Minutes of Commissioners Meeting   -   December 10, 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.

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1065 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. 1065

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 60, SEWERAGE, SECTION 60-1, PAYMENT FOR SERVICES, SUBSECTION A, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 947 ADOPTED NOVEMBER 24, 2003

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1065.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1065 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1065 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 878-08

(Authorizing certain budgetary appropriation transfers)

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. 879-08

(Authorizing the issuance of not exceeding $7,655,000 bond anticipation notes)

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. 880-08

(Authorizing approval for the submission of an application for participation in the Local Government Energy Audit Program of the New Jersey Board of Public Utilities)

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. 881-08

(Authorizing the Borough to participate with the NJSLOM in the on-going COAH litigation)

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. 882-08

(Authorizing confirmation and ratification of the appointment by Mayor Groon of Sean Atkinson and Harold Mitten as Class II Police Officers)

Mr. Groon motioned, seconded by Mr. Cabrera, 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

The Clerk reported that the Rambler Road Park project remains on “hold” pending confirmation of grant funding.

With regard to the COWCO renewal agreement, the Clerk reported that the matter remains on “hold” and was scheduled for closed session discussion at this meeting.

The Clerk indicated that the Borough Engineer was in the process of developing bid specifications for the concession rental at the fishing pier.

The traffic maintenance building renovation for records storage remains on “hold” pending further determination of potential acquisition of other property.

Concerning the street opening permit request for 115 East Orchid Road , the Clerk reported that he had received no further information from the Borough Engineer or South Jersey Gas Company. He advised that the Engineer has sent at least three follow-up requests to South Jersey Gas regarding the matter, and he has received no response. Mr. Groon suggested that the Solicitor get involved. It was determined that the Solicitor would contact the applicant to determine the status of the matter.

Nancy Pietropaoli, 6002 Seaview Avenue , inquired as to the purpose of removing bushes at the Little League field. Mr. Cabrera indicated that a new fence may be installed; that the bushes had “pushed the old fence over.”  He advised further that he has received many positive comments about area being cleaned out, being made open, and safer.

Bob Young, 207 East Louisville Avenue , commented on Ordinance No. 1065, and asked the reason for the increase. The Clerk responded it was based on increased water consumption. Mr. Groon added that all increases in prior years were based on the seasonal usage. He went on to state that it does not lessen the overall impact on that quarter, but it was his feeling to reflect the cost more fairly over everyone for the entire year.

Mr. Young also inquired about the recent ordinance adopted regarding the Defined Contribution Retirement Program. The Clerk explained the specifics of that program to Mr. Young, indicating that the positions for inclusion were contained in a model ordinance from the state.

Mr. Young then commented on the state of the economy and his concerns regarding the direction the Borough is taking with regard to borrowing for capital improvements.

There being no further public comments, the Clerk advised all present that the Board would now be going into closed session, for authorized topics under the open public meetings act as follows:

litigation for discussion of contribution toward the retention of special counsel by the City of Wildwood in regard to Morelli v. P & G Development, et al; negotiations for discussion of a successor agreement for continued membership in the City of Wildwood Construction Office as well as acquisition of property; personnel for discussion of staffing levels on the second floor of borough hall, and, finally, health insurance benefits for borough employees and volunteers.

IMMEDIATELY THEREAFTER, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 883-08

(Closed session: discussion of successor COWCO Agreement; potential acquisition of building and grounds; personnel matters)

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 RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 884-08

(Authorizing contribution toward the retention of special counsel in an amount not to exceed $2,681.04 for the defense of the Borough’s interest in regard to Morelli v. P & G Development, et al, Docket No. CPM-C-3-07)

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

Vote:          Gould-Groon-Yes                                    Cabrera-No

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 885-08

(Authorizing payment of the total increase in premium costs for the health insurance coverages for Wildwood Crest Volunteer Fire co. #1)

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

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera stated that with regard to the taxicab rates, he noticed on the side of a Yellow Cab vehicle the chart of blocks and rates. He questioned whether that was being applied in Wildwood Crest since the Borough’s rates were not changed. The Clerk responded that he could not answer that, but stated emphatically that they are not authorized to do that in Wildwood Crest. Mr. Cabrera asked if it would be a police department matter to investigate. The Clerk responded in the affirmative.

Mr. Cabrera stated that the property at Cardinal Road and Park Boulevard, Mr. Cabrera spoke to the attorney for the property owners with regard to the CAFRA requirement that public access be provided. He reported that it does not appear that anything would be done at the Cardinal Road locations, but they did discuss potentially “beautifying” Sunset Lake as a trade-off. The estimated cost would be $20,000. The Clerk stated that the Commissioners would have to make the determination as to whether Sunset Lake would be appropriate, or are there other potential locations to be improved. Mr. Cabrera stated that the property would have to be water front, and as close to the affected property as possible ( Cardinal Road and Park Boulevard ). That would include Sunset Lake , Rosemary Road park which has already been “spoken for” in another CAFRA application, or the Sweetbriar dock. Mr. Groon questioned whether $20,000 was a sufficient amount for the purpose of a “trade-off” contribution. The Clerk interjected that a review would have to be made of the value of what the public access aspect would cost the developer. Mr. Groon stated that there is not a property on the lake front under $1 million. He added that they should be utilizing 10% of that for public access, or for a trade-off.

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:        December 29, 2008

Kevin M. Yecco, Borough Clerk