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August 28, 2012


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:39 PM with Councilmen Gordon, Mayer, Corbally and Reid present. Mayor Barrella, Councilwoman Tooker and Councilman Lurie were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mayer, to enter closed session to discuss litigation, contract, personnel and potential litigation matters was seconded by Councilman Corbally and carried by roll call vote.
VOTE: Councilmen Gordon, Mayer, Corbally, Reid….YEA

Closed Session began at 6:41 PM and ended at 7:07 PM.

Council President Corbally called the regular meeting to order at 7:17 PM. Present were Councilmen Gordon, Mayer, Corbally and Reid. Mayor Barrella, Councilwoman Tooker and Councilman Lurie were absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Gordon, to approve the minutes of the July 17, 2012 Council Meeting, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Councilmen Gordon, Mayer, Corbally, Reid….YEA

Administrator Riehl: Borough Engineer recommends authorizing receipt of quotes to treat invasives along Lake of the Lillies lakeshore, and public bid for follow-up treatment and plant installation in spring 2013 (Administrator Riehl: received necessary State permitting – can move forward – bonded $3M for the project – still have about $1.4M – cost to eradicate by removal is about $200K – to eradicate with substance is about $5K – phragmites are killed and removed in fall, replanted is done in spring; Attorney Gertner: DEP’s recommended process; Councilman Mayer: asked that Administrator Riehl re-send him Engineer Savacool’s schematic – not sure what’s being treated and where; Councilman Gordon: unless entire perimeter is done, they will spread – need clarification in order to do it right the first time and spend prudently; Councilman Reid: understood it was the whole perimeter; Attorney Gertner: have been association meetings – not sure where they left off; Councilman Mayer: that was a condition in the permit; Attorney Gertner: could move on quotes – at time of approval, Council will know the scope of the project – not spending money yet; Councilman Gordon: should know the scope of the project before asking for quotes; Attorney Gertner: professionals do).
Peggy Buccino, 319 Newark Avenue: been doing this for about 6 years – at one meeting, the Engineer and environmental company showed the plans – same plans were shown 6 months later – nobody objected – people gave up part of their ownership of the lake so it could be fully dredged – only approving the bid – can say “no” when bids come in (Councilman Gordon: Governing Body isn’t well-informed – Engineer did the Little League field and it is a fiasco – trying to avoid future fiascos) many residents are paying taxes for lake view, and there are at least 7 people on Newark Avenue who have none – do what Bay Head does and cut them down to 3 feet.


Councilman Reid: lights will be turned on at River Avenue soon – waiting for meter; 2 County lights on Bay Avenue are working – thanked Council for support.

Councilman Corbally: DPW has done a great job this summer – grass cutting and edging is the best he has seen in years – repaired Arnold Avenue pavers – removed graffiti and vandalism at Pleasure Park, which is almost a weekly task – down 6 people from 6 years ago; spoke recently with Pt. Pleasant Councilman Goss about trolley service between the towns – met with DOT about trolley service in 2007 – was brought up privately last year, and hasn’t gone far – Pt. Pleasant engineer is working on it – Councilman Goss asked that we get a committee together – will meet Thursday night to see if the towns can work on a joint venture – Councilman Gordon and Pt. Pleasant’s engineer will also attend; Mayor Barrella should have list of appointees to Tourism Committee by next meeting.

Councilman Mayer: Finance Committee met a couple times since last Council Meeting – met with Councilman Corbally, Administrator Riehl, DPW Superintendent and employee Joe Pizza about potential Parking Authority dissolution – follow-up meeting is August 30th; recommended introduction of $565K bond ordinance for improving 400 feet of Boardwalk, from Lucky’s North to Trenton Avenue – anticipating 75% FEMA grant – proposing half of the net cost of improvement, after deducting the FEMA grant, be Specially Assessed on 6 adjoining properties – property owners can agree that a $70K assessment for $500K improvement at their front doors is reasonable – hopes Council will support the proposal and all can work together to improve the conditions of the Boardwalk and other public properties; 2010 and 2011 SEC annual reports are in the works and should be filed timely; State has circulated, for the third year, a “Best Practice Inventory” – dependent on answers to 50 questions, they can withhold up to 5% of State Aid.

Councilman Gordon: asked the status of the Maryland Avenue beach RFP (Administrator Riehl: being written) received proposal from Recreation Committee (REC) – will be reviewed with Ms. Riehl when all responses come in – they have some out-of-the-box thinking – may be overstepping their bounds, but appreciate their spirit and enthusiasm – their motivation is in the best interests of the taxpayers and town; asked about REC’s request for $20K for Pleasure Park and where it was charged (Administrator Riehl: trust fund) asked if capital improvement to a building came out of the REC trust fund (Administrator Riehl: not all – $10K was encumbered against their trust fund monies - roof repairs and equipment were covered under Purchase of Equipment and Public Buildings and Grounds, not charged to REC – they were provided with a detailed spreadsheet of their budget) there was confusion because they know they’ve spent money, but really haven’t seen their balance go down – concerned about the true, accurate number (Administrator Riehl: it is accurate – they’ve brought in more than they’ve spent so far this year – they didn’t spend their full $10K either) good to know – asked for a copy; applauded DPW on vandalism repair – JCP&L light is out at the park – REC said there is no number on the pole – asked that DPW find it and get the light on – might deter vandalism – asked that DPW put the park tables inside the building after Labor Day; REC would like to amend bonfire hours from 5PM to noon for proper set up and expanding activities, and requested use of Police vehicle/trailer to move firewood, if conditions are amenable (Chief O’Hara: depends on surf conditions and tides – can’t usually get to the south end with the quad – suggested they ask one of the businesses along the beach to assist; Councilman Corbally: concerned beach leasee may still be charging then; Administrator Riehl: Aqua Serve has the right to operate through end of September ); Borough ordinance violations are down 28% from last year, Memorial Day through present – criminal arrests are up 43% – criminal arrests take officers off the streets for hours and they are not out issuing ordinance violations, so that decrease can be taken with a grain of salt, but the number of criminal arrests is concerning – motor vehicle accidents, which also take police off the streets, increased 78% – first aid calls increased 23% – interesting dynamic – weather hasn’t necessarily been favorable, but parking revenues are up – still attracting people – parking plan was a success and favorably received by residents – maybe part of the Tourism Committee charter should be to attract more family-oriented tourists (Councilman Corbally: that’s the goal).

Administrator Riehl: No report.

Clerk Ellsworth added and amended items on the Consent Resolutions; Councilman Mayer: prefered that the language on the invasives mirror the language in Engineer Savacool’s letter – there has been a lot of work on the plan for Lake of the Lillies – his letter does not say “entire” – there are nature concerns about the southeast corner.

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) OPENED AT 7:50 PM

Anne Lightburn, Point Pleasant Beach (PPB): asked about RFP process for Maryland Avenue beach and if Council has given any guidance on things like senior and student badges; complemented DPW on helping to replace a bench at Niblick.
Dave Cavagnaro, PPB: asked about status of the Court returning to PPB and status of the revaluation; border planting around Lake of the Lillies has already been approved; asked that violation of cars parked on front lawns, particularly at a house on Arnold Avenue, be dealt with.
Vince Castin, PPB: asked the status of the Little League field re-grading and if they will do the Womans Club parking lot; asked about, what’s going on at Chicago Avenue, the status of Silver Lake, and if grants for that are available on a yearly basis.
Sharon Cadalzo, PPB: complained about lights being on in the building at 11 PM on a Sunday.
Motion by Councilman Gordon to close Public Participation was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Gordon, Mayer, Corbally, Reid….YEA

PUBLIC PARTICIPATION PERIOD (Non-Agenda Items, First Reading of Ordinances and Resolutions) ENDED AT 8:06PM.

Councilman Gordon: if application is denied in item 1/c, would like to stipulate that only in-town organizations are permitted to sell raffles on the Boardwalk; Councilman Reid: asked about item 1/y (Chief O’Hara: letter was received from Stohrer’s Appliance – was asked for his input – there is already a 1-hour zone on Richmond Avenue, from Arnold to Laurel – extending it a block further south, to cover both sides of the street, will eliminate the problem; Councilman Gordon: a prudent move); Attorney Gertner: should schedule a separate date for the Wharfside hearing (Councilman Gordon: they are requesting 4-hours – would not like to do it the same night as a Council Meeting) recommended October 2nd to be tried and dismissed (Councilman Reid: made time in his schedule for the hearing this afternoon, as originally set; Councilman Corbally: suggested meeting at 6:00 PM on October 2nd; Councilman Gordon: hopes they can resolve their issues prior to that).

Motion by Councilman Mayer to adopt resolutions covering items listed below, was seconded by Councilman Gordon and carried by roll call vote.
a) Approval of S/E Application for Fire Companies and First Aid Squad to charge for
parking in municipal lot during the Seafood Festival
b) Approval of S/E Application for United by Blue for beach clean-up on 9/16/12
c) Denial of S/E Application for Herbertsville Fire Co. to sell raffles on Boardwalk
d) Approval of Payroll #16 ($293,968.84) and Payroll #17 ($317,628.90)
e) Approval of Membership in PPB Fire Co. #2 (1)
f) Payments to Pedroni Fuel Co. for gasoline and diesel fuel ($38,353.00)
g) Scheduled payment of district taxes for the PPB Board of Education ($896,186)
h) Payment to Brick Utilities for July bulk water usage ($126,952.07)
i) Payment to T&M Associates from escrow accounts ($777.75)
j) Payment to Denise Sweet from Bd. of Adjustment Escrow Accounts ($400)
k) Payment of annual contribution to Ocean Fire Co. #1 ($17,000)
l) Payment of annual contribution to Ocean Fire Co. #2 ($17,000)
m) Payment of annual contribution to First Aid & Emergency Squad ($38,500)
n) Payment to SPS VAR, LLC for police computer maintenance ($3,600)
o) Payment to Winner Ford for police interceptor ($28,182)
p) Payments to All Time Auto Body for repairs to police vehicles ($13,204.91)
q) Purchase/Payment to Ocean County for pickup truck with snowplow for Fire Co. #2 ($1)
r) P.O. to A.C. Schultes, Inc. for bolt replacement at Booster Pump Station ($2,165)
s) Performance Guarantee Release - Jaeger Lumber
t) Refund tax overpayment - 121 Cornell Ave. ($1,372.90)
u) Authorize Mayor to execute 2012 Municipal Alliance Agreement
v) Refund unexpended Board of Adjustment escrow from 23 accounts ($7,157.24)
w) Payment to American Pipe Cleaning for inspection of storm line on Gowdy Ave. ($2,600)
x) Authorize Mayor to execute Professional Services Agreement with Prosecutor & Alternate
y) Approval of request for 1-hr. parking on Richmond Ave. between American Legion Way and Trenton Ave., subject to Police Chief’s recommendations
a) P.O. to HD Supply Waterworks for purchase of water meters ($41,085.00)
b) Award contract to Earle Asphalt for improvements to Woodland Road, subject to N J DOT review and approval ($258,413.13)
c) Approval of requests to maintain curb cuts during Woodland Road improvements (4)
d) Award contract to Harter Equipment for 2 utility scooters ($61,970.00)
e) Authorization to hire contractor to remove pipe root blockage and and excavate and replace pipe damage between between Gowdy and Bay Aves., per Borough Engineer’s specifications
f) Approval of computer-generated vouchers ($1,299,316.24)
g) P.O. to Devo & Associates for 5 parking meters ($64,730.00)
h) Authorization to amend the 2012 Capital Budget
i) Establish date for continuation of Wharfside ABC License renewal hearing
j) Approval of Ad Interim permit application for Wharfside ABC License
k) Authorization to solicit quotes to treat invasives at the Lake of the Lillies shoreline, as per recommendation of Borough Engineer
l) Authorization for Borough Engineer to prepare and advertise bids to treat invasives and plant at Lake of the Lillies shoreline in spring 2013, as per recommendation of Borough Engineer
m) Appointment of Nicholas A. Moschella of the firm of Citta, Holzhapfel and Zabarsky, as an Alternate Municipal Prosecutor
VOTE: Council Members Gordon, Mayer, Corbally, Reid….YEA

Ordinance 2012-30 (Boardwalk Rehabilitation Bond) was introduced on first reading. Councilman Reid asked about 6 properties affected, improvement location and cost (Councilman Mayer: showed location on tax map – 400 feet of Boardwalk affects 800 feet of property – 400 on either side – 570 is owned by Jenkinson’s South, 180 is Risden’s Beach Corp., 50 is the street-end at Trenton Avenue – $565K appropriation – Engineer Savacool estimated $490K in construction costs, $40K in engineering, legal fees – little margin for error) asked if area connects to work just done (Councilman Mayer: no – thought about it, but clock is ticking on the FEMA grant – damage is from Hurricane Irene – must do work in fall/winter/early spring, and complete by August 2013 – doesn’t want to hold it up for bigger project) would like to connect new portion to Jenkinson’s South (Councilman Mayer: can look at that – this is the 400 feet FEMA approved and Mr. Savacool designed – there are other problems both north and south) would like all new Boardwalk, that could be worked on section-by-section, yearly – now, there will be old Boardwalk between new (Councilman Mayer: master plan is needed) asked how much businesses will pay, and for how many years (Councilman Mayer: if full $565K is spent, 12.5% is $70,625; Councilman Corbally: 10 years; Councilman Mayer: this is the first assessment in PPB – been done all over NJ for a long time – work gets done, no matter what happens with assessment – once complete, Administrator and Engineer will put information together for the Assessor – Assessor looks at improvements and assesses the properties, up to the 12.5% maximum – Council confirms assessments – Collector notifies property owners of assessment amount – they either have 60 days to pay or payment can be spread over 10 years) likes it, but wishes it could be extended all the way (Councilman Gordon: should develop a plan, in conjunction with Budget Committee, to do wholesale swap out over 20 years – should be just a line item paid every year) asked Councilman Mayer if he spoke to the business owners (Councilman Mayer: Jenkinson’s only; Clerk Ellsworth: if approved, they will get a letter from her, with copy of the ordinance; Councilman Mayer: different procedure on this – Special Assessment ordinance must be posted 10 days, not 7, in full, not summary, and certified letter is sent to each property owner before second reading and public hearing; Councilman Gordon: asked if it is prorated, based on number of feet owned; Councilman Mayer: expects it will, based on Supreme Court decision allowing it – Risden’s share would be less than $17K).
Motion by Councilman Mayer, to approve Ordinance 2012-30 on first reading, was seconded by Councilman Corbally and carried by roll call vote. The public hearing will be on September 18, 2012.
VOTE: Council Members Gordon, Mayer, Corbally, Reid….YEA


Dave Cavagnaro, PPB: thanked Councilman Mayer for ordinance.

Motion by Councilman Gordon, to close public participation, was seconded by Councilman Mayer and carried by roll call vote.
VOTE: Council Members Gordon, Mayer, Corbally, Reid….YEA


Motion by Councilman Gordon, to adjourn, was seconded by Councilman Mayer and carried by consent of Council.

TRANSCRIBED BY: Eileen Farrell, Deputy Clerk

ATTEST: Maryann Ellsworth, Municipal Clerk

Published September21, 2012 | Council Minutes | 1449

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