Minutes of Commissioners Meeting   -   January 13, 2010

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 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, the Herald and The Press on October 23, 2009.

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. 1088 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. 1088

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 67, STREET EXCAVATIONS, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING AND SUPPLEMENTING ORDINANCE NO. 984 ADOPTED OCTOBER 26, 2005

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1088.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1088 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1088 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

The Clerk announced that a public hearing on Ordinance No. 1087 would not be held at this time due to an error contained in the published version of that ordinance, and that it was re-advertised with the corrected date in the Herald edition of January 13, 2010 and that the public hearing will be held on Wednesday, January 27, 2010 at 7:00 p.m.

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1089

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1089 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 27, 2010 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1090

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, SECTION 32A-1, FEES, GENERAL, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007; AMENDING AND SUPPLEMENTING CHAPTER 56, RECREATION COMMISSION, SECTION 56-3, POWERS AND DUTIES, RATES AND FEES SCHEDULE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009; AND AMENDING AND SUPPLEMENTING CHAPTER 8, BEACHES, SECTION 8-6Q(5), OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ORDINANCE NO. 655 ADOPTED JULY 20, 1987, ORDINANCE NO. 695 ADOPTED MAY 10, 1989 AND ORDINANCE NO. 862 ADOPTED SEPTEMBER 29, 1999

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1090 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 27, 2010, at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1091

AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 920 ENTITLED “AN ORDINANCE TO ESTABLISH EMERGENCY MEDICAL TRANSPORT SERVICES FOR SERVICES RENDERED WITHIN THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY ”

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1091 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 27, 2010 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 173-10

(Authorizing adoption of calendar year 2010 Temporary Municipal Budget)

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. 174-10

(Authorizing adoption of the Cash 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. 175-10

(Authorizing advertisement of Notice to Bidders for the Rosemary Road Bayfront Bulkhead Reconstruction project)

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. 176-10

(Authorizing refund to Eleanor DeMasi in the amount of $75.35 in conjunction with an 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. 177-10

(Authorizing refund to Madonna E. Logue in the amount of $10 in conjunction with an 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. 178-10

(Authorizing appointment of Kevin M. Yecco as Hearing Officer and J. Fred Coldren as Conflict Hearing Officer for calendar year 2010 for all Department of Personnel (a/k/a Civil Service) disciplinary action hearings)

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. 179-10

(Authorizing award of a professional services contract with J. Fred Coldren to serve as Conflict Hearing Officer for calendar year 2010)

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. 180-10

(Authorizing reappointment of Carl H. Groon as Class I Member of the Wildwood Crest Planning Board effective immediately and terminating May 14, 2013)

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. 181-10

(Authorizing reappointment of Joyce P. Gould as Class III Member of the Wildwood Crest Planning Board effective immediately and terminating May 14, 2013)

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

Prior to the vote, Mrs. Gould inquired if the new governor would be doing away with all May elections. The Clerk responded that the local governing body would have to determine to authorize that. He added that should the governing body determine to do so, their terms would be cut short since the election would have to be held in November prior to the expiration of their terms in May since it would not be permissible to extend their terms beyond four years.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 182-10

(Authorizing reappointment of Brendan Sciarra as Class IV Member of the Wildwood Crest Planning Board effective immediately and terminating December 31, 2013)

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. 183-10

(Authorizing reimbursement directly to employees and retirees for vision claims involving purchase of eyeglasses or contacts to the extent authorized by Borough Ordinance No. 1082)

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. 184-10

(Authorizing issuance of a Special Events Permit to Life Rolls On Foundation to hold an Adaptive Surfing Program on June 19, 2010 at Rambler Road beach)

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. 185-10

(Authorizing the CFO to open an account for the deposit of all monies received in conjunction with the Uniform Construction Code Office)

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. 186-10

(Authorizing advertisement of Notice to Bidders for one 2010 Ford F-150 4x4 Crew Cab Pick-Up, 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. 187-10

(Authorizing the Borough of Wildwood Crest to request $150,000 from the NJ Enterprise Zone Authority for the construction of the Fern Road Park Pavilion)

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

The Clerk indicated that he had provided to each member of the governing body a packet containing the updated list of 2010 Capital Improvements as had been discussed at the January 6, 2010 special meeting. He added that due to the fact that the Borough will not be introducing the 2010 Municipal Budget until mid or late March, there was less pressure to make final decisions regarding the capital improvements at this time but direction will certainly be necessary for the CFO to finalize the plan.

Mr. Cabrera stated that he saw no changes to be made in the list as it comported with the prior discussions. Mrs. Gould inquired if the reconfiguration of the Borough Hall parking lot was an absolute necessity. Mr. Cabrera responded that the project came about in discussions and planning for the construction office which will necessitate additional traffic in Borough Hall. Mr. Groon added that the Pacific Avenue entrance to the parking lot is not necessary and by eliminating that entrance several additional parking spaces could be added to the lot, as well as one additional space on the street.

The Clerk stated that all of the projects are predicated upon notice being received from the Department of Community Affairs that the Borough had been awarded $500,000 for the Lake Road , in which event a few items had been shifted to the 2010 Capital budget in order to relieve financial obligations in upcoming years.

It was pointed out that a major project for 2011 was the Washington Avenue project, and it was anticipated that the project would have to be expanded.

The Clerk requested direction from the governing body to put funding in place for the environmental consultant. Mr. Cabrera stated that it was to be in the operating budget. The Clerk indicated that the problem with that was that the contract could not be awarded until the budget was adopted. Mr. Cabrera stated that it was his understanding that it was in the temporary budget. Mr. Groon indicated that it would have to come out of the engineering line in the temporary budget.  Accordingly, confirmation of the foregoing would be sought from the CFO before moving forward.

Mrs. Gould inquired if the contract with the environmental consultant will contain a time constraint and penalties to be imposed if the time frame is not met. Mr. Cabrera responded that there would be no specific penalty clause, but a time line could be provided. Mrs. Gould inquired if the firm is usually within their timelines. Mr. Cabrera indicated that he could not answer that question. The Engineer responded that the issue of time will not be a problem with the emergency portion of the project. The rest of the project is reliant upon state approvals. The Solicitor suggested awarding the contract with a “time is of the essence” stipulation. The Clerk interjected that penalties could not be imposed for untimely completion of the work due to delays by outside entities such as state agencies during the permitting process or related issues.

With regard to the planning assessment, Mr. Groon reported that the Planning Board had approved the proposed re-examination over the next two years, commencing with recreation. A contract would have to be finalized with the planner. The Clerk interjected that a letter had been drafted to be sent to property owners and businesses seeking their input on the phases of the reassessment. Mr. Groon added that they would be attempting to finalize the first phase before summer 2010. Mr. Cabrera stated that at the next Recreation Commission meeting the commission would be starting to work on the first phase of the planning assessment.

Mr. Cabrera inquired if the planner was ready to commence work on the New Jersey Avenue streetscape plan. He added that funding had been provided by the UEZ for that purpose. Mr. Groon responded that there was a four month commitment for other work.

There being no public comments, Mr. Groon requested a short recess in the proceedings at 10:05 a.m. Mr. Cabrera seconded the motion.

Vote:          Gould-Cabrera-Groon-Yes

The meeting was reconvened at 10:15 a.m.

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 188-10

(Authorizing a professional services contract with Lomax Group LLC as Environmental Consultant)

Prior to motion and vote, the Clerk reported that the Engineer had recommended that a contract be awarded to this firm, and the Solicitor had also made such a recommendation after full review of the two proposals submitted. He added that the second portion of the contract will be contingent upon satisfactory and timely performance of the initial portion of the contract which was the emergency permit and grading of the beach to reduce ponding in accordance with their proposal dated November 19, 2009 and their supplemental correspondence dated December 31, 2009 describing the services and indicating the emergency permit can be on an expedited basis without an increase in professional services.

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

Vote:          Gould-No                                                 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 27, 2010

Kevin M. Yecco, Borough Clerk