May 16, 2006

COUNCIL MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35 PM. with Mayor Vogel, Council Members Liotta, Loughran, Corbally, Dyer, DiCicco and DiCorcia present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department Head memos and correspondence were discussed; several items were moved to agenda for action (Mayor Vogel recused himself from discussion on American Cancer Society request); decided to hold liquor license expansion for special hearing and to hold memo on additional parking. Attorney Gertner asked that resolution establishing 4-way stop intersection be held based on DOT correspondence.

Motion by Councilman Loughran, to enter closed session to discuss possible litigation (1) and contractual (3) matters, was seconded by Councilman DiCicco and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, Dyer, DiCicco, DiCorcia…..YEA

Closed session started at 6:55 P.M. and ended at 7:45 P.M.

Mayor Vogel called the regular meeting to order at 7:52 P.M. Present were Council Members Liotta, Loughran, Corbally, DiCicco, Dyer and DiCorcia. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act. Mayor Vogel: this is National Peace Officers Week – asked for moment of silence in remembrance of those men and women who have given their lives in the line of duty in law enforcement, as well as those who put their lives on the line every day.

Mayor Vogel announced that action on Ordinance 2006-12 (Low Speed Vehicles) was being held, due to ambiguity as to whether it’s enforceable.

Ordinance 2006-13 (Smoking Ban) was considered on second reading. Mayor Vogel opened the hearing to the public.
John Szafranski, 319 Yale Avenue: asked if it applies to commercial buildings (Mayor Vogel: for restaurant decks and open air bars).
Motion by Councilman Dyer, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2006-13 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia.…YEA

Mayor Vogel explained that 2006 Budget Amendment addressed inclusion of donation to enable purchase of Fire Department vehicle. Public hearing was opened, held and closed with no member of the public wishing to be heard.
Motion by Councilman Corbally, seconded by Councilman Dyer and carried by the following roll call vote, 2006 Municipal Budget Amendment was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia.…YEA

Motion by Councilman Liotta, seconded by Councilman DiCicco and carried by the following roll call vote, the 2006 Municipal Budget was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia.…YEA

Clerk Ellsworth added several items to Consent Resolution 2; White Sands Liquor License Expansion was held and Consent Resolution 1, item ‘l’ changed to reflect 18 liquor license renewals; Dave Cavagnaro, 118 Parkway: asked if Liquor License Expansion would expand license to both sides of street (ministerial correction – renovations were completed and license never expanded to accommodate new footprint.)
Motion by Councilman Loughran, seconded by Councilman Corbally, resolutions, covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Authorization for Ocean County Mosquito Extermination Commission to spray for mosquitoes
b) Approval of Payroll #10 ($202,669.24)
c) Payment to Schulman, Wiegmann from Board of Adjustment escrow
d) Payments to the Galvin Law Firm from Bd of Adjustment accounts ($2287.50)
e) Scheduled payment to PPB Board of Education ($693,604)
f) 2nd Quarter Payment to the OCUA ($279,097.50)
g) P O to NJ DOP for Certified Public Manager Course ($1610)
h) Approval of ABC Social Affair Permit for Elks Lodge #1698 on June 25th
i) Authorization for Mayor to execute Parking Authority agreement
j) HELD
k) Maintenance Guarantee Release for Jenkinson’s Fun House
l) Liquor License renewals (18)
m) Payment to Horizon BCBS for employee health benefits ($77,206.79)
n) Award of bid for line painting to Lasting Lines ($17,500)
o) Award of contract for Front End Loader/Backhoe to Jesco ($52,072)
p) Appointment of seasonal public works laborers (6)
q) Appointment of public works laborer
r) Authorization for surplus vehicle bid/sale
CONSENT RESOLUTION 2:
a) Emergency resolution establishing 4-way stop intersections along portion of Boston Avenue
b) Liquor License Renewals (2)
c) Authorization for internship in the Police Department
d) Authorization for Schoor Depalma to proceed with roadway improvement project for Newark Avenue
e) Authorization for Schoor Depalma to proceed with Boston Avenue drainage replacement project
f) Payment to Lakewood Blue Claws for DARE trip thru MAC Grant ($1540)
g) Payment to RKE Athletic for DARE T-Shirts ($2150)
h) Authorize summer supervisor pay adjustment for Ned Martin
i) Payment to O C Mayors Association for Homeland Security meeting ($40)
j) Liquor License Renewal (1)
k) Approval of revised rate schedule for Borough physician services
l) Permission for Chamber of Commerce to use public meeting room
m) Payment to the State of New Jersey for DOT Permit
n) Refund to BBB property from escrow funds ($719)
o) P O to Motorola, Inc to police communications equipment ($20,121)
p) Raffles License Application for PPB UNICO on 9/26/06
q) P O to Information Station for police radio station ($10,232)
r) Approval of ABC Social Affair Permit for American Cancer Society on 5/19/06
s) Approval of American Cancer Society 10/15/06 special event application, with waiver of parking meter fees in Silver Lake lot and south side of Arnold Avenue, and Ocean County road use permit application
t) Approval of Jews for Jesus special event applications for Band Shell concerts on 7/7/06, 7/19/06 and 7/24/06
u) Approval of Jews for Jesus special event application to hand out literature on the Boardwalk during the month of July
v) Approval of curb cut at 205 Trenton Avenue
w) Approval of sale of surplus parking meters
x) Authorize Borough Attorney to draft film permit ordinance
y) Award contract for NJ DEP mandated soil sampling for Lake Louise dredging project
z) Authorize Borough Engineer to apply for NJ DOT FY 2007 Capital Program Funding
aa) Authorize Borough Engineer to utilize Henderson Labs for outfall testing
bb) Approve request from BBC for filming on Boardwalk by ‘The Learning Channel’
cc) Appoint Thomas Planning Assoc to provide professional services for Round 3 Affordable Housing Plan Element and Fair Share Plan
dd) Award contract for Tourism Impact Study to Institute for Tourism & Recreational Mgt
ee) Authorization to accept/execute Boylan settlement pending receipt of plaintiff’s acceptance
ff) Authorize Schoor Depalma to provide professional planning services for Open Space Plan
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

Mayor Vogel: Chamber is sponsoring ‘Meet the Mayors’ (Point Pleasant Beach, Point Pleasant, Bay Head, Manasquan and Mantoloking) at Clarks Landing, May 24th, 5:30-7:30p.m.; Memorial Day parade starts at 10 a.m. on May 17th, followed by services at Band Shell and plaque dedication by Marine Corps – hope for great community showing; Borough Planner from T&M Associates appeared before Planning Board to explain re-examination; Environmental Commission is looking for members for Lake of Lillies and Little Silver Lake study sub-committee – Engineer is planning follow-up meeting in early July; for Law Enforcement Week, Chief DePolo rode bicycle to Washington, DC to raise funds for “Fallen Officers Foundation”- also National EMS Week – acknowledged EMS and Fire Department; charity softball game between Fire and Police Departments will benefit the Fox family, with two desperately ill children – at Blue Claws Stadium on June 18th – tickets available from Police and Fire Departments.

Ordinance 2006-14 (Traffic Amendments near Maryland Avenue Beach) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman Dyer and carried by the following roll call vote, Ordinance 2006-14 was approved on first reading. The public hearing will be held on June 20, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

COMMITTEE REPORTS:

Councilman Liotta: Manasquan Inlet Celebration is shaping up to be special event – 25 boats from Point Pleasant Beach allowed to participate in Boat Parade; $34,000 was realized in meter revenues through April 2005, compared to $59,000 this year – court revenues through April 2005 were $159,000, compared to $195,000 this year – Council continues to search for ways to expand revenue; gardens have been planted throughout town by Beautification Committee.
Mayor Vogel: for courts to receive revenue, law enforcement must be doing their job as well.

Councilman Loughran: received letter from Engineer Savacool about what Borough must do to comply with State storm water regulations – must create staging area (concrete pad) at Public Works garage – all materials from storm drains and street sweepings must be put on pad, dried and inspected before disposal; resident letter complains about “Ocean Avenue properties – mattresses, tires and litter should not be on streets – makes walking on sidewalk impossible – sidewalk conditions are atrocious – letters should go to property owners and summonses issued – should be more bulk pick-up” – mainly renters carry trash from bungalows, down alley, to curb – stricter enforcement and letters might help (Mayor Vogel: difficult to identify cause of problem – could have additional staff for drop-off on weekends in May); regarding parking machine placement at foot of Broadway, north side has always been paid and south side free (Chief DePolo: leaving meter posts may eliminate confusion); have signs at foot of each street prohibiting activities – sign at foot of Broadway is covered with stickers; 2006 Budget is the first approved unanimously since he can remember – thanked Committee.

Councilman Corbally: first trial Farmers Market had a good turn out – next one will be July 9th and every Sunday after that – thanked Police and Public Works for their help, putting up barriers etc; have been looking at computer networks for town – waiting for third response; looking at new copier for the Clerk’s office – have two proposals with a third coming tomorrow; proposed that casual attire be worn at Council meetings in June, July and August. (Councilman Liotta: second; no member disagreed).

Councilman DiCicco: County Engineer Lotrecchio came to answer Council’s questions – first and foremost was outfall problem – spoke with him subsequent to sending him materials about how Rhode Island Beach deals with outfall – thanked Mayor for setting up meeting with Freeholder Kelly on May 23rd; hope to award contract for capping wells after bid opening on May 24th; I&I going forward on schedule – mass balance report completed in February – more outflow than inflow – next step is flow metering – 15 meters were installed on April 19th and 20th – data will be analyzed and reported by end of June – will get into recommendations and hope to act on in early fall; have looked at signs through town and Sign Ordinance – not a lot of consistency about what is allowed – also not a lot of attention paid to ordinance – will try to undertake analysis of ordinance – asked for authorization to talk to Planner – our ordinance is 6 pages long compared to Red Bank’s, which is 33 pages (Mayor Vogel: attended recent seminar where importance of proper signage was indicated, along with enhancement to business, and overall town aesthetics); 505 Delaware Avenue resident, Jason Samaritano, came to rescue of woman who fell into space between the rocks at the jetty – Police and Fire Departments and EMS responded quickly along with dive team – asked Chief to let them know we all appreciate their hard work, especially Chief Diver Chet Nesley, Sgt. Goessel, Officer Grace and Special Officer Senger; Master Plan Review Committee will meet May 23rd; Open Space Committee will meet on May 25th, Environmental Commission on June 14th, and FEMA Committee on May 30th.

Councilman Dyer: 100% behind Councilman DiCicco on signage and tightening up that ordinance – went to tourism seminar – helps town to look better and draw in tourists – should look at color coordination and so forth; set with Code Enforcement Task Force – Police will take care of at night and budgeted for increase of Code Enforcement in areas discussed; 3 penalties issued for failing to call for inspections and 2 for working without permit; excited about revenue from April – up 22.7% in court fines and 75.7% in parking meters; need to publicize recycling – saves town money.

Councilman DiCorcia: waiting to hear from Bob Meany and Dennis Russell about new spots for meters; thanked Sal Pepe for constructive criticism; Jaeger Lumber is starting work at 7:00 a.m. – asked Chief to have patrols check – should not start until 8:00 am; waiting for final light survey – light has been out for 8 weeks in front of Point Interiors – been out 8 months in front of my house – thanked Lynn for her help; along with Councilman Liotta, meeting with Board of Education on June 5th; would like to present wrestler, Matt Rega, with plaque at June 20th meeting (Councilman Liotta: asked if he could reach out to Recreation Program to have those young people here to see Matt get his award) .

PUBLIC PARTICIPATION PERIOD OPENED AT 8:36 PM

Ed Sirchio, 722 McLean Avenue: thanked Administrator Riehl for mulch; heard there was a settlement on Boylan case (Attorney Gertner: tentative, waiting for plaintiff to sign); many lawn maintenance people blow everything into streets –should be fined; ludicrous that homeowner can treat drains for mosquitoes but town can’t; should be tree ordinance so trees can’t be cut without permit – neighborhood is loosing ambience – people are putting up houses and cutting down trees; Barnegat Bay had a problem with over-fertilization and explosion of jellyfish; historic house on Woodland Avenue was sold – trees, there, that go all the way to river, lined first fairway of old Point Pleasant golf course – hears house is being torn down – asked Council to look into preserving historic homes; thanked Councilman DiCicco for vigilance on outfall – asked if meeting on 23rd was open to public (no – Councilman DiCicco will report back); suggested placing portable web-cams or ATM’s with cameras on Ocean Avenue to see who is throwing out garbage.

Ed Crawford, 407 River Avenue: attended meeting with Councilmen Liotta and DiCicco with postal officials – any thing on that? (Councilman DiCicco: checked on 911 compliance, since post office felt we were non-complaint – not true, are fully compliant – spoke with Postmaster again – can change street name, can change sequencing of addresses – can change individual property address – Governing Body hasn’t had a chance to debate this issue) spoke with Postmaster – suggested changing the street name; asked about Traffic Study on River Avenue – is County going to take out traffic calming device? – has adverse effect on bicyclists – doesn’t slow traffic down (Mayor Vogel: first time heard adverse comments – has some information from our engineer and want to run by County during meeting on May 23rd).

Councilman DiCorcia: asked Administrator Riehl to check with County about changing speed on Arnold Avenue.

David Cavagnaro, 118 Parkway: thanked Clerk Ellsworth for sending him nice letter for volunteering for Open Space Committee; thanked Administrator Riehl and Public Works for getting mulch for Beautification; thanked Councilman Liotta for driving to pick up flowers; thanked Council for garbage cans on Ocean Avenue – asked when cans would be placed on Boardwalk (Administrator Riehl was asked to check with DPW Director Meany); asked about status of repairing light in front of Bank of America (Administrator Riehl: will follow-up); allotted money for sprinklers at three garden spots – when will contracts be awarded? (Councilman Liotta – bids were solicited; Administrator Riehl: have three quotes – all under bid threshold; Councilman Corbally: would like to look at; Attorney Gertner: can delegate authorization to approve award, since all under bid threshold, based on sub-committee recommendation and approval by Borough Administrator).
Motion by Councilman Dyer, to delegate authorization of award approval, for installation of sprinklers, based on recommendation of sub-committee and approval by Borough Administrator, was seconded by Councilman DiCicco and approved by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
Councilman Corbally: only one interested in selling fire truck – how do we handle that? – would be a professional that would sell and charge us 10% to do so (Attorney Gertner: same as sprinklers – authorize sub-committee and Borough Administrator to make decision and reaffirm contract award at next Council meeting).
Motion by Councilman Dyer, to delegate authorization of award approval, for entity to handle sale of fire truck, based on recommendation of sub-committee and approval by Borough Administrator, was seconded by Councilman DiCicco and approved by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA
David Cavagnaro, 118 Parkway: geese coming through fence – anything else being done? (addling – some nested in private yards; Councilman DiCicco: have recommendations from Schoor Depalma – maybe can implement some – can try to put plan together by next Council meeting); asked if something would be done formally tonight on the Zilai Row property (matter did not need Governing Body approval; Administrator Riehl: correspondence went out Friday).

John Szafranski, 319 Yale Avenue: looking into more revenue – Wildwood charges development tourism fee to entities receiving tourism revenues (State gave approval as part of approval for Convention Center – dedicated to paying for Convention Center and funding events there) called Senator Ciesla’s office – he’s looking into it; lots of bikes and dogs on Boardwalk – no signs (signs are posted at every street entrance) not if coming up through aquarium lot and Vetrini Lane (Administrator Riehl: will put up 12 signs on Boardwalk – are being made); 2nd light north of aquarium is out.

Max Gagnon, 304 Parkway: complimented Fire Department’s job on Forman Avenue house fire – shows what can happen with non-conforming third story; Ordinance 2006-01 exempted single family homes in Highway Commercial zone, where SF 5 homes are intermingled – recently, Zoning Board allowed four condos there (Mayor: zones are gerrymandered throughout – professional planner looking at zones and boundaries) Council should have first review of Zoning Board (State trend is to get away from that – felt best to keep buffer between the two, since actively involved with zoning at this time); agrees with Mr. Sirchio about commercial lawn people blowing grass and leaves into storm drains – then there is flooding (Mayor: Governing Body and Counsel are looking into – leaves are addressed under storm water regulations; Councilman Loughran: asked Council to look into Ordinance, addressing homeowners and commercial entities).

Ed Crawford, 407 River Avenue: street sweeper on Arnold Avenue once a week – can town clean sidewalks? (Mayor: sidewalks are merchants’ responsibility – in past, Code Enforcement has taken some owners to task; Councilman Loughran: possibly can get the Boardwalk vac there in off-season).

PUBLIC PARTICIPATION PERIOD CLOSED AT 9:11 P.M.

Meeting was adjourned at 9:12 PM

Attest: ____________________________________ Maryann Ellsworth, Municipal Clerk