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Minutes of Commissioners Meeting   -   July 11, 2007

Note:  Complete Meeting Appears on Tape #16-07  on File in the Borough Clerk’s Office July 11, 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 ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1042

BOND ORDINANCE APPROPRIATING $2,900,000, AND AUTHORIZING THE ISSUANCE OF $2,761,900 BONDS OR NOTES OF THE BOROUGH, PROVIDING FOR IMPROVEMENTS TO THE SANITARY SEWER AND STORM SEWER SYSTEM TO BE UNDERTAKEN BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1042 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, July 25, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 553-07

(Authorizing emergency appropriation in the amount of $132,771.70 for purposes of a down payment in conjunction with Seaview Avenue street and utility construction project, said amount to be funded in the 2008 municipal budget)

 

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. 554-07

(Authorizing confirmation and ratification of termination of health insurance coverage to certain volunteer ambulance corps members)

 

Prior to motion, Mrs. Gould inquired as to how many volunteers would be affected by the adoption of this Resolution. The Clerk responded that there were three, now down to two, as well as a reimbursement for the AARP for two members.

 

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. 555-07

(Authorizing approval of change order number 1 and estimate certificate number 5 – final, reconstruction of Cardinal Road Storm Sewer)

 

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. 556-07

(Authorizing issuance of a special events permit to Thomas R. Eagan for the purpose of hosting a block party on July 28, 2007 at 100 East block of Louisville Avenue )

 

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. 557-07

(Authorizing a professional services contract with Glen Ortman, RMA, of the firm of Ford Scott Seidenburg & Kennedy, LLC)

 

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. 558-07

(Authorizing a professional services contract with Tri-County for animal control services)

 

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. 559-07

(Authorizing a professional services contract with Ralph Petrella, P.E., of the firm of Van Note-Harvey Associates)

 

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. 560-07

(Authorizing issuance of a special events permit to Greater Wildwood Boat Parade Committee c/o Jodie DiEduardo, Chair, for the purpose of hosting a boat parade in the Wildwood Crest back bay on July 28, 2007)

 

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. 561-07

(Authorizing payment to Ralph Murray by the CFO, in the amount of 41,138.53 in conjunction with a workers’ compensation claim for which he was not paid)

 

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. 562-07

(Authorizing refund of $60 to Joseph Vallese for barricades rented and paid for but not placed by the Borough)

 

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. 563-07

(Authorizing a refund to Patricia Safer in the amount of $40 for an ambulance transport 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. 564-07

(Authorizing the CFO to re-issue a check in the amount of $777.58 to Bob’s Auto
Body in conjunction with repairs to a Borough police vehicle but for which the initial check from Scibal was deposited by the Borough)

 

Mrs. Gould motioned, seconded by Mr. Cabrera, 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 hereinbelow, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk indicated that he was awaiting full disclosure by the governing body as to how they wished to proceed with regard to GWTIDA appointments. He asked that each member of the governing body advise him prior to the next meeting as to how they wished to proceed.

 

With regard to the UEZ ordinance amendment, the Clerk reported that a draft has been prepared and provided to the Solicitor for her review based upon information received from the UEZ Director, and that he had provided copies to each of the Commissioners and the CFO requesting comments in order that he might provide a final draft to the UEZ Director and other member municipalities. He added that the Mayor has requested that the ordinance be placed on the agenda of July 25, 2007 for potential introduction. Mrs. Gould asked that the CFO meet with the Clerk and the Solicitor to carefully review the proposed amendment. The Clerk concurred.

 

The Clerk reported that he had received letters, and circulated them to the governing body, indicating that there are two potential applicants for ice cream peddling licenses. He indicated that the current ordinance provides for five licenses only, and the request has been made to increase that number. He invited the members of the governing body to discuss the matter with him prior to any potential amendment to the ordinance being considered, specifically with respect to potential changes to vending in various locations, the impact it would have with veterans’ vendors rights. Mrs. Gould inquired if fruit trucks are included in this category, and must be veterans. The Clerk responded that they are not. He added that the ice cream licenses are not veterans either, and explained that his reference to veterans’ rights is that if vending of this type is permitted, veterans cannot be denied the right to vend their wares as well and the number of veterans cannot be limited. Mr. Cabrera indicated that he did not understand the limitations. The Clerk explained that at present the Borough permits five ice cream licenses, but veterans have “an absolute ability” to seek additional licenses beyond the limitations set by the ordinance. Mr. Cabrera inquired if the five presently held are veterans. The Clerk responded that they are not. Mrs. Gould inquired as to how many are veterans. The Clerk responded that there is possibly only one at the present time. Mrs. Gould inquired if a bidding war might result to get a license. The Clerk said that it would not. He added that he was indicating that if the governing body were to permit this type of peddling on the Borough streets to those who seek licenses, the Borough would have “grave difficulty” in denying additional (individual) licenses if those individuals are veterans. The Solicitor interjected that veterans have a preference. The Clerk concurred. The Clerk added that he wanted to provide the information to the governing body if it was their intent to expand the number from five, which has been in place for at least twenty-five years. Mr. Cabrera inquired as to how much the ice cream vendors pay for their licenses. The Clerk responded that it is in the vicinity of $650 that would include the mercantile fee, promotional fee and the TDF. Mr. Cabrera inquired as to when those fees are paid. The Clerk responded that they are required to make application and pay the fee on or before December 31st for the subsequent year.

 

With regard to the brick paver proposal from the Beautification Committee, the Clerk requested a status report. Mr. Cabrera responded that the Beautification Committee originally discussed having the brick paver memorial at the Rosemary Road park. They also explored an alternative site behind the library.

 

The Clerk indicated that the proposed appointment of Triad Associates for grants coordination would be placed on an upcoming agenda for discussion.

 

With regard to the Wildwood Water Utility agreement, the Clerk reported that that matter was still pending, adding that it does tie in to the Water Utility looping of the lines. He added that the Solicitor was authorized to reach out to the DCA for further clarification of what may be required.

 

The Clerk reported that the phone service agreement with Line Systems, Inc., would be held over for an agenda in December.

 

The Wildwood Gables Yacht Club has been placed on notice as to the Borough’s requirements to move the agreement forward, specifically that the Wildwood Gables Yacht Club would have to supply to the Borough, in writing, a “sign off” from the DEP that the alleged violations have been fully abated.

 

Louise Johnstone, 300 East Miami Avenue, a member of the Beautification Committee, reported that at the last meeting of that group, it was agreed that the brick paver memorial park would be located at the library. It has already been designed and measured.   Mrs. Johnstone also indicated that a member of the Beautification Committee donated a sign on the south end of Sunset Lake in memory of her husband, and on the north end of Sunset Lake the Beautification Committee donated the “Welcome to Wildwood Crest” sign. It was her opinion that both signs are “compromised” by the two Hydrofest signs. Mrs. Gould inquired what sign was at the south end of Sunset Lake and where was it located. Mrs. Johnstone responded that she was referring to the “Celebre” memorial sign.

 

With regard to the Hydrofest, Mrs. Johnstone reported that one of her neighbors questioned what would happen to the “beautiful, new sod” at Sunset Lake. Mr. Cabrera responded that the Borough has an agreement with the Hydrofest that if there is any damage it will be the responsibility of that organization to repair the damage. He added that he has forwarded to the event coordinator some ideas to prevent any damage. The Clerk added that the event coordinator will have to execute an indemnification and hold harmless agreement with specific language as to the landscaping, utilities, etc. at Sunset Lake.

 

Mike DiAntonio, 6310 Park Boulevard, expressed concerns regarding the street-ends and the fencing located at those locations. He reported that people “frequently pass through” those fences. He indicated that he wanted to make the governing body aware that there had been ten days in a row on which people were still going through the bulkhead fence, even though the fence has been repaired. Mrs. Gould inquired if Mr. DiAntonio had any suggestions to alleviate the problem. Mr. DiAntonio responded that he did. He presented a photograph of the area showing that the neighboring property is vacant and permits easy access to the bulkhead. The Clerk interjected that one of the photos presented by Mr. DiAntonio showed a police presence at the site. Mr. DiAntonio indicated that that photo was taken July 3, 2007. He added that they came “immediately” upon him calling them. He added that it was his concern that someone would be hurt on the “bolts” that stick out from the bulkhead. He suggested that a chain link fence be installed at each street end. The Clerk stated that as soon as the Borough received notice, the problem area was repaired, and he indicated that Mr. DiAntonio would confirm that. Mr. DiAntonio concurred. However, he added that it does not stop people from going through. Mr. Cabrera interjected that he was not sure whether the design of the fencing was adequate or acceptable since it permits people to go through and there is no signage. The Clerk cautioned as to any comments in this regard since there is litigation pending and that he would have the Risk management Consultant and Safety Consultant survey the area in question to make a further determination.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        July 25, 2007

Kevin M. Yecco, Clerk/Administrator

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