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 2, 2002.

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

Mr. Pantalone inquired if anyone present had a bid or bids to be submitted for the reconstruction of Pittsburg Avenue between New Jersey Avenue and Seaview Avenue. Hearing no response, Mr. Pantalone inquired if the Clerk was in receipt of any such bids. The Clerk responded in the affirmative. Thereafter, THE CLERK READ THE NOTICE TO BIDDERS IN FULL.

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the bid or bids received be opened and read.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK THEREAFTER OPENED AND READ ALL BIDS RECEIVED.

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the bid or bids received be referred to the Borough Engineer, initially, and then on to the Solicitor for their evaluation and recommendation respectively.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 937 be placed on second reading and final passage by title only.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 937

AN ORDINANCE AMENDING AND AUGMENTING CHAPTER 33 –

FIRE CONTROL MEASURES – SECTIONS 33-19, 33-20, 33-21, A AND B,

AND 33-22 TO PROVIDE FOR THE INSTALLATION OF KEY LOCK BOX

SYSTEMS ON EXTERIOR OF STRUCTURES FOR FIRE SAFETY PURPOSES

Mr. Tomlin motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 937.

Vote:           Cabrera-Tomlin-Pantalone-Yes

There being no public comment, Mr. Tomlin motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 937 be closed.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 937 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. 938

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 53, POLICE

DEPARTMENT, SECTION 53-26.1D, PAYMENT FOR OFF-DUTY ASSIGNMENTS,

AND SECTION 53-26.1E, ADMINISTRATIVE COSTS, OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW

JERSEY, AND SUPERCEDING ORDINANCE NO. 710, ADOPTED DECEMBER 13, 1989

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 938 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 27, 2003, at 7:00 p.m.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 939

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE,”

FIXING AND DETERMINING 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

Mr. Tomlin motioned, seconded by Mr. Cabrera, that Ordinance No. 939 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 27, 2003 at 7:00 p.m.

Vote:           Cabrera-Tomlin-Pantalone-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 394-03

(Authorizing submission of a grant application, through the Department of

Community Affairs, in the amount of $100,000 to build new handicapped

accessible beach ramps and walkways)

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. 395-03

(Authorizing the voiding of two PNC Bank Escrow Account checks)

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 hereinbelow, 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, 2003 be approved as presented.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Mr. Tomlin motioned, seconded by Mr. Cabrera, that the minutes of meetings held June 25, July 7, and July 14, 2003, as well as the closed session of July 7, 2003, be approved as presented.

Vote:           Cabrera-Tomlin-Pantalone-Yes

Judith Ianieri, 8005 Pacific Avenue, thanked the Board of Commissioners for the policy change with regard to membership at the Von Savage Memorial Pool, providing for all taxpayers paying the same fee regardless of residency. Additionally, she commended the weekly concerts presented at the Miami Avenue gazebo.  Ms. Ianieri went on to comment on the recent tax increase. She questioned why the residential property owners received a substantial increase in their taxes, while a substantial number of motel owners received decreases in their taxes. Mr. Tomlin responded that the reassessment process was conducted “universally throughout the entire Borough.” Ms. Ianieri stated that she understood that, and realized that the land values in residential areas had “skyrocketed.” She questioned why, if the land value is what is making the taxes go up, the motels did not see a substantial increase as well.

The Tax Assessor responded that the purpose of the property reassessment recently conducted was to value every property at its current market value as of October 1, 2002 as mandated by the Cape May County Tax Board. The result of that was an update from the last reassessment conducted in 1997. Consequently, prior to October 1, 2002, all properties in the Borough had been valued at the 1997 level. He went on to state that property values in Wildwood Crest, the average residential properties, has “most likely” increased by roughly 90% to 100% in value. As for the commercial properties, applying the same market value method of determining assessed values, the difference between 1997 and 2002 resulted in an average increase in those properties of approximately 40% to 50%. Therefore, commercial properties did not increase at the same rate as residential properties. The Assessor went on to state that in New Jersey, property assessment is determined by a market value assessment, and certain classes of properties increase or decrease at different rates. He then invited any property owners who wished to discuss their individual property with him to see him in his office for a personal discussion.

Clayton Smith, 5606 Pacific Avenue, presented the hypothetical scenario of two properties of equal dimensions, both beach front - one residential and one commercial, and questioned if the commercial property would increase in value only 50% as much as the residential property. The Assessor responded that there are no beach front residential properties in Wildwood Crest. Mr. Smith then gave the same example on the bayfront. The Assessor responded that the bayfront residential properties saw the largest percentage increase from the previous 1997 value, indicating that those increases averaged in the $300,000 to $500,000 in 1997 to a $700,000 to $900,000 range in 2002.

Ron Sinn, 207 East Lotus Road, stated that what seems to be “driving” the assessments is the new construction, and gave an example of a property on Lake Road. He went on to state that the locals who have lived here all their lives won’t be able to afford to live in Wildwood Crest.

Frank Coughlin, 106 East Atlanta, commented on the high number of concrete trucks traveling Atlanta Avenue in conjunction with a project in that area, and asked if Rambler Road was the truck route.  Mr. Pantalone responded that the situation would be “looked into” and confirmed that there is a prescribed truck route, but that in some instances the trucks have to deviate from that route. Mr. Pantalone asked Lt. Mayer to have the situation looked into.

Clayton Smith next commented on the traffic and parking problems being created by all of the new construction, and questioned what is being done to alleviate the situation. Mr. Pantalone responded that it is a police problem and Mr. Smith should continue to contact the police when a problem occurs, and suggested he speak to someone in the police department for guidance. Mr. Smith then asked Mr. Cabrera how often the streets are cleaned in Wildwood Crest. Mr. Cabrera responded that during the season the Public Works Department tries to clean streets at least once or twice a week, but that it is very difficult given the number of cars parked on the streets.

Jim Johnstone, 300 East Miami Avenue, questioned what is being done about having impact fees in Wildwood Crest since there is a large amount of construction going on with the resultant truck traffic. Mr. Pantalone responded that it is something that would require a study and legal opinions, and to date the Board of Commissioners have done nothing in that direction.

Mr. Johnstone inquired if the police department will be monitoring speeding on the north/south streets, and setting up the speed monitoring equipment. Mr. Pantalone responded that the police department has not instituted that policy this summer. Lt. Mayer interjected that there is only one such piece of equipment available, and it is on a “loan basis” from Middle Township.

Mary Kamariotis, 7909 New Jersey Avenue, stated her opinion that the motel owners “have a lot to say in this town” and they don’t want beach fees. She went on to state that she is in favor of beach fees, and felt that it would help lower taxes.  Mr. Pantalone responded that there is a new 1.85% tax earmarked for tourism, and the State of New Jersey has added an additional tax on hotels and motels. He went on to state that some of those taxes will come back to the community, and that the Wildwoods will get roughly $300,000 per town from the 1.85% tax. Ms. Kamariotis stated that those taxes do not prevent “day trippers” from coming to Wildwood Crest and utilizing the town’s free beaches. Mr. Pantalone indicated that the beach fees issue had been presented to the voters at referendum and was defeated. Ms. Kamariotis responded that perhaps it should be presented to the voters again.

Arthur Moffett, 7401 New Jersey Avenue, inquired of the Tax Assessor what the percentage increase in the budget for 2003 was over the 2002 budget. The Assessor responded that it was roughly 3%. Mr. Moffett responded that, theoretically, the town only required 3% more revenues that in 2002. The Assessor responded in the affirmative. Mr. Moffett went on to state that his taxes increased 76%, and inquired how that figure was determined. The Assessor responded that, with regard to the issue of the “extra money,” the budget calculations are done regardless of any changes in assessment rolls. He went on to state that a reassessment is a reflection of what is happening with regard to real estate in the town. Mr. Moffett responded that it was his opinion that the percentages were “quite high.”

Les Stolarz, 313 East Nashville Avenue, inquired of the Tax Assessor whether the large construction project at Nashville and Atlantic Avenues is being taxed only on the land during construction. The Assessor responded in the affirmative. Mr. Stolarz went on to inquire if, once the construction project is completed and the new ratables are available, will the tax rate for 2004  come down causing a decrease in taxes. The Assessor responded the rate may decrease after the ratables are in. He went on to add that the reassessment resulted in a different distribution of the tax burden and once that is stable and the entire town is at the same assessed value from one year to the next, a possible reduction may occur with the increased ratables. Additionally, since there is a large amount of construction in town, those projects are being taxes on land only, and once the construction is complete, more ratables will be realized. Mr. Tomlin interjected that, now that the tax rate is established at a low figure, it is hoped that the 2004 tax bills will be reduced by the additional ratables.

Louise Johnstone, 300 East Miami Avenue, stated that it was her understanding that the motels are paying less in taxes for 2003 than was paid in 2002, and that many were receiving reductions in taxes in the range of $15,000 to $40,000. She went on to state that she had inquired at a Board of Commissioners’ meeting earlier in the year why, since the Municipal Budget increased by only 3%, the tax bills were so high and where was the additional money going. She received the answer at that time that the Borough “had to make up for the short fall in what is being collected from hotels.” Mr. Pantalone responded that he did not believe she was told that at any time. Mrs. Johnstone went on to inquire whether the Borough is “making up for the reduction in taxes for the motels.” The Clerk interjected that the rate of increase in values was less for the motels than for residential properties, and that is the reason for the increase in residential property taxes based upon the increased assessed values. Mrs. Johnstone inquired why the motels are getting tax bills of $15,000 to $40,000 less. The Assessor stated that residential properties values increased at a higher rate than those for motels and, consequently, the homeowners received tax bills on the actual market value of the property, rather than the value assessed in 1997. He went on to state that the values for motels did not increase at the same rate as residential properties, giving the example of a motel assessed at $3 million in 1997 would have to sell for the amount of $6.5 million to realize the same rate of increase as in residential properties. Consequently, although every property in town is taxed at the same rate, the distribution of taxes has changed.

Jim Johnstone, 300 East Miami Avenue, asked if it is true that in October 2003 the Assessor will re-evaluate some of the new properties and they will be reassessed at approximately 80%. The Assessor responded that, as far as the percentage, he did not know where that figure came from, but that the standard procedure would be that the reassessment provides for a 100% value of every property in town. Therefore, if there is a new townhouse or single family home being built, and the market value is $400,000 it will be assessed on the books at $400,000 and will be charged the same tax rate. Mr. Johnstone stated that it is unfortunate that the “gift” being given to the hotels and motels is being made up by the residential community. He went on to state that he has checked the 2003 records, and found that many of the motels have gone down from between $15,000 and $40,000 and consequently the residents are paying more.

The Solicitor interjected that it is not a “gift” because the reverse is also true. She went on to state that from 1997 to 2003, the motels paid a greater share even though the residential sector increased substantially more in sales than the commercial sector for that time frame. Mr. Johnstone stated that as an individual who is retired, his increase in income went up only 1.2% this year, and he is unable to “sell additional rooms to make up the difference” as are the motels. The Solicitor responded that, even if the Assessor wanted to do so, it is illegal for him to take “income” into consideration when establishing assessments. Mr. Johnstone added that over the past few years the residents knew “something was coming”; that we need to hold the line as far as building in Wildwood Crest.

Clayton Smith asked for confirmation that the 2003 Municipal Budget showed a 3% increase over 2002. The Clerk responded in the affirmative. Mr. Clayton went on to state that the current tax rate is $1.59 and the previous rate was $1.01. He stated that his assessed value increased approximately 100%, the tax rate decreased approximately 50% and he wanted to know why his tax bill shows a 100% increase. Mr. Pantalone responded that he should make an appointment to see the Assessor. Mr. Tomlin interjected that the $1.59 is only the “local purpose tax” and that there are other entities involved such as the County and school taxes.

Ron Sinn stated that Wildwood Crest “gives free dumpster service” while other communities require businesses to hire private contractors. He inquired if the Board of Commissioners have ever considered the “extra cost involved” in providing this service. He went on to state that the Mayor had previously indicated that the reason the Borough provides this service is because the motels “already pay enough in taxes.” Mr. Sinn then stated that now that the motels’ taxes have decreased, the Borough should not be giving them this “free service.” Mr. Pantalone responded that everyone gets trash service, motels and residential. He added that some of the motels have private contractors to pick up trash and the Borough provides trash collection three times per week during the summer. Mr. Sinn inquired if the Borough has ever made a study of how much this service costs. Mr. Pantalone responded that figures are available as to how much the trash department costs the Borough. Mr. Cabrera interjected that he has looked at the situation in terms of privatizing trash collection for commercial properties. He went on to state that there are several factors to be considered, including regulating of trash and litter, and it is more manageable for the Borough to do the collecting “in-house.” Mr. Sinn interjected that Wildwood Crest is the only community to provide trash collection for commercial properties.

Mr. Sinn addressed the issue of disabled parking at restaurants in Wildwood Crest, stating that many of them have none. He urged the Board of Commissioners to work with the business community to bring those properties into ADA compliance.

Mr. Sinn went on to address a matter of development in Wildwood Crest and the possibility that Mr. Pantalone’s company may be selling real estate in that regard. Mr. Pantalone interjected that this matter had been gone over many times in the past, and that Mr. Sinn had thirty seconds to complete his discussion. Mr. Sinn responded that he had contacted the Department of Community Affairs in Trenton to advise them that there is a possible ethics problem, and that Mr. Pantalone should, in the future, abstain from voting on any such projects that come before the Planning and Zoning Boards. Mr. Pantalone responded that he does abstain when anything ever involves his company, and that has been his policy over the years.

The Clerk stated that a public hearing had been scheduled with regard to the continuation of the many ADA compliant walkways and ramps in conjunction with the Small Cities Community Development Block Grant Program as advertised in the July 2, 2003 edition of the Gazette-Leader newspaper.

Mr. Tomlin interjected that, prior to the public hearing on the Small Cities Community Development Block Grant Program, he wanted to thank the Tax Assessor for his professional answers to the questions raised during the public comments portion of the meeting. Mr. Pantalone concurred. The Assessor reiterated that he would be happy to meet with any resident who had questions with regard to their individual assessments.

The Clerk again stated that the public was welcome to stay for the public hearing on the Borough’s application for the ramps and walkways.

Mark Blauer, the Borough’s grant writer with regard to this grant application, indicated that an application had been made for State grant funds to continue the Borough’s project of installing handicap accessible walkways and ramps at 23 of the 42 street-ends in the Borough. He went on to state that, if the Borough is able to complete the project, Wildwood Crest would be the first shore community in New Jersey to have every street-end with handicap access. Mr. Blauer explained that the process requires that an application be submitted before September 5^th, that the Borough can apply once per year. The application asks for $100,000 for materials to construct the ramps. Although there is a local match required, the Borough will be able to provide that match by utilizing in-house staff to do the actual work. Mr. Blauer explained that the requirements for the application were:  to be an eligible community and Wildwood Crest is; the project must primarily benefit low or moderate income people and this project does. The funds are provided by HUD in Trenton. Mr. Blauer concluded by saying that the Borough will be notified in November, 2003 if the funds will be provided, and, if so, construction will commence in the Spring of 2004. He asked if there were any public comments regarding the application and proposed project. He was asked if the $100,000 would be applicable to materials only, or to materials and construction costs. Mr. Blauer responded that it is for materials, and includes $4,000 for administrative costs. It does not include labor. The labor would be the Borough’s contribution or “local match” and that there will be no local cash match.

Jim Loftus, 8907 New Jersey Avenue, inquired if the project would provide for the walkways out to the water. Mr. Blauer responded that it would include the ramps and walkways.

An unidentified person stated that it is a very good idea because the Borough’s beaches are so large and it makes it more convenient for families with small children and strollers.

Ron Sinn commented that the problem he sees with the ramps and walks is that there are no disabled parking places near those ramps. Mr. Blauer responded that, although it is impossible to make everything perfect does not mean the Borough should not make the effort to install the ramps and walkways.

Louise Johnstone interjected that the meters in Wildwood Crest are free to anyone with a handicapped license plate, and she does not see the lack of handicapped parking as a problem to installing the ramps. Mr. Pantalone interjected that parking is not part of the grant application. Mr. Blauer concurred.

The question was asked if eventually all of the streets will have ramps. Mr. Cabrera responded that north of Rambler Road there are no bulkheads so there will be no ramps on those streets, only the walkways. Rambler Road and south will have the ramps and walkways eventually.

Another unidentified member of the public inquired who would be performing maintenance of the walkways. Mr. Cabrera responded that public works employees perform that task.

An unidentified person asked what the walkways are made of. Mr. Cabrera responded that they are constructed of pressure treated wood; that both cedar and Trec had been attempted and it was found that they were too costly.

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

Vote:           Cabrera-Tomlin-Pantalone-Yes

Dated:  August 27, 2003                                   

Kevin M. Yecco, Borough Clerk