October 17, 2006

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:31 PM with Mayor Vogel and Councilmen Loughran, Corbally, DiCicco, Dyer and DiCorcia present. Councilman Liotta arrived at 6:38 PM. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department Head Memos and Correspondence were discussed with several items moved to Agenda for action; decided to address MC-2 zone placement in Code Book during Master Plan re-examination and to send a statement to both Boards and Professional Planner that it’s a one-property zone; Council clarified 101 New Jersey Avenue curb cut approval – resolution will reinforce with (Lands End Condo) Association that they may not eliminate any other spaces by painting curbs yellow and to restore spaces on Boston Avenue; decided to address Borden’s lot instead of DPW garage in Bond Ordinance and bond for additional DPW improvements next year – addition of Borden’s lot to Bond Ordinance would exceed capital budget threshold, and there is $200,000 in prior bond to begin DPW project; letter (Agate Construction) regarding Route 35 Bridge rehabilitation project, is simply informing Council of their intentions for temporary facilities, office trailers and parking; Clerk Ellsworth was directed to ask Chief DePolo for opinion on proposal to reverse Cramer Avenue traffic and to send preliminary letter to High School and area residents, asking for comments or concerns; regarding wetlands mapping for Little Silver Lake, Schoor DePalma is applying for permits, for possible action such as dredging or other restoration work; regarding last meeting’s presentation regarding Hydroscience remediation work at old Surf Chevrolet property, Engineer met with their representative and outlined 6 points necessary to grant approval; must hold off on public hearing on Ordinance 2006-36 due to a publication issue.

Motion by Councilman Liotta, to enter closed session to discuss litigation (2) and personnel (1) matters, was seconded by Councilman Dyer and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

Closed session started at 6:56 P.M. and ended at 7:34 P.M.

Mayor Vogel called the regular meeting to order at 7:39 P.M. Present were Council Members Liotta, Loughran, Corbally, DiCicco, Dyer and DiCorcia. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Ordinance 2006-35 (OPRA Fees for Extraordinary Services) 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 Corbally, seconded by Councilman Dyer and carried by the following roll call vote, Ordinance 2006-35 was adopted on second reading.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

Second Reading and Public Hearing of Ordinance 2006-36 was postponed until November 21st meeting due to a publication issue.

Ordinance 2006-37 (Parking by High School & Handicap Spaces) was introduced on first reading.
Motion by Councilman DiCorcia, seconded by Councilman Dyer and carried by the following roll call vote, Ordinance 2006-37 was approved on first reading. The public hearing will be held on November 21, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

Ordinance 2006-38 (Water Sewer Utility Bond) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman DiCorcia and carried by the following roll call vote, Ordinance 2006-38 was approved on first reading. The public hearing will be held on November 21, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

Ordinance 2006-39 (Establish Shade Tree Advisory Committee) was introduced on first reading.
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2006-39 was approved on first reading. The public hearing will be held on November 21, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

Ordinance 2006-40 (Swimming Pool – Setbacks & Coverage) was introduced on first reading.
Motion by Councilman Dyer, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2006-40 was approved on first reading. The public hearing will be held on November 21, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

Ordinance 2006-41 (Multi-Purpose Bond) was introduced, as amended, on first reading.
Motion by Councilman DiCicco, seconded by Councilman Corbally and carried by the following roll call vote, Ordinance 2006-41 was approved on first reading. The public hearing will be held on November 21, 2006.
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA

Clerk Ellsworth corrected and added several items to Consent Resolutions; David Cavagnaro, 118 Parkway: asked for clarification on consent resolution 1/item ‘c’ (due to ambiguity – no parameters); John Szafranski, Yale Avenue: questioned who is raising the fees in consent resolution 2/item ‘b’ (State of New Jersey).
Motion by Councilman DiCorcia, seconded by Councilman Dyer, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Authorization for Mayor to execute interlocal service agreements with County of
Ocean for 2007 DWI Checkpoint and FAST team
b) Approval of Payroll #21 ($266,640.22)
c) Authorize Borough Attorney and Planner to draft ordinance regarding residential uses above commercial uses in the MC and GC zones
d) Payment to Whitman Construction, LLC for roof repairs ($4721.50)
e) Payment to Dell for computers ($3209.80)
f) P O to Riggins for diesel fuel purchased thru County Coop Pricing System ($6088.52)
g) Approval of Chapter 159 – Recycling (2)
h) Approval of Chapter 159 – Cops in Shops
i) Approval of Chapter 159 – Beautification
j) Acceptance of 2005 audit report and corrective action plan
k) Payment of 4th Quarter Tax allocation to Ocean County ($1,424,156.90)
l) Payment to Point Pleasant Beach Parking Authority for 3rd installment ($36,667.00)
m) Payment of computer generated vouchers ($1,805,441.58)
n) Payment to Schoor Depalma from escrow acct ($123.25)
o) Payment to Schulman, Wiegmann from escrow ($551.95)
p) Rescind old & establish new petty cash funds
q) Dedication by Rider – Sales Tax
CONSENT RESOLUTION 2:
a) Opposition to the collection of sales tax on municipal parking revenues
b) Opposition to the increase in Games of Chance application fees
c) Payment to Firetec of commission for sale of old fire truck ($4500)
d) Progress Payment #1 to Earle Asphalt for work completed on CDBG curb and sidewalk improvements ($21,730.17)
e) Progress Payment #1 to Earle Asphalt for work completed on CDBG Riverside Place roadway improvements ($98,202.94)
f) Progress Payment #14 to Silagy Landscaping for work completed on Pleasure Park rehabilitation ($7,343.01)
g) Award of contract to Accredited Analytical Resources, LLC for sediment testing of Lake of the Lillies ($2466)
h) Raffles License Application for St Mary’s by the Sea Church on 2/20/07
i) Performance Bond Reduction 801 Orchard Avenue
j) P O for 2007 Chamber Guide Book Ad ($940)
k) Approval of September hand checks ($774,955.60)
l) Payment to Brick Utilities for September bulk water usage ($100,483.96)
m) Authorization for DPW to construct osprey towers at the 3 lakes
n) Payments to Galvin Law Firm from escrow accounts ($2345.25)
o) Authorization for extension of Broadway Bar and Grill ABC License, through 6/30/07, to Administratrix of the estate
p) Approval of Special Event Application for PPB HS Homecoming Parade on 11/22/06; approve O C road permit use application
q) Approval of Special Event Application for Kidney & Urology Foundation Walk on 5/6/07 with partial waiver of parking fees
r) Authorization for Schoor DePalma to proceed with wetland mapping
s) Approval of remedial clean-up at 1506 Richmond Ave subject to conditions outlined in 10/17/06 correspondence from Borough Engineer
t) Award of contract for 2007 Dump Truck to International Trucks
u) Authorization for Borough Administrator to advertise position NPP Coordinator position
v) Authorize Borough Attorney to draft ordinance creating NPP Grant Coordinator position
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA.

Mayor Vogel: requested that Freeholder Kelly, who’s in charge of County Engineering Department, send a representative to meet with and update residents on traffic, roadways and County projects – target date of October 31st at 7:30 PM – waiting for confirmation from County – to be published on town website and in local newspaper; received copy of correspondence from County Engineer to DOT requesting speed limit on Bay Avenue be reduced; he and Councilman DiCicco met with professional planner to continue Master Plan re-examination process – planner presented before Planning Board to advise them of their role; have planner working on tree ordinances and requirements for lot and housing sizes – provided Governing Body with copy of Belmar Ordinance regarding home sizes and lot coverage; had several Lake Committee meetings – waiting for testing results and further information from Engineer – have authorized sampling at Lake of the Lillies and a survey on Little Silver Lake – felt it best to hold off on public meetings until we have more information; ask that Governing Body review professional RFP requirements and contact him with any changes –want to take action at next meeting.

COMMITTEE REPORTS:

Councilman Liotta: will give Administrator list of those in town who helped with Inlet Celebration in order to thank them formally at next meeting; would like to simplify grading and drainage ordinance to simplify the procedure but guard the integrity of the intent to manage stormwater; hoping to have something to present at next meeting regarding possible expansion of town hall.

Councilman Loughran: Public Works has been very busy finishing up summer projects and getting ready for leaf pickup; asked Administrator Riehl to contact County about cleaning their storm drains.

Councilman Corbally: thanked Administrator Riehl for job on networking Borough Hall, Public Works and Water Department; met with Administrator Riehl, DOT and NJ Transit about gridlock while train is waiting at the station – investigating possibility of removing parking spaces on east side of Arnold Avenue to accommodate turning lane onto Route 35N – NJ Transit issued bulletin to train operators that northbound trains must clear sensor at Arnold Avenue to allow gates to come up – DOT will provide traffic volume data for intersections of Routes 35 North and South with Arnold Avenue in order for Schoor DePalma to provide a simulation of traffic signal options – DOT will also provide Schoor DePalma with traffic signal electrical plan for intersection of Route 35 South and Arnold Avenue – Schoor DePalma came up with three plans for River Avenue, one of which is workable and to which County is receptive – would have to be accepted by DOT (need preliminary County review before contacting residents).
Motion by Councilman Corbally, to have concept plan reviewed by DOT and County, was seconded by Councilman DiCorcia and carried by the following roll call vote:
VOTE: Council Members Liotta, Loughran, Corbally, DiCicco, Dyer, DiCorcia….YEA.

Councilman DiCicco: in March 2006, State passed a statute that requires juveniles under age 17 to wear a helmet while bicycling or serving as a passenger on a bike – Police Department has been educating and promoting helmet use and bike safety, and will put an enhanced enforcement program into effect – 1st offence will get a warning, 2nd will have seizure of bike with return to parent or guardian, 3rd will have summons issued with court appearance required – will be education with school system and SRO officers; introduced ordinance to create Shade Tree Advisory Committee, the first step to stopping the deforestation of Point Pleasant Beach – anyone interested should forward resume to Mayor; regarding I&I, Phase II, flow meter report, is done and should be received soon – next phase will be construction; thanked Administrator Riehl and Kathryn Beno for good audit report and rapid implementation of suggestions.

Councilman Dyer: on September 22nd a letter was sent to owner of 207 New Jersey Avenue about weeds and debris and owner was spoken to on September 29th – town cleaned up on October 4th and billed owner $375 – on September 28th, owner was sent letter to get permits to repair building – have until October 30th to respond – to date, no permits have been submitted; received complaints about loudness and duration of train horns at midnight and 5 AM (addressed with NJ Transit at October 11th meeting – it’s up to conductor); regarding pools and lot coverage, will consider at 50% coverage, as long as adhere to setbacks, drainage issues, and other building department regulations; invited public to attend Open Space Meeting at 7 PM on October 26th – excellent work done by Committee.

Councilman DiCorcia: wished Chief luck with bike safety program – do a great job at Antrim School; 10 street lights are still out – thanked Sgt. Otto for survey – Lynn Aber will fax to JCP&L; asked about status of lights on Arnold Avenue (done).

PUBLIC PARTICIPATION PERIOD OPENED AT 8:14 P.M.

Dave Cavagnaro, 118 Parkway: thanked Council for action on lights in town; have spoken before about Council taking lead on town revitalization, with theme and concept in mind – urged yearly meeting with Chamber – suggested yearly questionnaire to residents, as a progress report and asking for residents’ concerns – suggested student involvement in sprucing up school property – handed out paperwork and asked Council to look at outline for thoughts at next meeting; asked if bubble-up has been decided upon yet (asked Engineer to submit plan with costs); asked if there was feedback on pet friendly evacuation site (state legislation now requires same); never got notification of last special event walk (in “Ocean Star” and on public info radio –responsibility of event holder to notify residents – will have post-event meeting with Chief).

Ed Crawford, 407 River Avenue: thanked Councilman Corbally for efforts with DOT on River Avenue traffic plan – asked if this can be addressed with County Engineer Lotrecchio; traffic light by his house has been out for 3 months – called them 3 times.

Joe Lemma, 203 St. Louis Avenue: asked about cost factor of improvements at Borden’s Lot ($350,000 also includes improvements to lot at Little League field) – suggested installation of parking boxes there – parking signs say parking 9AM – 6PM and lot is well stocked after 6PM (majority of parkers in lot, work in the stores – meters were taken off Arnold Avenue, about 20 years ago, to encourage shopping downtown); asked about ATM machines on Boardwalk (did an RFP and did not get any responses).

Vincent Barrella, 116 Niblick Street: asked for a report from Police Department on bike helmet issue (Chief will issue updates) – suggested stationing a car in front of High School in the morning, when students are arriving at school, to hand out warnings and send home to parents, as well; good job with River Avenue – other streets, specifically in District 4, have issues and problems which need addressing; sent Mayor a copy of Hazelton ordinance on immigration – new legislature has put burden on local law enforcement; asked how many police officers have left since Sgt. Menzella (3 left/2 hired) – asked what happened to controlling Police Department budget through attrition.

Max Gagnon, 304 Parkway: spoke to Dr. Savage regarding schools’ inclusion on open space list – schools want to be taken off, because would need state approval for improvements made to schools, per our professional planner – Dr. Savage would like a letter to go to School Board, stating that the Governing Body does not object (premature – only coming up with preliminary plan; don’t think anyone would want to encumber Board of Education); asked that Council contact Jenkinsons about buying property adjacent to Risdens (not interested in selling).

John Szafranski, 319 Yale Avenue: New Jersey tourist revenue amounts to $32 billion – $3 billion goes to Ocean and Monmouth counties – appreciate resolution but brought up this parking tax, 3-4 years ago – think resolution is well written and covers everything, but took 3 years to get it; asked town to review tourist development fee presently used in Wildwood – spoke to senator’s office – convention center being used for so many activities – was told if Council would make proposal, he thinks it could be enacted for this town (have firm doing tourism study, so when we ask for money will have facts and figures; Wildwood money can only be used to promote tourism and not to offset taxes – money is earmarked and state audits same); asked for status of pay to play (adhering to state pay to play law and requirements).

PUBLIC PARTICIPATION PERIOD CLOSED AT 8:41 P.M.

The meeting was adjourned at 8:42 p.m.

Transcribed By:
Eileen Farrell and Maryann Ellsworth
Attest: Maryann Ellsworth, Municipal Clerk