September 18, 2007

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:33 P.M. with Mayor Vogel and Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon, and DiCorcia present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Frank Little, Owen Little and Associates, gave a presentation on the Flood Plain Management Plan – assessed the hazard in the beach area and flood problems with the lakes – focused on storm water management – developed action plan, which will be reviewed and updated annually – opened to the public for questions.
Councilman DiCicco: recommend adoption of this plan.
Mayor Vogel asked for recommendations on flooding problem with the lakes.
Frank Little: talked about installing backflow preventer valves, but did not know the exact pipe sizes – this is something that the Borough Engineer needs to look at.
Dave Cavagnaro, 118 Parkway: is plan contingent on signage going up around town? (Mr. Little: yes, but before signage can go up the plan would have to be enacted) asked about pet-friendly evacuation areas (questionnaire was included in tax mailing) – asked if installation of pump was considered at Niblick and Boston to drain water from Little Silver Lake to Lake Louise (no, just identified lakes as a potential problem).

Department Head memos and correspondence were discussed with many items moved to agenda for action. Mayor Vogel left the meeting at 6:50 P.M.

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

Closed session started at 7:26 P.M. and ended at 7:52 P.M.

Council President DiCicco called the regular meeting to order at 7:52 P.M. Present were Council Members Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia. Mayor Vogel returned to the meeting at 8:15 P.M.

Motion by Councilman DiCorcia, to approve the minutes of the August 21, 2007 Council meeting, was seconded by Councilman Corbally and carried by the following roll call vote:
VOTE: Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Ordinance 2007-22 (Street Opening Guarantees) 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 Mercun and carried by the following roll call vote, Ordinance 2007-22 was adopted on second reading.
VOTE: Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Ordinance 2007-23 (Boardwalk Construction Permits) was introduced on second reading. Attorney Starkey: at 12-4.3a, should read International Building Code 2006.
Motion by Councilman Corbally, seconded by Councilman Mercun and carried by the following roll call vote, Ordinance 2007-23 was introduced on first reading as amended.
VOTE: Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia…YEA

Clerk Ellsworth added several items to Consent Resolution 3.
Dave Cavagnaro, 118 Parkway: asked why a property lien was listed on a Consent Resolution? (business owes Planning Board fees); Vincent Barrella, 116 Niblick Street: Consent Resolution 1, item ‘b’ – assume that support of this is in response to acquisition of two properties – asked about status of Risden’s (ongoing discussions) – asked what Councilmen are involved (Mayor Vogel and Councilman DiCicco); Frank Carey, 806 Briarcliff Avenue: regarding shared services, asked if there was a timeline for the beginning of construction and if Ridgefield Avenue was included (yes, but Borough will be taking lead as 72% of the property is in that municipality).
Motion by Councilman Mercun, second by Councilman Corbally, resolutions covering the items listed below were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Transfer ABC License from Keldu, Inc to Dukel, Inc. T/A Rockafella’s Restaurant
b) Support for Green Acres, Farmland, Blue Acres and Historic Preservation Bond Act of 2007
c) Raffles License Application for Brick Woman’s Club on 11/4/07
d) Payment to Certified Valuations for work on revaluation ($4035)
e) Approval of Payrolls #18 ($261,675.03) and #19 ($260,301.17)
f) Permission for Clean Ocean Action 22nd Annual Fall Beach Sweeps on 10/20/07
g) Memorialize approval of Calendar Raffle Application for PPB HS Booster Assoc
h) Memorialize approval of Raffles License Applications (2) for Library Assoc on 12/1/07 & 12/15/07 and waiver of $20 municipal raffle fee
i) Approval of June, July & August hand checks ($ 3,869,813.95)
j) Payment to Allaire Enterprises for boat parade T-shirts ($2,886.25)
k) Payment to CME Associates from developer escrow accts ($1184.14)
l) Payments to Schoor Depalma from escrow accounts ($1531.25)
m) Payment to Schulman, Wiegmann from Board of Adjustment escrow acct ($225)
n) Payment to Ocean County Landfill for tipping fees ($50,000)
o) Payment to ICOP Digital for ICOP 20/20 in cars systems ($9,929)
p) Raffles License Applications (2) for Elks Ladies Auxiliary on 10/21/07
q) Payment to Firefighters Equipment co for fire company equipment ($11,076.30)
r) Payment to Airpower International for breathing air module ($20,100)
s) Payment to Motorola for A2670 service monitor ($28,200)
t) Scheduled payments to the PPB Board of Education ($1,255,673.09)
u) Authorization to submit Drunk Driving Enforcement Fund application
v) Payment of annual allocation to First Aid Squad ($38,500)
w) Payment of annual allocation to Ocean Fire Company #1 ($14,000)
x) Payment of annual allocation to Point Pleasant Fire Company #2 ($14,000)
y) Payment to Brick Utilities for August bulk water usage ($141,129.32)
CONSENT RESOLUTION 2:
a) Payment to Horizon BCBS for employee health benefits ($121,629.08)
b) Approval of computer generated vouchers ($1,367,687.13)
c) Payment to GranTurk Equipment Co for Three Wheel Street Sweeper ($125,254)
d) Scheduled payments to the PPB Board of Education ($744,676)
e) Payment to A C Shultes for work completed on decommissioning of wells ($4050)
f) Payment to Pedroni Fuel for no-lead gasoline ($21,330.67)
g) Payment to Riggins for diesel fuel ($7,545.43)
h) Payments to CME Assoc. from developer escrow accts ($1131.23)
CONSENT RESOLUTION 3:
a) Authorization for CME Associates to prepare cost estimate for repair/reconstruction of Boardwalk between Parkway and Trenton Ave.
b) Approval to place a municipal lien against 636 Arnold Avenue for unpaid municipal charges ($388.38)
c) Pull Tab Raffles License Application for Elks Lodge #1698
d) Payment to Four Point for A/C filter cleanings ($210)
e) Payment to Team Jedi Marketing for ‘Broadway Gateway’ magnets ($388)
f) Appointment of school crossing guards (2)
g) Appointment of substitute school crossing guard
h) Payment to United Computer for computer installation ($1035)
i) Approval of donation to Beachtown Hoedown ($1,500)
j) Payment to VALIC AIG for 2006 LOSAP awards ($44,000)
k) Payment to Galvin Law Firm from Board of Adjustment accounts ($1162.50)
l) Approval of Flood Plain Management Plan prepared by Owen Little
m) Authorization for CRS Coordinator Gardner to submit CRS application
n) Authorization in include Bingo/Raffle ordinance on next agenda for first reading
o) Award of contract for 2 P/W scooters with refuse tippers to Lincoln Services ($59,478)
p) Deny request for W/S bill relief and authorize payment plan
q) Approve American Heart Association request for balloon arches at Band shell on 10/7/07
r) Authorize Borough Engineer to investigate and provide cost estimate for improvements to property adjacent to Woman’s Club
s) Permission for Joe Leone’s to place storage trailers on their property during holiday season
t) Approval of Rotary Club request to sell raffle tickets on the Boardwalk
u) Approve CME Associates fee estimate for asbestos inspection and ID survey at Borough Hall ($5500)
v) Approve Schoor Depalma fee estimate for water tower rehab project (not to exceed $14,000)
w) Authorize Borough Attorney to draft shared service agreement with Point Pleasant for Rosewood and Briarcliff Avenue roadway improvements
x) Authorize special meeting for NJ EIT financing resolution
y) Authorize Schoor Depalma to proceed with New York Avenue drainage project
z) Authorize Schoor Depalma to proceed with Delaware Ave roadway improvement project
VOTE: Councilmen Mercun, Loughran, Corbally, DiCicco, Dixon, DiCorcia….YEA

Councilman Mercun: thanked Police, Public Works, Chamber of Commerce and volunteers for work at Seafood Festival; for Project Erase, have assigned an officer to work on speeding complaints as his primary focus – received complaints on speeding between Route 35 South and Bay on Atlantic Avenue; Mr. Lemma has asked for police officers to be here to address resident concerns – Chief DePolo is willing to sit down in town hall format regarding concerns with Police Department; on Seacoast Oil Property, Birdsall Engineering is finished setting up pilot wells and performing soil testing.

Councilman Loughran: meter revenue up $74,000, court down $30,000 and hotel/motel tax up $10,000; have new trash receptacles in town but need more on Bay Avenue between Arnold and High School; 202 Elizabeth Avenue caught fire in February – homeowners had issues with insurance company and letting everyone know with signs on house – asked Chris to check with Code Enforcement Department on this; during the summer, there is a time when all traffic is stopped to allow pedestrians to cross at Ocean and Arnold Avenue – would like to see this implemented at Arnold Avenue and Route 35 South – this intersection is very dangerous for pedestrians – asked that both County and State be petitioned and provided with documentation of accidents; lot of talk lately regarding autism – children with autism don’t understand what is safe and not safe –propose that signs that say "Autistic Child at Play” be made available to residents.

Councilman Corbally: thanked Public Works for work at Seafood Festival from 7 AM to 11 PM; Farmers Market size doubled this year – thanked all that helped – need more support for next year – donated $500 to Monmouth/Ocean County Foodbank; meeting with Jaeger Lumber and residents was cancelled due to the cooperation of both parties; Homestead Rebate application extended to Oct 31st.

Councilman DiCicco: get paid $14/ton for recyclables and have to pay $70/ton to dispose of trash – Recycling Committee has come up with action plan which will become the new recycling guidelines – hope to send out mailer in early 2008 and encourage strict compliance; scheduled a meeting with Jenkinson’s for greater compliance with recycling; hope to trim trees on Arnold Avenue during October; last Tuesday, had ribbon cutting ceremony for new townhouse project on Broadway and Baltimore Avenue, which is part of our Broadway revitalization plan (Mayor Vogel returned to meeting); we adopted our Flood Plain Management Plan – CRS Coordinator will fill out application for re-entry into community rating system – hope to gain entry in May 2008 – thanked Committee and Frank Little for their work.

Councilman Dixon: Building Department collected $370,226.30 in fees year-to-date – over the last month, they issued 39 written and verbal warnings and 7 summonses and inspected 260 residences; people from the house on St. Louis were summonsed for over-occupancy – they moved to Philadelphia Avenue – Code Enforcement found they had thirteen people living there – house on Boardwalk converted basement to apartment and was issued 3 summonses – owners scheduled for court in October; Niblick Street and Central Avenue need to have stop and one-way signs removed; asked if police officers wear reflective vests while doing school crossing (yes) – suggested buying these vests for Public Works personnel.

Councilman DiCorcia: South Manetta Drive has sign for autistic child – great idea; schools in Borough have signs "Children At Play – Schools Open – Drive Slowly”; not satisfied that The Patio Bar has no restrooms – Ocean County Health Department does not regulate restrooms, contending that it should be done by Governing Body (just heard before the Planning Board for renovations); called Superintendent of School regarding meeting dates – will invite Ben Dispoto to participate and address recycling; Boardwalk in sad shape; regarding bench program, have 8 locations at Northern end of Boardwalk – would like to reopen program to these benches (have a list of those waiting for benches); had privilege of going to benefit for child with cancer at the VFW – very heart warming and touching.

Mayor Vogel: thanked Administrator Riehl and NPP Coordinator Cadalzo for work on boat parade; announced that the first application is online for Board of Adjustment – able to view 24/7 instead of only during business hours; on September 29th, Fire Company #2 is having parade to celebrate their 100th anniversary; issue of overcrowding is being addressed, trying to come up with solutions to the problem – plan to work with other municipalities to pressure legislators for better laws.

Administrator Riehl: bid opening on Department of Public Works facility – awaiting recommendation from engineer to move forward; water tower work to start on Monday; Borden’s parking lot being held up due to Trenton permit process – being pushed back to spring (Councilman DiCorcia asked about putting ‘Garnet Gull’ on water tower – Administrator Riehl will get cost estimate).

PUBLIC PARTICIAPTION PERIOD OPENED AT 8:32 P.M.

Ray Cervino, 206 Seymour Avenue: people feel very strongly about removing vegetation at Lake of Lillies due to ecology – others want it removed to have view of the lake – asked if there was still a town or DEP moratorium regarding trimming – if no, why hasn’t the Council proceeded on trimming back the vegetation? – suggested bringing groups together by trimming vegetation back to 3 feet as per DEP regulations – know dredging will take quite some time; appreciated Councilman DiCorcia’s comments regarding Patio Bar.

Joanne Chiefa, 311 River Avenue: asked about timeline for paving of River Avenue – concerned about hole by 307 property (been working with County about finishing curbing; Mayor asked Administrator Riehl to get guard and have town install); asked if town would have problems with River Avenue because it is partly a State Road (speed humps would be on section not close to State highway).

Dave Cavagnaro, 118 Parkway: thanked Councilman Corbally, Administrator Riehl, and Public Works for supplying and cleaning up garbage bags; asked that elevators be included in third story residential when Master Plan is finally voted on by Council – otherwise seniors will not favor; walk last weekend did not provide advance notice to residents – haven’t seen anything saying what streets will be used during the Alzheimer’s walk; if someone is referred to Chief DePolo, or any other official with a question during these meetings, I suggest that it is done up front so that no one is put in an awkward position of talking while someone else is.

Joe Lemma, 203 St. Louis Avenue: appreciate conversation I had with Councilman Mercun about having a police officer to talk with – provided Council with article on first amendment rights concerning right to speak.

Max Gagnon, 304 Parkway: thanked Mayor and Council for Boardwalk ordinance, but not necessary – if look at section 19-17 of development ordinance will see it includes any structure, dwelling, or residence – was probably covered, if interpreted correctly – asked if it covers gas lines and electric (yes); 19-7 talks about floor area – have been talking about mats on the sand east of Boardwalk and asked if they need permits for it – haven’t heard any response to that – listed as customer facilities in our ordinance – if we have all these people using this to conduct their business, think it should be taxed.

Bob Eltringham, 314 Trenton Avenue: everyone with a special interest likes to come to Point Pleasant Beach – events are going in September, October – when are you going to think of towns people and give the town back to the residents for a couple of months.

Tim Lurie, 1020 Gowdy Avenue: asked who prepared Boardwalk ordinance (CME) – new state regulations not reflected in the ordinance (Attorney Starkey: would be happy to hear anything concerning the ordinance and pass it along).

Vince Barrella, 116 Niblick Street: asked Councilman Dixon about 281G, the ICE program – should look into (every place in NJ should); the last I heard of the Open Space referendum, Councilman DiCicco said I was right and Council had until August to fix it – this was a big tax increase for seniors – asked what happened (Open Space Committee rejected the idea of putting that on the ballot) – decision should not have been made by the Open Space Committee, rather by the Governing Body (Open Space made a recommendation that the tax was fair, the Governing Body accepted that recommendation – would be in serious jeopardy of acquiring certain properties); asked for status of budgeted versus actual costs for attorneys and engineers year to date (Administrator Riehl: can run reports); didn’t hear any answers to Mr. Cervino’s questions (DEP has prohibited cutting while permit to cut is under review, except if blocking street) – if we could get DEP to relax, would the town then cut in a manner as suggested by Mr. Cervino? (Councilman Mercun: no because that would not be appropriate to the invasive specie phragmites – cutting has to be done at a certain time of year by roto-scaling, which will pull the whole rhyzome out – if you pull invasive phragmites, they will spread all over).

PUBLIC PARTICIPATION PERIOD ENDED AT 8:54 P.M.

The meeting was adjourned at 8:55 P.M.