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Minutes of Commissioners Meeting   -   December 21, 2005

Note:  Complete Meeting Appears on Tape #32-05 on File in the Borough Clerk’s Office December 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 Municipal Court Room at 7:00 p.m.  On roll call the following answered to their names:

                       Gould - Groon – Yes                       Cabrera - Absent

 

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.

 

Mr. Cabrera entered the meeting at 7:04 p.m.

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 134-05

(Honoring Cpl. Anton Smolka for exemplary service during the Iraq War)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 990 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE DEPUTY CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 990

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46,

OFFICERS AND EMPLOYEES, OF THE CODE OF THE BOROUGH OF WILDWOOD

CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY , TO ADD NEW

ARTICLE IV, MUNICIPAL ADMINISTRATOR

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 990.

Vote:          Gould-Cabrera-Groon-Yes

 

Robert Young, 207 East Louisville Avenue , stated that in his opinion the person in mind to be appointed to the position of Administrator is extremely competent to handle any and all responsibilities set forth in the ordinance. However, Mr. Young stated that he did have a problem with “who should be responsible,” since the Commissioners were elected by the people to be responsible. Mr. Groon responded that the responsibilities will be administrative only, and there are many things borough-wide that must be handled with consistency, especially with staff, policy and  procedures. Mr. Groon added that it was the decision of the Commissioners to coordinate those procedures, not necessarily to hire or fire, which are to remain the purview of the Commissioners. Mr. Groon went on to state “we are not giving up our jobs.” Mr. Young stated that the ordinance does not read that way, and suggested that an expiration be placed on the ordinance. Mr. Groon responded that the position is “at will.” Mr. Young read passages from the ordinance that were problematic to him. Mrs. Gould responded that the Administrator will ultimately be answerable to the Board of Commissioners. Mr. Groon interjected that past Commissioners and Mayors have given the Borough Clerk most of the responsibilities set forth in the ordinance, specifically, all personnel matters, insurance matters. Mr. Young added that since the Administrator will be doing most of the work of the Commissioners, the Commissioners should not be looking for a raise. Mr. Groon agreed. Mr. Groon added that the position is “at will” and will be reviewed by the Commissioners after one year to determine if any adjustments will be required. Mr. Cabrera concurred, adding that although the Administrator will be performing many functions, the ultimate responsibility will remain with the Commissioners. Mr. Young suggested that a clause be inserted into the ordinance to the effect that it will expire at the end of the current term of the Commissioners. Mr. Groon responded that the Commissioners will know at the end of one year whether the Administrator’s position is working out and it will be reviewed at that time. Mr. Young responded that he would review it with the Commissioners at that time.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 990 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 990 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 991 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE DEPUTY CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 991

AN ORDINANCE ESTABLISHING CHAPTER 32A, FEES, GENERAL, OF THE

BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE

OF NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 991.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 991 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 991 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE DEPUTY CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 992

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 56

OF THE CODE OF THE BOROUGH OF WILDWOOD CREST,

COUNTY OF CAPE MAY AND STATE OF NEW JERSEY ,

RECREATION COMMISSION, SECTION 56-3, APPROVING AND

CONFIRMING RATES AND FEES FOR THE RENTAL OF FACILITIES,

PARTICIPATION IN CERTAIN EVENTS AND ACTIVITIES, AND FOR

THE DEVELOPMENT AND IMPLEMENTATION OF OTHER REQUIREMENTS

APPERTAINING THERETO AND AMENDING AND AUGMENTING

ORDINANCE NO. 824 ADOPTED MARCH 12, 1997, ORDINANCE NO.

851 ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 889 ADOPTED

NOVEMBER 28, 2001 AND ORDINANCE NO. 924 ADOPTED

JANUARY 6, 2003

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 992 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 18, 2006 at 7:00 p.m.

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 135-05

(Authorizing support for implementation of a regional S.W.A.T. Team

under the direction and jurisdiction of the County of Cape May )

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 136-05

(Authorizing final payment to Intercounty Paving Associates in connection

with the Heather Road Storm Sewer Rehabilitation Project)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 137-05

(Authorizing the establishment of policy for reimbursement of AARP members who

qualify for health insurance coverage as active and retired volunteers of the Fire

Company and Ambulance Corps)

 

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

Vote:          Gould-Cabrera-Groon-Yes

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 138-05

(Authorizing refund of $59.48 to Vera Getz in conjunction with

an overpayment for ambulance transport)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 139-05

(Authorizing refund of $34.48 to James Lafata in conjunction with

an overpayment for an ambulance transport)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 140-05

(Authorizing refund of $400 to Jorge Marian in conjunction with a

duplicate payment for ambulance transport)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 141-05

(Authorizing extension of the Delta Dental premium rate per employee

at $7.87 through January 1, 2008)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 142-05

(Authorizing certain budgetary transfers)

 

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 hereinbelow, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held November 21 and December 7, 2005, as well as the closed session held November 21, 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 November 30, 2005 be accepted as presented.

Vote:          Gould-Cabrera-Groon-Yes

THE DEPUTY CLERK READ THE REPORTS SUBMITTED IN FULL.

 

A discussion was held with regard to the bid received on November 17, 2005 with regard to the beach umbrella concession. Mr. Groon stated his opinion that the bid received should not be rejected in order to amend the specifications to include the sale/distribution of water. It was his opinion that a fair bidding process was held, and it would not be good form to change the process. Mr. Groon added that he is not totally against the idea of adding water to the concession, he was not comfortable with rejecting the bid received.

 

Mr. Cabrera stated that he would be in favor of rejecting the bid and amending the specifications to include the sale of water. He went on to state that it was his opinion that since the entire governing body was in favor of the sale of water on the beach, now would be the time to do it rather than bidding it out separately. Mr. Cabrera stated that rejecting the bid received and amending the specifications would not be a major undertaking for the Borough and it could be accomplished prior to the 2006 summer season. It was Mr. Cabrera’s opinion that the sale of ice cream could also be put in the specifications as an “add alternate” in order that the Borough could determine exactly how much could be realized from such a concession, and if the number were to be significant enough, the residents may agree to ice cream on the beach.

 

Mrs. Gould agreed that water is good for the beach, but the kind you swim in and not the kind you drink. It was her opinion that once selling of any kind of drink or food on the beach is opened up, it would be like opening a Pandora’s Box that will never be closed again. She reminded Mr. Cabrera that there is the matter of the veterans being permitted to “vend their wares” if the beach is opened for any kind of vending, and that would create a “real problem.” She stated that she agreed with Mr. Groon that the bid should not be rejected. Mr. Groon interjected that this is a difficult issue, and even the entire community is divided on it. He added that at some point he would like to continue discussing how the Borough can implement Mr. Cabrera’s suggestions, but that he was uncomfortable with rejecting a bid that has already been received. Mr. Cabrera suggested that since Mr. Groon was uncomfortable with rejecting the bid received, the Borough should move forward with a separate bid to sell water on the beach at separate locations. Mr. Groon inquired how sales would be controlled in that scenario since there would be no specific locations as with the beach concession. Mr. Cabrera responded that there would have to be separate stands and locations for the sale of beverages. Mrs. Gould stated that visitors have managed to bring their own beverages up to this date, and will be able to continue to do so. It was her opinion that there would be much opposition from people who do not want any more or any extra things on the beach. She added that water and ice cream would be a convenience, but there are many people who would object. Mr. Groon stated that there are many issues to be considered, including the trucks at the ends of the streets and the motel coffee shops that service the beach. He indicated that the motel coffee shops are dwindling and if that trend continues, the Commissioners may have to revisit the issue. Mr. Cabrera interjected his opinion that if the reduction in the number of coffee shops becomes an issue, perhaps the Borough could allow those individuals to “come down on the beach.” Mr. Groon asked Mr. Cabrera to clarify that statement. Mr. Cabrera responded that perhaps the businesses could be permitted to sell on the beach adjacent to their premises, adding that Wildwood Crest is a resort town and that is about service to vacationers.

 

Mr. Cabrera reported with regard to the brick paver proposal that he has met with the Borough’s Chief Financial Officer and a plan has been developed. Essentially, a paver would be purchased by a member of the public and any “profits” from the sale would be placed in the general fund to off-set taxation. He added that there could be a potential for significant funds to be realized by the Borough. Mrs. Gould inquired if the pavers would be placed at the Rosemary Road Park. Mr. Cabrera responded in the affirmative. Mr. Groon inquired if formal action would be required of the Commissioners. The CFO responded that an amendment would be required for the fee ordinance in order to permit the Borough to charge for the pavers. He added that that would not happen until perhaps February or March 2006. Mr. Cabrera stated that the purchases would be coordinated through the Public Works office similar to the memorial benches in the past. Mrs. Gould inquired if all of the benches have been sold. Mr. Cabrera responded that some of the streets are over crowded with benches. It was determined that Mr. Cabrera would continue to review the matter with the CFO and the Borough Clerk.

 

Robert Young, 207 East Louisville Avenue, inquired if the time for Planning Board meetings had been changed. Mr. Groon responded that it has been changed to 5:00 p.m.

 

Mr. Young inquired of the CFO as to the November added assessments with relations to tear-downs. The CFO responded that he has not yet received a report from the Tax Collector , although the bills went out in November. He added that it was his opinion that there will be growth in the assessments.

 

Mr. Young then inquired about surveyors doing work on Louisville Avenue, and questioned if there will be street work taking place. Mr. Cabrera responded that a preliminary study is being conducted for the USDA Phase III Street Reconstruction project.

 

Mrs. Gould advised Mr. Young with regard to the change in time for the Planning Board that, if no municipal court is scheduled the Planning Board will meet in the Court Room, but if court is scheduled, the Planning Board will meet in the second floor conference room.

 

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

RESOLUTION NO. 143-05

(Closed session – potential litigation; potential retention of special counsel)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning to open session, there being no further discussion or action required, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        January 18, 2006

Kevin M. Yecco, Borough Clerk

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