Minutes of Commissioners Meeting   -   October 8, 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 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. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1063 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. 1063

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, TO ADD NEW ARTICLE VI, DEFINED CONTRIBUTION RETIREMENT PROGRAM, AND AMENDING ORDINANCE NO. 496 ADOPTED NOVEMBER 9, 1976, ORDINANCE NO. 594 ADOPTED MAY 22, 1984, ORDINANCE NO. 853 ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 990 ADOPTED DECEMBER 21, 2005, ORDINANCE 1001 ADOPTED FEBRUARY 22, 2006

Mr. Groon motioned, seconded by Mrs. Gould, that a public hearing be held on Ordinance No. 1063.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera stated that it was his understanding that the Borough was waiting for a determination from the State as to certain employees or titles. The Clerk responded that the determination for that employee would not be impacted by this ordinance. Mr. Groon stated that at this time he would like to table the ordinance as there were some issues that he was not comfortable with.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1063 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1063 not be adopted and be table indefinitely.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 844-08

(Authorizing insertion of a special item of revenue, in the amount of $10,500, for a DEP 2008 Recreational Trails Program Grant)

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. 845-08

(Authorizing issuance of not exceeding $3,430,000 bond anticipation notes 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. 846-08

(Authorizing the Tax Collector to conduct a Tax Sale pursuant to NJSA 54:5-19)

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. 847-08

(Authorizing award of contract to GWP Enterprises, Inc. in the total bid amount of $10,200 for 2008-09 Trench Restoration)

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. 848-08

(Authorizing award of contract to Sullivan & Pigliacelli, Inc., in the total bid amount of $6.50 per square foot for sidewalk repairs and $21.50 per lineal foot for curbing, for concrete repairs and/or replacement of sidewalks and curbs)

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. 849-08

(Authorizing award of contract to Ocean Outfitters in the total bid amount of $19,000 for a four year contract to provide ocean surf camp/water safety instructions)

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. 850-08

(Authorizing amendment of the Borough’s Personnel Policies and Procedures Manual)

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. 851-08

(Authorizing refund to Maryann Hoholuk in the amount of $330 for a duplicate 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. 852-08

(Authorizing refund to Helene J. D’Alessio in the amount of $200 for previous payment for a cement footing for a memorial bench which was determined by the Borough not to be necessary)

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. 853-08

(Authorizing Notice to Bidders for Rental of Umbrella Beach concession with oral bid receipt of October 30, 2008)

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

Prior to the vote, Mr. Cabrera inquired as to the current rental amount. The Clerk responded that it is presently $51,500.00. Mr. Cabrera then inquired if the contract term of the contract was four years. The Clerk responded that he believed it to be four years but that he would have to confirm.

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

The Clerk announced that discussion of the Rambler Road Park Project was “on hold” pending determinations from various state agencies as to available grant funding to determine monies that will not have to be expended from the capital improvement fund and bonding.

With regard to the COWCO renewal agreement, the Clerk reported that he had received nothing from the City of Wildwood , notwithstanding two inquiries to their Municipal Clerk for additional information with regard to “financials” and the amendment of the successor agreement .

He also indicated that he had received no further information from the City of Wildwood with regard to the taxicab rate change which is currently in full force and effect in the City of North Wildwood . Therefore, there are potentially four different rate schedules on the island.

Mr. Groon stated that with regard to the COWCO agreement, he would suggest that if nothing is heard from the City of Wildwood by the next meeting, there should be a closed session discussion scheduled. The Clerk concurred.

With regard to the proposal that the Traffic Maintenance Building be renovated for records storage, the Clerk indicated that that may change in the event there is acquisition of other potential lands and buildings, and, therefore, the matter will remain on hold.

Concerning the JCOW legal bill, the matter was also pending since the Solicitor had no received communications from the other municipalities or  Special Counsel on final billing.

The Clerk reported that he had sent an e-mail to the Borough Engineer with regard to the street opening request for 115 East Orchid Road asking for an update as to what he received from South Jersey Gas, and they have not provided any updated information to date.

As to the mercantile license fee amendment, the Clerk indicated that his office had received numerous requests from both vendors and hotel/motel owners seeking some form of redress from the amounts that were increased for the 2008 mercantile season. He went on to state that the governing body has received monthly updates from the CFO with regard to revenues from that program, and those fees have greatly assisted the administration and enforcement (both zoning & police) of that program.

The Clerk suggested that the issue be assigned to committee for consideration of a recommendation to the governing body at a later date. He suggested that the committee be comprised of Mrs. Gould, the Clerk, the CFO and the Deputy Municipal Clerk. Mr. Groon stated that he would concur, but added that the only issue he had was that all three municipalities being on different pages for rates and fees being charge, and suggested that the other municipalities be contacted in an effort to make them consistent. The Clerk suggested that the Borough’s committee meet initially to make a determination of what the Borough deems realistic and fair charges, and thereafter a meeting could be arranged with the other municipalities, if possible. Mr. Cabrera inquired if the TDF (GWTIDA) would be included in the discussions. The Clerk responded that it would be strictly mercantile fees, as well as to make sure businesses are not placed as “not otherwise classified” since in Wildwood Crest all businesses fit into a specific category. Mr. Cabrera stated that the TDC (the local tourism assessment) should also be reviewed since it is different in Wildwood Crest than in the other municipalities. The Clerk responded that he did not think it was, adding that the statute states that it is 50% of the mercantile fee, up to a maximum of $100.00. Mr. Cabrera went on to state that his purpose in bringing up the matter was that he had noticed many commercial properties on New Jersey Avenue in Wildwood Crest that are vacant. The Clerk responded that the Borough hadn’t impacted that and mercantile fees aren’t being charged as “an alternate source of revenue.” But, rather, are only permitted to be charged as an off-set for costs to enforce the mercantile ordinance, such as police enforcement, zoning regulation compliance, as well as the recording/processing of the data by the Clerk’s Office. He agreed with Mr. Cabrera, however, that continuity island-wide was needed.

Nancy Pietropaoli, 6002 Seaview Avenue , inquired, with regard to the library, if there were any funds from the Borough to be utilized for the proposed renovation. Mr. Groon responded that the County was not asking for funds directly from the Borough for the renovations. However, the Borough does contribute approximately $750,000 to the Cape May County Library Commission. The Clerk interjected that our annual contributions are “percentage driven.” Mr. Groon added that one of the issues for the County was ADA obligations, and that was the catalyst for some of the renovations. The Clerk added that the Borough has recently made some of those capital improvements to insure compliance with ADA , such as the entrance to the library. Mr. Cabrera stressed that no dollars are planned for the 2009 municipal budget for any library renovations.

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

RESOLUTION NO. 854-08

(Closed Session: potential building/land acquisition; negotiation of contributions from Volunteer Firefighters for continuation of health insurance coverage; negotiation of planned renovations to the Crest Library facility by the County of Cape May Library Administration )

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

Vote:          Gould-Cabrera-Groon-Yes

Upon returning from closed session, 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:        October 22, 2008

Kevin M. Yecco, Clerk/Administrator