Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM with Mayor Vogel and Councilmen 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 DiCorcia, to enter closed session to discuss personnel (1) and contractual (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 6:44 P.M. and ended at 7:10 P.M.
Mayor Vogel called the regular meeting to order at 7:30 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 minutes of the February 20, 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 opened public discussion on proposed Ordinance 2007-07 (No left turn off River Avenue onto Arnold Avenue): part of ongoing concern with quality of life and traffic – passage will improve traffic flow. No member of the public wished to be heard.
Motion by Councilman Corbally, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2007-07 to be placed on the April 3rd Agenda for first reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Mayor Vogel opened public discussion on proposed Ordinance 2007-08 (Commuter Parking Passes): would institute a commuter parking pass program in the railroad lot at $264/vehicle per year, or pro-rated at $22/month – pass will be valid only at railroad lot – goal is to allow commuters to purchase the pass at a different rate than those published under Ordinance 2007-05.
Joe Lemma, 203 St. Louis Avenue: parking will be complimentary to businesses (Post Office and Jaeger Lumber) – disagreed with free parking – businesses should supply their own parking.
Dave Cavagnaro, 118 Parkway: asked how rate per year was determined (50% discount to buy yearly pass – will encourage commuters to park in the lot) – fee for parking at train station in Metuchen is much higher – residents can just park on nearby streets and walk 50 feet instead of paying for the pass – asked for consideration for residential parking pass that would protect residents within a block of the lot.
Mayor Vogel: there is signage along streets to discourage commuter parking – commuters want to park in the closer spots instead of along the street – the discounted rate will encourage commuters to purchase passes – 4-hour limit will not apply to commuters in the lot (Attorney Starkey will add before introduction).
Joe Lemma, 203 St. Louis Avenue: asked how many tickets were issued last year for overtime parking – asked if there has ever been a ticket given in that lot for parking over 4 hour limit – police shouldn’t have to go all over town to check who’s over the 4 hour time limit – would like someone to check on the amount of tickets written.
Vince Barrella, 116 Niblick Street: two words come to mind – “Rube Goldberg.”
Dave Cavagnaro, 118 Parkway: didn’t realize this will also encompass the original $10 parking pass – original program allowed residents one car in lot, then was expanded to two cars in lot – will now be expanded to allow resident, for same $10, to park in train station for an unlimited time period – argument made last meeting that 43% of taxpayers in town, that don’t vote here, would create thousands of potential cars to flood streets and take advantage of meters – asked, if thousands can come from 43%, how many thousands will come from the 57% and flood the train station, reducing revenue and burdening taxpayers who can’t even access the program – anyone with a $10 pass will be able to park for $250 less and that equals lost revenue – asked if any legal precedence or model was investigated as to why you can favor residents over taxpayers (Attorney Starkey: under police power of Governing Body, permitted to make distinction between residents and taxpayers – rational distinction – neither illegal nor unconstitutional).
Motion by Councilman Corbally, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2007-08, with resident parking pass amendment, to be placed on the April 3rd Agenda for first reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, and Dixon….YEA
Councilman DiCorcia….NAY
Ordinance 2007-02 (Establish SF-2 Zone) 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 to adopt Ordinance 2007-02: one of the 1st steps Governing Body will take to preserve the character and honor the traditions of Point Pleasant Beach – current Master Plan provides for 50’x100’ as the dominant buildable lot – also recognizes a low density zone, with a lot size of 75’x150’ – the section being carved out as SF-2 is an appropriate mezzanine level zoning, increasing density over SF-5, but not approaching density of the low density zone – inconsistent with the Master Plan which recognizes just those two residential zones – Master Plan is flawed to some degree, failing to recognize the dominant lot size in this zone – of 21 properties in this zone, only 4 have frontages of 50’ (3 of them were created by subdivisions in the last year), one lot has a 60’ front pitch, and the rest are between 75’ and 125’ in frontage, with one having 308’ in frontage – in reviewing the zoning map with Zoning Officer, speaking with Tax Collector, and looking around town, there is no other area with this concentration of lots larger than 50’x100’, other than the LD Zone – the new zoning recognizes the area as different – it advances the purposes of zoning, creates more light and open space, stops over-crowding and reduces density – it also creates a more aesthetically pleasing visual environment by recognizing that larger lots are the rule in this area (Attorney Starkey: Municipal Land Use law requires that reasons be set forth, in the record for adoption, when a zoning ordinance does not comply with Master Plan – Councilman DiCiccio has given a thorough discussion of those reasons and his motion for adoption should be deemed to include those reasons as set forth on the record). Motion was seconded by Councilman Mercun and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran*, Corbally, DiCicco, Dixon, DiCorcia…YEA
*Councilman Loughran: Clarified that 50’ frontage lots will be grandfathered, so as not to require a variance.
Mayor Vogel: there were some very specific reasons for this ordinance to be passed – the area it encompasses is unique – some residents are asking for protection and are concerned about McLean, Grove, Curtis, and River Avenues – they have concerns about their properties and their property’s rights – that’s why we deviated from the Master Plan, to fit this need that is not common in the rest of the community – asked if there was anything Governing Body can do to allay those concerns and to consider for next Council meeting.
Ordinance 2007-03 (Civil Union Certificate Fees) 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 2007-03 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Ordinance 2007-04 (Dog/Cat License Fees) 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 DiCicco and carried by the following roll call vote, Ordinance 2007-04 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia.YEA
Ordinance 2007-05 (Railroad Lot Parking Fees) 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 2007-05 was adopted on second reading.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon….YEA
Councilman DiCorcia….NAY
Mayor Vogel: with regard to resident parking/commuter parking pass plan, there is concern about spillover parking onto neighboring streets – residents have asked that, if any problems occur, signage be included to dissuade commuters from parking.
Ordinance 2007-09 (Water/Sewer Rates) was introduced on first reading.
Councilman DiCicco: after running budget numbers, determined 7.5% increase, across the board, was needed to insure utility remains self-liquidating – mass balance report of February 2006 shows 30% more waste water was treated than purchased from Brick – received couple of raises from Brick MUA and can no longer absorb increases.
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2007-09 was approved on first reading. The public hearing will be held on April 3, 2007.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Clerk Ellsworth added several items to Consent Resolution 2; Dave Cavagnaro, 118 Parkway, asked if item “f” was the last payment to Certified Valuations (no – 7% remaining in original account – also holding 10 % retainage).
Motion by Councilman DiCorcia, seconded by Councilman Corbally, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Waiver of municipal portion of raffle license fees for Ocean Fire Company #1
b) Authorize MAC Garage Sale on 5/05/07 – waive individual garage sale permits
c) Request & Authorization for records disposal in various departments
d) Progress payment #7 to Certified Valuations for work completed on reval ($44,503.60)
e) Payment to Schulman, Wiegmann from Bd of Adjustment escrow account ($250)
f) Raffles License Application for Pt Pleasant Lions Club on 9/16/07
g) Payment to Glock Inc. for gun repair ($216)
h) Raffles License Application for Cystic Fibrosis Foundation on 5/20/07
i) Support for prohibition of left turn from River Avenue onto Arnold Avenue
j) Payment to PFRS of annual employer contribution ($294,509.60)
k) Payment to PERS of annual employer contribution ($73,093.80)
l) Payments to Galvin Law Firm from Board of Adjustment accounts ($1665)
m) Purchase order to Ray’s Sport Shop for police equipment ($7856.31)
n) Approval of computer generated vouchers ($46,087.41)
o) Purchase order to Barlows for Beautification Committee flowers ($1715.18)
p) Authorization for Mayor to execute contract with CME for 2007 professional services
q) Raffles License Application for St. Peter PTA on 10/15/07
CONSENT RESOLUTION 2
a) Waiver of special event fee for PPB Little League Parade
b) Approve Clean Ocean Action ‘Spring Beach Sweeps’ on 4/28/07
c) Raffles License Application for Pt Pleasant Rotary on 6/26/07
d) Payments to Schoor Depalma from Planning Board escrow ($1015.77)
e) Banner Permit Applications (2) for the PPB Chamber of Commerce
f) Purchase order to Environmental Management Association for mold sampling/site assessment ($2990)
g) Payment to Four Points for air conditioning unit/heat pump ($3950)
h) Payment to Murphy’s Diesel Service for sanitation truck and engine repairs ($7509.13)
i) Authorization for Borough Attorney and Clerk to facilitate code update
j) Approval of St. Peter’s PTA Special Event Application to display car and sell raffle tickets on Boardwalk
k) Permission for St Peters School RE: Permission for 8th grade science class to stencil storm drains
l) Denial of curb cut request for 315 Laurel Court
m) Approval of Lions Club special event application for “Tube Race Parade” on 9/16/07 and Ocean County road use application
n) Approval of Lions Club special event application for “Seafood 5K Run” on 9/15/07 and Ocean County road use application – parking fee waiver request
o) Approval of Lions Club special event application for Tube Race & Craft Show on Boardwalk on 9/16/07
p) Approval of Lions Club special event application for Raffle Sales on Boardwalk, Thurs – Sun, May – September
q) Approval of Cystic Fibrosis special event application for “Great Strides Walk” on 5/20/07 – deny parking fee request waiver
r) Purchase order to General Highway Products for stanchions for emergency management signs ($2725)
s) Appointment of Sharon Brenner Cadalzo to the position of NPP coordinator
t) Purchase order to Pitney Bowes for digital postage meter ($5,937)
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Mayor Vogel: appointed Pat Knight to Beautification Committee; asked Attorney Starkey to review agreement on easement from Trent Homes – discussion on what municipality can do to allow beach access; some concerns with the sidewalk/driveway apron at Ocean and Vetrini Lane – asked to see if it requires repair and if it is town’s responsibility; March 30th is the Point Pleasant Beach Education Foundation Hall of Fame dinner – congratulated all inductees; reapplied for permit to do maintenance cutting of plants and trees along Lake of the Lilies and Lake Little Silver – application was already filed, just had to resubmit – notice, sent out to property owners, was part of application process and generated some questions; different questions were raised about different programs going on and some planning meetings taking place – town received grants – are having grant meetings with interested stakeholders – try to have as open a process as possible – try to meet with smaller groups – residents should feel free to attend; asked that Chief look into keg ordinance and see if it would be beneficial to law enforcement personnel in our community.
COMMITTEE REPORTS:
Councilman Mercun: met with Chief and residents regarding excessive speed on Borough streets – most of attendees were from New Jersey Avenue, although problem is Borough-wide – reviewed report prepared by Mr. Ney several years ago – need to determine the significance of problem before we can make a recommendation on how to address – several years ago, Chief put together a ‘Drive 25’ program which was never really pushed – will provide education, literature, and enforcement – will send speed awareness units out to patrol – one officer with a speed calibration device and another patrolman to issue warning to motorist, while reviewing education survey – survey reinforces 25 mph speed limit and keeps motorist sitting there while the form is filled out, thereby discouraging speeding of other motorists – meant to show the public that we are serious about promoting a safe speed limit – any public advice or guidance will be welcome –unit will not be limited to one location but will be everywhere; it is our responsibility to assure that certain standards of ethical conduct and financial disclosure requirements are met by Governing Body and employees – in fairness to public and employees, these standards must be clear, consistent, enforceable – are permitted to establish our own Local Ethics Board, which is relevant as we understand what the problems are in town – must establish by ordinance – Ethics Board must consist of 6 members, at least 2 of whom should be public members – recommend 4 members from the public – Governing Body appoints members – guidelines for membership is a consistent reputation for integrity and knowledge of local government affairs – no more than 3 members should be from the same political party – once Ethics Board is established, has 90 days to formulate a Code of Ethics for elected and non-elected officers and public employees – state has provided guidelines – one requirement will be a zero-tolerance policy towards gifts for those serving on the Board – Board will have power to receive, initiate and hear complaints, issue subpoenas for production of documents and the attendance of witnesses, forward criminal charges to the County Prosecutor and Attorney General, and render advisory opinions to local officers and employees, determining violations of Local Ethics Code – request that Ethics Committee be charged with responsibility of enacting a “Pay To Play” ordinance, consistent with state statute.
Motion by Councilman Mercun, to authorize Borough Attorney to draft proposed ordinance to establish Local Ethics Board (Mayor Vogel suggested also appointing an Ethics Liaison Officer), was seconded by Councilman Dixon and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Councilman Loughran: asked if funding is in place for reconstruction of Rosewood and Briarcliff Avenues (waiting for Point Pleasant to share project and costs) – Point Pleasant has money in their budget to do those streets; will call Lynn Aber with street lights that are out; after last Friday’s storm, have sand on Boardwalk in three areas (has been removed); commended Officer Andrew Gunning for work on COPS program and assisting Ocean County homeless – a life changing experience for some of the students involved – a letter of commendation would be appropriate; this Saturday night is Casino Night at Fire Company Number 2.
Councilman Corbally: DPW Director Meany has applied for County grant for 40 yard roll-off container – going to purchase a hazardous storage cabinet (County comes once a year to pick up hazardous waste); CME met with Administrator, Public Works, Ben Dispoto and Curt Leach to finalize what is needed to make recycling as efficient as possible – received letter back from CME with revised changes to improve Public Works facility – ready to go out to bid once CME prepares bid specs; purple juice, similar to grape juice, worked like charm on geese for a week – geese came back – not worth the cost of $80.00/container – still looking for something that will work on geese.
Councilman DiCicco: Finance Committee has been hammering out draft budget for last 2 months – will make it available for comment before public meeting on March 29th at 6:30 pm – will be a capital budget project meeting that same evening – will consider the capital needs of the Borough, really a three to five year plan; April 1st is deadline for filing tax appeals – been a flurry of activity on the commercial side – asked Borough Administrator to check how many have been filed and how it compares to state-wide figures in first year of revaluation – want to see where we fit on the curve; blessed to have very informed, involved citizenry – hope ideas will be viewed as ways to better community – not done behind closed doors or in secret – trying to make it as open and transparent a process as possible (Councilman Loughran: received phone calls from businesses on Broadway and Channel Drive area and some residents, concerning the meeting that took place a couple weeks ago – everyone can’t be part of it all in one shot – understands it is human nature for people who aren’t invited to a particular meeting to say there is something wrong – ran into same problem with skateboard park, before conceptual plans were even formed).
Councilman Dixon: last month, Building Department had over 150 construction permits – did 181 construction inspections and 45 fire inspections – issued summons for working without building permits on Hawthorne, Bay and Atlantic Avenues – brought in about $118,000 so far this year; received computer-generated printouts from the Police regarding complaints on construction of new townhouses at Baltimore and Broadway on Sundays – this is the second time they have been warned – complaints also received about construction at 215 Central Avenue; spoke with DPW Director Meany regarding pick-up after MAC garage sale – no problem to pick up, from participants only, on regular garbage day after MAC sale,.
Motion by Councilman Dixon, to allow those involved in MAC garage sale to have bulk items picked up on their first regular garbage day after event, was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Councilman DiCorcia: looks like speed humps are out of the question, per letter from Ocean County Engineer (only with their ownership) – suggested a radar sign for that area; asked for four-way stop sign at intersection of Bay and New Jersey Avenues (Mayor Vogel: was noted with County – will follow up); will meet with Councilman Loughran and Board of Education on April 19th – commendation letter for Officer Gunning would be appropriate – read articles, spoke to students – Officer Gunning was the spark that lit the fire for these students.
Administrator Riehl: regarding St. Mary’s request to have handicap spot changed from Sundays only to 24/7, Board of Adjustment did not have any stipulations; annual boat parade, in conjunction with Manasquan, set for August 28th this year – looking for committee members to help with all phases of event.
PUBLIC PARTICIPATION PERIOD OPENED AT 8:34 P.M.
Vince Castin, 15 Trenton Avenue: have been two orange and white street cones in Silver Lake for the last three months, along with large plastic garbage cans – the wood fence by Band Shell has collapsed and is partially in the lake – bench on Chicago Avenue is broken – extremely unsightly for visitors – lake is the first thing people see when coming into town – tourists seeing condition of lake are not adverse to throwing their garbage around the lake; on Ocean Avenue, north of Sand House, on the light stand, there is a guide wire loose which is looped onto sidewalk; asked for results from RFP on Lake Consultant (evaluating responses); purple stain on geese’s feet remains after they step in it – these geese are not accepted back into the flock and leave – should give more time to this idea to see the full effect on the geese.
Dave Cavagnaro, 118 Parkway: thanked Administrator Riehl and Public Works for removing debris from Beautification barrels around town; asked for web-site link for meeting announcements and council news to give the public an access point – will prevent phone calls requesting information (looking at potential newsletter; listed on the website under announcements); asked if NPP coordinator, announced this evening, was discussed in closed session (yes) – ask that it be announced which items added to the addenda came from closed session; asked if permanent residency is a requirement for sitting on Planning Board or Board of Adjustment (yes).
Max Gagnon, 304 Parkway: commended Councilman Dixon for getting on top of people working on weekends with or without permits; attended recent Planning Board session – disheartened with application passed for parking lot on Ocean Avenue – have ordinances in town that residents must live by – town should have to follow same ordinances – parking lots should be curbed and blacktopped – other gravel lot on corner of Parkway is a mess (Engineer advised that CAFRA, for environmental reasons, would rather have gravel than blacktop) – granted a dispensation for the parking lot and allowed for parking spaces of 9’x19’ instead of 10’x20’ in order to fit extra cars – shouldn’t deviate from ordinance unless hardship or special reason.
John Szafranski, 319 Yale Avenue: asked for results of tourism study (waiting for changes to come back – asked that Administrator reach out to firm); noticed that Seven Eleven and Nobles have Citibank ATM’s – asked who we approached about ATM’s on the Boardwalk – would like to look into the RFP’s concerning this; complained about boats stored in front of houses (Councilman Dixon will look into); Trinity Church signs going up all over town – holding sessions at the school – asked if signs are legal (will check) – asked if they are allowed to be hold these services in the school auditorium (Attorney Starkey – need to direct that question to Board of Education).
Vince Barrella, 116 Niblick Street: asked if 7.5% increase is for both water and sewer rates (yes); asked for clarification on Broadway plans, which have stirred up quite a hornets nest – saw professional drawings of Broadway one-way and Channel Drive one-way – had budget to draft plans – should first call together affected residents and businesses and discuss the project, then hire engineer and spend $17,000 for plans – when you spend $17,000 on plans, it sounds as though you are past the idea phase – asked which grant this project would fall under ($50,000 planning grant for Broadway corridor) – plans look as though the project would cost well over the amount of the grant; asked the nature of the changes that have to be made to the tourism report draft (methodology and clarification); asked that Councilman Mercun’s proposed ordinance ensure that Council members don’t indirectly benefit from projects or appointments.
Beth Gaelick, 210 Washington Avenue: water discharged from Sea Avenue pumping station onto beach at Maryland Avenue was tested in October 2005 – asked if water has been tested since (no) – at time of testing, bacteria levels were 4-5 times higher than the level that triggers mandatory beach closing – the results showed significantly high levels of lead and oil – biological oxygen demand test indicated water quality is
10-50 times greater than that of moderate water pollution – asked what percent of outfall water comes from Lake of Lilies before it is pumped onto Maryland Avenue beach and into the ocean (drainage area serviced by the pumping station is vast – portion of southern area of Point Pleasant Beach, as well as parts of Point Pleasant, and state highways) – at least 75% goes into lake first (Administrator will check with County Engineer and State); last September, gasoline leaked into Lake of the Lilies – asked if water testing was done since (water and sediment) asked if came back (yes); a 600% increase has been added to my property value with new assessment – should not have such a high increase, due to view of septic quality lake – concerned about number of children who got rashes last year and the amount of wildlife and vegetation subject to this pollution (Mayor Vogel: Ocean County Health Department has been made aware of concerns); Newark and St. Louis Avenue section of lake has been mowed – asked if Council authorized – Administrator said not done by town – area is completely neat and tidy and looks professional; asked what the vision is for Lake of the Lillies (Lake Consultant will help with vision – two step process – apply for the permit and determine what will be done next).
Jerome Landers, 820 Oak Terrace: apologize for not bringing up in time allotted for SF-2 Zone discussion, but question came up afterwards – would like to have clarified and challenge that the town is grandfathering four lots – two of those are ones that I’m challenging approvals for in Superior Court – town has tacitly assured those property owners that they will have the ability to have two lots regardless of whether I win on my first appeal – that SF-2 zone arose because of this application – what you have done by grandfathering these lots, is ensure the present owners they can have two lots, and I don’t feel it’s right – this is a reverse of selective or spot zoning – you have taken a little piece of the new zone and preserved a right to these owners so they can have two lots – Attorney Starkey represented the applicants that I am appealing and he is drafting the ordinance – purpose of this rezone is to preserve this neighborhood and you’re not doing that – lots not certain at this time because in the jurisdiction of the Superior Court.
PUBLIC PARTICIPATION PERIOD CLOSED AT 9:09 P.M.
The meeting was adjourned at 9:10 p.m.
