Minutes of Commissioners Meeting   -   September 28, 2005

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 7:99 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 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. 982

AN ORDINANCE TO CONTINUE LEASING OF MUNICIPAL REAL

PROPERTY OF THE BOROUGH OF WILDWOOD CREST TO THE

WILDWOOD CREST HISTORICAL SOCIETY, A DULY

INCORPORATED HISTORICAL SOCIETY

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 982 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 12, 2005 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 100-05

(Authorizing a refund in the amount of $3,205 to Garden State Dredging,

Inc. in conjunction with a street opening permit fee payment for the

property situated at 5909 Atlantic Avenue )

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

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 101-05

(Authorizing release and return of the performance guaranty in the amount

of $20,000 to Mitchell Nichols Enterprises, Inc. in conjunction with a street

opening permit at properties known as 216-18-22-24-28-30-34-36 East Denver Avenue )

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. 102-05

(Authorizing release and return of the performance guaranty in the amount of

$2,000 to CaMaCo, Inc. in conjunction with a street opening permit at property

known as 216 East Preston Avenue )

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. 103-05

(Authorizing the Borough to file an Open Space Preservation Trust Fund

Application for the acquisition of property situated at Block 26.01, Lots

10, 11, 12, 13 a/k/a 5911 Pacific Avenue [Philip Baker House])

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

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 104-05

(Authorizing correction to Borough Resolution No. 95-05, specifically to

cancel a duplicate refund for a tax and/or sewer overpayment)

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

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 105-05

(Authorizing an emergency appropriation in the amount of $20,000 for

the purchase of petroleum products)

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

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that all bills properly authorized, as submitted, be paid.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held August 24 and August 30, 2005, as well as the closed session minutes of August 24, 2005, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that all reports received from the Court Administrator, Tax Collector, and Chief of Police, be read and filed, and that the detailed financial report as submitted by the Chief Financial Officer on August 31, 2005 be accepted as presented.

Vote:          Gould-Cabrera-Groon-Yes

Ken Hand, 7312 Pacific Avenue , commented on the noise from the motorcycles during the previous weekend. He stated that he was kept awake three nights in a row, and asked that “something be done about it.” He suggested a curfew in conjunction with the noise ordinance. Mr. Groon thanked Mr. Hand for his comments, adding that it is a difficult issue. Mr. Groon went on to state that there have been discussions with the Chief of Police about ways to control the situation, but stressed that it is a Wildwood event, and not sponsored by Wildwood Crest.

Tony Eisle, 118 West Cresse Avenue , thanked the Borough on behalf of the Beautification Committee for the cooperation provided in the construction of the “arch” on the bike path.

Barbara Stoltz, 106 West Rosemary Road , complained about the quality of drinking water as contained in the annual report. She reported that she has talked to representatives of the Wildwood Water Utility to inquire as to the location of the “16 wells” as indicated in the report. She was advised of the locations of 15 of the wells, but they were unaware of the location of the sixteenth well. She also commented on the methods utilized for testing of the wells. She requested that the Board of Commissioners participate in correcting the water situation in order that the residents “can drink clean water.” Mr. Groon inquired if Ms. Stoltz has contacted the Department of Environmental Protection with her complaints. She responded that she has. She added that there will be a hearing on January 19, 2006, at 1:30 p.m. in a Superior Court matter brought by the DEP regarding water quality, and she urged the Board of Commissioners to see that a representative of Wildwood Crest is present at that hearing. Mrs. Gould inquired of the Chief Financial Officer as to how often the Wildwood Water Utility representative is available. The CFO responded that he is available every Friday at the Pine Avenue office. Mrs. Gould suggested that Ms. Stoltz arrange to meet with Mr. Ziegler of the Wildwood Water Utility to discuss her concerns. Mrs. Gould asked Ms. Stoltz to keep the Board of Commissioners apprised of the situation. Mr. Cabrera interjected that the Borough Engineer is also reviewing the reports previously produced by Ms. Stoltz, and Mr. Cabrera will bring the latest situation to the Engineer’s attention.

Bob Young, 207 Louisville Avenue , commented on the Borough’s plans for additional street reconstruction. It was his opinion that a “comprehensive plan” should be made with regard to truck routes prior to any additional reconstruction, since “monstrous trucks” being utilized in the construction boom are using the Borough’s streets. Mr. Groon responded that he and the Chief of Police will be meeting in the near future to attempt to formulate a plan for truck routes.

Mr. Young then suggested that “it might be time for the Borough to re-look at beach fees” in time that the monies “can be involved in the budget” should the matter pass a referendum. Mr. Groon thanked Mr. Young for his comments.

Meg Timer, 210 East Washington Avenue , raised her concerns regarding reconstruction of the streets and the impact on the new streets from the development taking place in the Borough. She inquired if the contractors are required to pay for any damage caused to the Borough’s streets by their heavy equipment. The Clerk responded that the Borough is working to revise the street excavation ordinance. Mr. Cabrera interjected that what Ms. Timer is suggesting “would be an impact fee” and that is not permissible by law. Mr. Groon stated that the short answer to her question would be “no.” Ms. Timer inquired if it would be possible to impose such a fee. Mr. Groon responded that he did not have an answer to that question, adding that there are certain restrictions and it may be considered an impact fee. Ms. Timer questioned whether a “usage fee over a certain tonnage” could be implemented similar to those restrictions placed on tonnage over certain bridges. Mr. Groon responded that the State has restrictions on weight, but if a truck is within the weight limitations and classifications, they would probably be legal on any street in New Jersey . 

Ms. Timer then reiterated Mr. Young’s suggestion of a “comprehensive plan” for truck routes prior to the reconstruction of any additional streets. Mr. Cabrera responded that the plan in place by the Borough is based on an engineering study in conjunction with public works and the sewer department to determine which sewer lines are in need of replacement, as well as the conditions of the street surfaces and the curbs. The list of street reconstruction was developed with those three criteria in mind. Mr. Cabrera also indicated that there is a five year moratorium on any street excavations on any newly reconstructed streets.

Mrs. Gould reported to those present that Sharon Pullman, Deputy Tax Collector, will be leaving the Borough on Friday, September 30, 2005. Ms. Pullman has been an employee of the Borough for over 27 years, and will be retiring. Ms. Gould asked those present to stop in Borough Hall to wish Ms. Pullman well in her retirement.

Ms. Timer also complimented the Board of Commissioners on the professional conduct of their meetings. However, she related her distress at a recent Planning Board meeting where the Master Planners were present. She indicated that at that meeting one of the members of the Planning Board stated his opinion that the Master Planners had “turned a deaf ear” and was “publicly chastising the Master Planners” for their conduct. Mr. Groon responded that Ms. Timer would have to address her comments to the particular Planning Board member, adding that it was his opinion that there has been good cooperation between the Planners and the Planning Board.

Tony Eisle then commented on the condition of the sidewalks during construction as being unsafe, and asked if the contractors could be encouraged to make the sidewalks usable during the construction period. Mr. Groon responded that the Borough is in the midst of some changes in planning, zoning and code enforcement, and one of the matters to be addressed by code enforcement is how to deal with some of the construction issues.

Ken Hand also commented on blowing sand from construction sites and asked if there is a requirement hat the sand be “covered up” during construction. Mr. Groon responded that he did not have an answer to that question and referred Mr. Hand to the Construction Official, as well as the Borough’s Land Use secretary.

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 106-05

(Closed session – potential litigation and personnel matters)

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

Vote:          Gould-Cabrera-Groon-Yes

Upon returning from closed session, the Clerk reported to those present that the closed session discussions resulted in the following actions being taken:

With regard to the Cresse Avenue sewer billing, the CFO has been authorized discuss a proposal with the City of Wildwood representatives.

With regard to the Lower Township matters, including mutual aid services, those discussions have been placed on hold for an additional thirty-day period, during which time decisions should be forthcoming from the Lower Township officials.

With regard to the personnel matter, the initial contract with the Public Safety Telecommunicators for the period January 1, 2005 through December 31, 2010, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 107-05

(Authorizing approval and execution of an agreement between Wildwood Crest

Police Public Safety Telecommunicators and the Borough of Wildwood Crest)

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

Mr. Cabrera left the meeting at 7:46 p.m. due to another speaking engagement.

There being no further comments, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

Dated:        October 26, 2005

Kevin M. Yecco, Borough Clerk

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