416 New Jersey Avenue, Point Pleasant Beach, NJ 08742 • 732-892-1118 • www.pointpleasantbeach.org
Welcome to Point Pleasant Beach

Point Pleasant Beach News


Printable Version


May 19, 2009

MINUTES

The Mayor and Council of the Borough of Point Pleasant Beach met at 6:35PM with Mayor Barrella and Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo present. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Mr. Visceglia and Mark Farrell, appearing for Farrell’s Stout and Steak House, testified regarding ABC place-to-place transfer application: enclosed first floor deck and expanded restaurant portion – put deck above expansion area – pre-existing upstairs room is often used for private parties – new deck leads out from the room on the second floor – Planning Board approved construction and construction has been completed – lower outside deck was about 60 feet before it was enclosed – new deck will be used basically for smoking or cocktail area for parties, no seating – don’t have facilities to seat at upstairs service bar – most parties go to 11PM or midnight – deck is on north side, away from residences and would have less noise than downstairs deck – restrictions on downstairs patio deck were no service after 11PM and no music after 10PM.
Lt. DiCorcia testified that no complaints had been lodged since business began operation.
Mayor Barrella asked if they would agree to current restriction; Councilman Mercun asked if the intent was to use the deck as a milling area when the second floor banquet facility was in operation, and by smoking patrons when it was not in operation.
Mark Farrell: yes, but can carry drinks outside – tables for mingling, not for food service, and no outside bar.
Motion by Councilman Mercun, to approve application with conditions that there be no music on the upstairs deck and that waitress service would stop in that location at 11PM, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Attorneys McGlynn and Gasiorowski, appearing on behalf of Jenkinsons Pavilion, claimed it was not necessary to establish a hearing for Jenkinsons Pavilion ABC License renewal – have had several meetings before the Board of Adjustment.
Attorney Gertner responded that the purview of the Governing Body is limited to the ABC license matter – objectors have the right to be heard – no basis to forestall the hearing.

Department head memos and correspondence were discussed with items moved to the agenda for action; both parking fee waiver requests were not approved as Council felt it must have a uniform policy and adhere to same; ATM matter is contractual and will be discussed during closed session.

Councilwoman Tooker: reported that, as a venue for the Farmer’s Market, the committee felt Borden's lot was too cramped and hidden with its new configuration – would like to move to the railroad lot on Saturdays between 9AM and 1PM – great visibility and Market would be done before lot would normally fill – would only use about ¼ of the lot – will map out details and appear before Governing Body on June 11th.

Mayor Barrella: asked Council to introduce Ordinance to increase water/sewer rates by raising the stand by fee to $93 and raising the usage rates by 3%.
CFO Riehl explained that there was a deficit in water/sewer for last two years.
Deputy CFO Beno: explained that in 2004, over 100 tests were run in order to get those who use the water to pay their fair share – this proposal would be in accordance with 2004 scenario by raising the stand-by $3, about 3%, and increasing all other rates across the board by 3%.
Councilman Mercun: would be remiss not to consider all scenarios – should introduce and everyone can weigh in on second readings of both – advised Council not to get stuck on form.
Mayor Barrella and Councilwoman Tooker: with this Ordinance low-end users would no longer be subsidizing high-end users.

Proclamation was presented to Joe Introna for his community service and aid to Italian earthquake victims.

Proclamation was presented to David Johnson for his 38 years of service on the Point Pleasant Beach Parking Authority.

Motion by Councilman Dixon, to enter closed session to discuss 2 litigation, 2 contractual and 4 personnel matters, was seconded by Councilman Mercun and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Closed session started at 8:06 P.M. and ended at 9:24 P.M.

Mayor Barrella called the regular meeting to order at 9:37 P.M. Present were Council Members Mercun, Hennessy, Tooker, Cervino, Dixon and Rizzo. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Mayor Barrella asked for moment of silence for our service people who have made the ultimate sacrifice in preserving our freedoms.

Motion by Councilman Mercun to approve the minutes of the April 14, 2009 Council Meeting, was seconded by Councilman Cervino, and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-18 (Amend Water/Sewer Rates) was introduced on first reading. Motion by Councilman Mercun, seconded by Councilwoman Tooker and carried by the following roll call vote, Ordinance 2009-18 was defeated on first reading.
VOTE: Council Members Mercun, Tooker….YEA
Council Members Hennessy, Cervino, Dixon, Rizzo….NAY

Ordinance 2009-07 (Amend Water/Sewer Stand-By Fees) was considered on second reading, as amended 5/5/09. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro: started 2008 with $560,000 in surplus and ended with $490,000 – as I&I is repaired that will create additional surplus – have surplus with anticipation that it will increase – should raise rates if something goes wrong, not tax in anticipation of things getting worse.
Ben Dispoto: everyone should pay for what they use.
Max Gagnon: every department should be self-sustaining – should not have tremendous amount of reserve – now that I&I is being fixed, should generate a surplus – if you raise rates you are cheating you and me, pure and simple.
Mike Sirchio: with the same usage, town next door bills $441 for the year – when times were more prosperous didn't mind moving funds, but now you have to regionalize it and cut it down.
Councilman Mercun: in response to CFO Riehl’s comments that delaying one quarter would not make or break the Water Department, moved to table action on Ordinance until after this quarter.
Kristin Hennessy: troubled by what I’ve seen over the last several weeks – this is the 5th ordinance – obvious that you’re not talking to each other – a tax is a fee and a fee is a tax – would rather have tax increase that I could write off on income taxes – 3% over all the rates was a reasonable compromise.
Motion by Councilman Mercun, to close hearing on Ordinance 2009-07 and table action for at least one quarter to see how we fare, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Mercun, Tooker, Dixon….YEA
Council Members Hennessy, Cervino….NAY
Councilman Rizzo….ABSTAIN

Motion by Councilman Mercun to Amend Ordinance 2009-08 (Establish Developers’ Agreements), as per Planning Board recommendation, was seconded by Councilwoman Tooker and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-09 (Extend Seasonal One-Way on Niblick St.) was considered on second reading. Mayor Barrella opened the hearing to the public.
Dave Cavagnaro, Point Pleasant Beach: asked for caution when changing to one-way, as it puts a lot of traffic onto other streets.
Motion by Councilman Mercun, seconded by Councilman Cervino and carried by the following roll call vote, public hearing was closed and Ordinance 2009-09 was adopted on second reading.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-10 (Establish Shade Tree Commission) was considered on second reading. Mayor Barrella opened the hearing to the public.
Anne Lightburn: asked Council to adopt – put in a lot of work and research – extremely dedicated to protecting and increasing number of trees – gives town some liability protection and ability to get grants.
Motion by Councilman Mercun, to close public hearing and adopt Ordinance 2009-10 on second reading, was seconded by Councilwoman Tooker and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Dixon, Rizzo….YEA
Councilman Cervino….NAY

Ordinance 2009-11 (Bay Avenue Parking, West-Side -Trenton to Forman) 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 Mercun, seconded by Councilman Hennessy, and carried by the following roll call vote, Ordinance 2009-11 was adopted on second reading.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-12 (Establish Cap Bank) 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 Mercun, seconded by Councilman Hennessy, and carried by the following roll call vote, Ordinance 2009-12 was adopted on second reading.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-16 (Municipal Way – Parking for Authorized Vehicles) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-16 was approved on first reading. The public hearing will be held on June 16, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Ordinance 2009-17 (Capital Bond – Miscellaneous Items) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2009-17 was approved on first reading. The public hearing will be held on June 16, 2009.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Clerk Ellsworth added several items to consent resolutions listed below; Items l and m on Consent Resolution 2 were removed for separate consideration; Ben Dispoto questioned civil service application.
Motion by Councilman Mercun, seconded by Councilman Cervino, resolutions covering items listed below were carried by the following roll call vote:
CONSENT RESOLUTION 1:
a) Approval of professional service contracts for professionals appointed in January (Police Psychologist, Public Defender, Special Projects Counsel, Alternate Public Defenders)
b) Payment to Ocean County Landfill for tipping fees ($50,000)
c) Payments to Galvin Law Firm from Board of Adjustment accts ($1675)
d) Payments to CMX from escrow accts ($3740.85)
e) Change Order #1 for road improvements to Sanborn Avenue and Water Street
(-$16,912.36)
f) Release unexpended balance of Planning Board escrow account ($95.25)
g) Progress payment #1 to Allstate Power Vac for sanitary sewer system evaluation ($73,108)
h) Payment to Metric Group for annual terminal process fee & CPU board ($6702)
i) Payment to United Computer Sales & Service for support services
j) Payment to Daniel’s Bistro thru NPP façade grant ($5000 thru grant)
k) Payment to Control Screening for walk thru & hand held metal detectors ($3643)
l) Scheduled payment to PPB Board of Education ($774,463)
m) Payment to Bio-Key International for police software maintenance ($5713.20)
n) Payments to the Galvin Law Firm from Bd of Adjustment accts ($480)
o) Payments to the Galvin Law Firm from Planning Bd accts ($1260)
p) Payment to Open Space Trust Fund of 2nd Quarter Allocation ($63,888.30)
q) Payment to Maxor Plus for employee Rx benefit ($25,675.32)
r) Payment to Land’s End Condominium Association for release of performance bond & inspection fees ($2,531.32)
s) Approval of computer-generated vouchers ($1,316,229.80)
CONSENT RESOLUTION 2:
a) Approval of Payroll #11 ($241,240.35)
b) P O to Detcon for roll off container ($5497)
c) Payment to Albright Electric for police substation generator ($15,904 thru Grant)
d) Payment to Seaview General for drainage improvements on Parkway &Central ($83,774.28)
e) Appoint seasonal public works laborer (1)
f) Authorize Mayor to certify recommitment for NJDEP EIT Projects
g) Establish Jenkinsons Pavilion ABC License renewal hearing on 6/11/09 at 6:30pm
h) Approve St Peter PTA special event app for car placement on Boardwalk
i) Approve special event app to utilize Gazebo for wedding on 6/24/09
j) Approve Fellowship Chapel special event app for Band Shell concert on 7/9/09
k) Approve PPB Little League request to use field during town-wide garage sale contingent on Green Acres rules and regulations to be researched by Boro Attorney
l) Authorize Boro Engineer to submit DOT Grant app for Niblick St – Removed for separate consideration
m) Authorize Boro Engineer to submit DOT Grant app for Gowdy Ave – Removed for separate consideration
n) Authorize Boro Engineer to submit Safe Streets to Transit Grant as per his recommendation
o) Authorize Boro Attorney to file, as a preventative measure, an application with the Civil Service Commission regarding furloughs – CLOSED SESSION ITEM
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo….YEA

Mayor Barrella opened item to “Authorize the Borough Engineer to submit DOT Grant Application for Niblick Street” to the public for comment.
Ben Dispoto: support Niblick Street paving as it gets more wear and tear from tourists – volume of traffic is proportionately higher.
Mickey Diaz: asked, with regards to paving, if DOT can correct the bubblers or sewers on those streets – asked Council to consider because bubbler on Gowdy Avenue diverts all water from 800 block of Atlantic Avenue to the north side of the 700 block, which causes considerable flooding in front of the houses located there – been a problem since the County repaved Atlantic Avenue.
Motion by Councilman Mercun to authorize the Borough Engineer to submit DOT Grant Application for repaving of Niblick Street, from Baltimore to St. Louis Avenues, was seconded by Councilwoman Tooker, and carried by the following roll call vote:
VOTE: Council Members Mercun, Tooker, Dixon, Rizzo….YEA
Council Members Hennessy, Cervino….NAY

COMMITTEE REPORTS:

Councilman Mercun: No Report

Councilman Hennessy: No Report

Councilwoman Tooker: will be having a Farmers Market, starting mid-July; Fire Department answered calls in Seaside, Brick, and Point Pleasant – also doing shared services with Point Pleasant during the day; Barnegat Bay Festival is June 7th; Animal Welfare Committee is collecting electronics for recycling – program is working, have only had 1 litter of kittens this year – volunteers needed for fostering – AWC will have a table at Town-wide Garage Sale – if anyone wants to donate stuff, will sell it for you; have had people watching/reporting that they are seeing less geese – someone is feeding geese regularly at Silver Lake – every morning, food is left by sign to not feed the geese – this is a violation of the law and defeats purpose of geese lights; Shade Tree Committee received $1,000 grant for elm tree and replaced dying tree at High School – RT Davies took down the old tree for free – Public Works and the school helped plant; announced Freecycle Sunday after Town-wide Garage Sale.

Councilman Cervino: Open Space Meeting changed from 28th to 27th; work on sea wall is scheduled to begin next week; 28th will be testimonial for Mike Loughran at Martells; complimented Administrator Riehl, who received a letter from a resident thanking her for work she did on a problem they had; acknowledged Borough Attorney Gertner, who was extremely instrumental in asking Council to vote on a recommendation to award the contract for bathhouse operation and concession stand at the property formally called Risden’s – recommendation is based on economics – involves the following: bathhouse seasonal rental (first year is 10%, 2nd year 15%, 3rd year 20%) and actual renting of the property (first year will be $16,000, 2nd year $22,000, 3rd year $25,000)– suggested Council award contract to that bidder, Mr. and Mrs. Godesky.
Motion by Councilman Cervino to award contract for lease/operation of bath house and food concessions at the property formerly known as Risden’s South to Mr. and Mrs. Godeskey, T/A Café Teria, and to authorize Mayor Barrella to execute contract, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon, Rizzo…..YEA

Councilman Dixon: No report.

Councilman Rizzo: thanked those who have been sending him anonymous complaints, which have been addressed with various departments – Code Enforcer/Zoning Officer Petrillo has been going out, especially on Ocean Avenue, handing out notices – repeated violation by an individual cutting vegetation on 216 Washington – notified Police – individual advised – called Building Department, who couldn’t issue summons – Police need to issue summons – he and Chief DePolo meet with individual to address – area of concern is enforcement – requested either Mayor have a public meeting or general public come to a meeting to find out who actually enforces the rules, regulations and ordinances in this town (Mayor Barrella asked Councilmen Cervino and Dixon to sit with Chief DePolo and Code Enforcer/Zoning Officer Petrillo to work out who is truly responsible – need to establish who is going to take charge of these situations; Councilman Dixon: various scenarios have to be worked out; Councilman Mercun: explained issues officers encounter in these scenarios, such as entering private property and protective plantings and cuttings; Mayor: doesn’t believe Councilman Rizzo should have to go each and every time and fight the fight as to whose jurisdiction something is – reiterated need for a logical, coherent plan for whose got responsibility for what, and resolution – expects an answer by next Council Meeting) – another issue is the constant complaint regarding abandoned vehicles in different yards – non-registered/uncovered and been there for months.

Mayor Barrella: Lake of the Lillies lowering permit has been issued – important because that’s how we're going to dredge it – asked counsel where we stand (various motions scheduled for June 12th); don't know who approved line striping, on Baltimore Avenue in particular – it’s been done differently in past – presently, being done on a car-by-car basis – may increase parking for visitors – adds lines and takes out some of the jockeying for a space – asked Administrator Riehl to check on why it was changed; noted comments made tonight as to why certain things are introduced late – apologized for calling Council this afternoon on water/sewer issue – problem in water/sewer process is trying to get a fair plan – a lot goes into it – Deputy Finance Officer Beno has a lot of work to do beyond just running scenarios – was introduced tonight in title only because it was what I thought was an alternative, allowing us to discuss what I perceived to be a need to raise money for water/sewer; in response to other comments, Council doesn’t discuss in advance what we are going to do – per the Open Public Meetings Act, three or more of us can’t get together and determine what we are going to do – major philosophical differences between members may lead to debates, sometimes perceived as hostile – not criticizing anyone for difference in opinion – fortunate as a town to have dialogue where people are taking serious positions.

Administrator Riehl: No report.

Attorney Gertner: reported on closed session item, regarding placement of ATM's – Borough Engineer will review and make recommendations to Administrator and Governing Body.

PUBLIC PARTICIPATION PERIOD OPENED AT 11:05 P.M.

Mike Sirchio, Point Pleasant Beach: thanked Mayor and Council for service; explained why he’s upset with line painting on Baltimore Avenue.
Joe Lemma, Point Pleasant Beach: doesn’t agree with Councilman Hennessy’s views on liability, as it concerns removing town’s lamppost and garbage pails; addressed Councilman Cervino regarding waiving of parking in Risden’s lot during Open Space Open House and expressed that he had discriminated against the people in town.
Marilyn Burke, Point Pleasant Beach: referred to two recent committees formed by the Mayor – asked if there had been a meeting, who’s responsible to come up with a mission statement, and when to expect meeting.
Mary Jane Reilly, Point Pleasant Beach: thanked Councilman Rizzo for responding to complaints he’s been receiving about Ocean Avenue.
Dave Cavagnaro, Point Pleasant Beach: thanked Administrator Riehl for help with moving of port-a-john at Inlet and removal of sod at Boston and Niblick; thanked Lynn Zupko who was instrumental in getting a compost order for Beautification, plants from County and fixing leak in band shell; thanked Public Works for dropping off mulch and helping to get flags up, etc.; thanked Officer Mark Catalina for getting flag and pole back from private residence; spoke about letter he sent to Governing Body and Administrator Riehl regarding corner of his property and asked for response; asked for status of Inlet bathrooms; spoke about moving of Farmers Market venue – objected to use of pay lot and suggested moving it to either other train lot or Bank of America lot.
Anne Lightburn, Point Pleasant Beach: reported on Open House hosted by Open Space Advisory Committee at the former Risden’s Bathhouse – very successful event, thanked Max Gagnon and Marty Vaccaro for organizing it, Councilman Cervino for bringing sandwiches and Mayor Barrella for coming – shared sentiment expressed by public who showed up, that it was the right thing to do.
Dan DiCorcia, former Councilman, Point Pleasant Beach: happy to be on other side of aisle; complimented Mayor’s daughter, who’s graduating from Seton Hall Law School in three days.

Mayor announced there would be no appointment to Parking Authority at this time.

PUBLIC PARTICIPATION PERIOD ENDED AT 11:26 P.M.
The meeting was adjourned at 11:27 P.M.

Transcribed By:
Scarlett Johnson

Attest: Maryann Ellsworth, Municipal Clerk


Published August12, 2009 | Council Minutes | 847


Municipal Forms Download for Android Download for Iphone
Download for Iphones
Download for Android


Add/Remove/Update Your Contact Information
SwiftReach Networks, Inc.

Municipal Forms

Power Outage

Hurricane Sandy Information