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Minutes of Commissioners Meeting   -   January 24, 2007

Note:  Complete Meeting Appears on Tape #2-07  on File in the Borough Clerk’s Office January 24, 2007
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 9, 2006.

 

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 ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1023

AN ORDINANCE AUTHORIZING THE REPEAL OF ORDINANCE NO. 1021 ADOPTED NOVEMBER 29, 2006, WHICH ORDINANCE AUTHORIZED THE WITHDRAWAL FROM PARTICIPATION IN THE JOINT CONSTRUCTION OFFICE OF THE WILDWOODS, AND WHICH ORDINANCE AUTHORIZED THE TRANSFER TO THE DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF NEW JERSEY, ALL RESPONSIBILITY FOR ADMINISTRATION, INSPECTION AND ENFORCEMENT OF THE UNIFORM CONSTRUCTION CODE ON BEHALF OF THE BOROUGH OF WILDWOOD CREST

The Clerk then inquired as to the wishes of the governing body with regard to delaying consideration of second reading, public hearing and final adoption of this ordinance until after the closed session discussion. The Solicitor responded in the affirmative. The Clerk indicated that consideration of Ordinance No. 1023 would be held until after the closed session discussion.

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1024 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. 1024

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 66 – STORMWATER CONTROL – OF THE CODE OF THE BOROUGH OF WILDWOOD CREST ADOPTED AS ORDINANCE NO. 975 ON APRIL 6, 2005 AND AMENDING SECTION 11 – PENALTIES

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1024.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1024 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1024 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. 1025 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:

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 AND FOR THE TIME AND METHOD OF PAYMENT

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1025.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1025 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1025 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. 425-07

(Authorizing refund for sewer overpayment to Pelican Club Condo Association in the amount of $883.02)

 

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. 426-07

(Authorizing professional service agreement with coded Systems in an amount not to exceed $4,240 for codification and supplementation services)

 

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. 427-07

(Authorizing purchase off State Contract for Edmunds Associates to provide specified software)

 

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. 428-07

(Authorizing refund of partial application and escrow fees in the total amount of $800 to Michael & Marie Lieb in accordance with Zoning Board Resolution No. ZB-06-08)

 

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. 429-07

(Authorizing refund of ambulance transport service overpayment in the amount of $400 to Melissa LaPenta for duplicate payment)

 

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. 430-07

(Authorizing refund of ambulance transport service overpayment in the amount of $13.36 to Berneeda Tyburski)

 

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. 431-07

(Authorizing issuance of a Special Events Permit to Ocean Drive Run Club for the purpose of holding a marathon on March 25, 2007)

 

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. 432-07

(Authorizing purchase off State Contract of a 2007 unmarked Ford Crown Victoria)

 

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. 433-07

(Authorizing submission of a grant application in the amount of $255,000 to the Office on Violence Against Women for FY 2007 Grants to “encourage arrest policies and enforcement of protection orders)

 

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. 434-07

(Closed session – litigation and/or negotiation, specifically with respect to ongoing JCOW litigation and continued membership therein)

 

Prior to motion and vote, Mrs. Gould inquired if this was the “domestic violence coordinator” grant. The Clerk responded that he was not sure. Mrs. Gould inquired as to what it would entail. The Clerk inquired of the Chief of Police as to the purpose of the grant. Mr. Groon interjected that it is the domestic violence grant. The Chief concurred. The Clerk inquired if it is the same “domestic violence” grant that the Borough currently has. The Chief of Police responded that the federal government changes the criteria and title annually.

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 hereinbelow, be paid.

Vote:          Gould-Cabrera-Groon-Yes


The purpose of the authorized closed session, as the agenda indicated, was for the purpose of discussing the on-going JCOW litigation and the Borough’s continued membership therein.  The Clerk advised all present, prior to going into closed session, that the commissioners would be deliberating in closed session after passage of the resolution, that the matter would be released to the public at the conclusion of the matter, and that the commissioners would be taking formal action (on Ord. No. 1023) upon returning to open session, and that all would be welcome back at that time.

 

Mrs. Gould motioned, seconded by Mr. Groon, that all reports received, from the Court Administrator, CFO, Tax Collector and Chief of Police, be accepted as presented and now filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that the minutes of meetings held December 27, 2006 and January 10, 2007, as well as the closed session minutes of January 10, 2007, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported to the Board of Commissioners that additional information would be required prior to further discussion of the revaluation; that the Little League request for approval for improvements to the Little League field will next be addressed informally by the Planning Board.

 

Upon returning from closed session, the Clerk requested a motion with regard to Ordinance No. 1023. Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1023 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. 1023

AN ORDINANCE AUTHORIZING THE REPEAL OF ORDINANCE NO. 1021 ADOPTED NOVEMBER 29, 2006 WHICH ORDINANCE AUTHORIZED THE WITHDRAWAL FROM PARTICIPATION IN THE JOINT CONSTRUCTION OFFICE OF THE WILDWOODS AND WHICH ORDINANCE AUTHORIZED THE TRANSFER TO THE DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF NEW JERSEY, ALL RESPONSIBILITY FOR ADMINISTRATION, INSPECTION AND ENFORCEMENT OF THE UNIFORM CONSTRUCTION CODE ON BEHALF OF THE BOROUGH OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1023.

Vote:          Gould-Cabrera-Groon-Yes

There being no members of the public present, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1023 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1023 be tabled for a final vote on Wednesday, February 7, 2007 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        February 21, 2007

Kevin M. Yecco, Borough Clerk

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