MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:30 PM with Mayor Vogel and Councilmen Loughran, Corbally, DiCicco, Dixon and DiCorcia present. Councilman Mercun was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Dr. John Ravally, Point Pleasant Beach Superintendent of Schools: met with Finance Committee – will place new half-time staff position on hold and defer some High School maintenance and equipment purchases to cut $101,000 from defeated school budget.
Councilman DiCicco: philosophy was to keep proposed cuts as far away from the classroom as possible – examined budget line by line – found interesting cost savings in insurance and telephone – no increases in operating expenses, no new staff positions, no additional teachers – Finance Committee pleased with cuts and Board of Education will endorse them.
Ben Dispoto, 311 Parkway: asked about $250,000.00 surplus from last budget that was used to lower rate in this budget.
Dr. Savage: state mandates that surplus cannot be greater than 2% – primary reason for increase was the $100,000 interest earned on bond monies for elementary school renovations.
Mr. Dispoto: outside students pay $6,722 tuition per year, taxpayers pay roughly $11,000 per student in school taxes (without these children, would have same budget, but $280,000 less income) school administrators pay no tuition for their children, living outside the district, and teachers pay half tuition (collective bargaining point with teachers) seems unfair to both teachers and taxpayers as this is tuition money that could be coming in.
Unanimous decision to move to agenda for action.
Councilman DiCicco: Governing Body is required to conduct hearing to avail itself of Green Acres program, which assists public entities in open space acquisition – funding from the Garden State Preservation Trust, supplemented by the Federal Government, enables municipalities to apply for matching Green Acres grants – meeting’s purpose is for Open Space Committee to talk about properties it designated for inclusion in Green Acres Planning Incentive application.
Sal Pepe: recreation and open space inventory (ROSI) already approved by Planning Board and Green Acres – once planning incentive approved, can apply for matching funds and add properties – prioritized properties to start with: (1) Risden’s (2) 29 Inlet Drive (3) 419 Trenton Avenue – come to about $41M – Risden’s needs improvements in order to enjoy open space – hoping they will be included in the cost.
Max Gagnon, 304 Parkway: two schools should never have been on the ROSI –have been owned by Board of Education forever – puts our ROSI deficit at a higher rate and puts us in a better position, as far as the State goes, for getting funds; asked to have Open Space information mailed in tax bills to show residents what the Committee is working on (if Open Space can get information approved on time, they can have it included; Councilman DiCicco: need to add application approval to agenda, in resolution form, with dollar amounts for project costs – $20 million is the estimated cost for all three properties – seeking matching grants of $10 million).
Unanimous decision to add to agenda.
Department Head memos and correspondence were discussed with many matters moved to agenda for action; added $350,000 for Baltimore drainage, $165,000 for drainage improvements to Central and Parkway, and $180,000 for roadway improvements to Niblick and New York to list of items for bond ordinance – have $100,000 for Inlet and railroad lots under engineering for parking lot improvements; held 203 Philadelphia Avenue driveway request for sketch of driveway location and where car will be parked; creation of FEMA Committee was added to agenda.
Motion by Councilman DiCorcia to enter closed session to discuss possible litigation (2), personnel (1), and contractual matters (1), was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Council Members Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA
Closed session started at 7:11 P.M. and ended at 7:36 P.M.
Mayor Vogel called the regular meeting to order at 7:39 P.M. Present were Council Members Loughran, Corbally, DiCicco, Dixon and DiCorcia. Councilman Mercun was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Mayor Vogel: expressed gratitude to the police force and congratulated those who participated in the bicycle run to Washington, which raised money for fallen officers.
Sandra Pasola, Beautification Committee Co-Chairperson, presented beautification awards to: Surfside Motel, which has enhanced the Broadway strip coming into town; the owners of the General Store for window displays on Bay Avenue; and the Antique Emporium for enhancement of corner, pride of building, and displays.
CFO Riehl explained that the 2007 Budget Amendment covered increase in debt service – using bond anticipation notes, which will mature August 1st, to go along with permanent financing. 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, 2007 Budget Amendment was adopted on second reading.
VOTE: Council Members Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, 2007 Municipal Budget was adopted.
VOTE: Council Members Loughran*, Corbally**, DiCicco***, Dixon, DiCorcia….YEA
*Councilman Loughran: thanked Councilmen Corbally and DiCicco, Christine Riehl and Kathy Beno for their hard work – a solid budget and good blueprint for 2007 – seem to be on solid financial footing.
**Councilman Corbally: thanked Councilman DiCicco, Christine Riehl, Kathy Beno, and Councilman Loughran for their input.
***Councilman DiCicco: thanks to department heads, 0% increase in operating expenses – wouldn’t have been possible without hard work of Bob Meany, Christine Riehl, Maryann Ellsworth, Michelle Sargent, Mike Gardner, Chief DePolo and Jim Broyles.
Ordinance 2007-11 (Sanitary Sewer Upgrade Bond) was considered on second reading.
Vince Barrella, 116 Niblick Street: thanked Council for finally moving forward; asked what work has been done since water-sewer rate structure was adopted in December 2004 (manholes changed; planning and engineers doing work – restricted with EIT funding as to when we can go out to bid).
Motion by Councilman Corbally, seconded by Councilman DiCicco and carried by the following roll call vote, Ordinance 2007-11 was adopted on second reading.
VOTE: Council Members Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA
Ordinance 2007-12 (Re-appropriation Bond for Water Utility Improvements)
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 2007-12 was adopted on second reading.
VOTE: Council Members Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA
Ordinance 2007-15 (Railroad Lot Parking Fees and Times) 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 2007-15 was adopted on second reading.
VOTE: Council Members Loughran, Corbally, DiCicco, Dixon….YEA
Councilman DiCorcia….NAY
Ordinance 2007-16 (Non-Union Personnel Salaries) was introduced on first reading. Motion by Councilman DiCicco, seconded by Councilman Dixon and carried by the following roll call vote, Ordinance 2007-16 was approved on first reading. The public hearing will be held on June 19, 2007.
VOTE: Council Members Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, to approve minutes of the May 1, 2007 Council meeting.
VOTE: Council Members Loughran, Corbally, DiCicco, Dixon…YEA
Councilman DiCorcia….Abstain
Councilman Corbally: explained that Proposed Ordinance 2007-D (Expansion of MC-2 Overlay Zone) is a follow up to zoning changes made in November 2005 to the Childer’s property at the corner of Broadway, Baltimore, and Channel Drive – extending zone west to include several properties, including Harbor Lights – will encompass area between Broadway and Channel Drive – must have minimum area of 25,000 square feet and must front three streets: Broadway, Channel and Chicago or Baltimore.
Tom D’Amore, 307 Broadway: lives directly next to Harbor Lights – asked if he, with the rezoning, can build a two-family home on his property (no) – oppose.
Vincent Barrella, 116 Niblick Street: asked Attorney Starkey what an overlay zone is (zone that is laid on top of, and puts additional restrictions or allowances in, an existing zone) would cover Harbor Lights and Atlantic Motel, but not property next to Atlantic Motel – Dive Shop would border on streets, with no space for townhouses – with new zone, Atlantic Motel would be eligible to build townhouses.
Mrs. McAndrew, 322 Broadway: asked why Mr. D’Amore can’t build a two-family home on his property (general trend is to disallow multi-family homes).
Mr. D’Amore: zoned marine commercial – asked if he could open a lobster pot repair shop (Attorney Starkey provided list of uses in marine commercial zone).
Barbara Dervan, 320 Broadway: support the change of Harbor Lights to townhouses – rooms there are rented 37 to 42 weeks per year to transients – thanked Council for addressing problem.
Donna Palsi, 318 Broadway: have seen people who rent at Harbor Lights dig through Tardi’s dumpsters – Meghan’s Law offenders, drug traffickers, and prostitutes are staying at Harbor Lights – as a mom, would like something built there that would benefit the community, and not drain police, fire, and first aid services.
Kathleen McGuiness, 97 St. Louis Avenue: this will supply the town with a sense of growth and community.
Charlie Dervan, 320 Broadway: would like to go on record in support of putting townhouses in this space.
Ray Cervino, 206 Seymour Avenue: don’t think there’s a person here who doesn’t want Harbor Lights improved – asked why it took so long to address the problem.
Jim Wolfersburger, 157 Chicago Avenue: asked how long Council has been working on Master Plan review (completed January 2006 – with Planning Board since) appears to be spot zoning – have to question density, because there is a requirement of 250 sq. ft. per unit for recreational space – not opposed to addressing, but asked why it took six years – need to get moving on Master Plan, so we don’t have to selectively pick items to address.
Councilman DiCicco: Master Plan Review Committee Report specifies that multi-family townhouses and condominiums will be permitted, as will as mixed-uses, such as commercial, residential and offices, hotels and motels – no new single family residential uses will be allowed; area to be rezoned covers properties from Childer’s, west to Harbor Lights.
Mayor Vogel: we are a Jersey Shore resort community and hotels/motels are important – losing some commercial establishments would be a detriment – important that we move carefully and cautiously; would like to see design standards in town, such as cedar shakes and real brick – with other properties, we have limited curb cuts and put garages in the rear to encourage a more walkable community, with wider sidewalks.
Vince Castin, 15 Trenton Avenue: asked if Harbor Lights’ license could have been pulled to force it to close (no); you say you will put townhouses in certain areas, asked what will go in the voids between (not changing existing permitted uses; ordinance allows, primarily, for commercial and mixed-uses, commercial on the ground floor, residential on the second).
Kathleen McGuiness, 97 St. Louis Avenue: need clarification on this rezoning – asked if this ordinance and Master Plan are 2 different issues (yes).
Joe Lemma, 203 St. Louis Avenue: have a problem tearing down homes and putting in parking lots – that addresses aesthetics too – parking lots are eyesores (public hearing on this ordinance only – should bring that issue up during public participation).
Ed Sirchio, 722 McLean Avenue: town has really changed – townhouses and apartments going up, businesses taken down – town has lost its family feel – don’t forget about the marine feel of the neighborhood.
Vince Barrella, 116 Niblick Street: Master Plan Review is analogous to a proposed regulation, something with no force and effect until it becomes adopted; no guarantee that the Planning Board will agree that townhouse use is in best interest of this area – you are implementing what has not been vetted by the planner and the public; you’re making a multi-millionaire of the Harbor Lights owner instead of fixing the problem.
Barbara Dervan, 320 Broadway: those in favor live in the area and experience the problems everyday – have to alarm my home – feel unsafe with Harbor Lights’ residents.
Motion by Councilman Corbally, seconded by Councilman DiCicco and carried by the following roll call vote, to move proposed ordinance to next agenda for first reading:
VOTE: Council Members Loughran*, Corbally, DiCicco**, Dixon***, DiCorcia****…YEA
*Councilman Loughran: have questions and concerns – from tax perspective, will be better off with townhouses – owner is probably not a bad man, just runs a bad business.
**Councilman DiCicco: sound planning for land use – can’t wait for passage of Master Plan, which is only a guide – must pass what is good for the health, safety and welfare of the residents – will further the revitalization and renaissance of Broadway.
***Councilman Dixon: agreed, but asked what took so long.
****Councilman DiCorcia: the safety and welfare of our people is always first and foremost – this is not spot zoning.
Mayor Vogel: Broadway/Channel Drive redevelopment is an ongoing process and this will only enhance the community and make the area shine.
Clerk Ellsworth made corrections and added items to consent resolutions.
Motion by Councilman DiCicco, seconded by Councilman Corbally, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Authorization to apply for 2007 Smart Future Planning Grant
b) Raffles License Application for PPB Little League on 6/9/07
c) Raffles License Application for St Peter Church on 10/07/07
d) Approval of Payroll #10 ($227,479.33)
e) Payment to Chamber of Commerce for 2006 & 2007 holiday decorations ($5000)
f) Payment to the Atlantic Club, from DEDR, grant for Project Graduation ($3,000)
g) Raffles License Application for 200 Club on 8/23/07
h) Payments to Brick Utilities for February and March bulk water usage ($114,276.16)
i) Payment of 2nd quarter installment to OCUA ($290,235)
j) Appointment of seasonal part-time communications operator
k) Refund dumpster bond ($250)
l) Payment to Environmental Mgt. Assoc for mold sampling site assessment ($2990)
m) Payment to Institute for Tourism & Recreation Mgt for tourism study ($4,000)
n) Payment to United Computer for 3-month trial service contract ($2340)
o) Salary adjustment for James Broyles for passage of course leading to certification
p) Payment of 1st installment to PPB Parking Authority ($36,666.67)
q) Performance Bond Reduction for Gelson/Bravo minor subdivision
r) Performance Bond Reduction for Masucci minor subdivision
s) Authorize salary increase for Municipal Court Magistrate
t) Authorization for Aquatecture Associates to re-bid alterations to Borough Hall
u) Payment of computer generated vouchers ($503,358.94)
v) Authorization for CFO and Bond Counsel to draft Bond ordinance
w) P O to United Computer for computer upgrades ($2,367)
CONSENT RESOLUTION 2:
a) Payment of Recreation donation to PPB HS Project Graduation ($2500)
b) Payments to the Galvin Law Firm from Board of Adjustment accts ($1940)
c) Salary Adjustment for passage of course leading to certification
d) Refund balance of Board of Adjustment escrow account
e) Payment to Schulman, Wiegmann from Board of Adjustment escrow acct ($225)
f) Opposition to A-387-/S-457 “Time of Decision” Rule
g) Opposition to A-3860 curtailing Municipal Zoning Authority
h) Establish FEMA Review Committee
i) Purchase Order for storage trailer for police department
j) Approval of St Mary’s special event application to sell raffle tickets on the Boardwalk – deny fee waiver
k) Approval of amendments to School Budget cutting $101,000 in expenses
l) Authorization to apply for Green Acres Open Space Grant
VOTE: Council Members Loughran, Corbally*, DiCicco, Dixon, DiCorcia….YEA
*Councilman Corbally: congratulated Jim Broyles on passing the management training class – he did a great job.
Mayor Vogel: next Wednesday, Chamber of Commerce is hosting event at the Lobster Shanty to meet Governing Body representatives; Memorial Day bike parade May 26th, 10AM – VFW ceremony at band shell after; asked Administrator Riehl to follow-up with Aqua Dynamics on lake, on status of funds for handicap-accessible walkway at Inlet and with DOT about pothole at Route 35 South and Broadway; thanked Administrator Riehl for making sure public restrooms were open at Pleasure Park; appointed Ed Sirchio to Shade Tree Committee and Environmental Commission.
COMMITTEE REPORTS:
Councilman Loughran: replaced utility poles on Atlantic Avenue, but old poles still there with some old utilities on them – last utility that moves wires is responsible for pole removal – will be done by end of June; May 2006 parking meter revenue was $78,376 – this year we are at $86,840; thanked DPW for cleaning a portion of Little Silver Lake.
Councilman Corbally: lines need to be painted, boxes installed, lights repaired and spots numbered at train station before July 1st – large sign made by DPW will be up by June 1st to explain upcoming changes – asked to use police sign to notify public that change’s coming – will spend time there and meet with commuters concerning change.
Councilman DiCicco: troubling situation developing with Beacon Hall project – per NJ condo conversion law, seniors and disabled can’t be evicted or forced to purchase a unit for 40 years – owner is trying to do, by back door, what he can’t through the front – 20% rent increases last year and again this year – real problem for those on fixed incomes – have an obligation to take care of senior and disabled residents and will do what we can to make sure they’re protected – Attorney Starkey wrote to Public Advocate; regarding outfall pipe, County’s been studying “Smart Sponge” – will not work, due to lack of space and large flow rate – per Abtech Technologies, individual filtering cube may work – asked Engineer to get specs – don’t want contaminants spewing onto beach this summer; Shade Tree Committee will be prolific – charged with forming ideas and making recommendations to Council – several trees cut down at Foodtown without permit – have offered to replace them with more than they cut.
Motion by Councilman DiCicco that any time the Borough needs to remove a tree, they have Shade Tree Committee review matter, was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Council Members Loughran, Corbally, DiCicco*, Dixon, DiCorcia….YEA
*Councilman DiCicco: want Shade Tree Commission to have a roll in cutting down of trees between curb and sidewalk.
Mayor Vogel: Building Department asked for clarification on tree cutting as well.
Councilman DiCicco: new tax assessor, Howard Carpenter, making $7,000 less than Carey Rowe – we try to cut costs when hiring new employees – plumbing sub-code officer resigned and will be replaced – until then, County will do the inspections.
Councilman Dixon: MAC sale went over well – thanked DPW for cleaning up afterwards; will start checking on news and flyer racks popping up in town – violators will be tagged and removed; condos at Broadway and Baltimore are leaving extension ladders up overnight – asked to take down; going to set-up June 13th to sit with Chamber and business owners about signs and clean-up in front of their buildings.
Councilman DiCorcia: asked to check building code – alleyway filled with debris across from Valentine house (tearing building down); met with Board of Education on April 19th – asked to put up a nice “Garnet Gull” when painting the water tower – High School flag pole needs repainting and grounds need constant clean-up; after 12 years of fighting, County will reduce speed limit from 35 to 30 mph on Arnold Avenue; 4-way stop sign needed at Bay and New Jersey Avenues – asked Chief DePolo to look into.
Mayor Vogel: asked Council to consider reducing speed on Broadway; asked Chief to continue with bike safety.
Administrator Riehl: provided Aqua Dynamics with requested information; noticed Vetrini Lane property owners – work to start May 16th; tax assessor to have hours this Saturday, 9AM-12PM; Building Department looking into Richard Avenue complaints.
PUBLIC PARTICIPATION PERIOD OPENED AT 8:55 P.M.
Ed Sirchio, 722 McLean Avenue: asked about checking into Green and Blue Acres funding to replace motel; asked if train station could become police sub-station; live in quiet section – sounds like construction zone as early as 6:30 am – out of town workers are not registered – asked if businesses must file for mercantile licenses (yes) –people doing services in homes and they’re not licensed, bonded or insured; asked that Borough pass ordinance to license contractors in town (Attorney Starkey will look into).
Dave Cavagnaro, 118 Parkway: thanked Council for bond ordinance to improve flooding problems on Baltimore and Niblick, Parkway and Central, thanked DPW for help with flags and dropping off mulch for Beautification Committee; thanked Mayor for bike safety comment – need to keep bikes off sidewalks; asked if tourism report was reviewed (public hearing will be held to explain findings) – offended that people who own second homes in town are considered tourists and their taxes viewed as tourism revenue.
Vince Castin, 15 Trenton Avenue: thanked Council for removal of debris in lake; 100 Forman Avenue is operating as a ‘Bed and Breakfast’ – should not be able to operate until house construction has been completed (Administrator Riehl will check into).
John Szafranski, 319 Yale Avenue: 103 Forman Avenue had request before Board of Adjustment to change from rooming house to six condos – turned down – now asking to put four townhouses in a single family zone (anyone can go to Board with requests – doesn’t mean they will get approval) – asked Council to consider Zoning Board appeals be brought before Governing Body.
Sharon Brenner, 203 Atlantic Avenue: in response to Mr. Cavagnaro’s statement, people with second homes are considered tourists because their driver’s licenses do not show they are residents – the town considers them non-residents and does not offer them resident parking passes.
Ben Dispoto, 311 Parkway: asked when Master Plan Review Committee formed (2004 – Master Plan Review was presented to Governing Body in 2006) asked if State reexamines Master Plan every 10 years – concerned with timeliness of Planning Board review and action (planner interviewed, plan presented – deliberative process, takes time).
PUBLIC PARTICIPATION PERIOD CLOSED AT 9:16 PM
The meeting was adjourned at 9:17 p.m.
Borough of Point Pleasant Beach 

