June 15, 2006 Regular Council Meeting

 

 

CITY COUNCIL MEETING MINUTES

THURSDAY, JUNE 15, 2006 - 6:00 P.M. - COUNCIL CHAMBERS

 

 

ATTENDANCE:

Mr. Alessandrine, Mr. Carnuccio, Mr. Denney, Mr. Johnson, Mr. Wagner and Mr. Thomas.  Also attending was Mayor Knight, Administrator Mr. Deaney and Solicitor, Mr. Corcoran.  ABSENT:  Mr. McCall.

 

Council President Thomas called the meeting to order announcing that council will be going directly into closed session and will reconvene at 7:00 p.m. in open session.

 

RESOLUTION 06-43-136(#1) - A Resolution Authorizing a Closed Executive Session for the Purpose of Discussing Contract Negotiations (Cable Franchise Renewal).  The clerk read the resolution by title.  Mr. Thomas then asked for a motion to approve resolution #1 and go into closed session.  Motion moved. by Mr. Johnson and seconded by Mr. Wagner. All ayes followed and the meeting adjourned into closed session.

 

Mr. Thomas called the meeting back to order in open session at 7:00 p.m.  He asked everyone to rise for a flag salute and prayer.  He also announced that the meeting had been advertised in accordance with P.L. 1975, Chapter 231.

 

Mr. Thomas next announced that Resolution #2 would be removed from the agenda due to the lack of a full council.

 

Mr. Thomas then asked Mr. Corcoran to address Ordinance 06-19.  Mr. Corcoran advised that he was asked to legally review the ordinance just last week and he has determined there are legal deficiencies.  The major problem is that there is no enabling legislation giving municipalities this authority, but more importantly, there is no legislation allowing for the dedicated trust fund that is proposed.  He explained that the State has certain criteria on how tax dollars can be spent and budgeted for, therefore he believes this proposed ordinance is not a legal document.

 

CITIZEN COMMENT:

Robert Gillinder-605 Chelsea Pl:  Expressed opposition to the surf beach at Waverley.

Robert Miller-57 Central Rd:  Criticized council for not supporting the CWA contract.

Mac McCarthy-Haven Ave:  Expressed disappointment over Mr. Corcoran’s opinion of Ordinance 06-19.

Jim Houck-336 W. Surf Rd:  Urged council to petition the State to allow municipalities to adopt Ordinances like 06-19.

Bud Miller-Tioga Terr:  Criticized council for not supporting the CWA contract.

Shawn O’Brien-947 Central Ave:  Opposed Ordinance 06-14 and complained about the noise of the church bells at his home.

Kier Fenichel-2117 Bay Ave:  Urged council to petition the State to allow municipalities to adopt Ordinances like 06-19.

E. Barry Dutton-422 Gardens Pkwy:  Complained about the size of the agenda surfers on dunes, sinkhole areas at the Yacht club and the deputy fire chief parking at yellow curb lines. 

Jim Tweed-1512 Wesley Ave:  Stated that Paul Ryan, Esq. the author of ordinance 06-19 says it’s legal and he urged council to adopt it and let it go to court to let a judge decide.

Marie Tomlinson-1244 Asbury Ave:  Expressed support of ordinance 06-19.

Steven Fenichel-2117 Bay Ave:  Expressed support of ordinance 06-19 and stated council is depriving the people if it votes no.

Georgina Shanley-2117 Bay Ave:  Expressed support of ordinance 06-19.

Michael Diamond, Esq., Atlantic City:  Agreed with Mr. Tweed, that a court of law should decide the ordinances legality.

 

Mr. Thomas then asked for a motion to approve the minutes of the 5/25/06 regular meeting.  Motion moved by Mr. Wagner and seconded by Mr. Carnuccio.  All ayes followed except Mr. Johnson abstained.

 

REPORTS:

Mayor Knight read a Proclamation declaring June 21, 2006 as International Surf Day.  He then presented the Proclamation to resident surfer Steve Mullen who announced a surf contest on that date at the 59th Street Beach.

 

Police Chief Blevin next received State Accreditation for the Ocean City Police Department from Mitchell Sklar, Executive Director of the N.J. State Association of Chiefs of Police>  He explained that New Jersey is one of only 2 states that have national status.  He added that Ocean City is one of only 10 municipalities that have succeeded in being accredited. 

 

ORDINANCES - Introduction and First Reading:

Mr. Thomas asked for a motion to introduce ordinance 06-15 for first reading.  Motion moved by Mr. Wagner and seconded by Mr. Carnuccio.  All ayes followed.  The clerk read the ordinance by title:  06-15 - An Ordinance Amending and Supplementing Section 25-1200 of the Revised General Ordinances of the City of Ocean City.  Mr. Corcoran gave an overview of the ordinance that would require zoning compliance when a property changes hands.  He added that the Board of Realtors Directors have accepted it, however, it will go before the entire membership and a final report will be issued.  He asked Council to review Section D and call him with any questions.  There was much discussion regarding dissemination of the new law to the realtors, title companies and general public.

 

Mr. Thomas then asked for a motion to adopt ordinance 06-15 on first reading and publish according to law.  Motion moved by Mr. Johnson and seconded by Mr. Denney.  All ayes followed.

 

Mr. Thomas asked for a motion to introduce ordinance 06-16 for first reading.  Motion moved by Mr. Carnuccio and seconded by Mr. Wagner.  All ayes followed.  The clerk read the ordinance by title:  06-16 - An Ordinance Amending and Supplementing Section 10-3.4 of the Revised General Ordinances of the city of Ocean City.  Mr. Corcoran explained that this amends the background check requirements to include additional titles. 

 

Mr. Thomas then asked for a motion to adopt ordinance 06-16 on first reading and publish according to law.  Motion moved by Mr. Wagner and seconded by Mr. Denney.  All ayes followed.

 

Mr. Thomas asked for a motion to introduce ordinance 06-17 for first reading.  Motion moved by Mr. Johnson and seconded by Mr. Wagner.  All ayes followed.  The clerk read the ordinance by title:  06-17 - An Ordinance Amending Section 7-19 of the Revised General Ordinances of the City of Ocean City.  Mr. Hansen explained that this will prohibit advertising on city parking lots. 

 

Mr. Thomas then asked for a motion to adopt ordinance 06-17 on first reading and publish according to law.  Motion moved by Mr. Wagner and seconded by Mr. Alessandrine.  All ayes followed.

 

Mr. Thomas asked for a motion to introduce ordinance 06-18 on first reading.  Motion moved by Mr. Alessandrine and seconded by Mr. Carnuccio.  All ayes followed.  The clerk read the ordinance by title:  06-18 - An Ordinance Amending and Supplementing Chapter XVII, “Streets, Sidewalks and Sanitation” of the Revised General Ordinances of the City of Ocean City.  Mr. Corcoran explained that this will amend the street opening ordinance.  He stated that the moratorium will be reduced from 5 years to 2 years; the restoration requires are more stringent to improve the quality of the pot holes and the significant increase in fees are designed to help the city supplement it’s aggressive road and drainage improvement capital plan.   To that end, Mr. Corcoran suggested an amendment to 17-1.10 a. VII stating that the fees will be utilities to supplement the on-going capital plan improvement.

 

There was much discussion among council and many questions that were answered by Mr. Savastano.  Mr. Corcoran added that the utility companies have all been notified, but that the administration continues to meet with them. 

 

Mr. Thomas then asked for a motion to amend ordinance 06-18 as indicated by Mr. Corcoran.  Motion moved by Mr. Johnson and seconded by Mr. Alessandrine.  All ayes followed.  Mr. Thomas next asked for a motion to adopt ordinance 06-18 on first reading as amended.  Motion moved by Mr. Denney and seconded by Mr. Wagner.  All ayes followed.

 

Mr. Thomas announced that second reading and public hearing for ordinances 06-15, 06-16, 06-17 and 06-18 will be at the June 29, 2006 regular meeting.

 

An Ordinance Adding a New Part IX to Chapter II of the Revised General Ordinances of the City of Ocean City:  The Fair and Clean Public Financing of Elections Ordinance of 2006

 

Mr. Corcoran then reiterated his legal opinion relating to ordinance 06-19.  Mr. Wagner then made a motion to introduce ordinance 06-19 for first reading.  Mr. Alessandrine seconded the motion.  Vote:  Mr. Alessandrine, Mr. Carnuccio and Mr. Wagner - aye.  Mr. Denney, Mr. Johnson and Mr. Thomas - no.  The motion failed. 

 

There was much discussion among council members regarding urging the State legislations to provide enabling legislation or allowing another pilot program at the municipal level.  Mr. Thomas indicated he would send a letter with the ordinance to the State Legislators and Mr. Corcoran agreed to draft a resolution for the next agenda.

 

ORDINANCES - Second Reading and Public Hearing:

Mr. Thomas asked for a motion to take up ordinance 06-12 for second reading and public hearing.  Motion moved by Mr. Carnuccio and seconded by. Mr. Johnson.  All ayes followed.  The clerk read the ordinance by title:  An Ordinance Establishing and Fixing Salary Ranges and Salary Increments for Certain Full-Time and Part-Time Employees of the City of Ocean City, New Jersey.  Mr. Deaney explained that this represents the negotiated salaries as outlined in the contracts for the Police and Fire Chiefs.

 

PUBLIC COMMENT:

Jim Tweed-1512 Wesley Ave:  Expressed his concerned with the high salaries

 

Mr. Thomas then asked for a motion to adopt ordinance 06-12 on second reading.  Motion moved by Mr. Johnson and seconded by Mr. Denney.  All ayes followed.

 

Mr. Thomas asked for a motion to take up ordinance 06-13 for second reading and public hearing.  Motion moved by Mr. Johnson and seconded by Mr. Carnuccio.  All ayes followed.  The clerk read the ordinance by title:  A Capital Ordinance Appropriating $928,920.00 For The Various Improvements or Purposes Authorized to Be Undertaken By The City of Ocean City, New Jersey.  Mr. Hansen explained that this is in conjunction with the dollars received by the county for the same amount.

 

PUBLIC COMMENT:  There was no public comment on ordinance 06-13.

 

Mr. Thomas then asked for a motion to adopt ordinance 06-13 on second reading.  Motion moved by Mr. Johnson and seconded by Mr. Carnuccio.  All ayes followed. 

 

Mr. Johnson stated that he has received several calls regarding ordinance 06-14 and he would like time to find out more.  He then made a motion to table ordinance 06-14 to the meeting of 6-29-06.  There was no second to the motion.  Mr. Thomas asked for a motion to take up ordinance 06-14 for second reading and public hearing.  Motion moved by Mr. Carnuccio and seconded by Mr. Wagner.  All ayes followed.  The clerk read the ordinance by title:  An Ordinance Amending and Supplementing Section 4-15 “Noise: Disturbing the Peace” of the Revised General Ordinances of the City of Ocean City.  Mr. Corcoran stated that this ordinance regulates the time and frequency church bells may ring.  He went on to suggest an amendment that would make it in accordance with State Statute.

 

PUBLIC COMMENT:

John O’Brien-947 Central Ave:  Stated that the church bells near his son’s home are offensive.

Kathy Gill-13th St:  Stated that the church has been there for over 80 years and Mr. O’Brien moved there knowing it was next to a church.

Sean O’Brien-947 Central Ave:  Reiterated his previous complaints about the loud church bells near his home and doesn’t support an ordinance allowing the noise.

Rich Deaney, Gardens Pkwy:  As a member of the Board of Directors for the O.C. Tabernacle, he assured council the membership is aware of the ordinance and is supportive.

 

Mr. Thomas then asked for a motion to amend the ordinance as proposed by Mr. Corcoran.  Motion moved by Mr. Wagner and seconded by Mr. Alessandrine.  All ayes followed.  Mr. Thomas then asked for a motion to adopt ordinance 06-14 as amended on second reading.  Motion moved by Mr. Wagner and seconded by Mr. Alessandrine.  All ayes followed.

 

ORDINANCES - Second Reading and Public Hearing, As Amended:

Mr. Thomas asked for a motion to take up ordinance 06-07 for second reading and public hearing.  Motion moved by Mr. Alessandrine and seconded by Mr. Carnuccio.  All ayes followed.  The clerk read the ordinance by title:  An Ordinance Amending and Supplementing Section 25-107 and 25-1500.1 of the Revised General Ordinances of the City of Ocean City.  Mr. Corcoran explained that this is the change-in-use ordinance that was amended at the last meeting to remove the transient clientele section.  He added that the Planning Board has agreed to study the issue and come back with a recommendation. 

 

PUBLIC COMMENT:  There was no public comment on amended ordinance 06-07.  

 

Mr. Thomas then asked for a motion to adopt ordinance 06-07 as amended on second reading.  Motion moved by Mr. Wagner and seconded by Mr. Carnuccio.  All ayes followed. 

 

RESOLUTIONS - CONSENT AGENDA:

The Clerk read the resolutions by title.

#2 - Removed from the agenda at the meeting

06-43-139(#5)-A Resolution by the City of Ocean City Police Department Requesting that the New Jersey Department of Transportation Take Immediate Action to Prohibit Pedestrians from Crossing the Route 52 Bridge Causeway

06-43-140(#6)-A Resolution Authorizing Advertisement of Bids for City Contract No. 06-05 - Digital Recording Production Services for City Council & the Board of Education Meetings, Workshops and Special Events

06-43-143(#9)-A Resolution Authorizing Award of City Contract 06-22 - Supply & Delivery of Lumber & Piling

06-43-144(#10)-A Resolution Authorizing Award of City Contract Q06-019 - Acquisition of Four (4) New, Powered Ambulance Cots

06-43-145(#11)-A Resolution Authorizing Award of City Contract Q06-018 - Acquisition of Two (2) New, Thermal Imagers

06-43-148(#14)-A Resolution Authorizing the Application for the Execution of a Subcontract with the County of Cape May for the Upper Township/Ocean City Municipal Alliance Program

06-43-149(#15)-A Resolution Authorizing a Professional Service Contract with Mullian & Lonergan Associates, Inc. for Preparation of a Consolidated Plan - Annual Action Plan in Accordance with the United States Department of Housing and Urban Development, Community Development Block Grant Program

06-43-150(#16)-A Resolution Authorizing the Payment of Claims

06-43-151(#17)-A Resolution Authorizing the Release of a Performance Guarantee for a Construction Project at 1040 Asbury Avenue, Block 1005, Lot 23, Project #05-022PSPP

06-43-152(#18)-A Resolution Authorizing the Release of a Performance Guarantee for a Construction Project at 5501 Haven Avenue, Block 5504, Lot 11, Project #02-087Z

06-43-153(#19)-A Resolution Authorizing the Release of a Performance Guarantee for a Construction Project at 1038 Asbury Avenue, Block 1005, Lot 22, Project #05-003PSPP

06-43-154(#20)-A Resolution Approving Tax Overpayment Refunds - 2006-40 to 42

 

Mr. Thomas asked for a motion to approve Resolutions, #2, #5, #6, #9, #10, #11, and 14. #15, #16, #17, #18, #.19 and #20.

 

RESOLUTIONS - NON-CONSENT AGENDA:

The clerk read the resolutions by title.

06-43-137(#3)-A Resolution Authorizing Execution of an Employment Agreement with Robert E. Blevin, Jr., Police Chief, Police Services

06-43-138(#4)-A Resolution Authorizing Execution of an Employment Agreement with Joseph S. Foglio, Fire Chief, Fire and Rescue Services

Mr. Alessandrine stated he was supportive of the contracts due to the insertion of goals/objectives, a long-time request of the council.

 

06-43-141(#7)-A Resolution Authorizing Advertisement of Bids for City Contract No. 06-27 - Replacement of the HVAC System at the Ocean City Civic Center

06-43-142(#8)-A Resolution Authorizing Advertisement of Bids for City Contract No. 06-28 - Replacement of the Ocean City Civic Center Roof & Exterior Skin. 

Mr. Wagner asked for an explanation of the projects.  Mr. Savastano gave a complete overview.

 

06-43-146(#12)-A Resolution Authorizing Award of City Contract Q06-024 - Acquisition and Supply of Four (4) 4x4 All Terrain Vehicles (ATV).  Mr. Alessandrine asked for an explanation of the police use and need.  Police Chief Blevin responded to his questions.

 

06-43-147(#13)-A Resolution Authorizing Award of Additional Alternates to City Contract 06-26, Tennessee Avenue Soccer Complex, Phase II.  Mr. Savastano gave an overview of the project as requested by Mr. Wagner.

 

PUBLIC COMMENT - Resolutions #3, #4, #7, #8, #12 & #13:  There was no public comment on the resolutions.

 

Mr. Thomas then asked for a motion to approve resolutions #3, #4, #7, #8, #12 & #13.  Motion moved by Mr. Johnson and seconded by Mr. Carnuccio.  All ayes followed.

 

PENDING BUSINESS:

Mr. Alessandrine asked for an update on the Rt. 52 activity relating to speeding tickets, etc.  Mr. Deaney indicated that Chief Blevin would be providing a monthly report.

 

NEW BUSINESS:

There was no new business.

 

CITIZEN COMMENT:

There was no citizen comment.

 

Mr. Thomas then asked for a motion to adjourn.  Motion moved by Mr. Alessandrine and seconded by Mr. Denney.  All ayes followed and the meeting adjourned at 10:40 p.m.

 

 

 

_____________________

Cindy Griffith, City Clerk

 

June 15, 2006 Regular Council Meeting
Published by ClerkBase
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