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Minutes of Commissioners Meeting   -   February 8, 2006

Note:  Complete Meeting Appears on Tapes #3-06 & 4-06 on File in the Borough Clerk’s Office February 8, 2006
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 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 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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 995 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. 995

BOND ORDINANCE APPROPRIATING $540,000, AND AUTHORIZING THE ISSUANCE OF $514,100 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 995.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance4 No. 995 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 995 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:

ORDINANCE NO. 996

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 35, FIRE PREVENTION, ARTICLE III ADMINISTRATION, SECTION 35-17 ADDITIONAL REQUIRED INSPECTION AND FEES, SUBSECTION C, DWELLING UNITS, SUBSECTION D, AND SUBSECTION E, SECTION 35-18 PERMITS, AND SECTION 35-19 VIOLATIONS AND PENALTIES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 931 ADOPTED MARCH 26, 2003

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 996 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 997

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40, LICENSES, ARTICLE I, MERCANTILE LICENSES, SECTION 40-4, FEES FIXED, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 997 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 998

ORDINANCE TO ESTABLISH CAP BANK FOR CY2006 PURSUANT TO N.J.S.A. 40A:4-45.14

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 998 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 999

AN ORDINANCE AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION FOR THE PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL PROPERTY FOR THE USE OF THE LOCAL ASSESSOR OF THE BOROUGH OF WILDWOOD CREST

Prior to motion and vote, Mr. Cabrera inquired if it was necessary to introduce this ordinance at this meeting since the Commissioners were awaiting a reply from the County Board of Taxation with regard to a request for an extension of time. The Clerk responded that no response had been received from the County Tax Board with respect to that request. Mr. Cabrera inquired if the funding was to be put in place via this ordinance and an extension were to be granted, would this ordinance be rescinded or the funding remain in place for the following year. The Clerk responded that the work must be done, but that it is a matter of timing. The Solicitor interjected that although a written response had not been received, she had received a verbal indication that the response will be “no” and if there is a basis for an extension of time, it will be after the Borough shows “good faith” with the funds in place and the intention of going forward with the bid process.

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 999 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1000

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 41, LITTER, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1000 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1001

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, TO ADD NEW ARTICLE IV, BACKGROUND CHECKS FOR EMPLOYEES AND VOLUNTEERS

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1001 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1002

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 48, PEACE AND GOOD ORDER, ARTICLE II, GAMING, IMMORALITY AND INDECENT CONDUCT, AND ARTICLE III, ANNOYANCE AND DISTURBANCE IN STREETS, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1002 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1003

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 73, TAXICABS, SECOND 73-4 LICENSE FEE AND TERM; SECTION 73-7 LICENSE APPLICATION QUALIFICATIONS; SECTION 73-9 DRIVER’S REGISTRATION REQUIREMENTS; SECTION 73-10 TRANSFER OF LICENSE, FEE; AND SECTION 73-18 VIOLATIONS AND PENALTIES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1003 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 33, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1004

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 60 – SEWERAGE – OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 947 ADOPTED ON NOVEMBER 24, 2003, SECTION 60-3 – CHARGES FOR NEW CONSTRUCTION, SUBPARAGRAPH B

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1004 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 22, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 186-06

(Authorizing deferral of school taxes in the amount of $1,974,654.50 to the year 2006)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 187-06

(Introduction of CY2006 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. 188-06

(Authorizing payment to Sharon Pullman for accumulated time balances in accordance with Section 46-5 of the Code 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. 189-06

(Authorizing utilization of the National Incident Management System in conjunction with homeland security and related training programs)

 

Mr. Groon 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. 190-06

(Authorizing award of contract to Cape Professional Billing for emergency medical billing services at an annual total commission rate of 6% of fees collected)

 

Mr. Groon 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. 191-06

(Authorizing interest rate, grace period and year-end penalty on delinquent tax and sewer payments)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk indicated to the governing body that the following six Resolutions dealt with public bidding and inquired if the governing body wished to motion all six Resolutions as a package. Mr. Groon asked that the Resolution authorizing Notice to Bidders for the lease of three Crest Pier Stores be removed and held over for the meeting of February 22, 2006. Mrs. Gould and Mr. Cabrera concurred.

THE CLERK THEN READ THE FOLLOWING RESOLUTIONS BY TITLE ONLY:

RESOLUTION NO. 192-06

(Notice to Bidders – Emergency Utility Repair)

 

RESOLUTION NO. 193-06

(Notice to Bidders – Repair and Replacement of Sidewalks and Curbs)

 

RESOLUTION NO. 194-06

(Notice to Bidders – 2006 Broyhill Load & Pack, or equivalent)

 

RESOLUTION NO. 195-06

(Notice to Bidders – Phase 3A Sanitary Sewer/Storm Sewer Construction Project)

 

RESOLUTION NO. 196-06

(Notice to Bidders – USDA Monterey Street & Utility Reconstruction Project)

 

Mr. Cabrera motioned, seconded by Mr. Groon, that the foregoing Resolutions Nos. 192-06, 193-06, 194-06, 195-06 and 196-06 be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 197-06

(Authorizing submission of an Aggressive Driving Enforcement Grant Application)

 

Mr. Groon 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. 198-06

(Opposing Senate Bill 457, amending Time of Decision Rule)

 

Mr. Groon 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. 199-06

(Authorizing the Treasurer or Health Benefits Coordinator to sign-off as “claimant” on premium vouchers for AmeriHealth coverages)

 

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. 200-06

(Authorizing recognition of the first Saturday in March 2006 as the “Polar Plunge for Andrew Alameno”)

 

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. 201-06

(Authorizing acceptance of credit card payment for municipal court fees)

 

Mr. Groon 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. 202-06

(Authorizing participation in the JIF Safety Incentive Program)

 

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

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

 

Phyllis Bethel, 104 West Morning Glory Road, and Rick Spina, 110 West Morning Glory Road, appeared before the Board of Commissioners to complain about the fire siren across the street from their homes that is defective and does not stop when it is activated. She has complained numerous times over the past year. The other sirens throughout the Borough do not have the problem of not stopping after they are activated. (Ms. Bethel played a tape recording of the siren while she was speaking.) Mr. Groon, who is the Commissioner of Public Safety, indicated that the Borough would resolve the matter as expeditiously as possible. Mr. Spina added that he had complained to the previous administration regarding the siren. He was told at that time that the siren had to be “tested” every day at lunchtime. He questioned the validity of that response. He added that the decibel level was well over 130 db and the law provides for anything over 65 db being excessive. Mr. Groon indicated that he would investigate the matter, gather information and try to deal with the problem as quickly and as effectively as possible.

 

Mr. Spina also congratulated the Board of Commissioners for their handling of the matter regarding providing emergency services to another community.

 

There being no further public comments, the commissioners determined to convene a closed session pursuant to the provisions of the Open Public Meeting Act for the purposes of discussing matters involving personnel, compensatory time policy, retention of part-time personnel, and potential authorization for opening of both the public safety telecommunicator and EMT contracts to change certain terms and conditions; THEREAFTER, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 203-06

(Closed Session – personnel matters; potential litigation)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, the Clerk reported that he had been instructed by the Board of Commissioners to prepare a draft of a compensatory time policy revision that would indicate that compensatory time be limited, with regard to employees not members of bargained union agreements and who do come under the provisions of FSLA, to the equivalent of one week of compensatory time “on the books” and no balance will be cashed out upon retirement. Employees who have time remaining on the books and who are unrepresented will be given until June 30, 2007 to utilize their time, and if the time is not utilized by June 30, 2007 the Borough reserves the right to cash out any and all remaining compensatory time. Additionally, all compensatory time earned and time used must be reported to the CFO on a monthly basis. The Board of Commissioners will review the draft for final approval of the policy change.

 

Additionally, the governing body, after having deliberated on the authorized discussion in closed session, will now consider formal authorization open the existing agreements with the Public Safety Telecommunicators and EMTs in order that the Mayor, the Clerk and the CFO will have the opportunity to renegotiate and open certain sections of the agreements that pertain to terms and conditions of employment.

Mrs. Gould motioned, seconded by Mr. Cabrera, that the aforesaid authorization be provided.

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        January 22, 2006

_________________________

Kevin M. Yecco, Borough Clerk  

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