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Minutes of Commissioners Meeting   -   April 6, 2005

Note:  Complete Meeting Appears on Tape #9-05 on File in the Borough Clerk’s Office April 6, 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. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 975 be placed on second reading and final passage by title only.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 975

AN ORDINANCE CREATING CHAPTER 66 – STORMWATER CONTROL –

OF THE CODE OF THE BOROUGH OF WILDWOOD CREST TO

ESTABLISH MINIMUM STORMWATER MANAGEMENT REQUIREMENTS

AND FOR STORMWATER POLLUTION PREVENTION FOR MAJOR

DEVELOPMENT

Mr. Tomlin motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 975.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Jim Johnstone, 300 East Miami Avenue, inquired if the Borough will be implementing a change during the summer months when there is street flooding. He clarified his question by asking if the Borough will be extending outfall lines or in some fashion circumventing the flow of water. Mr. Cabrera responded that the pending ordinance deals with the mandate by the State of New Jersey that every municipality must enact a stormwater ordinance. He went on to state that the ordinance does not require the Borough to do anything locally in terms of outfall lines or the stormwater drainage system.

Mr. Johnstone inquired if the pending ordinance will assist the police to control the dumping of feces. Mr. Pantalone responded that the police, on a number of occasions, have made arrests in instances where people were dumping oil and this ordinance does not change that.

There being no further public comments, Mr. Cabrera motioned, seconded by Mr. Tomlin, that the public hearing on Ordinance No. 975 be closed.

Vote:           Cabrera-Tomlin-Pantalone

Mr. Cabrera motioned, seconded by Mr. Tomlin, that Ordinance No. 975 be passed on second and final reading and advertised according to law.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

The Clerk stated for the record that Resolution No. 700-05 adopted February 9, 2005 authorized the introduction of the CY 2005 Municipal Budget. He further stated that there was an authorized amendment to the CY 2005 Municipal Budget, authorized by Resolution No. 723-05 adopted March 23, 2005, and said Resolution was read in full at the public meeting of March 23, 2005 and duly published.

Mr. Cabrera motioned, seconded by Mr. Tomlin, that a public hearing on the Amendment to the CY 2005 Municipal Budget be held.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Jim Johnstone, 300 East Miami Avenue, inquired if the increase created by the amendment of approximately $75,000 was due to the Small Cities Grant. Mr. Pantalone responded “partially.”

Mr. Johnstone then inquired what has happened with the surplus reduction of approximately $100,000. He then corrected himself and indicated that the reduction in surplus was approximately $10,000. Mr. Tomlin responded that it is $10,000 less that the Borough is using. Mr. Johnstone inquired if the Borough still has that money from a previous year. Mr. Tomlin responded in the affirmative.

Mr. Johnstone then stated that the Borough has an increase in ratables of approximately $52 million, and inquired why the budget is “more” in comparison to 2004. Mr. Tomlin indicated that he could not respond to the inquiry since this public hearing is for the amendment only and that he could only address questions with regard to that amendment.

Mr. Johnstone then inquired any the amendment was necessary. Mr. Tomlin responded that one of the reasons was for the $52,000 for the Block Grant. The Clerk interjected that there was an increase in the Engineering line item in the amount of $25,000. Mr. Cabrera stated that the increase was necessitated to do the work to bring the Borough in compliance with the state’s requirement for stormwater regulations.

There being no further public comments, Mr. Cabrera motioned, seconded by Mr. Tomlin, that the public hearing on the amendment to the CY 2005 Municipal Budget be closed.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 733-05

(Confirming compliance with budgetary self-examination requirements)

 

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. 734-05

(Adopting 2005 Municipal Budget)

 

Mr. Cabrera motioned, seconded by Mr. Tomlin, that the foregoing Resolution, inclusive of the amendments authorized by Resolution No. 723-05, be adopted.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 735-05

(Authorizing return of unexpended balance of grant funds in the

amount of $364,757.23 to The Byrne Fund)

 

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

Vote:           Cabrera-Tomlin-Pantalone-Yes (all added “in the spirit of cooperation and to move the project along in the City of Wildwood.”)                                 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 736-05

(Authorizing award of contract to Seely Equipment and Supply Co., Inc.

to provide a Model AS2854 Rhodes End Dump Trailer for the not to

exceed bid price of $46,891)

 

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. 737-05

(Authorizing award of contract to Cherry Valley Tractor Sales to provide a

2005 8000 lb. capacity diesel, I.C. pneumatic tire forklift for the not to

exceed bid price of $24,888)

 

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. 738-05

(Authorizing award of contract to PNC FLM, LLC Princeton Nassau

Conover FLM to provide a 2005 Ford F350 4x4 dump truck with spreader

for the not to exceed bid price of $35,250)

 

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. 739-05

(Authorizing issuance of a Special Events Permit to South Jersey Surfcasters

for the purpose of holding a surf fishing tournament on May 7, 2005 on the

Wildwood Crest beach from Stockton Road to Washington Avenue)

 

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

The Clerk stated for the record that there is one remaining item of equipment that is “on holding” pending the return of the Solicitor from vacation in order to obtain her further opinion on the award of that contract.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 740-05

(Authorizing issuance of a Special Events Permit to the Brendan Borek High

Tides Memorial Fund for the purpose of a fund raising walkathon to be held

on May 1, 2005 at various locations throughout the Borough)

 

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. 741-05

(Proclaiming the month of April as Child Abuse Prevention Month)

 

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, be paid.

Vote:           Cabrera-Tomlin-Pantalone-Yes

 

Mr. Cabrera requested that “lease agreement with DooWop” and “reconstruction of Surfside” be stricken from the “Old Business” portion of the agenda in light of recent developments. Mr. Pantalone and Mr. Tomlin agreed.

 

Mr. Pantalone reported that he has had a conversation with Ms. Henderson regarding an independent appraisal of the Philip Baker House, and “it is being worked on.”

 

The Clerk reported that information has been supplied to the Commissioners by the Borough Engineer with regard to a request to vacate a portion of Syracuse Avenue and that the information must be reviewed prior to a decision by the governing body.

 

Jim Johnstone, 300 East Miami Avenue, inquired if the resolutions earlier adopted awarding contracts for various equipment are to replace equipment or to add new equipment. Mr. Cabrera responded that they are to replace old equipment.

 

Mr. Johnstone then referred to the “Old Business” agenda item regarding a request to vacate a portion of Syracuse Avenue, and inquired what it referred to. Mr. Pantalone responded that the Board of Commissioners have been asked by a resident in the area to vacate lands owned by the Borough on Syracuse Avenue, and the Board of Commissioners have not had an opportunity to review the Engineer’s report on that matter. Mr. Pantalone added that the Board of Commissioners want to be very careful when vacating any lands in order to protect the interests of the taxpayers.

 

Louise Johnstone, 300 East Miami Avenue, inquired if the Borough has an ordinance limiting the number of demolition projects taking place in the Borough at one time. Mr. Pantalone responded, “I’m not aware of any.” Mrs. Johnstone stated, “trying to take a walk in the Crest now is like going through a maze.” The Clerk interjected that it was his opinion that the Borough could not discriminate as to one project versus another. Mrs. Johnstone indicated that when she had inquired as to why multiple demolitions could take place, she was advised that the only way the Borough can prohibit it would be for safety reasons. Mr. Cabrera interjected that the safety reasons would be if the demolition impacted the infrastructure such as the sewer and/or water systems. Mrs. Johnstone inquired if “quality of life” would be a safety reason. Mr. Cabrera responded, “not to my knowledge, no.”

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

Dated:         April 20, 2005

Kevin M. Yecco, Borough Clerk

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