Minutes of Commissioners Meeting   -   January 23, 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 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 7, 2007.

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 Mrs. Gould, that Ordinance No. 1054 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. 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. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1054

Vote:           Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1054 be closed.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1054 be passed on second and final reading and advertised according to law.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1055

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 40 – LICENSES – ARTICLE II – PEDDLING AND SOLICITING OF ICE CREAM PRODUCTS - OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 498 ADOPTED NOVEMBER 10, 1976

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1055 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 6, 2008 at 9:30 a.m.

Vote:           Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 699-08

(Authorizing award of professional services contract to South Jersey Technology Partnership at a cost of $8500 per year for comprehensive remote network monitoring and administration services, as well as not to exceed $3500 per year for engineering and desktop support)

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. 700-08

(Authorizing advertisement of Notice to Bidders for rental of two Crest Pier Stores for a lease period of four years with a minimum annual bid amount of $12,000)

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. 701-08

(Authorizing execution of Joint Insurance Fund Safety Contract by all affected borough officers and employees for calendar year 2008)

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. 702-08

(Authorizing award of contract to Vickery Companies in the amount of $110,000 for a 2007-08 Ford 450 Type III Ambulance, or equivalent)

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. 703-08

(Authorizing revision of the Borough’s Policies and Procedures manual, specifically concerning Vacation Leave Policy and the methodology by which annual time is provided)

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. 704-08

(Authorizing revision of Borough Resolution Nos. 04-05, 59-05, and 636-07, relative to reorganization of Borough departments, to permit a shift of grants administration and communications to the Department of Revenue and Finance, and UEZ representation to the Department of Public Works)

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. 705-08

(Authorizing appointment of Commissioner Don Cabrera as the Borough “elected official” representative to the UEZ)

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 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 December 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 held December 27, 2007 and January 9, 2008 , as well as the closed session minutes of January 9, 2008 , be approved as presented.

Vote:           Gould-Cabrera-Groon-Yes

The Clerk reported that a discussion. i.e. work session, was scheduled for January 29, 2008 at 9:00 am with respect to the “2008 Municipal Budget”, and indicated that additional direction would be needed with regard to cost factors and other potential vendors regarding the proposed new telephone system. Mrs. Gould asked Mr. Cabrera if he had contacted other vendors in addition to VOIP. Mr. Cabrera responded that he was going to obtain at least two more, but it was decided that he would wait pending the reorganizational resolution adopted earlier in the meeting. Therefore, no additional quotes have been obtained. Mrs. Gould asked that Mr. Cabrera provide her with the names and contact information of the potential vendors in order that she could direct that other quotes be obtained. Mr. Cabrera responded that one of them is under State Contract. Mr. Groon interjected that a discussion will be required at the meeting of January 29, 2008 when the budget is discussed. The Clerk concurred.

Mr. Groon went on to state that at the meeting of January 29^th, a final determination needs to be reached with regard to staffing reorganization. The Clerk clarified that Mr. Groon was speaking of the reconfiguration of the administrative offices. Mr. Groon concurred, adding that if it is to be done in 2008, there would be a budgetary impact. He asked that a recommendation be prepared for the governing body to discuss. The Clerk responded in the affirmative.

With regard to the telephone system, Mr. Groon added that the type of telephone system will also have to be discussed.

Nancy Pietropaoli, 6002 Seaview Avenue , inquired when the actual construction work would be commenced on Seaview Avenue . Mr. Cabrera responded that it should commence by the end of January or early February. Mrs. Pietropaoli inquired if she would be able to park on the street during the reconstruction. Mr. Cabrera responded that the work will be done in stages, and the residents will be notified when they would be impacted. He added that if there is anyone in the neighborhood who needs special assistance, the contractor should be advised and they will be make sure there is access.

Mike Schultz, 211 East Palm Road , inquired about the ordinance amending the ice cream vendors ordinance earlier introduced. He asked if the application he submitted in June 2007 was still valid, or would he have to submit a new application. The Solicitor responded that she had not seen the application submitted by Mr. Schultz. The Clerk interjected that Mr. Schultz submitted an application in consideration for the licenses that were pre-existing in the event one of those license holders defaulted or “gave up” their license. He added that all of those applications, from the prior license holders, were received in a timely manner. The Solicitor inquired if any action was taken with regard to Mr. Schultz’s application. The Clerk responded that no action had been taken. The Solicitor stated that it would be her opinion that he would not have to resubmit an application. Mr. Schultz stated that the application he had submitted was incomplete since there was no vehicle information, salesman information, or background check. The Solicitor stated that Mr. Schultz should understand that the pending ordinance provides that they will be issued in the order in which they are completed and approved, therefore, if his is incomplete it could not be approved. Mr. Schultz indicated that the only reason his would be considered incomplete is because he cannot provide vehicle information since he has not purchased a vehicle without knowing he will receive a license. The Solicitor responded that that would deem his application to be incomplete. She recommended that Mr. Schultz review the ordinance to determine what is required. Mr. Schultz inquired about the impact of the veterans’ preference on his application. He was advised that should two veterans make application, they would be given preference as is required by law. He asked if the Borough has ever issued a license to a veteran over and above the limited number. The Clerk responded that it has been done in the past. Mr. Schultz inquired why veterans could not be permitted to vend ice cream without taking the two new licenses from the public that are not veterans. The Solicitor responded that the Borough has an ordinance limiting the number of licenses issued. The Clerk interjected that without a limit, the Borough could potentially have an unlimited number of ice cream vendors. Mr. Schultz stated that, in that event, should two veterans apply, he would be wasting his time. The Solicitor stated, “unless the Commissioners amended the ordinance to include additional licenses.” She added that under the existing ordinance, the answer would be “yes.” The Clerk interjected that based upon history, virtually all of the current license holders are not veterans. Mr. Schultz stated that his concern would be that it is a big expense to purchase a vehicle, and asked that consideration be given to approving his application with the make and model of the vehicle not completed. The Solicitor responded that that would not be possible, since another applicant could come in with a complete application. Mr. Cabrera inquired if the Borough requires that actual vehicle information. Mr. Schultz responded that the application requires the make and model of the vehicle. The Solicitor stated that, assuming the ordinance is adopted, the answer to Mr. Schultz’s question is dependent upon him since he cannot ask the Board to tell him that he can delay purchasing a vehicle (and have an incomplete application) because if another applicant comes in with a fully complete application, they would “beat” Mr. Schultz in priority of approved applications. She added, “that’s a risk you take.”

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

Vote:           Gould-Cabrera-Groon-Yes

Dated:         February 20, 2008

Kevin M. Yecco, Borough Clerk