Minutes of Commissioners Meeting   -   April 14, 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.

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1096 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:

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 22, CONSTRUCTION, ARTICLE 1, UNIFORM CONSTRUCTION CODE, SECTION 22-3, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 1084 ADOPTED NOVEMBER 23, 2009

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1096.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1096 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1096 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:

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 79, VEHICLE AND TRAFFIC, ARTICLE II, PROHIBITING PARKING: PROHIBITED STOPPING OR STANDING AND TIME LIMIT PARKING, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, ADDING SECTION 79-8.2, CROSSWALKS; AMENDING AND SUPPLEMENTING ARTICLE V, THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTIONS, SECTION 79-15, STOP INTERSECTIONS DESIGNATED; AND AMENDING AND SUPPLEMENTING ARTICLE II, PROHIBITED PARKING: PROHIBITED STOPPING OR STANDING AND TIME LIMIT PARKING, SECTION 79-4, PARKING PROHIBITED DURING CERTAIN HOURS

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1097 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 28, 2010 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 246-10

(Authorizing introduction of the CY 2010 Municipal Budget)

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. 247-10

(Authorizing deferral of school taxes to the year 2010 in the amount of $1,675,000)

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. 248-10

(Authorizing designation of parking meter charges and commencement/expiration dates for said charges)

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. 249-10

(Urging gubernatorial and legislative action to discontinue the freeze on UEZ funding and the restoration of UEZ incentives in the state fiscal budget year 2010-2011)

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. 250-10

(Authorizing award of contract to Garden State General Construction, Inc. for 2010-2012 Emergency Utility Repair in the not to exceed amount of $27,585.60)

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. 251-10

(Authorizing award of contract to American Tennis Courts, Inc. for the reconstruction of tennis and basketball courts in the contract amount of $300,555.25)

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. 252-10

(Authorizing refund of annual fire registration fee in the amount of $35 to Louis S. Wojcik for premises located at 408 E. Myrtle Road , Unit C0306)

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. 253-10

(Authorizing refund in the amount of $320 to Joseph Guerrieri for an ambulance transport duplicate payment)

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. 254-10

(Authorizing extension of the 9-1-1 Agreement with the Borough of West Wildwood)

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 first matter for discussion was the UCC carry-over inspections. The Clerk reported that he had received an indication from the Acting Business Administrator in the City of Wildwood that the Borough’s request had not been forgotten and that he will be recommending to the City of Wildwood governing body that the amount being requested, approximately $40,000, for the fees collected by Wildwood that are needed by the Borough of Wildwood Crest to conclude the plan reviews and inspections by the Borough’s third party inspectors would be acted upon by that governing body.

Concerning the beach maintenance project, the Clerk indicated that discussions would be taking place in closed session regarding that matter regarding NJDEP matters.

The Clerk next advised, with regard to the Rambler Road Park project, that the Engineer was in need of final guidance from the governing body. The Engineer indicated that he had taken no action in that matter pending a final decision as to what the project would contain. He added that the grant funds must be “spent” before the end of 2010 primarily for ADA compliant improvements. Mr. Groon suggested submitting the application as the plans stand, and they could be amended in the future. The Engineer concurred, so long as the changes reduce the scope of the project, not increase them. Mr. Cabrera also agreed.

The Clerk asked for authorization from the governing body for the Engineer to proceed with the CAFRA application in conjunction with the requirements for the Rambler Road Park project as contained in the most recent plan description. Mr. Cabrera motioned, seconded by Mrs. Gould, that said authorization be provided.

Vote:          Gould-Cabrera-Groon-Yes

With regard to the Comcast Cable Franchise renewal, the Clerk reported that the public hearing had been scheduled for June 9, 2010, and the advertisement requirements would be met prior to that date. Mr. Cabrera asked for clarification of the franchise renewal. The Solicitor responded that all rates are set by the Board of Public Utilities. Comcast pays the Borough for easements and use of underground areas, as well as a percentage of the fees collected. She added that those fees are set and cannot be negotiated by the Borough. Mrs. Gould asked if there will be a “cable war” when Verizon brings Fios into the area. The Clerk responded that Verizon has indicated that Fios will not be brought to our barrier island. The Clerk went on to state that the first publication date for the hearing notice would be on April 21, 2010, and the second publication would be May 26, 2010, with the public hearing set for June 9, 2010 at 10:00 a.m.

Barry Felice from A+ Cab, 164 West Crocus Road , stated that he was concerned about the low number of taxi licenses available in Wildwood Crest. He stated that North Wildwood has 24 licenses available, and Wildwood has 21 available. He stated that he receives calls from Wildwood Crest and is unable to service those calls. He added that although there are eight licenses available in Wildwood Crest, there are not eight taxis being run in Wildwood Crest because the license holders are not putting cabs on the street. He asked that the Borough increase the number of taxi licenses available. The Clerk stated, for the record, that the ordinance has been in effect for almost 40 years, and there has been nothing provided to the Borough to date to request an increase in the number of taxis over the current number available. He added that there has also never been a request directly to the governing body to consider an increase in that number. Mr. Felice also requested that the Borough limit the number of licenses issued to any one company in order to prevent one company from monopolizing the municipality. He also added that Wildwood Crest does not require inspections of the vehicles as do Wildwood and North Wildwood. Additionally, he requested that Wildwood Crest issue decals to designate which vehicles are permitted to operate in the Borough. Mr. Groon thanked Mr. Felice for his comments, which he advised would be taken under advisement.

Charles Meyers, 206 East Aster Road , commented on the kayak launch at Sunset Lake . He inquired as to any proposals at the site. Mr. Meyers submitted photos of the area at low tide, depicting a hazardous condition. Mr. Cabrera indicated that there is a pending project to install a floating dock at the area. He added that there is an area further up the lake that is being utilized by other kayakers, and the Engineer is looking into installing an extension down off the launch ramp to eliminate potential trips and slips in that area. The Engineer interjected that there will be a new kayak launch area by July at the Rosemary Road park.

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

RESOLUTION NO. 255-10

(Closed session – for potential litigation with the NJDEP over the CAFRA permitting process for beach grading, maintenance, etc.)

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

Vote:          Gould-Cabrera-Groon-Yes

The Clerk stated that the purpose of this closed session was to discuss potential litigation with the NJDEP over the CAFRA permitting process for beach grading, maintenance, etc. He added that the matter will be released to the public at the conclusion of the discussion, and the governing body would be returning to open session at the conclusion of the closed session discussion, and formal action may be considered at that time and that the public would be invited back into the meeting after the discussion.

Upon returning from closed session, and 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:        April 28, 2010

Kevin M. Yecco, Borough Clerk