BOROUGH OF
CAPE MAY POINT
BOARD OF COMMISSIONERS MEETING
MARCH 13, 2008
The
Meeting of the Board of Commissioners of the Borough of Cape May Point was
called to order on Thursday, March 13, 2008 at 7:00 p.m. in the Fire House
Meeting Room at 412 Yale Avenue.
Commissioner Fraser announced that this meeting having been properly
posted and advertised, was being held in accordance with the Open Public
Meetings of 1975 (N.J.S.A. 10:4-6) also known as the Sunshine Law.
Commissioner
Nietubicz PRESENT
Commissioner
Schupp PRESENT
Mayor Malcolm Fraser led the audience in the Flag Salute.
PUBLIC
HEARINGS
543-08 Ordinance to
Exceed the Municipal Budget Appropriation Limits and to Establish a CAP Bank
(NJSA 40A: 4-45.14)
PUBLIC
COMMENT
No
members of the public commented.
Commissioner Nietubicz made a motion to approve the ordinance presented. Commissioner
Schupp seconded the motion and the Municipal Clerk took a roll call vote as
follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
Commissioner
Fraser YES
544-08 An Ordinance of the Borough of Cape May Point
Amending and Supplementing Chapter 7, Officers and Employees
PUBLIC
COMMENT
No
comment.
Commissioner Nietubicz made a motion to approve the ordinance presented. Commissioner
Schupp seconded the motion and the Municipal Clerk took a roll call vote as
follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
Commissioner
Fraser YES
545-08
PUBLIC
COMMENT
No
members of the public commented.
Commissioner Nietubicz made a motion to approve the ordinance presented. Commissioner
Schupp seconded the motion and the Municipal Clerk took a roll call vote as
follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
Commissioner
Fraser YES
MINUTES:
Commissioner Nietubicz made a motion to dispense with reading of the
minutes of the meetings on February 12, February 14, February 19, February 21
and February 28, 2008. Commissioner
Schupp seconded the motion and the Municipal Clerk took the following roll call
vote:
Commissioner Nietubicz YES
Commissioner
Schupp YES
Commissioner Fraser YES
Commissioner Nietubicz made a motion to approve the minutes of the
meetings on February 12, February 14, February 19, February 21 and February 28,
2008. Commissioner Schupp seconded the
motion and the Municipal Clerk took the following roll call vote:
Commissioner
Nietubicz YES
Commissioner
Schupp YES
Commissioner Fraser YES
VOUCHERS
Commissioner Nietubicz made a motion to approve the vouchers as presented
for payment. (Bill list attached)
Commissioner Schupp seconded the motion and the Deputy Clerk took a roll
call vote as follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
Commissioner Nietubicz made a motion to approve the
February 2008 Treasurer’s report.
Commissioner Schupp seconded the motion and a unanimous roll call vote
was taken.
REPORTS
OF THE COMMISSIONERS
Commissioner Schupp announced that the 2008 Municipal Budget would be introduced later this evening. Commissioner Schupp stated that the budget would increase $50,851 from last year and total $1,525,306 with $1, 191,279 raised by taxation. He explained that the recent cut of $2,000 in State Aid would be offset by taxes. Commissioner Schupp attributed the remaining portion of the tax increase to: salaries and wages= $ 24,938, Police contract increase =$10,700, pension increase $6,300 and other expenses totaling $8,913. Commissioner Schupp stated that the 2008 Municipal Budget requires a 1.4- cent tax increase per $100/assessed value for 2008. Commissioner Schupp stated that he attended an announcement by Governor Corzine on March 6, 2008. Commissioner Schupp stated that the Governor announced the reductions of State Aid to small municipalities with populations under 10,000. He reported that 200 were expected to attend but over 400 people attended that day. Commissioner Schupp stated that the purpose of this meeting was to ask questions of the state officials concerning the state aid reductions. The attendees, he said, expressed their strong opposition to the proposed cuts. Commissioner Schupp stated that the largest area of State aid cuts was Consolidated Municipal Property Tax Relief.
Commissioner Nietubicz added to the State Tax comments. He stated that several of our taxpayers are currently attending a meeting with Commissioner Davy regarding school taxes. Commissioner Nietubicz stated that beach tax prices would remain the same this year.
MAYOR’S
REPORT
Mayor
Fraser stated that
he attended the Property Tax Crisis Meeting held on Saturday, March 8,
2008. Mayor Fraser stated that this
meeting was called to discuss the current financial crisis faced by the State
of New Jersey. Mayor Fraser stated that
the attendees at this meeting voiced their concerns about the Governor’s State
Aid cuts, which shift the burden of the free spending legislature to individual
municipalities. Mayor Fraser explained
that all municipalities are big or small are different and lead by individuals with
different leadership skills. He explained that the management of a municipality
is a lot like a large business. The
Mayor explained that effective management is paramount to a small municipality
such as ours. He commented that
eliminating small rural municipalities based on their size or population is not
a sound business decision. The Mayor
stated that the factors that that should be evaluated are the continuing
education of the governing body and staff, the services provided to its
citizens, effective planning and strategizing, stability of the tax rate,
quality of the infrastructure, efficient sharing of services and the constant
reassessment of taxes.
None
NEW
BUSINESS
None
RESOLUTIONS
RESOLUTION 23-08
2008 MUNICIPAL BUDGET
Commissioner Schupp made
a motion to approve the 2008 Municipal Budget upon introduction, which was
seconded by Commissioner Nietubicz. The
Municipal Clerk took a roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER Schupp YES
COMMISSIONER Fraser YES
RESOLUTION
NO. 24-08
RECOMMENDING
THE RE-APPOINTMENT OF DAVID S. DeWEESE AS JUDGE OF THE INTERMUNICIPAL COURT OF
THE BOROUGHS OF CAPE MAY POINT AND WEST CAPE MAY
WHEREAS, the Honorable David S. DeWeese,
was appointed by the Governor of New Jersey to fill the unexpired term of the
Honorable P. Martin Way III upon his retirement on April 21, 2005; and
WHEREAS, the Honorable Judge David S.
DeWeese has done an outstanding job fulfilling this unexpired term; and
WHEREAS, the Board of Commissioners of the Borough of Cape
May Point is desirous of recommending to the Governor of the State of New
Jersey the appointment of David S. DeWeese, Esquire, an attorney-at-law
of the State of New Jersey and a municipal court judge in the City of Wildwood
and the Township of Lower, for a three (3) year term commencing February 4,
2008; and
WHEREAS, pursuant to N.J.S.A. 2B: 12-4, the Governor of the
State of New Jersey must make said appointment; and
NOW, THEREFORE BE IT RESOLVED, by the
Board of Commissioners of the Borough of Cape May Point, in the County of Cape
May and State of New Jersey, that unanimous recommendation is herewith made to
the Governor of the State of New Jersey and the Senate of the State of New
Jersey of the appointment of David S. DeWeese to a three-year term to
the Intermunicipal Court of the Boroughs of West Cape May and Cape May Point;
and
BE IT FURTHER RESOLVED that a certified copy of
this resolution be forwarded to Governor Jon Corzine, Senator Jeff Van Drew,
and Assemblymen Nelson Albano and Matt Milam.
Commissioner Schupp made
a motion to approve this resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER Schupp YES
COMMISSIONER Fraser YES
RESOLUTION NO. 25-08
RESOLUTION ACCEPTING AND ADOPTING THE ATLANTIC COUNTY MUNICIPAL JOINT
INSURANCE FUND - LOSS CONTROL PROGRAM
WHEREAS, the
Borough of Cape May Point is a member of the Atlantic County Municipal Joint
Insurance Fund (ACMJIF); and
WHEREAS, it is the
policy of the ACMJIF to achieve the best and most practical degree of freedom
from accidents an/or injuries; and
WHEREAS, the
ACMJIF endeavors to ensure that all of their member’s employees, volunteers and
public are provided with a safe and healthy environment free from any
recognized hazards; and
WHEREAS, the
ACMJIF has established a Loss Control Program which should succeed in providing
a safe, healthful and pleasant environment; and
WHEREAS, the
Borough of Cape May Point has reviewed the Loss Control Program and has
recommended its adoption.
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 Atlantic County Municipal Joint Insurance Fund - Loss
Control Program be adopted by the Board of Commissioners.
Commissioner Schupp made
a motion to approve this resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER Schupp YES
COMMISSIONER Fraser YES
RESOLUTION
NO. 26 -08
TEMPORARY
CAPITAL BUDGET
WHEREAS, the local capital budget for the year 2008 has not
been adopted to date,
WHEREAS, it is desired to provide a temporary Capital
Budget Plan,
NOW, THEREFORE, BE IT RESOLVED, by the
Board of Commissioners of the Borough of Cape May Point, County of Cape May,
that the following amount be provided in the capital budget section of 2008
budget document as follows:
Project Title:
General Capital: Beach Decks and Beach Entranceways $25,000.00
Beach
Equipment $2,500.00
Upgrade
to Municipal Software $10,000.00
Basketball
Court at Circle $10,000.00
Be it Further Resolved that two certified copies of this
resolution be filed forthwith in the Office of the Director of Local Government
Services.
Commissioner Schupp made
a motion to approve this resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER Schupp YES
COMMISSIONER Fraser YES
RESOLUTION
NO. 27-08
DEFER
2008 SCHOOL TAX
WHEREAS, by statute, when a
municipality raises school taxes on a school year basis, an amount for not more
than 50% of the levy may be deferred to the following year; and
WHEREAS, 50% of the school tax levy of the
Borough of Cape May Point School District is $13,810.00
NOW, THEREFORE IT RESOLVED by the
Board of Commissioners of the Borough of Cape May Point, County of Cape May,
that amount of $13,810.00 be deferred to the following year.
Commissioner Schupp made
a motion to approve this resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER Schupp YES
COMMISSIONER Fraser YES
RESOLUTION
SUPPORTING SENATE BILL S-1280
Prohibiting
the Executive County Superintendent of Schools from Eliminating a Non-operating
School District if its Elimination Would Result in a Property Tax Increase
WHEREAS, the Borough of Cape May Point is
currently a sending district with a very large summer population, very few
students (some years only one or two) and a population of mostly retired
persons; and
WHEREAS, P.L. 2007 c. 63 requires the Executive County
Superintendent to eliminate districts located in the county that are not
operating schools within one year of the effective date of said law; and
WHEREAS, the elimination of Cape May Point’s School District
would force a merger with the contiguous Lower Township school district;
and
WHEREAS, a merger with the Lower Township Regional School
District would effectively raise Cape May Point property taxes over $3,000/ per
property/ per year; and
WHEREAS, this enormous tax increase is contrary to the
current 4% State Tax CAP law and would force many residents of Cape May Point
out their homes as they will not be able to meet such a large increase in their
taxes; and
WHEREAS, Senate
Bill S-1280 modifies the Executive County Superintendent’s authority as
promulgated in P.L.2007 c. 63 and N.J.S.A. 18A: 7-8 in regard to the
elimination of school districts that are not operating schools: and
WHEREAS, Senate
Bill S-1280 will prevent the Executive County Superintendent from eliminating
any non-operating district if as a result of the elimination a property tax
increase would occur for the residents of the municipality in which the
non-operating district is situate.
NOW, THEREFORE, BE IT RESOLVED that the
Board of Commissioners of the Borough of Cape May Point, in the County of Cape
May and State of New Jersey hereby expresses its strong support of Senate Bill No. S-1280 and urges the
legislature to vote in favor of Senate bill S-1280; and
BE IT
FURTHER RESOLVED that a copy of this Resolution be forwarded to
Senator Jeff Van Drew, Senator Jim Whelan, Senator Stephen M. Sweeney, Senator
Fred H. Madden, Jr., Senator Dana Redd, Senator John H. Adler, Senator Diane B.
Allen, Senator Philip E. Haines, Senator Christopher J. Connors, Senator Andrew
R. Ciesla, Senator Sean T. Kean, Senator Jennifer Beck, Senator Joseph M.
Kyrillos, Jr., Senator Bill Baroni, Senator Shirley K. Turner, Senator
Christopher Bateman, Senator Bob Smith, Senator Barbara Buono, Senator Joseph
F. Vitale, Senator Raymond J. Lesniak, Senator Thomas H. Kean, Jr., Senator
Nicholas. P. Scutari, Senator Leonard Lance, Senator Steven V. Oroho, Senator
Anthony R. Bucco, Senator Richard J. Codey, Senator Ronald L. Rice, Senator M.
Teresa Ruiz, Senator Robert W. Singer, Senator Sandra B. Cunningham, Senator
Nicholas J. Sacco, Senator Brian P. Stack, Senator Nia H. Gill, Esq., Senator
John A. Girgenti, Senator Paul A. Sarlo, Senator Loretta Weinberg, Senator
Robert M. Gordon, Senator Gerald Cardinale, Senator Kevin J. O’Toole, and
Assemblymen Nelson Albano, Assemblyman Matt Milam.
ORDINANCE 546-08
BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL
IMPROVEMENTS BY THE BOROUGH OF CAPE MAY POINT, IN THE COUNTY OF CAPE MAY, NEW
JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $62,500 THEREFOR AND AUTHORIZING
THE ISSUANCE OF $59,350 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE
COST THEREOF.
BE IT ORDAINED BY THE
BOARD OF COMMISSIONERS OF THE BOROUGH OF CAPE MAY POINT, IN THE COUNTY OF CAPE
MAY, NEW JERSEY (not less than two-thirds of all members thereof affirmatively
concurring) AS FOLLOWS:
Section 1. The several improvements described in
Section 3 of this bond ordinance are hereby respectively authorized to be
undertaken by the Borough of Cape May Point, New Jersey as general
improvements. For the several
improvements or purposes described in Section 3, there are hereby appropriated
the respective sums of money therein stated as the appropriation made for each
improvement or purpose, such sums amounting in the aggregate to $62,500, and
including the aggregate sum of $3,150 as the several down payments for the
improvements or purposes required by the Local Bond Law. The down payments have been made available
by virtue of provision for down payment or for capital improvement purposes in
one or more previously adopted budgets.
Section 2. In order to finance the cost of the several
improvements or purposes not covered by application of the several down
payments, negotiable bonds are hereby authorized to be issued in the principal
amount of $59,350 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond
anticipation notes are hereby authorized to be issued pursuant to and within
the limitations prescribed by the Local Bond Law.
Section 3. The several improvements hereby authorized
and the several purposes for which the bonds are to be issued, the estimated
cost of each improvement and the appropriation therefor, the estimated maximum
amount of bonds or notes to be issued for each improvement and the period of
usefulness of each improvement are as follows:
(a) Improvements to various beach decks and
upgrade to beach entranceways, including all work and materials necessary
therefor or incidental thereto.
|
|
BOND AUTHORIZATION |
PERIOD
OF |
|
|
|
|
|
$25,000 |
$23,750 |
15 years |
|
|
|
|
(b) Purchase of various beach equipment.
|
|
BOND AUTHORIZATION |
PERIOD
OF |
|
|
|
|
|
$15,000 |
$14,250 |
5 years |
|
|
|
|
(c) Upgrade of municipal financial software for
the Borough.
|
|
BOND AUTHORIZATION |
PERIOD
OF |
|
|
|
|
|
$10,000 |
$ 9,500 |
10 years |
|
|
|
|
(d) Construction of a basketball court at the
Pavilion Circle, including all work and materials necessary therefor or
incidental thereto.
|
|
BOND AUTHORIZATION |
PERIOD
OF |
|
|
|
|
|
$10,000 |
$ 9,500 |
15 years |
|
|
|
|
(e) Purchase of beach chairs.
|
|
BOND AUTHORIZATION |
PERIOD
OF |
|
|
|
|
|
$ 2,500 |
$ 2,350 |
5 years |
|
|
|
|
|
TOTAL APPROPRIATION |
TOTAL
BOND AUTHORIZATION |
AVERAGE
PERIOD OF USEFULNESS |
|
|
|
|
|
$62,500 |
$59,350 |
11.40 years |
Section 4. All bond anticipation notes issued hereunder
shall mature at such times as may be determined by the chief financial officer;
provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate
or rates and be in such form as may be determined by the chief financial
officer. The chief financial officer
shall determine all matters in connection with notes issued pursuant to this
ordinance, and the chief financial officer's signature upon the notes shall be
conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time
subject to the provisions of N.J.S.A. 40A:2-8.1. The chief financial officer is hereby authorized to sell part or
all of the notes from time to time at public or private sale and to deliver
them to the purchasers thereof upon receipt of payment of the purchase price
plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to
report in writing to the governing body at the meeting next succeeding the date
when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description,
the interest rate and the maturity schedule of the notes sold, the price
obtained and the name of the purchaser.
Section 5. The capital budget of the Borough of Cape
May Point is hereby amended to conform with the provisions of this ordinance to
the extent of any inconsistency herewith. Section
6. The following additional matters are
hereby determined, declared, recited and stated:
(a) The purposes described in Section 3 of
this bond ordinance are not current expenses.
They are all improvements that the Borough may lawfully undertake as
general improvements, and no part of the costs thereof has been or shall be
specially assessed on property specially benefited thereby.
(b) The average period of usefulness,
computed on the basis of the respective amounts of obligations authorized for
each purpose and the reasonable life thereof within the limitations of the
Local Bond Law, is 11.40 years.
(c) The Supplemental Debt Statement required
by the Local Bond Law has been duly prepared and filed in the office of the
Clerk, and a complete executed duplicate thereof has been filed in the office
of the Director of the Division of Local Government Services in the Department
of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Borough as
defined in the Local Bond Law is increased by the authorization of the bonds
and notes provided in this bond ordinance by $59,350, and the obligations
authorized herein will be within all debt limitations prescribed by that Law.
(d) An aggregate amount not exceeding $6,700
for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is
included in the estimated costs indicated herein for the purposes or
improvements.
Section 7. The full faith and credit of the Borough are
hereby pledged to the punctual payment of the principal of and the interest on
the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the
Borough, and the Borough shall be obligated to levy ad valorem taxes upon all
the taxable real property within the Borough for the payment of the obligations
and the interest thereon without limitation of rate or amount.
Section
8. This bond ordinance shall take
effect 20 days after the first publication thereof after final adoption, as
provided by the Local Bond Law.
Commissioner Schupp made
a motion to approve this ordinance upon introduction, which was seconded by
Commissioner Nietubicz. The Municipal
Clerk took a roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER Schupp YES
COMMISSIONER Fraser YES
Megane Smith commented that the fence at the
Lehigh Avenue beach entrance should not be removed unless it is replaced by
another type of fencing to keep trash from blowing.
Commissioner Nietubicz asked the CFO to explain
the deferment of school taxes.
Upon motion to adjourn
by Commissioner Nietubicz, seconded by Commissioner Schupp the meeting was
adjourned at 7:45 pm.
ATTEST:
____________________________________ _______________________________
Constance A. Mahon, Municipal Clerk Commissioner Malcolm C. Fraser
________________________________
Commissioner
Joe Nietubicz
________________________________
Commissioner Carl Schupp