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Minutes of Commissioners Meeting   -   November 29, 2006

Note:  Complete Meeting Appears on Tape #35-06  on File in the Borough Clerk’s Office November 29, 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. 1021 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. 1021

AN ORDINANCE AUTHORIZING THE REPEAL OF ORDINANCE NO. 768 ADOPTED DECEMBER 21, 1992, WHICH ORDINANCE AUTHORIZED INTERLOCAL SERVICE AGREEMENT OF THE BOROUGH OF WILDWOOD CREST, CITY OF WILDWOOD, THE CITY OF NORTH WILDWOOD, THE BOROUGH OF WEST WILDWOOD FOR PARTICIPATION IN THE JOINT CONSTRUCTION OFFICE OF THE WILDWOODS, AND AUGMENTING AND AMENDING CHAPTER 22 – CONSTRUCTION – OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, SECTIONS 22-1 – JOINT CONSTRUCTION OFFICE OF THE WILDWOODS, SECTION 22-2 – OFFICIALS, AMENDING ORDINANCE NO. 875 ADOPTED JULY 26, 2000, AND TO AUTHORIZE THE TRANSFER TO THE DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF NEW JERSEY , ALL RESPONSIBILITY FOR ADMINISTRATION, INSPECTION AND ENFORCEMENT OF THE UNIFORM CONSTRUCTION CODE ON BEHALF OF THE BOROUGH OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1021.

Vote:          Gould-Cabrera-Groon-Yes

Bob Young, Louisville Avenue , indicated his agreement that the Borough should withdraw from JCOW. He did have questions about future procedures, asking whether permit applications would now have to be forwarded to the DCA. The Clerk responded that the Zoning office of the Borough would continue to operate as it is now operating as the first line of defense, so to speak, by reviewing any intended development plan in conjunction with the zone plan. He added that the DCA would have a schedule of dates that they would be on-site in the Borough of Wildwood Crest for inspections, plans reviews and other code compliance related matters. Mr. Young inquired as to whom would issue a building permit. The Clerk responded that building permits would be issued by the DCA. Mr. Young inquired as to whom would initiate a call to the DCA for an inspection. The Clerk responded that they would have a regular schedule to be in the Borough. Mr. Young asked if each phase of the construction would have to wait until the DCA was in town. Mr. Groon responded that the contractors and sub-contractors would have the telephone numbers of the inspectors for direct contact for scheduling. The Clerk stressed that initial “sign-off” from zoning would still be required.

 

Mr. Young inquired if any other municipalities function through the DCA. Mrs. Gould and Mr. Groon responded that Woodbine and Asbury Park both utilize the services of the DCA. Mr. Groon added that there are several other municipalities as well. Mr. Young questioned if those municipalities had been contacted by the Borough for their input. Mr. Groon responded that they had been contacted. Mr. Young asked if they were satisfied. Mr. Groon responded, “yes.”

 

Mr. Young stated, “I’m still skeptical.”

 

Ken Rosner, Middle Township , inquired as to the next step in the ordinance procedure, specifically the time line involved. Mr. Groon responded that if the Commissioners approve the ordinance at this meeting, it would be the intention that effective January 1, 2007, DCA would take over the process in Wildwood Crest. Mr. Rosner inquired if it could happen that fast with all of the pending jobs. Mr. Groon responded in the affirmative. Mr. Cabrera added that there would be a transfer of all files currently at the Joint Construction Office to the DCA that pertain to Wildwood Crest properties. Mr. Rosner stated that he was in the process of constructing a six story building, and did not see how it could happen that fast. Mr. Groon responded that the DCA would take over immediately, adding that they would finish anything that was pre-existing. Mr. Rosner indicated that his experience with the DCA in Brigantine “was a nightmare” with getting plans approved and the general ambiguity. It was his opinion that JCOW is on the right track. Mr. Groon inquired as to Mr. Rosner’s experience in Brigantine. Mr. Rosner responded that two years ago the construction official in Brigantine was not qualified to review the larger projects and Mr. Rosner was required to go through the DCA process. He indicated that their response time was much longer. Mr. Groon stated that the DCA has a specific response time for every step of the project. He added that he was cognizant that “there is a risk” but that there is a risk with the current process, with liability exposure and the lack of direct control and responsibility, and it was something that the Borough needed to address as a community. He added that the Borough has to try to figure out the best way to make it work for everyone in the community, including the builders and their subs. He went on to state that the Borough “can’t turn our back on you” if the system does not work, but at this point, given the timing and the alternatives, this appears to be the only way to go. Mr. Rosner inquired if it was not worth giving JCOW more time to correct their course. Mr. Groon responded that the Borough has been in the process of discussing this over the past year trying to find different ways to improve the process and reduce the liability exposure, but there are certain issues that cannot be overcome, part being liability and part being accountability, since JCOW is a separate government entity and not a true shared service.

Mr. Rosner stated his experience that municipalities don’t have control over a construction official. The Clerk responded that when it is “in house”, or a true shared service between member towns, it is a department the same as the police or revenue and finance whereby there is direct daily control over the operation. Mr. Groon went on to state that it is the Borough’s belief that the way to get it under control is for someone to take responsibility. Additionally, the Joint Insurance Fund further supports that position.

 

Mr. Rosner stated his understanding that the current JCOW inspectors are already DCA employees. The Clerk responded that they are not. Mr. Groon added that they answer to JCOW, although they abide by DCA rules.

 

Mr. Rosner reiterated his opinion that “DCA is a nightmare and JCOW is on the right track.” Mr. Groon acknowledged Mr. Rosner’s statement and agreed that JCOW is improving, but added that there are certain issues the Borough has not been able to resolve, specifically liability and accountability.

 

Mr. Cabrera stated that the pending ordinance is in essence a “fall back plan” because the original intent was to potentially do a “true shared services agreement.” He went on to state that should that happen between now and the effective date of the ordinance, “all of this may be for naught.” Mr. Rosner responded, “we can hope for that.”

 

Mr. Groon agreed with Mr. Cabrera, adding that all four communities have been now agreed to commence negotiations to try to work out a “true shared service agreement.” He stated, “we are all going to make the effort.”

 

The Clerk added that strides have been made at JCOW, but indicated “it’s the system.” He went on to state that what works now with the people in place, in six months or six years may not work. He added that if it is not a true shared service agreement, “you will potentially repeat the sins of the past.”

 

Joel Kofsky, 125 East Lotus Road , stated that it was his impression that the three Commissioners had already made their decision prior to this public hearing. He inquired if the Commissioners had had an opportunity to investigate the alternatives. Mr. Groon responded that there has been a lot of discussion. He indicated that the process started in the summer of 2006 whereby the Borough took the first action by notifying JCOW of the Borough’s dissatisfaction and took formal action to start the withdrawal process. Mr. Kofsky inquired if it was safe to assume that the three Commissioners had already determined their votes. Mrs. Gould responded, “no, not necessarily.” Mr. Kofsky asked if there was something that could make them reconsider. Mr. Groon responded that the Commissioners had to do “certain things” and would either vote on the ordinance at this meeting or make some kind of plan since the process had to be continued. He added that the Borough has been committed to negotiating with the other communities to try to work out a solution, and the Commissioners would not give up on working with the neighboring communities in trying to come up with an alternative. Mrs. Gould agreed. Mr. Groon went on to state that the Borough would like to find something else than the alternative on the table, but lacking a solution “right now” and the lack of time available, the DCA is the only alternative, “right now.” He added, “we’re not done yet.”

 

Mr. Kofsky stated that, realistically, it would be difficult to implement that in one month during the holiday season. Mr. Groon responded that one of the things to be discussed was a timetable that would allow a reasonable amount of time to implement a timetable, to talk about it, put limits on it and a timeframe. Mr. Kofsky inquired if there was a possibility that the Commissioners would delay the ordinance. Mr. Groon responded that that was something the Commissioners would have to discuss. Mr. Kofsky inquired if there was a “hard date” by which something would have to be put in place. Mr. Groon responded that a lack of coming up with an agreement with the other municipalities, the Borough would have to come to some conclusion. Mr. Kofsky stated that with regard to the decision to pull out of JCOW, the Commissioners probably have until January 1, 2007 to find an alternative. Mr. Cabrera interjected that if there was no deadline, there would be nothing to work towards.

 

Mr. Groon stressed that the Commissioners are “legitimately trying to solve this.”

 

Mr. Kofsky inquired if the Commissioners would allow any of the other towns to head a proposed shared services entity. Mr. Groon stated that Wildwood Crest has not taken a formal  position on that.

 

Ken Rosner, Preston Avenue , indicated that he was in attendance to defend JCOW. He stated his opinion that JCOW was not totally responsible for the problems that existed. He added that he has had nothing but good experiences with JCOW. Mr. Groon responded that he was not holding JCOW responsible or the men at JCOW, but rather “the process.” He added that this is about the accountability and liability protection that the community needs. Mr. Rosner stated his opinion that “JCOW is taking a bad rap.” Mr. Groon responded that the communities deserve some of the responsibility as well.

 

Mr. Rosner added that he would not like to see people lose their jobs over this. Mrs. Gould agreed, adding “this has not been a happy task.” She indicated that in the past year, since October 2005, the fees for permits generated by JCOW have fallen by over $80,000 per month. She added that the November 2006 figures will probably be worse. Mr. Groon stated that Mrs. Gould made a good point and it should not be lost. He went on to state that there had to be layoffs in any event. Mr. Rosner responded that there were other alternatives such as raising fees. He added that the main point he wanted to get across was that they are doing a great job.

 

Judy Huber, Park Boulevard , thanked the Commissioners for answering many of her questions already. She added that she understood the Commissioners’ responsibilities to the taxpayers, but added that her first choice would be to keep as much of the work as possible on a local level rather than having it done by the state.

 

Mr. Groon stated that when the Commissioners researched the history of JCOW, they found letters from residents of the Borough with complaints about various aspects of JCOW over the years, and many of those complaints went unanswered. He added that when it was working well, it was working well, but when things went wrong, the Borough had no way to resolve the problems. He went on to state that in the past year the Borough has developed a land use office and brought the function of the zoning officer back in-house from JCOW, and that process is working well.

 

Mr. Groon added that Borough is committed to protecting the interests of the residents, and if this does not work, another alternative will be found.

 

An unidentified member of the audience inquired if it would be possible to create an in-house construction office in Wildwood Crest. Mr. Groon responded that it would involve hiring a construction official and all of the subcode officials, and that would be very difficult.  Mrs. Gould added that it would have to be added to the Borough’s budget.

 

Richard Rogers, 3300 New Jersey Avenue , inquired if any legal specialists would be hired in the ongoing negotiations with the other municipalities in order to avoid a recurrence of the problems being experienced by JCOW. Mr. Groon responded that every aspect will be on the table during the negotiations. Mrs. Gould added that there is a special counsel for JCOW at the present time and he is separate from all of the municipal attorneys.

 

An unidentified member of the audience inquired if dedicated space would be provided in Borough Hall for use by the DCA. Mr. Groon responded that the requirements of the DCA are not significant and it will be in Borough Hall. The same member of the audience then inquired as to how many days the office would be “monitored.” Mr. Groon responded that DCA will be in the building two days per week and if the need was greater, another day will be added.

 

Michael Popper, 2100 Central Avenue , inquired if the main reason for the Borough’s withdrawal from JCOW was the liability aspect. Mr. Groon responded in the affirmative, and added that accountability was another aspect. Mr. Popper asked if the high rise zone in two of the municipalities played a part in the decision, adding that DCA will do plan review on those high rise buildings. Mr. Groon responded that that will be a matter of discussion during the negotiations. Mr. Popper reiterated earlier statements that “the state is a nightmare.”

 

Philip Bernard, 301 Anglesea Drive , inquired as to the “feelings” of the Commissioners on the subject. Mr. Groon provided his opinion that it is important to resolve the liability and accountability issues “first and foremost.” Secondarily, the Commissioners have an obligation to resolve how to not have the construction industry hurt. Mr. Cabrera added that the concept in 1992 was an excellent one, and that is a boilerplate of what could be potentially corrected and carry the concept forward. He went on to state that the Commissioners must protect the residents of the Borough of Wildwood Crest. Mrs. Gould interjected that the citizens of the Borough of Wildwood Crest come first, but would like to see if a “true shared services” arrangement can be accomplished.  Mr. Bernard thanked the Commissioners for their responses.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1021 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1021 be tabled until December 27, 2006 for consideration of final adoption.

Prior to the vote, Mr. Cabrera requested a closed session to further discuss the matter.

Thereupon, the Clerk advised those present that pending business on Ordinance No. 1021 will be suspended pending a closed session discussion with respect to the Borough’s continued membership in the Joint Construction Office of the Wildwoods.

The Clerk next indicated that the board would be discussing the matter of continued membership in JCOW in closed session upon adoption of this resolution, that the matter would be released to the public upon the conclusion of the discussion, that the board would be returning to open session upon conclusion of the discussion and that formal action was intended to be taken at that time.  He thereupon read the following Resolution by title only:

RESOLUTION NO. 386-06

(Closed Session – Litigation and/or negotiations with respect to ongoing JCOW litigation and continued membership therein; and status update regarding the County Revaluation Order; and ownership of the Wildwood Gables Yacht Club and adjacent property)

 

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

Vote:          Gould-Cabrera-Groon-Yes

Upon returning from closed session, Mrs. Gould requested that everyone present listen very carefully to what was going to be said by the Commissioners, and thereupon withdrew her motion to table Ordinance No. 1021. Mr. Groon also withdrew his second of that motion.  It was not necessary to vote on the motion as no formal vote was taken to table said ordinance.

Mrs. Gould then motioned, seconded by Mr. Cabrera, that Ordinance No. 1021 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

The Solicitor then stated that the public needs to know that this decision to adopt Ordinance No. 1021 was based on a legal issue that has not been resolved. The Board of Commissioners all intend to participate in negotiations for shared services with the other municipalities, the entire Board is of the opinion that if those negotiations are successful the ordinance will be repealed, but that there is a time constraint placed upon the Borough that the other municipalities do not have because Wildwood Crest was the only municipality that gave proper notice under the existing agreement to withdraw from participation, and, therefore, the Borough’s deadline is January 1, 2007. She stressed her hope that those present understood the direction the Board of Commissioners took was not a statement that they would not work with the other municipalities and is not in any way meant to indicate that they are not receptive and do not want to reconsider to participate in a shared service agreement. She invited questions from the public.

 

The first question was whether January 1, 2007 was “cast in stone.” The Solicitor responded, “it is unless the ordinance is repealed.” The questioner asked if that was a possibility. The Solicitor responded that there is a very good possibility of that happening. There were no further questions.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1022

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST AND AMENDING ORDINANCE 983 ADOPTED OCTOBER 26, 2005, AND ORDINANCE NO. 989 ADOPTED DECEMBER 7, 2005, CHAPTER 85 – ARTICLE II – SECTION 85-11 DEFINITIONS – AWNING, BANNER, PENNANT, SIGHT TRIANGLE AND CHAPTER 85, ARTICLE XV – DESIGN STANDARDS FOR SUBDIVISIONS AND SITE PLANS – SECTION 85-97 SIGNS – ARTICLE XVII, GUARANTEES, INSPECTIONS AND OFF-TRACT IMPROVEMENTS – SECTION 85-139 (A3) FEES – VARIANCES; SECTION 85-143 – ENFORCEMENT; SECTION 85-144 – CERTIFICATE OF OCCUPANCY AND SECTION 85-145 – VIOLATIONS AND PENALTIES

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1022 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, December 13, 2006 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 378-06

(Authorizing certain transfers between 2006 budget appropriations)

 

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. 379-06

(Authorizing issuance of a Special Events Permit to the Greater Wildwood Jaycees for the purpose of a Christmas Parade to be held on December 8, 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. 380-06

(Authorizing certain refunds for overpayment of property taxes or utility payments and directing the CFO to issue appropriate refunds)

 

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. 381-06

(Authorizing the Director of the Department of Public Works and Property to make application to GWTIDA for the funding of borough events and activities)

 

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. 382-06

(Authorizing a Professional Services Contract with Van Note-Harvey Associates for preparation of a tax map in conjunction with the conduct of a Borough-wide revaluation)

 

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. 383-06

(Authorizing the Borough Clerk to conduct a public auction on Wednesday, December 27, 2006 with a publication date in The Herald on December 13, 2006)

 

Mr. Groon 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. 384-06

(Designating William Cruzan as Privacy Officer in compliance with HIPAA regulations)

 

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. 385-06

(Authorizing award of contract to Albrecht & Heun for construction of the Fitness Park for the not to exceed contract amount of $446,100)

 

Mrs. Gould motioned, seconded by Mr. Cabrera, 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 in full on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received, from the Court Administrator, CFO, Tax Collector and Chief of Police, be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held October 23 and 25, 2006, as well as closed session minutes held on both dates.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Cabrera reported that he had a meeting with the Chairman of the Wildwood Crest Environmental Commission with respect to placing dunes on the beach, particularly south of Rambler Road . The idea would be to utilize Christmas trees, vegetation, tree limbs, etc., to create a natural dune line to provide a recreational zone for future recreational activities. He stated that he was aware that dunes are always a controversial issue among people on the ocean-front, but the storms experienced in recent months illustrated the need for dunes. Mrs. Gould said, “dunes are money in the bank to us.” She added that she was aware that some people would not be happy with the dunes. She requested that if the dunes were to be created with Christmas trees to please do it the way Ventnor has done it by standing the trees upright.

 

Mr. Cabrera went on to state that the concept of dunes creating more sand on street-ends and blocking views is a fallacy. He went on to state that if done properly, the dunes will prevent sand from blowing in the street-ends and from growing up and blocking views. He went on to state that the goal is to commence the project immediately after the New Year, and that there will be funds appropriated in the budget for dune grasses.

 

Mr. Groon stated that he is aware that the Environmental Commissioner has worked with the State on being able to cut back vegetation that is “exceedingly high” and that would allay some fears. He asked if Mr. Cabrera could provide the Commissioners with a copy of the plan when it is available. Mr. Cabrera responded in the affirmative.

 

The Clerk reported to the Commissioners that information had been supplied to them from the Assessor with respect to bid specifications for the revaluation plan, and the Clerk has amended those specifications, and he will supply same to the Solicitor for her review. He also indicated that information with regard to the status of the ownership of the Wildwood Gables Yacht Club is forthcoming.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        December 27, 2006

Kevin M. Yecco, Clerk/Administrator

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