Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM with Mayor Barrella and Council Members Dixon, Cervino, Tooker and Loughran present. Councilman Mercun was absent and Councilman DiCorcia arrived at 6:36 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Department Head memos and correspondence were discussed with items moved to agenda for action; Mayor Barrella recused himself from discussions on VFW fee waiver request; discussion ensued regarding having Farmers’ Market in the parking lot adjacent to Rudy’s Restaurant Supplies, beginning Sunday after July 4th; Council had no objections to Mayor signing letter, to be sent to local businesses by Tourism Advisory Committee; Attorney Gertner advised adding conditional authorization, for Mayor to execute sales contract with Risden’s Beach Corporation, to consent resolutions.
Motion by Councilman Cervino to recess meeting was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran…..YEA
The Municipal Clerk left meeting due to illness.
Mayor Barrella called the regular meeting to order at 7:34 P.M. Present were Council Members DiCorcia, Dixon, Cervino, Tooker and Loughran. Councilman Mercun was absent. The Assistant Clerk Farrell read the notice indicating compliance with the Open Public Meetings Act.
Joel Wolber, Judge Advocate for VFW Post 4715: addressed notice from Code Enforcement that VFW can no longer post signs, at St. Louis Avenue Post, to advertise events there – Post is also home to American Legion and Marine Corp League – described services Post provides and various groups and charities it supports – can’t carry on charter mission if they can’t raise funds, – signs are cheapest way to advertise – claimed neighborhood around Post has changed and presented picture from 1947/1948 of signs being used for advertising – current sign is plywood, about 6’ long by 4’high and approximately 3’off the ground – offered to make it more presentable – looking for permanent relief.
Mayor Barrella recused himself from discussion.
Motion by Councilman DiCorcia, to allow VFW to continue utilizing sign, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran*…..YEA.
*Councilman Loughran: Code Enforcement notice was precipitated by resident complaint
Borough Auditors Warren Korecky and John Swisher were in attendance to answer questions on the 2008 Municipal Budget. Hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Cervino, to close the public hearing on the 2008 Municipal Budget, was seconded by Councilman DiCorcia and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran….YEA
Motion by Councilwoman Tooker, to carry vote on budget adoption to June meeting due to state of flux with State funding, was seconded by Councilman Loughran and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran….YEA
Ordinance 2008-15 (Amend OPRA fee schedule) was considered on second reading. Motion by Councilwoman Tooker, to open hearing to the public, was seconded by Councilman Cervino, and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
No member of the public wished to be heard. Motion by Councilman Cervino, to close the public hearing on Ordinance 2008-15, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Motion by Councilwoman Tooker, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2008-15 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Ordinance 2008-19 (Amend Special Event Fees) was considered on second reading. Motion by Councilman Loughran, to open hearing to the public, was seconded by Councilwoman Tooker, and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Louise Stillufsen, 331 River Avenue: member of Recycling Committee, asked that request by Recycling Co-coordinator be incorporated to reduce garbage, waste and landfill use caused by these events (made arrangements for recycling igloos – would take too long to amend ordinance – suggested reminder on application) – need to encourage recycling – this is one of the areas we can really start doing it (recycling is separate issue which should be addressed by Recycling Committee and Public Works; suggested Recycling Co-coordinator speak to those in charge of events).
Ben Dispoto, 311 Parkway: asked if street designation in Section II:c means whole length of the street (yes); recent Cystic Fibrosis event was loud and not resident friendly – suggested regulation of sound be incorporated into ordinance (easier to deal with noise utilizing noise code; recommended purchase of decibel level machine; people need to let police know what they won’t tolerate).
Motion by Councilman DiCorcia, to close public hearing and adopt Ordinance 2008-19 on second reading, was seconded by Councilman Dixon and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Ordinance 2008-20 (Establish Penalties for Graffiti) was considered on second reading. Motion by Councilman Loughran, to open hearing to the public, was seconded by Councilman DiCorcia, and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Ben Dispoto, 311 Parkway: asked if those who had their property defaced would have a time limit to rectify (ordinance does not speak to need of property owner to eliminate graffiti, but creates offense for perpetrator of act – courts are free to impose conditions).
Steve Ruddy, 306 Forman Avenue: asked if this ordinance includes the commercial organization stickers all over stop signs (intent of the ordinance is based on council discussion).
Motion by Councilman Loughran, to close public hearing and adopt Ordinance 2008-20 on second reading, was seconded by Councilman DiCorcia and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Ordinance 2008-21 (Establish Electrical Sub-Code Fees) was considered on second reading. Motion by Councilman Loughran, to open hearing to the public, was seconded by Councilman DiCorcia, and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Max Gagnon, 304 Parkway: asked if Borough would continue to use County for inspections (County eliminating department as of May 30th – met with other towns – Council investigating entering shared service agreement with Brick) asked, if inspection service was shared, would town still have the same license requirements (part of the agreement will specify that any person utilized will have all licenses required by the State).
Motion by Councilman DiCorcia, to close public hearing and adopt Ordinance 2008-21 on second reading, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Assistant Clerk Farrell added items to Consent Resolution 2. Motion by Councilman Cervino, to open discussion on consent resolution items to the public, was seconded by Councilman DiCorcia and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran.…YEA
Dave Cavagnaro, 118 Parkway: asked if new drainage engineer position was being created and about increased cost to town (special project engineers appointed at reorganization meeting – no increased cost); Ben Dispoto, 311 Parkway: asked if Resolution 1/item “l” was a JIF premium payment (deductible for settlement reached through JIF Attorney) – asked how a community center can be considered if Borough is in financial trouble (feasibility study is covered by grant); Max Gagnon, 304 Parkway: should incorporate emergency management – might need that recreation center building to house people in emergency; Irene Conte, 819 West Laurel Avenue: asked what was envisioned for community center (study will examine various possibilities; not a new idea – could use as a possible revenue generator – will look at everything and choose what’s necessary and affordable).
Motion by Councilman Cervino, to close public discussion and adopt resolutions covering items listed below, was seconded by Councilman DiCorcia and carried by the following roll call vote.
CONSENT RESOLUTION 1:
a) Renewal of ABC licenses (15)
b) Appointment of part-time seasonal Public Works employees (4)
c) Payment to Brick Utilities for April bulk water usage ($50,060.64)
d) Payment to Untied Computer for network support services ($2,340)
e) Payment to All Time Auto Body for police vehicle repairs ($4,203.63)
f) Payment to Pedroni Fuel Co for diesel fuel ($12,600.51)
g) Payment to Bio Key International for annual maintenance contract ($5,713.20)
h) Payment to United Computer for Backup for Exchange Server ($2,668)
i) Payment to Atlantic Club for Project Graduation rental fees ($3,000)
j) P O to American Uniform for Special Officer uniforms ($3,058.55)
k) Progress pay’t #2 to Manzo Maroba Inc. for improvements to DPW yard ($70,723.66)
l) Payment to MEL JIF for Stoney settlement ($11,898.72)
m) Payment to Board of Education for Secure our Schools grant ($30,519)
n) Payment of 2nd Quarter installment to OCUA ($296,010)
o) Scheduled Payment to PPB Board of Education ($744,677)
p) Appt of Tim Lurie, DW Smith, as Plot Plan/Drainage and Grading Engineer for 2008
q) Approval of contract with O’Donnell, Stanton & Associates for I&I Administration
r) Payment of computer-generated vouchers ($1.467,843.74)
s) Approval of Social Affairs Permit for VFW Post 4715 on 8/23/08
t) Payment to Horizon Blue Cross Blue Shield for employee health benefits ($132,378.69)
u) Emergency Temporary Appropriation to 2008 Budget
CONSENT RESOLUTION 2:
a) Appointment of Lee Kelly as alternate to the Board of Adjustment
b) P O to Cooper Electric for generators at fire houses ($37,994 – thru Firefighters’ Assistance Grant)
c) Approval of Payroll #11 ($220,821.68)
d) Reimbursement of college credit costs to police officer ($4,353.49)
e) Payment to USA Bluebook for sewer router ($2,005.61)
f) Payments to CMX from Planning Board accounts ($1,755.50)
g) Payments to Galvin Law Firm from Planning Board accounts ($1293.01)
h) Payments to CMX from develop escrow accounts ($4275.50)
i) Water/Sewer bill adjustments (15 accts)
j) P O to Seneca Survey for Green Acres survey 29 Inlet Drive ($2000)
k) Payments to CMX from Planning Bd & Bd of Adj accounts ($3525)
l) Renewal of ABC Licenses (1)
m) Award contract for PPB Community Center Feasibility Study to Spiezle Group
n) Authorization to apply for DOT grant for roadway improvements for Channel Dr & Niblick St, from Chicago Ave to Cooks Lane
o) Approve Special Event App for Street Light Ministries
p) Authorization for Boro Atty to draft interlocal service agreement with Brick for electrical inspection services
q) Waive public assembly fee for VFW event on 8/23/08
r) Approve temporary removal of Ocean Avenue parking spot adjacent to Bowling Green
s) Appt Forestree Consulting to prepare forestry management plan
t) Appt John Trout as Acting Public Works Superintendent
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran….YEA
Resolution to authorize Mayor to sign Risden’s contract, once Borough receives contract executed by Risden’s Corporation, was considered.
Attorney Gertner: would be subject to required aquisiton and bond ordinances – recommended this step be taken to lock agreement in.
Mayor Barrella: $3 million purchase will be funded through Open Space Trust Fund – collect one cent levy regardless of whether or not property is acquired – parking lot and bath house are revenue stream – closest thing to landmark.
John Szafranski, 319 Yale Avenue: asked if monies are available from Green Acres (Borough would look into applying – not sure if this acquisition would qualify) shouldn’t be limited to just open space.
Joe Lemma, 203 St. Louis Avenue: have derelict building on Inlet – been fighting for 15 months to have the building torn down – there’s mold in it – Health Department should check it out – health hazard and an eyesore (County will knock the building down and haul away – Open Space Committee recommended waiting until after summer season for building removal) complained about “suits” making decisions.
Dave Cavagnaro, 118 Parkway: asked if it would be appropriate for the resolution to read that the contract won’t exceed a certain dollar amount (references $3 million purchase price – actual assessed value is $4,574,000 – also included in agreement is right of first refusal – Borough is agreeing not to excercise eminant domain for 3 years – they will operate property and utilize shed/garage – closing date for parking lot is around October – will only sign contract that was negotiated).
Motion by Council DiCorcia, to close public participation and adopt resolution authorizing the Mayor to sign contract, executed by Risden’s Corporation, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran.…YEA
Councilman Cervino….NAY
Mayor Barrella appointed Jennifer Dearborn to the Recycling Task Force.
COMMITTEE REPORTS:
Councilman DiCorcia: Chief brought up a good point – there was no complaint made about the noise – asked if Chief would consider that a complaint or an emergency (would respond as expeditiously as possible) – asked that word "emergency" on police line be changed to "complaint" – concerned that many people, especially seniors, are confused – they don’t want to call in a complaint when it’s coming in as an “emergency”; Carmine Brady Foundation, Inc., for children who suffer from catasrophic illnesses and which provides housing for parents with children in hospital at no charge, will hold a fundraiser at Bar A on June 22nd and a cancer walk in October on Boardwalk – no monies raised will go to administrative costs; yellow water stream on Central Avenue, from St. Louis to Boston Avenues – asked that water drainage complaint be sent to Borough Engineer.
Councilman Dixon: heard concerns about I&I repaving – visited Newark Avenue, where repaving looked excellent; thanked DPW for sand removal on Boardwalk; complimented Beautification on planters; asked status of leasing of railroad lot (change in administration – has not come up again)- asked Borough Attorney to look into; saw police talking to kids who were not wearing helmets – noteworthy that police are trying to work with kids about this issue.
Councilman Cervino: commented on “Click It or Ticket” program nationwide; May is Older Americans month; coating technology, at DPW garage, is 1/3 cost of new roof – invited all to go and see changes at Department of Public Works; discussed how to dress up Sea Coast property – suggested attaching stockade fence to existing fence – asked Council to consider bid; will be discussion at Ocean County Transportation Department, on June 19th, about transportation for disabled and seniors; acknowledged Beautification’s efforts; TAC is trying to triangulate downtown, boardwalk, restaurants and lodging – meet on 2nd and 4th Mondays at 5PM; Chamber of Commerce looking for resolution of Christmas money; I& I Phase I is almost completed.
Councilwoman Tooker: resident was impressed with web site, which is evolving – a lot of information on it – suggested directing residents to postings on “Announcements” page; got igloos from County for Little Silver lot, for events and beach traffic; Recycling Committee doing wonderful job – businesses are now recycling; announced Emergency Management presentation on June 12th and Parking Committee meeting on May 29th; Animal Welfare Committee met last night – not too much to report on geese – hoping for update on egg addling soon – beginning trap, neuter and release program for feral cats; Shade Tree Committee is starting memorial tree program; asked about contacting people on waiting list for benches (Councilman DiCorcia: asked anyone interested to call him – took a long time because had to number the benches) many Arnold Avenue trees are dying and need to be replaced – since out of benches, will direct people to purchase tree – honorary and memorial (perhaps can limit the language to "in memory of " or "in honor of”); got recommendation letter from Board of Adjustment about zoning changes they’d like to see; Historical Society meets 2nd Monday of each month – publish wonderful newsletter; Recreation is planning first senior bus trip – Senior Bee Hive at St. Martha’s welcomes our seniors as well.
Councilman Loughran: asked about status of Borden’s lot (will be fully opened this weekend – not finished but open); asked about pedestrian flashing sign at Broadway bridge (has been there for years); there is a demand for bike racks in beachfront area in summer – suggested borrowing from Board of Education, which has surplus when school gets out; during caucus, discussed Department of Transportation grant money for street paving – decided on Channel Drive and Niblick Street, from Chicago Avenue to Board of Education building; will have more to discuss about Risden’s in future.
Councilman DiCorcia: complimented Mr. Lombardo for apologizing to Building Department; announced that there are no water restrictions in Point Pleasant Beach; read letter received from Point Pleasant resident complaining about Point Pleasant school system.
Mayor Barrella: Local Finance Board approved levy cap waiver; met with Tourism Advisory Committee – have good ideas to promote tourism – some involve spending money, which must come from businesses, not Borough coffers; invited Acting DPW Superintendent Trout to next Caucus session to update Council on Recycling; decision on parking boxes in Borden’s lot will be made by Council – Parking Committee will meet on May 29th on charging, restrictions, etc.; met, along with Administrator Riehl, with Ocean County Mayors and Administrators regarding shared services; thanked DPW for work during nor’easter last Monday- they do their job, with what resources they have, and don’t complain; attended State budget summit today and pushed concept of local options tax – needed to get our budget back in line – will help to enhance tourism.
Administrator Riehl: set bid date on “Rosewood, Briarcliff, Ridgefield” roadway project for May 29th – Point Pleasant will be the lead community; reminded all that town is flushing hydrants through June 6th, between 9am and 3pm.
PUBLIC PARTICIPATION PERIOD OPENED AT 9:12 PM
Police Chief DePolo: expressed pride in Police and Emergency Management during recent nor’easter; in an effort to protect department’s reputation, gave background on 25th officer issue and said, in summary: officers have remained professional and courteous, but lines were drawn by Governing Body and tone became adversarial and divisive at community’s expense – what should have been a proud moment, deteriorated into one of the department’s all-time lows – officer was approved but not before demoralizing, inaccurate and discrediting statements were made by Governing Body, which will set the department back years in context of public confidence – vague staffing comparisons of dissimilar towns were interjected into public forum without factual evidence – damage done by implying that officers are intimidating, overpaid and lazy is unquantifiable – goal now is to repair damage – feared replacement officer issue will be raised whenever municipal finances are discussed – can’t make department a continuous scapegoat – department and officers are only as effective as the support they receive from public and representatives that grant them authority – personal agendas and spiteful acts of retribution must be put aside – department can then get on with what they do best, protecting the community, without having to waste resources defending itself. (Councilman DiCorcia: didn’t say “overpaid,” said “well-paid” – have damn good Police Department – will be out of here December 31st so, if referring to his remarks, it should be over – reject fact and appalled that Chief or PBA should tell him how to vote – not baseless and without facts, people are afraid of Police Department) – had no problem with “No” vote, but shouldn’t demoralize officers who fight to keep this a family town.
Lt. Dikun, Point Pleasant: spoke about inaccurate and misleading information placed in public domain and said, in summary: only about 6 current officers were working in 1996 – had utmost respect for Councilman DiCorcia as voice of silent majority – community has right to believe that statements made by Government officials are accurate, factual and based on complete disclosure – quoted Council Member at May 6th Council Meeting, "How does Belmar do it with 19 full-time Police Officers with the same problems we have?" – they actually have 21 full-time officers – based on 2006 statistics, their crime is 74% higher, violent crime 106% higher and crime ratio per thousand residents is 64% higher – one Council Member said we don’t compare to Belmar because our beachfront and Boardwalk are different, and not like Seaside because our police keep it nice – inference is that Seaside Heights can do the same job with 23 officers, while their crime rate is 64% higher, violent crime 615% higher and crime ratio 175% higher – inaccurate information is being put out and department was condemned for having public information session – they have 1500% higher robbery rate and 720% higher aggravated assault rate – crime rate is lower here due to department’s efforts; impressed by last meeting’s decision not to cut school budget – amazed that five Governing Body members, either serving or retired from the education field, didn’t feel qualified to decide on cuts – asked what makes them qualified to question a Police Chief who has spent his entire life in this community (two, employed by Board of Education, recused themselves; one in educational field, one retired, Mayor was not involved; Councilman DiCorcia: didn’t participate in review, as not on Finance Committee – referenced Save our ‘Cops’ signs when only one officer was involved); don’t play politics – do what’s in community’s best interest (Council decided to hire 25th officer and request DCA staffing study – future decisions on number of officers needed will be based on the study as Governing Body has obligation to do what’s right for tax payers – officer has been hired – time to move forward); not about 25th officer , but the way officers are treated and comments made – officers are entitled to respect – negative, condescending, demeaning comments go against the crux of what police are trying to do (have one of the best educated departments on Jersey shore – tell us the number of officers you need) 26 – the number voted for in 2002.
Max Gagnon, 304 Parkway: milling Chicago, getting paving that Councilman Dixon talked about; asked if anyone checked DPW roof – someone can fall through a metal roof, if rusty over a long period of time and large area.
Dave Cavagnaro, 118 Parkway: thanked Mayor for postponing closed session, Administrator Riehl for help on garden, Councilman Cervino for positive remarks about Beautification, and DPW for work in horrible weather and, on behalf of Beautification, for help with flags on Ocean Avenue, barrels and garden spots; asked if decision has been made on Lake of Lillies Adopt-A-Spot; asked Councilman Loughran how Council members were selected to meet with Board of Education and who authorized Borough Attorney to draft resolution – complained that public couldn’t respond because discussed before public participation; asked about garbage pails on Boardwalk.
Anthony Lombardo, 309 Arnold Avenue: no work done on flooding and engineering survey – asked who attorney represents, citizens or civil service union people – offended he didn’t get answer to certified letter – has survey reports from engineers, with work that was supposed to be done, but wasn’t – CO was issued this afternoon – was told Engineer and Attorney had to sign off on it – wife is home sitting in all that water.
Mary Jane Olsen, 309 Laurel Court: asked when town was getting decibel meter; DPW doing good job – saw them picking up unbundled brush – waste of their time – need letter informing residents to bundle brush or it won’t be picked-up.
Mike Murphy, Central Avenue: believes pool was opened – wants samples taken of filthy, rusty water that has contaminated street to see if it’s a health hazard – last time it happened, town used chemicals to clean it – had to have started between St. Louis and Chicago Avenues – going on for 20-30 hours over the weekend – caked in – will be there all summer, if not longer.
Ben Dispoto, 311 Parkway: thanked Police, especially Detective Daniel and Traffic Safety Group, for addressing dumpsters in street on Ocean Avenue by Philadelphia Avenue; asked when and how Boylan case will end.
PUBLIC PARTICIPATION PERIOD ENDED AT 10:05 P.M.
Attorney Gertner: announced that Council does not expect to take action after Executive Session.
Motion by Councilman Loughran, to enter closed session to discuss (2) litigation and (3) personnel matters, was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Loughran…YEA
Council Members Tooker and Cervino….Absent (Adjourned to Executive Session room)
Closed session started at 10:07 P.M. and ended at 11:03 pm.
Motion by Councilman DiCorcia, to return from closed session and adjourn meeting, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran…YEA
The meeting was adjourned at 11:04 p.m.
Attest: Maryann Ellsworth and Eileen Farrell
