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Minutes of Commissioners Meeting   -   June 27, 2007

Note:  Complete Meeting Appears on Tapes #14-07 and #15-07  on File in the Borough Clerk’s Office June 27, 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 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 9, 2006.

 

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. Groon, that Ordinance No. 1038 be placed on second reading and final passage by title only.

Vote:          Gould-Groon-Yes                                    Cabrera-No

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1038

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, TO ADD NEW SECTION 32A-2, MARRIAGE AND CIVIL UNION CEREMONIES, AND RENUMBERING SECTION 32A-2, ADDITIONAL FEES, AS SECTION 32A-3, AND AMENDING ORDINANCE NO. 991 ADOPTED DECEMBER 21, 2005

Mrs. Gould motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1038.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1038 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1038 be passed on second and final reading and advertised according to law.

Vote:          Gould-Groon-Yes                                    Cabrera-No

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1039 be placed on second reading and final passage by title only.

Vote:          Gould-Groon-Yes                                    Cabrera-No

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1039

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE,” FIXING AND DETERMING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE TIME AND METHOD OF PAYMENT

Mrs. Gould motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1039.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1039 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1039 be passed on second and final reading and advertised according to law.

Vote:          Gould-Groon-Yes                                    Cabrera-No

 

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1040 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. 1040

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 79, VEHICLE AND TRAFFIC, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, OCUNTY OF CAPE MAY AND STATE OF NEW JERSEY, ARTICLE II, PROHIBITED PARKING; PROHIBITED STOPPING OR STANDING AND TIME LIMIT PARKING, SECTION 79-3, PARKING PROHIBITED AT ALLL TIMES, 79-32, SCHEDULE I; SECTIN 79-3.1, PARKING RESTRICTED AT ALL TIMES, 79-32.1 SCHEDULE I-A

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1040.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1040 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1040 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1041 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. 1041

AN ORDINANCE AMENDING SECTION 3.(b) OF BOND ORDINANCE NO. 967 OF THE BOR4OUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR VARIOUS IMPROVEMENTS OR PURPOSES, APPROPRIATING $625,000.00 THEREFOR AND AUTHORIZING THE ISSUANCE OF $595,200.00 BONDS OR NOTES OF THE BOROUGH TO FINANCE THE COST THEREOF

Mr. Groon motioned, seconded by Mrs. Gould, that a public hearing be held on Ordinance No. 1041.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1041 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1041 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 540-07

(Authorizing retention of Hawkins Delafield & Wood as Bond Counsel)

 

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. 541-07

(Authorizing issuance of a special events permit to Joseph Vallese for a block party to be held July 4, 2007 at the 300 East block of St. Louis Avenue)

 

Prior to a motion and vote, Mrs. Gould inquired of the Chief of Police if there had been problems arising from the issuance of these types of block party permits. The Chief of Police responded that, in his opinion, it is something that should be addressed due to safety and liability issues since there are more and more applications of this type being received. The Clerk interjected that it was his understanding that discussions had been commenced between the Chief of Police and the Solicitor. The Chief of Police added that the Mayor has been included in those discussions. Mr. Groon added that the application process has recently been revised to streamline the process and included more police input into the process.

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. 542-07

(Authorizing refund of certain property tax/sewer 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. 543-07

(Authorizing refund of certain TDF overpayments in the amount of $150 to Ross, Larson and Donodeo)

 

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. 544-07

(Authorizing refund of mercantile overpayment in the amount of $255 to Michael DiAntonio)

 

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. 545-07

(Authorizing re-appointment of Joyce Gould as a member of the UEZ)

 

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. 546-07

(Authorizing re-appointment of Jeff Walden as a member of the UEZ)

 

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. 547-07

(Authorizing application for and execution of a subcontract with the County of Cape May for the Municipal Alliance Program)

 

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. 548-07

(Authorizing correction of amount of contract with Vital Computer Systems to $310,800 for the Borough-wide revaluation)

 

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. 549-07

(Authorizing appointment of Pat Rasmussen as Planning Board liaison to the Zoning Board, replacing Bob Cashioli)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported for the record that the negotiation of an agreement between the Borough of Wildwood Crest and the Wildwood Gables Yacht Club was being held in abeyance until the pending matter of alleged violations at the Yacht Club as cited by the NJDEP is finally adjudicated or resolved.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that all reports received, from the Court Administrator, CFO, Tax Collector and Chief of Police, for the month ending May 31, 2007, be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that the minutes of meetings held May 23 and June 6, 2007 be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that one taxi license be issued to Ocean Cab Company, and three licenses be issued to Checker Cab Company pursuant to applications received by the Borough Clerk.

Vote:          Gould-Cabrera-Yes                                 Groon-Abstain

 

The Clerk reported that all matters pending under “New Business” would be held for further discussion until after the closed session discussion.

 

Willliam Caruso, 303 East Orchid Road, expressed a complaint against the Cozy Crest Motel. He added that his neighbors concurred with his sentiments. Mr. Caruso went on to state that there are under aged persons on the premises, there is urinating in the street, sexual assaults, fighting, sleeping on personal property, stealing items from personal property, wrong-way driving, loud noise after 11:00 p.m., and that all of the neighbors are in fear for their safety.

 

Tony Mirabello, 7210 Pacific Avenue, also expressed his concerns about the Cozy Crest. He indicated that two years ago, on Memorial Day Weekend, there was a severe assault in the middle of the street at the Cozy Crest. He stated that the behavior has been going on for several years and he is tired of putting up with it.

 

Marge Mirabello, 7210 Pacific Avenue, added that she witnessed a young man urinating in the street in front of her neighbor’s home. She added that the language is offensive.

 

Mrs. Gould inquired if any of the neighbors have approached the owners of the Cozy Crest with their concerns. The response was in the negative.

 

Mr. Groon stated to the Mirabellos and Mr. Caruso that they should “pick up the phone and call (the police)” if they witness the type of behavior described.

 

The Chief of Police stated that the owner of the Cozy Crest has not been very cooperative with the Borough in controlling the behavior of his guests. The Chief added that the number of complaints so far in 2007 is lower than in the past, but unfortunately those have been more serious than in prior years. He added that there is a certain procedure that his department and the Borough must follow in these types of matters. The Borough’s prosecutor has been advised of the situation, and has been asked to prosecute the cases to the fullest extent possible under the law.

 

The Clerk inquired if the owner of the property has been issued any citations by the Police Department. The Chief responded in the negative. The Clerk stated that if the neighbors bring complaints to Municipal Court against the owner of the property, and the owner is convicted in Municipal Court, the governing body could then revoke the mercantile license for maintaining/operating a “disorderly house”.

 

Mrs. Gould inquired of Mr. Cabrera whether it was true that public works was going to a four day trash pick-up for the motels, with a Sunday pick-up. Mr. Cabrera responded in the affirmative. Mrs. Gould then inquired if “we have the money” to cover that. Mr. Cabrera responded, “we are going to try to make it work within our budget, but if we run short we will have to deal with it in November.” Mrs. Gould inquired as to exactly where the extra pick-ups will take place. Mr. Cabrera responded that it will be east of Atlantic Avenue.

 

There being no additional public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY and indicated on the record that would be for purposes of conducting a closed session discussion in accordance with the provisions of the open public, specifically for matters of negotiation for consideration of appointment of a grants coordinator and for a matter of potential litigation, specifically the on-going matter of looping the water lines as proposed by the Wildwood Water Utility.  The Clerk further advised all present that the matters would be discussed in closed session upon adoption of the following resolution, that the discussion would be released to the public at the conclusion of the matter, and that the governing body would be considering formal action upon resuming the open session after concluding the closed session discussion this evening:

RESOLUTION NO. 550-07

(Closed Session – negotiation/potential litigation with Wildwood Water Utility regarding water utility improvements on the beach)

 

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

Vote:          Gould-Cabrera-Groon-Yes

The open session meeting resumed at 8:35 p.m.

 

The next matter for discussion was the discussion of Seaview Avenue reconstruction and grant applications in conjunction with that project.

 

The Clerk provided copies of various correspondence and proposed resolution authorizing submission of a grant application for State Aid to Municipalities under the New Jersey Transportation Trust Fund Authority Act and Local Bridge Bond Act Municipal Aid. The Engineer had submitted packages of information regarding the bike path extension and streetscape improvements along Seaview Avenue in conjunction with the reconstruction.

 

Additionally, cost estimates were provided in the vicinity of $11.4 million for a road reconstruction project for the entire length of Seaview Avenue.  The Clerk reminded the governing body that direction was needed on the three issues involving potential funding, street and utility reconstruction project for Seaview Avenue, streetscape along Rambler for the bike path tie-in, and the actual new bike path to extend from Seaview and Rambler through Jefferson Avenue and precisely who would be coordinating any or all of the grants to be applied for.

 

Mr. Cabrera reported that Seaview Avenue is in need of reconstruction from Cresse Avenue to at least Atlanta Avenue, but it was his position that the entire length of the street should be done. Jim Verna, the Engineer, stated that it was the recommendation of the Engineer’s office that Seaview Avenue utilities are in need of reconstruction from Cresse Avenue to at least Monterey Avenue. He indicated that during the recent street reconstructions in the south end of town, it was found that the utilities along Seaview Avenue are not in good condition.

 

Mr. Cabrera added that it was his opinion that if the Borough is going to undertake the reconstruction of the street and utilities, “we might as well do the entire street.” The $11.4 million estimate would be for the entire project. He indicated that there are opportunities for funding that are discretionary, but it would make sense to tie them in with the reconstruction project. Those discretionary projects would be to create a bike path along Seaview Avenue and a streetscape along Rambler Road.

 

Mr. Groon stated that the project could be done in phases, whether it be two, three or more phases, and the Borough would not have to proceed with the streetscape and bike path in 2007-08 since that part of the project would not be for another three years down the road. He suggested that the first phase could be the north end of Seaview, which would not encompass the bike path, and that would not prevent the Borough from applying for funding in 2008 for the next phase, to include the bike path and streetscape. Mr. Verna responded that the State of New Jersey will always have the road program, but they don’t always have the other programs such as a streetscape. Mr. Groon inquired if it would be more expensive to put a grass strip down the center of Seaview Avenue as opposed to asphalt.

 

Mr. Verna responded that it would depend upon what the Borough decided to do, since grass would probably require irrigation and other landscaping. He stated that landscaping could be somewhat cheaper then roadwork, but from an engineering standpoint if a bike path were to be put along the roadway it would be better than putting islands in because they could create traffic problems.

 

The Clerk inquired if Seaview Avenue is even wide enough to accommodate islands. Mr. Verna responded that it is 70 feet wide. He added that it is not wide enough to have parking, bike paths in each direction, and islands.

 

Mr. Groon reiterated his comments that he did not want the Borough to be in a rush to approve something that does not have to be done immediately.

 

Mrs. Gould stated that she did not know why Seaview Avenue was being discussed for a bike path since it had been discussed for New Jersey Avenue in the past. She also did not agree with the “island” concept along Seaview Avenue. The Clerk responded that bicycling is becoming very prominent as a form of transportation and exercise, and New Jersey Avenue would not be feasible since south of Miami Avenue it becomes very narrow. Therefore, if Seaview Avenue, which is wide enough in everyone’s opinion, is not utilized, there would be no other option to connect to Lower Township since Pacific Avenue from that street (Rambler) south is controlled by the county.

 

Mr. Groon stated that the Borough could proceed on the first phase of Seaview Avenue reconstruction, which would permit the Borough to coordinate the remainder of the project after public input. He added that it was his opinion that other projects could be tied in with the bike path.

 

Mr. Verna indicated that if the bike path were to be tied in with the reconstruction project, the Borough could probably realize a substantial savings over doing the projects separately.

 

Mr. Groon reiterated that the first deadline for the grant applications was June 29, 2007 for the streetscape and bike path. The Engineer interjected that the deadline for the DOT application was in July.

 

The Clerk asked for confirmation from the governing body that the Engineer be authorized to prepare documents necessary, based on engineering estimates, to cover a certain number of streets, with add alternates if required for a “first phase”.

 

The authorization provided was for the Borough Engineer to proceed with preparation of the necessary documents, including a resolution and application, in conjunction with Phase I, from Cresse to Rosemary, utilizing conventional funding, commencing in October 2007 of the Seaview Avenue Street Reconstruction Project, and also applying for the $400,000 DCA grant through Blauer Associates. The Clerk stated that the Blauer portion would require an authorizing resolution, and should be coordinated with the Engineer in terms of proper terminology. He added that there would be a cost to the Borough of $1,500 that the CFO would have to be authorized to charge to a particular line item. Additionally, the streetscape and bike path would be held until the 2008-09 application cycle. Mr. Groon interjected that it would be phased in.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 551-07

(Authorizing appointment of Blauer Associates as grant coordinator for Small Cities Community Development Block Grant Program)

 

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. 552-07

(Authorizing application to the State of New Jersey, Department of Community Affairs, for a grant for improvement to Seaview Avenue storm drainage)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that Triad Associates would be presented to the governing body in the future for consideration as grants coordinator for the Borough.

 

The Clerk also indicated that information had been supplied to the Mayor with regard to a proposed UEZ ordinance, specifically to amend Section 8 of the Borough’s ordinance, to fund through UEZ monies or the municipal budget administrative costs of the UEZ office, inclusive of salary and wage and other expenses. The entire package will be presented to the governing body for consideration in the very near future.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        July 25, 2007

                                                                                   

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