Minutes of Commissioners Meeting   -   May 23, 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.

THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 513-07

(Honoring Harriette Beatrice Stocker Jackson as Outstanding Older American of the year for 2007)

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

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1038

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, TO ADD NEW SECTION 32A-2, MARRIAGE AND CIVIL UNION CEREMONIES, AND RENUMBERING SECTION 32A-2, ADDITIONAL FEES, AS SECTION 32A-3, AND AMENDING ORDINANCE NO. 991 ADOPTED DECEMBER 21, 2005

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1038 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 27, 2007 at 7:00 p.m.

Prior to the vote, Mr. Cabrera questioned whether the pending ordinance was the same draft circulated as Draft No. 4 and for which he expressed concerns. He questioned whether the pending draft did not reflect his recommended changes. The Clerk responded that with respect to the six areas of concern expressed by Mr. Cabrera, the pending draft took into account those areas with explanations where applicable, and as to specific questions 4, 5, and 6, those issues were left to the decision of the governing body. Mr. Groon added that there will be an application process to insure clarity. The Clerk concurred. Mr. Cabrera questioned the “emergency” in adopting this ordinance since individuals would still be able to be married in Wildwood Crest. The Clerk responded that he would leave that determination to the governing body. Mr. Groon added that it was his opinion that the Borough has an obligation to offer the service to the public, adding that he saw no reason, with the application process, not to proceed.

Vote:          Gould-Groon-Yes                                    Cabrera-No

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1039

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE,” FIXING AND DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE TIME AND METHOD OF PAYMENT

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1039 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 27, 2007 at 7:00 p.m.

Prior to the vote, Mr. Cabrera questioned whether the only change to the salary ordinance was with regard to performing marriage and civil ceremonies. The Clerk responded that it had to do with “additional compensation for marriages or civil union ceremonies performed.”

Vote:          Gould-Groon-Yes                                    Cabrera-No

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1040

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 79, VEHICLE AND TRAFFIC, OF THE CODE OF THE BOROUGH OF WILDOWOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, ARTICLE II, PROHIBITED PARKING, PROHIBITED STOPPING OR STANDING, AND TIME LIMIT PARKING, SECTION 79-3, PARKING PROHIBITED AT ALL TIMES, 79-32, SCHEDULE I, SECTION 79-3.1, PARKING RESTRICTED AT ALL TIMES, 79-32.1, SCHEDULE IA

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1040 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 27, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 514-07

(Authorizing a Professional Services Contract with Gruccio Pepper DeSanto & Ruth as Labor Counsel)

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. 515-07

(Authorizing award of contract to Vital Computer Resources for the Borough-wide revaluation of all property for the 2009 Tax Year at the not to exceed amount of $310,000)

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. 516-07

(Authorizing insertion of a special item of revenue into the CY2007 Municipal Budget in the amount of $400,000 for the Heather Road Pier)

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

Vote:          Cabrera-Groon-Yes                                 Gould-No

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 517-07

(Authorizing insertion of a special item of revenue into the CY2007 Municipal Budget in the amount of $29,500 for GWTIDA sponsorship of summer events)

Mr. Cabrera 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. 518-07

(Authorizing issuance of a Special Event Permit to Kathleen Tressel for a block party to be held on July 21, 2007 from 5:00 pm to 10:00 pm at the West Charleston Avenue )

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. 519-07

(Authorizing a refund in the amount of $53.45 to Dianetta D. Blocker for an ambulance transport overpayment)

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. 520-07

(Authorizing a refund in the amount of $59.48 to Dorothy Weir’s insurance provider, Highmark Blue Shield, for an ambulance transport overpayment)

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. 521-07

(Authorizing a refund in the amount of $30 to Caroline Wesp’s insurance provider, AETNA , for an ambulance transport overpayment)

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. 522-07

(Authorizing a refund in the amount of $75 to Karen Young for an ambulance transport overpayment)

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. 523-07

(Authorizing the appointment of Robert Cashioli as a Class II Member of the Wildwood Crest Planning Board, replacing Elizabeth Terenick)

Mr. Cabrera 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. 524-07

(Authorizing the appointment of Brendan Sciarra as a Class IV Member of the Wildwood Crest Planning Board, replacing Robert Cashioli)

Mr. Cabrera 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. 525-07

(Authorizing approval of an Interlocal Services Agreement with the Wildwood Crest School District for an exchange of services)

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. 526-07

(Authorizing approval of Change Order No. 2 in regard to Sunset Lake Shore Stabilization Project in the amount of $25,500 and increasing the total contract amount from $1,858,500 to $1,884,000)

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

Vote:          Cabrera-Groon-Yes                                 Gould-No

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 527-07

(Authorizing an increase in the scope of contract for Remington & Vernick in conjunction with the Sunset Lake Stabilization Project, by an additional $5,700)

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

Vote:          Cabrera-Groon-Yes                                 Gould-No

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 528-07

(Authorizing the CFO to issue a refund in the amount of $750 to Joey Productions in conjunction with a rental fee paid but for which the event was cancelled)

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. 529-07

(Authorizing designation of May 20-26, 2007 National Public Works Week in the Borough of Wildwood Crest)

Mr. Cabrera 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. 530-07

(Authorizing purchase, off of State Contract, for Dell Computers)

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

Voted:        Gould-Cabrera-Groon-Yes

Mrs. Gould 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-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 April 30, 2007 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meeting held April 18, 2007 and May 2, 2007 be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mrs. Gould, that a taxi license for Yellow Cab Company for three licenses be approved.

Vote:          Gould-Cabrera-Groon-Yes

The Clerk reported to the governing body that his office had sent certified letters to the remaining taxi license holders indicating that if their fees were not paid in a timely manner, their license would be considered available on a first come, first served basis to other applicants.

The Clerk reported that the matter regarding the Wildwood Gables Yacht Club will be held over for further discussion on the next meeting agenda.

George Martin, 212 East Denver Avenue , stated, regarding the Sunset Lake Stabilization project, his opinion that the kayak launch area is not properly designed to enable a person to carry a kayak up or down the steps leading to the launch area. Mr. Cabrera responded that the step area going down into the water is approximately twelve feet wide, and there will be a handrail down each side as well as two handrails down the center in order to slide the kayak along the rails. Mr. Martin stated that the plans do not show that, and he doubted that it will work. Mr. Cabrera responded, “let’s get it built and if there are some modifications that need to be made in order to accommodate individuals, it will be addressed at that time.” Mr. Martin’s response was that the Borough will have to spend more money to make it right.

Mr. Martin then questioned what the extra funding approved earlier at the meeting was for. Mr. Cabrera responded that the Rambler Road bulkhead needs to be replaced while the contractor is on site rather than go out to bid. He added that that money is “75% reimbursable by the State of New Jersey .” Mr. Cabrera went on to state that it is the only bulkhead in the Borough that has not been replaced in the last five years.

Mr. Martin inquired as to why “all of the equipment was pulled off the job site and the job not completed.” Mr. Cabrera responded that the contractor doing the Sunset Lake project is the same contractor installing the fitness park on the oceanfront.

Tony Eisle, 118 West Cresse Avenue , suggested that it is time that alcohol sales be permitted in the Borough as a revenue source. He went on to state that Borough residents “go outside the Borough to support other municipalities.” The Clerk responded that the governing body has no jurisdiction over that issue. He went on to state that it would have to come in the form of a referendum from the registered voters of Wildwood Crest. He explained that the Borough has been “wet,” it went to dry, back to wet and is now dry. Mrs. Gould interjected that the number of liquor licenses is based on population and the size of Wildwood Crest would probably permit only one license. The Clerk added that any such petition for referendum would require 15% of the registered voters who voted in the last general election in which members of the General Assembly were elected.

Nancy Pietropaoli, 6002 Seaview Avenue , inquired about beach access walkways and when the wooden ramps will be installed. Mr. Cabrera responded that some of the streets were in the process of being installed, and it was anticipated that the walkways would be in place by the middle of June.

Mrs. Gould reported for general information that the Nesbitt Information Center would be open for the Memorial Day Weekend.

Alan Gould, 8801 Seaview Avenue , inquired as to the purpose and benefit of the Sunset Lake project to the community. Mr. Cabrera responded that the shoreline had been eroding for several years and was “working its way back to New Jersey Avenue .” He went on to add that the original plan was to bulkhead the shoreline but the State of New Jersey Department of Environmental Protection denied that request and encouraged the use of the pavers being implemented. Additionally, the irrigation, electrical and landscaping along the lake were in dire need of replacement and this was an opportunity to accomplish that as well.

Mr. Gould commented that the visual character of the lakefront has changed drastically, adding that it is now a dangerous condition and “if somebody goes to the edge and falls down, they are going to get killed.” He questioned how the Borough is going to prevent that. Mr. Cabrera responded that the project is not complete and some additional vegetation will be planted at the top of the slope. Mr. Cabrera added that the armoring material is not slippery and it is virtually impossible to slide down it. He went on to state that there are three storm water outfall lines that also had to be replaced and they will be covered by the grant.

Mr. Gould reiterated his comment that there is a steep drop and asked for clarification that there will be “something” near the edge to prevent people from going near it. Mr. Cabrera responded that on the side near the water there will be additional vegetation installed. Mr. Gould inquired what would happen if someone falls off the ledge at the top. Mr. Cabrera responded that a person cannot fall down. Mr. Groon interjected that this material was used on the canal near the Cape May Ferry, that it has been in place for several years with no problems, and there is now vegetation growing through the material that will provide further protection.

Mr. Cabrera added that there are a lot of people who use Sunset Lake for recreation and the Borough has now provided access for additional waterfront recreational amenity.

Mr. Martin reiterated his comment that the access to the water for kayaks will be difficult. He added his opinion that the lake has been destroyed.

There being no additional public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

Dated:        June 27, 2006

Kevin M. Yecco, Borough Clerk