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Minutes of Commissioners Meeting - May 25, 2005
Prior
to the commencement of the regular meeting of the Board of Commissioners, the
Commissioners welcomed the “Junior Officials” from 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, Cabrera – Gould – 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 December 6, 2004. Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency. THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY: ORDINANCE NO. 976 AN ORDINANCE REVISING AND AUGMENTING CHAPTER 47, PARKING METERS, SECTION 2, ZONES ESTABLISHED, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, BY ADDING THERETO ONE (1) ADDITIONAL PARKING METER ZONE Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 976 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 15, 2005 at 9:30 a.m. Vote: Cabrera-Gould-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 09-05 (Authorizing appointment of Joyce P. Gould as the governing body representative to the Joint Construction Office of the Wildwoods) Vote: Cabrera-Gould-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 10-05 (Authorizing appointment of Carl H. Groon as the Class I Member of the Wildwood Crest Planning Board) Vote: Cabrera-Gould-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 11-05 (Authorizing appointment of Joyce P. Gould as the Class III Member of the Wildwood Crest Planning Board) Mr. Cabrera motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted. Vote: Cabrera-Gould-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 12-05 (Authorizing advertisement of Notice to Bidders for Street Excavations Trench Restoration) Mr. Cabrera motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted. Vote: Cabrera-Gould-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 13-05 (Authorizing the Borough Clerk to issue a Special Events Permit to the Wildwood Civic Club for a Dog Show to be held on June 23, 2005 between the hours of 9:00 a.m. to 12:00 p.m.) Mr. Cabrera motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted. Vote: Cabrera-Gould-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 14-05 (Authorizing designation of the Commissioner of Revenue & Finance and the CFO as the Borough representatives for quarterly meetings with officials of the Wildwood Water Utility) Mr. Groon motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Cabrera-Gould-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 15-05 (Authorizing appointment of Joyce P. Gould as the elected official of the Borough to serve on the Urban Enterprise Zone Board of Directors) Mr. Cabrera motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted. Vote: Cabrera-Gould-Groon Mr. Cabrera motioned, seconded by Mrs. Gould, that all bills properly authorized, as submitted and which appear in full hereinbelow, be paid. Vote: Cabrera-Gould-Groon-Yes Mr. Groon 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 April 30, 2005 be approved as presented. Vote: Cabrera-Gould-Groon-Yes THE CLERK READ IN FULL ALL REPORTS RECEIVED AS AFORESAID. Mr. Cabrera motioned, seconded by Mrs. Gould, that the minutes of meetings held April 20 and May 4, 2005, as well as the Special Meeting of April 28, 2005 and the May 17, 2005 re-organization meeting, be approved. Vote: Cabrera-Gould-Groon-Yes A discussion was had with regard to recent legislation amending the Tourism Development Fee and specifically amending the definition of “tourism lodging.” The Clerk inquired of the Board of Commissioners as to whether it was their desire that the Borough Clerk’s Office provide the second billing for the tourism development fee as necessitated by the amended legislation, or to have GWTIDA do the second billing. The Clerk added that it may be necessary for the Borough to adopt an ordinance amending the Tourism Development Fee ordinance presently in effect. The Solicitor interjected that all three municipalities must mutually adopt amending ordinances and billing procedures. Mr. Cabrera stated that, since the legislation was made retroactive to July 1, 2004, it was his opinion that the Borough should do the billing because the Borough would have better control. The Clerk stated that the concern is with the “retroactive application” of the fee back to 2004 since both 2004 and 2005 billing periods have “come and gone” and the recently received legislation would necessitate “double bills.” The CFO interjected that this legislation “is nothing but an expense to the municipality,” since the Borough is “just a conduit to get the money to GWTIDA” and none of the monies generated by a second billing would be retained by the Borough. Mr. Groon inquired of the Solicitor as to whether the Borough is obligated under the legislation to do the retroactive billing. Ms. Corino responded that the statute does not make a distinction, and in her opinion the Borough is not obligated to do a billing but, rather, to “collect.” The CFO interjected that the billing would impact those who have never been billed before and consequently there will be “nothing but negative feedback.” The CFO added that it was his opinion that the legislation is “permissive” and not “mandated.” The Solicitor inquired if the other municipalities had acted on the new legislation. The Clerk responded that he did not know and that he would check with those municipalities. The Clerk added, however, that GWTIDA has done the billing for both Wildwood and North Wildwood for 2004 and 2005. Mr. Groon inquired if the statute requires GWTIDA to do the billing for Wildwood and North Wildwood, or is that a decision of the municipality? The Clerk responded that the statute does not require it, and that the Borough does the billing because there was an enforcement issue since GWTIDA does not have statutory authority to enforce the provisions of the law, i.e., collect the fees in court. He added that the legislation constantly refers to “municipality” and there is no provisions for “or agent” in the relevant portions of the law. Mr. Groon stated his understanding that the statute requires the municipality to do the billing. The Clerk responded that that is the Borough’s interpretation of the legislation. The Solicitor interjected that the Commissioners should consider the fact that, should the Borough bill for the 2004 and 2005 tourism fees, the Borough would have no power to enforce a non-payment of the fee because the Borough’s enforcement authority rests with the mercantile license and not the tourism development fee. Mr. Groon inquired if the legislation provides that the fee is retroactive. The Clerk responded in the affirmative, adding that a copy of the legislation was provided to the Commissioners on May 19, 2005. Mr. Groon clarified his question, questioning if “prior to that” the fees were required. The Clerk responded “no,” stating that the most recent legislation provided for a “retroactive” fee to July 1, 2004 and notice of that legislation was provided to the Borough on May 6, 2005. Mr. Cabrera inquired of the CFO what the projected revenue would be from a retroactive billing. The CFO responded “I would have no idea” since that information would be in the Borough Clerk’s Office. The Clerk interjected that it will be necessary for his office to determine what properties would be affected by this new legislation and bill accordingly. Mr. Groon inquired if the figure would be the same for 2005 as for 2004. The Clerk responded that he did not think so since there has been “considerably more development”. Mr. Groon then inquired if the 2005 billing had been sent out. The Clerk responded that the bills were mailed in early April, 2005 and that a “great deal” of those bills have already been paid. Mr. Cabrera inquired if there was “a sense of urgency” to make a decision on this matter. The Clerk responded, “I don’t necessarily think it needs to be tonight,” but that there was a concern that any action will need to be taken quickly and prior to the end of the summer season from a collection/enforcement standpoint. Mr. Groon inquired if a closer look could be taken at the statute, since his understanding was that the Borough is obligated to collect the fees. Mr. Groon added that he saw no rush in collecting the 2004 fees. Mrs. Gould agreed. Mr. Cabrera interjected, “I don’t see the sense to make a decision tonight.” Mr. Groon also suggested that the Borough appoint a representative from within the administration to “talk to GWTIDA.” The Clerk interjected that he has spoken with GWTIDA representatives on numerous occasions. Mr. Groon inquired if it was agreed that the Clerk should follow up with GWTIDA. Mrs. Gould responded in the affirmative. Mr. Cabrera inquired if the Borough “would be out of line to request reimbursement for the mailing and postage” that the Borough will be required to expend. Mr. Groon responded that that decision will be made after a determination is made as to who will be doing the billing. Mrs. Gould stated, “we can ask.” A discussion was then had regarding an independent appraisal on the Philip Baker House. The Clerk reported that “this is the last piece of the puzzle” to finalize an application to be filed through the Open Space Preservation Trust Fund. Mrs. Gould inquired if funds are available to have an appraisal of the property completed. The CFO responded that there is a line item that can be charged and he is told that there is an approximate cost of $2,500.00. Mrs. Gould inquired if the Borough has a specific person in mind. The CFO responded that his question to the Solicitor is whether it would be permissible to have only one appraisal done, or would the Borough be required to provide three appraisals. The Solicitor responded that she could not answer that question because it was her understanding from the last discussion of the matter that the current owner of the property was going to obtain the independent appraisal and that the Borough would not have to have that obligation. The Solicitor added that she was not aware of who provided the estimate of $2,500.00 but it was her opinion that if it is an MAI appraiser, the figure seems low. Mrs. Gould interjected her opinion that the Borough should utilize an MAI appraiser, adding “if we are going to do this, we should do it right.” The CFO stated, “if we are selling and someone else is buying, it has always been [his] understanding that … it takes three appraisals.” The Clerk indicated that the matter has been discussed and the process commenced in January, 2005. Mr. Cabrera inquired as to what line item the fee for the appraisal would be taken. The CFO responded it would be charged to the Engineer. Mr. Cabrera interjected that if the Borough is serious about purchasing the property, and an appraisal would be the next step, a decision needs to be made to go forward with the appraisal. It was Mr. Cabrera’s opinion that the Borough should “go forward.” Mrs. Gould agreed. Mr. Groon inquired, “what do we need to do to make this work?” The Clerk responded that there should be “an attempt to reach out to MAI qualified appraisers to provide a letter of interest with a not to exceed amount, completion date, etc. and to thereafter approve with a professional services contract.” Mr. Groon inquired if the Borough needs to get three names and prices. Mrs. Gould stated that all of the attorneys in the area have names of appraisers and asked if the Solicitor could call the current owner to determine if she had obtained an appraisal. The Solicitor responded that the owner is currently out of state and did not know when she would return. Mr. Groon interjected that it is the intent of the Commissioners to move forward, and that whatever is needed for the next meeting, “let’s make it happen.” Mr. Cabrera reminded those present that the decision to invest $2,500 is heavily reliant upon completion of the project to get the dollars required to purchase the building. The Clerk added that it is important to remember that if three appraisals are required, that number will be closer to $8,000 or $9,000. Mr. Groon interjected his opinion that only one is necessary. The CFO stated, “we do not have enough for three.” Mr. Groon clarified that several appraisers should be called to obtain quotes for doing the appraisal, but only one appraisal would be necessary. Mrs. Gould urged those present to remember that the Borough’s centennial is only five years away in 2010, and “it would be nice” if some of the older buildings are still here at that time. The next matter for discussion regarded a “policy determination” as to public donations or contributions for public purposes. The Clerk reported that the Commissioners have been provided with a “DLGS budget statement” with respect to that not being a permitted activity, but that it has been occurring and there is no clear-cut policy in the Borough in that regard. He requested direction from the Commissioners as to their wishes with regard to the matter, adding that an ordinance would be required. Mr. Groon indicated that he had asked that the matter be put on the agenda since he had received a couple of requests in recent days and he “felt very uncomfortable” with spending taxpayer money without having a set policy. The Solicitor was asked if such a policy would be permissible. The Solicitor responded that she will research the matter. Mrs. Gould interjected that the Commissioners “are the community” and are the ones people call for assistance. It was Mrs. Gould’s opinion that the Borough should make contributions. Mrs. Gould then asked the CFO if he could estimate how much the Borough spends per year on these types of contributions. The CFO responded that the Borough has made every attempt to keep the number at zero since it is clear that the regulation states, “unless the specific entity is listed in the statute” the Borough is prohibited from making a contribution. The CFO agreed with Mrs. Gould that the amount of money would not be “hundreds of thousands of dollars,” but there would be no end to the line once it starts. Mrs. Gould reiterated her opinion that it is important to help the community. Mr. Cabrera interjected that the regulation does permit certain organizations to receive assistance from the municipality, and he requested a list of those organizations. Mr. Cabrera added that there are many children in Wildwood Crest who play sports, and that the Borough can either make contributions to the “Greater Wildwood” organizations, or create its own at considerably more expense. The CFO interjected that there is no accounting of that money, i.e., the organization receives funds from the Borough but the Borough does not receive an accounting of where those funds are spent. He went on to add that the regulation is very specific that an accounting must be received by the Borough. Mr. Groon suggested that the Commissioners be provided with a list of what the State considers aid, what organizations are on the list, then discuss the matter at a future meeting. The Clerk interjected that the regulation provides that the Solicitor should be consulted in the matter. Mrs. Gould stated that it should be remembered that they can be either Borough sponsored events or events that benefit the Borough. Mr. Groon indicated that his concern is “where do you draw the line?” A
discussion was then had regarding the Eustace Mita Project in the Finally, a discussion was had with regard to Planning Board and Zoning Board matters. Mrs. Gould reported that she and Mr. Groon had met separately with the Planners in order to be brought current with the status of the Master Plan revisions and to offer their thoughts and concerns. Alan
Seyhaus, Mr. Seyhaus indicated that the sidewalks still have to be installed, and asked if perhaps the Borough had taken on a larger project than it should have. Mr. Cabrera responded that the Borough is in Phase II of the Street Reconstruction Project from a federal grant program, and that grant provided for reconstruction of twelve streets and only eight are being done at the present time. The remaining four streets are in the northern end of town. George
Litella, Madelyn
Calloway, Mrs. Calloway inquired if the street reconstruction will continue “all summer long.” Mr. Cabrera responded that the construction should be concluded by the second week of June, and no construction will be commenced again until the fall or winter. Gregory
Borris, a resident of the Diamond View Condominiums in Jeff Ziccardi, 314 East Jefferson, agreed with Mr. Borris, adding that he appreciates the actions taken by the Borough of Wildwood Crest, and urged that a formal resolution be sent to CAFRA. Kathy
Popper, 311 East Jefferson, added her support to Mr. Borris and Mr. Ziccardi,
indicating that the Borough should join with the residents of Tina
Ziccardi, 314 East Jefferson, commented that the An
unidentified member of the audience commented on the increased density that
would occur with the completion of the proposed project. He indicated that
presently there are approximately 200 sleeping rooms, and the proposed project
would provide for over 300 bedrooms. That would increase water and sewage
costs for “the island” and not impact An unidentified member of the audience spoke on the preservation of the DooWop structures in Wildwood Crest and the proposed Master Plan revisions. It was his opinion that it is too late for the older buildings, and urged that “smart growth” would be the ideal. Alan
Gould, Mr.
Gould stated “it’s an excellent idea” to draft a resolution opposing the
Mita project. He inquired if the Solicitor was aware of any “studies” done
with regard to the project. She responded that the applicant had indicated at
one of the hearings she had attended that studies had been done, and it was
her opinion that they could not have gotten this far without professional
reports and studies. Mr. Gould stated “at some point we would have a right
to take a look it.” The
Solicitor continued by saying that at one of the hearings there was a fire
expert who indicated that a fire report had been done. The report was not made
available. Additionally, a member of Joe Lloyd congratulated the three Commissioners on their ability to work together, and wished them good luck in the next four years. Madelyn Calloway inquired if there would be a way to post the street cleaning schedule on the streets. Mr. Cabrera responded that the Borough has an ordinance designating the street cleaning schedule. He went on to state that it is difficult for the Public Works Department to follow that schedule because of the tourism nature of the town. An unidentified female member of the audience inquired if it would be possible to have a parking meter in front of her business removed and replaced with a “twenty minute parking” sign. Mr. Groon advised her to speak to the police department about her request. Mrs. Gould interjected that it is difficult to remove meters because it involves amending of ordinances. Mr. Groon indicated that he would research the matter. Mr. Litella inquired if contractors are permitted to work seven days per week on a construction project. The Clerk responded that they are not. Mr. Litella indicated there is a construction project near his home where they are working seven days per week. The Clerk amended his answer to indicate that it is permitted until the Friday before Memorial Day, adding that the hours will be 8:30 a.m. to 6:00 p.m. during approved days of the week. A closed session was next authorized to be held, the purposes for which are approved by the provisions of the Open Public Meeting Act, specifically potential litigation: Cresse Avenue Sewer Billing; Negotiations: GWTIDA billing charges; Personnel: Planning Board Class II Member, Zoning Officer. There being no further comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 16-05 (Closed session: negotiation [GWTIDA billings and collections]; personnel [Grants
Coordinator]; and potential litigation [ Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Cabrera-Gould-Groon-Yes Upon returning from closed session, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 17-05 (Authorizing appointment of Michael Preston as the Class II Member of the Wildwood Crest Planning Board) Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted. Vote: Cabrera-Gould-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 18-05 (Opposing a CAFRA application by Achristavest, LLC c/o Eustace Mita in
the Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Cabrera-Gould-Groon-Yes There being no further comments or discussion, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned. Vote: Cabrera-Gould-Groon-Yes Kevin M. Yecco, Borough Clerk |
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