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Minutes of Commissioners Meeting   -   November 24, 2014

Note:  Complete Meeting Appears on CD #32-14 on File in the Borough Clerk's Office. November 24, 2014
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 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, Herald of Cape May County and The Press on November 26, 2013.

 

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. 1199 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-   Yes

 

THE DEPUTY CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1199

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 56, RECREATION COMMISSION, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, SECTION 56-3, POWERS AND DUTIES, RATES AND FEES SCHEDULE, AND AMENDING AND SUPPLEMENTING ORDINANCE NO. 824 ADOPTED MARCH 12, 1997; ORDINANCE NO. 851 ADOPTED FEBRUARY 8, 1999; ORDINANCE NO. 889 ADOPTED NOVEMBER 28, 2001; ORDINANCE NO. 924 ADOPTED JANUARY 6, 2003; ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006; ORDINANCE NO. 1035 ADOPTED APRIL 4, 2007; ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007; ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008; ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009; ORDINANCE NO. 1090 ADOPTED JANUARY 27, 2010; ORDINANCE NO. 1103 ADOPTED JULY 21, 2010; ORDINANCE NO. 1137 ADOPTED JANUARY 25, 2012; ORDINANCE NO. 1167 ADOPTED MAY 8, 2013; ORDINANCE NO. 1180 ADOPTED DECEMBER 11, 2013; AND ORDINANCE NO. 1181 ADOPTED DECEMBER 11, 2013

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1199.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1199 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that Ordinance No. 1199 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-   Yes

 

THE DEPUTY CLERK READ THE FOLLOWING STATEMENT:

 

IT WAS DETERMINED BY THE BOARD OF COMMISSIONERS TO HAVE THE MANUAL REVIEWED BY LABOR COUNSEL, SO ORDINANCE NOS. 1200 & 1201 ARE BEING CARRIED TO THE DECEMBER 10, 2014 COMMISSIONER MEETING.  IF SUBSTANTIALLY ALTERED, THE ORDINANCES WILL BE RE-INTRODUCED FOR FIRST READING; IF NOT, THEY WILL BE PLACED ON SECOND READING FOR ADOPTION.

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 278-14

WHEREAS, N.J.S.A. 40A:4-58 permits transfers between budget appropriations during the final two (2) months of the fiscal year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that transfers between 2014 budget appropriations be and the same are hereby authorized as follows:

 

Appropriation Title

To

 

From

 

 

 

 

Unclassified - Accumulated Absence Liability

                   8,000.00

 

 

Municipal Court - Salaries and Wages

                   2,000.00

 

 

Fire Official - Salries and Wages

                   2,000.00

 

 

Fire Official - Other Expenses

 

 

                      2,000.00

Municipal Court - Other Expenses

 

 

                      2,000.00

Police - Salaries and Wages

 

 

                      8,000.00

 

 $              12,000.00

 

 $                  12,000.00

 

 

 

 


 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 279-14

WHEREAS, on October 22, 2014, Notice to Bidders was published in The Herald of Cape May County for receipt of bids for Rental of Beach Concession Locations for the rental of Beach Umbrellas, Beach Chairs, Approved Flotation Devices and the Sale of Bottled Water Only on Thursday, November 6, 2014 at 10:30 a.m. in the Municipal Court Room at Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey; and

 

WHEREAS, no bids were received or presented at that time; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-advertise Notice to Bidders for said concession.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, as follows:

 

1.  The preamble hereto is repeated herein as if fully set forth;

 

2.           The Borough Clerk be and she is hereby authorized, instructed and empowered to publish Advertisement for Bidders in The Cape May County Herald issue of December 3, 2014.

 

3.            Sealed bids will be received by the Purchasing Committee in the Municipal Court Room, Wildwood Crest Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Tuesday, December 16, 2014 at 10:00 a.m., prevailing time, for Rental of Beach Concession Locations for the Rental of Beach Umbrellas, Beach Chairs, Approved Flotation Devices and the Sale of bottled Water Only.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 280-14

Approval to Submit a Grant Application and Execute a Grant Contract With the HUD Community Block Grant-Disaster Recovery Program for Sunset Lake Shoreline Stabilization and Extension of Washington Avenue Bay Front Outfall Line

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, formally approves the grant application for the above stated projects; and

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to submit an electronic grant application to the HUD Community Block Grant-Disaster Recovery Program on behalf of the Borough of Wildwood Crest; and

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Wildwood Crest and that their signatures constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 281-14

Authorizing Retention Via Professional Services Agreement

Of A Law Firm As Special Counsel Specializing In Labor Relations

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm specializing in labor relations in the field of collective bargaining negotiations, personnel administration, and employer-employee relations in an employee administrative proceeding; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of labor relations, collective bargaining negotiations, personnel administration and employer-employee relations; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that William G. Blaney, Esquire,  of the law firm of Blaney & Donohue, P.A., of Wildwood, New Jersey is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, William G. Blaney, Esquire, of the law firm of Blaney & Donohue, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that William G. Blaney, Esquire and Blaney & Donohue, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing November 24, 2014 to any political committee or candidate through the term of this contract;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, as follows:

 

1.                   William G. Blaney, Esquire of the law firm of Blaney & Donohue, P.A., of Wildwood, New Jersey is hereby retained as Special Counsel as a professional labor negotiator to provide specialized professional services in the field of collective bargaining negotiations, personnel administration, employee disciplinary actions, and employer-employee relations for the period October 24, 2014 through December 31, 2014. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with William G. Blaney, Esquire, of the law firm of Blaney & Donohue, P.A., for specialized professional services in the field of collective bargaining negotiations, personnel, administration, and employer-employee relations, as aforesaid, for a term of the period indicated above, which contract shall provide for payment at the hourly rate of one hundred forty ($140.00) dollars per hour.  Said award is further contingent upon the certification of availability of funds below by the CFO.

 

3.                   This contract is awarded without competitive bidding as a professional service in accordance with the provisions of the Local Public Contracts Law aforesaid, and in accordance with the provisions of N.J.S.A. 19:44A-1, and shall be in a form approved by the Borough.

 

4.                   The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.

 

5.                   This Resolution and a copy of the contract for professional services shall be maintained on filed in the offices of the Borough Clerk for public inspection.

 

6.                   A copy of this Resolution shall be published in the legal newspaper designated by the Borough as required by law, within ten (10) days of its passage.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 282-14

WHEREAS, the Commissioner of Public Safety desires to appoint five (5) Class II Police Officers for the Borough of Wildwood Crest; and

 

WHEREAS, it is the desire of the Commissioner of Public Safety to appoint Fabio Pawlus, Kathleen Portella, Cole Sawyer, Edward Sedano, and John Wisnofsky., as Class II Police Officers for the Borough of Wildwood Crest, to serve in an “at-will” capacity at the pleasure of the Commissioner of Public Safety at an annual salary as contained in the current year salary ordinance of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough of Wildwood Crest to confirm and ratify the appointment of Fabio Pawlus, Kathleen Portella, Cole Sawyer, Edward Sedano, and John Wisnofsky., as Class II Police Officers.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, as follows:

 

1.       The allegations of the preamble hereto are incorporated herein as if fully set forth.

2.       The appointment of Fabio Pawlus, Kathleen Portella, Cole Sawyer, Edward Sedano, and John Wisnofsky., as Class II Police Officers effective the date of passage of this resolution, at an annual salary as permitted within the parameters of the range established in the current year “Salary Ordinance” of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified.

3.       That said unclassified appointments shall be “at-will,” at the pleasure of the Commissioner of Public Safety, and shall remain in full force and effect until further notice.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 283-14

EXPRESSING THE IMPORTANCE TO RECOGNIZE THE STRENGTH OF LOCAL PENSION FUNDING IN REGARDS TO RECOMMENDATIONS FROM GOVERNOR CHRISTIE’S PENSION & HEALTH BENEFITS STUDY COMMISSION

 

WHEREAS, State actuaries confirm by the latest Valuation Report the pension and benefit reform enacted in 2010 and 2011, coupled with the consistent pension payments made by employees and local governing bodies, have resulted in the savings; and

 

WHEREAS, the fiscal health of “Other Than State” public pension systems, report a distinction between local commitments, and the commitments which are a State government’s responsibility; and

 

WHEREAS, according to the latest Valuation Reports, local government Public Employees Retirement System (local PERS) and local Police and Fire Retirement System (local PFRS), are more sound, due to the fact municipalities and counties have funded full employer contributions as required for over a decade, with local PERS currently funded (comparing assets to liabilities) at 73.9%  and local PFRS is currently funded at 76.9% according to the experts; and

 

WHEREAS, the State PERS, on the other hand, is currently funded at 48.1%, and State PFRS is, 50.8% and both will go lower for lack of payment; and

 

WHEREAS, the Officers of the League of Municipalities have submitted a statement to Governor Christie’s Pension and Health Benefit Study Commission, urging that the Final Report and Recommendations of that Study Commission not weaken the vitality of the local pension plans;

 

WHEREAS, the Commissioners of the Borough of Wildwood Crest urges State policy-makers to recognize the deficit issues are State Funding problems, and reject any recommendations that would threaten municipal budgets and property taxpayers; to share the cost;

 

WHEREAS, we recognize the State’s budget problems and are anxious to see results but cannot permit a shifting of the State burdens to our property taxpayers;

 

WHEREAS, the Pension and Health Benefits commission must also address State mandated requirements which drive up the cost of funding health benefits insurance by property tax payers;

 

THEREFORE, BE IT FURTHER RESOLVED, that a copy of this resolution be immediately transmitted to the Honorable Chris Christie, Governor; the Honorable Stephen Sweeney, NJ State Senate President, 2nd New Jersey State Legislative Districts, and to the New Jersey League of Municipalities.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE DEPUTY CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 284-14

WHEREAS, on November 19, 2014 , TEMPLE UNIVERSITY COLLEGE OF ENGINEERING , 1947 N. 12th St. , Philadelphia, PA 19122 , applied for a Special Events Permit for the purpose of a GLIDER AERODYNAMIC TESTING   to be held on December 4, 2014,  from Sunrise to Sunset, on the WILDWOOD CREST BEACH ; and

                                                                                                                                                         

WHEREAS,  TEMPLE UNIVERSITY COLLEGE OF ENGINEERING, 1947 N. 12th St., Philadelphia, PA 19122, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  TEMPLE UNIVERSITY COLLEGE OF ENGINEERING , 1947 N. 12th St., Philadelphia, PA 19122 for the purpose of a GLIDER AERODYNAMIC TESTING to be held on December 4, 2014, from Sunrise to Sunset, on the WILDWOOD CREST BEACH.

 

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, 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 and the Wildwood Crest Police Department for the month ending October 31, 2014 be accepted as presented.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission Meetings held on October 22, 2014 and November 5, 2014, as well as closed session minutes of October 22, 2014, be approved as presented.

Vote:          Gould - Cabrera – Groon – Yes

 

The Mayor opened up the floor for public commentary.  After hearing no comments from the public, the Mayor instructed there will be additional time for public comments after Discussion. 

The Mayor indicated there were no developments with any new business or old business. 

 

The Mayor again opened the floor for public commentary.  Deon Lyon, 121 W. Wisteria Avenue, inquired about the status of the Army Corps plan.  The Mayor indicated the Borough received the report from the Army Corps and in turn, sent back our suggestions last summer.  The Borough received their response and for the most part, they would like to proceed with the 16 foot dune line.  The Army Corps has yet to make it to the design phase.  He further indicated that the Borough is still waiting further confirmation of different items in the report and was hoping for negotiations.  Commissioner Cabrera indicated that the Army Corps was firm with the height requirement.  The Mayor pointed out that a timeline could not be projected since the Army Corps is seeking funding. 

 

After hearing nothing further from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned at 7:13 p.m.

 

Vote:          Gould - Cabrera – Groon – Yes         

 

Dated: December 23, 2014

Janelle M. Holzmer, Borough Clerk

 

MINUTES OF MEETINGS INDEX