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Minutes of Commissioners Meeting   -   May 2, 2007

Note:  Complete Meeting Appears on Tape #11-07  on File in the Borough Clerk’s Office May 2, 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 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 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 RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 500-07

(Requesting authorization from the Director of the DLGS to amend the 2007 Municipal Budget to approve the insertion of $63,908 received from the County of Cape May under the 2007 Municipal Public Improvements Joint Venture Program for the rehabilitation of Scoop Taylor Park)

 

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. 501-07

(Authorizing designation of parking meter locations from May 11, 2007 through September 24, 2007 at the rate of $1. per hour – fifteen minutes for each quarter deposited)

 

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. 502-07

(Authorizing award of contract to McClure’s Power systems for rehabilitation of generators and switches at the Stanton and Topeka Avenue Pump Stations for the not to exceed amount of $73,804)

 

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. 503-07

(Authorizing award of contract to Arthur R. Henry, Inc., for beach storm sewer outfall replacement at various designated location for the not to exceed amount of $146,860)

 

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. 504-07

(Authorizing refund of specified property tax and/or sewer overpayments)

 

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. 505-07

(Authorizing refund of Tourism Development Fee not required to have been paid in the amount of $150 to Mark H. and Sandra M. Richardson)

 

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. 506-07

(Authorizing issuance of a special events permit to Julie K. Harding and Ed Baldi for a wedding ceremony to be held on May 24, 2007 at the Miami Avenue Gazebo)

 

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. 507-07

(Authorizing issuance of a special events permit to Marine Mammal Stranding Center for a beach swim to be held on July 14, 2007 at Rambler Road beach)

 

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. 508-07

(Authorizing issuance of a special events permit to Hobie Fleet 443 for a regatta to be held August 24-25, 2007 at the beach in Wildwood Crest)

 

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. 509-07

(Opposing A-3860 which legislation modified the intent, purpose and standard of construction of the municipal land use law)

 

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. 510-07

(Supporting S-269 and companion bill A-4065 regarding sales tax exemptions)

 

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. 511-07

(Urging restoration of state funding levels at that of 2006 amounts for tourism, arts and history expenditures)

 

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. 512-07

(Authorizing purchase of playground equipment off State Contract from Marturano Recreation Co. for the not to exceed amount of $22,696)

 

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

 

The Clerk reported that the marriage and civil union fee ordinance has not been finalized, and he was awaiting authorization to place it on the agenda for introduction by the Commissioners.

 

Mr. Cabrera requested that all discussion matters regarding telephone service be tabled and removed from the agenda until the meeting in December.

 

The Clerk requested authorization for submission of a letter prepared by the Solicitor regarding water main extensions. Mr. Cabrera motioned, seconded by Mrs. Gould, that the letter prepared by the Solicitor with regard to water main extensions be approved for submission.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould asked Mr. Cabrera and Mr. Groon to make a decision with regard to the marriage and civil union fee ordinance in order that it can be placed on the agenda for introduction. The Clerk indicated that a fourth draft of the ordinance had been supplied to the Commissioners and the Solicitor for their review. Mr. Cabrera indicated that he did not have a problem with charging a fee for the service, but he did have a problem with charging a fee and having that fee go to Mayors and Deputy Mayors. He went on to state that when the Commissioners took their oaths of office, that was one of the responsibilities included, and it was his opinion that additional compensation would create an inequity. Mrs. Gould responded that the money she receives for performing marriage and civil union ceremonies is donated to various charitable organizations. The Clerk interjected that the State requires an ordinance be adopted in order that fees can be charged for these ceremonies, and additionally, the salary ordinance would have to be amended to include that some salary compensation in lieu of services performed. Mr. Cabrera reiterated his opinion that a fee could be charged, and “have it stay in the Borough of Wildwood Crest.” Mrs. Gould responded that most of these ceremonies take place on Saturdays and Sundays, and the official is taking their own time to perform the ceremony. Mr. Cabrera responded that all of the Commissioners give up personal time to perform their official duties. Mrs. Gould urged Mr. Cabrera and Mr. Groon to make a determination quickly because there are people calling who want to get married in Wildwood Crest. The Solicitor interjected that they can still get married, but that there is no ability to charge a fee. The Clerk indicated that, unless he hears to the contrary from the Commissioners, it would be his intent to list the ordinance for introduction at the May 23, 2007 meeting. Mr. Groon indicated that Mr. Cabrera had raised some issues that need to be considered, and he suggested that Mr. Cabrera provide the Clerk with any proposed changes as soon as possible.

The Clerk reported to the governing body, with regard to the fitness park, that the Engineer has provided a document concerning the placement of the pavilion that indicated that if it is at least 150 feet from the beach it would not necessitate application for a CAFRA permit. Mr. Cabrera indicated that it had originally been centered in the lot, but when the CAFRA issue became apparent, the Engineer was requested to move it in order that a CAFRA permit would not be required. Mr. Groon stated that he was in total disagreement with the placement of the pavilion since the people will not be facing the ocean, but, rather, Ocean Avenue. He went on to state that the idea was to have it at its original location so the public could be looking at the ocean. He added that to move the pavilion would be “giving in” to CAFRA.  The Clerk interjected that the CAFRA permit for the passive park, without any construction, took 90 days, and he “shuddered to think” how long it would take to get CAFRA approval for a “building.” Mr. Groon responded that it is not a building, it is only a platform. The Clerk responded that it is considered construction. Mr. Groon stated his opinion that this type of scrutiny really hurts the community.  Mr. Cabrera responded that they can certainly move it to where Mr. Groon thinks it needs to be, but “be prepared for a long haul battle.” The Clerk inquired if the intention had been to have the park constructed before the 2007 summer season. Mr. Cabrera responded that it was not, but that the reason the location of the pavilion is needed now was when the contractor pours footings for the electrical system, they need to know where the pavilion will be located. The Clerk inquired if any phase of the project will be completed prior to the start of the summer season. Mr. Cabrera responded in the affirmative. The Clerk inquired if the park will be otherwise operational prior to or during the summer season. Mr. Cabrera responded that if all goes as planned, yes. The Clerk stated that if that were not the case, then the Borough could make the long fight and have it operational for the summer of 2008. The Solicitor inquired if the Engineer could move to amend the CAFRA permit. The Clerk responded that the permit has been issued for everything except the pavilion within/or beyond 150 feet of the easterly side of the bike path. Mr. Groon reiterated his belief that the Borough should not “give in.” The Clerk stated that the problem being faced is time constraints if it is the intent of the Commissioners to have the project moved forward for the summer of 2007.

 

The Clerk reported to the Board of Commissioners that his office has sent letters to all bidders with regard to the revaluation to request an additional thirty day extension of the bids received until the funding is in place in order to award that contract.

 

Going back to the fitness park project, it was the Clerk’s opinion that the project cannot be commenced until the location of the pavilion is determined because the footings and other plans would center around that. The CFO inquired if the project was bid out without the pavilion. Mr. Cabrera responded in the affirmative, adding that the pavilion was an “add alternate.” The Clerk interjected that there are too many factors dependent upon the placement of the pavilion that would adversely impact the project. Mr. Cabrera indicated that a pre-construction meeting had been scheduled, and the project is scheduled to commence within the next two weeks. The Clerk stated his opinion that “there is no way imaginable that the DEP would sign off on a pavilion when without any consideration of any construction it took them 90 days to review and approve and provide the permit for the fitness park.”

 

Mr. Cabrera suggested that the matter be discussed “openly” with the contract at the pre-construction meeting to determine if it is possible to permit the project to proceed in such a way as to permit the pavilion to be constructed at a later time. Mr. Groon stated that he would like to revisit the matter after the pre-construction meeting to determine a further direction, as necessary.

 

John Quintano, 9300 Atlantic Avenue, inquired if the state legislator could intervene on behalf of the Borough with regard to the pavilion permit. Mr. Cabrera responded that they have been contacted just to get the permit for the passive park and they provided no assistance.

 

Mr. Quintano then commented on the debris on the beach. He inquired as to how close to the water line the DEP permits the Borough to move debris from the beach. Mr. Cabrera responded that the permit does not indicate how close to the water the debris can be placed. Mr. Quintano stated that his concern was that the debris was being raked from west to east and going past the high tide line. It was his concerns that the debris would be washed into the ocean by the high tide. Mr. Cabrera responded that the Borough’s beach cleaning procedures have not changed, and the DEP does not permit any cleaning or raking before April 15th. Mr. Quintano reported that on April 24th and April 25th he saw wood, bottles and other debris raked to the water’s edge. Mr. Groon interjected that he had seen it two days before this meeting. Mr. Cabrera indicated that he would look into the matter.

Ed Chadrow, 111 East Nashville Avenue, indicated that Nashville is still not paved, and questioned when it will be done. Mr. Cabrera responded that the project is being done by the Wildwood Water Utility and “we are at their mercy.” He apologized for the delay.

 

There being no further public comments, the Clerk inquired of the governing body as to whether any determination had been made with regard to the pavilion at the fitness park. Mr. Groon responded that he would like to wait to see what develops from the pre-construction meeting later in the day.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        May 23, 2007

Kevin M. Yecco, Borough Clerk

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