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Minutes of Commissioners Meeting   -   January 27, 2010

  January 27, 2010
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, the Herald and The Press on October 23, 2009.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1087 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. 1087

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 34, FIRE DEPARTMENT, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 5 ADOPTED JANUARY 2, 1911

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1087

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1087 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1087 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. 1089 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. 1089

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. 1089.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1089 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1089 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. 1090 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. 1090

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, SECTION 32A-1, FEES, GENERAL, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007; AMENDING AND SUPPLEMENTING CHAPTER 56, RECREATION COMMISSION, SECTION 56-3, POWERS AND DUTIES, RATES AND FEES SCHEDULE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009; AND AMENDING AND SUPPLEMENTING CHAPTER 8, BEACHES, SECTION 8-6Q(5), OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ORDINANCE NO. 655 ADOPTED JULY 20, 1987, ORDINANCE NO. 695 ADOPTED MAY 10, 1989 AND ORDINANCE NO. 862 ADOPTED SEPTEMBER 29, 1999

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1090.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1090 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1090 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. 1091 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. 1091

AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 920 ENTITLED “AN ORDINANCE TO ESTABLISH EMERGENCY MEDICAL TRANSPORT SERVICES FOR SERVICES RENDERED WITHIN THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1091.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1091 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1091 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1092

BOND ORDINANCE APPROPRIATING $2,570,000, AND AUTHORIZING THE ISSUANCE OF $2,447,000 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY .

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1092 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 10, 2010, at 9:30 a.m. Vote:                     Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1093

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, TO INCLUDE ARTICLE VII, VOLUNTEER BOARD AND COMMISSION MEMBERS

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1093 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 10, 2010 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 189-10

(Endorsing efforts to “Keep Wildwood Catholic High School Open”)

 

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. 190-10

(Authorizing advertisement of Notice to Bidders for rental of Bicycle Concession No. 8A, receipt of oral bids on February 17, 2010)

 

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. 191-10

(Authorizing refund of overpayment of property taxes in the amount of $105 to Title Company of Jersey on behalf of Anna Wierbicki)

 

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. 192-10

(Authorizing purchase, off state contract, of a police vehicle)

 

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. 193-10

(Authorizing Pogue Safety & Health Consortium to provide random drug and alcohol testing to CDL operators, at a cost of $58 per employee)

 

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. 194-10

(Authorizing an increase to current agreement with Planning Design Collaborative in the amount of $11,000 in conjunction with the development and submission of a fully complete planning assessment report)

 

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. 195-10

(Authorizing appointment of Deborah J. Rogers as Municipal Housing Liaison in conjunction with the COAH substantive certification requirements)

 

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. 196-10

(Authorizing amendment of the Borough’s Policies and Procedures Manual)

 

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. 197-10

(Authorizing award of contract in the amount of $48,868.93 to Davis Equipment Sales, Inc. for one hydraulic beach cleaner)

 

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. 198-10

(Authorizing award of contract in the net amount of $32,995 to Rodio Tractor Sales, Inc. for one four-wheel drive beach tractor)

 

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. 199-10

(Authorizing advertisement of Notice to Bidders for rental of Crest Pier Store No. 4 with receipt of oral bids on February 17, 2010)

 

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 herein below, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police, and Recreation Supervisor for the month ending December 31, 2009, be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held December 28, 2009, January 6, 2010 and January 13, 2010 be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk/Administrator advised the governing body that the lone issue apparently holding up the Wildwood Gables Yacht Club from receiving their DEP license renewal was the fact that public restrooms on their property would have to be maintained and kept open all year long.  Fred Mettler, of the Yacht Club, has been advised that the DEP may approve their renewal, with the restrooms being kept open for six months annually if the Borough endorsed this provision.  After consultation with the Mayor, and consistent with the Borough’s seasonal, six month operation of our own restroom facilities, said endorsement was provided to the DEP.

 

The Clerk/Administrator next informed the Board that bids for the elevated bandstand came in significantly over budget.  The Engineer commented, however, that award would still appear possible if costs are reduced for the scope of the proposed recreation facility upgrades and he would provide revised plans in that regard for consideration.

 

During the public comments portion of the meeting, Dan MacIlreavey, of Ocean Property Management Corporation – duly authorized to appear on behalf of Kyle Kichline, President of Ocean Place Condominium Association, along with condo resident Cliff Lentz, requested consideration from the Board to provide relief through April 30, 2010 from the current construction code ordinance provisions regarding evening hour/weekend restrictions for his ongoing construction project..  The Mayor indicated that concerns certainly exist for consideration of lifting these restrictions, notwithstanding the benefits to be derived by having the work fully completed before the start of the summer season. Mr. MacIlreavey further noted that the lone complaining resident of the Association has been relocated until the construction work is concluded. The governing body determined to have the Solicitor review the request, along with the Construction Official, and respond accordingly.

 

There being no public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 200-10

(Closed session: potential litigation involving NJDEP)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, 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 24, 2010

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX