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Minutes of Commissioners Meeting   -   March 8, 2006

Note:  Complete Meeting Appears on Tapes #6-06 and 7-06 on File in the Borough Clerk’s Office March 8, 2006
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon 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 Commissioners’ Meeting Room at 9:30 a.m.  On roll call the following answered to their names:

Gould - Cabrera – Groon – Yes

 

Mr. Groon 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 November 10, 2005.

 

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

 

A discussion was had with regard to a proposed ordinance amending Chapter 22, Construction Codes, of the Code of the Borough of Wildwood Crest. Mr. Cabrera commented that it was his opinion that the fee structure for dumpsters and construction trailers was not sufficient. He also indicated his opinion that the public streets should not be utilized for the parking of dumpsters and construction trailers. Specifically, he commented on the language contained in the proposed ordinance regarding parking of a trailer on the street for up to thirty days for a permit feed of only $100.00. He did not feel that fee was sufficient. Mr. Groon interjected that it was his understanding that the fees were suggested after a survey of surrounding communities as to their fee structures. The Chief of Police concurred. The Clerk interjected that it was also in conjunction with the Borough’s dumpster ordinance. Mr. Cabrera stated that he had not had an opportunity to review the fee structure. Mr. Cabrera also indicated his objection to the use of public streets for commercial enterprises. The Clerk interjected that the proposed ordinance does state that all trailers are “subject to the approval of the Chief of Police.” He added that when the ordinance was being drafted, it was understood that the Chief of Police would have final authority over whether a trailer could remain parked in a certain location. Mr. Groon added that no parking of trailers on the street is permitted during the summer months. The Chief of Police interjected that some of the language in the ordinance is governed by State statute. Mr. Cabrera also inquired if there will be a time limit during the winter months on how long a trailer may be left on a public street. He went on to state that he thought the ordinance needs to be “tightened up.” Mr. Groon responded that the ultimate authority remains with the Chief of Police. Finally, Mr. Cabrera questioned whether set-back language should be inserted in the ordinance in order to prevent construction trailers from being parked on private property within the set-back area. He asked if a variance should be required to place a trailer within the set-back area. The Chief of Police responded that his department and the Code Office will be working together to regulate the placement of these construction trailers to promote public safety.

Mr. Groon summarized Mr. Cabrera’s concerns as follows: the fees and enforcement. He went on to state that the Borough is trying to be fair with the fees, and the ordinance has been drafted to allow the police department and code enforcement to work together to regulate the construction sites. The Clerk interjected that code enforcement, through the course of a normal business day, would have the responsibility of regulating these types of trailers, and during the evening hours, weekends and holidays, that responsibility would fall to the police.

 

Mr. Cabrera added a final point with regard to construction trailers. He stated that the trailers also act as “billboards” for the contractors and developers, and he inquired if that could be regulated either in the pending ordinance or under another area of the code. The Clerk responded that the Borough has that authority under the property maintenance code, as well as the provisions of the zoning ordinance regulating signs.

 

The Solicitor inquired if there was any consideration given to a different fee if the trailer is utilized strictly for “sales.” The Chief of Police responded that some of the trailers are utilized for multiple purposes, including sales, and accordingly it was felt that they should all be put in the same category.

 

Mr. Groon stated that if Mr. Cabrera and Mrs. Gould wished to put the ordinance “on hold” that was their prerogative, but in doing so that ordinance would not be in place in time for the summer season. Mr. Cabrera inquired if the ordinance could be introduced at this time and changed later. The Clerk responded that the ordinance can always be amended, but added his opinion that the proper course of action would be to move it at this time and if amendments are required in the future they can be made. He reiterated that failure to introduce the ordinance at the present time would result in it not being in effect by the summer season. Mr. Cabrera stated that he understood the need to introduce the ordinance at this time.

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1005

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 22, CONSTRUCTION CODES, UNIFORM, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1005 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1006

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 43M, NOISE AND ODORS, ARTICLE I, REGULATING FACTORIES, SUBSECTION 43-6 VIOLATIONS AND PENALTIES; ARTICLE II, UNNECESSARY AND DISTURBING NOISES, SUBSECTION 43-12.1 EXEMPTIONS FROM SOUND LEVEL LIMIT; SUBSECTION 43-12.2 PROHIBITED NOISES; SUBSECTION 43-13.1 PENALTIES; ARTICLE III DREDGES AND SAND PUMPS, SUBSECTION 43-15 VIOLATION AND PENALTY, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1006 be passed on first reading, advertise4d according to law, be brought up for second and final reading and public hearing on Wednesday, March 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 212-06

(Authorizing amendment of the existing agreement with the Public Safety Telecommunicators for the exclusive purpose of removing the restriction to new hires being placed at Level 1 of the salary grid)

 

Mr. Groon motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 213-06

(Authorizing approval of the parking meter fee schedule throughout the Borough)

 

Mr. Groon motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 214-06

(Authorizing refund for certain property tax or sewer fee overpayments)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 215-06

(Authorizing issuance of a special events permit to DelMoSports for the purpose of hosting a DooWop Duathlon on April 1,2006)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and which appear on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that he had developed and circulated among the Board of Commissioners and the Solicitor for review a proposed “coin drop policy” ordinance. He indicated that the proposed ordinance is based on appropriate state legislation. He went on to remind the Board of Commissioners that restrictions cannot be placed upon the coin drop policy, based upon the state legislation and the ordinance, to any charitable organizations without cause; that if you approve it for one, you are obliged to approve it for others – regardless of whether they are connected to the borough or not. He reminded the Commissioners that there are many charitable organizations with the appropriate non-profit status that would qualify to participate in coin drop activities. The Clerk indicated that the Joint Insurance Fund has also submitted a letter in which the Fund “strongly discourages” coin drop activities due to liability/safety issues.

 

Mr. Groon indicated that the request for the coin drop ordinance had originated in his Department of Public Safety from the volunteer ambulance corps. He indicated that with the discontinuation of emergency services to Diamond Beach , the volunteer ambulance corps has lost the annual $60,000 payment from Lower Township . Therefore, the volunteer ambulance corps had requested the Borough to permit them to conduct coin drop activities during the summer in order to recoup some of the lost revenues.

 

Mr. Cabrera commented that the Borough cannot prohibit other (similar type) charitable organizations from conducting coin drop activities, and he questioned whether it was “a door the Borough wants to open.” Additionally, he commented that by allowing a division of the Department of Public Safety to conduct these activities, that it seems like a complete contradiction of what “public safety” is all about. Mr. Groon agreed with Mr. Cabrera’s first point with regard to “opening the door” to other organizations. He added, however, that he would not contradict the Chief’s opinion as to what is safe and what is not safe in the community.

 

Mr. Cabrera added that he questioned how the Borough would determine what a “charitable organization” would be and to whom the funds would ultimately go.

 

Mr. Cabrera went on to state that he did feel the ambulance corps should be afforded an opportunity to be “made whole” but thought other alternatives should be explored.

 

The Clerk interjected that he has received nothing from the Chief of Police to indicate his concerns, or lack of concerns, with respect to the coin drop policy. Mr. Groon responded that the Chief of Police has not been asked to do so at this point. He added that he wanted to determine the positions of Mr. Cabrera and Mrs. Gould before going forward with the ordinance. He did indicate that he would discuss the matter with the Chief of Police if the Board of Commissioners wish to continue forward with the ordinance.

 

Mrs. Gould concurred with Mr. Cabrera’s sentiments and concerns. She added that as a woman who might be alone in a car, she would be reluctant to stop for the coin drop. Finally, she expressed a concern about the collection of cash and would all of the cash go where it was supposed to go. Mr. Groon responded that the cash issue is true of any non-profit organization.

 

After hearing all of the comments of the governing body, the solicitor and the Clerk, Mr. Groon withdrew his request for the coin drop ordinance. He did reiterate, however, that there remains an issue that may have to be resolved in the future.

 

Mr. Cabrera suggested that the ambulance corps conduct fundraising activities at the various Borough activities such as craft shows, Seafarer’s and Hydrofest, with a booth and proper signage.  Mrs. Gould concurred.

 

The next matter for discussion involved the Cape May County Recreation development payment. The Clerk reported that he and Mr. Cabrera had attended the Open Space Preservation Trust Fund review of the Borough’s request for funding to purchase the Philip Baker House. He indicated that the meeting went well, the Borough’s application was well received by the Fund commissioners. He added that the Borough is attempting to obtain other grant funding, in addition to the Open Space Preservation Trust Fund, in order to preserve the Philip Baker House as a National Historic Preservation site.

 

The Clerk also reported that upon leaving the Open Space Preservation Trust Fund meeting, the County Treasurer advised he and the Commissioner that the County will be “reimbursing” to municipalities on a percentage basis (based on tax rates) funding for the development of recreation areas in each municipality. He cautioned however that such a reimbursement will include a “equalized valuation” of the properties within the sixteen municipalities in the County. He indicated he would advise the Board of Commissioners when he has received all of the information from the County Treasurer .

 

Mr. Groon indicated that the Commissioners will have to give some thought to how the money will be used to benefit both the residents and tourism.

 

Mr. Cabrera suggested that the Borough might need an “events coordinator” to pull the events together. Mr. Groon stated that the Borough will have to do things “somewhat differently” in the future. He suggested that perhaps someone already employed by the Borough could take on the duties of “event coordinator.”

 

Steve DelMonte, 148 West Heather Road , invited the Commissioners to participate in the Doo Wop Duathlon on April 1, 2006. Mrs. Gould asked Mr. DelMonte to explain how the duathlon works. Mr. DelMonte responded that the race starts as a run north on the Boardwalk and back to the convention center. They switch to bikes and ride down Ocean Avenue to Farragut and back to the Convention Center. Then they run two miles. Mr. DelMonte stressed that it is a family event. Mrs. Gould inquired if there is prize money involved. Mr. DelMonte responded that there is no prize money, only trophies.

 

There being no additional public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 216-06

(Closed session – potential litigation)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, the Clerk presented a resolution to authorize the Solicitor to contact the Borough Engineer for the purpose of evaluating the current Bayview Development Corporation project plans as to all aspects of the development and to advise the Board of Commissioners as to what the plans include and what potentially is capable of being developed, keeping in mind the requirements of CAFRA, as well as any other land use or DEP regulations, and to authorize the Solicitor to also contact potential “special counsel” for the purpose of bringing that individual on board to represent the interests of the Borough of Wildwood Crest in all respects as to that project.

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing authorization/direction be and the same is herewith provided.

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        March 22, 2006

 

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