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, December 10, 2009, 2009 at 7:00 p.m. in the Fire
House Meeting Room at 412 Yale Avenue.
Mayor Carl Schupp 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 PRESENT
The Mayor led the audience in the Flag Salute.
After the Mayor gave a brief explanation of the following ordinance the
Municipal Clerk read the following by title only:
ORDINANCE
NO. 574-09
AN ORDINANCE REVISING AND AMENDING CHAPTER
94 GARBAGE, RUBBISH AND REFUSE- SECTIONS 9,10 AND 24 OF THE REVISED ORDINANCES
OF THE BOROUGH OF CAPE MAY POINT
PUBLIC
PORTION
Sandy Allison made some minor corrections to the Mayor’s comments. He thanked her.
Commissioner
Nietubicz made a motion to approve this ordinance upon final hearing. Commissioner vanHeeswyk seconded the
motion. The Board of Commissioner
answered to the roll call as follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
Commissioner Nietubicz gave an explanation of the following ordinance,
which was subsequently read by the Municipal Clerk by title only:
ORDINANCE
NO. 575-09
AN
ORDINANCE PROHIBING PERSONAL MEMORIALS ON PUBLIC PROPERTY IN THE BOROUGH OF
CAPE MAY POINT
PUBLIC
PORTION
Sandy
Allision asked if the board would consider the
purchase of a particular type of bench for the purpose of memorials. She mentioned that she felt this would help
defray the cost of these expensive items.
Commissioner Nietubicz stated that he would not be willing to allow
memorials due to public input and on advice of the governing body.
Sally
Sachs stated that the Environmental Commission
heard this type of argument several times before and has made the
recommendation to the governing body to eliminate memorials in town at this
time. Commissioner vanHeeswyk stated
that the governing body agrees with the Environmental Commission’s
recommendation. She stated that this
topic has been debated over many years and this decision has been contemplated
heavily.
Megane
Smith stated that she fully supports this
decision. She suggested some other type
of memorial such a scholarship fund.
Commissioner vanHeeswyk suggested planting a tree and recording this
information in a memorial book in honor of someone. Mayor Schupp added that
this ordinance would prevent people in the future from placing unauthorized
memorials in town and most importantly give the governing body the means to
enforce unauthorized memorials.
Commissioner Nietubicz made a motion
to approve this ordinance upon final hearing.
Commissioner vanHeeswyk seconded the motion. The Board of Commissioner answered to the
roll call as follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
MINUTES
Commissioner
Nietubicz made a motion to approve the minutes (as previously read by the
governing body) of the meetings of November 10th, 28th
and 24, 2009. Commissioner vanHeeswyk seconded the motion and the Municipal
Clerk took a unanimous roll call vote.
Commissioner vanHeeswyk 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
TREASURER’S
REPORT- November
REPORTS OF THE
COMMISSIONERS
Commissioner
vanHeeswyk stated that our CFO, Francine Springer took a full time
job as treasurer for Cape May County but offered to continue as our CFO until
we could find a qualified CFO/Treasurer.
She explained that Mrs. Springer’s two half days here at Cape May Point
were reduced to hours that fit her schedule, usually in the evening or on
weekends as of late. Commissioner
vanHeeswyk stated that the reason we could reduce Francine’s hours was because
we hired Susan Jackson, our Tax Collector, to do the Bookkeeping. She commented that Susan has done a
remarkable job for us. Commissioner
vanHeeswyk also stated that Jackie McDevitt our receptionist has picked up some
of the work load, and also has done a wonderful job. Commissioner vanHeeswyk stated that after a
long search and many interviews, we have hired a new CFO-Treasurer who is very
experienced-Judson Moore. She stated
that he will be at borough hall on Tuesdays every week. Commissioner vanHeeswyk added that aside from
an extensive resume, his best reference is from Mayor Schupp who knows him from
JIF. She reported that the net result is
that the Finance department being organized this way will yield a cost savings
of approximately $7,000.00 over the previous years .
Commissioner
vanHeeswyk reported that the Borough spent less money than was expected on our
4-year beach renourishment last year than anticipated. She stated that in order to pay the New Jersey
DEP for the beach work by the Army Corps that was done in the winter and
spring, the Borough had to pay $258,816.70
to the DEP. She stated that we used
$50,000 given to us by Cape May County and bonded for another $200,000. She stated that upon completion of moving all
the sand, restructuring the three beaches and designing and building the steps
at Cape Avenue, the final financial accounting was done and the NJ DEP refunded
us $196,944.61 for an actual cost of $11,872.09! Commissioner vanHeeswyk stated
that it is her intention to use the refund to pay the bond. She stated that she desires to move toward
building up a reserve fund for future beach replenishment projects so we do not
have to bond large amounts every four years.
Commissioner
vanHeeswyk reported that planner, Sally Birdsall will have a second draft of
the Chapter 150 clarifications and updates to us and the Planning Board will
review them before the governing body adopts it.
She
reported that 2010 is a Census year. Commissioner
vanHeeswyk stated that Cape May Point has been assigned special census counters
who will go house to house beginning in April, returning as many times as it
takes to make contact up to July. She
explained that if you will be away you can wait to be counted in Cape May Point
and added that a citizen’s primary residency or where you vote has no bearing
on where he/she is counted. She
explained that choosing to be counted here brings approximately $10,000 per
person into Cape May County and can possibly help Cape May Point with grants
and influence in Trenton.
Commissioner
vanHeeswyk stated that although a Rutgers economist who spoke at a League event
last month painted a very bleak picture for the next several years for
municipalities and the economy in general, we here are obviously living in a
bubble here in Cape May Point. She explained that in this country 1 in 9 are
unemployed or underemployed and 1 in 8 Americans are on food stamps. She stated that although home foreclosures
have leveled off, the commercial market
is expected to be the next foreclosure crunch.
Commissioner vanHeeswyk stated that against this picture we here in Cape
May Point have experienced no foreclosures, several recent home sales and a tax
payment rate of nearly 99%. She wished
everyone joyous holidays and a New Year of bubbles!
Commissioner
Nietubicz
stated that safety is a tough issue to quantify – to determine value. He stated that safety is counted in terms of
“what didn’t happen” and how much that saved you. He elaborated that it is like trying to
figure out why nobody broke into your house last night and how much did that
save you? Commissioner Nietubicz stated
that IDA, the Nor’easter, was that rare opportunity to look at what we did in
the past and draw a direct line to what it saved us and draw an inference to
cost savings. Commissioner Nietubicz stated
that “IDA’easter” is supposed to have been worse than the ’92 storm. He stated that it is classified as one of the
worse five storms of this young century and fortunately Cape May Point did not
suffer its effects. He stated that while
we sat under that storm for five days, all we got was five days of rain and
wind. He cited several precautionary
measures that Cape May Point has taken which lessened the effects of this
storm: 1. The Army Corps and their dune fortification and beach re-nourishment
keep the sea water out. 2. Our much maligned Landscape Ordinance with its 60%
open area drank up the rain water 3. The adult trees and mature bushes were a
wind-break. Nobody had to replace roof
shingles or windows blown out or broken windows or siding striped off. 4. Drainage
West and the storm drain system and Lake Lily keep rain water from collecting. Commissioner
Nietubicz stated that while the Borough of Cape May Point had no problems other
towns in South Jersey were looking for money and cleaning up just after the sun
came up the very next day. He added that
it was business as usual for us and that
we had no “clean up” to speak of. He
finally commented that cost savings can be counted in terms of you NOT having
to reach for your wallet – of the Borough NOT having to spend money to FIX or
replace anything!
Mayor
Schupp stated that the Cape May Point Taxpayers’
Newsletter and their current website contains the names of individuals or
organizations who will move trash and recycle containers out on Sunday and
replace them on Monday. He stated that,
on the advice of counsel, he could not give that information to the
public.
Mayor Schupp stated that South Jersey Gas
recently mailed postcards to residents asking for their opinion on extending
natural gas service to the Borough of Cape May Point. He offered to keep the citizens abreast of
any information regarding this as soon as it becomes available.
Mayor Schupp announced that the Cape May
County MUA would be offering Christmas Tree mulch to county residents for free
beginning February 6, 2010 during normal business hours at the Tranfer Station
in Burleigh and Landfield Complex in Woodbine.
None
None
RESOLUTIONS
RESOLUTION
NO. 98-09
AWARD
OF CONTRACT FOR 2 BEACH UTILITY VEHICLES
WHEREAS, sealed
bids were received and read publicly on November 24, 2009 at 1:00 pm for the
purchase of two 4 x4 Polaris Ranger Utility Vehicles; and
WHEREAS, the
following bid was received and analyzed by the Borough Administrator who has
determined that said bid is complete:
Contactor Vehicle
1 Vehicle 2
Atlantic City Cycle Center $11,750.00 $10,500.00
And;
WHEREAS, the Board
of Commissioners of the Borough of Cape May Point has determined that the
lowest bidder for the two beach utility vehicles is Atlantic City Cycle Center;
and
WHEREAS, Atlantic
City Cycle Center’s bid is fully compliant with the bid specifications set
forth herein and the Local Public Contracts law (NJSA 40A:11-4a.).
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 award of said contract is hereby
made to Atlantic City Cycle Center in the amount of $22,250.00 for 2 utility
vehicles.
BE IT FURTHER RESOLVED,
that the Mayor and Municipal Clerk are hereby authorized and directed to
execute the attached contract.
Commissioner
Nietubicz made a motion to approve this resolution. Commissioner Schupp seconded the motion. The Board of Commissioners answered to the
roll call as follows:
Commissioner Nietubicz 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:
Public
Works Buildings and Grounds 2,500.00
Financial
Administration OE 200.00
TOTAL $2,700.00
TO:
Engineering OE 2,500.00
Tax Assessor OE 200.00
TOTAL $2,700.00
Commissioner vanHeeswyk made a motion
to approve this resolution. Commissioner
Nietubicz seconded the motion. The Board
of Commissioners answered to the roll call as follows:
Commissioner Nietubicz YES
RESOLUTION 101-09
TEMPORARY
BUDGET 2010
WHEREAS, it is
necessary for the Borough of Commissioners of the Borough of Cape May Point to
provide for the payment of bills for the operation of the Borough of Cape May
Point until such time as the permanent budget can be adopted; and
WHEREAS, under the
laws of the State of New Jersey, P. 14:4-2 it is provided that a temporary
budget for the year 2010 be and is hereby provided;
NOW THEREFORE BE IT RESOLVED,
that the Board of Commissioners of the Borough of Cape May Point, County of
Cape May, State of New Jersey do hereby authorize the Temporary Budget for the
year 2010 as annexed hereto and made part hereof by reference as if fully set
forth.
Commissioner vanHeeswyk made a motion
to approve this resolution. Commissioner
Nietubicz seconded the motion. The Board
of Commissioners answered to the roll call as follows:
RESOLUTION
NO. 102-09
APPOINTING A NEW WATER SUPERTINTENT
WHEREAS,
David A. Carrick the current licensed Water Superintendent has announced his
retirement; and
WHEREAS,
state law requires that all water & sewer utilities employ a New Jersey
licensed superintendent for both the water distribution system as well as the
Borough-wide sewage collection system; 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 David S. Carrick C-1 License #0019392 and W-1 License #0029516 is
hereby appointed to the position of Superintendent of the Cape May Point Water
& Sewer Utility effective January 1, 2010.
Commissioner Nietubiczk made a motion
to approve this resolution. Commissioner
Schupp seconded the motion. The Board of
Commissioners answered to the roll call as follows:
Commissioner Nietubicz YES
Commissioner vanHeeswyk YES
Commissioner Schupp YES
RESOLUTION
NO. 103-09
Resolution
Opposing A-3119 Granting Greater Power to the Local Unit Alignment
Reorganization and Consolidation Commission
WHEREAS,
A-3119 sponsored by Speaker Roberts proposes to grant greater powers to the
Local Unit Alignment, Reorganization and Consolidation Commission while
renaming the Commission in honor of the
late Assembly Speaker Karcher, who was a strong proponent of property tax
relief; and
WHEREAS,
while the Board of Commissioners agrees in honoring the late Speaker Karcher
for his efforts, the governing body strongly opposes Section 6 of this bill,
which would impose serious financial hardships on voters who democratically
reject a Commission proposed consolidation; and
WHEREAS,
those same voters would be denied the benefit of Consolidated Municipal
Property Tax Relief Act (CMPTRA) funding for a period of five (5) years, and
would be denied full revenue replacement funding for another five (5) years
after that; and
WHEREAS,
passage of Assembly Bill 3119 would on one hand allow the voters of the State
of New Jersey to express their will by voting, but on the other hand, inform
those same voters that they will be punished if their will does not comply with
that of the majority of the appointed members of the Local Unit Alignment,
Reorganization and Consolidation Commission; and
WHEREAS,
it is the belief of this governing body that all taxpaying citizens in the
State of New Jersey must be allowed to determine the future government of their
own communities and be assured equitable access to the benefits secured by
their own tax dollars; and
WHEREAS,
the governing body of this municipality strongly believes that an increase in
power that should be permitted to the Local Unit Alignment, Reorganization and
Consolidation Commission is the ability to break larger inefficient
municipalities into smaller more efficient entities; and
WHEREAS,
Board of Commissioners of the Borough of Cape May Point (a plan endorsed
community) strongly believe that no municipality that has achieved plan
endorsement under the New Jersey State Development and Redevelopment Plan
should be forced to consolidate with any municipal entity that has not achieved
said plan endorsement.
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 Assembly Bill A-3119 and urge their District 1
legislators to vote against this proposal.
BE
IT FURTHER RESOLVED that the Municipal Clerk is hereby
instructed to send a certified copy of this resolution to Senator Jeff Van
Drew, Assemblyman Matt Milam, Assemblyman Nelson Albano, Assemblyman Roberts,
the New Jersey League of Municipalities and all Cape May County municipalities.
Commissioner vanHeeswyk made a motion to
approve this ordinance upon introduction.
Commissioner Nietubicz seconded the motion. The Board of Commissioner answered to the
roll call as follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
RESOLUTION
NO. 104-09
WHEREAS, N.J.S.A.
40A:9-140.1 et seq. states that in every municipality there shall be a Chief
Financial Officer appointed by the governing body of the municipality;
WHEREAS,
Francine B. Springer who has served the Borough of Cape May Point for 7-years
has resigned; and
WHEREAS, the
governing body desires to appoint Judson Moore, Jr., as Treasurer/Chief
Financial Officer for the Borough of Cape May Point as pursuant to NJSA
40A:9-140.1. The term of this
appointment is for four years commencing January 1, 2010.
NOW
THEREFORE BE RESOLVED that Judson Moore, Jr. is hereby
appointed as Treasurer/ Chief Financial Officer effective January 1, 2010 at a
salary of $20,000 per year.
Commissioner vanHeeswyk made a motion to
approve this ordinance upon introduction.
Commissioner Nietubicz seconded the motion. The Board of Commissioner answered to the
roll call as follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
RESOLUTION
NO. 105-09
WHEREAS,
said Agreement allows each participating municipality to appoint an advisory
board member to represent his/her municipality;
WHEREAS, the
governing body desires to re-appoint Commissioner Joe Nietubicz to continue to
represent the Borough of Cape May Point in this capacity.
NOW
THEREFORE BE RESOLVED that Joseph Nietubicz is hereby
re-appointed as Cape May County Animal Shelter Advisory Board Member effective
January 1, 2010.
Commissioner vanHeeswyk made a motion to
approve this ordinance upon introduction.
Commissioner Nietubicz seconded the motion. The Board of Commissioner answered to the
roll call as follows:
Commissioner Nietubicz YES
Commissioner
Schupp YES
ORDINANCE INTRODUCTIONS
None
PUBLIC PORTION
Tom Graham asked
the Mayor if South Jersey Gas is truly interested in bringing natural gas to
Cape May Point. The Mayor responded that the governing body
met with representatives of South Jersey Gas at which time they expressed
interest.
Sandy Allison presented
a proposal from the residents of Alexander Avenue to the governing body to restore
the Alexander Avenue beach entrance area.
She read a prepared letter introducing the proposal.
She also commented on the beautiful lights in the Pavilion Circle.
Commissioner
vanHeeswyk asked that the Environmental Commission review the proposal prior to
the next borough meeting and report back to the Commissioners.
Skip Stanger stated
that Alexander Avenue’s beach entrance does not measure up to the standards of
other beach entrances in Cape May Point and asked that the governing body
seriously consider this proposal as presented.
Tom Seigal asked
for clarification on the salaries of the Risk Management Consultant and the
Water/Sewer Superintendent.
ADJOURNMENT
Upon
motion to adjourn by Commissioner Nietubicz, seconded by Commissioner vanHeeswyk
the meeting was adjourned at 7:50 pm.
ATTEST:
____________________________________ _______________________________
Constance A. Mahon, Municipal Clerk Commissioner
Anita vanHeeswyk
________________________________
Commissioner
Joe Nietubicz
________________________________
Commissioner
Carl Schupp