Prior to the opening of the meeting, Mr. Pantalone 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:

Cabrera – Tomlin – Pantalone - Yes

 Mr. Pantalone 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 December 3, 2001.

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

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ord. No. 914 be placed on second and final reading by title only.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 914

         AN ORDINANCE ACCEPTING THE DESIGNATION OF CERTAIN AREAS OF THE        

         BOROUGH OF WILDWOOD CREST AS URBAN ENTERPRISE ZONE

Mr. Tomlin motioned, seconded by Mr. Cabrera, that a public hearing be held on Ord. No. 914.

Vote:           Cabrera-Tomlin-Pantalone-Yes

There being no public comments, Mr. Tomlin motioned, seconded by Mr. Cabrera, that the public hearing on Ord. No. 914 be closed.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ord. No. 914 be passed on second and final reading and advertised according to law.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 915

         AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT      

         ORDINANCE OF THE BOROUGH OF WILDWOOD CREST – CHAPTER 85 – 

         ARTICLE VII – R-3, MULTI-FAMILY RESIDENTIAL ZONE – SECTION 43 –

         CONDITIONAL USES; SUBSECTION D – MULTI-FAMILY DWELLING, 

         REPLACING OLDER BUILDINGS IN R-3 ZONE OF THE CODE OF THE

         BOROUGH OF WILDWOOD CREST

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 915 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 28, 2002, at 7:00 p.m.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 916

         AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT      

         ORDINANCE OF THE BOROUGH OF WILDWOOD CREST – CHAPTER 85 –

         ARTICLE XV – DESIGN STANDARDS FOR SUBDIVISIONS AND SITE PLANS –

         SECTION 85-89 – PARKING, LOADING, STORAGE AND RECYCLING REQUIRE-

         MENTS – SUBSECTION D – DWELLING:ATTACHED SINGLE FAMILY, E.G.,

         TWO-FAMILY UNIT, TOWNHOUSE, DUPLEX, THREE-FAMILY UNIT OR

         TRIPLEX AND DWELLING: MULTI-FAMILY OR GARDEN APARTMENT WITH

         MORE THAN THREE UNITS PER STRUCTURE – OF THE CODE OF THE

         BOROUGH OF WILDWOOD CREST

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 916 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 28, 2002, at 7:00 p.m.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 209

(Authorizing insertion of a special item of revenue, State of New Jersey,

Division of Motor Vehicles – Drunk Driving Enforcement Fund, in the

amount of $8,764.63 into the 2002 Municipal Budget and requesting

approval of same by the Director of the Division of Local Government Services)

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 210

(Authorizing compliance with the “2001 Annual Audit Report”)

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 211-02

(Authorizing the event known as “Sunset Lake Hydrofest” to be held in

the Borough during September 27-29, 2002, and establishing conditions,

rules, and support appertaining thereto)

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 212-02

(Authorizing submission of non-binding referendum question to the

Cape May County Clerk for beach vending to permit sale of ice

cream products, non-alcoholic beverages, and telescopic pictures)

Prior to the vote, Mr. Tomlin inquired if the statement contained in the Referendum can be amended to reflect that “one is not contingent upon the other.” The Clerk opined that it could be done, but yielded to the Solicitor for her opinion. Mr. Pantalone interjected that the prior referendum on this subject in 1999 contained two questions, one of which resulted in a tie vote and the other was defeated. He indicated his agreement with Mr. Tomlin that the questions should be separate and apart from each other. The Solicitor inquired if there is not some “standard language” used on the ballot indicating that the questions are separate and independent. If not, perhaps the resolution should be modified. The Clerk indicated his understanding that the explanation/division of questions on the ballot could contain such language that each is separate from the other; that they stand alone on their own merit(s). Mr. Tomlin suggested that perhaps the Clerk could indicate this to the County Clerk when the resolution is sent to that office; that the questions should appear separately on the ballot. The Clerk concurred, indicating that there would be no “direct change” to the resolution.

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 213-02

(Authorizing a refund in the amount of $15.00 to Irma Sacchitti for the payment

of a bulk trash pick-up which was not collected)

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 214-02

(Authorizing a refund in the amount of $30.00 to Marlene King for the

payment of a bulk trash pick-up which was not collected)

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO 215-02

(Authorizing agreement with the PBA for a successor contract

through December 31, 2005)

Prior to the vote, Mr. Tomlin stated his appreciation to the Clerk and the CFO and the Mayor for all the hard work put in by them to accomplish this PBA agreement. Mr. Pantalone reiterated Mr. Tomlin’s appreciation of the hard work by the Clerk and the CFO in the negotiation process.

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

Mr. Tomlin motioned, seconded by Mr. Cabrera, that all bills properly authorized as submitted, and which appear on the following page, be paid.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Mr. Tomlin motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, Tax Collector and Chief of Police be read and filed, and that the detailed financial report prepared by the CFO as of June 30, 2002 be approved as presented.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the minutes of meetings held June 26, July 1, July 8, and July 15, 2002, as well as the minutes of closed session of July 8, 2002, be approved.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Mr. Pantalone reported that a requested had been received from the residents of the 300 block of East Washington Avenue for a street closure for a block party on August 10, 2002 after 5:00 p.m. Mr. Pantalone went on to indicate that similar requests have been granted in the past. Mr. Tomlin interjected that he did not have a problem with the request, but indicated that the Board of Commissioners had never in the past been asked to consider such requests. Mr. Pantalone stated that the requests should have been approved by the Commissioners in the past, and it was a mistake to not seek such approval. The Clerk stated that the previous requests had been presented to the Mayor as Public Safety Director, but perhaps should go to the governing body because of liability issues. Mr. Pantalone opined that in the future such requests should be presented to the governing body for approval. Mr. Cabrera stated that the block party was a “great idea.” The Clerk was instructed to convey the approval of the Board of Commissioners to the residents of the 300 block of East Washington Avenue.

Phyllis Bethel, 104 West Morning Glory Road, registered her complaint regarding the fire siren on her street being sounded at noon each day. She had been advised that the siren was blown automatically but disagreed and asked why the siren must be blown at all in light of all the modern technology.

Richard Spina, 110 East Morning Glory Road, concurred with Ms. Bethel’s thoughts, and asked that the noon siren be stopped all together. Mr. Pantalone indicated there have been other complaints throughout town, and stated that the fire department controls the sirens. He went on to state that he has addressed the matter with the Fire Chief, and asked that the residents send a letter to the Board of Commissioners to be forwarded to the Fire Department. Mr. Pantalone went on to indicate that the response he had received from the Fire Chief was that the members of the volunteer fire department had taken a vote on the matter and determined to “keep the sirens.” Mr. Spina inquired if the volunteers had sirens in front of their houses. Mr. Pantalone responded “probably not” and asked that Mr. Spina provide a letter of complaint directly to him, which in turn will be forwarded to the Fire Department.

There being no further comments, Mr. Tomlin motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Dated:  August 28, 2002

Kevin M. Yecco, Borough Clerk