Minutes of Commissioners Meeting   -   March 21, 2007

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 same to the Gazette-Leader and The Press on November 9, 2006.

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

The Clerk indicated for those present that the ordinances would be considered in the following order: 1028, 1031, 1032, 1033, 1034, followed by 1029 and 1030. He explained that Ordinances 1029 and 1030 were scheduled for introduction.

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1028 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. 1028

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 35, FIRE PREVENTION, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, ARTICLE I, STANDARDS, SECTION 35-5 VIOLATIONS AND PENALTIES; ARTICLE II, SMOKE DETECTORS, SECTION 35-7 PREMISES WHERE REQUIRED, SECTION 35-9, INSTALLATION REQUIREMENTS, INSERTING NEW SECTION 35-10 CERTIFICATE OF SMOKE DETECTOR AND CARBON MONOXIDE ALARM COMPLIANCE; ARTICLE III, ADMINISTRATION, SECTION 35-18 ADDITIONAL REQUIRED INSPECTIONS AND FEES, SECTION 35-19 PERMITS, RENUMBERING REMAINING SECTIONS IN NUMERICAL SEQUENCE IN ACCORDANCE THEREWITH AND AMENDING ORDINANCE NO. 532 ADOPTED OCTOBER 3, 1978, ORDINANCE NO. 557 ADOPTED SEPTEMBER 10, 1980, ORDINANCE NO. 923 ADOPTED JANUARY 28, 2003, ORDINANCE NO. 931 ADOPTED MARCH 26, 2003, AND ORDINANCE NO. 996 ADOPTED FEBRUARY 22, 2006

Mr. Groon motioned, seconded by Mrs. Gould, that a public hearing be held on Ordinance No. 1028.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1028 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1028 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1031 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. 1031

AN ORDINANCE CREATING CHAPTER 49, PET WASTE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY , STATE OF NEW JERSEY

Mr. Cabrera motioned, seconded by Mrs. Gould, that a public hearing be held on Ordinance No. 1031.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mr. Cabrera motioned, seconded by Mrs. Gould, that the public hearing on Ordinance No. 1031 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1031 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. 1032 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. 1032

ORDINANCE TO ESTABLISH CAP BANK FOR CY2007 PURSUANT TO N.J.S.A. 40A:4-45.14

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1032

Vote:          Gould-Cabrera-Groon-Yes

Bob Young, 207 East Louisville Avenue , inquired if the pending ordinance referred to the 3.5%. Mrs. Gould responded in the affirmative. Mr. Young then inquired if the Commissioners were intending to increase the CAP from 2.5% to 3.5%. He added that 2.5% equated to approximately $250,000, and the 3.5% would take it up to approximately $300,000. Mr. Young asked how much the budget in total had increased. The CFO responded that it would increase approximately $400,000 to $500,000. The CFO added that the pending ordinance permits a CAP bank of 1.0% for use in future years but that it did not include the additional spending from 2.5 to 3.5%.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1032 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1032 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1032 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. 1033

AN ORDINANCE TO AMEND CHAPTER 22 – CONSTRUCTION OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, SECTION 22-1 AND SECTION 22-2, AND AMENDING ORDINANCE NO. 847 ADOPTED ON JULY 26, 2000

Mr. Groon motioned, seconded by Mrs. Gould, that a public hearing be held on Ordinance No. 1033.

Vote:          Gould-Cabrera-Groon-Yes

Robert Young, 207 East Louisville Avenue , stated that he was not sure he was in favor of the changes being made with the construction office. He inquired if the “sequence of events” for permit applications will still include seeing the Zoning Officer first to obtain zoning approval. Mr. Groon and the Clerk both responded in the affirmative.

Mr. Young then inquired as to the qualifications of the Borough’s new Zoning Officer. Mr. Groon responded that he has experience and was the former zoning officer in North Wildwood.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1033 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1033 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1034 be placed on second reading and final passage by title only.

Vote:          Gould-No                                                Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1034

BOND ORDINANCE APPROPRIATING $2,612,000, AND AUTHORIZING THE ISSUANCE OF $2,487,300 BONDS OR NOTES OF THE BOROUGH, FOR THE VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1034.

Vote:          Gould-Cabrera-Groon-Yes

George Martin, 212 East Denver Avenue , stated his opinion that “it is very ridiculous” to spend this kind of money on something (the pier) that cannot be used. He went on to state that the pier could be extended 150 to 200 feet, and there still would not be enough pier to fish. It was his opinion that the pier should be torn down. Mr. Cabrera responded that the cost to tear down the pier would be $300,000. Mr. Martin stated that the $300,000 would be the only cost involved. Mr. Cabrera asked Mr. Martin his opinion of the Von Savage Memorial Pool. Mr. Martin responded that he did not have a problem with that facility. Mr. Cabrera stated that the pier would be the same concept, with recreational amenities around town. Mr. Martin reiterated his opinion that the pier is not needed. Mr. Cabrera went on to state that the pier is specifically and primarily for those with disabilities, and that is how the Borough obtained the grant funds. He added that people with disabilities will have access directly from the bike path to the pier. Mr. Cabrera went on to state that if Mr. Martin were to stand on the end of the pier and look north, south, east and west he will see an opportunity that will never be able to be retrieved if the pier is demolished because the State of New Jersey has “over regulated” any activity on the beach. Mr. Martin asked what he would have to do to stop the Commissioners from continuing the rehabilitation of the pier. Mr. Groon interjected that Mr. Martin was welcome to stop into the Clerk’s office to obtain the information to commence a referendum on the bond ordinance.

Mr. Cabrera advised Mr. Martin that the recreation department and the public works department would be maintaining the pier. He added that the pier would be a revenue producing facility for the Borough. Mr. Martin disagreed.

Robert Young, 207 East Louisville Avenue , concurred with Mr. Martin and expressed his opposition to the renovation of the fishing pier. Mr. Young added that Wildwood Crest has the most beautiful beach and bay area in New Jersey , and perhaps on the east coast, and all of the projects being undertaken should be stopped.

Mrs. Gould agreed with Mr. Young’s assessment. She added that she realized there is a lot of sentiment connected with the pier and once it is gone it cannot be replaced. However, it was her opinion that if the pier is renovated, “it will become the best skateboard ramp anybody has ever seen.” She went on to state that she would much rather see the $400,000 go toward something like the Philip Baker House to preserve the Borough’s history.

Mr. Groon stated that he is going to support the ordinance because of the other items contained in the ordinance. He added that he also supports maintaining and keeping the pier since the Borough has received a $400,000 grant from the State of New Jersey . Since it would be a matter of spending $300,000 to tear it down, or $350,000 to renovate it for the next generation, he was going to let the next generation make the decision on the fate of the pier beyond this initial amount.

Mr. Martin inquired what the Borough would do if the pier were to be destroyed by a hurricane. Mr. Groon responded that he could not speak for future administrations. Mr. Groon added that the Borough refused a grant within the past six months from the State of New Jersey in the approximate amount of $250,000, that being the grant for the extension of the bike path. He stated that if the Borough should once again refuse the $400,000 grant from the State, it is highly unlikely that the Borough will receive any more grants within the next four or five years.

Mr. Martin inquired as to how he could get the ordinance tabled so that it would not be adopted at this meeting. Mr. Groon responded, “we have to vote – that’s the next step in the process.” The Clerk advised Mr. Martin that he would be happy to go over the procedures for a voter referendum in his office after the meeting.

Mr. Groon added that the bond ordinance is simply “enabling legislation” and no steps have been taken to doing any work on the pier.

Mr. Martin inquired if the $400,000 can be utilized elsewhere if the Borough decides to not go forward with the pier project. Mr. Cabrera responded that the funds cannot be used elsewhere, since the State of New Jersey gave the money specifically for the purpose of rehabilitating the pier.

Mr. Young commented with regard to Mr. Groon’s statement that the pending ordinance was simply enabling legislation, and inquired if there would be a future opportunity for public input if the governing body decides to go forward with the project. Mr. Groon responded that the next step in the process would be to put the project out to bid. The Clerk interjected that it was his understanding that all that would be needed after the funding is in place would be resolutions, which would not require public input. Mr. Cabrera added that the Borough is still researching additional opportunities for more funding of the project.

There being no further public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1034 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1034 be passed on second and final reading and advertised according to law.

Vote:          Gould-No                                                Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1029

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST – CHAPTER 85 – ARTICLE II – SECTION 85-11 – DEFINITIONS, AND ARTICLE XI – M1A, M2B, M1C – HOTEL/MOTEL AND MULTI-FAMILY ZONE – SECTION 85-87 – PERMITTED USES – OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE N0. 983 ADOPTED OCTOBER 26, 2005 AND ORDINANCE NO. 1013 ADOPTED JULY 12, 2006

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1029 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 4, 2007 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1030

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST – CHAPTER 85 – ARTICLE IV – R1 LOW DENSITY RESIDENTIAL – SECTION 85-28 – AREA AND BULK REGULATIONS – ARTICLE V – R1A SEMI-LOW DENSITY RESIDENTIAL – SECTION 85-32 AREA AND BULK REGULATIONS, SUBSECTION L – ARTICLE VII – TWO-FAMILY RESIDENTIAL ZONE – SECTION 85-40 – AREA AND BULK REGULATIONS, SUBSECTION J – ARTICLE XIV – EXCEPTIONS AND SUPPLEMENTAL REQUIREMENTS TO BULK AND AREA REQUIREMENTS – SECTION 85-69 – LANDSCAPING IN ALL ZONES – SECTION 85-73(E AND F) – EXCEPTIONS AND SUPPLEMENTAL REQUIREMENTS TO BULK AND AREA REGULATIONS – AND SECTION 85-89 – PARKING, LOADING, STORAGE AND RECYCLING REQUIREMENTS – SUBSECTION D, AND AMENDING ORDINANCE NO. 977 ADOPTED JUNE 29, 2005 AND ORDINANCE NO. 988 ADOPTED DECEMBER 7, 2005

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1030 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 4, 2007 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 472-07

(Authorizing execution of an amended Interlocal services agreement appertaining to membership by the Borough of Wildwood Crest in JCOW)

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. 473-07

(Authorizing appointment of Thomas DePaul as Emergency Management Coordinator for the Borough)

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. 474-07

(Authorizing refund totaling $4440.57 to Title Company of Jersey for tax overpayment on property situated at block/lot 16.03-7)

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. 475-07

(Authorizing the Borough Recycling Coordinator to submit an application to the CMCMUA for a 2007 Recycling Mini-Grant)

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. 476-07

(Authorizing Notice to Bidders for Rehabilitation of Generators and Switches at Stanton Road and Topeka Avenue Pump Stations with advertisement of same on March 28, 2007 and a bid receipt date of April 11, 2007)

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 and which set forth in full on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that all reports received, from the Court Administrator, CFO, Tax Collector and Chief of Police, be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mrs. Gould, that the minutes of meetings held February 21, 2007 and March 7, 2007 be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

The Clerk reported that the ordinance for payment of marriage and civil union ceremonies was still being drafted, and indicated that it would be ready for presentation to the governing body for consideration of introduction at the meeting of April 4, 2007.

The Clerk indicated that he had submitted to the governing body for their review a draft of a fee ordinance amendment, adding that it had also been provided to the recreation supervisor, the CFO, the Solicitor as well as this body. He stated that if there were no objections to the draft provided, the ordinance could be introduced at this meeting. Otherwise, if the governing body wished to have a further opportunity to review the ordinance, it could be introduced at the meeting of April 4, 2007. Mr. Cabrera stated his understanding that it was scheduled for introduction at this meeting. The Clerk responded that he just received the written changes from the Recreation Supervisor yesterday and that he was waiting to see if there were any additional comments, and that he had received none. Mr. Groon inquired if the CFO was amenable. The Clerk responded in the affirmative.

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1035

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 56 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, RECREATION COMMISSION, SECTION 56-3, APPROVING AND CONFIRMING RATES AND FEES FOR THE RENTAL OF FACILITIES, PARTICIPATION IN CERTAIN EVENTS AND ACTIVITIES, AND FOR THE DEVELOPMENT AND IMPLEMENTATION OF OTHER REQUIREMENTS APPERTAINING THERETO, AND AMENDING AND AUGMENTING ORDINANCE NO. 824, ADOPTED MARCH 12, 1997, ORDINANCE NO. 851, ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 889, ADOPTED NOVEMBER 28, 2001, ORDINANCE NO. 924, ADOPTED JANUARY 6, 2003, AND ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1035 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 4, 2007 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

There being no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

Dated: April 18, 2007

Kevin M. Yecco, Borough Clerk