Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:40 PM with Mayor Barrella and Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran and Mercun present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
John Fernicola and Michael Vuocolo, Tourism Advisory Committee (TAC): presented Council with TAC mission statement and spoke about the need to improve tourism in town and to develop a better working relationship between the government, businesses and residents; spoke about programs they would like to develop that may require seed money; Attorney Gertner reminded all about the Community Endowment Fund that could enhance some of these public/private partnerships and suggested that there be a meeting between TAC and the Endowment Trustees to brainstorm.
Department Head memos and correspondence were discussed with items moved to agenda for action; Administrator informed Council that 2009 Pension obligations would result in an increase of approximately $116,000; action was held on memo regarding hiring of electrical sub-code official due to active investigation into shared services; some Council members felt that a $1,000 performance bond for street openings was woefully inadequate – Borough Attorney read from engineer’s recommendations and informed Council that Karen Mills is looking for input on the new application form; request for painting and replacing fire hydrants was held with only daytime flushing being addressed; personnel ordinance introductions were held as Counsel is awaitng DOP input; Starkey memo was held for discussion in closed session as part of ongoing litigation.
Motion by Councilman DiCorcia, to enter closed session to discuss litigation (1), personnel (2) and contractual (2) matters, was seconded by Councilman Cervino and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Closed session started at 7:25 P.M. and ended at 7:37 P.M.
Mayor Barrella called the regular meeting to order at 7:46 P.M. Present were Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran and Mercun. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Motion by Councilman Mercun, to approve minutes of the March 18th, April 1st and April 15th Council meetings, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Motion by Councilman Mercun, to authorize Mayor to execute United States Mayors’ Climate Protection Agreement, was seconded by Councilwoman Tooker, and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
On behalf of the League of Women Voters and the Sierra Club, Lois Jacobson and Sheila McVeigh presented “Cool Cities” certificate to Mayor Barrella.
Ordinance 2008-13 (Exceed Municipal Budget Appropriation Limits and Establish Cap Bank) was considered on second reading. Motion by Councilman Mercun, 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, Mercun…YEA
No member of the public wished to be heard. Motion by Councilman Mercun, seconded by Councilman Dixon and carried by the following roll call vote, Ordinance 2008-13 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Ordinance 2008-14 (Amendment to road opening regulations and fees) was considered on second reading. Motion by Councilman Mercun, 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, Mercun…YEA
No member of the public wished to be heard. Motion by Councilman Mercun, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2008-14 was adopted on second reading.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Ordinance 2008-15 (Amend OPRA Fee Schedule) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2008-15 was approved on first reading. The public hearing will be held on May 20, 2008.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Ordinance 2008-19 (Amend Special Event Fees) was introduced on first reading after correction to typographical errors.
Motion by Councilman Mercun, seconded by Councilwoman Tooker and carried by the following roll call vote, Ordinance 2008-19 was approved on first reading. The public hearing will be held on May 20, 2008.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Ordinance 2008-20 (Establish Penalties for Graffiti) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2008-20 was approved on first reading. The public hearing will be held on May 20, 2008.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Ordinance 2008-21 (Establish Electrical Sub-Code Fees) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2008-21 was approved on first reading. The public hearing will be held on May 20, 2008.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Clerk Ellsworth added items to Resolution 3; Dave Cavagnaro, 118 Parkway, asked how much was being cut from the school budget (Council Members Mercun, Loughran, Dixon and Administrator Riehl met with school board members and, after review and discussion, decided not to cut anything – they are within their cap and have held operating expenses at the same level as last year; Council has 3 options with defeated budgets – can either leave the same, decrease or increase – studied budget carefully and decided to make no cuts); Lee Janning, 1023 Gowdy Avenue, felt that 6 votes do make a mandate and that the budget should have been cut; Ben Dispoto, 311 Parkway: disappointed that budget was not adjusted – asked about adjusting cost per student for out of district students (have lost a number of tuition students when it was raised several years ago – take tuition students to fill classrooms – it doesn’t increase costs); Anthony Lombardo, 309 Arnold Avenue: concerned about budget ramification due to the low pupil/teacher ratio – grandkids’ private school has 33 in a class and still ‘A’ students.
Motion by Councilman Loughran, seconded by Councilman DiCorcia, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) ABC License Transfer Noah Inc (The Ark) to Antones Inc
b) Proclaim May 4th through May 10th as Municipal Clerks Week
c) Proclaim June as Myasthenia Gravis Awareness Month
d) Approval of Payroll #9 ($228,263.64)
e) Payments to CMX from escrow accounts ($7446)
f) Salary Adjustment for K Mills for completion of course leading to certification ($250)
g) Approval of ABC Social Affairs permit for Elks Lodge #1698 on 9/20/08
h) Payments to Schulman, Wiegmann from Board of Adjustment escrow accts ($450)
i) Payments to Galvin Law Firm from Board of Adjustment/Planning Board accts ($4210)
j) Refund Board of Adjustment escrow balances ($1982.50)
k) Proclaim May 18th through May 24th as Public Works Week
l) Authorize submission of FY2008 Safe Routes to School Grant Application
m) Progress payment #1 to Ace Manzo for I&I improvements ($383,969.03)
n) Payment to the Ronan Agency for recreation programs insurance ($4483)
o) Payment to Ocean County Landfill for tipping fees ($50,000)
p) Payment to All Hands Fire Equipment ($3289.96)
q) Change Order 1 and 2 for Downtown Revitalization Phase III ($2200)
r) Payment to Ocean County Road Dept for Schedule C sweepings ($2658.60)
s) Payment of 2nd Quarter Tax allocation to Ocean County ($1,676,012.74)
t) Payment to Brick Utilities for March bulk water usage ($53,536.18)
u) Refund overpayment of taxes ($4129.45)
v) Payment to Blue Line Emergency Lighting ($8623.04)
w) Salary Adjustment for T McCrystal for completion of course leading to certification ($250)
x) Salary Adjustment for J Coyne for completion of course leading to certification ($250)
y) Payment to OCJIF for miscellaneous insurance policies ($213,173.70)
z) Banner Permit Application for Nat’l Multiple Sclerosis Society
CONSENT RESOLUTION 2:
a) Release of maintenance guarantee – Richmond Commons
b) Support NPP Funding
c) Partial release of performance guarantee – Colvin
d) Water/Sewer bill adjustment
e) Change Order #1 to Ace Manzo for I&I improvements ($44,845)
f) P O to Metric parking for receipt paper for numbered spaces ($2280)
g) Approval of Ocean County road use application for Autism Speaks walk
h) Authorize annual agreement with O C Mosquito Extermination Commission
i) Approval of computer generated vouchers ($2,466,739.61)
j) Certify tax amount to be raised by 2008/2009 School Budget
CONSENT RESOLUTION 3:
a) Proclaim May 2008 as Bicycle Month
b) Change Order #2 to Sea View for drainage improvements to Boston Ave ($0)
c) Payment to Boro of Pt Pleasant for payments received in error ($42,720)
d) Re-Appointment of Michael Corona to the PPB Parking Authority
e) Approval of Payroll #10 ($250,767.81)
f) Approval of hand checks for March and April ($1,767,515.38)
g) Payment to Open Space Fund of first quarter 2008 open space allocation ($63,888.29)
h) Authorization to advertise and perform daytime hydrant flushing
i) Support NJSLM Challenge of COAH regulations ($500)
j) Proclaim Motorcycle Awareness Month
VOTE: Council Members DiCorcia, Dixon, Cervino (all items except Resolution 2/Item “j”),
Tooker (all items except Resolution 2/Item “j”), Loughran, Mercun (all items except
Resolution 1/Item “j”)….YEA
Council Members Cervino and Tooker (Consent Resolution 2/Item “j” only)…..Abstain
Councilman Mercun (Consent Resolution 1/Item “j” only)….Abstain
COMMITTEE REPORTS:
Councilman DiCorcia: asked that the Finance Committee reach out to the fire department as they were not included in the budget process and have a couple of issues they’d like to address; received a complaint about fence at the Sea Coast site and a request to plant shrubs at Public Works garage.
Councilman Dixon: Parking Committee will meet on May 29th – will not rehash permit program but try to come up with ideas for putting meters in other areas or raising meter rates; economic slow down doesn’t seem to be affecting Borough’s Building Department – revenues are up $1,000 over last year – 300 inspections are scheduled for next month – just let part-timer go, so down to two inspectors – there will be delays (that part-timer works full time in Point Pleasant where he had to resume his original work hours of 8:30AM – 4:00PM).
Councilman Cervino: introduced new complaint form; County coming to clean storm drains on county roads and have asked them to do so more than once a year; Beautification is busy with spring planting; Sea Coast site is still an eyesore – can see through fence slats – should put stockade fence up now and move things that are stored on that property; Public Works building’s roof will be addressed with substance that will fix roof’s problems; spoke with one bank about ATM installation on Boardwalk and train station – due to costs and risks related to outdoor self-contained ATM, conclusion was reached that it would not be advisable – will contact other banks; Chamber of Commerce will hold ‘Meet the Mayors’ event on May 14th – would like resolution on holiday decoration donation; pavers are being raised by tree roots in downtown area, causing trip and fall hazards.
Borough Attorney Gertner: Public Works should create, by district, a plan to review those items; would like to get a better handle on Sea Coast with input from all attorneys that have worked on the matter – will then update Council.
Councilwoman Tooker: discussed Arnold Avenue paver problem at Shade Tree Committee meeting – Bradford pear trees are prone to disease with short life span, but hesitant to remove those causing problems as there is no money to replace them – resident proposed memorial tree program, which will be focused on Arnold Avenue – have vehicle through Community Endowment Fund for collecting donations – will investigate placing grates, instead of pavers, around the trees; bids, for tree expert to provide community forestry plan, close on Friday; tree ordinance moving along; still working on recycling with Borough’s business community; would like to rework sanitation schedule; great presentation on non-point source pollution at Environmental Commission meeting – important to look at storm water management regulations – lawn chemicals are going into our streams; anti-idling signs are being posted; announced school clothing drive on Saturday at Antrim school; Animal Welfare Committee will meet on May 19th at 6PM – working with Alley Cat Allies for trap and release cat program; got addling permit and Muskrat Jack is working on egg addling; there will be an Emergency Management presentation on June 12th which will include pet friendly shelter information.
Councilman Loughran: Recreation Committee getting ready for summer park program – costing several hundred dollars per trip to transport youngsters to different programs – surplus buses are available for prices ranging from $3,000 – $25,000 – spend that in one season – sent survey to seniors and #1 thing they are interested in is trips – spoke with Board of Education and Borough Administrator and feelings are it would be beneficial for us to investigate surplus bus purchase – could even be used by police in times of emergency – asked Borough Administrator to take lead on project; support hiring 25th officer, doing what is best for the residents of our town – police perform a great job.
Motion by Councilman Loughran, to hire an extra police officer in August for the year 2008, was seconded by Councilman Mercun.
Motion by Councilman Mercun, to open discussion for public comment, was seconded by Councilman DiCorcia.
VOTE: Council Members DiCorcia, Dixon, Cervino, Tooker, Loughran, Mercun…YEA
Dave Cavagnaro, 118 Parkway: safety is most important thing covered by taxes – doesn’t mind paying more taxes for an extra officer.
John Szafranski, 319 Yale Avenue: asked about status of State staffing survey (dispatched letter to DCA – will most likely take a year or so to get information – recurring situation, so will go forward with audit); Colts Neck has 22 police officers with total of 12,000 residents – Howell has 50,000 people with 97 police officers – review states that for every 1,000 people there should be 2.5 officers – lot of information needs to be looked at for police and other town employees, based on population, area covered and type of activities in town.
Anthony Lombardo, 309 Arnold Avenue: asked Council to defer action until it receives DCA survey results – Howell has 67 square miles with 97 officers – problem here is our uniqueness due to Boardwalk and 21 bars – if we divorce ourselves from that we would not need additional personnel (issue is whether or not to replace officer that retired in February – Chief has requested that Council make a decision so new officer can attend Police Academy in August) asked about contract negotiations (if cannot see eye to eye, go to arbitration).
Motion to hire new police officer in August was carried by the following roll call vote. VOTE: Council Members Dixon**, Tooker****, Loughran*****, Mercun******….YEA
Council Members DiCorcia*, Cervino***….NAY
*Councilman DiCorcia: like PBA to know they are going to get extra officer – was discussed in closed session; agree with Mr. Cavagnaro and Mr. Dispoto; was Chairman of Police Committee four times and served as a special police officer; have one of the best trained and educated forces in State – paid for by tax payers; have finest equipped small department of any in the State with 23 police vehicles, bike patrols and K9 unit; had 15 officers and 10 specials in 1969 – went to 17 in 1980 – still 17, in 1990, and continued to do an outstanding job, without talk about response time – went to 22 officers in 2000 and 26 in 2008 – currently at 24; throughout Ocean County the average is 2 police officers per 1,000 residents; haven’t heard from police or anyone else how many officers are needed to protect the safety and welfare of the residents of Point Pleasant Beach – time to do our homework and look elsewhere; people scared to death to ask police department these tough questions – spoke to former police chiefs and captains who say we’re over-stacked according to statistics and their experience; think department does an outstanding job, but cannot in good conscience, while facing a 25% tax increase, hire a new officer, who in 7 years will be making $118,000, at 4% average increase per year – have two officers making $90,000, $30,000 more than officers in New York City who make $60,000 from year 5 to the end of their careers; quoted Gerald L. Dorf, Esq., League of Labor Relations Counsel: “While we cannot fault police and fire unions from seeking further increases in wages and fringe benefits for the employees they represent, we have come a long way from underpaid police and fire personnel in this State and a balance must be restored” – it’s up to Governing Body to adjure legislature to sit down and change their ways; have to vote for silent majority of taxpayers.
Councilman Mercun: no vote was taken in closed session.
**Councilman Dixon: question is whether they need a 25th officer or not – lot of things involved besides money – willing to work with 2007 operating costs and give up an extra vehicle; gleaned from personal experience as a police officer, working with 3 officers on road is bare minimum, which is what they do here – typical motor vehicle accident will take two officers to handle – then only have one officer to cover rest of town – domestic violence calls take 2 to 3 hours of paperwork and need at least two officers, sometimes three – Cops in Schools, 2 officers – Neighborhood Watch, 2 officers – citizenry want someone downtown checking overtime parking and others checking speeds on certain streets – not enough manpower to do it; what happens if an officer is out on long time illness or injury – vacations happen, shifts need to be covered and that will cost overtime; all officers are getting better money throughout the state; interesting that so many officers are supporting this hiring, as it will negatively impact their overtime – they are here for safety reasons and the protection of this town; during summer, will have specials, who do a good job for less money, but who cannot do the same job as a full time officer; winter will show transients moving back into bungalows – also adding section 8 people in the hotels – week after week, residents come to Council meetings wanting more police visibility and more parking enforcement, want speeders stopped from going down their streets, want trucks prohibited from going past their houses, want idling buses and trucks ticketed, want safety-checks for transients in hotels, want quick emergency and first aid responses, want Cops in Schools, want more child safety programs, want cops to go after kids without helmets, want restaurants and bars checked at certain hours – if you want these things done, you need the manpower; starting officer pay will increase average tax bill by $25.
Borough Attorney Gertner: Councilman Dixon asked for an opinion on whether or not he should recuse himself from voting – being a member of the PBA globally, does not cause a conflict and he does not need to excuse himself from voting.
***Councilman Cervino: doesn’t mean 25th officer can’t be added at end of year instead of August; retired police personnel could perform more than adequately in the schools, which could free up one, if not both, of those officers – Cops in Schools was defeated in 2005 and think it should be looked at seriously; concerned about possibility that people are afraid to speak and about rumblings of a possible slowdown in response time and decrease in revenue.
****Councilwoman Tooker: was told there was an agreement made to keep force at 25 – don’t have enough information to change that decision – should perform study – don’t think we should change status quo without that additional information; police are Borough’s first responders; ‘Cops in Schools’ are not just there for emergencies, but building relationships with young people; bike patrol is unique to our town and really works; would like to have study and then go forward and plan for future.
*****Councilman Loughran: one of the determining factors that brings people to a town is the education and the other is safety – can’t put monetary value on safety – don’t know how valuable police services are until you need them.
****** Councilman Mercun: sat down with Chief to specifically discuss the necessity to replace the 25th officer, especially in light of the current budget crunch; had at least 25 officers since 2003 – patrol deployment was put together based on numbers; report requirements are now necessitated by legislation with respect to domestic violence complaints, juvenile complaints, processing juveniles, processing of adults, report writing; Attorney General guidelines on how Chief must operate his department is becoming increasingly burdensome, but State doesn’t want to pony up any money; police are the biggest part of budget in any town; should perform study, as it would be nice to have as more officers retire; Chief is executive officer of department and expect him to operate department at its highest standards – intent of Chief and other officers in support of hiring 25th officer has been to sacrifice self interest for the good of the force.
Mayor Barrella: thanked Council – been an enormous burden and difficult decision – everyone has made good points – going to press for DCA audit, as issue needs to be resolved – have obligation to taxpayers to get the number right.
Councilman Mercun: Open Space Committee has made recommendation that no action be taken with demolition of 29 Inlet Drive until season’s end; Sea Coast is atrocious – thought slats were a good interim measure until installation of vinyl fence, but its ugly – with all due deference, it was promised that Fire Department brush truck would be moved once gas tank was put on – bucket truck needs to be moved – boat needs to have decision made on it – property is not to be used as a dump – if used for emergency management, it will be enclosed – suggested erecting a stockade fence and removing those vehicles; need to acquire title to that property.
Councilman Cervino: erection of vinyl fence was always Council’s intention, though stockade fence is the way to go for now – if anyone can do it John Trout can – has put in a tremendous effort on his job – District 4 has had many issues and Seacoast Oil is just one more thing – need to acquire title and clean it up.
Mayor Barrella: appointed Mary Lynn Ritchings and Marilyn Madden to the Beautification Committee; requested that DCA perform Police Department staffing audit; spoke with Lisa Jackson, DEP Commissioner, about problems with acquiring permit to dredge Lake Louise – like IRS, one branch of DEP doesn’t talk to another – taking top down approach; County Engineer Frank Scarantino informed town that the County will make and install bicycle signs on County roads, once town has provided location list; discussion with number of mayors regarding shared services, which will affect us at every level of government, including police department, in the near future; asked why town vehicles idle for large amounts of time – with gas at $4/gallon, taxpayers can’t afford this; invited all to “Meet the Mayors” event on May 14th.
Administrator Riehl: Downtown Revitalization Project Phase III is essentially complete – awaiting final electric inspection before street lights are turned on; have two weeks to complete Boston Avenue drainage project; Borden’s Lot project is underway; road project, for Rosewood, Briarcliff and Ridgefield, is expected to bid in two weeks; paving today, at Public Works garage, and working on roof; hope to complete Sanborn Avenue project by June 20th; O’Donnell Stanton is very responsive – check in every day on progress and where they will be working.
PUBLIC PARTICIPATION PERIOD OPENED AT 9:48 PM
Joe Lemma, 203 St Louis Avenue: thank God for unions; been dumping on District 4 for over 10 years.
Sharon Cadalzo, 302 Atlantic Avenue: thanked Council for NPP resolution – grant to improve District 4 was cut from $525,000 to $225,000 and the money has to be spent by September 2009; County gave Borough $50,000 in CDBG funds – asked for push to get project finished by June 2009; Point Pleasant Beach is the first community in New Jersey to ever apply for bicycle friendly community status from League of American Bicyclists – eligible for up to $15,000 grant; Shade Tree Committee RFP due by end of week and covered by Department of Forestry Grant – need to appropriately look at trees and cover liability issues to the municipality; information about Community Endowment Fund will appear on web-site soon, giving residents information on who to contact to make a tax deductible contribution.
Lee Janning, 1023 Gowdy Avenue: had issues with popular vote being ignored and assumptions being made about school budget vote – 419 to 413 is about 25% of the voting public and that’s a mandate – can’t afford our town – if half the tax money is going to Board of Education and public says ‘no’ that needs to be respected – otherwise convoluting purpose of government; think police deserve what they got.
Anthony Lombardo, 309 Arnold Avenue: asked if anything was done about performance bond for builders building houses – was introduced by Councilman DiCicco along with 3rd floor apartment amnesty; hoped someone could take care of his problem – ordinance states how much fill can be brought in for an already established grade on a property – his property is being flooded out – also had problem with pile driving – sent certified letter and never had courtesy of an answer (engineer suggested grade be corrected and wall be built).
John Szafranski, 319 Yale Avenue: asked about status of Risden’s property (still reviewing contract; until Borough takes ownership of that property, Risden will continue to move ahead).
Dave Cavagnaro, 118 Parkway: on behalf of Beautification, thanked Public Works, especially Mr. Trout and Mr. Russell for mulch drop at garden spots; Lake of Lillies action plan was reviewed by Beautification and they support it – asked that Council allow Adopt-A-Spot group to move forward (have May 8th meeting with Princeton Hydro to start developing plan that judge needs); asked if Council reconsidered resident parking pass to encompass all property owners instead of just full time residents – asked that it be put on agenda for discussion at a Council meeting; realized it was done for good reason, but objected to ordinance being introduced at meeting without copies being made available to the public; asked Council to consider an ordinance regulating fire pits – don’t even have requirement for screening as a safety precaution.
Ben Dispoto, 311 Parkway: asked that dates for removal by owner be added to graffiti ordinance; doesn’t seem right that administrators, not living in school district, pay no tuition to send their children to the Beach schools, while teachers have to pay 1/2 tuition (contractual item); asked about town changing to July 1st fiscal year budget, tying it to both the State and School Board budgets; thanked Public Works for job done removing 1,000 pounds of trash after Maryland Avenue beach clean-up; thanked all for measured, considered decision on hiring additional officer in the Police Department – same process should be followed when making other decisions; suggested using green plastic on Sea Coast site fence, like along Boardwalk fencing – can put up in less than a day; gave Governing Body and Administrator kudos for actively pursuing shared services; asked why so many benches were placed by Foodtown and across the street – could be better utilized on Arnold Avenue.
Joe Lemma, 203 St. Louis Avenue: asked why Borough doesn’t install an ATM in Borough Hall (could be used for impound fees and posting bail).
Joe Bilotti, 101 Broadway: asked whether or not vote was taken in closed session (no vote was taken in closed session).
PUBLIC PARTICIPATION PERIOD ENDED AT 10:33 P.M.
The meeting was adjourned at 10:34 p.m.
