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Minutes of Commissioners Meeting   -   October 21, 2015

Note:  Complete Meeting Appears on CD #22-15 on File in the Borough Clerk's Office. October 21, 2015
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 and same to the Gazette-Leader, Herald of Cape May County and The Press on November 12, 2014.

 

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 NO. 1223 WAS BEING PULLED.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1224 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. 1224

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 47, PARKING METERS, SECTION 47-2, ZONES ESTABLISHED; DELETING SECTION 47-3, ADDITIONAL ZONES ESTABLISHED; AMENDING AND SUPPLEMENTING SECTION 47-8.1, PARKING METER CHARGE; AMENDING AND SUPPLEMENTING SECTION 47-13, VIOLATIONS AND PENALTIES; AND AMENDING AND SUPPLEMENTING CHAPTER 47, SECTION 47-1 THROUGH 47-8.1 TO RENUMBER SECTIONS OF CHAPTER 47 DUE TO THE ELIMINATION OF SECTION 47-3, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 232 ADOPTED JUNE 23, 1958; ORDINANCE NO. 704 ADOPTED AUGUST 9, 1989; ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008, ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009, ORDINANCE NO. 1008 ADOPTED MAY 3, 2006, ORDINANCE NO. 1136 ADOPTED JANUARY 25, 2012, ORDINANCE NO. 1167 ADOPTED MAY 8, 2013, AND ORDINANCE NO. 1181 ADOPTED DECEMBER 11, 2013

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1224.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1224 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1224 be passed on second and final reading and advertised according to law.

Vote:          Gould – Cabrera – Groon – Yes

 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1225 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. 1225

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 60, SEWERAGE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, SECTION 60-1, PAYMENT FOR SERVICES; SECTION 60-2, INDUSTRIAL OR COMMERCIAL PROPERTIES-WELL WATER; SECTION 60-70, NON-USE OF MUNICIPAL SEWER SYSTEMS

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1225.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1225 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1225 be passed on second and final reading and advertised according to law.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1226

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1226 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 4, 2015 at 9:30 a.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 518-15

Awarding a Contract to Trinity Code Inspections, L.L.C. for

Building, Electric, Plumbing and Fire Subcode On-Site Inspection

And Plan Review

 

 

WHEREAS, the City of North Wildwood, as lead municipality for the City of North Wildwood and the Borough of Wildwood Crest, advertised a request for qualifications and proposals for authorized on-site inspection and plan review agencies for the building, electric, plumbing and fire subcodes; and

 

WHEREAS, the governing body of the City of North Wildwood, upon the recommendation of their professional staff, by Resolution dated October 6, 2015, awarded the contract for authorized on-site inspection and plan review for building, electric, plumbing and fire subcodes to Trinity Code Inspection, L.L.C.; and

 

WHEREAS, the Borough of Wildwood Crest is additionally required to individually appoint an authorized on-site inspection and plan review agency in conjunction with the Shared Services Agreement between the City of North Wildwood and the Borough of Wildwood Crest for construction office services, and in compliance with the Uniform Construction Code;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, as follows:

 

                1.             All of the statements of the preamble are incorporated herein by this reference as though the same were set forth at length.

 

                2.             The Borough of Wildwood Crest does hereby affirm and authorize the aforesaid contract with Trinity Code Inspection, L.L.C. to provide on-site inspection and plan review for the building, electric, plumbing and fire subcodes.

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 519-15

Resolution:           Approval to submit a grant application and execute a grant contract with the

New Jersey Department of Transportation for the “Resurfacing of Newark &

Trenton Avenues” project.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest formally approves the grant application for the above stated project.

 

BE IT FURTHER RESOLVED that the Mayor and the Clerk are hereby authorized to submit an electronic grant application identified as Application ID # 00611to the New Jersey Department of Transportation on behalf of the Borough of Wildwood Crest.

 

BE IT FURTHER RESOLVED that the Mayor and the Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Wildwood Crest and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

 

Certified as a true copy of the Resolution adopted by the Board of Commissioners

On this _____ day _____________, 2015

_________________________

                   Clerk

My signature and the Clerk’s seal serve to acknowledge the above resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement as authorized by the resolution above.

 

ATTEST AND AFFIX SEAL _______________________     ___________________________

                                                               (Clerk)                                               (Mayor)

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

AT THE REQUEST OF THE MAYOR, THE RESOLUTION FOR EMERGENCY APPROPRIATION FOR CREST PIER WAS PULLED.

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 520-15

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that TRICK OR TREAT be and the same shall be observed in the Borough of Wildwood Crest on SATURDAY, OCTOBER 31, 2015 BETWEEN THE HOURS OF 5:00 P.M. AND 7:00 P.M.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 521-15

WHEREAS, Randolph Ponticiello and Cynthia Cheng, 510 Denbign Rd., Langhorne, PA 19047, paid the fire prevention annual registration fee in the amount of $35.00 on April 27, 2015 for registration of the property located at 6400 New Jersey Ave. located in the Borough of Wildwood Crest; and

 

WHEREAS, Randolph Ponticiello and Cynthia Cheng have requested a refund of the registration fee paid in the amount of $35.00 due to the fact that they purchased the property and were unaware that the fee was charged because the property had previously been a rental; and

 

WHEREAS, Randolph Ponticello and Cynthia Cheng have filed for exemption with the Bureau of Fire Prevention because it is an R-3 single family dwelling and has not been a rental since they took ownership and same exemption request has been approve by the Fire Official.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer of the Borough of Wildwood Crest be and she is herby authorized and directed to cause a refund in the amount of $35.00 to be made to Randolph Ponticiello and Cynthia Cheng, 510 Denbign Rd., Langhorne, PA 19047 for the reasons more fully set forth above.

 

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 522-15

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2015 property taxes and/or utility payments; and

 

                WHEREAS, an overpayment was created for the reason listed below, and

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

117.01-16                             William Frusco                                                     Amount

2015 Tax                              310 E. Louisville Ave.                                    $1,332.72

                                                Title Company & Mortgage Company

both paid 2015 3rd quarter taxes.

                                                Refund overpayment to Wells Fargo             

                                               

                NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax

Collector should mark the records accordingly to reflect said refund as per the meeting on

October 21, 2015.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, CFO, Tax Collector and the Wildwood Crest Police Department for the month ending September 30, 2015 as accepted as presented. 

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that minutes of Commission Meetings held on September 16, 2015 and October 7, 2015 be approved as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

The Mayor then opened Discussion with New Business.  There was nothing to report wit h regard to New Jersey Avenue.  Commissioner Cabrera then addressed the topic of branding and reported that Finch Brands will be making a presentation and unveiling a logo and slogan at the next Commission Meeting on November 4, 2015.

 

With regard to Old Business, there was nothing to report.

 

The Mayor then opened the floor for public commentary.

 

Gene Mulligan, 6511 New Jersey Avenue, indicated that he was against the medians and made three comments with regard to Pacific Avenue.  The first was concern over traffic on narrow streets between Morning Glory and Primrose and use of left turn lanes.  Mr. Mulligan then inquired if a traffic study was done.  The Mayor indicated that no actual study was done; however, he did point out that when Seaview Avenue went from 4 lanes to 2 lanes that it had a calming effect and that doing Pacific Avenue with medians is a once in fifty years opportunity. 

Lastly, Mr. Mulligan indicated that making major decisions like this should have more involvement.  The Mayor then indicated that three months of discussions have been taking place on this topic.  Mr. Mulligan suggested getting more information out to people is needed and ended his commentary with the notice that a petition would be filed to stop the Bond Ordinance. 


Aileen Kennedy, 122 E. Sweetbriar Road, inquired about the Master Plan and how something of such magnitude is approved.  The Mayor then indicated that the Master Plan is required every 10 years; however, it was revisited about three years ago.  The Mayor did note that all meetings are advertised, but the Borough can and will do a better job with regard to notifying people.  He also stated that there was a three month window to make the decision and sewer lines desperately needed to be done.  Ms. Kennedy wanted to know why medians were rolled in the bond and the Mayor indicated that it was a time decision with a narrow financial window.  Ms. Kennedy indicated that many seniors were fearful of taxes rising.  The Mayor then pointed out that New Jersey Avenue had a $12 million dollar improvement with water, sewer and gas lines and taxes were not increased.

 

Harry Mitchell, 8003 Bayview Drive, stated that the improvements made along the lake are beautiful.  He then stated that he has been a lifelong resident of Wildwood Crest and a member of the Planning Board for 27 years and they looked at the Business District, Residential District and the Motel District.  He then indicated that property values on Pacific Avenue were going down and that many people don’t want to buy and live on a four lane highway.  He further indicated that “homework” was done with regard to Pacific Avenue.  The business district is on New Jersey Avenue and this would be a way to funnel traffic on that street.  Lastly, he indicated it would be a shame if it gets shot down.

 

Rosalie Mulligan, 6511 New Jersey Avenue, objects to more traffic on New Jersey Avenue and that it needs to go to a vote.

 

Chuck Schumann, 117 W. Toledo Avenue, indicated that the strongest part is the issue of safety and if it will make it safer, how can anyone object to it.  The cost over the 10 years is approximately $30,000 a year and the police recommend it. 

 

Patrick Davenport, 7501 New Jersey, also stated he is in favor of medians.  He pointed out that safety is the most important factor and cited the USDOT, “Road Diet,” and “Smart Growth America.”  He added medians promote a neighborhood feel, property assessments increase as well as pedestrian safety. 

 

Zach Morey, 8400 Bayview Drive, agrees with putting in the medians and would prefer to see it done now and not in fifty years.

 

Kyle Morey, 8500 Bayview Drive, agrees with putting in the medians.  The added cost is really a nominal fee.  He indicated the plans clearly show a lot of thought and planning were involved with this decision.  He then indicated that with this project, he will look at purchasing on home on Pacific Avenue.

 

Joe Salerno, 6601 Atlantic Avenue, is in favor of the medians on Pacific Avenue and the impact is important to the community and it will preserve the values of homes.

 

Marie Nickerson, 8801 Bayview Drive, voiced concern over trees in the medians and blocking sight and indicated she was opposed to the medians. Commissioner Cabrera then indicated that the trees right now are strictly a rendering, Central Avenue has trees and it is subject to change.  He then stated that there is a lot of misinformation out there regarding the Bond Ordinance.  The Director of Public Safety then added that safety is really the issue.  He indicated that he spoke with the Chief from Ocean City and that there accidents decreased drastically when they went from four lanes to two lanes.

 

Aileen Kennedy, 122 E. Sweetbriar Road, indicated that misinformation was not given to potential petition signers.  The Mayor indicated that moving forward, they would do a better job to get the information out to the public.

 

Mr.  Mazzola, 222 E. Hollywood Avenue, wanted to know a time frame for when a vote would be.  Commissioner Gould indicated it would be a Special Election that would be approximately 15,000 dollars.

 

Joe Salerno, 6601 Atlantic Avenue, suggested perhaps putting an ad in the paper to get the information out there and added that the medians are a $36,000 commitment per year.

 

Pat Tarleton, 7302 Pacific Avenue, inquired about the upkeep.  Commissioner Cabrera indicated it would be Public Works staff and seasonal staff and his department would absorb the costs.  Commissioner Gould asked if the cost of the grass was included in the medians and it was confirmed.

 

Harry Mitchell, 8003 Bayview Drive, pointed out that along New Jersey Avenue there are approximately 6-8 new homes under construction.  Pacific Avenue could be similar to Central Avenue and right now properties on Pacific Avenue are approximately 60 % less in value than that in North Wildwood. 

 

James Johnson, 214 E. Trenton Avenue, urged fellow taxpayers to take the opportunity to meet with the Commissioners prior to submitting petitions.

 

Joe Schiff, 309 E. Forget Me Not Road, wanted to know what the increased costs will be if the project is delayed.  The Mayor responded that they will have to review grants to see if the Borough is still eligible and there are liability issues at hand and interim improvements.  The Borough must make the effort to make Pacific Avenue safer.  Mr. Schiff then stated that the truth of the matter is that the cost will increase if delayed.

 

Mayor Groon took the opportunity to once again repeat that the Commissioners are more than welcome to meet with everyone to discuss the Bond Ordinance and its implications.  Commissioner Cabrera thanked everyone for attending the meeting and stated there were a lot of positive points and the Commissioners need to do a better job getting the information out.

 

With no further comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.  All were in favor.  The time was 8:11 p.m.

 

Dated: November 18, 2015

Patricia A. Feketics, Borough Clerk

                                                                           

         

MINUTES OF MEETINGS INDEX