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Minutes of Commissioners Meeting   -   March 22, 2006

Note:  Complete Meeting Appears on Tapes #8-06 and 9-06 on File in the Borough Clerk’s Office March 22, 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 Municipal Court Room at 7:00 p.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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1005 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

 

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1005.

Vote:          Gould-Cabrera-Groon-Yes

 

Jim Johnstone, 300 East Miami Avenue , voiced his concerns about the pending ordinance permitting Saturday construction, as well as the hours permitted. He inquired why the ordinance was being changed to permit Saturday construction. Mr. Groon responded that the Borough was concerned that the ban of construction on Saturdays would not stand up in court as being an unreasonable requirement. He added that enforcement factors were also considered. The Clerk interjected that the ordinance would bring island-wide consistency to construction regulations. He added that all “heavy construction” is still banned during the summer season. Mr. Johnstone stated that he was concerned about vacationers being disturbed at 8:00 a.m. by construction noise. Mr. Groon concurred with Mr. Johnstone, but added that vacationers and residents are disturbed during the week as well and consistency was the intent of this ordinance.

 

Ken Hand encouraged the Commissioners to strictly enforce the construction code, particularly with regard to dumpsters and port-a-potties.

 

Louise Johnstone, 300 East Miami Avenue , inquired if Code Enforcement Officers will be working on Saturdays to enforce this ordinance. Mr. Groon responded that Code Enforcement Officers will be working on Saturdays, as well as a Class II police officer who will be assigned code enforcement duties.

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1005 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1005 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1006 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1006

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 43, 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 a public hearing be held on Ordinance No. 1006.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1006 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1006 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY

ORDINANCE NO. 1007

AN ORDINANCE ESTABLISHING PROCEDURES TO ADOPT PERSONNEL PRACTICES AND AUTHORIZING THE BOROUGH CLERK/ADMINISTRATOR TO IMPLEMENT SAID PRACTICES WITH ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, AND INDEPENDENT CONTRACTORS OF THE BOROUGH OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1007 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 5, 2006 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 187-06

(Authorizing Introduction of 2006 Municipal Budget – Adopted February 8, 2006)

 

THEREAFTER, THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 217-06

(Authorizing the 2006 Municipal Budget to be read by title only and that a public hearing be held on the 2006 Municipal Budget)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on the 2006 Municipal Budget be opened.

Vote:          Gould-Cabrera-Groon-Yes

 

Jim Johnstone, 300 East Miami Avenue , inquired as to the total ratables for 2006. The CFO responded that the total ratables were $1,362,017,251.00.

 

Mr. Johnstone then inquired as to the use of surplus funds to purchase equipment and for capital improvements rather than bonding those purchases. Mr. Johnstone indicated his understanding that the purchases were necessary. However, it was his opinion that some of the equipment could be paid through the budget rather than through bonding. The CFO responded that it would be possible to “pay cash” for those purchases, but added that the debt authorized will be fully amortized in eight years. The CFO went on to state that the Borough has historically been very prudent in utilizing surplus, usually at the 50% or less range. He added that for the 2006 budget, because the surplus is greater than ever, the amount be utilized is approximately 48%. If the capital purchase were to be made from surplus, the percentage would probably have been in the 60% range, and that would jeopardize future years’ surplus. At the end of the adoption of the 2006 budget, the balance of surplus will be in excess of the amount utilized in the budget. The Commissioners have determined that the future value of having surplus to off-set taxation was more valuable to the community than paying cash for certain pieces of equipment.

 

Mr. Johnstone stated that the surplus balances have been increasing over the past five years. The CFO responded, “that’s by design” because of how surplus is utilized.

 

Mr. Johnstone urged the Commissioners to “take another look” to find places to cut the budget. Mr. Groon commented that the Commissioners discuss how to save money “constantly” and how best to protect the community now and in the future. He went on to add that he does not want to come to the taxpayers in a few years asking for a ten cent increase because the governing body did not do their job today.

 

Louise Johnstone, 300 East Miami Avenue , inquired as to the $600,000 for a passive park on the “wish list.” Mr. Groon responded that this park is not in active consideration for 2006, but added that the governing body has been discussing doing something with the ocean-front lots and they are trying to get some ideas about how they can be made more friendly to the tourists and to the local residents. He clarified that “passive” means low impact such as grass and benches or the like. The Clerk interjected that the County of Cape May has recently instituted a program for recreation reimbursements, and that may be able to be utilized in this regard.

 

Mrs. Gould stated that having the surplus in the budget is very important, pointing out surrounding municipalities that have not been as prudent in the use of surplus that have come to regret those decisions. She went on to state the a substantial amount of time has been put in by the CFO and the Board of Commissioners to formulate the budget, and trying to protect the future of the community is one of the considerations.

 

Mrs. Johnstone also inquired about the $300,000.00 in the budget for an activity park. Mr. Cabrera responded that that would be in conjunction with the idea of the passive park and the funding from the County. Mr. Cabrera indicated that the state requires the municipality to project its vision for the future when formulating the budget. The CFO added that the Borough is required to formulate a capital budget plan in order that the state can make sure the municipality has adequate provision in the capital improvement fund for future use.

 

An unidentified member of the audience inquired about the possibility of a skateboard park in Wildwood Crest as part of the capital budget plan. Mr. Groon responded that a presentation was made in 2005 regarding a skateboard park and the Recreation Commission has been discussing the possibility for future years.

 

Jim Johnstone, 300 East Miami Avenue, requested “justification” for the increase in “other expenses” for the Recreation Department. Mr. Cabrera responded that there are two new events to be sponsored by the Borough, adding that the Greater Wildwood Tourism Improvement Development Authority has provided the Borough with $15,000 toward those events.

 

Mr. Johnstone inquired about the impact of the reduction in State Aid to Municipalities and School Aid. Mr. Groon responded that the State is in no position to “make things better,” which supports the Borough’s position of protecting the Borough’s future through fiscal responsibility.

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on the 2006 Municipal Budget be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk announced for those present that the adoption of the 2006 Municipal Budget would be postponed due to necessary amendments to the budget and that a hearing/advertisement on the amendment would be held as necessary or required.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 218-06

(Authorizing approval of a contract for a 2006 Broyhill Load and Pack to Trius, Inc. for the not to exceed amount of $119,500)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 219-06

(Authorizing approval of a contract for concrete repair and/or replacement of sidewalks and curbs to Bud Concrete, Inc. for the bid amount of $4.60 per square foot for sidewalk repairs/replacement and $28.00 per lineal foot for curbing)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 220-06

(Authorizing approval of a contract for Emergency Utility Repair to Garden State Dredging Inc. for the not to exceed amount of $53,460)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 221-06

(Authorizing approval of a contract for rental of Crest Pier Stores Nos. 2 and 4 for the minimum bid amount of $10,000 per year to Karen Matsinger for use as an ice cream parlor and Elena Salmons for use as a beauty salon)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that Store No. 1 at the Crest Pier Community Center received no bids at the oral auction held on March 15, 2006, and requested direction from the governing body as to whether they wished to have the store put out for bid once again, or have the store remain vacant. The Clerk went on to add that prospective bidders have voiced concerns regarding the two-year lease term. Mrs. Gould stated her opinion that the store should be re-bid since it should not sit empty. Mr. Cabrera suggested that the matter be tabled until the next meeting in order to give the governing body time to review all options. The Clerk stated his concern that by delaying any potential re-bid the Borough would be running the risk of not have a tenant by the start of the summer season. It was determined that the matter would be listed for the April 5, 2006 commission meeting.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 222-06

(Authorizing establishment of rates and charges for sewerage fees for C/Y 2006)

 

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. 223-06

(Authorizing issuance of a special events permit to March of Dimes for the purpose of hosting a Walk-a-thon on April 30, 2006)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 224-06

(Authorizing issuance of a special events permit to Brendan Borek High Tides Memorial Fund for the purpose of hosting a Walk-a-thon on May 7, 2006)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 225-06

(Authorizing submission of grant application for Click It Or Ticket Campaign in the amount of $4,000)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 226-06

(Authorizing submission of grant application for a Bullet Proof Vest Initiative Program in the amount of $2,585)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 227-06

(Authorizing release of performance guarantees in the amount of $16,000 to Mitchell Nichols Enterprises)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of the meetings of February 22, 2006 and March 8, 2006, as well as the closed session minutes of both meetings, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that the reports received from the Court Administrator, Tax Collector and Chief of Police be read and filed, and that the detailed financial report as submitted by the CFO on January 31, 2006 be accepted as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

A discussion was held regarding the Cape May County Recreation Development Plan and the funds to potentially be received by the Borough under that program. Mr. Cabrera indicated that he would put together a list of potential projects and asked that anyone with any ideas relay them to the Clerk/Administrator. He added that the application must be provided to the County by April 13, 2006. Mr. Groon and Mrs. Gould both stated that the deadline was unrealistic. Mrs. Gould suggested that someone should contact the County to request an extension.

 

The next matter for discussion was the application of the South Jersey Surfcasters Association for a special events permit to conduct a surf fishing tournament on the Wildwood Crest beaches. The Clerk reported to the governing body that this event has been authorized in the past. The event is scheduled for early May and would require waiving of the Borough’s prohibition of vehicles on the beach after May 1st as well as the permit fees. Mr. Cabrera inquired of the Chief of Police if there were any problems in the past. The Chief responded that there have been no problems. Since the governing body had no objections to the event, the Clerk indicated that he would list the application for approval at the April 5, 2006 meeting.

 

Jim Johnstone, 300 East Miami Avenue, inquired as to the status of the Sunset Lake project. Mr. Cabrera responded that CAFRA has identified some wetlands areas, the plans were revised and resubmitted. The plans have now been approved by the State, and now the plans are before another state agency for approval. Mr. Cabrera went on to state that it is the opinion of the Engineers that the Borough will have all necessary approvals by May 2006 in order to permit the Borough to go out to bid during the summer and start the project in October 2006.

 

An unidentified member of the audience inquired if the Borough had an ordinance regulating the number of signs permitted on a property. Mr. Groon responded that the matter has been discussed and the Zoning Office is looking into the matter in an attempt to come up with a new plan and revisions to the sign ordinance.

 

Louise Johnstone, 300 East Miami Avenue, inquired as to the status of the proposed extension of the bike path, asking if the funds to be derived from the County could be utilized toward that project. Mr. Cabrera responded that there have been three options discussed over the years, and all of those options were prohibitively expensive. The idea has been put at the bottom of the priority list due to the costs involved.

 

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

RESOLUTION NO. 228-06

(Closed session – City of Wildwood Cresse Avenue sewer bill matter and Bayview Development Project)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning to open session, the Clerk inquired if there was a motion to change a previous resolution of the governing body with regard to the Cresse Avenue sewer bill to be paid over a six-year period. No such motion was offered.

 

With respect to the Bayview Development matter, it was determined that Mr. Groon or Mrs. Gould would attend the Lower Township Zoning Board meeting on April 6, 2006 to put forth the consensus of opinion of the Board of Commissioners.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        May 24, 2006

Kevin M. Yecco, Borough Clerk

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