Minutes of Commissioners Meeting   -   December 27, 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 – Absent                                       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.

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1050 be placed on second reading and final passage by title only.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1050

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 54, PROPERTY MAINTENANCE CODE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, AMENDING ORDINANCE NO. 875 ADOPTED JULY 26, 2000 AND ORDINANCE NO. 905 ADOPTED MAY 22, 2002

Mr. Cabrera motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1050.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

There being no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1050 be closed.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1050 be passed on second and final reading and advertised according to law.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1051 be placed on second reading and final passage by title only.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1051

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 3, ALARM SYSTEMS, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, ARTICLE II, FALSE ALARMS TO 9-1-1 SYSTEM, SECTION 3-7, VIOLATIONS AND PENALTIES; ARTICLE III, FIRE ALARM SYSTEMS, SECTION 3-8, DEFINITIONS, SECTION 3-9, PERMIT REQUIRED, SECTION 3-10, INITIAL REGISTRATION OF FIRE ALARM SYSTEMS; NEW FIRE ALARM SYSTEMS, PRE-EXISTING FIRE ALARMS, FEES, SECTION 3-13, EQUIPMENT MAINTENANCE, SECTION 3-15, FEES, SECTION 3-16, FALSE ALARMS; REVOCATION OF PERMIT, SECTION 3-17, VIOLATIONS AND PENALTIES, AND AMENDING ORDINANCE NO. 765 ADOPTED AUGUST 26, 1992 AND ORDINANCE NO. 763 ADOPTED AUGUST 3, 1992

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1051.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

There being no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1051 be closed.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1051 be passed on second and final reading and advertised according to law.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1052 be placed on second reading and final passage by title only.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1052

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 33, FIRE CONTROL MEASURES, SECTION 33-22, VIOLATIONS AND PENALTIES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 937 ADOPTED JULY 23, 2003

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1052.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

There being no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1052 be closed.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1052 be passed on second and final reading and advertised according to law.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1053 be placed on second reading and final passage by title only.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1053

AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 911, ENTITLED “AN ORDINANCE AUTHORIZING THE BOROUGH OF WILDWOOD CREST TO EXECUTE AND FILE JOINTLY WITH THE CITY OF WILDWOOD, THE CITY OF NORTH WILDWOOD, AND THE BOROUGH OF WEST WILDWOOD A NON-PROFIT CERTIFICATE OF INCORPORATION PURSUANT TO THE ‘NEW JERSEY URBAN ENTERPRISE ZONE ACT’ FOR THE PURPOSE OF ESTABLISHING A JOINT ENTERPRISE ZONE CORPORATION FOR CITIES OF NORTH WILDWOOD AND WILDWOOD AND THE BOROUGHS OF WEST WILDWOOD AND WILDWOOD CREST, AND SETTING FORTH PROVISIONS TO BE INCLUDED IN SAID CERTIFICATE OF INCORPORATION,” ADOPTED JULY 15, 2002, TO AMEND SECTION 8 THEREOF

Mr. Cabrera motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1053.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

George Ziegler, 7710 Seaview Avenue , inquired how the pending ordinance would change what is presently in place. Mr. Groon responded that it changes how the Borough and participating municipalities “go forward.” He added that the ordinance provides for a “new way” of determining the funding or administrative costs for the Borough. Mr. Ziegler inquired if Mr. Groon was referring to a tax increase. Mr. Groon responded that there will be a certain amount of money that comes from the taxpayers to support the project. Mr. Cabrera interjected that there is not an additional tax. Mr. Ziegler asked if there would be an increase in taxes. Mr. Groon responded that the Borough must fund it out of the budget. Mr. Ziegler inquired why the funding does not come from the money collected. Mr. Groon responded that the monies collected presently do not provide sufficient funds to off-set the costs of operating the UEZ. Mr. Ziegler stated that it was his understanding that there was approximately $200,000 collected. Mr. Groon responded that there is a state formula that sets aside a certain amount of money, and the $200,000 is set aside in “projects.” The formula also indicates that a certain amount be set aside for administrative costs and the amount produced in administrative costs is not sufficient to cover what is perceived will be owed for each year. Therefore, that amount will have to be supplemented by the municipalities with taxpayer dollars. Mr. Ziegler inquired if something should not be changed in the formula. Mr. Groon responded that it was his understanding that that is “state driven.” Mr. Ziegler next asked if the taxpayers have contributed “from the beginning.” Mr. Groon responded that the taxpayers have not contributed to this point to administrative costs. Mr. Ziegler countered with asking why that is the case. Mr. Groon again responded that the Borough did not generate enough money in the administrative costs to off-set the Borough’s percentage. Mr. Ziegler inquired as to whom controls the administrative costs. Mr. Groon responded that there is a Board, consisting of representatives from each community, which makes the decisions. Mr. Groon added that it looks at this point that the Borough will be contributing “a couple thousand dollars per year.”

Robert Duggin, 7100 Ocean Avenue , inquired if Mr. Groon was stating that the total cost to the taxpayers of Wildwood Crest would be approximately “a couple thousand dollars” spread among all of the taxpayers. Mr. Groon answered in the affirmative. He agreed with Mr. Groon that that is fairly insignificant.

Nancy Pietropaoli, 6002 Seaview Avenue , stated that she agreed with Mr. Ziegler that the Borough should get the money from the businesses that benefit from the UEZ. She added that the taxpayers are being “nickled and dimed” to death. Mr. Groon responded that the Borough can certainly raise the issue with Mrs. Gould as the Borough’s representative to the UEZ, as well as the other Borough representatives, and ask them to talk to the UEZ Board about the issue. He added that it is his understanding that the way the UEZ funding is set up is not arbitrary or something that the Board can change. Mr. Cabrera stated that the UEZ is for businesses to participate in the zone to make improvements to their businesses. He added that the philosophy is that in any good community, there has to be a successful business community.

There being no further public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1053 be closed.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1053 be passed on second and final reading and advertised according to law.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 668-07

(Authorizing certain 2007 budget appropriation transfers)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 669-07

(Authorizing cancellation of certain unexpended account balances)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 670-07

(Authorizing confirmation and ratification of the sale of municipal property no longer needed for public use in conjunction with the public auction held on govdeals.com)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

The Clerk reported that the proceeds of the on-line auction was the sum of $20,835.21 and, given our history, the sale yielded significantly higher amounts than had we done an in-house auction. Mr. Cabrera inquired if those funds would go into the 2008 surplus. The CFO responded that it would not, they will go into the 2007 surplus.  Mr. Groon complimented the Deputy Municipal Clerk on the successful conduct of the on-line auction.

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 671-07

(Authorizing refund of $18.00 to Jordon Auto Sales based upon the overpayment of vehicles purchased through govdeals.com)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 672-07

(Authorizing submission of the recycling tonnage grant application through the NJDEP and designating Jane Shell, Recycling Coordinator, to effectuate compliance in accordance therewith)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 673-07

(Authorizing confirmation and ratification of the appointment of Joanne Gagliardo, by Commissioner Gould, as Deputy Tax Collector)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 674-07

(Authorizing re-appointment of Thomas Alvarado as a Class IV Member of the Wildwood Crest Planning Board for a term of four years, said term expiring December 31, 2011 )

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 675-07

(Authorizing re-appointment of Barbara Hunt as Alternate Member No. 1 of the Wildwood Crest Planning Board for a term of two years, said term expiring December 31, 2009 )

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 676-07

(Authorizing re-appointment of J. Byrne Agency as Risk Management Consultant for a term of one year, said term expiring December 31, 2008 , at a fee equal to four and one-half percent of the Borough’s annual assessment)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 677-07

(Authorizing Jason Hesley, Tax Assessor, to both pursue and defend to completion tax appeals on behalf of the Borough for calendar year 2008)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 678-07

(Authorizing purchase of Crown Victoria off state contract from Winner Ford)

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

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

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that all reports received, from the Court Administrator, CFO, Tax Collector and Chief of Police, for the month ending November 30, 2007, be accepted as presented and filed.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mr. Groon, that the minutes of meetings held November 26 and December 12, 2007, the closed sessions held on November 26 and December 12, and the Special Meeting held December 17, 2007, be approved as presented.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

The Clerk reported that the phone system proposal has been provided to the Commissioners for their review. He added that if the project is to be funded in the 2008 budget, a discussion will have to be had in the near future to determine firm costs.

With regard to the Seaview Avenue project, the Clerk reported that grant applications have been submitted and state approvals have not been confirmed to date.

The Clerk next advised that the bids for the fishing pier electrical system came in “exceedingly high” and this was the second time they were “substantially over budget.” He indicated that they will have to be rejected at some point, and be re-bid because the bid specifications were not substantially similar on the two occasions that they were previously bid. He added that all of this hinges on the assertion by the Engineer that the manufacturer has provided a quote to his office for the lights that is much less than what has been provided to prospective bidders at this point. The Borough is awaiting confirmation from the Engineer as to whether or not his prices will be honored by the manufacturer.

The Solicitor is currently working on the ice cream peddlers ordinance and will provide a legal opinion in the near future as to how the process must unfold for issuance of one more license.

The Clerk reported that the ambulance bids opinion letter has been provided by the Solicitor, and a technical review and written opinion will be forthcoming in the near future from the Motor Pool Supervisor.

George Ziegler, 7710 Seaview Avenue , commented on the possible bikepath on Seaview Avenue . He stated that he was not sure where the entire project stands at this time, but it is a dangerous street for a bike path due to the curvature of the street in several locations as well as the fact that there is only one light the entire length of the street. Mr. Groon responded that the issue of no stop lights on Seaview Avenue has been raised in the past. Mr. Ziegler also stated that it was his understanding that the bike path would eliminate one lane of the street. Mr. Groon responded that the Borough is “not quite that far along in the planning,” but if a bike path is included it would be a “painted bike path” and one lane would be eliminated. Mr. Ziegler reiterated his concerns about the safety of a bike path on Seaview Avenue .

Mr. Groon added, with regard to the streetscape of Seaview Avenue , that the Borough had been looking into whether it was feasible and cost-effective to put an island on Seaview Avenue separating the bike path. He went on to state that the matter will be brought before the public before any action is ultimately taken.

There being no further public comments, Mr. Cabrera motioned, seconded by Mr. Groon, that the meeting be adjourned.

Vote:           Gould-Absent                                           Cabrera-Groon-Yes

Dated:         January 23, 2007

Kevin M. Yecco, Clerk/Administrator