not afraid to fight, but must be done the right way – can’t comment at this point; Attorney Gertner: this Council has taken a position to negotiate in good faith, with clean hands).
Ben Dispoto, 311 Parkway: asked if you need a permit to cut down trees on private property (only within the curb line/public right-of-way); asked when Master Plan will be approved (prior Council did not approve – with change in personnel, process has begun – Council has a plan; hasn’t been a complete overhaul of the Master Plan since 1977 – expect to see action before year-end) thought it had to be revisited every 10 years (review every 10 years – these are revisions); asked if Pay-to-Play is part of the ethics thing (Mayor Barrella: asked Administrator Riehl and Councilman Mercun to work together to put together a Pay-to-Play component – interested in regulating contributions from professionals and leveling playing field in terms of special interests); asked if we own a decibel meter (yes) and if we have a technician certified to operate it (no; qualified expert is necessary if you go to court; should be training someone; previous prosecutor felt it was detrimental to use; are moving forward with current prosecutor to try to get a better answer).
Candace Donoghue, 1304 Baltimore Avenue: thanked Council for saying “no” to chemicals –report cited fungicide use as a short-term management program, but did not advocate long-term plan, which is planting trees, shrubs and aquatic vegetation – plan mentions that Lake of the Lillies watershed is 150 acres – it’s 219 acres, 127 of which is affected by runoff from Route 35 – we’re getting a massive volume of storm water – MTDs do not eliminate it – volume is the problem – it needs to be eliminated – there are no diversion plans – somebody mentioned using a detention area for Route 35 runoff or diverting a portion of it to the pump station – best way to filter storm water runoff is planting trees and shrubs.
Glenn Paesano, 111 Parkway: suggested, if “Stop” signs can’t be put up year-round, to utilize the portable sign that flashes speed – west-bound traffic is the problem (suggested making a sign that says, “This is not a STOP sign, but slow down”); asked what street the lot on Parkway and Ocean is supposed to empty out on (northwest side of Parkway) – thought a commercial lot had to enter and exit on a commercial street (for safety reasons, enters and exits onto Parkway) – complained that lots collect money on the sidewalk, forcing people to cross the street – safety issue – biggest concern is speeding on Parkway.
PUBLIC PARTICIPATION PERIOD CLOSED AT 9:40 P.M.
Motion by Councilman Mercun, to enter closed session to discuss (4) personnel, (2) pending litigation and (1) contractual matter, was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Attorney Gertner: announced that action will be taken by Council after Executive Session.
CLOSED SESSION STARTED AT 9:41P.M.
Motion by Councilwoman Tooker, to come out of closed session, was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Councilman DiCorcia questioned the appointment of Jarred Popp as full-time Public Works laborer.
Motion by Councilman Mercun, seconded by Councilwoman Tooker, resolutions covering the items listed below, were approved by the following roll call vote:
a) Authorization to employ Gerald Grace on a temporary basis to provide Construction Official services during the absence of M Gardner (Closed Session Item)
b) Appointment of Jarred Popp to the position of Public Works laborer (Closed Session Item)
c) Authorization for Mayor to execute memorandum of agreement with Teamsters’ Union (Closed Session Item)
d) Denial of Water/Sewer bill refund request – 106 Delaware Avenue (Closed Session Item)
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
CLOSED SESSION ENDED AT 10:20 P.M.
The meeting was adjourned at 10:21 p.m.
