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Minutes of Commissioners Meeting   -   February 22, 2006

Note:  Complete Meeting Appears on Tape #5-06 on File in the Borough Clerk’s Office February 22, 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 Municipal Court Room at 7:00 p.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 November 10, 2005.

 

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. Groon, that Ordinance No. 996 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. 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 a public hearing be held on Ordinance No. 996.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 996 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 996 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 997 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. 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 a public hearing be held on Ordinance No. 997

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 997 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 997 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. 998 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. 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 a public hearing be held on Ordinance No. 998.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 998 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 998 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. 999 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. 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

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 999.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 999 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 999 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. 1000 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. 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. Groon, that a public hearing be held on Ordinance No. 1000.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1000 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1000 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. 1001 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. 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 a public hearing be held on Ordinance No. 1001

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1001 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1001 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. 1002 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. 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. Groon, that a public hearing be held on Ordinance No. 1002.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1002 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1002 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1003 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. 1003

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 73, TAXICABS, SECTION 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 a public hearing be held on Ordinance No. 1003.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1003 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1003 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. 1004 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. 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

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1004

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1004 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1004 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 204-06

(Authorizing Notice to Bidders for the Lease of Three Stores at the Crest Pier Community Center, in The Herald edition of March 1, 2006)

 

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. 205-06

(Authorizing refund in the amount of $320 to Mark Ricciardi for an ambulance transport billing overpayment)

 

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. 206-06

(Authorizing refund in the amount of $20 to Stephanie M. Moya for an ambulance transport billing overpayment)

 

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. 207-06

(Authorizing appointment of Kevin M. Yecco as Municipal Administrator)

 

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. 208-06

(Authorizing Caroline Hennessey to be an additional signatory on the Tax Collector Lien Redemption Account)

 

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. 209-06

(Authorizing submission of the recycling tonnage grant application to the NJDEP and designating Robert Little, Recycling Coordinator, as the individual charged with all responsibilities appertaining thereto)

 

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

Vote:          Gould-No                                                Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 210-06

(Authorizing the CFO to open a “demand account” at Crest Savings Bank and designating the authorized borough signatories)

 

Mrs. Gould motioned, seconded by Mr. Groon, 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 on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that the minutes of meetings held January 18 and February 8, 2006, as well as the closed session minutes of both meetings, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, 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 January 31, 2006 be accepted as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk presented to the governing body information regarding coin drop policy and indicated that an ordinance would be required if the governing body wished to implement such a policy. The Clerk added that the Atlantic County Municipal Joint Insurance Fund has established rules and regulations regarding the matter but they are not supportive of theses types of exposures; that there are significant concerns regarding volunteers being in the middle of heavily traveled streets during peak seasonal periods attempting to solicit donations. Mr. Groon stated that the Volunteer Rescue Squad has requested that the governing body implement a coin drop policy in order that they might be able to recoup  funds lost from termination of the Lower Township Local Services Agreement, and he requested input from Mrs. Gould and Mr. Cabrera.  Mr. Cabrera inquired if the Volunteer Rescue Squad had a specific location in mind to conduct the coin drop. The Clerk responded that they are requesting Jefferson and Pacific. Mr. Cabrera then inquired how often these activities would take place. Mr. Groon responded that they are asking for Memorial Day Weekend,  as well as July 1, 2 and 3, and Labor Day Weekend.

The Clerk interjected that the concern is that those are heavy traffic weekends and this a potentially dangerous activity.  Mrs. Gould inquired what the policy of the ACMJIF was. The Clerk responded that the JIF normally frowns upon these types of activities because of the exposures presented to the volunteers who are covered under worker’s compensation through the Borough. Mr. Cabrera stated that he would give the volunteers credit for trying to be creative in coming up with additional funding, but he did not think a busy public street would be the best place to conduct the fund raising activities. He went on to state that if the rescue squad is permitted to conduct coin drops, other similar charitable organizations would have to be permitted to conduct coin drops. The Clerk concurred. Mr. Cabrera inquired how much money the rescue squad is looking to raise. Mr. Groon responded that he did not have that information. The Clerk interjected his opinion that on the three weekends requested, the likelihood is good to make a great deal of money. Mr. Groon added that he would hesitate to suggest a dollar amount. The Solicitor inquired if the JIF prohibits coin drop activities. The Clerk responded that they do not, but that they do set guidelines which must be adhered to for coverage to continue to be extended. Mr. Groon added that the County would have to be involved as well since Pacific Avenue is a County road. The Clerk reminded the governing body that it would be strictly a policy decision on the part of the Board of Commissioners and that an ordinance would have to be adopted. Mr. Groon stated that he would like to work with the volunteers to come up with a better solution. Mrs. Gould inquired as to the earliest date an ordinance could be in effect. The Clerk responded that the ordinance would have to be introduced no later than the first meeting in April. Mr. Groon added that the Chief of Police would have to be part of the process. Mrs. Gould suggested that, since there was some time available before an ordinance must be introduced, the Commissioners should take the time to fully contemplate the issues involved. Mr. Groon concurred. Mr. Cabrera added that there may be some other opportunities for the volunteers raise money, and he reiterated his concern for their safety in conducting coin drop activities in the streets. Mr. Groon indicated that he would speak with the rescue squad volunteers’ Director to determine if there might be other options for fund raising. The Clerk reminded the Commissioners that any ordinance would have to be introduced in early April in order to have the ordinance effective by the end of the end of May.

 

There being no other matters for discussion and no public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY, indicating for the record that the three matters for discussion included potential litigation regarding the JCOW Fire Inspection matter; personnel matters regarding contract re-opener for the telecommunicators’ contract; and an update from the Assessor regarding revaluation matters.

RESOLUTION NO. 211-06

(Closed session – potential litigation; personnel; revaluation)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, and there being no further discussion, Mr. Cabrera motioned, seconded by Mr. Groon, that the meeting be adjourned.

Vote:          Cabrera-Groon-Yes       Gould-absent

 

Dated:        March 22, 2006

 

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