November 20, 2007

COUNCIL MINUTES

The Mayor and Council of Point Pleasant Beach met at 6:37 P.M. with Mayor Vogel and Councilman Loughran, Corbally, and DiCicco present. Councilmen Mercun, Dixon, and DiCorcia were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department Head memos and correspondence were discussed with many items moved to agenda for action; Council consensus was to hold off on establishing hearing date for Wharfside ABC License Transfer/Expansion until after January’s reorganization meeting; Council consensus was to add bench application to bottom of current wait list.

Motion by Councilman Corbally to enter closed session to discuss (2) contractual (property acquisition and lease agreement), (1) litigation (PBA contract), and (2) personnel matters, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Councilman Loughran, Corbally, DiCicco…YEA

Closed session started 6:48 P.M. and ended at 7:16 P.M.

Mayor Vogel called the regular meeting to order at 7:30 P.M. Present were Council Members Loughran, Corbally, and DiCicco. Councilmen Mercun, Dixon, and DiCorcia were absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Corbally to approve the minutes of the October 16, 2007 Council meeting, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Councilmen Corbally, DiCicco…YEA
Councilman Loughran…ABSTAIN

Ordinance 2007-24 (Handicap Parking Space) 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 DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2007-24 was adopted on second reading.
VOTE: Councilman Loughran, Corbally, DiCicco…YEA

Ordinance 2007-25 (Bingo and Raffle License Issuing Authority) 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 DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2007-25 was adopted on second reading.
VOTE: Councilman Loughran, Corbally, DiCicco…YEA

Ordinance 2007-26 (Land Acquisition Bond) was introduced on first reading. Mayor Vogel explained that this allows for the purchase of the property at the Inlet between Loughran Point and the parking lot under the Open Space Plan.
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2007-26 was approved on first reading. The public hearing will be held on December 4, 2007.
VOTE: Councilman Loughran*, Corbally, DiCicco…YEA
* Councilman Loughran: although voted yes for introduction, have concerns with this – think the public should have an opportunity to voice their opinions.

Clerk Ellsworth added several items to Consent Resolution 4; Dave Cavagnaro, 118 Parkway: asked for explanation of Consent Resolution 4, items ‘bb’and ‘cc’ (Luca program is an update of census addresses).
Motion by Councilman Corbally, seconded by Councilman DiCicco, resolutions listed below were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Authorization to advertise RFP’s for professional services for 2008
b) Salary Adjustment for James Broyles for passage of course leading to certification
c) Payments to CME from developer escrow accounts ($6,361.70)
d) Approval of Payroll #22 ($221,525.01) and Payroll #23 ($226,110.99)
e) Payment to Bruce Scott for 1997 Ford E350 with Versalift bucket ($6600)
f) P O to Edmunds for software and services for water/sewer work order program ($8340)
g) P O to ESI Equipment for Holmatro Rescue Systems mini cutter ($2253)
h) Payment to ESI Equipment for CORE combination tool, mini pump and hoses ($10,809)
i) Payment to ESI Equipment for CORE conversion kit and valves ($2681)
j) Payment to MCH Equipment for fire gear washer/extractor and dryers ($6,941)
k) Payments to Schoor Depalma from Board of Adjustment escrow accts ($4406.25)
l) Payment to Galvin Law Firm from Board of Adjustment escrow ($32.50)
m) Payment to Schulman, Wiegmann from Board of Adjustment escrow ($225)
n) Raffles License Application for St. Peter School PTA on 11/30/07
o) Raffles License Application for PPB Chapter of UNICO
p) Raffles License Application for Point Pleasant Woman’s Club on 5/31/08
q) Raffles License Applications (3) for St. Peter School PTA on 3/24/08
r) Raffles License Application for St. Peter School PTA on 1/14/08, 4/21/08 & 5/19/08
s) Memorialize award of contract for mold remediation and repairs at Borough Hall to Mr. Mold and rescind award to Nighthawk
t) Authorization for Borough Attorney to draft ordinance creating a 15 minute limit parking zone in front of Mueller’s Bakery on Ocean Avenue
u) Raffles License Application for St. Peter School PTA for pull tab license
v) P O to Motorola for radio and software for fire truck ($5731.20)
w) Payment of 4th qtr installment to OCUA ($290,235)
CONSENT RESOLUTION 2:
a) P O to Dell for laptop computer and projector for training ($1872.43)
b) P O to RSI Fire for intercom system for fire truck ($5,177)
c) P O to ESI Equipment for extraction forcible entry tools ($9947)
d) Payments to Galvin Law Firm from Bd of Adjustment accts ($3202.50)
e) Authorize transfer of interest from escrow accts to collectors acct ($8944.99)
f) Bingo Application for St. Peters Church for dates in 2008
g) Bingo Application for St. Peter School PTA for dates in 2008
h) Transfer outside police work vehicle usage fees from trust acct to collectors acct
i) Payment to Sirennet.com for lights & equipment for fire truck ($2370.10)
j) Payment to Mr. Mold for mold remediation at Boro hall ($9575)
k) P O to Warnock Fleet for 2008 police interceptor ($21,162.79)
l) Payment to Warnock Fleet for 2007 police interceptor ($20,512.79)
m) Progress Payment #3 to F&P Cont for work on downtown revitalization ($89,565.14)
n) Approval of computer generated vouchers ($1,641,128.19)
o) Payment to Riggins for diesel fuel ($8387.95)
p) Payment to Pedroni Fuel for no-lead gasoline ($21,349.32)
q) Payment to Mr. Mold for mold remediation in Police Dept ($9000)
r) Payment to Falkinburg’s Tree Expert for tree pruning & removal ($7800)
s) Payment to Aggressive Ind for handicap access decking ($3851.60)
t) Authorization to shred unused checks from old accounts
u) P O to United Computer for police server to back-up exchange server ($2668)
v) Progress Payment #1 to U S Tank Painting for water tower rehabilitation ($89,572)
w) Payment to Schulman, Wiegmann from Board of Adjustment escrow ($225)
x) Scheduled Payment to PPB Board of Education ($774,676)
y) Payment to Waterway for hose testing ($3345)
z) Payment to Horizon BCBS for employee health benefits ($119,873.20)
CONSENT RESOLUTION 3:
a) Payment to Ocean County for added & omitted assessments ($4834.34)
b) Payment to Lincoln Service for scooters with refuse tippers ($59,478)
c) P O to CDW-G Inc for ruggedized computer ($4220.31)
d) P O to Dell for 3 ‘Slim Tower’ XP ($2348.97)
e) P O to All Hands Fire Equip for Telelite portable generators ($3672)
CONSENT RESOLUTION 4:
a) Payment to Eagle Point for police ammunition ($2,063)
b) Payment to DeCotiis for EIT Bond Services ($9719.21)
c) Payment to Schoor Depalma from Planning Board escrow ($2812.50)
d) Payment to Madnick Milstein from Planning Board escrow ($1950)
e) Payment to Fire & Safety Services for fire truck repair ($4937.63)
f) Raffles License Application for PPB Booster Assoc on 3/19/08
g) Payment to Four Point for a/c & heat maintenance contract monthly install ($66.50)
h) Payment to A. Baily for repair to drain valve ($269)
i) Payment to Mumford-Bjorkman Assoc for waterspheroid rehab ($3150)
j) Payment to ‘A Vision in Motion’ for MAC underage drinking program ($1400)
k) Payment to PPB Board of Education through MAC for Red Ribbon week supplies
($527.22)
l) Payment to Metric Parking for on site service agreement, Oct – March ($6689.60)
m) Payment to Point Pleasant for checks received and deposited in error ($3238.47)
n) Payments to CME Assoc from escrow accts ($1318.39)
o) Payment to Nighthawk for mold remediation ($3800)
p) Oppose Public Safety Employer/Employee Cooperation Act impacting volunteer fire companies
q) Approve shared service agreement with Point Pleasant for roadway improvements to Briarcliff and Rosewood Avenues
r) Transfer of funds between 2007 budget accounts
s) Authorization to transfer Public Assistance Trust account to Provident Bank
t) Authorization to open bank account for Community Endowment Fund
u) Approval of hand checks for the months of September, October & November ($67,788.66)
v) Approval of Payroll 24 ($228,562.16)
w) P O to PPB Music Parents Association for Holiday Wreaths for Boro Hall ($75)
x) Approval of curb cut request for 314 Niblick Street
y) Authorization for issuance of store credit cards, with a limit of $500, to be utilized by the Beautification and Municipal Alliance Committees
z) Authorization for CME Associates to proceed with DPW Site improvement project ($35,000)
aa) Authorization for CME Associates to proceed with New York Ave roadway improvement project ($37,400)
bb) Appointment of the Municipal Clerk to act as liaison for the 2010 Census LUCA program – Closed Session Item
cc) Appointment of the Tax Assessor to act as reviewer for the 2010 Census LUCA program – Closed Session Item
VOTE: Councilmen Loughran, Corbally, DiCicco…YEA

Mayor Vogel: sad to report the passing of Marion Coulter, who was the Parking Authority Secretary for over 30 years; asked Chief DePolo to put together a brief forum next Monday, at 7:30 pm, on what the Police Department is doing regarding gang activities; appointed Sharon Cadalzo to Environmental Commission – thanked her for NPP meeting; resolution done by the County that allowed the speed limit on Ocean Avenue to be reduced to 30 mph – hope to continue to see relief from the County in reducing the speed limits; received memo, from the NJ DOT Office of Maritime Resources, regarding a possible regional/local meeting on dredge materials – asked that Administrator Riehl respond to DOT that she will attend on behalf of Governing Body.

Councilman Loughran: congratulated the Golden Elks Pop Warner Team and Pee Wee’s who won the Eastern Regional Championship this past weekend – the team will be heading to Florida to compete in another competition – at a later date would like to award them a proclamation on their accomplishments; Public Works is well into leaf collection – asked that residents keep their cars away from the leaf piles in the street; asked for update on Boardwalk repair survey; wished all a Happy Thanksgiving.

Councilman Corbally: congratulated Mayor-Elect Vince Barrella, Councilwoman-Elect Christine Tooker, and Councilman-Elect Ray Cervino – wished them luck; wished all a Happy Thanksgiving.

Councilman DiCicco: daughter is a high school senior and has a course in government – in looking in her books I read some of the work of Political Theorist John Locke who stated "New opinions are suspected and usually opposed, without any reason, but because they are not already common" – I look forward to the newly elected members of the Governing Body’s ideas – they care much about the town – feel the town is in good hands.

Mayor Vogel: Annual Christmas tree lighting is this Friday on Bay Avenue, just south of Laurel Avenue at 5:30 P.M.

Administrator Riehl: we had the bid opening for the sanitary sewer improvements for the I & I – should have an award for this project at the next meeting; County has agreed when they pave River Avenue to go all the way to Cedar Avenue; we have finished with the mold remediation at Borough Hall; the drums were removed from the Sea Coast Oil Site and the dirt should be picked up within the next week.

PUBLIC PARTICIPATION PERIOD OPENED AT 7:44 P.M.

Dave Cavagnaro, 118 Parkway: on behalf of Beautification want to thank the Fire Companies for lighting the trees at the Park Garden between Route 35 South and River Avenue – Fire Department spent hours on 3 different occasions to string the lights.

Scott Ingenito, 1101 Gowdy Avenue, Point Pleasant: several weeks ago I reached out to town officials regarding commercial business in residential home – 1026 Gowdy Avenue is set up as a residential home, the accessory building, 1028 Gowdy Avenue, is a Pilates and Massage Center – brings traffic as early as 6 A.M. and as late as 9 P.M. – recently brought this to the attention of Code Enforcement Officer Petrillo who told me this business could be there, but could appeal to the Board of Adjustment – Borough Attorney told me the Zoning Officer is an autonomous entity and could bring the appeal to Board of Adjustment – this business’s existence violates several town ordinances – can anyone with a residential home in Point Pleasant Beach do this? – asked that the Governing Body address this situation.
Attorney Starkey: I think you accurately recounted my discussion – when a Zoning Officer makes a ruling, the procedure to challenge that ruling is to file an appeal with the Zoning Board of Adjustment – I was not trying to give you the run around, but trying to point you in the proper direction for you to seek relief, or a ruling, on the issues that you raised – I continue to believe that is the proper procedure, because the Zoning Officer is somewhat autonomous in that she doesn’t report to this Body for approval of her rulings – the Body she reports to, and who has jurisdiction over her, is the Zoning Board of Adjustment which does have the authority to review her determinations – I respectfully suggest that is the direction you might want to consider, but you certainly are free to voice your opinions to this Body as well.
Scott Ingenito: I attended one of the Board of Adjustment meetings and they gave me the feeling I was in the wrong place – I feel like everything I follow up on is a dead end.

Joe Lemma, 203 St. Louis Avenue: complimented Sandra Petersen and Maryann Ellsworth – finally got my transcription right.

Ben Dispoto, 311 Parkway: asked if the speed limit is different on Arnold Avenue east and west of tracks (seasonally) – east of St. Louis on Arnold Avenue there is a 35 mph sign (County responsible for changing – Administrator Riehl will follow-up).

PUBLIC PARTICIPATION PERIOD ENDED AT 7:53 P.M.

The meeting was adjourned at 7:54 P.M.