BOROUGH OF
CAPE MAY POINT
The
Meeting of the Board of Commissioners of the Borough of Cape May Point was
called to order on Thursday, April 9, 2009 at 7:00 p.m. in the Fire House
Meeting Room at 412 Yale Avenue. Deputy
Mayor Anita vanHeeswyk 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
vanHeeswyk PRESENT
Commissioner Schupp ABSENT
The Deputy Mayor led the audience in the Flag
Salute.
563-09 AN ORDINANCE OF
THE BOROUGH OF CAPE MAY POINT IN THE COUNTY OF CAPE MAY, NEW JERSEY, VACATING
PORTIONS OF VARIOUS STREET ENDS KNOWN AS OAK STREET, SPRUCE STREET, WALNUT
STREET, AND CHESTNUT STREET, EACH AS LAID OUT FIFTY (50’) FEET IN WIDTH IN THE
BOROUGH OF CAPE MAY POINT
Francine
Nietubicz asked
for an explanation of this ordinance. Alan Gould, Special Counsel, explained
the process of municipal street vacation.
He stated that the governing body thoroughly investigated this option
and assured the audience that that this decision is in the best interest of the
citizens of Cape May Point. He praised
Deputy Mayor Anita van Heeswyk for her hard work. Mrs. Nietubicz asked if the contiguous property owners automatically
get the 50 feet of vacated street added to their current property. Mr. Gould responded yes.
Malcolm
Fraser asked if it is mandatory that 50-feet of contiguous land is given to
property owner due to State law. Mr.
Gould responded yes. Commissioner
vanHeeswyk stated that this is the only option when you vacate a street
end.
Dick
Miller asked if
these people could refuse the 50’ of property if they do not want it. Mr. Gould responded that although he has
never seen it happen, the land could be refused.
Sally
Sachs asked if the
additional land could be used for FAR.
Mr. Gould stated that this would not be the appropriate time to speak to
these individuals’ parcels of land as each may have its own unique zoning
issues.
Commissioner Nietubicz made a motion to approve the ordinance presented. Commissioner
van Heeswyk seconded the motion and the Municipal Clerk took a roll call vote
as follows:
Commissioner Nietubicz YES
Commissioner van Heeswyk YES
564-09 AN ORDINANCE ESTABLISHING CHAPTER 110 OF THE CODE OF
THE BOROUGH OF CAPE MAY POINT IN THE COUNTY OF CAPE MAY AND STATE OF NEW JERSEY
TO ESTABLISH FEES, REGULATIONS AND COMPENSATION FOR MARRIAGE AND CIVIL UNION
CEREMONIES PERFORMED BY THE MAYOR OR DEPUTY MAYOR
Keith Rice of Ocean Avenue asked what the
old fee for the performance of a wedding was.
The Clerk responded that the fee was previously $100.00.
Commissioner Nietubicz made a motion to approve the ordinance presented. Commissioner
van Heeswyk seconded the motion and the Municipal Clerk took a roll call vote
as follows:
Commissioner Nietubicz YES
Commissioner van Heeswyk YES
565-09 AN ORDINANCE OF THE BOROUGH OF CAPE MAY POINT,
COUNTY OF CAPE MAY,
STATE OF NEW JERSEY AMENDING CHAPTER 142 ARTICLE X SECTION 142-34 OF THE
REVISED ORDINANCES OF THE BOROUGH OF CAPE MAY POINT TO ESTABLISH EAST LAKE
DRIVE AS A ONE WAY STREET BETWEEN LIGHTHOUSE AVE AND OAK AVE
Malcolm
Fraser stated that
making E. Lake Drive a one-way street would create a hardship for the
Greame’s. He stated that Mrs. Greame is
handicapped and asked that the Borough consider excluding the section near
their home from this ordinance.
Commissioner Neitubicz stated that this would not be possible due to the
NJDOT.
Sarah
Jordan asked why
the Commissioners would consider making it a one-way street. Commissioner Nietubicz stated that this is a
safety issue.
Malcolm
Fraser asked if
the Borough received NJDOT approval.
Commissioner Nietubicz stated that DOT approval was not necessary due to
recently passed legislation giving the municipality the power to approve
one-way streets that belong to said municipality.
Commissioner Nietubicz made a motion to approve the ordinance presented. Commissioner
van Heeswyk seconded the motion and the Municipal Clerk took a roll call vote
as follows:
Commissioner Nietubicz YES
Commissioner van Heeswyk YES
Commissioner
Schupp ABSENT
The
Municipal Clerk read the following resolutions in their entirety:
RESOLUTION
NO. 42–09
WHEREAS, the
Borough Commissioners of the Borough of Cape May Point are satisfied that such
conditions have been met.
NOW, THEREFORE, BE IT RESOLVED by the
Borough Commissioners of the Borough of Cape May Point, in the County of Cape
May and State of New Jersey, a majority of the full membership concurring, as
follows:
1. The allegations of the
preamble are incorporated herein by this reference.
2. The Borough Commissioners of
the Borough of Cape May Point finds and determines that:
A. At
least one (1) week prior to the date of this hearing, a complete copy of the
approved budget, as advertised was posted in the Borough Hall, the principal
municipal building of the municipality, and was made available to each person
requesting the same during the week immediately preceding the public hearing
and is available to each person requesting a copy during the public hearing, as
required by N.J.S.A. 40A:4-8.
B. The
Borough Commissioners of the Borough of Cape May Point hereby determines and
declares that the conditions set forth in subsection 1.a and 1.b of N.J.S.A.
40A:4-8 have been met.
C. The
Borough Commissioners of the Borough of Cape May Point hereby determines that
the 2009 Municipal Budget of the Borough of Cape May Point shall be read by its
title only at the public hearing to be conducted thereon.
3. That the budget is in such form,
arrangement and content as required by the Local Budget Law and N.J.A.C. 5:30-4
and 5:30-5.
4. That pursuant to the Local
Budget Law:
a.
All estimates of revenue are reasonable, accurate and
correctly stated.
b.
Items of
appropriation are properly set forth.
c. In itemization, form arrangement and content the budget will
permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been
introduced, publicly advertised and adopted in accordance with the relevant
provisions of the Local Budget Law, except that failure to meet the deadlines
of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have
been fulfilled.
BE IT FURTHER RESOLVED, that a copy of this
resolution be forwarded to the Director of the Division of Local Government
Services.
Commissioner
Nietubicz made a motion to approve this resolution upon adoption, which was
seconded by Commissioner van Heeswyk.
The Municipal Clerk took a roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER Schupp ABSENT
RESOLUTION
NO. 43-09
WHEREAS, N.J.S.A. 40A:4-78b has authorized
the Local Finance Board to adopt rules that permit municipalities in sound
fiscal condition to assume the responsibility, normally granted to the Director
of the Division of Local Government Services, of conducting the annual budget
examination, and
WHEREAS, N.J.A.C. 50:30-7.2 thru 7.5 the
Borough of Cape May Point has been declared eligible to participate in the
program by the Division of Local Government Services, and the Chief Financial
Officer has determined that the local government meets the necessary conditions
to participate in the program for the 2009 budget year,
NOW, THEREFORE IT RESOLVED by the
Board of Commissioners of the Borough of Cape May Point, County of Cape May,
State of New Jersey, that in accordance with N.J.A.C. 5:30-7.6 a & b and
based on the Chief Financial Officer’s certification, the governing body has
found the budget has met the following requirements:
1. That with reference to the following
items, the amounts have been calculated pursuant to law and appropriated as
such in the budget:
a.
Payment of interest and debt redemption charges
b.
Deferred charges and statutory expenditures
c.
Cash deficit of preceding year
d.
Reserve for uncollected taxes
e.
Other reserves and non-disbursement items
f.
Any inclusions of amounts required for school purposes
2.
That the provisions relating to limitation on increases of
appropriations pursuant to N.J.S.A. 40A: 4-45.2 and appropriations for
exceptions to limits on appropriations found at 40A: 4-45.3 et seq. e fully met
(Complies with the “CAP” law.)
3.
That the budget is in such form, arrangement, and content
as required by the Local Budget Law and N.J.A.C. 50:30-4 and 5:30-5.
4.
That pursuant to the Local Budget Law:
a.
All estimates of revenue are reasonable, accurate, and
correctly stated.
b.
Items of appropriation are properly set forth
c.
In itemization, form, arrangement, and content the budget
will permit the exercise of the comptroller function within the municipality
5.
The budget and associated amendments have been introduced
and publicly advertised in accordance with the relevant provisions of the Local
Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall
not prevent such certification.
6.
That all other applicable statutory requirements have been
fulfilled.
BE IT FURTHER RESOLVED, THAT A COPY OF THIS RESOLUTION BE
FORWARDED TO THE DIVISION OF LOCAL GOVERNMENT SERVICES.
Commissioner
Nietubicz made a motion to approve this resolution upon adoption, which was
seconded by Commissioner van Heeswyk.
The Municipal Clerk took a roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER Schupp ABSENT
Commissioner Anita vanHeeswyk introduced Glen Ortman of
Ford, Scott Associates. Mr. Ortman gave
a brief overview of the following budget:
Resolution 44-09
Amend 2009 Municipal Budget
PUBLIC PORTION
Marie Rice asked if the increase in rent for
the firehouse included the Planning Board and Zoning Board’s use of the
facility. The Clerk responded yes. Mrs. Rice also addressed the bond issue for
improvements to the firehouse. The
Clerk explained that the ADA improvements to the firehouse were necessary as
the building is used to hold Borough meetings.
Malcolm Fraser agreed that the money being spent
on the firehouse improvements was necessary in order to comply with the Americans
With Disabilities Act.
Commissioner Nietubicz stated that this year’s
municipal budget preparation was difficult due to the current economic
situation. He stated that the Board of
Commissioners took a conservative approach in response to the recession.
Marie Rice asked if the surplus money is
invested. Mr. Ortman stated that law
regulates investment and use of surplus money.
He added that the Borough invests mostly in money markets as authorized
by the Borough’s cash management plan.
Commissioner
Nietubicz made a motion to approve this resolution upon adoption, which was
seconded by Commissioner van Heeswyk.
The Municipal Clerk took a roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER Schupp YES
Resolution
45-09
2009 Municipal Budget
Commissioner van Heeswyk
made a motion to adopt the 2009 Municipal Budget upon final hearing, which was
seconded by Commissioner Nietubicz. The
Municipal Clerk took a roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER Schupp ABSENT
MINUTES
Commissioner
van Heewswk made a motion to approve the minutes (as previously read by the
governing body) of the meetings of March 10th, March 12th,
and March 26th, 2009. Commissioner Nietubicz seconded the motion and
the Municipal Clerk took a unanimous roll call vote.
Commissioner van Heeswyk made a motion to approve the vouchers as
presented for payment. (Bill list attached) Commissioner Nietubicz seconded
the motion and the Clerk took a roll call vote as follows:
Commissioner Nietubicz YES
Commissioner Schupp ABSENT
TREASURER’S REPORT- March
Commissioner van Heeswyk stated that she attended
a housing summit in New Brunswick last week, where she had a very positive
brief conversation with Lucy Vandenburg who heads the Council on Affordable
Housing. She stated that according to
Ms. Vandenburg, we should be COAH certified “very soon”. Commissioner vanHeeswyk stated that she had
a very similar conversation with Ben Spinelli, the head of State Planning
Commission, which happened within minutes and again received positive
expectations for our Plan Endorsement.
She added that the current timeframe is that we will be reviewed in June
for COAH and July for Plan Endorsement.
Commissioner vanHeewyk reminded taxpayers that rental
properties should be in the process of getting fire inspections and rental
permits. She stated that those renting
without permits would receive a
summons, which requires a court appearance.
Commissioner vanHeewyk reminded all taxpayers that signs
are the responsibility of the property owner and stated that only one sign per
property is allowed and it must be 15 feet from the roadway. She asked homeowners to please let anyone
who places a sign on a property to know that the homeowner could be fined if
they do not comply with the borough ordinance.
She stated that trash must be contained and not be put out
before Sunday night in closed containers.
She asked those having difficulty with compliance to make arrangements
to have this done by a neighbor or paid professional.
Commissioner vanHeeswyk reported that a document has been
drafted between the State Park, Nature Conservancy, Cape May County and the
Borough of Cape May Point that gives the Borough the right to make decisions
about the level of Lake Lily and sets protocol among the entities for doing
so. She stated that we have made some
corrections to the document and are hopeful that it will be finalized
soon.
She reminded everyone that the Borough Building is open
every Saturday morning from 9-noon.
She stated that our receptionist Jackie is there and can handle most
everything, and if she can’t she can pass it on to whoever can on Monday
mornings.
She thanked everyone who has answered her question about
the county library and reported that no changes are being made this year. She clarified by stated that she meant the
question and the research that she did as a fact-finding mission and stated
that our citizens had very compelling reasons for staying in the county system
as well as leaving it. She stated that
felt that she has enough information and input from everyone in case
circumstances arise about which we have to do some serious financial soul
searching. Commissioner van Heeswyk
announced that a Zoning Board Meeting has been scheduled for Wednesday, April
22, 2009 at which time the Cape May Point General Store hearing will be
heard. She asked the audience to attend
if they had questions or concerns.
Commissioner Nietubicz stated that Alexander
Beach has been designated a “Precautionary Zone” by the Fish and Wildlife
Department. He explained that a
Precautionary Zone is a possible nesting area for endangered species. Commissioner Nietubicz stated that our beach
Management Plan prohibits certain activities on this beach such as driving of
vehicles, raking, kite flying, predators and so on. He added that this language considers a pet a predator. US Fish and Wildlife will monitor our
beaches regularly and violations could result in hefty fines. He stated that one of our northern neighbors
was fined $25,000 when the US Fish and Wildlife officials found a dead piping
plover chick in their beach rake. He
warned the public that the sign prohibiting pets on the beach is meant for
everyone and “not just the mangy mutt that your neighbor owns.”
Commissioner Nietubicz cited another new state mandate-
storm water pollution. He stated that
many of Cape May Point’s drains go directly into the lake. He added that we have two problem conditions
– clogged drains so water cannot run off and source water pollution. He went on and added that what once was
thought of as biodegradable is now pollution and causes eutrophication. We stated that Cape May Point is ahead of
most municipalities in the area of non-source pollution. He stated that citizens put their yard waste
in brown bags and our Public Works promptly picks them up. He pointed out an area of concern- some
taxpayers do not know that Public Works also picks up tree limbs, etc. He stated that these branches or limbs need
to be cut in four-foot lengths and bundled not discarded in vacant lots or
across the street on State Park land.
He went on to say that taxpayers even insist on disposing of the
remnants of trimmed bushes at the beach entrances! He reiterated that pet waste is not only considered pollution, it
is considered a health hazard and the possible source of echolie and other
things.
MAYORS REPORT
The Mayor was absent.
CORRESPONDENCE
None
The Municipal Clerk read a proclamation for the Mayor as follows:
Kiwanis Club Of Cape May
April 22,
2009
WHEREAS, this year
marks the 85th Anniversary of our local Kiwanis Club, chartered in
Cape May in 1924; and
WHEREAS, the Cape May Kiwanis Club
serves the Borough of Cape May Point and its surrounding community by
volunteering thousands of hours of work to the betterment of the greater Cape
May area sponsoring the Bringing Up Grades (BUG) program in our local schools,
sponsoring K Kids Clubs for elementary schools, sponsoring Builders Clubs for
Junior High School, and Key Clubs for High School; and
WHEREAS,
the Kiwanis Club also participates in "Adopt A Road" programs,
provides labor for dune grass planting, organizes the annual Cape May Pet
Parade and organizes the annual Easter Egg Hunt in Cape May; and
WHEREAS,
the Kiwanis Club of Cape May provides scholarships, activities and projects
throughout the year which benefit the Cape May area youth.
NOW, THEREFORE, by the virtue of the
authority vested in me as Mayor, I do hereby extend sincere congratulations to
the Kiwanis Club of Cape May on its 85th Anniversary, and ask all of
the citizens of Cape May Point to join me in recognizing the outstanding
contributions made to the Cape-Island community by the members of this
important service organization.
LEGISLATION
RESOLUTIONS
APPOINTING 9 MEMBER PLANNING BOARD IN ACCORDANCE WITH
ORDINANCE 562-09
WHEREAS, Ordinance 562-09 establishes a
nine-member planning board in accordance with the Municipal Land Use Law;
and
WHEREAS, the Board of Commissioners desire to appoint the
following nine individuals to the planning board with terms as specifically
stated.
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 the following individuals are hereby appointed
to the Planning Board of the Borough of Cape May Point effective April 9, 2009
with terms as stated herein:
Name Classification Expiration of Term
Tom Larkin Class
I (Mayor’s designee) April 8, 2010
Dianna Wentick Class
II (Environmental Commission) April
8, 2011
Anita van Heeswyk Class III (Governing Body Member) April 8, 2010
Ann Brecker Class
IV April
8, 2010
Joan Brown Class
IV (School Board member) April 8, 2012
John Henderson Class
IV April
8, 2013
Kathy Hogarty Class
IV April
8, 2010
Joe Westcott Class
IV April
8, 2011
James Dipple Class
IV (Zoning Board member) April
8, 2013
Charles Blackinton Class IV Alternate 1 December
31, 2010
Bob Moffatt Class
IV Alternate 2 December 31, 2009
BE IT FURTHER RESOLVED that all
members will file an oath of office with the Municipal Clerk upon
reorganization of said board.
Commissioner van Heeswyk
made a motion to adopt the above resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER Schupp ABSENT
RESOLUTION
NO. 47-09
A
RESOLUTION STRONGLY OPPOSING THE DECISION TO REMOVE BEACH RENOURISHMENT FUNDING
FROM THE CURRENT ECONOMIC STIMULUS PACKAGE
WHEREAS, the White House Office of Management and Budget has
pulled funding for every beach renourishment project from the Stimulus list
prepared by the Corps of Engineers; and
WHEREAS, at the same time, Governor Jon S. Corzine decided
to reduce funding of New Jersey’s beach renourishment projects from 25 million
to 18.75 million dollars in order to adopt a balanced budget; and
WHEREAS, Governor Corzine justifies this reduction by
claiming “that a law outside of the Appropriations Act, no matter how well
intended, cannot mandate spending from one year to the next” although in many
similar situations the State has argued that a law can in-fact mandate spending
from year to year; and
WHEREAS, the Board of Commissioners of the Borough of Cape
May Point feels that the dedicated State Shore Protection Fund which is funded
by the Realty Transfer Tax has been undermined at a time when the revenue
generated by tourism is desperately needed; and
WHEREAS, the Obama
Administration and Governor Corzine have quickly forgotten the lessons of Hurricanes
Katrina, Rita, Ike and may be putting the lives and property of those in
coastal communities in harms way if coastal storm protection is compromised;
and
WHEREAS, these
proposed cuts to beach renourishment programs could ultimately cost millions in
American taxpayers funds for recovery efforts if a hurricane or northeaster
should hit this environmentally sensitive area; and
WHEREAS,
according to Mark Mauriello, Commissioner of the New Jersey DEP beach
renourishment makes New Jersey better prepared for sea level rise; and
WHEREAS,
President Obama and Governor Corzine must also realize the importance of the
revenue stream generated in New Jersey through tourism which funds many of New
Jersey’s important social service programs and employs thousands of New Jersey
residents; and
WHEREAS, every year, there are over 2 billion visitors to the
America’s beaches and in a time of economic recession, the beach is an even
more desirable destination than other domestic and foreign alternatives; and
WHEREAS, in 2007, beaches contributed $322 billion to the
America’s economy and New Jersey’s 127 miles of beach contributed more than $19
billion (1/2 of the State’s total tourism revenue) in 2008; and
WHEREAS, for every dollar the federal
government spends on beach nourishment, it gets $320 back in tax revenues.
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 they STRONGLY oppose any
cuts to federal or state funding of periodic beach nourishments and STRONGLY
support the use of federal stimulus money to fund the list of projects prepared
by the Army Corps of Engineers.
BE IT FURTHER RESOLVED that a certified copy of
this resolution be forwarded to President Barack H. Obama, Senator Robert
Menendez, Senator Frank Lautenberg, Governor Jon S. Corzine, the Jersey Shore
Partnership, and all New Jersey coastal communities.
Commissioner van Heeswyk
made a motion to adopt the above resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER Schupp ABSENT
RESOLUTION
NO. 48-09
A
Resolution Opposing the Proposed State Budget for the fiscal year 2010
WHEREAS, the Commissioners of the Borough of Cape May Point
have serious concerns with the proposed state budget for the fiscal year 2010;
and
WHEREAS, our 1st Legislative District
representatives also share these same concerns; and
WHEREAS, the proposed budget includes cuts to beach
renourishment funding and the energy receipts tax while utilizing the Real
Estate Transfer Fee (RTF) and Hotel Motel Occupancy Tax to fund this flawed
budget; and
WHEREAS, when the state legislature imposed a tax on hotel
and motel occupancy, the legislature in-turn made a commitment to the citizens
of this great state to promote tourism and bolster the economy so that New
Jersey would not be left a disadvantage with surrounding states; and
WHEREAS, when the state legislature voted
to impose the Realty Transfer Fee (RTF) the legislature similarly promised the
citizens of New Jersey an increase in funding for the preservation of our most
precious natural resource- OUR BEACHES; and
WHEREAS, the citizens of this great state and the Borough
of Cape May Point are tired of broken promises and increasing taxes; and
WHEREAS, our 1st Legislative
District has offered their help in reducing expenses to insure a fair and
balanced state budget; and
WHEREAS, the governing body of this municipality opposes an
cuts to beach renourishment, or tourism funding and respectfully urges Governor
Corzine to reach out to Senator Jeff Van Drew and Assemblymen Matt Milam and
Nelson Albano and take advantage of their offer to help solve the current
budget crisis.
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 they hereby support Senator Jeff Van Drew,
Assemblyman Matt Milam and Assemblyman Nelson Albano and strongly oppose state
budget cuts to beach and tourism funding and also oppose the use of the Reality
Transfer Fee (RTF) and Hotel/Motel Occupancy Tax to increase revenue while
negatively impacting the largest revenue stream in this State- TOURISM
DERIVED FROM OUR BEACHES.
BE IT
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to Governor Jon S. Corzine, Senator Jeff Van Drew, Assemblyman Matt
Milam, Assemblyman Nelson Albano, the Jersey Shore Partnership and all Cape May
County Municipalities.
Commissioner van Heeswyk
made a motion to adopt the above resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER
Schupp ABSENT
RESOLUTION
NO. 49-09
A
RESOLUTION SUPPORTING RENAMING THE ROUTE # 109 CAPE MAY CANAL BRIDGE TO THE
“CAPE MAY COUNTY VETERAN’S MEMORIAL BRIDGE”
WHEREAS, the Cape May 400th Anniversary
Committee and the Cape May County Veteran’s groups have met with Senator Jeff
Van Drew regarding the renaming of the Route #109 Canal Bridge to honor the
veterans of Cape May County; and
WHEREAS, in order to honor these local heroes, Senator Van
Drew has suggested that the bridge be named the “Cape May County Veteran’s
Memorial Bridge”; and
WHEREAS, the Board of Commissioners of the Borough of Cape
May Point agree this is a fitting tribute to our Cape May County veterans and
the 400th Anniversary of Cape may is a proper and fitting time to
honor these brave men and women.
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
they do hereby support the renaming of the Cape May Canal
Bridge to “Cape May County Veteran’s Memorial Bridge.”
BE IT
FURTHER RESOLVED that a certified copy of this resolution be sent to
the Honorable Senator Jeff Van Drew, the Cape May 400th Anniversary Committee, and all Cape
May County municipalities.
Commissioner van Heeswyk
made a motion to adopt the above resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER
Schupp ABSENT
RESOLUTION
NO. 50-09
TAX
REIMBURSEMENT CERTIFICATION FOR RECYCLING
WHEREAS, the Recycling Enhancement Act, P.L. 2007, Chapter
311, has established a recycling fund from which tonnage grants may be made to
municipalities in order to encourage local source separation and recycling
programs; and
WHEREAS, there is levied upon the owner
or operator of every solid waste facility (with certain exceptions) a recycling
tax of $3.00 per ton on all solid waste accepted for disposal or transfer at
the solid waste facility; and
WHEREAS, whenever a municipality operates a municipal
service system for solid waste collection, or provides for regular solid waste
collection service under a contract awarded pursuant to the “Local Public
Contracts Law”, the amount of grant monies received by the municipality shall
not be less than the annual amount of recycling tax paid by the municipality
except that all grant moneys received by the municipality shall be expended
only for its recycling program.
NOW
THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Borough of
Cape May Point of the Borough of Cape May Point, in the County of Cape May and
State of New Jersey that they hereby certifies a submission of expenditure for
taxed paid pursuant to P.L. 2007, Chapter 311, in 2008 in the amount of
$626.22. Documentation supporting this
submission is available at the Municipal Building at 215 Lighthouse Avenue and
shall be maintained for no less than 5 years from this date.
Commissioner van Heeswyk
made a motion to adopt the above resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER
Schupp ABSENT
RESOLUTION
51-09
RESOLUTION
FOR THE APPOINTMENT OF ATTORNEY WITHOUT
WHEREAS, THE BOROUGH OF CAPE MAY POINT, P.O.
Box 490, Cape May Point, NJ 08212 (hereinafter referred to as “Borough
Commission”) desires to retain the services of an Attorney for purposes of
representing it in certain legal matters pertaining to the appeal of taxes for
certain properties in the Borough of Cape May Point; and
WHEREAS, The Borough Commission is
authorized pursuant to N.J.S.A. 40:55D-69 to retain the services of an
attorney; and
WHEREAS, N.J.S.A. 40A:11-5(i)(a) permits
the Borough Commission to award a contract for legal services without public
advertising for bidding in that the services to be rendered are professional
services and are exempted under said law;
and
WHEREAS, Borough Commission desires to
retain MICHAEL DONOHUE, ESQUIRE, of Gruccio, Pepper, DeSanto, & Roth
an attorney-at-law of the State of New Jersey with offices located at 817 East
Landis Avenue in Vineland, New Jersey (hereinafter referred to as “Attorney”).
NOW, THEREFORE, BE IT RESOLVED by the
Commissioners of the Borough of Cape May Point in the County of Cape May as
follows:
1. The Commissioners and Clerk are hereby
authorized and directed to execute the attached Agreement with Michael Donohue,
Esquire.
2. This
Contract is awarded without competitive bidding as a “Professional Service” in
accordance with N.J.S.A. 40A:11-51(i)(a) of the Local Public Contracts Law
because the Contract is for a service performed by a person authorized by law
to practice a recognized profession that is regulated by law.
3.
The amount of said contract shall not exceed $5000.00
and is awarded for one (1) year.
4.
A notice of this action shall be printed once in the April
16, 2009 the official newspaper for the Borough of Cape May Point.
Commissioner van Heeswyk
made a motion to adopt the above resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER
Schupp ABSENT
RESOLUTION
NO. 52-09
Award of
Professional Services Contract for COAH Administrative Services- Triad
Associates
WHEREAS, the Borough of Cape May Point has a specific need
for COAH Administrative Services particularly the creating and publishing of a
written operating manual setting forth procedures for administering
affordability controls for the administration of COAH rental units in the
Borough of Cape May Point; and
WHEREAS, the governing body desires to employ TRIAD
Associates of Vineland, New Jersey to write said operating manual, which shall
include an Accessory Apartment Program, Affirmative Marketing Plan and
Affordability Assistance Program; and
WHEREAS, the maximum amount for the manual preparation
shall not exceed $2,500 and any additional technical services shall be billed
at an hourly rate as stated in the attached contract.
WHEREAS, in accordance with N.J.A.C. 5:30-5.4 the Chief
Financial Officer certifies that the funds will be available in the 2009
Municipal Budget for said services; and
WHEREAS, the
services to be performed by are regulated by a law within the meaning of the
Local Public Contracts Laws (N.J.S. 40:1-1 et seq.) and hence are exempt from
competitive bidding; and
NOW, THEREFORE BE
IT RESOLVED that the Board of Commissioners of the Borough of Cape May
Point authorizes the attached contract with TRIAD Associates as follows:
1. The allegations set forth in the preamble of this
resolution are incorporated herein by this reference thereto.
2. Compensation for COAH Administrative services shall be
on the basis the attached professional contract and payments shall be made by
the Borough of Cape May Point for such services based upon vouchers to be
submitted and approved by the Board of Commissioners.
3. The Mayor and Municipal Clerk are hereby authorized to
execute the attached contract on behalf of the Borough of Cape May Point in
accordance with the terms and provisions of the Local Public Contacts Law.
BE IT
FURTHER RESOLVED that the Municipal Clerk is hereby instructed to
advertise said award of contracts in the Cape May Star and Wave.
Commissioner van Heeswyk
made a motion to adopt the above resolution, which was seconded by Commissioner
Nietubicz. The Municipal Clerk took a
roll call vote as follows:
COMMISSIONER Nietubicz YES
COMMISSIONER van Heeswyk YES
COMMISSIONER
Schupp ABSENT
ORDINANCE
INTRODUCTIONS
PUBLIC PORTION
Sheila Koral of Lighthouse Avenue asked what
the status of the General Store was.
The Board declined comment and directed her to the Zoning Board.
Sarah Jordan asked if the Borough officials
have any comment on the graffiti at the General Store. The Clerk stated that the police were
contacted and are investigating.
Joe Jordan stated that there was a robbery last week on
Whilldin Avenue and warned the audience to lock their doors.
George Stanger of Alexander Avenue requested
that the Board of Commissioners consider improvements to the Alexander Avenue
beach entranceway. He stated that the
other entranceways look great and asked that the borough install the same split
rail fence and use the same uniform design at Alexander Avenue. He presented pictures of the current
appearance of this entranceway.
Sandy Allison agreed with Mr. Stanger’s
comments and added that she feels that Alexander Avenue beach is treated as the
“stepchild” of beaches. She stated that
she has owned a home on Alexander Avenue since 1967. She stated that this has always been the most utilized beach
entrance in the town.
Commissioner Nietubicz stated that he survey the taxpayers
and received a negative response to placing a “Beach Boys” deck in that area of
town. He stated that the I-5 walkway
will be enhanced and split rail fence will be installed when time permits and
the fencing could be purchased.
Joe Jordan stated that the walkways are
being cleared of sand and asked who was doing work. Commissioner Nietubicz stated that the Public Works department
was handling the removal of sand from the walkways.
Megane Smith asked what US Fish and Wildlife
would have to say about work being done at Alexander Avenue, which has been
deemed a “precautionary zone.” The
Clerk state that the Borough’s Beach Management Plan states that the Borough
must notify the US Fish and Wildlife of work being done in the area. Commissioner vanHeeswyk explained that the
area at the toe of the dune is the area of precaution for endangered species.
Sarah Jordan stated that people in the area of Brainard,
Stites and Knox Avenues objected to any decks being built in the area because
they attract young people who make a lot of noise late at night.
Commissioner vanHeeswyk stated that the addition
of decks is unrelated to the maintenance of the beach entranceways.
Malcolm Fraser stated that piper plovers do not
go past the State Park beaches due to the prevailing northwest winds. He wondered why the US Fish and Wildlife
would make Alexander Avenue a “precautionary zone.” The Clerk explained that the Us Fish and Wildlife officials feel
that Alexander Avenue is a suitable habitat for piping plovers and if a piping
plover were to relocate, Alexander Avenue may be utilized for nesting.
Discussion ensued about yard sales and their relationship
to burglaries.
ADJOURNMENT
Upon motion to adjourn
by Commissioner Nietubicz, seconded by Commissioner vanHeeswyk the meeting was
adjourned at 8:31 pm.
ATTEST:
____________________________________ _______________________________
Constance A. Mahon, Municipal Clerk Commissioner
Anita vanHeeswyk
________________________________
Commissioner
Joe Nietubicz
________________________________
Commissioner
Carl Schupp