MINUTES OF THE REGULAR MEETING OF MAYOR AND COUNCIL OF THE BOROUGH OF STONE HARBOR HELD IN THE MUNICIPAL BUILDING,
August 16, 2016
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The meeting was called to order by Mayor Walters at 4:30 p.m.
ROLL CALL PRESENT
Councilmembers
Suzanne M. Walters, Mayor Joan Kramar
Karen Lane, Council President
Suzanne C. Stanford, Borough Clerk Joselyn Rich
Marcus Karavan, Solicitor Judy Davies-Dunhour
Jim Craft Mantura Gallagher
Jill Gougher, Administrator Barry D. Mastrangelo
Mayor Walters announced that the meeting was now open. Adequate notice of the meeting was provided by posting a copy of the time and place on the Municipal Clerk’s bulletin board and mailing a copy of same to the Press and the Cape May County Herald on January 8, 2016.
SALUTE TO THE FLAG
PRESENTATION – Dan MaGuire of Itron Water Supply Co. made a presentation concerning a new meter system that the Borough is planning to put into the 2017 budget. This system will allow the Borough to operate with greater efficiency and fewer labor hours while maintaining better control of any leaks. It will also allow homeowners to monitor their own usage.
REVERTER HEARING Mayor Walters explained that this reverter clause was something put into the deeds of a number of properties that the Borough sold from 117th street south during the 1970’s. It basically says that if the property is made larger or smaller the ownership reverts back to the Borough. We have had a request from Jon Batastini Esq. representing the owners to have the clause removed from Block 120.02 L 108 (Janet K. Marshall) and Block 120.2 Lot 109 (Martin H. & Janet K. Marshall). The time, place and reason for this hearing was published on July 30 and August 6, 2016 in the Atlantic City Press.
Mayor asked if there was anyone to speak against removing the reverter clause.
Mayor asked if there was anyone to speak for removing the reverter clause.
No one spoke.
RESOLUTION 2016-S-144- (Reverter)
Upon motion of Councilmember Barry D. Mastrangelo
Seconded by Councilmember Joan Kramar
RESOLUTION RELEASING REVERTER CLAUSES ON
BLOCK 120.02, LOT 108 AND BLOCK 120.02, LOT 109
IN THE BOROUGH OF STONE HARBOR
WHEREAS, the Borough of Stone Harbor in the County of Cape May and State of New Jersey, placed certain reverter clauses into deeds to properties that were sold at auction over the course of several decades culminating in the 1980’s; and
WHEREAS, the reverter clauses called for the reversion of ownership back to the Borough if such lots were increased or reduced in size; and
WHEREAS, the Borough Council has found that the legislative record is absent any statement of the intention for these clauses and that the Borough does not wish to interfere with property rights with regard to these properties nor produce results that would likely lead to litigation over the language and intent of the clauses and further has found that modern zoning capabilities were not well established at the time of the auctions and utilization of the modern Municipal Land Use Law will allow for any concerns to be addressed moving forward; and
WHEREAS, these lots were sold by the Borough in the South End from approximately 113th Street to 122nd Street; and
WHEREAS, the Borough Council has determined to release these reverter clauses and leave any planning or zoning concerns to the appropriate land use board; and
WHEREAS, the Borough is in the process of creating a definitive listing of all properties so situated and move forward with a blanket removal of said clauses in the near term; and
WHEREAS, in the interim there has been a request for the removal of two such clauses by the owners of Block 120.02, Lot 108 and Block 120.02, Lot 109 which were recorded in deeds with the Cape May County Clerk’s Office in Deed Book 1295, page 380 and Deed Book 1294, page 588; and
WHEREAS, the clauses in the deeds of conveyance related to these properties state: This lot shall be considered as one entire parcel of land which may be used only for such use purposes as specified by the Borough's Zoning Ordinance provisions applicable to the zone wherein the land is situated, The lot shall not be increased or decreased in size; and, no license, easement, right of way or other uses shall be permitted or created by the purchaser and any subsequent owners. Any conveyance which would increase or decrease the size of a lot shall automatically cause the title to the entire lot to revert to the Borough; and
WHEREAS, N.J.S.A. 40:60-51.2, states: Any municipality is authorized….to waive, release, modify or subordinate any …reverters imposed in sales and conveyances of lands…but only after public hearing held before such governing body describing the lands in question…and the reverters to be waived…shall first have been given by advertisement published once each week for two weeks in a newspaper published in said municipality …..however, that the power herein granted shall not be exercised to impair any vested or contractual rights of third parties.; and
WHEREAS, the Borough Clerk has duly advertised a notice of hearing on the removal application in accordance with the statute, on July 30 and August 6, 2016 proof of which is on file with the Borough Clerk’s Office; and
WHEREAS, on August 16, 2016, the Borough Council of the Borough of Stone Harbor conducted a hearing on the application to remove these reverters and the applicants were represented by Jon Batistini, Esquire, who appeared on their behalf and the matter was opened to any persons wishing to speak in favor of or against the application; and
WHEREAS, the Borough Council considered the application as well as any comments for or against at the time of said hearing; and
WHEREAS, there appears to be no third party or parties whose vested or contractual rights would be impaired by the release of these reverter clauses; and
WHEREAS, the Borough Council has determined to release these and similar reverter clauses upon the aforementioned lots auctioned by the Borough several decades ago;
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stone Harbor duly assembled in public session this 21st day of April, 2015, as follows:
1. That the preamble of this Resolution is hereby incorporated by reference and adopted as the finding-of-fact of the Borough Council:
2. That, in accordance with N.J.S.A. 40:60-51.2, the Borough of Stone Harbor hereby releases the aforementioned reverter clauses on Block 120.02, Lot 108 and Block 120.02, Lot 109 which were recorded in deeds with the Cape May County Clerk’s Office in Deed Book 1295, page 380 and Deed Book 1294, page 588.
3. That recordation of this Resolution by the applicant is hereby authorized.
Vote 6 Councilmembers AYE
MOTION CONCERNING THE MINUTES
Upon motion of Councilmember Karen Lane
Seconded by Councilmember Joselyn O. Rich
Since all members of Council have been provided with a copy of the minutes of the Regular Meeting of July 19, and the Work Session of August 2, 2016, if there are no further additions or corrections, I move we dispense with the reading of the minutes and that they be approved.
Vote 6 Councilmembers AYE
REPORTS OF COMMITTEES AND OFFICERS
Public Safety Committee
Monthly Report
Tuesday, August 16, 2016
The regular meeting of the Public Safety Committee was held on Thursday, August 11.
The Court Administrator reported the court is busy as expected and running smoothly. No issues to report at this time.
The Fire Company reported an increase of both EMS calls and Fire Calls for the month of July as compared to 2015. We continue to be able to meet the higher demands with a volunteer fire company and rescue squad through a comprehensive program devised about 15 years ago in cooperation with the Borough. During the work session budget presentation this fall I will ask Fire Chief Stanford to explain to full council how this is accomplished. It is a program we should be proud of. As other communities struggle and have even gone to fully paid positions Stone Harbor continues to provide the service at a fraction of the cost of paid firefighters and EMTs.
I took Chief Stanford up on his offer to ride in the older ambulance which he is requesting be replaced and then took a ride in the demo ambulance he is requesting be purchased. It has been a long time since I rode in the back of an ambulance. The ride between the two vehicles is quite remarkable. The offer stands for all council members. The purchase of the demo will be included among capital budget requests for 2017.
The Police Department reported an increase from June to July in almost all areas including parking violations, moving violations, ordinance summonses and warnings, adult arrests, medical calls, noise complaints and animal complaints.
Enforcement of open alcohol on the beach has increased as a result of visitor and resident complaints as well as observations from the Beach Patrol Captain. The department continues to warn people who are violating ordinances addressing bicycles and skateboards on sidewalks and on 96th Street during prohibited hours. It is always a challenge to educate visitors on an ever changing weekly basis. In addition the police department has seen a need to step up the enforcement of dogs on the beach in the morning hours. Proactive patrols continue at the Point. North Wildwood Police, the Marine Police and Coast Guard have all been notified and asked to assist whenever possible. Of greatest concern is swimming in the unprotected waters and boats landing at the Point with dogs and people who then proceed to enter the conservation areas.
Again, we discussed the idea of an “all stop” at 96th Street and Third Avenue. Jill has reached out to the County to gauge their opinion however we have not received a response. This is an appropriate topic for full council and will be placed on the work session agenda in the fall.
Our Emergency Management Coordinator has established both a Facebook and Twitter account for the Borough Office of Emergency Management. Neither are live at this time however will be soon. He plans to use the pages to share information with visitors concerning items such as bike and skateboard ordinances, rules at the Point, dogs on the beach, etc , as well emergency management information. This can be another way to convey information to both visitors and residents.
The police department and borough administrator reported no animal control issues.
I’ll touch on the fireworks as it effects both this committee and Beach, Recreation and Tourism. Many people are unaware of the challenges the Fire Company, the Police and Public Works face each year having the display set off from the beach at 80th Street. After 25 years we are going to change things up and have our fireworks display from a barge off 95th Street beach. It should mitigate those challenges and be a safer operation. After looking at possible vendors the Fire Company has negotiated a good price with a barge company. The date is Sunday, July 2 with a rain date of Monday, July 3. The fire company will continue to pay for the fireworks display and the Borough will budget for the cost of the barge. July 4th activities will still take place on the actual holiday.
NATURAL RESOURCES (Rich)
POINT – Lenore reported a high number of birds nesting now on the Point. We have a large colony of Black Skimmers and Terns. We have had the state trappers working diligently to trap the 4 legged predators. However, unfortunately the nesting birds are suffering chick mortality due to these predators. Despite the losses more birds are coming into the colony.
After the season it is recommended to have a conversation on trash management to prevent wildlife issues. We have ordinances which concern the feeding of wildlife and we should revisit addressing these and place information on our Borough website. We also have ordinances in place about open dumpsters and trash containers and it may help to review these and encourage the pubic to help us deter wildlife within our community.
Smaller signs have been placed at the very tip of the Point to support our rules on the Point. PW handled this.
SHPD submitted their July report of the Point. Jill reached out to Chief Reynolds to plan a meeting with the Marine Police and North Wildwood. Our Police presence has made a difference and respect is increasing.
Discussions on Beach Stewards for the future 2017 budget, Lomax meeting on Dune Vegetation Management Plan, POA interest in NR, Grant suggested reviewing ordinances on safety issues with digging large holes on the beach.
BIRD SANCTUARY – Discussions on our beautiful newly planted gardens. Garden Club presented a plaque identifying the gardens as safe harbor habitat, which means they are suitable for wildlife because they are native plants, talked about the meadow/wildlife garden for next year.
Movie tree solution was emailed to all of Council by Jill. The tree will be cut down soon and then come October when there are less crowds and no events we will be able to terminate the electric and the irrigation that is presently there. Then plan pavers or a cement surface to fill the spot. On a temporary basis we are going to move one of our urns from another location to the spot where the tree was. This is to prevent tripping. Grant has been asked to get an estimate of cost to remove the tree, electric, irritation, and cost of planting 2 trees in a different location. In the meantime Grant and Jill will look over the area around the entrance to the theater and make a recommendation.