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July 21, 2009


The Mayor and Council of the Borough of Point Pleasant Beach met at 6:34 PM with Mayor Barrella and Council Members Mercun, Hennessy, Cervino, and Dixon present. Council Members Tooker and Rizzo were absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act.

Department head memos and correspondence were discussed with items being moved to the agenda for action.
Jason Mandia, representing Europa South and Wine King: spoke about Police Department memo regarding Ordinance 2009-22, which would amend ABC license proximity restrictions – issues addressed in memo are not applicable, as they are site-specific – would be applicable at time of place-to-place transfer.
Diana Anderson, Attorney for resident/business owner: duality in Mr. Mandia’s statements regarding specific vs. non specific – criticizes Police Department memo as specific, but talks about specific kind of store and his clients’ desires to move store to that location – Lt. Dikun’s memo addresses legitimate concerns – there are pocket licenses that could go to other locations if this ordinance is passed
Attorney Gertner: Council is addressing general ordinance policy.
Gene Grygelko, Lions Club: paying special event fees would hurt what they could give back to the community; Councilman Mercun addressed the waiving of all fees, especially during this difficult budget period – objected to the waiving of the parking fees – waiving event fees puts financial burden on taxpayers – agreed to waiving Police costs, with hopes that parking lot fees would defray those costs.
Councilman Mercun: regarding ordinances 2009-21 and 2009-23, will review changes with Counsel and Clerk and have before next meeting.
Meg Garnder, Clean Ocean Action: asked for support in opposing three natural gas terminals off New Jersey coast – country has plenty of natural gas, don’t need liquified gas to heat our homes – closest location proposed is prime fishing ground; Councilman Cervino asked to hear opposing view before rendering decision; matter was held for next meeting.
Regarding Walsh request for release of performance bond, Administrator Riehl suggested holding money aside until final inspection was made.
Discussion ensued about definition of special event; NJ Transit has taken care of latest issues with Teen Night – discussion ensued regarding who should pay for additional Police services required – need to adequately police to ensure that residents aren’t inconvenienced – need to address how to police without burdening taxpayers with cost.
Borough Engineer Savacool addressed Council on status of Lake of the Lillies dredging project: all permits are done – have lake lowering permit – applied to NJ EIT program, which has advantageous funding this year, but have not received final word – took borings to determine the historic depth of lake – $3 Million cost to remove 50,000 - 60,000 yards and obtain 4 foot average depth – material has fairly high sand content, 60-80% of which has good market value –looking for alternative sources of funding – suited for Open Space funding – economic climate very good as contractors are hungry for work and submitting competitive pricing – Monmouth County project is about the same size and fee was a little over $1 million through low bidder – would like to go to bid by mid August and award in September – 90 day construction period – preferable to do in fringe season - proposed work includes traps to prevent the recurrence of silting .
Councilman Mercun: nothing more important then bringing these lakes back – can’t miss this opportunity – can’t say that open space monies can’t be used for this purpose – shouldn’t buy more properties without saving the ones that we own.
Councilman Cervino: in the interest of town to take advantage of the current economy.
Administrator Riehl will check with Bond Counsel about need to go before the Local Finance Board; special meeting date was set for 8:30 AM on August 4, 2009.

Motion by Councilman Cervino, to enter closed session to discuss one litigation and four contractual matters, was seconded by Councilman Mercun and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Cervino, Dixon…YEA

Closed session started at 7:47 P.M. and ended at 8:09 P.M.

Mayor Barrella called the regular meeting to order at 8:18 P.M. Present were Council Members Mercun, Hennessy, Tooker (Municipal Clerk confirmed identity and presence of Councilwoman Tooker via conference call), Cervino and Dixon. Councilman Rizzo was absent. The Municipal Clerk again read the notice indicating compliance with the Open Public Meetings Act.

Motion by Councilman Mercun, to approve minutes of the May 5, 2009 and May 16, 2009 Council meetings, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon,…YEA

Ordinance 2009-20 (Parking Requirements for Beaches) was considered on second reading.
Ben Dispoto: asked what this ordinance does that wasn’t in effect before, if State guidelines were being followed and if low tide required more parking.
Borough Engineer Savacool: no parking use currently associated with a beach – establishes the association between beach use and need for parking – criteria used was patrons per square foot.
Attorney Gertner: would permit a review board to take parking into effect for that use – Planning Board addresses development requirements – zones have permitted uses, building criteria and list of parking requirements for a variety of uses.
Ron Gasiorowski, Attorney appearing on behalf of Jenkinsons and Martell’s: intent is to zero in so that a Risden’s situation doesn’t happen again – no parking was required when beaches were established – this ordinance does not accomplish what you want to accomplish – whatever his clients seek to do, has to be approved by Board of Adjustment – this imposes an additional requirement, a use variance which is impossible for them to accomplish – will lead to litigation and significant hardship.
Engineer Savacool: clarified that any application for construction on east side of boardwalk requires a use variance.
Edward R. McGlynn, Attorney for Jenkinsons: asked what would happen if they wanted to sell the beach.
Councilman Mercun: attempt of ordinance is to address public trust document – to secure public’s access to beaches – asked what adverse situations can arise, and if we are creating more litigation than we are trying to resolve – merely trying to secure access to the beaches.
Attorney Gertner: page 9 in the 1990 land use rule talks about efforts that should be made to maintain the supply of private parking – vision that, for properties east of boardwalk, there is a provision for parking for the public.
Attorney McGlynn: complained that notice was not given to property owners.
Vince Castin, Point Pleasant Beach: opening a can of worms with ordinance like this.
Stewart Fischer, Point Pleasant Beach: complained that all his dreams and hopes to purchase Risdens Beach would be cabached.
David Cavagnaro, Point Pleasant Beach: thanked Council for looking to protect parking lots in town.
Kristen Hennessy, Point Pleasant Beach: important to have a vision of where we have been and where we are going – too important to make a quick, snap decision – understand this comes from Planning Board – Mr. Galvin is one of the best land use ordinance attorneys – should listen to those whose expertise we pay for – asked if this will prevent another Risden’s debacle – need to preserve premium parking, to protect vision of Master Plan – most businesses have parking requirements – existing businesses are grandfathered – if someone wanted to buy the beach in the future, the parking needs to be preserved – need to stop the development of homes on private parking lots – advised tabling until more information can be derived from the professional land use experts – need to have a vision and not make knee jerk reactions.
Frank Carey, Point Pleasant Beach: asked if a buyer would have to meet the criteria and if any of beaches meet this criteria.
Motion by Councilman Cervino, to close public hearing, was seconded by Councilman Hennessy and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino, Dixon….YEA
Motion by Councilman Mercun, to table vote due to question regarding notice to property owners, was seconded by Councilman Dixon and carried by the following roll call vote:
VOTE: Council Members Mercun, Dixon, Tooker….YEA
Council Members Hennessy, Cervino….NAY

Ordinance 2009–24 (Lake Louise Dredge Bond) was considered on second reading. Mayor Barrella opened hearing to the public.
Dave Cavagnaro, Point Pleasant Beach: thanked Council for moving forward with dredging – asked if any decision had been made about pump at Boston and Niblick.
John Olsen, Point Pleasant Beach: thanked Council for their support for dredging both lakes – Lake Louise took 15 to 16 years – Lake of the Lillies only took year to a year and a half.
Mr. Sinnema, Birdsall Engineering: moving ahead with bid documents – spoke to NJDEP who had final say on permit – everything is moving forward – Mr. Olsen was being persistent and Mayor got heavily involved.
Motion by Councilman Cervino, to close public hearing and adopt Ordinance 2009-24 on second reading, was seconded by Councilman Mercun and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Tooker, Cervino…..YEA
Councilman Dixon….Abstain (Councilman Dixon had formerly recused himself from discussion as he lives on Lake Louise).

Councilwoman Tooker ended conference call at 9:04 P.M. Mayor Barrella explained that Councilwoman Tooker was available via teleconference as neither Councilmen Rizzo nor Dixon could participate regarding Lake Louise matter as they both lived on the lake.

Ordinance 2009-26 (Sunset Amendment to Ordinance 2009-07) was considered on second reading. Mayor Barrella opened hearing to the Public:
Ben Dispoto, Point Pleasant Beach: disappointed that charge is not based on usage – most utilities charge by usage – ridiculous that the more you use, the less you pay.
Dave Cavagnaro, Point Pleasant Beach: need for increase is understood – asked Council to monitor the surplus – asked for pledge from Council not to do this again
Motion by Councilman Cervino, to close public hearing and adopt Ordinance 2009-26, was seconded by Councilman Mercun and carried by the following roll call vote:
VOTE: Council Members Mercun, Hennessy, Cervino and Dixon….YEA

Ordinance 2009-22 (ABC License Proximity Amendment) was introduced on first reading.
Councilman Mercun: first reading doesn’t infer support for ordinance – will stimulate comments from the pubic at 2nd reading – need to hear from the public.
Motion by Councilman Mercun, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2009-22 was approved on first reading. The public hearing will be held on August 18, 2009.
VOTE: Council members Mercun, Cervino, Dixon….YEA
Councilman Hennessy….NAY

Ordinance 2009-27 (Handicap Parking) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2009-27 was approved on first reading. The public hearing will be held on August 18, 2009.
VOTE: Council Members Mercun, Hennessy, Cervino, Dixon….Yea

Ordinance 2009-28 (Parking on Broadway and Beacon Lane) was introduced on first reading.
Councilman Dixon: complained that signs were up before the final okay was given.
Discussion ensued between Council, Administrator and Borough Engineer about parking on that section of Beacon Lane
Motion by Councilman Hennessy, to separate proposed ordinance into two ordinances, was seconded by Councilman Cervino and carried by the following roll call vote.
VOTE: Council Members Mercun, Hennessy, Cervino, Dixon….YEA.

Ordinance 2009-28 (15 Minute Parking on section of Broadway) was re-introduced as amended on first reading.
Motion by Councilman Mercun, seconded by Councilman Cervino and carried by the following roll call vote, Ordinance 2009-28 was approved on first reading. Public hearing will be held on August 18, 2009.
VOTE: Council Members Mercun, Cervino, Dixon….YEA.
Councilman Hennessy…NAY

Ordinance 2009-29 (Parking on Beacon Lane) was introduced on first reading.
Motion by Councilman Mercun, seconded by Councilman Hennessy and carried by the following roll call vote, Ordinance 2009-29 was approved on first reading. The public hearing will be held on August 18, 2009.
VOTE: Council Members Mercun, Hennessy, Cervino, Dixon….YEA

Clerk Ellsworth added several items to consent resolutions listed below; Vince Castin addressed Consent Resolution 1/Items ‘v’ and ‘w’ – not necessary at this point – don’t want the state coming in to tell us what to build – will die after this year’s election as Christie will abolish COAH – asked if town will receive money from state for housing inspections; Frank Carey spoke about waiver of fees for non profits – waiving fees for local organizations costs us a few dollars, but they give back to the community in ways that municipality isn’t able to; Dave Cavagnaro asked about special meeting regarding Lake of the Lillies dredging project.
Motion by Councilman Mercun, seconded by Councilman Cervino, resolutions covering items listed below were carried by the following roll call vote:
a) Acceptance of 2008 audit report
b) Payment to Pitney Bowes for prepaid postage ($3119.60)
c) Payments to the Galvin Law Firm from Board of Adjustment accounts ($2512.50)
d) Payment #1 to Office Business Systems for recording system upgrade ($2095)
e) Payment to Manasquan Mirror and Glass for security windows ($2,553)
f) Approval of Payroll #14 ($247,054.05) and Payroll #15 ($319,251.18)
g) Payment to Ocean County Landfill for tipping fees ($25,000)
h) Approval of Project Graduation town-wide garage sale on 10/03/09
i) Establish Sanitation Schedule
j) Payment to Maxor Plus for employee Rx benefits ($25,776.04)
k) Revise salary for 2009 Recreation summer program
l) Payments to CMX from escrow accounts ($1771.75)
m) Payments to employees for insurance opt-out ($19,791.19)
n) Payments of computer generated voucher ($886,647.22)
o) Scheduled payment to PPB Board of Education ($805,442)
p) Payment of 2 NPP grant reimbursements ($9250)
q) Release road opening bond ($250)
r) Release dumpster bond ($250)
s) Payment to Horizon BCBS for employee health benefits ($108,225.85)
t) Payment to Ray Smalling Custom Painting for building & Boardwalk rail painting ($2900)
u) Establish Non-Union personnel salaries
v) Appointment of Municipal Housing Liaison for COAH purposes
w) Endorsement of Housing Element and Fair Share Pan and Petition to COAH for substantive certification
a) Payment to Bird Construction for Lake Louise bulkhead replacement ($20,891)
b) Appointment of seasonal public works laborer (1)
c) Authorization for Karen DeLancey to conduct annual dog census
d) Award contract for energy audit to Steven Winter Assoc ($13,524)
e) Authorization to negotiate with County of Ocean to take River Avenue as a municipal road and change Channel Drive to a county road
f) Progress payment #3 to Roof Diagnostics for roof repairs to municipal building ($7374.20)
g) Authorization to advertise for position of mechanic
h) Approval of computer generated vouchers ($243,721.66)
i) Authorize Birdsall Engineering to provide engineering services in regard to Lake Louise dredging project ($118,300)
j) Progress payment #4 to Roof Diagnostics for roof repairs to P/W garage ($4889)
k) Authorize Mayor to execute State Local Cooperative Housing Inspection Program agreement
a) Payment to CMX from Planning Board escrow account ($941.50)
b) Establish additional non-union salary
c) Payment to Metric Group for accent tickets for parking machines ($4260)
d) Authorization for Mayor to execute the use & occupancy agreement for Bd of Ed use of Well building
e) Special event license for Rotary Club for ticket Sales
f) Special event license for Antrim PTO for ticket Sales on Boardwalk
g) Approval for special event license for Lions Club for Tube Race on 9/20 with waiver of municipal fees
h) Approval for special event license for Lions Club for 5K on 9/19 with waiver of municipal fees
i) Approval for special event license for Lions Club craft show on 9/20 with waiver of municipal fees
j) Authorization for O’Donnell Stanton to proceed with phase 2 of sanitary sewer evaluation
k) Authorization for release of Walsh performance bond contingent on several conditions
l) Set special meeting for August 4th at 8:30 AM for Lake Louise bond, contingent on local finance boards scheduling
VOTE: Council Members Mercun, Hennessy, Cervino, Dixon….YEA

Councilman Mercun: thanked Chief DePolo and police department for yeomen’s job performed all summer – focus on failure to yield to pedestrian in crosswalks was proactive stance to insure safety of people crossing the street – doubled amount of arrests that were made over the previous weekend on July 4th; met with Revenue Committee member Bill Reilly – going to send out notice to get going sometime next week – going to examine revenue leaks and come up with a process for special events – suggestion was to let applicants bid for special events and the use of our facilities; had opportunity to sit with Animal Welfare Committee – very impressed by their passion and balanced approach – provided stats that geese are gone since inception of lights on Lake of the Lillies – on Little Silver Lake, due to feeding – once the food source is eliminated, they are gone – reminded people not to feed the geese – the Committee will provide paperwork on toxicity of geese droppings.

Councilman Hennessy: thanked DPW Superintendent Trout for putting bike racks at the end of Broadway and New Jersey Avenue and for refreshing the curb lines on Philadelphia Avenue; acknowledged work of Tippy Cassidy at recycling center; local business had issue with putting out their trash – all businesses must put trash out in cans – starting August 1st, if they are non compliant, they will be issued a summons; will be meeting with Councilman Cervino and Code Officer Petrillo to rewrite trash ordinance – DPW Superintendent will assist, along with Municipal Clerk and Borough Administrator; will also re-write animal house ordinance – should look at Belmar home page and their welcome message – animal houses are not welcome here – not fair to the residents – abide by the rules or leave; Council decided to revert back to the old trash schedule – asked where money was coming from.
Borough Administrator Riehl: funds coming from special event payments for DPW services and from insurance reimbursements for on the job injuries.

Councilman Cervino: reported on Building and Code department activities – 29 inspections with $42,732 in revenues; issue with trash was a problem – eyesore over the weekend; complimented Risdens for steps they have taken; Council to consider a sign for the outside of former Risdens South building – invited all to visit the “I’m a Local Café” located there; met with insurance brokers, representatives from Blue Cross/Blue Shield, Administrator Riehl and Clerk Ellsworth to investigate possible cost savings – HRAs and other options discussed; Open Space meeting on July 23rd – will review sketch for shade pavilion – public is invited; Beautification meeting is next Tuesday.

Councilman Dixon – provided Police department stats – during rainy month of June, there were 2922 parking tickets, 10 DWI arrests, 232 borough ordinances and 298 arrests – some complaints about too many police officers, but they are showing they are needed – spoke about recent incident in Jersey City, where 6 or 7 officers were injured with one fatality while looking for armed robbery suspects – could happen here too.

Mayor Barrella: contacted DOT to pursue Lake of Lillies; Risdens’ revenues exceed the projections; good to have police officers out there – been receiving e-mails from people getting tickets – it sours people on tourism in the Beach – would like to see alternative revenue sources instead of $48 tickets and $2.50/hour parking meters.

Administrator Riehl: town newsletter should be mailed within next 2 weeks; contractor will try to finish Inlet sea wall job tomorrow – sheet was installed, but was not tight enough; Lake Louise bulkhead at Randall Avenue is completed – will be receiving $5,700 from County for that project; first revenue check for ATM machines was $2,662 for May and June; Open Space account has roughly $680,000 – $300,000 received from State Green Acres for Inlet – taken in $1,850 on lease of former Risden’s property and $19, 018 on lot through last weekend – packet put together for State on Green Acres grant for Risden’s property.


Max Gagnon, Point Pleasant Beach: terrific news that Open Space is going to carry itself; old house at 300 Chicago Avenue has been abandoned over 3 years – way beyond time that the building should be demolished – would have been done a long time ago if it was in the 1st district; glad to see something is being done about refuse pickup – there are dumpsters in the middle of the street on Ocean Avenue, clearly in violation of law – been going on for years and nothing gets done – needs to be handled, and done expeditiously.
Florence Chmiliewski, CJ’s Polish Deli: CJs is right next door to the Elks – past 5 months have been miserable – been bombarded with kids with phony NY IDs – called police with no response – no police patrols in area – called Liquor Chain and A&P liquors, but they are not having the same problem – CJs is on the outskirts of town and is being made a target – kids know there is a lot of activity around the Boardwalk – kids park in the bank parking lot, across the street, and show phony NY ID – when challenged they leave the merchandise at the counter and escape to their cars across the street – a cluster of stores doesn’t mean you will have a problem, CJ’s is alone and has a problem with under age children.
Dave Cavagnaro, Point Pleasant Beach: thanked Clerk for performing difficult task with recall petition; thanked Public Works for keeping town looking so nice; thanked Administrator Riehl and Dennis Russell for getting striping done; concerned about lost revenue in railroad lot due to Farmers’ Market – not supposed to be free parking – cars are leaving because there are no spots – Farmers’ Market in Borden’s lot was supposed to bring foot traffic into downtown – in railroad lot, it’s killing pedestrian traffic and costing town parking revenue; counted 20-23 geese near band shell even though lights are on Little Silver Lake; Teen Night started in 2007 and is still a big problem in 2009 – appreciate that Boardwalk is trying to run a nice event, but if it’s bringing kids that are causing a problem, it should be stopped.
Anthony Lombardo, Point Pleasant Beach: Garbage Committee met in April and May – looks like that time was wasted – knew this was going on – spoke to White Sands at that time – dumpsters are overloaded too – have two different type of waste, wet and dry; thanked Councilman Mercun for finally putting foot down to give out tickets.
John Bezerra, Point Pleasant Beach resident and owner of Europa South: seems there are two main points of concern with Ordinance 2009-22 – first is competition – Liquor Chain is outside the 500 feet radius – only 2 businesses are within the 500 foot radius and should have a say or concern, Europa South and Frankie’s, both of which have ABC consumption licenses – Liquor Chain may be affected, but it is their job to improve their business – 10 years ago, people would wait an hour to get into Europa South, but now, if there is a wait, they will go someone else – Europa is negatively affected by any new restaurants, but more restaurants are good for the town – disagreed with police memo about negative effect – there is a parking lot in the back – any other store will also require parking – Council has to look at this as an investment in the town – there are plenty of open store fronts and no foot traffic – this business would be a great addition to town and create a new vibe – could help revitalize the downtown – very few towns, do what the Beach does – they don’t distinguish between licenses, only the same type license.
Mr. Mandia, Attorney for Wine King and Europa South: no safety or general welfare concerns were addressed in police memo – nothing specifically geared to this amendment.
Ben Dispoto, Point Pleasant Beach: questioned if town really needs more traffic on corner of Arnold Avenue and Route 35 South – more of a package goods store than fine wine shop; White Sands is private pickup with dumpsters being placed in the streets – dumpsters don’t belong in street – perhaps businesses should be charged for extra garbage pick-ups – residences only get pick-up two times a week.
Kristen Hennessy, Point Pleasant Beach: during budget process, there was a lot of discussion about increasing fines on quality of life issues – need a zero tolerance policy; Mr. Warga and Mr. Mahan made inquiries on how they could open up an easement to the “I’m a Local Café” from their beach – asked how that could be done; asked about opening public access point by 1806 Beacon Lane.
Bob Weiner, Point Pleasant Hardware: tenant next door to proposed Wine King site – may need to close after 2 recessions and 2 Gulf Wars – fighting for survival – every dollar is very important – Hardware store is only retail presence in that block with no foot traffic – needs a tenant next door – needs to find ways to save money and generate as much business as he can – parking is not an issue – there is no fighting for spaces on Arnold Avenue and there is parking in the back – licenses won’t be lined up once the ordinance is in place.
Max Gagnon: asked why Boardwalk right of way couldn’t be used to access former Risden’s building.
Pam Rickman, Point Pleasant Beach: had no objections to wine store on Arnold Avenue.


The meeting was adjourned at 10:47 p.m.

Published November25, 2009 | Council Minutes | 901

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