MINUTES OF THE MEETING OF MAYOR AND COUNCIL OF THE BOROUGH OF STONE HARBOR HELD IN THE MUNICIPAL BUILDING,
November 21, 2017
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The meeting was called to order by Mayor Judith M. Davies-Dunhour at 4:30 p.m.
ROLL CALL PRESENT
Councilmembers
Judith M. Davies-Dunhour, Mayor Joan Kramar
Karen Lane, Council President
Suzanne C. Stanford, Borough Clerk Joselyn Rich
Marc Karavan, Solicitor Mantura Gallagher
Jill Gougher, Administrator Charles Krafczek
James Craft CFO Raymond Parzych
Mayor Davies-Dunhour 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, 2017.
SALUTE TO THE FLAG
MOTION CONCERNING THE MINUTES
Upon motion of Councilmember Karen Lane
Seconded by Councilmember Ray Parzych
Since all members of Council have been provided with a copy of the minutes of the Work Session and the Meeting of October 17, 2017 and the Work Session and Meeting as amended, of November 7, 2017, if there are no additions or corrections I move we dispense with the reading of the minutes and that they be approved.
Vote 6 Councilmembers AYE
COMMUNICATIONS
NONE
HEARING OF THE PUBLIC ON MEMORIALS, RESOLUTIONS, PETITIONS & COMPLAINTS
Jim Fleischmann - 275 – 13th Street Avalon, Commander of American Legion in Stone Harbor. Thanked all the members of Council for the things they have done for the Legion. He thanked DPW, Police, Fire, EMS, saying they all contribute and show up whenever called. Also invited everyone to the December 2nd Legion Christmas party at the Stone Harbor Yacht Club at 5 pm. Also there will be an open house at the Legion December 3rd at 1 pm. Legion sending selected Coast Guard families home for the holidays. Come and meet them.
ORDINANCE 1510 (Construction Changes)
Upon motion of Councilmember Karen Lane
Seconded by Councilmember Joselyn O. Rich
That Ordinance 1510 be taken up on first reading.
Vote 4 Councilmembers AYE
Kramar and Krafczek NAY
The Clerk read the title only of Ordinance 1510 on first reading.
Councilmember Lane said this Ordinance has been talked about for 3 months, numerous meeting, survey by the POA, overwhelmingly supported and hopefully this will add to the quiet enjoyment that people are entitled to for the summer months.
Upon motion of Councilmember Karen Lane
Seconded by Councilmember Mantura Gallagher
That Ordinance 1510 be passed on first reading, published according to law and that it be taken up on second, third and final reading, and adoption at a meeting of Mayor and Council to be held on the 19th day of December, 2017.
DISCUSSION
Councilmember Krafczek said he supports 99% of this Ordinance but one area he will cast a no vote for. It relates to the prohibition of driving pilings during the main summer months of July and August. We met with contractors to hear their input. He came away from that meeting with the distinct impression that all contractors in attendance strongly opposed this prohibition regarding pilings and enumerated various reasons for their opposition. A followup email was sent to him from Brian Stuart of DL Minor and he read a portion of it into the record.
“I think all the builders were united in the preference to avoid restriction of piling in the summer months. As Tom Welsh pointed out the pilings take one day to install and therefore have limited disturbance when compared to other aspects of the project. If pilings are restricted then we as builders would then be forced to rush some projects through and drive piles before the July 1 deadline. This would then make it more likely that these projects would be framing in the summer. Framing is the nosiest part of the project.”
“Also if projects must be postponed to fall due to the restrictions, then the projects will likely end up extending into the next summer. At the end of a typical project there are more sub-contractors involved then at the very beginning of a project. Therefore this restriction would actually exacerbate the parking and noise issues.”
He also read into the record a relevant portion of an e-mail that was sent from Robert Charamella of SHOPA to the Mayor and cc; to Borough Administrator. In relevant portion:
“The “sticking point” that you mentioned regarding the pilings seems entirely reasonable and SHPOA supports the contractors’ position. Now that the council has created momentum regarding the ordinance changes, it seems that this minor point should not disable the progress that has been reached thus far.”
We have feedback here, SHPOA who we reached out to for input, had a survey done that say yes, they wanted changes, and most of this Ordinance progresses those changes. He thinks this Ordinance goes too far. Councilmember Parzych went out and observed pilings and he communicated that it seemed completely innocuous, 45 seconds between each piling being dropped. It was not very disturbing. As Mr. Stuart pointed out this will actually exacerbate the problem and make the problem worse. Councilmember Krafczek said he doesn’t support the Ordinance as it reads now.
Councilmember Lane said they must have attended two different meetings. One contractor said they were not opposed to anything on the paper. Mr. Harbough , the same thing. The reason we don’t want the pilings is we do not want all the framing and everything else. It will stop and alleviate a lot of that. Councilmember Lane said we’ve had these discussions, the work done after that meeting and behind her back was wrong and it should have involved her, since she is Chair of A&F. It was wrong and it was rude. We have it on the table, let’s see how it goes.
Councilmember Rich said point of order, she didn’t think this was the time for someone else’s emails to be read, this is a time for us to move this forward.
Mayor said the first reading is the time for it, Solicitor said after the motion has been seconded you have discussion on the motion, public comment comes at second reading.
Councilmember Kramar said at our last meeting when Mr. Pappas was here from Brandywine, she asked if it would be possible to have a compromise between Council and Construction people. He said yes. She asked if we do away with the driving of the pilings and demolition. She said she stood in front of a house on 104th street for demolition, it was down in less than a day. She said then we would put the other items in play. He said all the contractors would be thrilled if we would do a compromise between Council and the contractors. They are hardworking and trying to make a living and it is only fair that we compromise.
Councilmember Krafczek to Councilmember Lane that he did not have a meeting, this was an e-mail sent to him. Councilmember Lane said she saw him in negotiations with SHPOA, will not belabor it.
Mayor said Bob Charamella reached out to ask where the Borough was on this Ordinance. It was before the meeting on Friday he emailed her and the Administrator. The email was dated November 14th. Mayor told him there is a meeting being set up, the sticking point appears to be the addition of pilings, but still being talked about and she understood a member of his organization will be there.
Councilmember Lane said she didn’t think they were made award of the whole reason for not driving the pilings, so we don’t have the noise of the framing, we don’t have the parking problems, that should help eliminate a lot of the parking problems because you won’t have all these crews there working on framing, and everything else.
Councilmember Krafczek said again, his position, it will create more of a problem down the road, you will either have some contractors hurry up to get pilings in beforehand then you will be subjecting Stone Harbor to foundation and framing in those two months, which are the ones by way of Saturdays, we are trying to eliminate because of the noise. You are setting yourself up for failure, by including this and the counter part is people who don’t get their pilings done by that deadline, they will start them right after the Labor Day week-end, that will shove the project right into the next summer, June and July. So now, next summer you will have 14 trucks trying to do finish work on the house and get it done in time for summer. You will create an environment that is worse.
Councilmember Lane said framing and all that going on 7 or 8 months later, if it takes that long to frame a house, they are never going to get it done. Councilmember Krafczek said that is not what he is saying. He said when you finish a job, and you have landscapers, pavers, cement, every trade on the job doing the finish work at the end of the job, you will have 14 trucks there during July. His point including pilings in this ordinance exacerbates the situation. His point, and SHPOA and the contractors all feel the same way.
Councilmember Lane said the only ones she heard speak out against that at that meeting not after the fact was Pappas and Councilmember Krafczek. The rest were fine with these Ordinances. Councilmember Krafczek said his sense was the contractors were there saying they will deal with whatever you do by Ordinance, we have to. But if they had their druthers, they would definitely eliminate the pilings. Councilmember Krafczek asked Councilmember Lane if she heard Tom Welsh say would you rather have one day of intrusion, pilings take one day, and then you will have 14 trucks that would show up the next July.
Councilmember Lane said we will put it into effect and if it turns out to be the disaster you project, we can always go back and revise it.
Councilmember Parzych said he did observe the pilings being driven and thought it was pretty unobtrusive. He said Councilmember Krafczek shared the email with him that said all builders were united in their preference to avoid restrictions on pilings, he is sure they would like to avoid it. We have heard from many homeowners, and gave the builders an opportunity to come here and had a separate meeting last Friday. He has been on the fence, but doesn’t agree that this will make matters worse. These houses are going to be built in the summertime, we are going to have building going on in the summer months. If we have a ban on pilings in July and August, if it holds up 4-5 new construction starts, that will be 4-5 framing and foundations jobs that aren’t’ going on in July and August. This is in the best interest of our constituents. The builders are going to have to work on the schedules and make this work.
Councilmember Krafczek said he is behind this Ordinance thinks it is great. One single portion of it takes it too far. Our community, homeowners, and renters are going to be thrilled when they find out that it is quiet until 9 am on a Saturday. We have put things in place here that will protect the summer season, especially week-ends. He sees something that is not going to work, sees it differently from others, that is why he is so opposed, sees what is going to happen.
That being said, Councilmember Lane is correct, we can come back and take this off the books if it is as bad as he thinks it will be. 99% of this ordinance is a good thing.
Councilmember Kramar said she agrees, but we have very seldom if at all, come back and rescinded anything.
Vote 4 Councilmembers AYE
Kramar and Krafczek NAY
Resolution 2017-S-220 (Refund Utility Overpayment 100th LLC)
Upon motion of Councilmember Charles Krafczek
Seconded by Councilmember Joan Kramar
Council Meeting: November 21, 2017
REFUND UTILITIES OVERPAYMENT
WHEREAS, the Utilities Department charged 100th Street LLC for a 1” water installation in the amount of $1,953 for the jobsite located at Block 96.03 Lot 111 A.K.A. 9622–9628 Third Ave; and
WHEREAS, during the installation the Utilities Department determined that the water line is ¾”; and
WHEREAS, the Utilities Collector requests a refund to 100th Street LLC in the amount of $295.00; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stone Harbor, in the County of Cape May and State of New Jersey that a refund check in the amount of $295.00 be issued to 100th Street LLC % Kay Fitzgerald, 9601 Third Ave, Stone Harbor NJ 08247; and
BE IT FURTHER RESOLVED that the Tax/Utilities Collector make the proper adjustment in her records.
Vote 6 Councilmembers AYE
RESOLUTION 2017-S-221 (Refund Duplicate Tax Payment - Hagman)
Upon motion of Councilmember Joselyn O. Rich
Seconded by Councilmember Karen Lane
Council Meeting: November 21, 2017
REFUND DUPLICATE TAX PAYMENT
WHEREAS, duplicate tax payments were received by Wells Fargo Real Estate Tax Services LLC and Sturdy Savings Bank Direct Debit Au4thorization for the 4th Quarter 2017 tax installment on Block 83.04, Lot 132, Qualifier C0004, A.K.A. 331 83rd Street Unit 4; and
WHEREAS, the owners of record, Christopher & Theresa Hagman requested a refund be issued to them, and for their Direct Debit Authorization be deleted from the tax records; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stone Harbor, in the County of Cape May and State of New Jersey that a refund check in the amount of $787.17 be issued to Christopher and Theresa Hagman, 18 Lenfant Court, Glen Mills PA. 19342; and