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Minutes of Commissioners Meeting   -   February 20, 2008

Note:  Complete Meeting Appears on Tape #6-08  on File in the Borough Clerk’s Office February 20, 2008
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 7, 2007.

 

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. 1056 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. 1056

AN ORDINANCE AUTHORIZING THE SALE TO THE CITY OF WILDWOOD OF OWNERSHIP INTEREST IN MUNICIPALLY OWNED REAL PROPERTY NOT NEEDED FOR PUBLIC USE

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1056.

Vote:           Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1056 be closed.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1056 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. 711-08

(Authorizing an agreement with Harold Jones t/a Junkin Jones for scrap metal pick-up)

 

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. 712-08

(Authorizing a property tax overpayment refund to Pacific in the Crest LLC in the amount of 41957.27)

 

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. 713-08

(Authorizing refund to Margaret Ann George in the amount of $25 for an ambulance transport overpayment)

 

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. 714-08

(Authorizing a refund in Aetna , in the amount of $331.72 for Jeanette Brace’s ambulance transport overpayment)

 

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. 715-08

(Authorizing advertisement of Notice to Bidders in the 2/27 edition of The Herald for a 2008 4x4 Dump Truck with Snow Plow)

 

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. 716-08

(Authorizing advertisement of Notice to Bidders in the 2/27 edition of The Herald for a 2008 4x4 Dump Truck with Salt Spreader)

 

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. 717-08

(Establishing the 2008 Sewer Rate with “Variable Rate Charge” of $19.25 per 1000 gallons of metered water consumption)

 

Prior to motion and vote, Mrs. Gould inquired of the CFO as to the rate in 2007. The response was that it was $18.00.

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

Vote:           Gould-Cabrera-Groon-Yes

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that all bills properly authorized, as submitted and which appear in full on the following page, be paid.

Vote:           Gould-Cabrera-Groon-Yes

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending January 31, 2008 be accepted as presented and filed.

Vote:           Gould-Cabrera-Groon-Yes

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that the minutes of meetings held January 23 and February 6, 2008 , as well as the Special Meeting held on January 29, 2008 , and the closed session on February 6th, be approved as presented.

Vote:           Gould-Cabrera-Yes                                  Groon-Abstain

 

Mr. Cabrera stated that he had requested that the matter of the “recreation zones” be placed on the agenda. He went on to state that several months ago the governing body had discussed the idea of establishing recreation zones westerly of the new dunes being created with the use of Christmas trees. He indicated that the governing body had not brought “closure” to that issue, and he had decided to bring the matter up again from the Recreation Commission level as well as the Board of Commissioners. Mr. Cabrera stated that potential vending aspects had been discussed, and indicated that he wished to “put that on hold” for the present and focus on establishing the dunes in preparation for the 2008 season. Additionally, he stated that he wished to place signage in the area. He asked if that would require any formal zoning changed by the Borough. Mr. Groon responded that he did not have an answer to that question, and asked the Clerk/Administrator if it would require any action by the governing body in order to dedicate areas to recreation. The Clerk/Administrator responded in the affirmative, adding that there would have to be a “formal process” if there is an actual dedication of any area. The Solicitor interjected that she did not believe it would be a zoning matter.  She added the use of the beaches is a municipal determination. Mr. Cabrera interjected that he was aware that the Borough has an ordinance that prohibits certain activities on the beach, and it was his opinion that it would have to be amended. The Clerk/Administrator concurred. The Clerk/Administrator added that he had received a letter from Mrs. Devlin which raised certain concerns and he had circulated that letter to the governing body for their consideration in regard to “designation of recreation zones”.

 

Mr. Groon stated that the issue is “two-fold,” adding that the Planning Board would have to review the issue, and the code would have to be amended with regard to certain activities on the beach. The Clerk/Administrator stated that Chapter 8 of the code does pertain to permitted and prohibited activities on the beach, but added that there is a caveat in that section of the code that gives discretion to the lifeguards for permission for activities not otherwise permitted on the beach if they are further back from the water. He added that if it is the intention of the governing body to take the matter before the Planning Board for informal review, that should be done prior to any amendment of the code.

 

Mr. Cabrera indicated that there is nothing in the area that would be considered permanent, and any structures would have to be removable to meet CAFRA requirements. He went on to state that he has had numerous requests in the past for volleyball courts somewhere on the beach and the area between the dunes would be a perfect place for that activity.

 

The Clerk/Administrator stated that he had circulated preliminary plans as drawn by the Borough Engineer for the review of the governing body and members of the general public.

 

Mr. Groon inquired as to whom would present the matter to the Planning Board. The Clerk/Administrator responded that it is a recreation function and it was his opinion that perhaps Commissioner Cabrera, the Commissioner in charge of recreation, should make the presentation. However, he added that the difficult aspect of that would be that all three of the Commissioners would be present since Mr. Groon and Mrs. Gould were members of the Planning Board. The Solicitor stated that Mr. Groon and Mrs. Gould would be present as members of the Planning Board by law and that Mr. Cabrera would simply be making a presentation to that body. She added that the Engineer could also make the presentation. Mr. Cabrera interjected that he could also request a representative of the Recreation Commission to make the presentation. The Clerk/Administrator stated his opinion that he did not think it would be a problem for Mr. Cabrera to make the presentation in conjunction with the Engineer. Mr. Groon stated that the next Planning Board meeting would be the first Thursday in March. It was decided that in the interim, the Clerk/Administrator would research amending Chapter 8 of the code.

 

The Clerk/Administrator reported that he received one bid for Store No. 4 at the Crest Pier in the amount of $12,000 from Elena Salmons. He added that no bid was received for Store No. 2. He requested additional direction as to whether the governing body wished to readvertise that store for bid. He added that seven bid packages had been sent out to potential bidders. Mr. Groon inquired if any feed-back had been received. The Clerk/Administrator responded that he had received none. He reiterated his request for direction from the governing body, adding that it was his understanding that the store must be put out to public bid twice, after which the governing body would have the ability to negotiate a lease. He added, however, that the minimum bid of $12,000 could not be negotiated, nor could the original bid documents be changed . Mr. Groon inquired as to the options available with the remaining bid. The Clerk/Administrator responded that that would be something to be discussed by the governing body. It was determined that Store No. 2 would be re-advertised for bid under the same bid documents initially utilized.

 

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

Vote:           Gould-Cabrera-Groon-Yes  

Dated:         March 19, 2008

Kevin M. Yecco, Clerk/Administrator

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