BOROUGH
OF CAPE MAY POINT
BOARD
OF COMMISSIONERS
December 22, 2009
OPEN PUBLIC MEETINGS
ACT STATEMENT
A meeting of the Board of Commissioners
of the Borough of Cape May Point was called to order on Tuesday, December 22,
2009 at 10:00 a.m. in the Conference Room at the Municipal Building located at
215 Lighthouse Avenue. Mayor Schupp
announced that this meeting having been properly posted and advertised, was
being in accordance with the Open Public Meetings of 1975 (N.J.S.A. 10:4-6)
also known as the Sunshine Law. The
Municipal Clerk took the following roll call vote:
Commissioner Nietubicz PRESENT
Commissioner van Heeswyk PRESENT
Commissioner Schupp PRESENT
Commissioner Nietubicz made a motion to approve the
vouchers as presented for
payment. (Bill list attached) Commissioner vanHeeswyk seconded the motion and the Clerk took a roll
call vote as follows:
Commissioner Nietubicz YES
Commissioner van Heeswyk YES
RESOLUTION
NO. 106-09
CANCELLATION
OF 2009 APPROPRIATIONS FOR THE WATER AND SEWER UTILITY
WHEREAS, the following Water
and Sewer Utility Fund budget appropriation balances remain unexpended:
Operating
Expenses:
Other Expenses:
Water Purchases $30,000.00
TOTAL $30,000.00
WHEREAS, it is necessary to
formally cancel said balances so that the unexpended balances may be credited
to Surplus:
NOW
THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Cape
May Point, County of Cape May, State of New Jersey, that the above listed
unexpended balances of the Water and Sewer Utility be canceled.
Commissioner
Nietubicz made a motion to adopt Resolution 106-09, which was seconded by
Commissioner vanHeeswyk. The Municipal
Clerk took a unanimous roll call vote as follows:
Commissioner Nietubicz YES
Commissioner van Heeswyk YES
TRANSFER OF FUNDS
BETWEEN 2009 BALANCES
WHEREAS, it has become
necessary to expend for certain purposes specified in the 2009 budget amount in
excess of the respective sums appropriated therefore, and
WHEREAS, there is an excess
in one or more appropriations over and above the amount deemed necessary to
fulfill the purpose of such appropriations, which are insufficient.
NOW,
THEREFORE BE IT RESOLVED by the Board of Commissioners of the Borough of Cape
May Point, County of Cape May, State of New Jersey, (not less than 2/3 vote of
the full membership thereof affirmatively concurring) that the following
transfers are hereby authorized by and between the 2009 appropriations:
FROM:
Current
Fund
Elections OE 1,500.00
Master Plan Consultant OE 1,500.00
Advertising OE 1,500.00
Financial Admin OE 2,000.00
Lifeguard OE 3,000.00
Construction Code Officials OE 1,000.00
Code Enforcement S/W 1,500.00
MUA Misc OE 3,250.00
Total $15,250.00
Water and Sewer Fund
Other
Expenses 5,000.00
Total
$5,000.00
TO:
Current
Fund
Clerk S/W 700.00
Clerk OE 500.00
Lifeguards S/W 8,500.00
Financial Admin OE 500.00
Zoning Board OE 900.00
Planning Board OE 900.00
Public Works S/W 600.00
Electric OE 1,100.00
Engineering OE 1,300.00
Registrar S/W 250.00
Total $15,250.00
Water and Sewer Fund
Salary
and Wages 2,000.00
Capital
Improvements 3,000.00
Total $5,000.00
Res 108-09
A RESOLUTION URGING THE LEGISLATURE TO AMEND THE OPEN PUBLIC
RECORDS ACT TO ADDRESS VARIOUS TECHNICAL AND PRACTICAL ISSUES
WHEREAS, Governor Donald T. DiFrancesco signed the Open Public
Records Act (OPRA), N.J.S.A. 47A:1A-1 et seq., into law on January 8, 2002 to
increase public access to state government records, stating that the bill is
about access and what open government should be:
Government of the people; and
WHEREAS, Governor DiFrancesco stated at the bill signing that the bill was not
perfect, and
acknowledged the hard work and negotiations between legislators and the many
interested
parties, including the New Jersey League of Municipalities, that went into the
compromise;
and
WHEREAS, elected and appointed municipal officials recognize the importance and
virtue of access to public records for all citizens, as it encourages openness
and transparency in government and increases confidence in the operation of
government; and
WHEREAS, along with transparency of government comes the responsibility to
safeguard citizens’ reasonable expectation of privacy; and
WHEREAS, the law granting access to public records also created a 13-member
Privacy Study
Commission whose mission was to study the privacy issues raised by the
collection,
processing, use, and dissemination of information by public agencies in light
of the
recognized need for openness in government, and to recommend specific measures,
including
legislation, the commission may deem appropriate to deal with these issues and
to safeguard
the privacy rights of individuals.
WHEREAS, in the course of its study, the commission reviewed the current and
proposed means used for the collection, processing, use and dissemination of
information by state and local
government agencies; and
WHEREAS, the Privacy Study Commission studied three (3) specific areas: the
disclosure of home addresses and telephone numbers, commercial use of public
information held by public
agencies and the impact of technology on privacy concerns; and
WHEREAS, although municipal officials and municipal clerks have embraced OPRA
and support the fundamental purpose of OPRA, compliance with OPRA is a problem
for municipalities due
to conflicting decisions, requestors testing both the records custodian and
OPRA, and a loss
of efficiency and out-of-pocket costs to municipalities; and
WHEREAS, municipal officials and municipal clerks believe that OPRA needs to be
reformed to create standardization in providing records to the public while
protecting citizens’ reasonable
expectation of privacy and to prevent individuals, attorneys and businesses
from profiting
from the provisions of OPRA where they have no legitimate interest in the
records they are
requesting.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of
Cape May Point, that the Governor and State Legislature are urged to review the
provisions of OPRA and consult with municipal officials, municipal clerks, the
Government Records Council, the New Jersey Press Association and the New Jersey
League of Municipalities to reform OPRA to:
AR-306-09
1. Adoption of the following recommendations of the Privacy Study Commission:
a. Home telephone numbers, including cell phone
numbers, should not be disclosed.
b. Individuals should be permitted to opt-out of
disclosure of their home addresses.
c. E-mail addresses provided by individuals to
government entities should be accorded the
same protection as telephone numbers and remain
confidential.
d. Exemption from access from the commercial use of
information should be contained in
legislation, regulations or by Executive Order.
e. Consideration of the proposition that when the
secondary or derivative use of a public
record is a commercial/profit-making use, the
commercial user should be expected to
contribute to the cost of recovery of developing and
maintaining such records.
2. Amending the current fee schedule to a uniform per page rate and clarifying
the term
“actual costs” for Special Service Charge to include the cost of labor.
3. When agencies adopt regulations exempting certain records from disclosure,
those
agencies need to recognize the impact of technology on the ability to search
records and
make the regulations comprehensive enough to ensure that the adopted regulation
cannot
be circumvented by technology.
4. The Governor should immediately fill the two vacant public seats on the
Government
Records Council in order to best protect the interest of all parties involved
in the proper
implementation of the OPRA statute.
5. Clear authorization for the Records Custodian to bill for time spent
organizing data,
researching documents or translating documents to a different medium. An
example is
scanning documents to provide them electronic copies. Records Custodians should
not be
required to create a document that is not typically maintained by the
municipality.
6. A distinction should be made between those who seek a record for their own
personal use
and those who intend to make a secondary commercial use of the information, as
recommended by the Privacy Study Commission.
7. The municipality should be entitled to receive a seven (7) day extension for
any large or
complicated requests. Currently, the requestor must agree. This particularly
affects small
municipalities with a small or part -time staff.
8. The requestor should be required to pick up their records within a week so
that the Records
Custodian does not have to keep them indefinitely. If the records are not
picked up within
one week, the request should be considered fulfilled.
9. Direct the Government Records Council or Office of Administrative Law as to
when
attorney’s fees should be awarded to requestors under OPRA to limit the award
of
attorney’s fees to situations where there was a willful violation of OPRA that
resulted in
the requestor failing to receive a legitimately requested document.
10. Create regulations to prevent a requestor from repeatedly using OPRA to
request the
same documents as this creates an unnecessary and unreasonable burden on the
taxpayers
of the community who must underwrite the costs of these repeated responses.
11. Documents which are already available to the public on a municipality's
website should
be excluded from OPRA.
12. The Government Record Council should have mandatory mediation for all
complaints.
Currently, mediation takes place only where both parties agree.
BE IT FURTHER RESOLVED, copies of this resolution shall be forwarded to the
Commissioner of the Department of Community Affairs, the Government Records
Council, the members of the
New Jersey State Legislature, the Governor of the State of New Jersey, Cape May
County
Municipal Clerks and the Municipal Clerks’ Association of New Jersey.
Commissioner
Nietubicz made a motion to adopt Resolution 108-09, which was seconded by
Commissioner vanHeeswyk. The Municipal
Clerk took a unanimous roll call vote as follows:
Commissioner Nietubicz YES
Commissioner van Heeswyk YES
A RESOLUTION URGING
GOVERNOR CORZINE AND THE NEW JERSEY LEGISLATURE TO EXPEDITIOUSLY ELIMINATE
STATE IMPOSED UNFUNDED MANDATES
WHEREAS,
Board of Commissioners has brought the following information to the attention
of the Borough of Cape May Point:
That 1995 New Jersey
voters approved an amendment to the State Constitution, designated as Article VIII, Section 2, Paragraph 5 of the New Jersey
Constitution, and codified in the Local Mandates Act which is found at
N.J.S.A. 52:13H-1, et seq.(the “LMA”), which was enacted to restrain the
State of New Jersey from imposing new unfunded programs upon counties,
municipalities and school districts, (the “Local Governments”) without the
provision of necessary funds by the State of New Jersey.
That New Jersey
Legislature established the Council on Local Mandates (the “Council”) to
implement the LMA by empowering the Council to review complaints from Local
Governments and issue determinations as to whether new statutory or regulatory
impositions issued by the State constitute “unfunded” mandates.
That pursuant to the
LMA, if the Council determines that a statute or regulation is an “unfunded”
mandate, such statute or regulation ceases to be mandatory and expires.
That fourteen (14) years
after the voters of this state enacted
changes to the New Jersey Constitution, the Council has made less than
one dozen decisions and in only two (2) of such cases did the Council rule in
favor of the Local Governments.
That the LMA does not
empower the Council to enforce compliance with its determinations, nor do Local
Governments have the right to seek redress in State Courts as to these
determinations.
That the purpose of the
LMA was to reduce property taxes in New Jersey and instead property taxes have
nearly doubled since the enactment of the LMA, forcing New Jersey homeowners to
bear a crushing burden.
That the LMA is clearly
not the reform that the people of New Jersey voted for in 1995; and
WHEREAS, Board of Commissioners has
brought the recommendations of the New Jersey Association of Counties (“NJAC”)
to the attention to the Borough of Cape May Point and has recommended that the
Borough adopt a resolution expressing the intent of the Board of Commissioners
to join forces with other Local Governments to insist upon a complete overhaul
of the Council and the LMA which has not satisfied the will of the voters for
true government reform; and
WHEREAS, in connection with the
overhaul of the Council, the NJAC has proposed the following:
(1) Change the appointment power to the
Council because under the current law members of the Council are appointed by
the Governor, members of the Legislature and the Chief Justice of the State
Supreme Court, all of whom are individuals that create unfunded mandates for
Local Governments.
(2) Address the flaw that allows state
appointees, such as judges and prosecutors, to compel county governments to
hire Court personnel and expand facilities without the prior approval from
voters or their elected representatives.
3) Address the flaw that allows State
officials to appeal to the Courts, while Local Governments are denied this
right of appeal. Under the LMA,
decisions made by the Council are ineligible for judicial review by Local
Governments. Furthermore, when the
Council makes a decision in favor of a Local Government, the LMA allows the
State to ignore such determinations without any consequence.
4) Address the current exemptions from the
LMA. This review should included a top to bottom identification of all State
mandates and must require that the State repeal all outdated mandates and fund
any remaining mandates; and
WHEREAS, the Township Council
concurs with the recommendation of the Board of Commissioners that it is in the
best interests of the citizens of the Borough of Cape May Point to urge the
elimination of state imposed unfunded mandates and to seek a complete review
and overhaul of the LMA and Council as set forth hereinabove.
NOW,
THEREFORE, BE IT RESOLVED, by the Board of Commissioners Council of the Borough
of Cape May Point, County of Cape May, State of New Jersey, that the Board of
Commissioners hereby petition for the elimination of State imposed unfunded
mandates, that Board of Commissioners strongly support the proposals of the New
Jersey Association of Counties as set forth hereinabove to seek a complete
review and overhaul of the Local Mandates Act and the Council on Local
Mandates, and that Board of Commissioners urge the Governor and the Legislature
to address the egregious burdens imposed upon Local Governments by unfunded
mandates imposed by the State; and
BE IT FURTHER RESOLVED that a certified copy of this
Resolution be provided to each of the following:
A.
The Hon. Governor Jon Corzine
B.
The Hon. Senator Jeff Van Drew
C.
The Hon. Assemblyman Nelson Albano
D.
The Hon. Assemblyman Matt Milam
E.
Cape May County Freeholders
F.
The New Jersey State League of
Municipalities
G.
All Cape May County Municipalities
Upon motion by
Commissioner Nietubicz which, was seconded by Commissioner vanHeeswyk the
Municipal Clerk took a roll call vote as follows:
Commissioner Nietubicz YES
Commissioner van Heeswyk YES
ORDINANCE NO. 576-09
AN ORDINANCE
ESTABLISHING THE BOROUGH OF CAPE MAY POINT MUNICIPAL COURT AND DISSOLVING
PARTICIPATION IN THE INTERMUNICIPAL COURT
BE IT ORDAINED by the Commissioner
of the Borough of Cape May Point County of Cape May and State of New Jersey as
follows:
Section I.
Ordinance No.243-86 of the Borough of Cape May Point establishing an
Inter-Municipal Court is hereby repealed in its entirety.
Section II. The following Ordinance is
adopted for the establishment of a separate Municipal Court for the Borough of Cape May Point.
Section 8-1. Court established.
Pursuant to N.J.S.A.
2B:12-1, et seq., there is hereby established a municipal court in and
for the Borough of Cape May Point which shall be known as the “Municipal Court
of the Borough of Cape May Point”. The
municipal court shall have jurisdiction over all matters arising within the
territory of the municipality and as provided by law.
Section 8-2. Seal.
The seal of the
municipal court shall bear the impress of the name thereof.
Section 8-3. Location.
The municipal court
shall sit in such place or places as may hereafter be designated by resolution
of the governing body within or without the municipality.
Section 8-4. Judge.
The governing body
shall appoint by resolution a judge to sit in the municipal court pursuant to N.J.S.A.
2B:12-4 who shall meet the qualifications required by N.J.S.A. 2B:12-7,
and who shall otherwise comply with all the requirements as provided by law.
The judge shall be paid an annual salary as set by ordinance or resolution.
Section 8-5. Court
Administrator
The governing body
may, from time to time, designate an administrator and other necessary
employees to serve the municipal court pursuant to N.J.S.A. 2B:12-10, et
seq., who shall comply with all applicable requirements of statutory law as
well Supreme Court directives for the proper administration of the court.
Section 8-5.
Prosecutor.
Pursuant to N.J.S.A.
2B:25-4, et seq., the governing body shall annually appoint a municipal
prosecutor to serve in the Municipal Court of the Borough of Cape May Point who
shall have all the duties and responsibilities conferred upon that position as
provided by law. The municipal prosecutor shall be permitted to charge
appropriate fees to cover the actual cost of discovery production as permitted
by Supreme Court rule or otherwise provided by law.
Section 8-6. Public
Defender.
Pursuant to N.J.S.A.
2B:24-3, et seq., the governing body shall annually appoint a
municipal public defender to serve in the Municipal Court of the Borough of
Cape May Point who shall have all the duties and responsibilities conferred
upon that position as provided by law. Further, where appropriate, the
municipal court judge may assess an application fee for those who seek the
services of the municipal public defender of up to $200 in accordance with
N.J.S.A. 2B:24-17.
Section 8-7.
Salaries; Other Expenses.
The governing body
shall determine by resolution or ordinance the compensation for the Judge,
Prosecutor, Public Defender, Court Administrator and other municipal court
employees and shall provide for the same, and for the reasonable expenses for
the operation of the municipal court, from the general revenues of the
municipality, or by inter-local services agreement, as required by law.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed.
This Ordinance shall take effect immediately
upon final passage and publication according to law.
BY ORDER OF THE COMMISSIONERS OF THE BOROUGH
OF CAPE MAY POINT, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY.
Upon
motion by Commissioner Nietubicz which was seconded by Commissioner vanHeeswyk
the Municipal Clerk took a roll call vote as follows:
Commissioner Nietubicz YES
Commissioner van Heeswyk YES
The
Board of Commissioners reviewed the draft of the 2010 Commissioners’ Memo. Commissioner vanHeeswyk asked Mayor Schupp to
leave options open to make changes based on need of the dumpster for the most
people as we see patterns of use develop. The Mayor agreed. Commissioner vanHeeswyk
suggested that Sunday availability would be more beneficial to the weekend
population. Several other changes were
suggested and noted by the Clerk.
Commissioner
Nietubicz stated
that Commissioner vanHeeswyk is currently the administrator of the Edmonds
software system. He also mentioned that
he would be utilizing the Edmonds software system for the fixed asset inventory
system.
Commissioner
Nietubicz asked for clarification on the trash enclosure ordinance. The Clerk stated that the enclosure ordinance
was introduced in August and a public hearing was held in September. Commissioner vanHeeswyk stated that the use
of the word enclosure may have been the cause of this confusion. Some refer to the enclosure as a corral. Commissioner vanHeeswyk stated that the
universal term for the structure would be enclosure. The recent ordinance passed on December 12,
2009 simply changed the times during which trash receptacles could be left at
the curbside.
Commissioner
Anita van Heeswyk
stated that the Borough has an ordinance on the books that requires us to
utilize an encumberance system.
Ordinance 401-01 established such system, which will be utilized
in the upcoming year by our new CFO, Judd Moore. Commissioner vanHeeswyk stated that the basic
concept is to get approval from the Commissioner and CFO to requisition a
purchase. After the requisition is
approved a purchase order can be submitted to the vendor for their signature
and the item can be ordered.
Commissioner vanHeeswyk stated that individual requesting the item to be
purchased would submit the approved requisition to the Administrator/ Clerk who
will pass all requisitions to the CFO. There
was agreement on utilizing this procedure.
Mayor
Schupp stated
that a recent visit from the DEP resulted in great advice for placement of dune
fencing. He asked his fellow
Commissioners for their thoughts on additional decks being built in the
dunes. According to Mayor Schupp, Bill
Dixon of DEP Coastal Engineering cautioned the Borough to refrain from building
decks without CAFRA permits.
Commissioner vanHeeswyk stated that she was present when Mr. Dixon
inspected our dunes for their current condition and agrees with his statements
pertaining to decks.
Mayor
Schupp asked the Municipal Clerk to place a Proclamation on the January 14,
2010 agenda for National Wear Red Day to promote awareness on heart disease in
women.
Mayor
Schupp stated that he would like to contact Dale Foster, County Engineer
regarding a recent letter from David King pertaining to speeding issues on
Lighthouse Avenue.
Outstanding Items List
150 checklist committee
Commissioner
Nietubicz reported that the committee has been appointed. Commissioner vanHeeswyk stated that the
committee would be meeting shortly.
Algae in the Lake
Commission Nietubicz stated that
the Environmental Commission approved 3 drain filters as a test to see that
they work before exploring purchasing more.
Car wash
Mayor Schupp reported that van
Note- Harvey has surveyed the site and would be preparing plans shortly.
Firehouse
Commissioner Schupp stated that
the project is complete and waiting for a final bill.
Fixed Assets
Commissioner Nietubicz reported
that he is currently authorized to use the Edmonds software system and is
inputting information.
Flooding on Lincoln
A letter was written to Dale
Foster, County Engineer on September 24, 2009.
Under contract review.
Noisy Compressor - cleanflo
Commissioner Schupp reported that the north compressor was lowered by Public Works.
Commissioner Nietubicz stated
that the Clerk has been given a draft Ordinance for use in developing a Cape May Point
ordinance.
The
Clerk/Administrator reported that she forwarded documentation to Bill Blaney,
Labor Counsel for review. She stated
that Bill Blaney and Mike Donohue of Gruccio, Pepper are currently adding
requesting sections to the document.
Rain Garden
Commissioner Schupp stated that
a work order was submitted to install split rail fence.
The Commissioner agreed to
follow-up with Dale Foster and attempt to set up a second meeting.
Commissioner vanHeeswyk stated that a few
typos have been corrected and the final draft is forthcoming for introduction
on January 14, 2009.
It was unanimously determined by
the board to stencil the words” STOP” at intersections where lines were
recently painted.
Commissioner Schupp stated that
he would contact the County Health Department to get the average depth of wells
in the area.
After the contents of the State
Aid agreement were reversed by Avalon Court, the Administrator asked the DEP to
amend the current State Aid Agreement.
She reported that the Mayor recently executed the new SSA and was
expecting the original to be returned shortly.
Master Plan
Commissioner Nietubicz will fulfill request
to print copies for the Zoning Board.
Commissioner Nietubicz states that the Safety Incentive Program
report is due Dec 7th.
Radios
Commissioner Nietubicz announced that the radios have been received.
Commissioner Nietubicz reported
that the cost estimates are currently being prepared by the Borough Engineer.
None
PUBLIC PORTION
Upon motion by Commissioner Nietubicz, seconded by
Commissioner van Heeswyk the meeting was adjourned at 11:50 am.
_________________________________
Joe
Nietubicz, Commissioner
____________________
_____________
Anita
van Heeswyk, Commissioner
__________________________________
Carl F. Schupp, Commissioner
Attest:
___________________________________
Constance
A. Mahon, Municipal Clerk