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Minutes of Commissioners Meeting   -   February 21, 2007

Note:  Complete Meeting Appears on Tape #4-07  on File in the Borough Clerk’s Office February 21, 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 announced that Ordinance No. 1023 was scheduled for vote on final reading since a public hearing was held on Ordinance No. 1023 on January 24, 2007, at which time the final vote was tabled until, first February 7, 2007 and then, February 21, 2007.

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 Ordinance No. 1023 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. 1026 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. 1026

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 45, NUISANCES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, TO AMEND SECTION 45-3 TO PROHIBIT THE FEEDING OF UNCONFINED WILDLIFE IN ANY PUBLIC PARK OR ON ANY OTHER PROPERTY OWNED OR OPERATED BY THE BOROUGH OF WILDWOOD CREST SO AS TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE, AND TO PRESCRIBE PENALTIES FOR FAILURE TO COMPLY, AND AMENDING ORDINANCE NO. 6 ADOPTED JANUARY 22, 1911

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held  on Ordinance No. 1026.

Vote:          Gould-Cabrera-Groon-Yes

Bob Young, 207 Louisville Avenue , questioned if the pending ordinance would include the feeding of seagulls, and suggested that the Beach Patrol also be an enforcement agency on the beach. Mr. Groon responded that he was not sure how this ordinance would evolve, but stated that Mr. Young’s suggestion had merit. The Clerk interjected that it was his understanding that the issues would be addressed directly on the beach by the Beach Patrol and, for non-compliance, the police would be called to issue a summons. The Chief of Police concurred.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1026 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1026 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1027 be placed on second reading and final passage by title only.

Vote:          Gould-No                                                Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1027

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 74, TOURIST DEVELOPMENT COMMISSION, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, SECTION 74-3 MERCANTILE ASSESSMENT, AND AMENDING ORDINANCE NO. 582 ADOPTED MARCH 1, 1983

Mr. Cabrera motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1027.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1027 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1027 be passed on second and final reading and advertised according to law.

Vote:          Gould-No                                                Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 450-07

(Designating the 1st Saturday in March 2007 as “Andy’s Day” in the Borough of Wildwood Crest and authorizing the Borough’s support for this community-wide event)

 

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. 451-07

(Authorizing issuance of not exceeding $2,405,000 Bond Anticipation Notes 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. 452-07

(Authorizing Notice to Bidders for advertisement of Borough-wide Revaluation for the 2009 Tax Year)

 

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. 453-07

(Authorizing Notice to Bidders for one 2007 New Holland Four-Wheel Drive Tractor, or equivalent)

 

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. 454-07

(Authorizing Notice to Bidders for one Model Year 2007 29-cubic yard trash packer, or equivalent)

 

Mr. Cabrera 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. 455-07

(Authorizing a professional service agreement with Mitchell Humphrey & Co. in the amount not to exceed $27,950 as government software provider for land use, fire prevention, code enforcement)

 

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. 456-07

(Authorizing refund in the amount of $175.20 to Sharon Miller in conjunction with a duplicate payment for ambulance service)

 

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. 457-07

(Authorizing execution of a lease agreement with Greater Wildwood Little League for use of the recreation field situated at 6001 Atlantic Avenue )

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Abstain

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 458-07

(Authorizing execution of a lease agreement with Greater Wildwood Little League for use of the recreation field situated at 6001 Ocean Avenue )

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Abstain

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 459-07

(Authorizing execution of the shared services agreement for participation in an island-wide construction office with the City of Wildwood designated lead agency for the period 4/1/07 through 12/31/08)

 

Prior to any action being taking on the foregoing Resolution, the Clerk reported that the City of Wildwood had adopted a resolution necessary to create the construction office in that City earlier in the day (2/21), and he provided a copy of the Resolution for the review of the Commissioners. He additionally provided the Commissioners with copies of the revised agreement. The Clerk indicated that the attorneys for the municipalities had reviewed the agreement and had approved it, with one legal change – adding a final provision. Mr. Cabrera stated that if it was approved by the attorneys, he was in agreement with it.

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

Vote:          Gould-Cabrera-Groon-Yes

The Clerk reported that the Solicitor was working on a revision to Chapter 22 of the Code of the Borough of Wildwood Crest with respect to the construction office to also include a reference to the fee schedule that will ultimately be adopted in conjunction with DCA regulations.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 460-07

(Authorizing submission of a grant application to establish or continue Police Aggressive Driving Enforcement Patrol Task Force)

 

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. 461-07

(Authorizing Notice to Bidders for one 2007 John Deere 644J Wheel Loader, or equivalent)

 

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 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 all reports received, from the Court Administrator, CFO, Tax Collector and Chief of Police, be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that the minutes of meetings held January 24, 2007 and February 7, 2007, as well as closed session minutes of both dates, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

The Clerk inquired of the Commissioners if they wished to entertain a discussion of the long distance telephone carrier and the Fishing Pier Capital Improvement proposal, and indicated that documents relating to each were provided to the Commissioners in advance of this meeting.

 

It was determined that discussion of the long distance telephone carrier would be held until the March 7, 2007 meeting.

 

With regard to the Fishing Pier, Mr. Cabrera reported that the Borough’s Engineer had provided a cost estimate to make the Fishing Pier ADA accessible, and that figure was $1.215 million. He went on to state that the DCA’s Small Cities Program has awarded the Borough $400,000 toward that project. He added that the Engineer has suggested a “phase-in plan” to do the work, as well as some additional funding sources to be pursued. Mrs. Gould stated that with the DCA’s grant, the Borough would still be over $600,000 short on funding. Mr. Cabrera concurred. Mrs. Gould went on to state that the structure is a “fishing pier” that has no water under it. Mr. Cabrera stated that the term “fishing pier” may have to be changed. Mrs. Gould added that the structure is nice to look at, but to spend over $1 million with all of the other areas in the Borough that need attention would not be prudent. It was her opinion that to put money into the structure would be “foolish.” Mr. Groon inquired as to the time frame for the $400,000 grant. The Clerk responded that the DCA wants to see designs in some fashion by July 2007. Mr. Groon inquired if this was a capital issue over the DCA grant. The Clerk responded in the affirmative, adding that the CFO would require some direction in terms of inclusion in the capital budget. Mr. Cabrera stated that, philosophically, all of the Commissioners would have to be “on the same page” with regard to whether it is a project worth pursuing. He added that he has heard from many people who are in favor of saving the pier.

 

Mr. Groon inquired if the Commissioners would have to provide direction at this meeting with regard to the capital budget. The Clerk responded that it was not imperative to make a determination at this meeting, but that the CFO would have to have some direction prior to March 2, 2007. Mr. Groon inquired if the money to be derived from the County could be utilized for this project. Mr. Cabrera responded in the affirmative. He added that the first phase of the project could be “downsized” to take advantage of the monies available. The Clerk stated that a decision would have to be made by the Commissioners as to whether they wanted the structure to remain, in which event certain alterations would be required to make it safe and code compliant.

 

The Clerk indicated that the details could be resolved in the future, but that the CFO required direction with regard to funding in the capital budget. Mr. Groon inquired if the funding could be placed in the capital budget pending resolution of the details and obtaining answers to the Commissioners’ questions, and if the Commissioners should find that the project is not feasible, the funding in the capital budget would not have to be expended. The Clerk responded that the Commissioners do have that option. Mr. Groon suggested that the funding be placed in the capital budget until such time as the Commissioners have sufficient information to make an informed decision regarding the fate of the pier. The Clerk inquired if Mr. Groon was referring to sufficient funding in the capital budget to remedy the code issues and to the initial phase of the project. Mr. Groon responded that he was referring to the $120,000 in order to “keep the door open” for the Commissioners to take a look at the project in depth.

 

Mr. Cabrera clarified that the $1.215 million is what is needed to bring the pier up to code and make it compliant in order for the public to be permitted to utilize the pier. The Clerk added that the $1.215 million includes ADA compliance for actual use of the pier.

 

Mr. Cabrera suggested that a meeting would be required with the Engineer and the Borough’s grant writer in order to make an informed decision.

 

Mr. Groon inquired if the DCA grant requires that the funds be expended in CY2007. The Clerk responded that the grant requires “construction to proceed no later than spring of 2008.” Mr. Groon inquired if that could become a 2008 capital expenditure. The CFO responded in the affirmative. Mr. Groon then inquired if the county would permit the Borough to utilize the county grant in 2008. The CFO responded that the county will not pay the funds until the entire project is funded.

 

Mrs. Gould stated that it is unfortunate that the Borough cannot do everything the Commissioners would like to do, but that on a priority list, the fishing pier, unfortunately, needs to be low.

 

The Clerk interjected that the DCA will be requiring a grant agreement to be executed for the $400,000 contingent upon other funding commitments by the Borough. He added that that would have to be done no later than July 2007.

 

Mr. Cabrera stated that he was aware that the pier would require a large initial outlay of funds, but it was his opinion that it would have the potential to be a revenue producing opportunity for the Borough through the recreation department and perhaps leasing to a private enterprise.

 

After additional discussion, it was determined that Borough representatives would meet with the Borough Engineer and the grant writer to explore other potential funding avenues and a required timetable with necessary funding commitments prior to making a final determination.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        March 21, 2007

Kevin M. Yecco, Clerk/Administrator

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