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Minutes of Commissioners Meeting   -   November 21, 2005

Note:  Complete Meeting Appears on Tape #29-05 & 30-05 on File in the Borough Clerk’s Office November 21, 2005
Wildwood Crest, NJ

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 Second Floor Conference 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 December 6, 2004.

 

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 RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 125-05

(Authorizing issuance of a Special Events Permit to the Greater Wildwood Jaycees

for the purpose of holding a Christmas Parade on December 9, 2005 starting at the

Crest Pier and traveling north)

 

Mrs. Gould 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. 126-05

(Authorizing insertion of a Special Item of Revenue in the amount of $2,000

for the “Buckle Up South Jersey Seat Belt Initiative”)

 

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. 127-05

(Authorizing a refund in the amount of $100.20 to Dr. Charles Sakenas)

 

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. 128-05

(Authorizing transfers between 2005 Budget Year appropriations)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that a taxi license has become available due to the default in payment of the 2005 license fee by Theodore Harris. An application for taxi license from Irma Guy was presented to the Board of Commissioners for approval. The Clerk reported that all documents were in order.

Mr. Cabrera motioned, seconded by Mrs. Gould, that the taxi license application of Irma Guy be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that all bills properly authorized, as submitted and which appear in full hereinbelow, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held October 26 and November 9, 2005, as well as the closed session minutes of October 26 and November 9, 2005, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, Tax Collector and Chief of Police, be read and filed, and that the detailed financial report as submitted by the CFO on October 31, 2005 be accepted as presented.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK THEREAFTER READ THE REPORTS AS INDICATED.

 

Mr. Cabrera reported to the Board of Commissioners that members of the Beautification Committee recently toured the Rosemary Road Park to determine if “memorial” pavers could be placed at that site. He indicated that the memorial benches have been very popular and that the Borough is running out of places to put them. He went on to outline the plan of the Beautification Committee to make the Rosemary Road Park a “memorial park” whereby the public would purchase pavers in memory of a love one. He had explained to the Beautification Committee that the park is owned by the Borough and is not dedicated, but that did not seem to be an issue to the Beautification Committee. Mr. Cabrera presented a packet of materials regarding the proposed pavers, and indicated that the Public Works Department would install each paver as it is ordered.

 

Mrs. Gould inquired if the pavers would be limited to only “memorial” pavers, or if they might be utilized to commemorate other events. Louise Johnstone of the Beautification Committee responded that it would not be limited to only “memorial” pavers. Mrs. Gould went on to state that the Cape May County Police Academy has a paver “garden.” Mrs. Gould then inquired to the cost to be charged for the pavers. Mrs. Johnstone responded that a four-inch by eight-inch paver would sell for $100.

 

Mr. Cabrera explained that the bricks would be ordered in quantities of ten and the park has the potential to hold “thousands.” He went on to state that at $100 per brick, the potential for “cash flow” would be significant. He added that he has not discussed the matter with the Chief Financial Officer to work out details, and that the purpose of the current discussion was to bring the Board of Commissioners “up to speed” with the proposal.

 

Jim Johnstone, 300 East Miami Avenue , inquired as to the recent sewer reconstruction bond ordinance, asking if the ordinance included the area at Miami and Seaview Avenues, as well as Monterey and Seaview Avenues. Mr. Cabrera responded that it was his recollection that Miami Avenue was included in the bond ordinance, and that the entire street would be reconstructed. Mr. Johnstone then inquired if the stormwater sewer would be reconstructed at the same time. Mr. Cabrera responded that that is a condition of the State of New Jersey that the stormwater drains must be “looked at” at the time a street is reconstructed. He added that he would discuss the matter with the Borough Engineer to ascertain the answer, but it was his belief that the drain would have to at least be looked at when the construction took place.

 

Mr. Johnstone then inquired as to the status of the Sunset Lake bulkhead construction. Mr. Cabrera responded that the plans were revised to meet the local Environmental Commission requirements, as well as some requirements of the State of New Jersey . He went on to state that the application is presently under review by CAFRA and that agency has identified two small areas of wetlands and has requested a plan to preserve the wetlands.

 

Mrs. Gould inquired of the other two Commissioners as to their opinions regarding “open budget sessions” to be scheduled with the Chief Financial Officer and to be open to the public. Mr. Groon responded that he has not been exposed to the complete budget process and the involvement of personnel, and wanted to take time to review the matter prior to making a decision. Mr. Cabrera interjected that a positive aspect would be the “open communication” involved in such a process. Mrs. Gould concurred.

 

Mrs. Gould then indicated that the last time the Board of Commissioners had a salary raise was via Ordinance No. 769 adopted January 4, 1993. She went on to state that she was bringing the matter up in a public sessions because of recent events in a neighboring municipality whereby the governing body gave itself a raise in closed session. She then asked if the other Commissioners would be interested in exploring the possibility of salary increases for the Board of Commissioners. Mr. Groon responded that he would like to consider more fully both of Mrs. Gould’s suggestions prior to making any decisions. Mr. Cabrera added that perhaps the CFO could gather information regarding other municipalities with the same form of government and their salaries for governing bodies.  Mr. Groon concurred.

 

Mr. Cabrera reported that he is still in the process of putting together a proposal for beach vending. He indicated that he had received the report of the oral bids from the Borough Clerk with regard to the beach concessions, and Mr. Cabrera wondered if that concession could be combined with the additional proposed vending of water and beverages. It was his suggestion that the existing concession might be amended to include beverages. The Clerk responded that the bid received for the existing beach concession would have to be rejected and revise the bid specifications to enable some other type of vending at the location. It was the Clerk’s opinion that such a change may also have to be authorized by ordinance. He reminded the Commissioners that the existing beach concession includes only umbrellas, flotation devices and beach chairs. Mr. Cabrera reiterated his opinion that since the concession already exists, it should be amended to include beverages. Mr. Groon interjected that he was not sure it was that simple.

 

The Clerk noted for the record that the bids for the beach umbrella concession were received by oral bid on November 17, 2005, with the minimum required bid being $40,000 and the final bid resulting in $55,100. The Clerk indicated that he had received a deposit from the successful bidder, and that the balance of $45,100 was paid in full the following Friday, November 18, 2005, as required by the bid specifications. He added that it will be necessary for the Board of Commissioners to formally accept the bid and it will probably be placed on the meeting agenda of December 7, 2005 unless it is determined to reject the bid and amend the bid specifications. Mrs. Gould interjected her opinion that they were discussing two different matters since the proposed vending could include water, ice cream and food. Mr. Cabrera stated emphatically that his proposal is for water only at this time, adding that the other (current) services could be deemed to be for the safety of people at the beach, and water could be included in that classification. Mr. Groon asked for confirmation that the monies had been paid by the successful bidder. The Clerk responded in the affirmative but added that the bid has not been formally accepted/approved by the governing body. Mr. Cabrera inquired as to the number of bidders participating in the beach concession oral bids. The Clerk responded that there had been two bidders, Steve Anderson and the successful bidder, Bill Kelly, who presently has the concession. Mrs. Gould inquired as to from where Mr. Anderson originated. The Clerk responded that he believed he was from Glendora , New Jersey .

 

Mr. Groon advised Mr. Cabrera that he was sympathetic with the concept of water on the beach, but that the matter, in his opinion, required further exploration. He added that it was his opinion that it would be a mistake to reject the bid received for the umbrella concession.

 

Mr. Cabrera suggested that the vending on the beach project be started very small and limit it to only water. Mr. Groon responded that that is why it should be kept separate from the current concession contract.

 

The Clerk interjected that the water concession could be handled in a similar manner as the surf camp, and it could be accomplished at the December 7th meeting.

 

Mr. Cabrera inquired if the Borough had received any complaints regarding the beach concession [umbrella concession]. The Clerk responded that he has never received a complaint. Mr. Cabrera added that he has received only two negative responses regarding the water concession on the beach and they were increased trash and noise from “hawking.” He went on to state that since people bring snacks to the beach already, increased trash would not be a problem. Additionally, if the water concession were to be bid out similar to the umbrella concession, the “hawking” problem would also be resolved. Mr. Cabrera stated that it would eliminate all of the issues. Mr. Groon inquired if it would “eliminate all of the issues.” The Solicitor responded that the bid specifications would have to be revised to contain the selling of water, and then the concession re-bid. The Clerk interjected that the pending bid would also have to be rejected. The Solicitor went on to state that the bid specifications would have to include a clause that would preclude any other vending on the beach other than customers purchasing beverages at the specific sites as determined by the Borough. The Clerk added that it was his opinion that the new water concession would have to be authorized/established either through ordinance or resolution.

 

Mr. Cabrera stated that the current bid is $55,100 and with the addition of water, the bid could increase to as much as $100,000. The Clerk asked if Mr. Cabrera was speaking of combining the two concessions, or separating the concessions. Mr. Cabrera responded that he was speaking of combining the concessions.

 

The Solicitor inquired as to the number of umbrella stands presently existing. The Clerk responded that there are currently six or seven locations.

 

Mr. Cabrera inquired if the umbrella concession is a two-year contract. The Clerk responded that it is a three-year contract. The Clerk went on to state that the questions before the governing body are whether they wish to add water concessions on the beach, whether they wish to combine the water and umbrella concessions or make them separate. Mr. Groon stated that he would like to learn more about the legal aspect of the matter since he was not comfortable in rejecting the current pending bid. The Solicitor responded that all bids contain the right of rejection by the governing body. The Clerk interjected that there is a reservation of rights, including the right to reject any or all bids and the decision of the governing body shall be deemed final both in law and in equity, as the Notice to Bidders does provide.

 

Mrs. Gould stated her opinion that the umbrella concessions and water concessions are two totally separate things. She also inquired if the proposal to put lockers on the beach is being considered.

 

Mrs. Gould also inquired if the veterans’ issue has been considered. The Clerk responded that he would yield to the Solicitor, but that the type of vending created would determine whether it would be open to veterans vending on the beach. Mr. Cabrera inquired if Wildwood and North Wildwood have veterans’ issues in their municipalities. The Solicitor responded that the veterans’ issue depends on how the bids are put out. She went on to state that if the bids were put out in the same manner as the umbrella concession, the veterans’ preference would not come into play. However, if it is bid separately as a vending item and the scope of the original concession is enlarged to permit vending, it may become a veterans' issue.

 

Mrs. Gould reiterated her opinion that the two matters are totally different since water is “food” and the storage lockers are stationary “things.” Mr. Cabrera responded that as a small step towards better service to beach-goers, water would be the best choice, adding that it could be done on a trial basis for one year. The Clerk interjected that it would be a three-year contract. Mr. Groon added that should it be determined later that the water concession is working, it could not be expanded. The Clerk responded that the contract would have to be voided.

 

Mr. Groon inquired as to the time frame for approving the bid received for the umbrella concession. The Clerk responded that it was his intent to list the umbrella concession for the December 7th meeting for approval. Mr. Groon asked if there would be a problem in moving it to the following meeting. The Clerk responded that there would not be a problem. Mr. Groon stated that he would like to move the matter to the following meeting in order to provide more time to consider all aspects.

 

Mr. Cabrera inquired if the two people who bid on the umbrella concession could be contacted to determine if selling water would be something they would be interested in. The Clerk responded that he did not think it would be proper. The Solicitor concurred. The Solicitor added that it might be more proper to take official action to reject the bids rather than to contact the separate bidders.

 

It was determined to move the umbrella concession matter to the second meeting in December for further consideration.

 

Louise Johnstone, 300 East Miami Avenue , reported that the Beautification Committee is planning to construct a time capsule, and she requested the input of the Board of Commissioners as to what items should be placed in the time capsule. Mr. Groon inquired if the Historical Society had been contacted for their input.

Mrs. Johnstone also inquired if there had been any progress regarding purchasing of the Philip Baker House. The Clerk responded that the application has been made to the County Open Space Preservation Trust Fund, and that the Borough continues to wait to be scheduled for a presentation to that entity. He added that the indication was that the application would be considered in either January or February 2006.

 

There being no further public comments, and based upon the need to discuss potential litigation/negotiations regarding on-going emergency response issues with Lower Township, as well as the Bayview Corporation matter, health insurance negotiations with volunteers, and the potential of creating a new administrative title, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 129-05

(Closed Session – Potential Litigation; Personnel Negotiations and Matters)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, a short break was taken in order for the Clerk to obtain some records from his office.

 

Upon returning the open session, it was determined that the Commissioners would execute a letter addressed to the Township of Lower in which the Borough would provide the required 90-day notice of termination of the EMS Agreement with Lower Township .

 

There being no further discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        December 21, 2005

Kevin M. Yecco, Borough Clerk

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