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Minutes of Commissioners Meeting   -   May 3, 2006

Note:  Complete Meeting Appears on Tape #14-06 on File in the Borough Clerk’s Office May 3, 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 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. Cabrera, that Ordinance No. 1008 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. 1008

AN ORDINANCE REVISING AND AUGMENTING CHAPTER 47, PARKING METERS, SECTION 2, ZONES ESTABLISHED, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, BY ADDING THERETO FOUR (4) ADDITIONAL PARKING METER ZONES

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1008.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1008 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1008 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Ms. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1009 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. 1009

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 79, VEHICLE AND TRAFFIC, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, ARTICLE II, PROHIBITED PARKING; PROHIBITED STOPPING OR STANDING AND TIME LIMIT PARKING, SECTION 79-3, PARKING PROHIBITED AT ALL TIMES, 79-32 SCHEDULE I; SECTION 79-6, PARKING TIME LIMITED, 79-35 SCHEDULE IV; ARTICLE IV, ONE-WAY STREETS, SECTION 79-12, ONE-WAY STREETS DESIGNATED, 79-37 SCHEDULE VI; ARTICLE V, THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTIONS, SECTION 79-15 STOP INTERSECTIONS DESIGNATED, 79-39 SCHEDULE VIII; AND ARTICLE IX, TURN PROHIBITIONS, SECTION 79-24, LEFT TURN PROHIBITIONS, 79-44 SCHEDULE XIII

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1009.

Vote:          Gould-Cabrera-Groon

Jim Johnstone, 300 East Miami Avenue , inquired if an approximate cost estimate could be provided for the signage for the changes contained in the pending ordinance. Mr. Groon responded that he did not have a cost estimate, but all of the changes were required and the work would be done by Borough employees. Mr. Johnstone then inquired about heavy truck traffic on streets other than the truck route. Mr. Groon responded that some trucks will have to traverse non-truck route streets in order to get to construction sites. Mr. Groon added that the police are working hard to enforce the truck route requirements.

There being no additional public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1009 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1009 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. 1010

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE,” FIXING AND DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE RAISING OF THE AMOUNTS THEREOF BY TAXATION FOR THE TIME AND METHOD OF PAYMENT

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1010 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, May 24, 2006 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 240-06

(Authorizing insertion of a special item of revenue in the amount of $10,420.12 for the Clean Communities Program and requesting approval for same from the Director of the DLGS)

 

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. 241-06

(Authorizing insertion of a special item of revenue in the amount of $4,000 for the Click It Or Ticket Campaign Grant and requesting approval for same from the Director of the DLGS)

 

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. 242-06

(Authorizing refund of tax or sewer overpayment to Countrywide Tax Service in the amount of $706.57 for Block 39, Lot 4, Qual. C0103)

 

Mr. Groon 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. 243-06

(Authorizing refund for ambulance transport overpayment to AETNA in the amount of $47.58)

 

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. 244-06

(Authorizing the Borough to make application to the Local Finance Board regarding non-conforming maturity schedule relating to the issuance of bond for various improvements)

 

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. 245-06

(Authorizing specific charges and fees for sponsors and participants in the “Wheelin’ the Wildwoods Bike Race” to be held June 17, 2006)

 

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. 246-06

(Authorizing issuance of a special events permit to Hobie Fleet 443 for the purpose of hosting a boat race on August 26, 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 BY TITLE ONLY:

RESOLUTION NO. 247-06

(Authorizing support for amendment to Binding Arbitration Statute)

 

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

Prior to the vote, Mr. Cabrera inquired as to the impact of the legislation. The Clerk responded that it tightens some areas with respect to issues with regard to the 2.5% CAP, it requires that the arbitrator determine the net economic changes if there is an award that would exceed the CAP.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 248-06

(Authorizing support for participation in the 2006 Think Safety Community Campaign)

 

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. 249-06

(Authorizing refund in the amount of $35 to Gertrude Woloshyn for a fire registration fee overpayment)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills property 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 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 March 31, 2006 be accepted as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

A discussion was held with regard to the lack of bids on the rental of Store No. 1 at the Crest Pier. The Clerk indicated that the 2006 summer season is fast approaching, and requested the Board of Commissioners to make a determination as to whether they wished to negotiate between any potential bidders, with the proviso that there is absolutely no permitted ability to negotiate the change in terms and conditions as previously advertised. The Clerk added that a prospective bidder on that store had been unwilling to bid with the lease term of two years, which is the term of the leases for the other two existing stores. Mr. Cabrera inquired, from a long-term standpoint, what the vision for the property would be. He added that it was his vision that the area would be a “tourism hub” for recreation, information and refreshments. Mrs. Gould disagreed, stating her opinion that the Crest Pier is not the center of town, but rather that it would be Rambler Road .   There was no conclusion to the resolution of this matter.

 

The next matter for discussion was the proposal to adopt an ordinance authorizing a Zoning Use Compliance Certificate. The Solicitor submitted a proposed ordinance. The Solicitor indicated that copies of sample ordinances were obtained from the City of Cape May and the Borough of Cape May Point. She added that the Wildwood Crest Zoning Office had indicated a desire to have such an ordinance in the Borough in order that when properties are transferred, the buyer would be made aware of all zoning requirements regarding the property and also provides the Borough an opportunity to ascertain which properties are and those that are not in compliance with current zoning. She added that the Borough does have a problem with personnel to conduct inspections under the ordinance; therefore, the draft does not state shall require an inspection, but that it may require an inspection if the production of documents requested is insufficient for the zoning officer to make a determination. The Clerk interjected the question to the Solicitor as to whether the draft ordinance should be reviewed by the zoning officer and/or either or both of the land use boards. The Solicitor responded that the ordinance did not come to the Commissioners as a Planning Board recommendation, but rather directly from the governing body. The Mayor indicated that an informal discussion would be had with the Planning Board on May 4, 2006. The Clerk indicated that, upon hearing from Mr. Groon that all is in order, he would list the ordinance for introduction at the meeting of May 24, 2006.

 

The next matter for discussion was the Wildwood Water Utility rate increase proposal. The CFO reported that Wildwood Water Utility is no longer under the jurisdiction of the Board of Public Utilities as it relates to rates. Consequently, the Wildwood Board of Commissioners have the authority to impose rate increases as they deem fit and appropriate, and the Borough of Wildwood Crest has no voice in the matter, there is no public advocate for oversight. He added that he did not deem it worth attempting to voice any objections since the Wildwood Board of Commissioners will do what they want to do. The Clerk interjected that it should be noted that anything the Wildwood Board of Commissioners might impose upon “the ratepayers” would directly affect their residents as well and there could be repercussions with respect to that ordinance in the City of Wildwood . The CFO indicated that he had been advised that the rate increase will be in the vicinity of 34%, and it was his opinion that 34% is excessive. He indicated that on February 9, 2006 there was a public hearing at Wildwood City Hall with regard to a proposed $1.3 million rate increase. At that time, statements were made by representatives of Wildwood Water Utility that 85% of those funds was to be used for debt service. He indicated that should that amount be added to the existing debt service, the annual debt service would become $2 million. The CFO went on to state that on March 3, 2006 he was advised that the 2006 debt service was not $2 million but rather $1,418,000. He then indicated that on April 20, 2006 he was provided with the proposed budget document for Wildwood Water Utility, and that document indicates a debt service of $1,038,000. That is an increase of only $73,000 over 2005. The CFO indicated that he has been unable to obtain any documentation supporting the additional debt service.

 

The Clerk inquired if the Solicitor should correspond with the Wildwood City Attorney and demand a full disclosure as to what the increase entails. The CFO stated that, as it reflects on the Borough’s budget, a 34% increase in public fire protection (fire hydrants) will cost the Borough an additional $11,000. The CFO added that it was his understanding that the City of Wildwood will be introducing their ordinance in May 2006 to increase the rates.

 

Mr. Cabrera inquired if there is a “joint committee” formed with regard to the water utility with representatives from Wildwood Crest and North Wildwood. The CFO responded that that committee meets quarterly, that he has attended every meeting since it was formed, and that it “has no teeth” but is more informational.

 

Mrs. Gould asked that the CFO explain for those present how removal of BPU oversight came about. The CFO responded that the bill was introduced before the legislature was introduced in February 2004 and was only just passed in January 2006. He added that the sponsors of the bill were from Camden County and the Camden utility was the real target of the legislation. Unfortunately, it also impacted Wildwood Water Utility because the number of customers served outside their jurisdiction falls within the legislation.

 

Mr. Cabrera asked if specific questions can be raised in any correspondence sent to the City of Wildwood in this regard. The CFO responded that he has raised questions, and has not received full responses.

 

Mr. Cabrera inquired if there would be a public hearing on the Wildwood Water Utility proposed budget. The CFO responded that a public hearing will be required on the ordinance to be introduced by the Wildwood City Board of Commissioners.

 

Mr. Groon inquired as to the average impact on the consumer. The CFO responded that it would mean a 33% increase on the same usage. The CFO went on to state that the Wildwood Water Utility has a fixed meter charge, and an additional “commodity charge,” but that both charges will increase by approximately 33%.

 

Mr. Groon inquired if the increase would have an impact on sewer charges. The CFO responded that sewer rates will not increase since that charge is based on gallons used, and not the amount paid for the water.

 

The CFO went on to state that Wildwood Water Utility is defending the increase by stating that Wildwood Water still has the “cheapest water” of surrounding utilities. The CFO’s opinion was that that is immaterial because the rates are only reflective of what it costs to run the utility and Wildwood Water is a small utility with lower operating costs.

 

The CFO added that the Wildwood Water Utility budget contains a rate increase of $1,450,000 annually and the proposed 2006 budget utilizes none of the current surplus, which as of December 31, 2005 was over $200,000. He stated that that was unacceptable. Mr. Groon inquired as to the size of the utility’s budget. The CFO responded that it is approximately $5.3 million. Mr. Groon asked if the CFO found a surplus of $200,000 to be excessive with that size budget. The CFO responded that he did not find that to be excessive, but that the fact that they opted to not utilize any of the surplus to off-set the increase was not acceptable to him. He added that the 2006 budget is balanced with only $900,000 of the proposed increase. Therefore, the additional $500,000 to be raised in the first half of 2007 will be additional surplus. He gave the example of Wildwood Crest having a $3 million surplus and not utilizing any of that surplus to off-set the next year’s budget, but rather to raise the entire budget by taxation. Mr. Groon inquired what a reasonable surplus for that size budget would be or try to attain. The CFO responded that there is no such number, since the water utility operated for many years with only $12,000 in surplus.

 

Mr. Groon summarized by stating that the water utility is indicating they are funding capital improvements but they are not stating what those capital improvements or debts would be. The CFO responded that he is a strong believer in capital improvements and that the ratepayers should pay for all capital improvements. However, although he has requested a schedule of capital improvements and debt service requirements for the next several years that would indicate this large increase is necessary, he has not been provided with that information. Mr. Groon interjected that it sounds like the Solicitor needs to follow up on obtaining specific information, and also contact the City of North Wildwood to ascertain their feelings before corresponding with the City of Wildwood with regard to the matter. The Clerk concurred.

 

The Clerk inquired of the Board of Commissioners whether they wished to have a meeting convened between the CFO and the Wildwood Water Utility, as well as the City of North Wildwood . Additionally, would any member of the governing body be included in those meetings. Mr. Cabrera stated his opinion that if the Borough is provided with answers to the various questions, and those answers substantiate the increase, he did not think meetings would be necessary. The Clerk indicated that his premise was that upon receipt of documentation, a determination could be made as to whether meetings would be necessary. Mr. Groon inquired if the Solicitor should write a letter to that effect. The Clerk responded in the affirmative.

 

The Clerk suggested that the Solicitor meet with the CFO to draft a letter, for review by the governing body, with the understanding that an attempt be made to maintain the best terms possible between the municipalities. All parties concurred.

 

The next matter for discussion was the proposed extension of the bicycle path/pedestrian walkway. The Clerk stated that there was discussion at a special meeting on May 1, 2006 as to potential methods to proceed. He indicated that the Borough has a limited window in which to make a determination.

 

Mr. Cabrera stated that the Borough has $250,000 in grant monies from the State of New Jersey DOT , and unless the project can be done “the way it should be done,” which is doubtful given CAFRA regulations, the cost will well exceed the grant monies. It was his opinion, with the issues to be faced with CAFRA and the probability that it would not be completed the way the Borough would like to see it, perhaps it is not a good idea at this time. He suggested that the plan be revamped to have it go down Rambler Road and tie into Sunset Lake . He indicated that the existing sidewalk at Sunset Lake could be widened to make it a bicycle/pedestrian path. It was his opinion that this option would be more affordable than the beach-front options. Mrs. Gould asked Mr. Cabrera if he had an estimate of the cost. Mr. Cabrera responded that he did not, but it was his opinion that it would not be “anywhere near close to the $1.5 million” necessary to complete the project on the beach at-grade.

 

Mr. Groon suggested that Mr. Cabrera proceed with obtaining cost estimates.

 

Mr. Cabrera stated that the Sunset Lake project will be commencing in the fall, and those plans could be modified to include a bicycle path. That path could run to the municipal boundary and loop around, or Lower Township could be approached to extend the path into their municipality. Mrs. Gould inquired as to how much the engineering study had cost the Borough for the Sunset Lake “bulkhead” project. Mr. Cabrera responded that it was $250,000. Mrs. Gould then stated that, potentially, this new study could cost the Borough a similar amount. Mr. Cabrera state that he did not think it would be anywhere in that vicinity, since it would only entail revising the existing plans to include the widening of the existing sidewalk at Sunset Lake .

 

The Clerk interjected whether that was a project to be pursued under the existing grant and since notice is required to be provided to the State by June on the three options available, something more immediate will be required to be done.

 

Mrs. Gould stated that there are many projects needed in the Borough and perhaps this is not the time to proceed with this project since “if we take the deal, we will pay a lot more for it.” The Clerk reminded the governing body that the CFO had issued a written memorandum indicating the status of capital improvement funding as well as the projects already underway or in the works for which funds are already committed.

 

Mr. Cabrera interjected that the Borough Engineer has requested a resolution suggesting that the Borough is planning to utilize the $250,000 towards a potentially modified extension of the bike path and that would be sufficient for the State to hold those monies pending further studies by the Borough. The Clerk inquired if it would even be possible to deviate from the existing three options previously approved by the State. The Clerk suggested that Mr. Cabrera make inquires in that regard. Mr. Cabrera concurred. The Solicitor inquired if the Engineer was requesting a resolution of the governing body from this meeting for him to work with to try to extend the time frame with the State. Mr. Cabrera responded that the State had given the Borough 45 days in which to make a determination to utilize the monies. He added that the Engineer suggested that a letter be sent to the effect that the Borough is still interested and is attempting to modify the plans. The Clerk interjected that it was his opinion that the 45-days deadline was made to fit in with the State’s fiscal budget year. Mr. Groon suggested that a letter be sent asking that the 45 days be extended. Mr. Cabrera indicated that the Engineer had stated that, if the governing body determines to write such a letter, the Borough should move forward with the project to do what needs to be done to make sure the project happens since the Borough could potentially lose funding in future years by refusing the grant funds.

 

Mr. Groon stated his opinion that the Borough should request an extension, and at the same time determine if changes could be made to the existing options. Mrs. Gould interjected that if a resolution was required, it could certainly be done, but it was her opinion that since the Borough had the names of the State representatives involved, a meeting should be scheduled to talk to those people about the matter.

 

Mr. Cabrera added that, if this is something the governing body wishes to do, a special meeting may have to be scheduled to invite the public to make comments.

 

The Clerk inquired if Mr. Cabrera would be contacting the Engineer to move the matter forward. Mr. Cabrera responded in the affirmative.

 

Before moving forward to the public comments portion of the meeting, Mr. Cabrera inquired as to the final determination with regard to Store No. 1 at the Crest Pier. The Clerk responded that no determination was made by the governing body other than to hold the matter open with the store to remain vacant. Mr. Cabrera inquired if an advertisement could be placed in the newspaper advertising the availability of the store. The Clerk responded that it was his opinion that it could be done, but that it would have to be done under the exact terms and conditions as the other two stores had bids awarded for. The Solicitor interjected that the Borough does have the ability to negotiate with any potential bidder without changing the terms and conditions. Mr. Cabrera stated that the store is in a good location and asked if there is a place to advertise that would give the store’s availability more exposure. The Clerk responded that it could be done. He added that he had had preliminary discussions, individually, with some of the Commissioners to the effect that there were “bigger plans” for the store down the road.

 

The Clerk reported that memorandums and follow-up inquires have produced no response in terms of the status of the tax map as it pertains to the revaluation. He requested that the Solicitor send a letter to the Tax Assessor requesting an update with regard to the revaluation and the status of the tax map. Mrs. Gould interjected that Lewis Conley of Van Note-Harvey Associates has been working on the tax map. The Clerk inquired if there was a current status report. Mrs. Gould responded, “all I know is we are working on it.” The Solicitor stated that the Tax Assessor had provided her with information that he was going before the County Board , and he had indicated that there was no decision from the State with regard to the tax map. The Clerk indicated that he had not received a follow-up from the Assessor.

 

Jim Johnstone, 300 East Miami Avenue , asked with regard to the increased gasoline prices, if the police department could switch to “motorcycles” to patrol in order to conserve gasoline. Mr. Johnstone then inquired as to the recent ordinance regarding hours of construction and asked if it was in effect yet since some contractors are working later in the evening than that ordinance permits. The Clerk responded that “it is close” and he would verify whether it is in effect yet or not. Mr. Groon added that the Borough will be hiring more code enforcement officers for the summer and enforcement will increase.

 

Tony Eisle, 118 West Cresse Avenue , stated with regard to the bike path that perhaps dedicating a lane on Rambler Road would demonstrate to the State that the Borough has some intention of routing the bike path to the lake at little or no cost to the Borough.

 

Additionally, Mr. Eisle commented about the archway over the bike path and its dedication. He suggested that it be advertised in some way, perhaps in coordination with the bike tour in June. Mr. Cabrera responded that the arch on the bike path is almost completed, and the Beautification Committee has suggested that some sort of ceremony be held on the day of the bike tour to dedicate the arch. He indicated that he has contacted the race coordinator to attempt to promote both events together.

 

Mr. Eisle inquired as to where the fees generated by the bike tour will be deposited. Mr. Cabrera responded that they will go into the Borough’s general fund.

 

Louise Johnstone, 300 East Miami Avenue , asked that the fitness park be designated as “non-smoking” since smoking would not be congruent with the purpose of the park. She also asked that there be more positive signage around the Borough. The Clerk responded that any negative signage around the Borough is specifically due to liability exposures. She asked if it would be legally possible to designate the fitness park as “non-smoking.” The Clerk responded that it may be possible. Mr. Cabrera inquired if the Borough is required to zone non-smoking areas in recreational spaces. The Clerk responded that all buildings are non-smoking, and that the Borough can look into designating non-smoking areas in recreational zones. Mr. Cabrera agreed that smoking in a fitness park would be contradictory.

 

Mr. Eisle suggested that in addition to the doggie bags provided throughout the Borough, the Borough could provide smoking receptacles in order to attempt to limit the number of cigarettes thrown on the ground.

 

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

RESOLUTION NO. 250-06

(Closed session – potential litigation re: GWTIDA administrative charges)

 

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

Vote:          Gould-Cabrera-Groon-Yes

The specific purpose for which the closed session was authorized: potential litigation with GWTIDA regarding administrative charges/collections of TDFs by member municipalities versus GWTIDA itself.  The Clerk advised all present that the governing body would be deliberating on the topic after a brief five minute recess, that the discussion would be released to the public at the conclusion of the matter, that formal action may be taken after the deliberations but that the governing body would be returning to open session after the discussion and prior to taking any formal action.

 

Upon returning to open session and there being no action to be taken or comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote: Gould – Cabrera – Groon – yes

 

Dated: May 24, 2006                                        

Kevin M. Yecco, Clerk/Administrator

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