Borough of Point Pleasant Beach MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:36PM with Mayor Vogel and Councilmen Liotta, Loughran, Corbally, DiCicco, and Dyer present. Councilman DiCorcia was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.
Department Head Memos and correspondence were discussed and several items added to the agenda for action. Councilman DiCicco: would like input from Council and residents before moving on 2007 NJ DOT grant – concerned about maintaining control over public access kayak ramps at Lake Louise (Mayor Vogel: State would pay for bulk-heading with minimal intrusion of steps for kayak access; asked Administrator Riehl to follow up with Borough Engineer on which street end is the best) Councilman DiCicco: would like to convene meeting of lake advisory committee and reach out to Engineer Savacool; regarding Joe Spader’s letter about the Silver Lake fish kill, it was decided to have Borough Engineer coordinate with DEP to perform sediment and water testing.
Motion by Councilman DiCicco, to enter closed session to discuss litigation (3), contractual (2) and personnel (1) matters, was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer….YEA
Closed session started at 6:52 P.M. and ended at 7:25 P.M.
Mayor Vogel called the regular meeting to order at 7:30 P.M. Present were Council Members Liotta, Loughran, Corbally, DiCicco and Dyer. Councilman DiCorcia was 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 September 19, 2006, October 3, 2006 and October 17, 2006 Council meetings, was seconded by Councilman Dyer and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-36 (Municipal Stormwater Control) 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 Liotta and carried by the following roll call vote, Ordinance 2006-36 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-37 (Parking by High School & Handicap Spaces) 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 Dyer, seconded by Councilman Liotta and carried by the following roll call vote, Ordinance 2006-37 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-38 (Water Sewer Utility Bond) 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 2006-38 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-39 (Establish Shade Tree Advisory Committee) 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 Liotta and carried by the following roll call vote, Ordinance 2006-39 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-40 (Swimming Pool Setbacks & Coverage) was considered on second reading.
Jill Foster: asked why pools are being considered as impervious coverage – pools add to run-off and are a luxury (came about because of new stormwater regulations in which pools are perceived as catch basins – Council taking steps to protect residents because drainage plans must be approved by Borough Engineer).
Motion by Councilman Liotta, seconded by Councilman Dyer and carried by the following roll call vote, Ordinance 2006-40 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-42 (Comply with Municipal Stormwater Plan) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2006-42 was approved on first reading. The public hearing will be held on December 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-43 (Amend Ordinance 2006-29) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman Dyer and carried by the following roll call vote, Ordinance 2006-43 was approved on first reading. The public hearing will be held on December 5, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-44 (Multi-Purpose Bond) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2006-44 was approved on first reading. The public hearing will be held on December 19, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Ordinance 2006-45 (Establish Neighborhood Preservation Program Grant Coordinator Position) was introduced on first reading.
Motion by Councilman Liotta, seconded by Councilman DiCicco and carried by the following roll call vote, Ordinance 2006-45 was approved on first reading. The public hearing will be held on December 5, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco and Dyer….YEA
Mayor Vogel asked that sales tax payment on parking revenues be held (Attorney Gertner suggested that, at the risk of incurring interest, the money be placed in escrow); Clerk Ellsworth added several items to Consent Resolutions.
Motion by Councilman Liotta, seconded by Councilman Corbally, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Fourth Quarter payment to OCUA ($279,097.50)
b) Approval of Payrolls #22 ($334,366.72) and #23 ($209,167.82)
c) Pull-Tab Raffle License Application for St. Peter School PTA during 2007
d) Raffles License Applications (3) for St. Peter School PTA on 4/9/07
e) Payment of annual allocation to Point Peasant First Aid & Emergency Squad ($38,500)
f) Payment to Hewlett Packard for computer equipment ($22,725)
g) Payment to United Computer for computer upgrade/network services ($44,082)
h) Payments to Schoor DePalma from escrow accounts ($4783.29)
i) Payment to ICOP Digital for ICOP in-car systems ($19,791.40)
j) Payment to Rays Sport Shop for ammunition ($6227.17)
k) Approval of 2006 Capital Budget Amendment for sealing of municipal wells
l) Chapter 159 – Beautification
m) Payment of annual allocation to Point Peasant Beach Fire Co #2 ($14,000)
n) Payment of annual allocation to Ocean Fire Co #1 ($14,000)
o) Approval of ABC Social Affair Permit for PPB Fire Co #2 on 3/24/07
p) Raffles License Application for PPB Fire Co #2 Casino Night on 3/24/07 – waive municipal portion of application fee
q) Authorization for Mayor to execute contract with Thomas Scangarello & Assoc. for preparation of ‘Community Design Plan’
r) Payment to Galvin Law Firm for Board of Adjustment escrow acct ($625)
s) Bingo License Application for St. Peter School PTA for dates in 2007
t) Bingo License Application for St Peter Church for dates in 2007
u) P O to Tessco Technologies for Police communication equipment ($3556.76)
v) Payment to Metric Parking for service agreements ($9899.60)
w) Payment to Winner Ford for 2007 police cruiser ($20,070.13)
x) P O to CDWG for Xerox Phaser 8550DT ($1099)
y) Approval of 2006 Capital Budget Amendment for various projects
CONSENT RESOLUTION 2:
a) Authorization to accept ISTEA funds for Downtown Revitalization Phase III and for Mayor to execute agreement with NJ DOT
b) Authorization for Schoor DePalma to advertise bids for Downtown Revitalization Phase III
c) Authorization for PPB Chamber to use public meeting room on 11/28/06
d) Payment to Brick Utilities for October bulk water usage ($65,297.56)
e) Appointment of Ben Dispoto as Recycling Coordinator
f) Payment to Suplee, Clooney & Co for 2005 Audit ($22,250)
g) Payment to Quality Communications for Police computer equipment ($4295)
h) Payment to Schulmann Wiegman for Board of Adjustment escrow ($800)
i) Authorization to apply for local planning assistance from the NJ DOT LTA grant for Broadway bike and pedestrian
j) Approval of 2006 Capital Budget Amendment for various capital improvements
k) Transfer of funds between 2006 budget accounts
l) Authorization to advertise RFP’s for professional services for 2007
m) Payment of computer generated vouchers ($555,454.88)
n) Payment to R&H Spring & Truck Repair for snow plow and installation ($4931)
o) Refund tax overpayments to First American RE Tax Service ($6438.56)
p) Change of title to Supervisor Sanitation for Ned Martin
q) Raffles License Application for Booster Assoc on 2/1/07
r) Authorization to transfer funds between bank accounts
s) Approval of 2006/2007 Recreation Basketball Program Salaries
t) Approval of application for Lake and Stream Restoration Cleaning and De-Snagging Project for Lake Louise and authorization for Clerk, Mayor and Attorney to execute documents
u) Award of contract for Trenton Avenue Culvert Replacement to JWT Excavating, Inc ($24,183.09)
v) Payments to Schoor DePalma from escrow accounts ($12,013.75)
w) Payment to Rich Toledo from Board of Adjustment escrow acct ($1519.75)
x) Payment to Galvin Law Firm from Board of Adjustment accounts ($3115)
CONSENT RESOLUTION 3:
a) Payment to N J Treasurer for NJDEP Reg Fee for portable generator ($500)
b) Approval of Payroll #24 ($222,021.50)
c) HELD
d) Refund de-watering bond to Paradise Pools ($400)
e) Authorization to transfer funds between bank accounts
f) Authorize Schoor DePalma to proceed with Borden’s/Little League Lots Rehab Project
g) Renewal of Amusement Games Licenses for Jenkinson’s Pavilion (13)
h) Performance Bond Reduction – Ocean Ventures
i) Performance Bond Reduction – 25 Broadway Developers, LLC
j) P O to Air Power International air breathing system for fire dept ($9000)
k) Authorize service contract with Four Points for air conditioning/heating system ($668.75)
l) Approve Special Event Application for Ocean Running Club Reindeer Romp on 12/3/06
m) Authorize Schoor DePalma to apply for Environmental Infrastructure Trust Program Grant
n) Authorize Schoor DePalma to apply for NJ Dot Safe Routes to Schools Program Grant
o) Expand testing of Little Silver Lake to include both sediment and water testing
p) Authorization to submit permit for extension of water and sanitary sewer service
VOTE: Council Members Liotta, Loughran, Corbally (all items except Consent Resolution2/Item ‘t’), DiCicco, Dyer….YEA
Councilman Corbally (Consent Resolution2/Item ‘t’)….Abstain
Mayor Vogel: Governing Body has taken strong stance on State’s parking revenue sales tax, levied against municipalities – hopefully will be addressed once legislature is back in session; received $155,000 NJ DOT grant for repaving Sanborn Avenue; commended VFW for Veterans Day ceremony; attended PBA awards dinner – recognized several Point Pleasant Beach officers for acts of bravery and heroism as well as individuals who support the Police Department; spoke with Mayor of Manasquan and representatives from Brielle – making plans to host another boat parade in summer 2007; next ‘Meet the Mayor’ session will be Monday, at 8 pm; Chamber of Commerce will be hosting Christmas Tree lighting/Santa arrival on Friday along Bay Avenue.
COMMITTEE REPORTS:
Councilman Liotta: read appreciation letter to town employees and Chamber members for their efforts on the Manasquan Inlet Celebration; Court revenue through October is up $122,000 over last year and $67,000 over budget anticipation; meter revenues are $272,000 over budget anticipation and $171,000 over last year; there is currently a 3-hour time limit at Borden’s parking lot, except in the northeast corner – would like to allow 48-hour parking, so people who live over stores and employees of Arnold Avenue stores can park there, and truck parking on an overnight basis for $250/vehicle with limit of 5 vehicles per business – spoke with Chief about enforcement.
Motion by Councilman Liotta, to authorize Borough Attorney to draft permit/ time limit parking ordinance for Municipal parking lot behind Borden’s Stationers, was seconded by Councilman DiCicco and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, and Dyer….YEA
Councilman Loughran: discussed ordinance to control rental units – occupancy concerns, etc. – motels would be one part, rooming houses and yearly/seasonal rentals another – police calls to motels is magnified in winter – would require owner to get ID from those registering, allow police to view establishments’ registers, and require owners, of rental units, rooming houses, condos etc., to list occupants – would give Police and Code Enforcement the opportunity to know exactly what they are dealing with – many motels close to houses, schools and parks – not meant to put excessive burden on owner, but to ensure safety and well-being of residents and property owners – similar ordinances are in effect in other towns (Councilman DiCicco: would like Borough Attorney to check on constitutionality of police looking at hotel/motel register – don’t want to buy lawsuit; Councilman Dyer: have to show picture ID at many motels around the country: Mayor Vogel: risk worth taking – other municipalities have enacted this – none have been overturned or challenged successfully – may help to deter crime at the hotels).
Motion by Councilman Loughran, to authorize Borough Attorney to draft rental registration ordinances, was seconded by Councilman Liotta and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer….YEA
Mayor Vogel: Administrator of Red Bank claims ordinance is effective, not problematic, and to the betterment of their community.
Councilman Corbally: had great meeting with Engineer Savacool and Ocean County about River Avenue traffic issues – County will share costs with municipality.
Motion by Councilman DiCicco, to invite District 1 residents to an informational meeting about River Avenue traffic plan (should be advertised in “Ocean Star” as well), was seconded by Councilman Liotta and carried by the following roll call vote.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer….YEA.
Councilman Corbally: spoke with a different gentleman from NJ Transit, who will meet with us at site, about trains tripping gates – gentleman who originally agreed to move trains, did not have authority to do so.
Councilman DiCicco: much discussion about maintaining character of Point Pleasant Beach –tree-lined streets and the size of houses adds to this – formed Shade Tree Commission to review plantings – hired Planner, Thomas Scangarello, to begin analysis of architectural and streetscape details; attended flood plain management seminar – met with FEMA’s Pat Griggs and Mike Gardner on November 2nd – Ms. Griggs viewed town buildings – will issue letter of compliance with FEMA regulations, by end of November – will then move forward with Frank Little, who was hired to do a flood plain management plan, and invite Insurance Services Organization (ISO), who administers FEMA program, to go over details – May 2007 is the target – thanked Councilman Liotta for help with project; recently received flow metering study on I&I problem – an extensive report, contains recommendations for the construction phase of the project; getting close to olution on Lake Louise – authorized $488,000, through low-interest State loan, for dredging – waiting for final permit – fine tuning lake rehabilitation, including better public action – discussed available grants – will schedule meeting of Lake Advisory Committee regarding Lake Louise project.
Mayor Vogel: authorized Engineer to apply to Environmental Infrastructure Trust Program for funding to pay for I&I.
Councilman Dyer: this month, the Building Department issued six penalties for working without permits, 2 for failure of inspection, and 2 Animal House penalties; 207 New Jersey Avenue, a home that had burned, failed water inspection – must reapply for permit – house will be down within 48 hours of permit receipt – house was overcrowded, with people sleeping in small loft in sleeping bags – good thing they were out when fire occurred, because Fire department might not have found them; had a tremendous year with revenue up $431,000 – parking revenue is up $272,000 over budget anticipation.
Motion by Councilman Dyer, to amend resident parking program to authorize one pass per car instead of one pass to be shared by two cars, was seconded by Councilman Liotta and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer….YEA
PUBLIC PARTICIPATION PERIOD OPENED AT 8:25 P.M.
Rich Williams, 208 Washington Avenue: asked about ensuring cut-through for bicycles, if River Avenue traffic pattern changes (in the plans); new owner of house on corner of Washington and St. Louis Avenues is splitting the lot, spoiling the character; doesn’t like idea of requiring ID’s for motel occupants, from a civil liberties point-of-view – it’s intrusive (being considered due to large number of police callouts at motels).
David Cavagnaro, 118 Parkway: thanked Public Works for help with Beautification; asked about review of wish list for sprinklers (need bonding); asked about bubble-up at Niblick and Baltimore (putting in funding to address); suggested revitalization plan last meeting – asked for feedback – gave suggestions for annual resident survey; questioned ID at motels (would be required for person signing – names of other guests would be listed on register – for a seasonal rental, lessee and all staying there for an extended period must register – intent is to protect year round residents).
Max Gagnon, 304 Parkway: appreciate Councilman DiCicco’s work on I&I problem – asked for quick movement – cost town over $1M so far; should hold off on River Avenue, unless traffic study is done – had several cars drive into my building – people cutting across highway – State said they would not support stacking on highway (plans, on file in Administrator’s office, have been changed to avoid this); lot of work being done on Boardwalk without permits and inspections (Administrator Riehl: had Building Department check – no permit is required – it’s their section of Boardwalk, not Building Department jurisdiction) asked why they don’t need permit when we do – moved heavy machine down Boardwalk and broke through it – put ramp, on both Central and Forman Avenues, right over the old ramp – had several people working on five foot section from our Boardwalk to their building, stringings and pilings were decayed – put a couple of shims (Councilman Loughran asked that Building Department explain why they don’t need a building permit and send a copy to Mayor and Council).
John Szafranski, 319 Yale Avenue: regarding Boardwalk reconstruction in front of the restaurant, there was a crane running across our section on the ramps – public thoroughfare should be controlled by DEP or something – Mike Gardner said they don’t need a permit – falls in flood zone too (perhaps an ordinance is required – will have an answer/explanation by next meeting).
Kathleen Foley, 115 Randall Avenue: congratulated Ben Dispoto for Recycling Coordinator appointment – been working with Recycling Advisory Task Force for almost a year; gave Smart Growth handbook to Clerk Ellsworth to copy for Council; asked Councilman Dyer to clarify “failure to inspect” (didn’t apply for permit); don’t think people can make 90-degree right turn on River Avenue without coming to a complete stop, causing accidents with cars behind them – recommends making cars go to McLean and turn at light – professionals are not always best experts in local community.
Beth Gaelick, 210 Washington Avenue: for over ten years, followed newspaper coverage of Council’s discussion on dredging Lake of the Lillies – in that decade, watched the lake die because nothing’s been done – 5 years ago, engineering study, which cost $55,000.00, determined dredging is necessary to prevent total infill – Engineer concluded that Lake is extremely shallow and on verge of drying out entirely and explained that dredging would increase Lake’s stormwater storage capacity, resulting in better flood control during flood events, as well as increase wildlife habitat – in September 2003, witnessed massive fish kill which was the devastating result of years of neglect – situation had become too critical to put off dredging any longer, but, one year later, Mayor and Council decided to dredge, not Lake of the Lillies, but Lake Louise for the second time – Lake of the Lillies provides the greatest benefit to this community, is in the greatest need, but gets the “booby prize” – not dredging, but so-called “shoreline stabilization” or “beautification” plan – it is really “the shoreline destabilization” plan to accelerate the destruction and total elimination of Lake of the Lillies – killing its natural wetland vegetation for excavation will cause so much dirt to be washed into the lake, that even more areas of the lake bottom may become exposed permanently, certifying its demise – or, Plan B, skip excavation altogether and kill the natural vegetation with toxic, cancer-causing chemicals, which would speed-up our children’s demise as well – either option would do much more harm than good – nothing in that plan addresses the public safety issues of children who got rashes, deaths of wildlife and trees – no mention of concern to protect rare botanical species or reduced stormwater capacity and area flooding – US Fish and Wildlife Agreement requires that replanted areas be maintained for at least 10 years, which will just create another obstacle, adding to the list of excuses to continue the pattern and avoid dredging Lake of the Lillies – and the one benefit to the community of the most recent plan is that everyone would have a clear view of the once beautiful lake becoming a swamp – as a founding member of the non-profit, “Save Lake of the Lillies,” introduced petition, signed by 130 residents, demanding that Council abandon beautification plan and redirect efforts to dredge Lake of the Lillies.
Vince Castin, 15 Trenton Avenue: asked about ID’s and rental units (owner, renter and other inhabitants would have to register with town – responsibility of Realtor to pass along ordinance to renters); asked how often FEMA flood plain changes (about every ten years, with minor changes on an on-going basis); asked about plan for fence removal at Inlet (ongoing litigation, which Council is not a party to).
Ed Conklin, 213 Carter Avenue: passed a resolution in June to analyze water, mud and silt (at Lake of the Lillies) – asked for results (don’t have results – Council is limited as to details on the lake and what it can discuss because of litigation) has become clear that it is the town’s responsibility to restore the Lake to its natural condition – been very disappointed with what’s been accomplished during the last year – think its all lip service – lake is dying – Council is remiss if it doesn’t carry out its responsibilities.
PUBLIC PARTICIPATION PERIOD CLOSED AT 9:03 P.M.
The meeting was adjourned at 9:04 p.m.
Transcribed By:
Eileen Farrell and Maryann Ellsworth
Attest: Maryann Ellsworth, Municipal Clerk
