Minutes of Commissioners Meeting   -   November 26, 2007

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County , New Jersey , was held in the Municipal Court Room at 7:00 p.m.   On roll call the following answered to their names:

Gould - Cabrera – Groon – Yes

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader and The Press on November 9, 2006.

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1047 be placed on second reading and final passage by title only.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1047

AN ORDINANCE CREATING CHAPTER 44 -NOTICE AND DESIGNATION OF CONTACT PERSON – TO REQUIRE ALL CONDOMINIUMS OR MULTIPLE FAMILY DWELLINGS CONSISTING OF THREE (3) OR MORE UNITS TO DESIGNATE A CONTACT PERSON AUTHORIZED TO ACCEPT NOTICES ISSUED BY THE BOROUGH OF WILDWOOD CREST AND TO BE THE CONTACT PERSON FOR EMERGENCY PURPOSES.

Mr. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1047.

Vote:           Gould-Cabrera-Groon-Yes

There being no public hearing, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1047 be closed.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1047 be passed on second and final reading and advertised according to law.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1048 be placed on second reading and final passage by title only.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1048

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 28, DOGS, ARTICLE II, LICENSING, SECTION 28-2, LICENSE AND REGISTRATION REQUIRED, SECTION 28-5, VIOLATIONS AND PENALTIES, ARTICLE III, CONTROL, SECTION 28-13, VIOLATIONS AND PENALTIES, AMENDING ORDINANCE NO. 913 ADOPTED JULY 15, 2002 AND ORDINANCE NO. 959 ADOPTED JUNE 14, 2004 ; CHAPTER 32A, FEES, GENERAL, AMENDING ORDINANCE NO. 991 ADOPTED DECEMBER 21, 2005 AND ORDINANCE NO. 1015 ADOPTED AUGUST 9, 2006; CHAPTER 37, GARBAGE, RUBBISH, SOLID WASTE MANAGEMENT, ADDING SECTION 37-12.1, FEES, AMENDING ORDINANCE NO. 841 ADOPTED March 16, 1998; CHAPTER 39, LAND USE PROCEDURES, ARTICLE VI, ZONING OFFICER, SECTION 39-34, APPLICATIONS FOR ZONING APPROVAL, SECTION 39-47, FEES, AMENDING ORDINANCE NO. 993 ADOPTED JANUARY 18, 2006 ; CHAPTER 40, LICENSES, ARTICLE I, MERCANTILE LICENSES, SECTION 40-4, FEES FIXED, AMENDING ORDINANCE NO. 997 ADOPTED FEBRUARY 22, 2006 ; CHAPTER 56, RECREATION COMMISSION, SECTION 56-3, POWERS AND DUTIES, RATES AND FEES SCHEDULE, AMENDING ORDINANCE NO. 851 ADOPTED FEBRUARY 8, 1999 , ORDINANCE NO. 885 ADOPTED MARCH 28, 2001 , ORDINANCE NO. 924 ADOPTED JANUARY 6, 2003 , AND ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006; AMENDING CHAPTER 85, LAND DEVELOPMENT ORDINANCE, ARTICLE XVIII, GUARANTEES, INSPECTIONS AND OFF-TRACT IMPROVEMENTS, SECTION 85-139, FEES, SUBSECTION A, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1048.

Vote:           Gould-Cabrera-Groon-Yes

Bob Young, 207 East Louisville Avenue , inquired about the new charge for disposal of metal. Mr. Cabrera responded that the Borough is incurring charges for disposal of metal, and the new fee was an attempt to recoup those costs.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1048 be closed.

Vote:           Gould-Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1048 be passed on second and final reading and advertised according to law.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1049 be placed on second reading and final passage by title only.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1049

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 37, GARBAGE, RUBBISH, SOLID WASTE MANAGEMENT, ARTICLE IV, RECYCLING PROGRAM, ESTABLISHING THE “WILDWOOD CREST RECYCLING PROGRAM” AND RESCINDING OLD ARTICLE IV, SECTIONS 37-15 THROUGH 37-20; AMENDING ARTICLE V, PROHIBITIONS, SECTION 37-24, PENALTIES FOR VIOLATIONS; RENUMBERING OLD ARTICLE V, FEES, AS ARTICLE VI; AND AMENDING ORDINANCE NO. 841 ADOPTED MARCH 16, 1998

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1049.

Vote:           Gould-Cabrera-Groon-Yes

Bob Young, 207 Louisville Avenue , inquired as to the type of container to be utilized for vegetative debris. Mr. Cabrera responded that it will go into clear plastic bags and taken to the Public Works Garage. The vegetation will be picked up on bulk pick up days.  Mr. Young also inquired about the Sunday trash removal. Mr. Cabrera responded that on Sundays the Public Works Garage is open for trash drop off by weekend visitors.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1049 be closed.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1049 be passed on second and final reading and advertised according to law.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 644-07

(Authorizing transfer between 2008 municipal budget appropriations in the total amount of $38,800)

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 645-07

(Authorizing cancellation of 2007 tax/sewer balances of $5.00 or less)

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 646-07

(Authorizing certain refunds for tax or sewer overpayments to Huber in the amount of $1,611.72; Fuentes in the amount of $64.35; and Laury in the amount of $31.07)

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 647-07

(Authorizing refund of Tourism Development Fee to Paul W. Larson in the amount of $150)

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 648-07

(Authorizing issuance of not exceeding $5,250,000 bond anticipation notes of the Borough of Wildwood Crest)

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 649-07

(Authorizing participation with the County of Cape May in submission of a PARIS Grant application)

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 650-07

(Authorizing participation with the County of Cape May in a Cooperative Purchasing Program for the purchase of diesel fuel at the rate of $.0728 per gall over the index through 11/13/08 )

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 651-07

(Authorizing approval of Change Order No. 1-Final and estimate Certificate No. 2-Final, to Arthur R. Henry in conjunction with Beach Storm Sewer Outfall Replacement-Various Locations)

Mr. Cabrera motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 652-07

(Authorizing Notice to Bidders for 2007-08 Ford 450 Type III Ambulance or equivalent)

Mr. Groon motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 653-07

(Authorizing Notice to Bidders for Electric System for Heather Road Fishing Pier)

Mr. Cabrera motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-No                                                 Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that all bills properly authorized, as submitted and which appear in full on the following page, be paid.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, CFO, Tax Collector and Chief of Police, for the month ending October 31, 2007, be accepted as presented and filed.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings of October 24 and November 7, 2007 , as well as the closed session minutes of both meetings, be approved as presented.

Vote:           Gould-Cabrera-Groon-Yes

The Clerk reported that the DEP Recycling/Solid Waste Management Plan requirements are fully contained in Ordinance No. 1049 earlier adopted.

He also reported that he is awaiting information with respect to the potential bike path/streetscape and other grant activities in conjunction with the Seaview Avenue project.

With regard to the Recreation Trails Grant Program, the Clerk indicated that he had provided a package to the members of the governing body with regard to that matter, and he requested direction from the governing body as to how they wish to proceed. He added, if they are interested in pursuing the grant, that a resolution would have to be adopted at the December 12, 2007 meeting. Mr. Cabrera interjected that the existing bicycle path is in need of upgrading, and this grant could potentially be utilized for that work The Clerk stated that a consensus of the governing body would be required to authorize preparation of the application. Mr. Groon and Mrs. Gould concurred with Mr. Cabrera. The Clerk indicated he would contact the Borough Engineer to advise him to proceed in that direction.

The Clerk indicated that he had supplied the Commissioners with a draft of required changes to the Policies and Procedures Manual as provided by the Municipal Excess Liability Joint Insurance Fund. He added that it would be his intent to list the matter for approval at either the December 12^th or December 27^th meeting. He asked the Commissioners to provide him with any comments or thoughts they may have regarding the draft. Mr. Groon inquired if the Manual is presently available on the computer network, or be able to be put on the network in the future. The Clerk responded that it is not presently on the website but he did not feel it would be a problem to do so. Mr. Groon stated that perhaps it could be put on an “internal” system in order to avoid having to distribute paper copies. The Clerk responded that he was concerned that many of the workforce do not have access to a computer, specifically at Public Works.

The Clerk stated that the proposed concession rental of the building at the fishing pier will require additional discussion and ultimate action by the governing body. He added that he had prepared a draft set of specification for the concession rental, and has circulated that draft to the governing body, solicitor and CFO for their comments. He added that he would not be prepared to move the matter forward for bid without the consent of the governing body and without further direction with respect to minimum bid amount, to which extent the successful bidder would be required to assist with the existing building rehabilitation, etc. He next said that Mr. Cabrera had suggested insertion of language to the effect that the Borough reserves the right to enter the premises with sufficient advance notice to have access to the pier for emergency purposes and other lawful purposes. Mrs. Gould inquired if the building was required to be “taken down to the bare bone,” would they not have to have CAFRA approval to rebuild the structure. She indicated that she has been advised that the structure is pre-CAFRA. Mr. Cabrera responded that “existing structures” would not require CAFRA approval. Mrs. Gould asked if that would be the case if the entire structure were demolished. The Clerk responded his opinion that they cannot take the walls down, but they can rehabilitate the structure. He added that statutory provisions limit the leasing of the structure to a maximum of ten years. The Solicitor indicated she would provide an opinion letter with her concerns.

The Clerk reported that the insurance for the volunteers was scheduled for renewal on December 1, 2007 , and asked the Commissioners if they wished to continue the “status quo”, regarding the division of premium increases, or if they wished to make a change. He indicated that Resolution No. 589-00, adopted December 4, 2000, provided for two-thirds of any increase to be borne by the Borough, and one-third of any increase to be borne by the volunteers. Mrs. Gould stated that she discussed the matter with the CFO, and it was determined that the Borough did not have sufficient time to make any changes to the policy. She added that in the future she would like to see the division reversed, with the Borough paying one-third and the volunteers paying two-thirds. The Clerk reported for the record that the increase to be effective December 1, 2007 was in the amount of $29,190.20, representing an increase of 16.86% over the present amount but that ALL parties, including administration and volunteers, had notice of the proposed change on October 3, 2007 , more than sufficient time to effectuate change. Mr. Groon stated that the end result would be that the percentages would remain the same. Mr. Cabrera agreed with Mrs. Gould that the matter should be addressed in 2008. It was determined by the governing body to keep the percentages “status quo” for 2008 and to address the matter when the renewal is received in October 2008.

The Clerk reported that the UEZ ordinance amendment is still “on hold” because he has received no confirmation from the other municipalities that they have introduced the ordinance. Mr. Cabrera inquired as to the amount available from the UEZ. Mrs. Gould responded that it is approximately $175,000.

Mr. Cabrera reported that he was scheduled to meet with a company regarding upgrading of the telephone system on December 6, 2007 , and would report the results to the governing body.

Michael Schultz, 211 Palm Road , stated that he was interested in obtaining a peddlers license for an ice cream truck, and asked if the governing body had made a determination to increase the number of licenses permitted. He indicated that he received a letter from the Borough that stated the only way to obtain a license would be if another business “gave up” their license. He stated that the ordinance is twenty-five years old, and asked the governing body to consider amending the ordinance. Mr. Groon responded that even if another license were made available, there would be no guarantee that Mr. Schultz would get it. Mr. Schultz stated his understanding. The Clerk stated that there are only five licenses available as of the date of this meeting and all five licenses are taken. The licenses are transferrable under the ordinance. However, if all five license holders renew by December 31, 2007 , there would be no available license for Mr. Schultz. Mrs. Gould inquired if the Borough could put the licenses out to bid. The Solicitor responded that it was her opinion that it cannot. The Clerk suggested seeking the opinion of the Chief of Police from a public safety perspective with regard to increasing the number of ice cream licenses since past governing bodies had been concerned about traffic congestion. Mr. Cabrera stated that he is in favor of increasing the number of licenses. Mr. Groon stated that he would like to wait for comments from the Chief of Police. Mrs. Gould stated that she did not have a problem with adding more licenses, but she would like to wait for the report from the Chief of Police. The Solicitor interjected that an ordinance amendment would be necessary, and that would not be effective to enable effectuation by December 31, 2007 unless the due date is also amended in the ordinance. The Clerk stated that if additional licenses are approved, the governing body would have to decide whether to put them out to bid, or make it “first come, first served,” pay the fees as all other venders are required to do, etc. Mr. Cabrera suggested two additional licenses. The Solicitor inquired as to the number of veterans holding licenses. The Clerk responded that he believed there are two but would have to check to verify same. The Clerk stated that he would be concerned with changing the terms and conditions under which five existing license holders have been permitted to operate over these many years, and the potential litigation that could arise. The Solicitor stated that the Borough may have to treat the existing five separately from any new licenses until those existing five are relinquished.

Mr. Groon inquired if the fruit trucks are also limited, and should the Borough be looking at limitations on those peddlers. The Clerk responded that the number of fruit trucks has diminished in recent years.

Bob Young, 207 Louisville Avenue , stated that he is adamantly against a concession rental on the fishing pier because it could create a liability for the Borough.

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 654-07

(Closed Session – Potential Litigation regarding the Borough’s continued involvement in the ongoing JCOW fire suppression violations)

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Cabrera-Groon-Yes

Upon returning from closed session, there being no further matters for discussion, Mr. Cabrera motioned, seconded by Mrs. Gould, that the meeting be adjourned.

Vote:           Gould-Cabrera-Groon-Yes

Date:           December 27, 2007

Kevin M. Yecco, Clerk/Administrator