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Minutes of Commissioners Meeting   -   November 7, 2012

Note:  Complete Meeting Appears on CD #31-12 and #32-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office November 7, 2012
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 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, the Herald and The Press on November 29, 2011.

 

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. 1150 be placed on second reading and final passage by title only.

Prior to the vote, Mr. Groon requested a discussion, inquiring if the amount should be reconsidered due to changed circumstances due to the recent storm. The Clerk responded that he did not think it should be reconsidered, since the Borough cannot anticipate when FEMA funding will be received. The CFO stated that no commitment had been received from FEMA to date. Mr. Groon then inquired if $25,000 will be a sufficient amount. Mr. Cabrera responded that it would not be sufficient. The DPW Superintendent stated that the pending $25,000 was already in the capital improvement plan prior to the storm. Mr. Cabrera stated that by adopting the pending ordinance, the Borough is not obligated to spend the monies. The CFO stated that a separate ordinance can be adopted if additional funds are required. Mr. Groon stated that since the Borough will have to review the beach in its entirety due to storm damage, and it was his opinion that it should not be done piecemeal. The Clerk stated that the governing body was obligated to continue with the process since the ordinance and hearing had been advertised.

Vote:          Gould-Cabrera-Yes                                 Groon-No

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1150

A CAPITAL ORDINANCE PROVIDING FOR THE CONSTRUCTION OF VARIOUS BEACH WALKWAYS AND APPROPRIATING THEREFOR THE AMOUNT OF $25,000 FROM CAPITAL IMPROVEMENT FUND

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1150.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould inquired of the CFO if the passage of this ordinance would obligate the Borough in any way should the funds not be required. The CFO responded that the funds would be available for the purpose stated, and the funds can be made available at any time that the governing body so determines.

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1160 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1150 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Yes                                 Groon-No

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 885-12

WHEREAS, N.J.S.A. 54:5-19 requires the governing body by Resolution to empower the Tax Collector to conduct a tax sale in 2012 for properties with unpaid taxes, sewer and /or other municipal charges or charges in arrears from the prior fiscal year, as well as temporarily hold out of tax sale certain properties that comply with specifically defined conditions and circumstances; and

 

WHEREAS, there are properties with delinquent charges as noted above, as well as certain properties as designated on the 2012 tax sale list which comply with said conditions and circumstances to be temporarily withheld from the tax sale for 2011 taxes, sewer and other municipal charges.

 

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey that the Tax Collector be empowered to conduct a tax sale in 2012 as referenced above, and temporarily hold out of the tax sale any such property which conforms to the specifically defined conditions and circumstances as promulgated in N.J.S.A. 54:5-19 and/or any other provision of New Jersey Statutory Law.

 

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. 886-12

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by any public or private funding source and the amount thereof shall not have been determined at the time of the adoption of the budget; and

 

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and

 

WHEREAS, the Borough of Wildwood Crest will receive $3,770.00 from the United States Department of Justice – Bulletproof Vest Partnership Grant Act and wishes to amend its 2012 Municipal Budget to include this amount of revenue.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, does hereby request the Director of the Division of Local Government services to approve the insertion of an item of revenue in the municipal budget of the Borough of Wildwood Crest for the year 2012 in the sum of                                                                        $         3,770.00

which is now available as a revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with

Prior Written Consent of the Director of the Division

of Local Government Services - Public and Private

Revenues Offset with Appropriations:

U.S. Dept. of Justice: Bulletproof Vest Partnership Grant Act         $                                                                               3,770.00

 

BE IT FURTHER RESOLVED that a like sum of               $                                                                               3,770.00

be and the same is hereby appropriated under the caption of:

GENERAL APPROPRIATIONS

(a)  Operations Excluded from Caps

Public and Private Programs Offset by Revenues:

U.S. Dept. of Justice: Bulletproof Vest Partnership Grant Act

 

BE IT FURTHER RESOLVED that the Borough Clerk be and he is hereby authorized and directed to forward two (2) copies of this Resolution to the Director of the Division of Local Government Services.

 

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, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Nancy Pietropaoli, 6002 Seaview Avenue, inquired if the Borough had any plans for a more thorough evacuation procedure for the residents. She commented that there had been two evacuations in the last year and that there were no directions where to go. The Chief of Police responded that there are public shelters, but those would not be the first choice if other alternatives are available. He indicated that his department relayed the information as to where the public shelters were located. Mrs. Pietropaoli stated that there are many senior citizens who are unable to drive or travel long distances. She requested that the Police Department have available a list of potential motels in the Vineland area to be provided to the public.

 

With regard to the 2013 Capital Improvements, the Clerk inquired as to the status of the Washington Avenue and Borough Garage projects. Mr. Cabrera responded that the governing body had been waiting for the revised figures from the Engineer, and those figures had been provided, totaling $640,000. He added that the numbers were significantly reduced from earlier. Mr. Cabrera went on to state that it was his understanding that there was $910,000 allocated for 2012, inclusive of the ordinance that was adopted for the public works garage. Therefore, it appears that with the monies already allocated that the Borough will be able to do the public works building, as well as the tennis courts/soccer field areas and new fencing. The Clerk interjected that there is $150,000 already available for the renovation of the public works building. He inquired if the numbers had been changed for the playground on Washington Avenue and the tennis courts. Mr. Cabrera responded that the total project had been reduced from $720,000. Mr. Cabrera added that the funding is already in place from 2012 for other projects which are not going to proceed. The Clerk then inquired if the work will be done in-house, or will it be bid out. He was advised that there are three phases to the project. The first phase will be the tennis court/playground area. The second phase will be the public works offices. The third phase will be the recycling depot, but it will not be done until the New Jersey Avenue project is commenced. The soccer field will be the staging area for the New Jersey Avenue project, and when that project is complete, the contractor will be required to restore the field. The Clerk inquired as to the timing of the public works building renovations. Mr. Cabrera responded that it will start as soon as possible, and he hoped to have it completed before summer 2013. The CFO interjected that there may be cash flow issues outside the $150,000.

 

Mr. Groon questioned whether any of the work can be done before the summer 2013. The CFO stated that there is $150,000 available presently. The balance of the available funds are going toward the New Jersey Avenue project for preliminary work. He added that it was his suggestion that the projects be commenced in the fall of 2013.

 

Mr. Groon inquired as to the CFO’s recommendations for work to be done on the beach prior to the 2013 summer season. The CFO responded that the beach can be done under an emergency, or the money can be taken from the 2013 budget, or the funds can be borrowed, or the Borough can utilize excess funding from the last catastrophe.

 

Mr. Groon reported that the Chief of Police had been following up with FEMA on obtaining those funds.

 

The Clerk concurred with the CFO that the Borough has the ability to treat the beach clean-up as an emergency.

 

It was decided that the beach is a priority, as well as New Jersey Avenue, and that the rest of the projects will wait until fall of 2013. Mr. Cabrera did request that the public works building be expedited if at all possible.

 

Mr. Groon stated that the dunes must be rebuilt, as well as significant grading of the beach between the bulkhead and the dune line. The Clerk stated that he was waiting for an assessment report from the Engineer. Mr. Cabrera stated that it was his opinion that the biggest expense on the beach will be rebuilding the walkways.

 

There was discussion regarding commencing work on the beach prior to FEMA representatives inspecting the damage. It was decided that work would commence since documentation of the damage could be provided via photographs.

 

Mr. Groon reported that the State of New Jersey had indicated that as long as the “footprint” is not disturbed in any repairs, no permit will be required.

 

The DPW Superintendent was instructed to commence the beach clean-up, as well as repair/replacement of the railings on the bayfront street-ends.

 

Mr. Groon suggested that the Engineer draft specifications for the beach walkways in order that they can be put out the bid. The Clerk stated that the cost may be FEMA reimbursable.

 

The Clerk indicated that there is a significant amount of money due to the Borough from FEMA for past storms, and those funds could be utilized if FEMA will release the funds.

 

Mr. Cabrera inquired if an emergency appropriation would permit the Borough to hire additional staff to do the work. The Clerk responded in the affirmative.

 

The next matter for discussion was the UEZ participation. The Clerk reported that the Solicitor was still waiting for the agreement with respect to the UCC carryover inspections.

 

With regard to the bulkheads dockets and piers, as well as the dumpsters sections of the Borough code, the Clerk reported that he had received a detail e-mail communication from the Engineer, which was forwarded to the governing body for their review. Those code changes, as well as the mercantile licensing changes, were moving closer to final drafts.

 

With regard to the bulkheads ordinance, Mr. Groon inquired if the two suggestions made by the Engineer would be incorporated into the ordinance. The Clerk responded that they would be incorporated. Additionally, Mr. Groon inquired about the reference to eight feet. The Engineer responded that the eight feet refers to the bayfront, and a height on the ocean front would have to be determined.

 

The Clerk commented on the dumpster ordinance that the ordinance should include all debris pick up and not just Borough pick up. The Engineer stated that construction dumpsters are the Borough’s biggest problem.

 

With regard to the mercantile licensing ordinance, the Clerk stated that he had received no comments regarding his suggestions and was concluding that the provisions were acceptable. Mr. Groon stated that he wanted to review the mercantile ordinance against because he was looking for the parking permit fee. The Clerk responded that it is in the general fee ordinance.

 

The Clerk requested confirmation that installation of additional meters on Atlantic Avenue would be moved forward. Mr. Groon answered in the affirmative.

 

With regard to amendment of beach regulations, the Clerk stated that he had provided a copy of Chapter 8, Beaches, to the governing body for their review. Mr. Groon stated that it was his opinion that significant re-writing was needed. He indicated that part of the issue in the code had to do with beach access, and an expeditious resolution of the issue was required. He asked the governing body to give some thought to how they wanted to deal with the beach access issue.

 

The Clerk added that another area regarding the beach would be potential beach vending as an alternative revenue source for the 2013 fiscal year. Mr. Cabrera stated that he had proposed that, and asked that the governing body consider such an option in light of the economic situation. He suggested that the Borough had the potential of realizing approximately $100,000 per year with a beach vending concession. The Clerk stated that a decision would have to be made as to the number locations to be offered, or if it would encompass carts. Mr. Cabrera stated that it was his understanding that it would be individuals walking the beach.

 

Mr. Groon made some recommendations regarding the 2013 “Pay As You Go” list and provided a proposed list to the governing body. The Clerk interjected that some of the items on the list were a result of department head requests. Mr. Cabrera requested that the CFO provide him with a copy of the 2012 “Pay As You Go” list for comparison.

 

With regard to the general fee ordinance, Mr. Groon indicated that a suggestion had been made to incorporate a charge for emergency services required by persons who choose not to evacuation under a mandatory evacuation situation. Mrs. Gould stated that if the Governor declares a state of emergency and issues a mandatory evacuation order, those who ignore the order should be required to pay a fee for any emergencies that may arise due to their decision not to evacuate. The Solicitor was requested to provide an opinion on the matter.

 

The Clerk stated that the Borough was owed past due FEM funding reimbursement for prior storm damage in 2009, and he inquired as to whom the Borough should contact to obtain those funds. Mr. Groon stated that the Chief of Police was going to make one final attempt at obtaining the funds, and if that fails, a further attempt will be made through other channels.

 

There being no further matters for discussion, and no additional public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 887-12

Authorizing Executive/Closed Session in accordance with the provisions of the Open Public Meetings Act, specifically N.J.S.A. 10:4-12(b)

 

WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4-6 et. seq.) requires all meetings of the Board of Commissioners of the Borough of Wildwood Crest to be held in public, except that N.J.S.A. 10:4-12(b) sets forth nine (9) types of matters that may lawfully be discussed in “Executive or Closed Session,” i.e., without the public being permitted to attend; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that one (insert number) issues are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on November 7, 2012 at 9:30 A.M.; and

 

WHEREAS, the nine (9) exceptions to public meetings set forth in N.J.S.A. 10:4-12(b) are listed below, and next to each exception is a box within which the number of issues to be privately discussed that fall within that exception shall be written, and after each exception is a space where additional information that will disclose as much information about the discussion as possible without undermining the purpose of the exception shall be written:

 

___1____            “(7) Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are bayfront encroachments and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is bayfront encroachments

 

WHEREAS, the Board of Commissioners shall reconvene the public meeting at the conclusion of the authorized closed or executive session, which may or may not include formal action as a result of the discussion(s) held.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, assembled in public session on the date of the meeting of the governing body set forth herein above, that a closed session shall be held for the discussion of matters relating to the specific items designated above involving the Borough of Wildwood Crest.  The governing body shall convene a closed session discussion immediately upon passage of this resolution and it is anticipated that the deliberations conducted in closed session shall be disclosed to the public upon conclusion of the matter and/or after determination of the Board of Commissioners that the public interest will no longer be served by such confidentiality and that the meeting will return to open session at the conclusion of the discussion and formal action may be taken if/as authorized.

BE IT FURTHER RESOLVED that the Municipal Clerk, at the present public meeting, shall read aloud enough of this resolution so that members of the public in attendance can understand, as precisely as possible, the nature of the matters that will be privately discussed.

 

BE IT FURTHER RESOLVED that the Municipal Clerk, on the next business day following this meeting, shall furnish a cop of this resolution to any member of the public who requests one at the fees authorized by N.J.S.A. 47:1A-1, et. seq.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, 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:        November 26, 2012

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX