Minutes of Commissioners Meeting   -   February 11, 2009

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 5, 2008.

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 ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1068

ORDINANCE TO ESTABLISH CAP BANK FOR

CY2009 PURSUANT TO N.J.S.A. 40A:4-45.14

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1068 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 25, 2009 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1069

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, SECTION 32A-2, MARRIAGE AND CIVIL UNION CEREMONIES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ORDINANCE NO. 1038 ADOPTED JUNE 27, 2007; AND AMENDING AND SUPPLEMENTING CHAPTER 56, RECREATION COMMISSION, RATES AND FEES SCHEDULE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ORDINANCE NO. 851 ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 885 ADOPTED MARCH 28, 2001, ORDINANCE NO. 924 ADOPTED JANUARY 6, 2003, ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006, ORDINANCE NO. 1035 ADOPTED APRIL 4, 2007, AND ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1069 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 25, 2009 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 920-09

(Authorizing deferral of school taxes to the year 2009 in the amount of $1,750,000)

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. 921-09

(Authorizing appointment of Robert Patterson to the Tourism Development Commission, for a term commencing effective immediately and expiring December 31, 2010)

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

Prior to the vote, Mrs. Gould commended Mr. Cabrera on his choice to appoint Mr. Patterson due to Mr. Patterson’s knowledge of tourism in Cape May County and the entire state.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 922-09

(Authorizing the Alameno Walk to be held in the Borough of Wildwood Crest on Thursday, March 12, 2009, starting at 7:00 p.m. at the Miami Avenue Park )

Mrs. Gould 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 on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

With regard to the Fitness Park Pavilion, Mr. Groon inquired as to whether the Borough stood financially. The Clerk indicated that it was his understanding that private funding was being obtained, and that the Borough had $50,000 budgeted for that project. Mr. Cabrera reported that the final project at the Fitness Park was the entertainment pavilion, which had already been “speced out.” He went on to state that when CAFRA held hearings on the matter, neighboring property owners had indicated a desire for a “better design.” Those neighboring property owners have paid for a new design which has been to CAFRA.

The Borough is awaiting final projected costs from the architect and the Borough Engineer, which is anticipated to be in the vicinity of $80,000 to $100,000, of which the Borough had planned to budget $50,000. The neighboring property owners have indicated that they would like to contribute in order to have their desired design built. Mr. Cabrera added that he had discussed the matter with the CFO who had indicated that the funds could be received by the Borough through a Chapter 159 resolution. The Clerk interjected that he would like to see a legal opinion that there would be no benefits or any other matters for the donors to be derived from the donation.

With regard to the fishing pier concession rental, the Clerk indicated that he had provided the members of the governing body with materials which included suggested items from the Borough Engineer to be included in the bid documents, as well as comments from the Solicitor. The Clerk asked that the Engineer follow up with the DEP regarding the Borough’s application which had been pending for over 15 months asking that they respond in a certain timeframe.

The Clerk requested that the governing body provide the CFO with direction concerning 2009 Capital Improvements, as he requested a consensus of opinion for items to be included. Mr. Groon reported that he had put together some thoughts in that regard based on comments made over the past months. It was his opinion that there should be a “B” plan for 2009 based on projected “stimulus” and he suggested that the Borough complete Seaview Avenue and the Washington Avenue storm sewer under the potential “stimulus.” There are three other items that are pending as part of an on-going replacement program, and they include one police vehicle, a trash packer and a beach rake. He indicated that he would rate the foregoing items as “Plan A” if the Borough did obtain “stimulus” funding and cut the Borough’s funding to only the replacement vehicles. The Clerk interjected that it was his understanding the beach cleaning equipment may have been included in the Borough’s “stimulus” application. The Engineer responded that the final document, due March 2, 2009, had not been submitted. What had been submitted was the Clean Water Loan document which would provide a rough idea of the Borough’s anticipated projects. Mr. Groon added that he was attempting to set some parameters in order to provide the CFO with some guidance. It was his opinion that if “stimulus” funds were not received by the Borough, Seaview Avenue would still be undertaken as an on-going project, as well as the Washington Avenue storm sewer, but he would not recommend doing the outfalls in 2009. He added that the three vehicles would also be recommended. Mr. Groon went on to state that 2010 would then include the outfalls and potential maintenance of some of the buildings.

Mr. Cabrera reported that he, the CFO and the Engineer had attended a meeting of the Infrastructure Trust Fund. The purpose of the meeting was to determine the extent of funds needed by the various municipalities in order to be prepared when the stimulus announcement is received from the federal government. Mr. Cabrera asked for confirmation of his understanding of the projects to be included, which were Seaview Avenue from Atlanta to Jefferson, the outfall lines, Washington Avenue storm sewer, and equipment to include a public safety vehicle, a trash packer, beach tractor and beach rake. He added that the beach tractor and beach rake are eligible under the EIP.

The Clerk stated that under the DLGS’s new budget timetable, the Borough would be introducing its budget on March 11, 2009, as permitted by the recent Local Finance Notice.

The Clerk reported that the naming of the various Borough parks was being worked on. Mrs. Gould reported that the 100^th Anniversary Committee had its first meeting, and that matter was discussed. She indicated that various options were discussed, including holding contests. She added that the next meeting of the Committee would be held on March 19^th at the Crest Pier. The Clerk inquired if would be the intent of the Committee to present names for the various parks to the governing body for consideration. Mrs. Gould responded that she hoped to have names to present to the governing body in early 2010 or the latter portion of 2009.

With regard to the records storage issue, the Clerk reported that an alternative area had been discussed. There had been discussions regarding expanding the second floor toward the ocean. Additionally, possibly the attic of Borough Hall may be another possibility. The Clerk reminded the governing body that the original location discussed had been the old public safety building behind Borough Hall. He indicated that direction would be needed for either option for budgetary purposes. Mr. Cabrera reported that his carpentry supervisor was working on specifications and cost estimates for all options and a recommendation would be forthcoming.

Mr. Cabrera indicated that he had nothing further to report regarding the UEZ budget funding.

The Clerk indicated that a request had been received from a member of the public to install a “drop box” in Borough Hall for after-hours payments. He advised that after several discussions, it would seem that the best alternative would be a locked drop box with a mail slot in the area of the front door of Borough Hall. Mrs. Gould stated that the Tax Collector’s Office has had problems with payments not being timely received, and being lost in the mail. The Clerk interjected that it is the ultimate responsibility of the taxpayer to see that their payments are received, and a drop box would provide an alternative to the mail, to better help in that regard.

Mr. Groon stated that there was another issue to be considered, that being the payment of bills electronically and by credit cards. It was his opinion that the matter should be discussed in greater detail with these considerations as well. He added that the Fire Prevention Office has had problems, and he felt that providing the option of credit card payments would enable people to pay their bills “over the phone” and by electronic transfers. In talking about lock boxes, Mr. Groon suggested “looking at all aspects.” Mr. Cabrera asked if it would be possible to stagger employee hours around the time payments are due to accommodate after hours payments. The Clerk responded that currently, that would not be possible; that it would require amendment of the ordinance to provide “flex scheduling.” Mr. Cabrera stated his opinion that Saturday hours in a resort community was necessary.   The Clerk advised that seasonal employees may provide an alternative in this regard.

Nancy Pietropaoli, 6002 Seaview Avenue , inquired if it was not possible to pay taxes or sewer on-line at the present time. The Clerk responded that it was not possible.

Fred Mettler of the Wildwood Gables Yacht Club provided an update of the ongoing DEP licensure process. He indicated that the Yacht Club met with the DEP in October and no response has been received since that time.

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

RESOLUTION NO. 923-09

(Closed Session – negotiations to discuss the successor COWCO Agreement, and for potential acquisition of land; and personnel, to discuss employee benefit levels)

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:        February 25, 2009

Kevin M. Yecco, Borough Clerk