Minutes of Commissioners Meeting   -   January 9, 2008

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 Commissioners’ Meeting Room at 9:30 a.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 BY TITLE ONLY:

RESOLUTION NO. 679-08

(Authorizing adoption of the Calendar Year 2008 Temporary Budget, said total temporary appropriations being established at $3,339,200)

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. 680-08

(Authorizing adoption of the Case Management Plan of the Borough)

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. 681-08

(Authorizing contract with Commerce Risk Control Services for CDL drug and alcohol testing for all affected equipment/vehicle/truck drivers)

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. 682-08

(Authorizing the appointment of Triad Associates for community and economic development services for calendar year 2008 at the not to exceed contract amount of $30,000)

Prior to motion and vote, Mr. Cabrera inquired if the contract referenced in the pending resolution was included in the CY2008 Temporary Budget. The response was in the affirmative.

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. 683-08

(Authorizing submission of the revised recycling tonnage grant application through the NJDEP)

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. 684-08

(Authorizing issuance of a special events permit to Ronald and Zenaida Lugo for the purpose of a wedding ceremony on June 7, 2008 at Rambler Road Gazebo)

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. 685-08

(Authorizing issuance of a special events permit to William Auty and Lauren Zumpino for the purpose of a wedding ceremony on August 23, 2008 at Rambler Road Gazebo)

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

Vote:    Gould-Cabrera-Groon-Yes

THE CLERK READ BOARD APPOINTMENT/RE-APPOINTMENT RESOLUTIONS NOS. 686-08 THROUGH 695-08 BY TITLE ONLY AS PART OF THE CONSENT AGENDA.

Mr. Groon motioned, seconded by Mr. Cabrera, that Resolutions Nos. 686-08 through 695-08 be adopted.

Vote:    Gould-Cabrera-Groon-Yes

After the vote, Mrs. Gould stated that all of the appointees are “wonderful people” and indicated that many of them have been on the boards for many years. She suggested that the Borough ask for new volunteers the next time reappointments are necessary; maybe with advance press releases.

RESOLUTION NO. 686-08

(Authorizing re-appointment of Peter Compare as a Member of the Zoning Board of Adjustment for a term of four years, said term expiring December 31, 2011 )

RESOLUTION NO. 687-08

(Authorizing re-appointment of William J. Carr as a Member of the Zoning Board of Adjustment for a term of four years, said term expiring December 31, 2011 )

RESOLUTION NO. 688-08

(Authorizing appointment of Alan Seijas as a Member of the Zoning Board of Adjustment for a term of four years, said term expiring December 31, 2011 )

RESOLUTION NO. 689-08

(Authorizing appointment of Patricia Rasmussen as Alternate Member No. 1 of the Zoning Board of Adjustment for a term of two years, said term expiring December 31, 2009 )

RESOLUTION NO. 690-08

(Authorizing re-appointment of Maryann Hornsby as a Member of the Environmental Commission for a term of three years, said term expiring December 31, 2010 )

RESOLUTION NO. 691-08

(Authorizing re-appointment of Charles Schumann as a Member of the Environmental Commission for a term of three years, said term expiring December 31, 2010 )

RESOLUTION NO. 692-08

(Authorizing re-appointment of Lisa Fitzpatrick as a Member of the Recreation Commission for a term of three years, said term expiring December 31, 2010 )

RESOLUTION NO. 693-08

(Authorizing re-appointment of Dean Gentek as a Member of the Recreation Commission for a term of three years, said term expiring December 31, 2010 )

RESOLUTION NO. 694-08

(Authorizing re-appointment of Dennis Hall as a Member of the Tourism Commission for a term of two years, said term expiring December 31, 2009 )

RESOLUTION NO. 695-08

(Authorizing re-appointment of Lester Klayman as a Member of the Tourism Commission for a term of two years, said term expiring December 31, 2009 )

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 696-08

(Authorizing confirmation and ratification of the appointment of two Class II Police Officers)

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

Vote:    Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and which appear in full hereinbelow, be paid.

Vote:    Gould-Cabrera-Groon-Yes

Mrs. Gould announced that the 2008 Borough calendar is now available and it “turned out great.”

The Clerk reported that he had been requested by Mr. Groon to place on for discussion the placement of funds in the 2008 Municipal Budget for a new telephone system. He went on to add that it would be in the vicinity of $80,000. He added that he had advised Mr. Groon that as part of any consideration for that, there are also considerations for capital improvements as well as where the Borough would be at this point for the 2008 budget above the 2007 budget in terms of tax levy and CAP restrictions. Mr. Cabrera stated that he had originally submitted a list for $100,000 for the telephone system. He added that he would be seeking a second quote for a telephone system installation. Mrs. Gould inquired if “this is something we really need.” Mr. Cabrera responded that the Borough’s technology is outdated and there would be some long-term savings if the Borough changed to voice over IP, which would also provide additional services. It was Mr. Cabrera’s opinion that it is a necessary change. Mr. Groon stated that the reason he had requested that it be placed on the agenda was that he did think it needed to be discussed. It was his opinion that other quotes be obtained since he thought the prices received were “excessive.” He did agree with Mr. Cabrera that it does need to be done in order to “get control of the long distance costs.” The Clerk indicated that other quotes would be obtained by Mr. Cabrera. Mrs. Gould interjected that there is a possibility that it would not be in the 2008 budget. Mr. Cabrera responded that if it is in the 2008 budget and is not utilized, there would be no harm done.

With regard to the amendment of the ice cream peddlers ordinance, the Clerk had provided the Commissioners with an opinion letter from the Solicitor. He indicated that it would maintain the status quo in terms of the provisions of the ordinance, but simply adding one more license. The Solicitor had suggested a one time extension of the application date for the new license. The Clerk indicated that his concern was that there has been a request from a resident for consideration to adding another license. He reported that his office had receive an application from a veteran for another license. It was his opinion that there would be difficulty giving the license to the resident given the rights of the veteran. The Solicitor interjected that she had indicated that the new license would be subject to veteran preference under the statute. The Clerk went on to state that by adding one additional license, the Borough may not be accomplishing its objective. The Solicitor inquired if all of the current licenses were renewed. The Clerk responded in the affirmative. Mr. Groon inquired if a second license were to be added, would it also be subject to the veteran preference. The Solicitor responded in the affirmative. Mrs. Gould inquired what the fee for an ice cream license was. The Clerk responded that it is in the vicinity of $850.00 in total. Mrs. Gould asked the Solicitor if she was recommending increasing the fee for the 2009 season. The Solicitor responded in that affirmative. The Clerk clarified that the 2008 licenses were to have been paid by December 31, 2007 . The CFO stated that the actual mercantile license for an ice cream license is $350 and the balance is the tourism fees. Mrs. Gould asked the Chief of Police if his department had a problem increasing the number of licenses by one or two. The Chief of Police responded that there would be no problem because of the various regulations in place under the Borough’s ordinance and state statutes. The Clerk inquired of the Commissioners if there was an interest in expanding by two licenses or to leave it at one as was previously discussed. Mrs. Gould inquired if a new licensee would be required to have a new truck or would they be permitted to use a previously owned truck. The Chief of Police responded that it does not have to be a new truck. Mr. Cabrera inquired if there are “specifications” for what is required on the truck. The Clerk responded that there are certain specifications and equipment required by the Borough’s ordinance as well as by state statute. Mrs. Gould stated that she did not have a problem with increasing the number of licenses by two. Mr. Groon inquired if the Borough has a time limit for applying for an ice cream license. The Clerk responded that the ordinance currently provides that for the 2008 season, the application and payment must be received by December 31, 2007 . He added that if the ordinance is amended, there could be the possibility of the new licenses being permitted for the 2008 season. It was determined by the Board of Commissioners that two new licenses will be added. The Clerk indicated that his office would confer with the Solicitor to have the amendment drafted.

With regard to the computer maintenance service, the Clerk reported that proposals had been received from South Jersey Technology Partnership (who is under contract with the county and Dennis Township ) and Eastern IT Group. They vary greatly in terms of overall costs and also in “trouble shooting.” He indicated that he had supplied the Commissioners with all of the information on both of these potential vendors. The Clerk stated that with Eastern IT bills have mounted and he was very dissatisfied with the SPAM protection since he is still receiving many SPAM e-mails daily. He indicated that he had a resolution for South Jersey Technology Partnership for a total not to exceed amount for 2008 of $8,500.00. Mr. Groon interjected that the $8,500.00 is the cost for remote monitoring of the servers. He added that there is an additional cost for on-site calls for problems that cannot be corrected remotely. It was his understanding that the CFO was going to put additional funds in the budget to cover those on-site calls if necessary. It was determined that the resolution would be held until the January 23, 2008 meeting pending confirmation of the on-site charges. Mr. Cabrera stated that no matter which company ultimately receives the contract, there must be a company available to service the network, the hardware, individual computer problems, etc. He indicated that Eastern IT is the company that installed the network and he did not know how familiar SJTP would be with the equipment. He was advised that they have looked at the system.

With regard to the Crest Pier Stores, the Clerk indicated that on December 21, 2007 the Commissioners were provided with a memorandum regarding the expiration of the leases on those stores, and requesting direction from the Commissioners as to minimum rental amount, lease term, etc., with respect to same. He added that a determination would be necessary prior to the January 23, 2008 in order to permit sufficient time for advertisement, bid and award in advance of April 30, 2008 (current) lease terminations. Mrs. Gould inquired as to the number of stores presently being leased. The Clerk responded that there are two stores leased. Mr. Cabrera stated his opinion that they should be re-bid for another two years with a “cost of living” increase. The Clerk stated that he strongly recommends against a two year lease because without the ability to have a long-term lease, the Borough would be significantly limiting potential bidders. Mr. Cabrera inquired as to the length of the leases prior to the current leases. The Clerk responded that they were five year leases. Mr. Groon inquired as to the current lease amount. The Clerk responded that he believed it was in the vicinity of $8,000. Mrs. Gould suggested a four year lease. The Clerk also requested a minimum bid amount. Mr. Groon inquired if there is a square footage difference between the two stores. The response was that they are close in square footage. Mr. Cabrera stated that recreation would be able to utilize those two stores for summer youth camp, but he did not think the loss of revenues would be off-set. The Clerk again requested that his office be provided with a determination within a week in order that bid specifications might be prepared prior to the January 23, 2008 meeting. Mrs. Gould reiterated her statement that the lease term should be four years. With regard to the minimum bid, she indicated that she would have to give that some thought. It was decided that the term of the lease would be four years, and the minimum bid amount would be provided to the Clerk in the next few days.

With regard to the Fishing Pier concession rental, the Clerk indicated that he had provided each of the Commissioners copies of correspondence that the Engineer had recently submitted regarding potential issues in this regard with the DEP and that no further discussion would be provided during this meeting due to potential litigation on the matter.

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

RESOLUTION NO. 697-08

(Closed Session – personnel matters – overall performance of current administrative staff against future needs)

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

Vote:    Gould-Cabrera-Groon-Yes

Upon returning from closed session, THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1054

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

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1054 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 23, 2008 at 7:00 p.m.

Vote:    Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 698-08

(Authorizing an employment agreement with the Chief of Police for calendar years 2008 through 2012)

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

Vote:    Gould-Cabrera-Groon-Yes

There being no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:    Gould-Cabrera-Groon-Yes

Dated:  January 23, 2008

Kevin M. Yecco, Borough Clerk