July 17, 2007

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:32 PM with Mayor Vogel and Councilman Mercun, Loughran, Corbally, DiCicco, Dixon, and DiCorcia present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department Head memos and correspondence were discussed with many items moved to agenda for action.

Motion by Councilman DiCicco, to enter closed session to discuss personnel (1) and pending litigation (1) matters, was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Closed session started at 6:53 P.M. and ended at 7:25 P.M.

Mayor Vogel called the regular meeting to order at 7:31 P.M. Present were Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, and DiCorcia. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman DiCorcia, to approve the minutes of the June 19, 2007 Council meeting, was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Mayor Vogel presented proclamation to Christina Amelchencko, Ocean County Mayor’s Scholarship Award winner.

Ordinance 2007-17 (Capital Improvement Bond) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman DiCicco, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2007-17 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Ordinance 2007-18 (W/S Capital Improvement Bond) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman Corbally, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2007-18 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Ordinance 2007-19 (Removal and Planting of Trees) was considered on second reading. Attorney Starkey: spoke with Councilman DiCicco about Shade Tree Committee review time – should be changed from 15 to 30 days – can be published with this change [Mayor Vogel: asked, if one tree comes down, will one be planted in its place (yes)]; Attorney Starkey: if dangerous, Police or Public Works will have the authority to remove.]
Ray Cervino, 206 Seymour Avenue: asked what is considered dangerous (could be one that blocks traffic sign/signal – should be left to Building Official’s discretion).
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2007-19 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Ordinance 2007-21 (Part-Time/Seasonal Employee Salaries) was considered on second reading. Public hearing was opened, held, and closed with no member of the public wishing to be heard.
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2007-21 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Clerk Ellsworth added several items to Consent Resolution 3; Mayor Vogel: Consent Resolution 2, item ‘h’ will be held due to State issues; Councilman Mercun: Consent Resolution 3, item ‘b’ should be subject to criminal background check and fingerprinting, due to incident that occurred in Toms River; Dave Cavagnaro, 118 Parkway: asked what exactly is Consent Resolution 3, item ‘b’ (Environment New Jersey is asking to go door-to-door soliciting members).
Motion by Councilman DiCicco, seconded by Councilman Mercun, resolutions listed below were carried by the following roll call votes:
CONSENT RESOLUTION 1:
a) Authorizing application for 2008 Recreational Opportunities for Individuals with Disabilities Grant
b) Authorize Mayor to execute State Local Cooperative Housing Inspection Program agreement
c) Approval of Payroll #14 ($272,023.26)
d) Memorialize special event application approval for First Baptist Church Boardwalk “Message of Love”
e) Payment to Ray’s Sport Shop for police equipment ($4226.64)
f) Payment to Owen, Little and Assoc for flood plain mgt services ($6307.50)
g) Authorization to apply for 2008 MAC Grant
h) Appointment of seasonal public works laborers (3)
i) Appointment of seasonal comfort station attendants (2)
j) Appointment of seasonal Class II special officers (12)
k) P O to Four Point for air conditioning unit ($3850)
l) Payment to Pedroni Fuel Co for gasoline purchased thru County Co-op ($23,744)
m) Renewal of membership in the Ocean County Joint Insurance Fund
n) No item ‘n’
o) Scheduled Payment to PPB Board of Education ($774,676)
p) Payment of 2nd installment to PPB Parking Authority ($36,666.67)
q) Payment to Motorola, Inc. for Fire Dept communications equipment ($3097.80)
r) Payment to Riggins, Inc for diesel fuel purchased thru County Co-op ($6813.23)
s) Revision of 4/3/07 Minutes (…asked how many tickets were given out this summer for overtime 4-hour parking)
t) Payments to Horizon BCBS for health benefits ($220,416.17)
u) Award contract for water tower rehab to U S Tank Painting ($318,800)
v) Approval of Project Graduation/MAC Garage Sale on 10/13/07 with waiver of garage sale permit requirement for participants
w) Raffles License Application for Rotary Club on 12/11/07
x) Payments to Schoor Depalma from escrow accounts ($3039)
y) Payments to CME Associates from escrow accounts ($1888.37)
z) Payments to the Galvin Law Firm from Bd of Adjustment accts (902.50)
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco (Items ‘a-l’ and ‘o-z’),
Dixon, DiCorcia…YEA
Councilman DiCicco (Item ‘m’)….Abstain
CONSENT RESOLUTION 2:
a) Refund road opening bond – 119 New York Ave
b) Payment to Schulman, Weigmann from Board of Adjustment escrow acct ($225)
c) Raffles License Application for PPB HS PTO on 12/5/07
d) Raffles License Application for UNICO Nat’l PPB on 9/25/07
e) Payment to Rainbow Irrigation for installation of irrigation lines ($6200)
f) P O to Boyce Associates for litter receptacles ($3675)
g) Payment to Clean Air Co for installation of vent system at Ocean Fire Co #1 ($34,488.90)
h) Held
i) Payment to Clean Air Co for installation of vent system at PPB Fire Co #2 ($34,517.50)
j) Approval of computer generated vouchers ($1,146,733.91)
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
CONSENT RESOLUTION 3:
a) Payments to Schoor Depalma from Bd of Adjustment accounts ($563)
b) Permission for Environment New Jersey to conduct canvass during July
c) Permission for PP Chapter Deborah to solicit local merchants for raffle prizes
d) Raffles License Applications (2) PP Chapter of Deborah for 9/26/07
e) P O to Motorola for batteries and charger ($3861.30)
f) Payment to Motorola for communications equipment ($26,108.40)
g) Payment to F&P Contractors for work completed on Downtown revitalization ($84,424.53)
h) Approval of ABC temporary storage, permit application for Chef’s International
i) Authorization for CME to bid borough garage renovation project
j) Approval of additional computer generated vouchers ($42,742.54)
k) Approval of curb cut at 311 Baltimore Avenue as per recommendations from Zoning Officer
l) Authorize Borough Attorney to draft ordinance amending Planning Bd fee schedule
m) Award contract for Sea Coast remediation to Birdsall Engineering
n) Approve Schoor Depalma fee estimate and authorize them to proceed with Boston Avenue drainage project
o) Deny Game Room request for refund of mercantile license fee
p) Authorize Borough Attorney to research DEP requirements on DEP access walkway adjacent to River Vista Lane and draft ordinance addressing same
q) Approve Jenkinsons South request to store dismantled rides in trailer on its property
r) Approve special event application for N J Offshore Powerboat Racing Assoc Parade on 9/7/07 and O C road use application
s) Approve special event application for U S Army Recruiting Stand on Boardwalk (4 dates)
t) Approve special event application for Friends of Dottie’s House 5K Run/Walk on 10/13/07 with parking fee waiver request
u) Authorize release of draft copies of tourism study
v) Authorize Jersey Shore Jazz Blues Foundation to hold 2 concerts at band shell
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Mayor Vogel: met with DEP about waterfront access at Wills Hole thoroughfare – developed ways to improve and keep area clearer and cleaner; thanked Chief DePolo for efforts in organizing Shared Services meeting; Summer Concert Series to start at band shell July 19th; received draft scope of services for Bicycle and Pedestrian Planning Assistance Program – committee will start work in August: appointed Patty Hoffman as alternate member to the Environmental Commission.

Councilman Mercun: met with Susan Jacobucci, Division of Local Government Services (DLGS), regarding proposed Ethics Ordinance – Attorney Starkey will draft new ordinance, consistent with their recommendations – asked that current Ethics Ordinance be removed – will introduce new ordinance once approved by DLGS.
Motion by Councilman Mercun to withdraw Ordinance 2007-13 was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Councilman Mercun: of the two special officers trained in speeding enforcement for Project Erase, one left for another department and the other was diverted to Boardwalk patrol, but Project Erase is still ongoing – suggested issuing “We Heed the Speed” bumper stickers; on June 19th, Paul DePasquale brought up Trenton Avenue speeding problem – put speed sign there – conducted random surveys – on July 9th, of 16 vehicles, highest speed was 24 mph – on July 14th, of 34 vehicles, highest speed was 25 mph – people are reading signs; moving forward with Sea Coast Oil Property – met with area property owners – trailer being removed – Public Works knocked down weeds and will pull poison ivy – will be low traffic area for Office of Emergency Management – gave site remediation contract to Birdsall Engineering.

Councilman Loughran: parking revenue is up $100,000 from last year, court fee revenue is down $33,000, hotel tax is up $17,000; 54 commuter park passes and 409 resident passes issued to-date; 45 summons issued for failure to yield to pedestrians; have a “Do Not Knock” ordinance in town; solicitor arrested last week in Bay Head.

Mayor Vogel announced that the State removed their tax on municipal parking.

Councilman Corbally: Chief to put sign at Railroad lot, warning of enforcement for those without a pass; met with neighbors around Jaeger Lumber who had concerns about how Jaeger is using property – having a meeting in September with Jaeger and area residents; Farmers Market had busiest date last Sunday; street sweeper was out of use for only 10 days; contractors working on River Avenue – “No Left Turn” sign posted on corner of Arnold and River Avenues; Tourism Study now on-line – thanked Clerk Ellsworth.

Councilman DiCicco: talked with residents and some issues raised – asked how we can provide better jetty access from northern part of our Boardwalk – fence that was blocking access was taken down – had some preliminary discussions with DEP and Birdsall Engineering, who’s doing environmental work for us.
Motion by Councilman DiCicco, to authorize Birdsall Engineering to begin preparation of plan to provide better access to the jetty, was seconded by Councilman Mercun, and carried by the following roll call vote.
VOTE: Councilmen Mercun, Loughran*, Corbally**, DiCicco, Dixon, DiCorcia…YEA
*Councilman Loughran: asked how this affects our liability (Attorney Starkey: will inform Ocean County JIF – may recommend signage).
** Councilman Corbally: on the condition that we look into insurance.
Councilman DiCicco: another issue is the zoning variance process – allowed those with non-conforming properties to add decks without going for a variance – one homeowner wanted to replace her front steps, but was within the front setback from the street and needed a variance – could do this without a variance, as it was a repair – she then wanted a small overhang over the steps and was told that she needed a variance for the overhang – seems unfair – other towns have a Zoning Administrative Review, due to minor nature of some repairs/improvements – want to research further and, down the line, authorize Borough Attorney to draft ordinance; decommissioning of three wells has been completed – the well property on Cooks Lane is a 50’ X 140’ buildable lot in the SF5 zone – asked Council to look at what has to be done to sell that property for residential use; FEMA Commission will have its last meeting on Flood Plain Management Plan on July 26th – having joint meeting with County Emergency Management and FEMA; tax bills going out with information sheet and questionnaire for emergency situations, such as evacuation (Mayor suggested meeting with Board of Adjustment on variance issue).

Councilman Dixon: last month, reported on an overcrowded house on St. Louis Avenue – Code Enforcement checked out – 3 people over occupancy – tenants were leasing out rooms – landlord went to court and evicted tenant; call from Philadelphia Avenue resident – stated 11 people living there – Code Enforcement talked to them but couldn’t gain entrance (tenant claims 7 living there – house has a 7-person occupancy); this month, gave 58 verbal warnings for garbage, blocking sidewalks, parking on front lawns – came up with plan to log status of complaint; Building Department brought in $289,469.05 through July 1st; plumbing inspector being given more hours.

Councilman DiCorcia: no sign at Route 35 South and Washington Avenue (has since been replaced); Elks will host special needs children from Camp Moore on July 25th; received requests for parking permits – against parking permits unless there is an extreme hardship – in a hardship case, a letter should be addressed to Mayor and Council and they can come before Governing Body.

Administrator Riehl: tax rate has been certified at .828 – bills will be mailed by Monday; spoke with trailer owner at Sea Coast Oil Property – must be removed – will get rid of scrap metal there; made arrangements for sprinklers at 5 locations, per Beautification Committee’s request; on Thursday, will be converting $9.4 million in notes into permanent bonds – had a very favorable rating with Moodys – upgraded from BAA1 to A3, which will get us a better interest rate when we go to sale on Thursday.

PUBLIC PARTICIPATION PERIOD OPENED AT 8:18 P.M.

Zach Hartman: been playing guitar at Boardwalk and would like to continue but was told I couldn’t (contact Municipal Clerk for special event application).

Peggy Buccino, 319 Newark Avenue: asked to have weeds cut by lake – had two arrests, men hiding in that brush; the pet waste station should be cleaned more often – no pet station on Baltimore where there is a sign to clean up after your pet.

Ed Sirchio, 722 McLean Avenue: suggested checking with Manasquan and Andrew Ciesla’s office about the Inlet; 2 years ago, Lavallette refused to put up Rip Tide warnings because then they would be responsible; an agreement was made years ago, after mediation with the State, Point Pleasant Beach and private association to south on letting public in – CRAB disagreed with $125 seasonal badge rate, so did not sign on with the agreement – have received calls from Elizabeth/Carter area gentleman, have been battling with association to the south – thanked Chief for talking to person at association, who personally removed state DEP signs and put up signs stating he owns 50 feet into the ocean – fence down there to keep people off the beach – “Keep Out” Signs – DEP will fine the town; asked about cost of Boylan litigation and docket number (Attorney Starkey: will get docket number – firm handling title issues – JIF Attorney handling damages claim) asked how we can barricade this street if litigation is not over; asked about outfall – kids going under think its a waterfall.

Monica Walsh-Petracco, 416 Blodgett Avenue: “Newark Star Ledger” reported on hotel/motel tax and 146 municipalities joined in – we are #18 in State and homeowners will earn $76/property; two Saturdays ago, Route 35 bridge malfunctioned and were re-routing to Route 88 and River Road – if it malfunctions again, asked that cars be allowed to go to Broadway before being detoured.

Ray Cervino, 206 Seymour Avenue: complimented Mayor Vogel for preventing State from raiding our parking revenue; Councilman Mercun’s bumper stickers remind him of President Ford’s “Win” buttons to combat inflation – Police enforcement would go further than bumper stickers – speeding is a constant problem; asked if “Adopt a Spot” at Lake of the Lilies necessitates a DEP permit (must go through Administrator).

Dave Cavagnaro, 118 Parkway: thanked Council – streets in neighborhood are much cleaner; thanked Mayor and Council and Administrator Riehl for sprinkler installation; thanked Council for having tourism report on-line and asked when Council feedback will be; asked if there is any decision about stores with excessive window advertisements – especially waiting for input from Chamber; jetty access from Boardwalk is a wonderful idea; asked about handicap walkway at Inlet (talked to DEP about removable ramp – asked Building Department to look at parking lots with no handicap spaces); complained about parking on grass and presented pictures showing some on Parkway, Randall and Niblick – would appreciate consistency in enforcing ordinance.

Vince Castin, 15 Trenton Avenue: questioned whether private individuals could bring dangerous tree conditions to attention (yes); pool construction people drained water on 100 block of Trenton Avenue for 6-8 weeks – stained street and apron – don’t know how they will remedy – suggested they be required to run hose from property to catch basin; asked if there is any update on geese remedy (no).

Ben Dispoto, 311 Parkway: thanked Mayor and Council for creating commercial parking area on Cooks Road; thanked Administrator Riehl for filing paperwork on receptacles; thanked Chief for prompt response to unidentified solicitor at his door – good response to safety issue; asked why converting short term debt to long term debt (going from temporary financing of notes to permanent financing of bonds).

John Szafranski, 319 Yale Avenue: asked what is the next step for shared services; quoted from newspaper article, projecting Police costs over the next 10-20 years at 25% of municipal budget (example from Belmar – last night’s meeting was just an open forum to educate – still in preliminary stages) asked if Council was going to set up a committee to keep reviewing shared services and its cost (purpose of last night’s meeting was educational, not to set action plan); asked if anyone heard about “See the Sign, Pay the Fine” program – asked about putting signage up; asked, now that Inlet’s been opened, do we have the right to free access; thanked Council for making drafts of the tourism report available – would like feedback from Governing Body.

Lee Kelly, 407 Washington Avenue: asked if bonding is part of budget and if tax rate reflects this bond issue (yes) – received curbs on Washington Avenue – County came in and tore up entire street – asked for coordination between County and town work – seems like their sub-contractors don’t notify anyone (normally requirement would be to post notice – asked that correspondence be sent to County Engineering department).

Peter O’Rourke, 10 Hayes Court: lost several revenue producing parking spaces by allowing loading/unloading in railroad lot (State ordinance on idling – will have Police talk to Jaeger); been a vehicle parked in the same handicapped spot for two months and it hasn’t moved (should notify Police); noticed increased Police presence during daytime – beach is private property (had a problem with wallets being stolen on the beach).

PUBLIC PARTICIPATION PERIOD CLOSED AT 8:59 P.M.

The meeting was adjourned at 9:00 P.M.