MINUTES
The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35 PM with Mayor Barrella and Council Members DiCorcia, Dixon, Tooker, Loughran, and Mercun present. Councilman Cervino was absent. 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; Councilwoman Tooker: should limit number of special events in town altogether – Mayor Barrella asked Councilmen DiCorcia and Loughran for recommendations by November 18th or first meeting in December, on a formal policy to which event organizers must adhere; Borough Attorney Gertner: addressed Council, on behalf of Councilman Cervino, about parsonages, from a tax standpoint, and asked Council to authorize the drafting of an ordinance, similar to one recently passed in Point Pleasant – explained that main site of a House of Worship does not have to be in the town in which the parsonage is located – qualified religious institutions are allowed two parsonages, which are property-tax exempt, anywhere in the state – there are currently 8 parsonages in the Borough, all related to existing Borough churches – Councilman Cervino would like to reach out to pre-existing parsonages for input and report to Planning Board for further discussion to move this along – must ensure that those affected are aware – if insufficient input, will defer ordinance to first meeting in December; Administrator Riehl: Municipal Energy Audit program is a 75%/25% grant – town will receive 25% reimbursement only if their recommended energy efficiency improvements are installed (Mayor Barrella asked for information on cost – if advisable, can bring it up again on November 18th; Councilwoman Tooker: attending workshop that teaches how to do this through the Cool Cities Program – may be able to do it ourselves).
Mayor Barrella invited public comments on special events; Beverly McDonald, 206 Laurel Court: lives by band shell – requested that events be limited – can’t get out of her driveway – was awakened two Sunday mornings in a row with blaring music – will get petitions if necessary – should allow local organizations only.
Councilman Mercun: addressed correspondence from Reds Lobster Pot regarding ABC ordinance – asked Council to revisit statute and give town authorization to evaluate applications on a case-by-case basis; Mayor Barrella asked that Councilmen Mercun and Cervino review; Councilman Mercun: Clerk Ellsworth provided necessary information – will touch base with Attorney Gertner and come back to Council with a proposal.
Mayor Barrella: Parking Committee is seeking a moratorium on the sale of resident parking permits until a more comprehensive plan can be developed – asked that this moratorium be adopted – also asked for authorization for Borough Attorney to draft, for introduction at next Council meeting, an amendment to the ordinance dealing with train station lot – to continue to avail residents of parking permits to be used only at the train station. No objection.
Motion by Councilman Mercun, to enter closed session to discuss 2 personnel, 1 litigation and 2 contractual matters, was seconded by Councilman Loughran and carried by the following roll call vote:
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Closed session started at 7:01 P.M. and ended at 7:25 P.M.
Mayor Barrella called the regular meeting to order at 7:30 P.M. Present were Council Members DiCorcia, Dixon, Tooker, Loughran and Mercun. Councilman Cervino was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.
Beautification Committee Chairperson Sandra Pasola made presentations to John Bezerra of Europa South Restaurant, John Veprek of Point Pleasant Elks Lodge #1698, Paul Bonsper of Point Beach Interiors, Superintendent John Trout and the Point Pleasant Beach Public Works Department,
Ordinance 2008-42 (Prohibit Single Family in GC Zone) was considered on second reading. Mayor Barrella opened hearing to the public.
Marita Decos, American Legion: asked how this ordinance would affect her house (single-family houses would become a prohibited use in that zone; as long as homes continue in their current use, they would be grand-fathered as pre-existing use – if burned and had to rebuild, would have to apply to the Board of Adjustment for a variance – would need a variance to remodel as would expand a non-conforming use – two-family is not legal in that zone – would need a variance for that in any event).
John Jackson (King, Kitrick & Jackson), on behalf of 615 Bay Avenue Associates: client owns several lots along Trenton Avenue, directly across from High School, two of which are incorporated into the General Commercial zone – had asked the Planning Board to recommend moving the SF5 zone line to the east, so there could be residences on Trenton Avenue, 101 feet from the corner of Bay Avenue, and so there wouldn’t be business district right in front of the High School – it would then mirror the way things are laid out other side of High School, on Forman Avenue – asked that Council adopt and follow the recommendation of the Planning Board, as it relates to these two lots – showed a picture showing exactly where the zone line would be moved to.
Anthony Zarrilli: building house at 331 Richmond: asked if this ordinance would affect the completion of this home (that location is in the HC zone).
Marita Decos, American Legion Way: asked why this section is being amended (Highway Commercial and Marine Commercial districts do not permit Single Family Residential – this is simply making it consistent.)
Motion by Councilman Mercun, to close public hearing and adopt Ordinance 2008-42, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
Ordinance 2008-54 (Change in zone demarcation between GC and SF5 zones) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilman Loughran and carried by the following roll call vote, Ordinance 2008-54 was approved on first reading. The public hearing date will be determined and advertised.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun….YEA
Ordinance 2008-46 (15 minute parking zone near Bagel Bitez/Ocean Ave) was considered on second reading.
Councilman Dixon: Council’s intention was to put spot in front of store, but it’s 30′ away – don’t think it will benefit business as was originally intended – received complaints from residents about lack of parking for homes there (couldn’t put in front of store due to intersection).
Mayor Barrella opened hearing to the public.
Chuck Venedam, Brunswick Place: understood sign would go up after second reading and adoption, but it’s already there (more efficient use of manpower to do at the same time as Mueller’s sign) – limited parking from Water Street to Homestead Avenue, with 46 homes there and only 3 have parking on their property – have been dealing with it – store tenants should have known there was no parking – no reason tenants should have more clout than residents – store gets business from renters in summer and there’s plenty of room to park in the winter – asked Council to reconsider.
Mary Steiner, Yale Avenue: suggested explaining situation to business owner, who lives in town.
Kathleen Foley, Randall Avenue: appreciate complaints from residents – parking is gold in that area – most homes do not have parking areas.
Councilwoman Tooker: intention was promotion of these businesses – they have a high failure rate there – just trying to help a business stay for more than a year.
Mayor Barrella: makes sense to help businesses – request was made and it made sense to entertain – look at Manasquan with all their 15 minute parking spots.
Motion by Councilman Mercun, to close hearing and adopt Ordinance 2008-46, was seconded by Councilwoman Tooker and defeated by the following roll call vote.
VOTE: Councilwoman Tooker….YEA
Councilmen DiCorcia, Dixon*, Loughran, Mercun….NAY
*Councilman Dixon: would have no problem if the spot was in front of the store and believe police will exercise discretion if patrons park in yellow curb area for a few minutes to run in and out of store.
Ordinance 2008-47 (Recycling Regulations) was considered on second reading. Mayor Barrella opened hearing to the public.
Kathleen Foley, Randall Avenue: needs to be user-friendly to encourage participation, thus providing more money – plastic container definition needs to be reworded – believe County only accepts #1 and #2 plastic containers with opening smaller than the body – putting in container with lids problematic, never had to be lids before – w/o lid makes it easier to discern what’s inside, especially during summer in area where there is daily garbage pick-up – it also says plastic bags and 5-gallon pails are prohibited – meant to prohibit pick-up of these items, but wording is confusing – also says receptacles must have proper labeling – should be removed as some residents use the same container, one day for trash and another for recycling or mixed paper – last line is confusing – says cans must be placed at the curb regardless of whether any recyclable materials are available for collection – why put to curb if container is empty?
Ben Dispoto, Parkway: thanked Council, Code Enforcement and Public Works for work on this ordinances – 5-gallon containers can’t be recycled – those containers and plastic bags jam up the machinery at the County facility – lids are preferred by the County to keep paper product dry, as process is easier if product is dry.
Motion by Councilwoman Tooker, seconded by Councilman Loughran and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2008-47.
Councilman DiCorcia: Mr. Bassinder has supported this town in many ways over the years and can’t believe that he would personally turn his back on the recycling problem in town – society’s #1 problem is the lack of communication – asked if he’s been contacted personally.
Councilwoman Tooker: since becoming task force liaison in January, been trying to systematically reach each business to get them in compliance with recycling, which has been State law for over 20 years – was virtually nothing being recycled at the Boardwalk – tried to get meetings right away with Jenkinsons and Martell’s – Jenkinsons jumped right on board, hiring a person to coordinate their efforts and set-up infrastructure, with a program in place for summer season – contacted Martell’s many times and were not even able to meet with them – now that its out there, Mr. Bassinder called me at home this weekend and we have a meeting next week – maybe it took a little public pressure to finally get this going – been diligently trying to help businesses get on board with recycling instead of just fining them.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun….YEA.
Ordinance 2008-48 (1000-1002 Ocean Avenue land Acquisition Bond) was considered on second reading.
Councilman Mercun: along with the Mayor and Borough Attorney, met with DEP today – thanked Attorney Gertner for getting interview before tonight’s meeting – met with Cathy Croes and Kevin Kozlowski of Green Acres – stated that I would vote “No” if town could not generate revenue – confirmed, with Green Acres, that town could use open space money and still generate revenue – was told that town is eligible for 50% funding from Green Acres, as purchase is directly tied into recreation – will not receive it in one check – can charge for parking and bath house and even lease out concessions including food – once money generated goes back into Open Space Fund, can use for any other open space including restoration of Lake of the Lillies – Green Acres did ask that they be shown fee schedules.
Mayor Barrella opened hearing to the public.
Kristen Hennessy, New Jersey Avenue: asked if purchase would cost only $1.5M (still have to bond in full – DEP will give us back $1.5M – will be subject to state funding of Green Acres, as they are giving it to town over several years) – commended Council’s work.
Dave Cavagnaro, Parkway: commended Councilman Loughran’s tenacity and hard work.
Motion by Councilman Mercun, to close public hearing and adopt Ordinance 2008-48, was seconded by Councilman Loughran and carried by the following roll call vote.
VOTE: Council Members DiCorcia, Dixon*, Tooker, Loughran**, Mercun***….YEA
*Councilman Dixon: spoke with Councilman Mercun earlier today and he relayed all the information he shared tonight – if questions had been answered earlier, not at the 23rd hour, would not have had to voice all the objections that I did at the last meeting.
**Councilman Loughran: thanked all on Council, especially Councilman Mercun, Mayor Barrella and Attorney Gertner – many governing bodies have been criticized about not buying oceanfront property – hope this is the first step to getting into the beach business – respect Councilman Dixon and his vote now that he has the facts in front of him – thanked Anne Lightburn for supporting Open Space – important that public knows how this is being funded, contrary to fallacy being touted in political propaganda.
***Councilman Mercun: thanked Open Space including Anne Lightburn, Max Gagnon and Dave Cavagnaro – thanked Mike Loughran for bringing forward and John Dixon for his questions – the Mayor and I were on same wavelength – wanted to make sure this property could do more than just sit there – important to realize that this Council will work together to get things done – no such thing as Democrat or Republican on local level.
Mayor Barrella: thanked Attorney Gertner for setting up meeting with Green Acres – without it, Councilman Mercun’s vote was in danger – Green Acres money was never in the equation – getting Green Acres money will make it a money-maker, early on, for the Open Space Fund – thanked Councilman Loughran and Joe Lemma, who is a zealot for open space.
Ordinance 2008-49 (Amend Ordinance 2008-37) was considered on second reading. The public hearing was opened and held with no member of the public wishing to be heard.
Motion by Councilman Mercun, seconded by Councilman DiCorcia and carried by the following roll call vote, to close the public hearing and adopt Ordinance 2008-49.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun….YEA
Ordinance 2008-51 (Parking of Bicycles) was considered on second reading. Mayor Barrella opened the public hearing.
Dave Cavagnaro, Parkway: asked that Council vote “No” – ordinance targets specific area, small problem – discriminatory – town has obligation to provide parking racks and hasn’t been done yet – that obligation should be met before targeting any section – current ordinance prohibits riding bikes on sidewalks, yet bikes ride downtown on sidewalks all the time – one more ordinance that will be enforced selectively – should be looking at proactive methods to educate people first – if it doesn’t work, revisit the issue.
Vince Castin, Trenton Avenue: agree with Mr. Cavagnaro that this is targeting – need more bike racks – at school there are bike racks with bikes strewn all over – asked if these students were going to be fined $25 each – education is the key – asked Council to reconsider.
Kitty Phillip, Channel Drive: rides bike frequently instead of using car – also rides bike to train station – majority of people who do this, do it out of necessity, not choice like myself – hardship, because they must also do so in inclement weather – NJ Transit re-did their station 10 years ago, with no cover for bike racks – when called, they claimed there was nothing they could do – in this day and age, with greenhouse effect, people should be encouraged to ride their bikes – they’ll have to find police station, walk there and may not have the $25 to get their bike – one negative impact after another if their bikes are impounded – those who ride bikes should be encouraged – asked town to consider building lean-tos to house bicycle racks.
Mayor Barrella: bike racks are not being utilized, with bikes lashed to poles and trees in the train station area – will not take place for 30 days, after adoption – Police Chief and Ms. Cadalzo will be posting notices in both English and Spanish.
Patrice Knight, West Street: bikes are being put in the racks the wrong way – so bikes are holding only 2 bikes to each rack instead of eight (could add proper use of racks to notices) – racks are not permanently affixed (racks installed by NJ Transit will be set in concrete).
Mary Steiner, Yale Avenue: when I went down there, every bike rack was being used and bikes were also tied to poles – asked if anyone checked with NJ Transit as to when racks being put in – should put notice on metal stand so population throughout the whole year will be aware of this ordinance – bike racks should be installed before the ordinance is put into place.
Kathleen Foley, Randall Avenue: town is a ‘Cool Cities’ partner – bike riding alleviates greenhouse gases and use of fossil fuels which can also irritate asthma conditions and other breathing problems – asked if there are sufficient bike racks at all places mentioned in ordinance – asked what will happen when bike racks are full and how enforcement officers will know if the rack was at full capacity when rider arrived – with traffic conditions the way they are, town should be doing all it can to encourage bike riding – other countries and towns flood their communities with free bicycles for people to use wherever they see fit – asked about using more user friendly bike racks.
Marilyn Madden, Philadelphia Avenue: oppose ordinance – go in any art store at shore and you’ll see bikes tied to trees – must educate young people on how to ride bikes – ride several abreast down center of road and are on their phones or texting (agree, but this ordinance and education are not mutually exclusive – must provide more education on bicycle safety and etiquette).
Pete Brenner, Forman Avenue: asked Council to vote “No” – solving wrong problem, there is not enough bicycle riding in town – however, people are idling their cars while running into stores – will discourage bike riding while town should be encouraging it – couple of populations, including summer people, who will not know of these regulations – also have a seasonal population that may not speak English – second thing is enforcement will cost money – need enforcement person to find and impound bikes – need someone to give bikes back to people and take fine and to go to bank with fines – third thing is that people who ride bikes are going to be fined, effectively a bike rider tax – bike riders are helping the community – taxing the wrong people.
Jay Reynolds, Long Point Lane: agree with other speakers – if bike riding is discouraged, going to encourage more traffic and need for more parking spots – asked Council to vote “No” – trying to go green, save gas, alleviate parking and traffic issues – should be bike-friendly and keep going after bike lanes.
Kristen Hennessy, New Jersey Avenue: heard both sides – disagree with audience comments and support this ordinance – need to increase number of bike racks all over town – First Aid Squad member and been at beach/Boardwalk when racks are at capacity – promote safe bicycle use, but for beauty of town, need some semblance of order – could damage trees by chaining bicycles to them – encourage Council to pass ordinance with understanding that it will promote bicycle use by adding bike racks all over town – when using a car, you couldn’t park it on Town Hall lawn, if you couldn’t get a parking space – do need parameter and rules and 30 day window give public time to adjust.
Motion by Councilman Mercun to close public hearing and adopt ordinance 2008-51, was seconded by Councilman Loughran and carried by the following roll call vote:
VOTE: Council Members Dixon**, Loughran, Mercun****….YEA
Council Members DiCorcia*, Tooker***….NAY
*Councilman DiCorcia: government is too big, don’t need more regulations
**Councilman Dixon: situation with bicycles is out of control, someone needs to take the bull by the horns – not discouraging bicycle riding – it’s a mess that needs to be cleaned-up.
***Councilwoman Tooker: didn’t like ordinance from its inception – impetus in getting it pared down, but still don’t like – see opposite view-point, but as an avid bicyclist can’t vote yes.
****Councilman Mercun: read this ordinance over and over again, it is not anti-bicycle – just like operating a car, bicyclists need to operate bicycles responsibly – seen many bicyclists riding against the flow of traffic on one way streets, creating situation for accidents to occur – ordinance prohibits parking bicycles on sidewalks in a manner which would impede the flow of pedestrian traffic – reasonable stricture – also reasonable is stricture stating “you should not park a bicycle so it constitutes a hazard to pedestrians or park a bicycle on a street or other thoroughfare in a manner to obstruct the movement of vehicles – the only thing this says is that if there’s a bike rack present, you have to use it – agree that if there are no bike racks at Boardwalk street ends, they need to be installed – ordinance is not anti-bike, but just saying to operate bikes responsibly.
Ordinance 2008-52 (Pre-Existing Curb Cuts) was introduced on first reading. Motion by Councilman Loughran, seconded by Councilman Tooker and carried by the following roll call vote, Ordinance 2008-52 was approved on first reading. The public hearing will be held on November 18, 2008.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun….YEA
Ordinance 2008-53 (Regulations for Dogs on Maryland Ave Beach) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilman Tooker and carried by the following roll call vote, Ordinance 2008-52 was approved on first reading. The public hearing will be held on November 18, 2008.
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun….YEA
Clerk Ellsworth added several items to Consent Resolution 2; Dave Cavagnaro, Parkway: asked that all taxpayers, not just residents, be included in item 2/m.
Motion by Councilman Mercun, seconded by Councilman Loughran, resolutions covering the items listed below, were approved by the following roll call vote:
CONSENT RESOLUTION 1:
a) Approval of Interlocal Agreement for reverse 911 services
b) Proclaim October as Breast Cancer Awareness Month
c) Authorization to prepare ordinance designating seasonal one-way flow of traffic on portion of Niblick Street
d) Appt of Clem Bremer to the Environmental Commission
e) Payment to Sensus Metering for handheld readers ($3000)
f) Payments to Galvin Law Firm from Board of Adjustment accts ($1552.50)
g) Payment to Allcomm Tech for mobile radio ($3878.80)
h) PO to HD Supply Waterworks for water meter equipment ($17,055)
i) Payment to Schulman, Weigmann from Bd of Adjustment escrow ($225)
j) Approval of membership in PPB Fire Co #2 (3)
k) Approval of membership in Ocean Fire Co #1 (3)
l) Payment to Meridian Occupational Health for police physicals (17) ($5,007)
m) Payments to American Uniform for police uniforms ($3,732.80)
n) Scheduled Payment to PPB Board of Education ($774,463)
o) Payment of 4th Quarter Tax allocation to Ocean County ($1,930,318.92)
p) Payment to Horizon BCBS for employee health benefits ($118,785.28)
q) Payment to Brick Utilities for September bulk water usage ($89,198.48)
r) P O to Cyclone Air Power for air compressor ($2,737.00)
s) Award Contract to Wallace Contracting for shoring & waterproofing municipal bldg ($25,000)
t) Award Contract to Sea View Contracting for drainage improvements to Parkway and Central Ave ($174,430.34)
u) Performance Bond reduction – Sea Ave Complex
v) Performance Guarantee release – Jehovah’s Witness
w) P O to Deptcor for 8’ X 12’ building ($3500)
x) Approval of computer generated vouchers ($2,993,365.99)
CONSENT RESOLUTION 2:
a) Payment to Murphy’s Diesel Service for repairs to dump truck ($3194)
b) Payment to Horizon BCBS for employee health benefits ($11,954.48)
c) Payments to CMX from escrow accounts ($4422.75)
d) Performance Guarantee Reduction – Old Seaport Townhomes
e) ABC Pocket License Renewal – Southern House
f) Proclaim October 24th as ‘Pretty in Pink’ day to increase breast cancer awareness
g) Approval of St Peter PTA request to use mobile sign to advertise craft fair
h) Approval of PPB HS S/E application, and county road use application, for homecoming parade on 11/26/08
i) Authorization for Bone Counsel to prepare bond ordinance for approved 2008 capital budget requests
j) Authorization to draft ordinance regarding parsonages after gleaning input from existing parsonages
k) Authorization for CMX to proceed with structural investigation of water treatment plant
l) Approval of moratorium on resident parking permit plan
m) Authorization for Borough Attorney to amend commuter parking ordinance to allow for resident permit use
VOTE: Council Members DiCorcia, Dixon, Tooker, Loughran, Mercun,…YEA
COMMITTEE REPORTS:
Councilman DiCorcia: Fire Company had requested some bonding money – hoping to meet with them tomorrow. Councilman DiCorcia left the meeting at 9:16 pm.
Councilman Dixon: distributed information from Parking Committee, explaining what Committee wants to do – had several meetings, reviewing all proposed ideas; building taken down at Inlet and view is unbelievable; Code Enforcement gave several penalties for working without permits; regarding Risden’s beach-voted “yes” this time after receiving information from Councilman Mercun – thanked Attorney Gertner, Mayor Barrella and Councilman Mercun for going to Trenton today and getting the information- without it, public couldn’t really know what would be allowed – it’s a good acquisition – hopefully, can get some money back into Open Space for funding future Open Space projects and especially for dredging Lake of the Lillies.
Councilwoman Tooker: thanked Chief DePolo, Officer Spader and other officers for the lock down drill at the High School – was flawless and demonstrated that the school program is working; recycling meeting next week with Martell’s – reminded all that cardboard boxes are recyclable, weigh a lot, bring money back to town and cost tax dollars in a landfill – unlawful to throw them away – still seeing them all over the place – have stickers now – 2nd warnings can receive a summons – break them down and put in with mixed papers on Wednesday, or bring them to Recycling Center; meeting pending with Jenkinson’s, Boardwalk owners, and public to discuss summer issues, etc.; dune grass planting and beach clean-up at Maryland Avenue on November 9th – hundreds of free dune grass plugs coming from the County – sponsored by Citizens Right to Access Beaches (CRAB), Environmental Commission and High School Environmental Club; thanked Vince Castin and Board of Health Officer Mills for work on humane geese control – brochures from “Save Barnegat Bay” mention ways public can participate; received campaign literature that was rather disheartening and contained a lot of untruths; asked about River Avenue situation and if there is something we are suppose to be doing (Mayor Barrella: acquisition of River Avenue control from County has been approved – asked if we are waiting for a form of road swap; Administrator Riehl: recommended talking to the County about an even swap before taking back any road) questioned if it was ever resolved (Administrator Riehl: recollected the issue was dropped and not brought up again by current administration; Councilman Loughran: it’s an issue that’s been a victim of a change in administration and party leadership – was initiated a couple of years ago – was under impression that we had taken ownership – paving done last year; Mayor Barrella: asked Administrator Riehl to proceed with negotiation of road swap).
Councilman Loughran: at last meeting, mentioned possibility of amending ordinance which pertains to riding bicycles on the Boardwalk, and asked for input – haven’t heard anything from residents or Council – recommended expanding hours from 6AM-9AM, seven days a week, to 6AM-6PM Monday through Friday, and 6AM-9AM weekends October 1st through April 30th, excluding state holidays, Easter Week and all weekends.
Motion by Councilman Loughran, to authorize Borough Attorney to draft amendment to bicycle ordinance was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Dixon*, Tooker, Loughran, Mercun….YEA
*Councilman Dixon: asked Chief DePolo if it would be a problem (doable).
Councilman Loughran: noted “Asbury Park Press” Readers’ Choice Awards last week – Point Pleasant Beach Police Department was named One of the Best in Ocean County – only three named out of 33 municipalities – congratulated Chief DePolo and his department – First Aid Squad was named One of the Best in Ocean County – Fire Company #2 was named Best in Ocean County; residents on New York Avenue requested he pass on a “Thank You” to T J Hess for their work and accommodating manner during the construction on New York Avenue.
Councilman Mercun: as indicated at last meeting, is focusing on three major issues: budget, Lake of the Lillies, and ethics; budget is finished, approved and budget appropriations adopted – met with Councilwoman Tooker about 2008 Budget appropriations – have monies going in to next year’s capital budget appropriations of $714,000 – would be able to bond from this year’s funds – taking a very conservative view – hoping department heads will have their budgets to us by December 1st; distributed memo about ethics to council – was frustrated when he tried to get a municipal ethics board going – went to Trenton with former Borough Attorney Starkey – was basically told that this is a Division of Local Government Services’ ethics law, if you don’t adopt it exactly, then you probably won’t get it approved – when he first proposed this, most people were supportive – there were some objections raised: “if the state is doing it through the Department of Community Affairs, and you can’t do anything more, why get involved?” – continued to research – adoption of a value-based code of conduct is a growing concept in governmental agencies – 2 different types -one emphasizes rules and the other emphasizes values – an ethics code creates a set of aspirations for behavior, based on values associated with public service, held by public servants in the community they serve, includes employees and volunteers, including first aid squad, fire companies and all committees – that nailed it for me – suggested establishing a code of conduct that starts with the Mayor and works its way down to the custodian – when you assume the public trust, you assume a lot – want to provide guidance to public officials and employees on how to conduct themselves day-to-day as public officials – talked about unethical ways of working – public services is a public trust – hopes Mayor & Council will start to look at this, not just because people are afraid to be prosecuted as public officials – maybe we can touch the soul of some of the people who work in this building; proceeding, along with Councilwoman Tooker and various people who have interest in Lake of the Lillies, and things are getting done – today, Council has contacted Allied Biological, one of very few companies that specialize in the ability to remove, cut growth in the lake area – going to cut phragmities down to 2 feet, using a hydro rake with a sickle bar attachment – gave them a fluff factor up to 3’, in case their angles couldn’t match and may have needed a little more – have to formally put it on paper – then, Administrator will give it the go ahead – it’s purely aesthetic – doesn’t replace the plan on restoring the lake – will also have two test spots for favorable plantings in the spring (Mayor Barrella: advised by Counsel that this needs to formally be done).
Motion by Councilman Mercun motion to authorize Allied Biological to cut down phragmites to 2 feet, using hydro rake with sickle bar attachment, in an amount not to exceed $7,500 from Lake Restoration Fund ($7,500 is below the bid threshold and the company doing it is pretty much the only company qualified to do so) was seconded by Councilman Loughran, and carried by the following roll call vote:
VOTE: Council Members: Dixon, Tooker, Loughran, Mercun….YEA
Councilman Mercun: a lot of people have been wondering about the Lake of Lillies test results, in regard to fish kill – Borough Engineer Savacool, reported that, other than a slightly elevated mercury level, there was nothing of significance to show that solid metal, or heavy metals, or any type of chemicals, caused the death of the fish – it appears it was the response of a natural event – waiting for opinion of Dr. Souza – will probably be the event of toxic algae bloom.
MAYOR’S REPORT:
Mayor Barrella: thanked Councilman Mercun his work on Code of Ethics – noted they both come from the same background – need to avoid the appearance of impropriety, as well as impropriety itself; attended a conference at Monmouth University for Civic Responsibility Initiative – new campaign to get citizens involved locally and statewide – including posting openings on state web-site – encouraged that this idea be incorporated on our website; addressed the hallmark of this Council, from selection of professionals and co-operation amongst members, regardless of political affiliation – Council Members Mercun and Tooker have worked tirelessly on Lake of the Lillies, and were unfairly accused last week of doing nothing – both are owed an apology – seen a lot of cross-party voting which is healthy and good – professionals, chosen in a bi-partisan fashion based on their areas of expertise; met with Jenkinson’s and Martell’s, were supposed to get together at end of summer season – spoke with one of the businesses and trying to get together with other, about taking on their responsibilities for police protection and things of that nature – need to look at garbage being picked-up along Ocean Avenue 6 days a week, when only picked-up, in other sections of town, 2 times a week – it’s necessary and need to look at special assessments for special services in all areas; will continue to work on getting special tax authority – need it and it’s imperative to our future survival.
Administrator Riehl: building is down at Inlet, County did fantastic job – quick, neat and cheap; obtained 2003 mini-truck, from Mantoloking, at no cost; thanked all for input on newsletter – shipped to printer and hope to have out by end of October – thanked Jennifer Coyne who was extremely helpful in getting information together; court revenue is at $1,017,000 need another $267,000 to meet what was anticipated in budget – meter revenue at $1.5M, up $219,000 from that anticipated in budget – hotel/motel revenue, through September, is $157,000 and need $117,000 before year end to meet anticipated budget figure – interest income going to be big hit – conservatively based on last year’s figures, estimated $160,000, but it is currently only $17,000; tapped out on revenues with no new revenues for next year – have union contracts – contractual vs operations, operations budget is the smallest part.
PUBLIC PARTICIPATION PERIOD OPENED AT 9:59 P.M.
Max Gagnon, Parkway: thanked Councilman Loughran and Open Space Committee and the rest for hard work, time and effort on Risden’s – town’s benefit is #1 priority – Open Space members have taken some flack from those who did not know what Open Space could do – can see things happening on the horizon – said “No” to little triangle property at end of Broadway, no real benefit to the town; Inlet area is open up – everyone will be happy with the look of that area when Environmental Commission and Beautification Committee get done with area at Inlet open-up – everyone will be happy with the end result
John Olsen, Randall Avenue and representing Lake Louise Homeowners’ Association: thanked Council for moving forward with DEP on Lake Louise dredging – thanked former Councilwoman Walsh, who introduced them to Senator Ciesla and Representatives Holzapfel and Wolfe, who put together the funding package – thanked Freeholder Lacey, who was a part of the process by bringing the County in to help fund this – also thanked former Mayors Hennessey, Pasola and Vogel and former Councilmen Lurie and DiCicco and current Governing Body.
Len Carlson, Randall Avenue and also representing Lake Louise Homeowners’ Association: seconded all John Olsen said – without dredging, would lose Lake Louise in the near future – true asset to town, – great for observing nature and recreation – thanked all on behalf of residents.
Kristen Hennessy, New Jersey Avenue: nice presentation by gentlemen; enjoyed Mayor’s analysis of bipartisan voting; enjoyed Councilman Mercun’s presentation on ethics reform; clearly moving forward with dredging of the Lakes; equally troubled by campaign literature that took an unfair shot at this Council – commended Council – would like to see those running for office bound by same ethics code.
Patrick English, Atlantic Avenue: asked why town was stopping phragmite cutting at 2 feet when Princeton Hydro Report recommended eradicating all the weeds – questioned erosion.
Vince Castin, Trenton Avenue – spoke about geese control and encouraged Council to invest in deterrent employing solar lights which disrupt patterns of geese and disturb their habitat.
Dave Cavagnaro, Parkway: thanked Councilwoman Tooker for suggesting limiting events – suggested establishing guidelines including a set number of yearly events, lottery and published rules, including sponsors’ responsibility to notify residents; in regards to geese control, should investigate where geese nest; disappointed Council introduced another ordinance which no one had an opportunity to see.
Anne Lightburn, New Jersey Avenue: thanked Council and Attorney for working on Open Space and voting for Risden’s lot acquisition; many have taken a lot of heat about Inlet, thanked Council for getting it done and Mayor for his support.
David Boring, Metro PCS: expressed interest in bid for cellular service on water tower.
Craig Jones, St. Louis Avenue: thanked Council for weed cutting -asked about experimental planting, and if would be maintained.
PUBLIC PARTICIPATION PERIOD CLOSED AT 10:31 P.M.
The meeting was adjourned at 10:31 p.m.
Attest: Maryann Ellsworth, Municipal Clerk
Borough of Point Pleasant Beach 

