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Minutes of Commissioners Meeting   -   March 7, 2007

Note:  Complete Meeting Appears on Tape #5-07  on File in the Borough Clerk’s Office March 7, 2007
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 9, 2006.

 

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

 

The Clerk announced that Ordinance Nos. 1029 and 1030 had been removed from the agenda for consideration by the Commissioners due to changes required to be made. He indicated that the ordinance numbers would remain in sequence.

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1028

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 35, FIRE PREVENTION, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, ARTICLE I, STANDARDS, SECTION 35-5 VIOLATIONS AND PENALTIES; ARTICLE II, SMOKE DETECTORS, SECTION 35-7 PREMISES WHERE REQUIRED, SECTION 35-9, INSTALLATION REQUIREMENTS, INSERTING NEW SECTION 35-10, CERTIFICATE OF SMOKE DETECTOR AND CARBON MONOXIDE ALARM COMPLIANCE; ARTICLE III, ADMINISTRATION, SECTION 35-18 ADDITIONAL REQUIRED INSPECTIONS AND FEES, SECTION 35-19 PERMITS, RENUMBERING REMAINING SECTIONS IN NUMERICAL SEQUENCE IN ACCORDANCE THEREWITH AND AMENDING ORDINANCE NO. 532 ADOPTED OCTOBER 3, 1978, ORDINANCE NO. 557 ADOPTED SEPTEMBER 10, 1980, ORDINANCE NO. 923 ADOPTED JANUARY 28, 2003, ORDINANCE NO. 931 ADOPTED MARCH 26, 2003, AND ORDINANCE NO. 996 ADOPTED FEBRUARY 22, 2006

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1028 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 21, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1031

AN ORDINANCE CREATING CHAPTER 49, PET WASTE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY , STATE OF NEW JERSEY

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1031 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 21, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1032

ORDINANCE TO ESTABLISH CAP BANK FOR CY2007 PURSUANT TO N.J.S.A. 40A:4-45.14

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1032 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 21, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1033

AN ORDINANCE TO AMEND CHAPTER 22 – CONSTRUCTION OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, SECTION 22-1 AND SECTION 22-2, AND AMENDING ORDINANCE NO. 847 ADOPTED ON JULY 26, 2000

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1033 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 21, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1034

BOND ORDINANCE APPROPRIATING $2,612,000, AND AUTHORIZING THE ISSUANCE OF $2,487,300 BONDS OR NOTES OF THE BOROUGH, FOR THE VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1034 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 21, 2007 at 7:00 p.m.

Vote:          Gould-No                                                Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 462-07

(Authorizing deferral of school taxes in the amount of $1,950,000 to the year 2007)

 

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. 463-07

(Authorizing introduction of calendar year 2007 Municipal Budget)

 

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. 464-07

(Authorizing establishment of 2007 Sewer Rate)

 

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. 465-07

(Authorizing professional service agreement with Mitchell Humphrey & Co. in an amount not to exceed $7,500 as government software provider for software maintenance and support training)

 

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. 466-07

(Authorizing purchase off State Contract, without competitive bidding, for the purchase of computer hardware from Hewlett Packard)

 

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. 467-07

(Authorizing purchase off State Contract, without competitive bidding, for the purchase of one 2007 Ford Ranger from Princeton Nassau Conover Ford)

 

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. 468-07

(Authorizing re-appointment of Mark Roszkowski to the UEZ for the period commencing effective immediately and terminating March 14, 2008)

 

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. 469-07

(Authorizing refund of Medicare payment received on behalf of Paul Dambrosio in error in the amount of $267.24)

 

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. 470-07

(Authorizing refund in the amount of $11.70 to Jean Zawodniak in conjunction with a duplicate payment for ambulance service transport)

 

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

 

Robert Little, Recycling Coordinator, appeared before the Board of Commissioners to present a status report on progress being made with regard to deficiencies noted by the Cape May County Municipal Utilities Authority with regard to recycling in Wildwood Crest.

 

Mr. Little’s report indicated that Wildwood Crest has historically had among the lowest recycling percentages in Cape May County . He indicated that the Borough’s lack of bars and nightclubs, as well as private haulers over whom the Borough has no control, negatively impact the Borough’s recycling rates. He noted that the Borough’s monthly recycling percentages are generally good and consistent, with the exception of the opening seasonal months of March, April and May, as well as the end of the season, October. Mr. Little presented some comparison statistics between other Cape May County municipalities and the Borough of Wildwood Crest that showed Wildwood Crest as being fourth in the county in recycling. He stated that in February 2007 there was an increase of 2.38% over February 2006, indicating a pattern that outside haulers and seasonal factors impact the Borough’s statistics. He reported that he has included visitor public awareness, beach signage and slogans to remind everyone to recycle. Other programs included the Christmas tree dune-building project; the paper shredding project at the Crest Pier; and the “red” recycling containers on the beaches. Mr. Little indicated that these programs have depleted the recycling resources available. He asked that the Wildwood Crest recycling depot be expanded in order to accommodate grass and other landscape debris, as well as expansion of the street collection efforts to include recyclable products.

 

Mr. Little then presented a plan to the Commissioners for a proper inspection program. He indicated that the plan was taken directly from the Cape May County Municipal Utilities Authority’s Master Plan.

 

After Mr. Little concluded his presentation, the Clerk stated that many of Mr. Little’s suggestions would require being brought forth to Mr. Cabrera as Commissioner of Public Works to determine which of those suggestions might be initiated. With regard to the December 14, 2006 letter from the Cape May County Municipal Utilities Authority that indicated “during the last full calendar year [2005] the Borough of Wildwood Crest recycled only 22.2% of its municipal solid waste which represents the lowest recycling rate of the 16 communities in Cape May County,” the Clerk asked of Mr. Little “what verification do you have that shows that that trend has been reversed for 2006.” Mr. Little responded that in February 2007 the Borough was 2.58% higher than February 2006. He added that the Borough should “easily meet what the expected goal of the County is, 35%, with a couple of simple steps.”

 

Mr. Cabrera stated that there has been a lot done over the years, and he was shocked in December to receive the MUA’s report. He added that increased enforcement will be necessary, as well as increased dollars. He indicated that some changes have been made for 2007, including the recycling shredder that is available for use by anyone in the municipality. Mrs. Gould asked if the residents have been made aware that the shredder is available for their use. Mr. Cabrera responded that the shredder was installed within the last two weeks. Mr. Little added that the information is on the marquee at the Crest Pier.

 

Mrs. Gould inquired if the Borough is going to go back to “red tagging” trash that contains recyclables. Mr. Little responded that the Borough has always been required to red tag. Mrs. Gould inquired if Mr. Little has been red tagging. Mr. Little responded that that should be addressed. Mrs. Gould went on to state that Mr. Little is Landscape Supervisor for the Borough and his busy season will be starting soon. Mr. Little concurred. Mrs. Gould suggested that some changes were required in order to improve the Borough’s statistics. She also requested that Mr. Little provide the Commissioners with a summary of suggested changes and programs.

 

Mr. Groon inquired as to Mr. Little’s earlier reference to a new “state mandate” and questioned when that would go into effect. Mr. Little responded, “as soon as the Cape May County Municipal Utilities Authority’s plan is accepted by the State of New Jersey , it then comes back to the municipalities and they have to re-write their recycling ordinances.” Mr. Groon again inquired as to the timeframe. Mr. Little responded that it would be approximately six months after the County’s plan is approved by the State. Mr. Groon asked if a copy of the County’s proposed plan is available. Mr. Little responded in the affirmative, indicating that a copy is on file at Public Works, as well as on the internet. Mr. Groon inquired if all long-range plans would have to be based on that proposal. Mr. Little responded in the affirmative.

 

The next person to appear before the Commissioners was Marc DiBlasiio of Remington & Vernick Engineers regarding a status update of the Sunset Lake Shoreline Stabilization Project.

 

Mr. DiBlasio summarized that the Borough had received an approximately $1.4 million grant from the NJDEP Bureau of Coastal Engineering. In late 2006 the Borough awarded a contract to Albrecht & Heun to perform the work. The project consists of shoreline stabilization via concrete revetment mats from Rambler Road to Monterey Avenue . Also included in the project is replacement and extension of stormsewer outfalls as needed, grass restorative plantings as required, and installation of a kayak launching ramp.

 

Mr. DiBlasio reported that the contractor is approximately 60% complete in the installation process. The contractor has completed the installation from Rambler Road to Farragut Road , and is currently working in the vicinity of Farragut Road and is heading westerly towards Monterey Avenue . Mr. DiBlasio reported that barring any unforeseen complications, the contractor is scheduled to be complete by the end of April 2007.

Mr. DiBlasio indicated that he is extremely pleased at the progress of the project and the installation of the system. He indicated that the key to the success of the system was the actual installation of the waterward portion of the system. He reported that the contractor has strictly adhered to the engineering specifications in order that Mr. DiBlasio’s office can properly inspect the waterward portion of the project.

 

A meeting will be scheduled in the near future with Commissioner Cabrera to review some outstanding matters such as updating of the project status, and some change order work such as electrical installations, a new irrigation system, and any other issues that may need addressing.

 

Mrs. Gould inquired if a fence will be necessary at the top of the “slope.” Mr. DiBlasio responded that in the design phase when former Commissioner Tomlin was the Borough’s contact person, that question was posed to Remington & Vernick. Remington & Vernick went to the Joint Construction Office of the Wildwoods with that question, and obtained a letter from that office stating that a fence would not be required. He added that he did not know how the Borough’s insurance carrier (ACMJIF) would feel about that. The Clerk interjected his opinion that the ACMJIF would have an issue. He went on to state that the reason for the signage and other difficulties in the past was that it was a hazard for small children with respect to the rocks that had been along the waterline. Mrs. Gould added that the slope now is “all brick.” Mr. DiBlasio indicated that after completion of the installation, the slope is supposed to be top soiled and grassed and that was a condition of the permit from NJDEP. Mrs. Gould inquired if, without a fence, would people be able to walk down the slope. Mr. DiBlasio responded that it was his understanding, in the concept phase of the project, that this was not to be an access project but rather a shoreline stabilization project. Mr. DiBlasio reiterated his understanding, from the design phase, that the Borough had wanted to stay away from any vertical projection due to viewscape. The Clerk interjected that he had not been recommending a high fence of five or six feet, but that something of a lower level may be required to prevent access to that area by small children. Mr. DiBlasio indicated that that was something he could look into. He added that his firm has done some “value engineering” in the field, and as a result there will be approximately $40,000 to $50,000 coming back to the Borough, barring any unforeseen problems. He added that he could investigate with NJDEP to see if those funds that were saved can be used for whatever the ACMJIF would recommend.

 

Mrs. Gould inquired if the shoreline has been decreased. Mr. DiBlasio responded that it has not increased as originally envisioned due to the DEP, but that it has not been shortened.

 

Mr. Groon indicated that he has seen the angle of the slope, and it was a concern to him. He inquired if it would be feasible to install a “retaining” wall just below the level area to prevent accidental falling, but at the same time preserving the view. Mr. DiBlasio responded that that was a good idea and his office would have to figure out how to install such a structure. He added that one of the things recommended by the NJDEP from an environmental standpoint was the installation of vegetation such a low-lying shrubs and grass at the top of the slope, and the Borough had not wanted to do that because of the viewscape.

 

Mr. Cabrera stated that from a public access standpoint, there will be a double-wide kayak launching area for access to the bay. He went on to state that at the upcoming meeting, he will address the matter of the fence/slope, tress, sprinkler system, electrical system, the Rambler Road bulkhead which is currently failing, as well as the planter boxes and seating areas. Mr. DiBlasio asked if the ACMJIF could make some safety recommendations to assist in making a final decision.

 

The next matter for discussion was the proposed change of long distance telephone carrier. The Clerk asked Mr. Groon for a status report. Mr. Groon responded that he was not yet ready to proceed, since there was still information to be obtained. The Clerk indicated that he would keep that matter on the future agendas.

 

Frank Schimmel, 321 Denver Avenue, asked for an update on the Gables Yacht Club. Mr. Groon responded that there is more information to be received, but a resolution is close. The Clerk added that a survey of the area has been performed and a report has been provided to the governing body, the Solicitor has reviewed the survey and report, and it has been turned over to the Engineer for his review.

Ed Chadrow, 111 East Nashville Avenue, reported that in November 2006 the water company replaced his services from the main to the box. At that time they told him that the street would have to remain open for thirty days. In December he was told by the water company that the street would be paved before Christmas. He indicated that the street is still not paved. Mr. Cabrera responded that it is the City of Wildwood Water Utility’s project, and the only thing the Borough can do is contact the Water Utility and their Engineer. He advised Mr. Chadrow that he would contact those entities for a status report and keep him advised as to any progress he makes.

 

Tina Ziccardi, 314 East Jefferson Avenue , reported that The Grand project is now moving over to the Jefferson Avenue side, and the developer has submitted variance applications to Lower Township . She asked that the governing body once again “take a stand” with the area residents and pass a resolution to oppose the project. She indicated that they are planning six stories with 69 units. She stated that some of the concerns of the area residents include the density issues, and safety issues. Mrs. Gould inquired if this phase of the project will be along the houses on Jefferson Avenue . Mr. Ziccardi responded in the affirmative. Mr. Groon asked Ms. Ziccardi if she knew the square footage of the one-bedroom units. Ms. Ziccardi responded that she did not have that information with her, but could provide it to Mr. Groon. The Solicitor stated that the variances being requested were lot frontage, front and side yard setbacks, sign encroachment, lot coverage, parking not located under the building. She added that no height variance is being requested. Mr. Groon inquired as to the date of the variance hearing. The Solicitor responded that it was scheduled for March 15, 2007.

 

Phil Patrone, 312 East Jefferson , stated that the blocking of the sun is the major factor for him. He added that in reviewing the plans, he noted that they contained shade in both winter and summer, and according to those plans the early day shade in the winter is going to cross over Jefferson Avenue and almost to the next street. He reiterated Ms. Ziccardi’s request for support from the governing body.

 

The Solicitor asked if the residents had considered hiring an expert to testify with regard to the shading issue. She went on to state that a legal argument and objection to a variance request is different from a technical argument in response to what the developer proposes and the impact it may have.

 

Mr. Patrone stated that his main reason for appearing before the Board of Commissioners was to request that Jefferson Avenue be made one-way. He added that the residents appreciate the flashing “no trucks” sign installed by the Borough, but that sign was on Pacific Avenue , and the trucks came from Seaview Avenue . Mr. Groon inquired if Jefferson Avenue was still getting significant truck traffic. Mr. Patrone responded that the construction activity has stopped, but when the trucks drove down Jefferson the houses shook. Mr. Groon stated that he had been aware of the initial problems, but it had been his understanding that through enforcement it had been diminished greatly. Mr. Patrone responded that the trucks simply took the route from Seaview up Jefferson . Mr. Groon indicated that he had no problem reviewing the situation again. Mr. Patrone asked that a “no trucks” sign be put at Seaview and Jefferson. Mr. Groon responded that he would take it under advisement with the Chief of Police.

 

Ms. Ziccardi stated that as trucks are coming from the construction area in Diamond Beach into Wildwood Crest on Atlantic Avenue , those trucks are making a left onto Jefferson Avenue .

 

Mr. Groon stated that with regard to Ms. Ziccardi’s request that the governing body adopt a resolution opposing the Grand project, he was not sure that it would be of any help since the prior resolution had been ignored by Lower Township and the State of New Jersey . He agreed with the Solicitor’s recommendation that the residents hire an expert to testify with regard to shading in the area. However, he did agree with Ms. Ziccardi and Mr. Patrone that the development is not a good thing.

 

Mrs. Gould inquired if Ms. Ziccardi or Mr. Patrone had any relationship with the developer. Mr. Patrone responded that he has spoken with him many times, and that last communication they had, the developer told Mr. Patrone not to worry about the development along Jefferson Avenue since that was many years down the road.

 

Mr. Patrone stated that the letter he received with regard to the hearing in Lower Township indicated that the project was located at Atlantic Avenue and Richmond Avenue . He stated that he was not familiar with a “ Richmond Avenue .” Mrs. Gould responded that there is a Richmond on Pacific in Lower Township . The Chief of Police added that he was not sure if there was a paper street in Diamond Beach with that name. Mr. Patrone asked if development over an existing street would stop the project. Mr. Groon advised him to seek counsel in that regard.

 

Ms. Ziccardi indicated that the residents are trying to establish their objections on the record in the event further proceedings are required. She also indicated that the residents would like to request a CAFRA hearing and asked how that could be accomplished. Mr. Groon inquired of the Solicitor if the Commissioners had any ability to assist. The Solicitor responded that nothing could be done prior to the hearing on March 15, 2007. She added that a basic resolution could be adopted at this meeting that opposes the project, and one of the Commissioners would have to appear at the hearing on March 15, 2007 to introduce it into the record. Mr. Groon inquired as to what could be stated in the resolution. The Solicitor responded that it would express many of the concerns that have been expressed in the past and address the primary issues at hand.

 

The Clerk stated that beyond anything the Board of Commissioners may undertake, there will have to be a two-prong approach by the residents. Mr. Patrone responded that the residents have already undertaken that.

 

The Clerk asked for a motion to adopt a resolution, to be prepared/circulated by the Solicitor, which would substantially address the issues facing the residents of Jefferson Avenue and the surrounding/affected area of Wildwood Crest in terms of the planned development in the Diamond Beach section of Lower Township. 

Mrs. Gould motioned, seconded by Mr. Groon, that the resolution opposing the Grand project be adopted and that the same be included herein.

Vote:          Gould-Cabrera-Groon-Yes

 

RESOLUTION NO. 471-07

(Reiterating concerns on issues addressed and opposing the Grand project in Diamond Beach)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        March 21, 2007

Kevin M. Yecco, Borough Clerk

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MINUTES OF MEETINGS INDEX