MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31 PM with Mayor Vogel and Council Members Mercun, Loughran, Corbally, DiCicco and Dixon present. Councilman DiCorcia was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Mayor Vogel: health and vitality of lakes are a prime issue of Governing Body.
John DiTuro, Aqua Dynamic Solutions, marine biologist specializing in marine pollution: only way to solve ocean pollution is to go to the source – fish kills all over planet due to excess nutrients entering ponds and streams – almost 60% of oxygen generated on planet comes from the first 200 feet of ocean – when you kill algae, you reduce oxygen generated – dead zones caused by discharge of untreated waste water and overuse of artificial fertilizers leading to loss of top soil and soil erosion – solution must be environmentally friendly, biodegradable, and sustainable – suggested using firm’s pond clarifier pucks for lake problems – different particles go to sediment, some to the center, and some to the surface of the water – these non-toxic particles spread out over surface, inhibiting growth of certain algae – slight increase in oxygen will inhibit growth of certain bacteria – large, invasive algae are in the lake due to nutrient load – need to replace them with indigenous species that look nice and take up nutrients in a proper way – product prevents production of the algae that looks similar to slime – these tablets simply get thrown into the lake and immediately start to dissolve.
Dr. DiTuro, John’s brother: use 4-5 pounds of product per acre of lake – over a 3-5 day span, product sinks to bottom and removes algae and releases oxygen – Public Works can just throw the tablet in the lake, nothing more to it.
John Dituro: would need exact lake measurement (Administrator Riehl will provide) to estimate how much product is needed and what the final cost would be – fairly inexpensive compared to other remediation techniques – worked with Monmouth Park, Monroe Township and the lakes at Forsgate – tablet has an anaerobic effect – should see a benefit within a week.
Department Head memos and correspondence were discussed with items moved to agenda for action; Councilman DiCicco: should add, to Adopt a Spot regulations, that applications will be referred to Public Works and Beautification (Attorney Starkey: other towns have allowed small signs stating who adopted the spot, thus encouraging them to maintain it; will add); Administrator Riehl: fire hydrant move would cost about $595 (Councilman Mercun: would like someone from fire company to look at both sites; Mayor Vogel: as there is no benefit to the town, should not pick up cost; Councilman Loughran: would like it moved west instead of east, so as not to lose a parking space).
Motion by Councilman Corbally, to enter closed session to discuss possible litigation (2), personnel (2) and contractual (1) matters, was seconded by Councilman Loughran and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon.…YEA
Closed session started at 7:15 P.M. and ended at 7:28 P.M.
Mayor Vogel called the regular meeting to order at 7:33 P.M. Present were Council Members Mercun, Loughran, Corbally, DiCicco and Dixon. Councilman DiCorcia was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman Corbally, to approve minutes of the April 3, 2007 and April 17, 2007 Council meetings, was seconded by Councilman Mercun and carried by the following roll call vote.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon.…YEA
Mayor Vogel recognized large contingent in attendance regarding a Board of Education matter.
Attorney Starkey: when Board of Education budget is defeated, Board is obliged to deliver budget to Borough Council – Council must review it and determine whether to reduce it and by how much; part of process is for Council sub-committee to meet with Board committee – Council will present recommendations at a public hearing on May 15th – there are several things Council can and cannot address – can address amount to be raised, but not personnel matters – that is within the purview of the Board.
Former Mayor Pasola, 212 Curtis Avenue: at last Board of Education meeting, Antrim school principal, Tom O’Hara, was not rehired – has caused a tremendous outcry from students, parent, residents – Tom is a great leader and, most importantly, a product of our town and school system – realize that Board of Education and Town Council are two separate entities and not trying to bring Council into the middle of this – asked Council to put children first, as they have in the past, during review of school budget.
Dana Nevil, 622 Atlantic Avenue: moved to this town three years ago because of the great school system – while we realize Council cannot reverse the Board’s decision, it’s important you understand how we feel; have a petition with over 500 signatures asking that Mr. O’Hara be reinstated as principal – a lot of signatures, considering that just over 500 people voted in the last School Board election and there are only 350 families in Antrim school; need a leader with courage, character, and integrity and Tom has them – would like Board of Education to display these same qualities and reconsider.
Mike Shaller, 404 Woodland Road: thanked Council for listening – concerned that budget failure, coupled with non rehire of O’Hara and other issues, creates the appearance of a school district that is not in sync or operating as functionally as parents would hope – do not believe decision was based on fact that Tom O’Hara was defective in his duties – parents are concerned that shared services and collapsing of responsibilities, is adversely affecting the school system’s educational standards – during interaction with the Board, keep in mind our concerns; continuing collapse of responsibilities can result in people being less effective in primary roles – Antrim needs a visible, steady, non-distracted, and effective leader to act as principal, like Mr. O’Hara.
Janet Callipos, 314 Curtis Avenue: asking you to make sure there is a principal line item in budget – want Board to know how important Mr. O’Hara is to us; children’s test results have increased – raised $75,000 just this year to fund things that were not in the school budget – put together a playground, sent children on trips, purchased new televisions – asking Council to spread the word to keep our principal.
Mayor Vogel: thanked all for coming out to express their sentiments – will act as your voice in meetings with the Board.
Mayor Vogel opened hearing on the 2007 Municipal Budget.
John Swisher, from Borough’s Auditing firm: will not adopt budget tonight due to amendment – will have public hearing and introduce budget amendment – next meeting will have hearing and vote on amendment, and then vote to adopt budget – budget reflects a $66,000 raise in taxes, which would be an approximate $33 increase on average single family home assessment – amendment will have no effect on tax rate.
Vincent Barrella, 116 Niblick Street: anticipated revenue and tax to be levied are predicated on assessed valuation from revaluation – many assessments are being appealed – asked how this will effect the budget and if it was being addressed in the budget.
Auditor Swisher: appeals may not be heard until late in year and not adjudicated until next year – no money put aside on balance sheet – would have net effect of reducing surplus; it’s not unusual to have this many appeals in revaluation year.
Mr. Barrella: asked if we should be allocating more to legal and accounting fees in connection with the defense of these appeals.
Administrator/CFO Riehl: have remainder, between $375,000 bonded for revaluation and the actual cost of $314,000, to put towards legal fees.
Ed Sirchio, 722 McLean Avenue: asked if tourism/taxation report has been generated yet (two separate matters).
Frank Carey, 806 Briarcliff Avenue: asked what tax those appealing would pay (pay the new assessment).
Public hearing on 2007 Municipal Budget was closed. Budget vote is scheduled for May 15, 2007.
Motion by Councilman Corbally, seconded by Councilman DiCicco and carried by the following roll call vote, the 2007 budget amendment was approved on first reading. Public hearing will be on May 15, 2007.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon….YEA
Ordinance 2007-13 (Establish Local Ethics Board) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2007-13 was approved on first reading. Councilman Mercun asked that public hearing be scheduled for June 19, 2007 to allow time for input/changes from the State Department of Community Affairs.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon….YEA
Councilman DiCicco: Mr. Barrella brought up a good point during last meeting – discussed with Open Space Committee and they would like more time.
Motion by Councilman DiCicco, to table Ordinance 2007-14 (Open Space Tax Rate Change), was seconded by Councilman Corbally and carried by the following roll call vote.
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon….YEA
Ordinance 2007-15 (Railroad Lot Parking Fees and Times) was introduced on first reading. Motion by Councilman Loughran, seconded by Councilman Mercun and carried by the following roll call vote, Ordinance 2007-15 was approved on first reading. The public hearing will be May 15, 2007.
Municipal Clerk Ellsworth added several items to Consent Resolution 2; Councilman Mercun: discussed four-way stop sign with Chief DePolo and asked that Council prepare a traffic study, to submit to DOT, to determine whether stop signs should become permanent; Councilman DiCicco: proposed that Councilman Corbally be added to item ‘f’ below as Council liaison to NPP Planning Committee.
Motion by Councilman DiCicco, seconded by Councilman Mercun, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Memorialize approval of CME fee estimate for professional services for Newark Avenue project
b) Memorialize Birdsall Engineering fee estimate for professional services for decommissioning of wells
c) Approval of Payroll #9 ($214,477.26)
d) Payments to Galvin Law Firm from Board of Adjustment accounts ($2299.19)
e) Establish 4-way stop signs at various streets intersecting Boston Avenue
f) Establish Neighborhood Preservation Program (NPP) Planning Committee
g) Payment to Ronan Agency for group accident policies ($7767.86)
h) Payment to Metric Parking ($9280)
i) Revision of 03/06 minutes – “v) Appointment ….. to the part-time position…..”
j) Payments to Schoor Depalma from escrow accts ($4821)
k) Payment to Horizon BCBS for employee health benefits ($162,807.68)
l) Payment to Information Station for 2 flashing ‘alert’ signs ($2685)
m) Payment to Ocean County JIF for insurance ($206,436.37)
n) P O to USA Bluebook for water meters ($17,858)
o) Support passage of Coastal and Estuarine Land Protection Act
p) Payment to Four Points for a/c unit in server room ($3045)
q) Payment to Industrial Appraisal for fixed-asset appraisal services ($3204)
r) Raffles License application for Elks Lodge #1698 on 7/21/07
s) Payment to Bio-Key International for MDC System maintenance ($5713.20)
t) Approval of computer generated vouchers ($508,333.91)
u) Approval and authorization to prepare non-union personnel salary ordinance
v) Borough personnel salary increases (4)
w) Authorization for T&M to apply for 2007 Smart Future Grant
x) Award of contract to Metric Group for multi-space parking terminals ($77,684)
CONSENT RESOLUTION 2:
a) Memorialize authorization to rebid water-spheroid rehab project
b) Raffles License Application for Lions Club on 5/20/07
c) Payment to Party City for supplies for MAC Garage Sale ($39.99)
d) Appointment of Howard Carpenter to the position of part-time Tax Assessor
e) Approval of ‘Adopt a Spot’ program regulations
f) Approval of CME fee estimate for professional services for Sanborn Avenue project
g) Approval of 3 month trial contract with United Computer for support services ($3340)
h) Approval of amendment to Memorial Bench Program regulations
i) Authorization to advertise position of plumbing sub-code officer
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon….YEA
Mayor Vogel: received $5,722.35 check from Ocean County for recycling – not only does recycling reduce costs, it increases revenues; Governing Body received Brielle ordinance which covers storage pods and boats – should look into this; members still needed for Environmental and Shade Tree Committees – contact him, if interested.
Councilman Mercun: Operation Erase started two days ago – police have stopped over 100 vehicles – 100 surveys completed and 30 summons issued – people cooperating with completing surveys; asked Attorney Starkey to contact counsel involved with Sea Coast building to move along effecting of title – received $57,000 grant from DEP and, once we receive title, we can move the Office of Emergency Management into that site.
Councilman Loughran: 145 resident parking permits sold to-date; signage at Inlet complete for new parking system; April meter revenue was $40,333; Ocean Pointe Hotel on Ocean Avenue was finally torn town; tourism study done and in – will be available tomorrow.
Councilman Corbally: showed sample curb stop and asked for authorization to order 99 more – one person can easily lift and install.
Motion by Councilman Corbally to authorize Administrator Riehl to order 99 additional curb stops, was seconded by Councilman DiCicco, and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco, Dixon….YEA
Councilman Corbally: for 2 ½ years, been studying redevelopment, including Broadway corridor rehabilitation – recent flurry of activity to improve area – improvements to Wharfside and sprucing up of motels, new condos and opening of “Tardi’s” (Master Plan Review Committee proposed that north side of Broadway, which will be located in MC-2 Zone, be comprised of mixed uses of commercial, residential, and offices – multi-family, townhouses, and condominiums will be permitted and limited to one and two-bedroom units – single-family houses will not be permitted, recently, T&M advised that the redevelopment of the north side of Broadway should be undertaken on a block-by-block basis, with each block considered separately from a planning and zoning perspective, but with an integrated and themed concept) based on theme and concept set forth by the Master Plan Review report,a block-by-block review, multi-family residential housing, at the right density and limited to one- and two-family housing, is an appropriate use for Harbor Lights Motel property – will enhance the area, add value to surrounding properties and further the redevelopment and beautification of the Broadway Corridor – zoning ordinance does not permit residential use on the north side of Broadway – Borough Planner has done a complete analysis of this area and Council can adopt ordinances based on that.
Motion by Councilman Corbally to authorize Borough Planner and Attorney to draft proposed ordinance, amending zoning to include development of one and two-bedroom condominium/townhouses at Harbor Lights property, at a density authorized by Borough Planner, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Council Members Mercun, Loughran, Corbally, DiCicco*, Dixon….YEA
*Councilman DiCicco: motion appropriate – Harbor lights use inappropriate there, this would be the right use for the right spot; Mayor Vogel: asked that some design standards and density issues be addressed; Councilman Corbally: having a nautical look is important; Councilman Mercun: like idea of a block-by-block approach – we need consistency in development in this area – like the idea of owners being residents.
Councilman DiCicco: a lot of town projects are integrated – Borden’s parking lot plans came before Environmental Commission – lot will be more aesthetically pleasing with over 21 trees and the loss of only 6 spaces; Environmental Commission will sponsor town clean-up either May 12th or 19th; Recycling Task Force has advised that more recycling receptacles are needed in town; Shade Tree Committee has ideas on how to beautify the town and promote tree planting – will tackle tree ordinance; Open Space Committee will have public hearing on open space acquisition at beginning of May 15th Council meeting; met with CRS Coordinator Gardner – set June 15th date to send what’s needed to FEMA for flood hazard areas – ISO will continue to provide feedback on what we propose – will meet Friday with CRS Coordinator Gardner and Engineer Little, who is preparing Borough’s flood plain management plan; Finance Committee will meet with School Board tomorrow to begin reviewing the defeated budget.
Councilman Dixon: commended police for work on Project Erase – received several phone calls from residents in support of the program; MAC garage sale is this Saturday, May 5th; sign ordinance needs to be addressed because it isn’t being followed or enforced – should only have 25% of store front windows covered with signs – meeting needs to be scheduled with town business owners regarding their signage.
Administrator Riehl: received quotes regarding Lake of Lillies water testing – Henderson Labs will be sampling later this week; Newark Avenue project is underway; Tourism report will be available in Clerk’s office; property on the corner of Michelle and Ocean has settled litigation and updated their permits – work is currently in progress.
PUBLIC PARTICIPATION PERIOD OPENED AT 8:25 P.M.
Joe Lemma, 203 St. Louis Avenue: lights are needed in train lot – center lights all out – boxes are too short (Councilman Loughran: bill receptor is very low on machines in Silver Lake lot); parking meters should be included on Cook’s Lane (they will be).
Vince Castin, 15 Trenton Avenue: Broadway condos are a great idea; need to clean-up Little Silver Lake – east end is heavily littered and an eyesore (tremendous amount of trash caught in phragmites – needs to be cleaned with waders or by boat; maybe First Aid Dive Team can help).
Vince Barrella, 116 Niblick Street: thanked Governing Body for pulling Open Space ordinance; asked to have tourism report posted on-line; Master Plan Review Committee worked on master plan revision (went to Planner to prepare report) taking pieces of Master Plan Committee’s work and implementing zones – condos are good use in that space – Board of Adjustment considered this and denied that application – changing zone to overrule the Board of Adjustment’s decision (Mayor Vogel: their ruling was not to overrule Governing Body’s intention) asked why this was being done on a property-by-property basis – Planning Board and Board of Adjustment are struggling with lack of direction and guidance from Governing Body.
Elaine Hennessy, 619 New Jersey Avenue: thanked Councilman Mercun and Police for work against speeding on New Jersey Avenue; asked that plastic garbage cans on wheels be removed from downtown, and appropriate metal ones purchased (included in next phase of downtown revitalization); 70% of bagel shop window on Arnold Avenue and Route 35 South is covered in signs, awning etc; met with Dr. Ravally about high school – front stairway needs to be redone – flagpole is rusted and needs replacement.
Patty McAndrew, Broadway: asked about property acquisitions for town use (Open Space Committee is charged with putting together an inventory of properties they see as beneficial, potential acquisitions – will discuss at May 15th Council meeting); regarding block-by-block zoning, baby steps are better than none; what should residents do if Tardi’s patrons park in residential streets? (call police if cars blocking driveways).
Barbara Dervan, 320 Broadway: residents want to see trouble-making hotels go – police are constantly called to them – welcome condominiums – will be less strain on our resources and bring in more tax dollars – transients rent rooms at Harbor Lights Motel and cause me to feel unsafe outside my home – Surfside and Broadway Court don’t rent to transients and are great hotels – we need more hotels like this.
Kathleen McGuiness, St. Louis Avenue: the constant police presence at Harbor Lights is frightening to me as a single parent – last night I came home and saw many police cars – it was nerve wracking – after 45 minutes, they were still there.
Ed Sirchio, 722 McLean Avenue: can give information on Clean Ocean Action and Save Barnegat Bay to clean lake; thanked Administrator Riehl for checking out Michelle Lane and Ocean Avenue; was not expecting a crowd here today – this is the only venue where citizens can voice opinions – only thing we can vote on is school budget – lost over 3,400 troops in Iraq and people don’t pay attention anymore – these young people came to fight for their principal and don’t know they should be at the Board of Education meeting – very few vote for Board members, with some running unopposed – abstentions should be looked at by Ethics Committee – several of us here every week – give them credit – live in society that expects rather than respects – schools should teach how important government meetings are.
PUBLIC PARTICIPATION PERIOD CLOSED AT 8:50 P.M.
The meeting was adjourned at 8:51 p.m.
Borough of Point Pleasant Beach 

