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Minutes of Commissioners Meeting   -   February 9, 2005

Note:  Complete Meeting Appears on Tape #5-05 on File in the Borough Clerk’s Office February 9, 2005
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Pantalone led those present in the Pledge of Allegiance to the Flag.

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 9:30 a.m.  On roll call the following answered to their names:

Cabrera – Tomlin – Pantalone - Yes

Mr. Pantalone read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader and The Press on December 6, 2004.

Mr. Pantalone next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

Mr. Pantalone inquired if anyone present had any bid or bids to be submitted for (1) 2005 8000 lb. capacity diesel, I.C. pneumatic tire forklift; (2) hydraulic pump powered beach cleaner; (3) Model AS2854-2 Rhodes end dump trailer, or equivalent; (4) 2005 Ford F350 4x4 dump truck with spreader, or equivalent; (5) 2005 Ford F250 4x4 utility body with plow, or equivalent; (6) 2005 trash packer; or (7) 2005 Ford Explorer 4x4 XLS, or equivalent. Hearing no response, Mr. Pantalone then inquired if the Clerk was in receipt of any such bids. The Clerk responded in the affirmative.

THE CLERK THEN READ THE NOTICE TO BIDDERS IN FULL.

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the bid or bids received be opened and read.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK THEN OPENED AND READ ALL SUCH BIDS RECEIVED.

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the bid or bids received be referred to the Solicitor and appropriate Department Heads for their evaluations and recommendations.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK THEN HANDED ALL BIDS RECEIVED TO THE PUBLIC WORKS MOTOR POOL SUPERVISOR FOR HIS REVIEW, PRIOR TO SAME BEING FORWARDED TO THE SOLICITOR

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 969

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 79

OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, VEHICLE

AND TRAFFIC, ARTICLE XII, TIME LIMIT PARKING, SECTION 79-35,

SCHEDULE IV

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 969 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 23, 2005 at 7:00 p.m.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 970

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 79

OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY

OF CAPE MAY AND STATE OF NEW JERSEY, VEHICLE AND

TRAFFIC, ARTICLE II, PROHIBITED PARKING, PROHIBITED STOPPING

OR STANDING AND TIME LIMIT PARKING, 79-7 HANDICAPPED

PARKING

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 970 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 23, 2005 at 7:00 p.m.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 971

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST KNOWN AS THE “SALARY

ORDINANCE” FIXING AND DETERMINING SALARIES AND

COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST,

IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE

TIME AND METHOD OF PAYMENT

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 971 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 23, 2005 at 7:00 p.m.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 699-05

(Authorizing deferral of school taxes in the amount of

$1,974,654.50 to the year 2005)

 

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 700-05

(Authorizing introduction of the calendar year 2005 Municipal Budget)

 

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 701-05

(Authorizing submission of a grant application in the amount of

$23,645 to the State of New Jersey, Office of the Attorney General,

Department of Law & Public Safety, for an “Aggressive Driving

Enforcement Patrol” grant)

 

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 702-05

(Authorizing award of Bicycle Concession Rental #8A for the period

2005 through 2009 at the annual rent of $41,100)

 

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 703-05

(Authorizing issuance of a Special Events Permit to John P. Ranieri for

the purpose of conducting a wedding photo shoot at the Rambler Road

Gazebo on May 14, 2005 between 3:00 p.m. and 5:00 p.m.)

 

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 704-05

(Authorizing the waiver of a special events permit for the purpose of

endorsing the “Polar Plunge for Andrew” to be held March 5, 2005

in honor of Andrew Alameno)

Mr. Cabrera motioned, seconded by Mr. Tomlin, that the foregoing Resolution be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 705-05

(Authorizing refunds of overpayment of taxes in the amounts of

$1,760 and $925.91 to Andrew and Sharon Bishop and Aurora

Financial Group, respectively)

 

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 706-05

(Authorizing endorsement of the NJDEP Treatment Works Approval

for the Royal Beach Condominium Project)

 

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

Mr. Tomlin motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and which appear in full hereinbelow, be paid.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

Madelyn Calloway, 7601 Pacific Avenue, inquired as to the purpose of the ordinance introduced earlier regarding handicapped parking. Mr. Pantalone responded that it is Dr. Lewis’ dental office and that he has been having a problem with people parking in front of his office, blocking access for his patients. Mr. Pantalone went on to add that the Borough has provided limited access parking to doctors’ offices in the past.

Michael Preston, Construction Official, of the Joint Construction Office of the Wildwoods, appeared before the Board of Commissioners in order to respond to several questions posed by the Board of Commissioners in recent correspondence to Mr. Preston regarding the operations and procedures of “JCOW”.

Mr. Preston indicated that his office generates monthly reports and copies of those reports are provided to the Assessor’s Office. Mr. Preston added that he would be happy to provide those reports twice per month if the Commissioners so desired. Mr. Cabrera inquired if the reports provide information regarding building permits issued. Mr. Preston responded in the affirmative. Mr. Cabrera inquired if those reports could be “summarized” in a report to the Board of Commissioners. Mr. Preston responded that his office could do a summary, but indicated he was not sure it would provide the “breakdown” the Commissioners are looking for with regard to individual projects, contractor, property owner, etc., and that the complete report provided to the Assessor is more detailed. Mr. Pantalone inquired if the monthly reports cover the entire JCOW area. Mr. Preston responded that the reports cover Wildwood Crest only. Mr. Preston went on the state that his office prints a monthly “certificate” report and they could also print an “activity report” which would indicate the address of the project.

Mr. Cabrera interjected that it was his experience, from having the Code Enforcement Office under his department, that there are many calls regarding construction projects with overflowing trash and debris, etc., and that he has asked the Code Enforcement Officer to start enforcing “cleanliness of the sites.” Mr. Cabrera inquired how that directive overlaps with the duties of the Joint Construction Office. Mr. Preston indicated he had no objection to that procedure. Mr. Cabrera then inquired if there was a possibility of his obtaining a report from Mr. Preston’s office that could be provided to the Code Enforcement Officer in order that they would have the “contact” information with regard construction sites. Mr. Preston suggested that the Borough adopt an ordinance requiring that such information be provided to the Borough by the contractor. Mr. Tomlin interjected that Mr. Preston’s office “already has” that information and inquired as to how that information could be provided to the Borough without the necessity of adopting another ordinance. Mr. Preston responded that his office could certainly provide the information to the Borough on a weekly basis, but that it was his understanding that Commissioner Cabrera was requesting a “printout” with the information contained on it. The computer system at JCOW is not set up to provide the information as to the responsible person for any particular job site.

Mr. Cabrera inquired if there is the possibility of providing a “running” report such as a spreadsheet format simply summarizing the pertinent information required by the Borough. Mr. Preston responded that it is possible, but it would be extremely time consuming for his office staff.

Mr. Pantalone interjected that the dumpster situation seems to be the most problematic, and inquired if the Borough has a dumpster ordinance. The Clerk responded in the affirmative. Mr. Pantalone added that the port-a-potty situation is also a problem. The Clerk interjected that the dumpster ordinance is in the process of being revised for the consideration of the Board of Commissioners.

Mr. Tomlin stated that, since the Assessor receives the reports monthly from the Construction Office, it should be possible for the Code Officer to simply obtain the necessary information from that office.

Mr. Preston indicated that one of the questions posed to him in the previous correspondence was “how is it determined for JCOW inspectors to visit Wildwood Crest,” and “the Borough would like to see weekend coverage.” His response was that his office provides “handouts” to contractors when permits are issued that contain the applicable statutory provisions for schedule of inspections. Also, additional inspections may be scheduled on a “complaint basis” and those inspections could well be on weekends if it is an emergency situation.

He went on to add that it was his understanding that Wildwood Crest has an ordinance prohibiting construction activities on weekends and holidays. Mr. Cabrera interjected yes but that there is construction “going on” during weekends and holidays. Mr. Pantalone added that it was his opinion that the large percentage of those persons are not registered with the Construction Office. Mr. Preston stated that his office attempts to coordinate with the police department for the enforcement of some of the local ordinance violations since they have more officers on the street to see those violations during (JCOW) off hours.

Mr. Cabrera inquired as to how, after the permits are issued, the inspections are scheduled by Mr. Preston’s office. Mr. Preston responded that it is a “manual system” that relies upon the contractor or homeowner to call his office to schedule an inspection based on the statutory schedule.

Mr. Pantalone inquired how Mr. Preston’s office handles projects that are halted for no apparent reason in the middle of the construction. Mr. Preston responded that new regulations have been adopted that will regulate the time frame for various aspects of construction projects.  Mr. Preston asked, if there are any specific sites of concern, that his office be notified.

Mr. Cabrera inquired if Mr. Preston’s office provides “weekend coverage” at the present time. Mr. Preston responded “currently not.” Mr. Cabrera asked if it would be a possibility in the future by staggering staff. Mr. Preston responded that there is a possibility, but that he will have to look at the work schedule in his office.

Mr. Preston then addressed the issue of complaints from residents of possible violations of height limits. He indicated that his office does a “zoning review” of each application received in order to verify setbacks, lot coverage, etc. He went on to state that the Borough has recently changed some height limits from “29 feet to the peak of the roof” to “29 feet maximum height at the eve.” Under the circumstances, there are some buildings still under construction that had permits prior to the change in the ordinance. Additionally, the height is measured “from the base flood elevation,” which varies throughout the Borough and can produce height differences as much as five feet.

Mr. Tomlin indicated that he has a list of complaints regarding houses that are higher than twenty-nine feet, but he has no idea when the permits were issued. Mr. Preston responded that he will check them out and provide a report to the Commissioners. Mr. Tomlin asked Mr. Preston what course of action the Borough should take in the event the complaints continue. Mr. Preston responded that the complaints can be directed to his attention and he will respond.

Mr. Cabrera questioned how many inspectors are employed by JCOW. Mr. Preston responded that currently there are six inspectors and one more will be hired in the near future. Mr. Cabrera inquired if they all do the same type of inspections, or are some of them “specialized.” Mr. Preston responded “it varies” and that there are four who do building, one who does fire, and another individual who is licensed to do building, plumbing, electrical or fire. Mr. Cabrera asked Mr. Preston if it was his opinion that the seven inspectors will be able to handle the “load” that the island is currently experiencing in construction. Mr. Preston responded, “I think so.”

Mr. Cabrera summarized the Commissioners’ position that Mr. Preston’s office and the Borough should be “proactive while the building boom is going on rather than reactionary.”

Mr. Cabrera inquired of Mr. Preston, “what is the procedure” for addressing the issues discussed at this session, specifically, weekend coverage, staffing, complaint logs, reports, etc. Mr. Preston responded that he can provide the reports, but that the JCOW Board of Directors will have to authorize overtime for weekend coverage or additional staffing.

Mr. Preston inquired if the Board of Commissioners would desire that he provide the reports two times per month rather than monthly. The Commissioners responded in the affirmative.

There being no further discussion, Mr. Cabrera motioned, seconded by Mr. Tomlin, that the meeting be adjourned.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

Dated:         February 23, 2005

Kevin M. Yecco, Borough Clerk

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